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Agenda 04-10-07 (3) MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY MEETING HELD IN CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA ON TUESDAY, APRIL 10, 2007, AT 6:30 P.M. Present: Henderson Tillman, Chair Stormet Norem, Vice Chair Rev. Lance Chaney Jeanne Heavilin Marie Horenburger Steve Myott Guarn Sims Lisa Bright, Executive Director Ken Spillias, CRA Board Counsel I. Call to Order - Chairman Henderson Tillman Chair Tillman called the meeting to order at 6:33 p.m. II. Pledge to the Flag and Invocation The board recited the Pledge of Allegiance to the Flag. Rev. Chaney gave the invocation. III. Roll Call The Recording Secretary called the roll and all members were present. It was noted Mayor Taylor; Quintus Greene, Development Director; Vice Mayor Rodriguez; and Amy Dukes, Attorney with Lewis, Longman and Walker, were present. IV. Agenda Approval A. Additions, Deletions, Corrections to the Agenda · Attorney Spillias added to Item XIII, Attorney Comments, a discussion of Ocean Breeze and possible action by the board regarding a purchase contract. · Ms. Bright pulled Consent Agenda Items E and K. · Steve Myott pulled Consent Agenda Items G and M. · Mr. Sims pulled Consent Agenda Items D and N. B. Adoption of Agenda Motion A motion was made by Ms. Heavilin to approve the agenda with the changes. Vice Chair Norem seconded the motion that unanimously passed. 1 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida April 10, 2007 V. Consent Agenda: A. Approval CRA Board Meeting Minutes - March 13, 2007 B. Approval of the Financials for Period Ended - March 31, 2007 C. Budget Amended for Period Ended - March 31, 2007 D. Consideration of Exploring Uses & Costs for 310 NE 10th Avenue E. Approval of the Rescinded DIFA for 500 Ocean Plaza F. Review of the Boynton Beach High School Booster Club G. CRA Board Packet Production List H. SS 163 Requirements for Fund Balance, Bond Proceeds & Use of Appraisals I. Approval of Ocean Breeze RFP Selection Committee J. Approval of Commercial Fac;ade Grant-Anne Marie Motel NTE $15,000 K. Approval of Marina Leases L. Request for Proposals for Vacant Land Described as Cherry Hills, Boynton Lots 390 and 391 - Pulled M. Cornerstone Request for the Preserve N. MLK Corridor Update VI. Public Comments Chair Tillman opened the floor for public comments. No one coming forward, Chair Tillman closed the floor to public comments. VII. Public Hearing Attorney Spillias announced the Land Development Regulation Rewrite did not require quasi- judicial procedures. Old Business: None New Business: A. Land Development Regulations Rewrite Code Review 1. Project: Land Development Regulations Rewrite (CDRV 07-004) Definitions and project update. City- In itiated Request to amend a portion of the Land Development Regulations (LDR) Part III, Chapter 1, Article II. Definitions to provide a first set of revisions based on updated uses, new or proposed sections, and consolidation of definitions currently provided within individual chapters as part of the LDR rewrite project. Agent: Description: 2 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida April 10, 2007 Ed Breese, Principal Planner, presented the rewrite of the Land Development Regulations (LDR) and explained the changes. A PowerPoint presentation was made, a copy of which is available in the City Clerk's Office. The changes discussed were contained in the Department of Development Planning and Zoning Memorandum dated March 28, 2007, also available in the City Clerk's office. Ms. Horenburger asked about supplemental regulations. Mr. Breese responded those would come later in the process and dealt with more than one section for the Code. Ms. Horenburger noted the cross-referencing with the supplemental regulations had been an issue in the past. She hoped there would be a strong effort to consolidate them and have a mechanism for achieving easier cross-references. Ms. Heavilin complimented staff. She thought the definitions were clear and understandable. Mr. Breese responded the changes were a concerted staff effort. Motion Ms. Heavilin moved to approve the Land Development Regulation Rewrite. Mr. Myott seconded the motion that unanimously passed. VIII. Pulled Consent Agenda Items: Item D - Consideration of Exploring Uses & Costs for 310 NE 10th Avenue Mr. Sims announced he liked the idea of a CRA and City satellite office for joint usage. He requested the concept be explored further. Lisa Bright, Executive Director, the CRA could take a look to see how much it might cost the CRA to renovate the building. The item was brought forward for informational purposes as it pertained to the budget. She explained staff would provide information on the item to the board at another time. Motion Mr. Myott moved to approve the request. Vice Chair Norem seconded the motion that unanimously passed. Item E. Approval of the Rescinded DIFA for 500 Ocean Plaza Ms. Bright explained she pulled this item and that staff was recommending approval to rescind the $2M up-front Direct Incentive Funding Agreement. The funds would revert back to the General Fund for use on another project. Motion Vice Chair Norem moved approval of the request. Ms. Horenburger seconded the motion that unanimously passed. 3 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida April 10, 2007 Item G. CRA Board Packet Production List Mr. Myott suggested putting the documents into a PDF format and emailing it to save on printing and courier costs. Ms. Bright indicated that was being considered. Posting the information on the website was discussed. The new website would be launched next week and the information could be posted in-house by staff. Individuals would then be able to print materials as needed. Ms. Bright noted there was no action needed. The item was presented for informational purposes only. Item K. Approval of Marina Leases Ms. Bright explained the only reason she pulled this item was because the recommendation was not included on the agenda item staff report. Ms. Bright recommended approval. Motion Mr. Myott moved to approve the request. Ms. Heavilin seconded the motion that unanimously passed. M. Cornerstone Request for the Preserve Mr. Myott noted the staff recommendation was to deny the request. Mr. Myott asked for additional information. Ms. Bright explained this project was immensely successful. The cost associated with the project was close to $2.5M, which draws down the bond. She did not think the CRA was financially prepared for that; they were finding many developers were requesting assistance. This was the second request from the developer because of the huge success and need for workforce housing. Mr. Myott thought blending the incomes within the project and doing so in other areas of the CRA would be beneficial. He supported staffs recommendation to not approve the request at this time. Motion Mr. Myott moved to approve staffs recommendation and not approve the request. Vice Chair Norem seconded the motion that unanimously passed. N. MLK Corridor Update Mr. Sims asked whether the Development Agreement and/or the Tripartite Agreement established a deadline date for the agreement to be signed and delivered. Ms. Bright reported she was not aware of a Development Agreement being signed. Mr. Sims also asked about the Joint Partnership Agreement being signed. Ms. Bright reported this matter would be discussed next Tuesday. The September date requested by Vice Mayor Rodriguez was an extension for 4 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida April 10, 2007 acquisition of Phase I properties. There was still no definitive time frame and seven weeks had elapsed since the special negotiation meeting with the parties on February 16, 2007. Mr. Sims asked about the Joint Partnership Agreement. Attorney Spillias explained there was a Joint Venture Agreement with Intown and McCormack Baron Salazar but it only addressed the preplanning development aspects of the endeavor. Attorney Spillias read the purpose section of the document, which specified it was a pre-development agreement and may contemplate a separate partnership for the actual development. Mr. Sims was concerned about the current property owners waiting to sell their property. He understood the CRA made a commitment to refer sellers to Intown. Mr. Sims was not sure that was in the best interest of the City and CRA specifically, when property owners indicated they would not sell to Intown. The purpose of acquiring the property was for redevelopment and ultimately, transference to the master developer. He thought by waiting, a situation was being created that when the time was right to make purchases they would be unable to do so because they did not have a living document. He wanted to explore the issue again. There were opportunities to move forward, and he noted property owners were approaching the CRA wanting to sell their property on Martin Luther King Boulevard. Mr. Sims thought the issue was open ended and someone or something needed to convince all it was time to move on. The board discussed Mr. Sims comments. Chair Tillman indicated the board supported his comments and took the matter very seriously, but the situation had to play out. Ms. Horenburger inquired if the CRA was legally able to establish their own deadline for the negotiations. Attorney Spillias explained the RFP was initiated and approved by the CRA. The original motion was to negotiate a Master Development Agreement with Intown and if an agreement could not be reached, they could move to the next entity. Ms. Horenburger also discussed the timing could work out favorably. The Treasure Coast Study outlining what could reasonably be expected for development on the MLK corridor was due in May. Motion Ms. Horenburger moved the board determined the negotiations would be considered concluded, one way or another, by the June 12, 2007 meeting. Attorney Spillias recommended making the motion automatic. Ms. Horenburger indicated her intent was it would be automatic Vice Chair Norem seconded the motion. Mr. Myott thought the date was too soon. He explained Mr. Bressner was looking to determine how much money was needed from the City for the developer to do the development. He thought it would take a few months. Additionally, he did not know if the developer would support the CRA acquiring land and giving it to the City to hold. Ms. Horenburger clarified the reason for her motion was because they still did not have the financial or partnership agreement, which they had asked for more than six months ago. She 5 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida April 10, 2007 felt her motion allowed for the Treasure Coast Study to be issued and studied. She elaborated the study may indicate more analysis was needed. Ms. Bright added at the February 16, 2007 negotiating session, both Samantha Simon of Intown and Richard Baron, of McCormack Baron Salazar, indicated they needed three weeks to determine what their funding needs would be. Since that time, the CRA and the City worked diligently to determine the expectation of the development costs, which showed about $110M. She explained the CRA had received a call last week from the principal about land development regulation changes. Mr. Bressner was working on the item and that was why it was on the agenda. Rev. Chaney thought the arrangement should be terminated. He indicated with the City as a partner, a request should be submitted to them to consider a deadline. Ms. Horenburger changed her motion. The Chair acknowledged part of the blame went to the CRA for not setting a deadline and sticking to it. Motion Ms. Horenburger amended her motion to be a request to the City Commission to consider a deadline of June 12, 2007, two CRA meetings from now with the other original language. Vice Chair Norem agreed to amend his second. Mr. Sims thought there should be a strong statement from the board that this was what the board needed and wanted. Ms. Heavilin agreed it was important to ensure the City Commission knew the CRA needed to move on. The Chair should make a presentation, the Vice Chair or the Executive Director as well, and the board should attend the meeting in a show of support for the measure. The board requested to hear comments from Intown. Intown was not present. Vote A vote was taken on the motion that passed 6-1, (Mr. Myatt dissenting). A further discussion about policies and the CRA mandate ensued, and more specifically, about the ability of the CRA to move forward to purchase property on the MLK Corridor. Motion Ms. Horenburger moved to change the CRA stated policy and allow staff to examine the potential purchases along the defined MLK corridor. Rev. Chaney seconded the motion. Ms. Bright announced she had at least seven phone calls over the past two weeks from individuals wanting to negotiate with the CRA. She indicated there were interested parties. 6 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida April 10, 2007 Ms. Horenburger clarified and emphasized the intent of her motion was to proceed with the acquisition in the corridor as it was the CRA's responsibility. Vote A vote was taken on the motion and unanimously passed. IX. Old Business A. Approval of a Transit Study Contract between CRA and PBS&J. (Chair Tillman passed the gavel to Vice Chair Norem and left the dais at 7:28 p.m.) Vivian Brooks, Planning Director, explained the County requires a transit study and this item related to a Transportation Concurrency Exception Area (TCEA) overlay area in the downtown. The contract would allow the study to be conducted and completed within six months. The report would then be forwarded to the County so they would be compliant with the TCEA standards. Motion Ms. Heavilin moved to approve. Ms. Horenburger seconded the motion. The County's letter was unclear on whether the CRA would need to go back and revisit the transit plan, contingent on the amount of development that occurs. Currently, there was not enough development to create an impact, but the County still wanted the study. An hourly rate was attached to the contract in case the issue needed to be revisited. Vote There was a vote on the motion that passed 6-0 (Chair Tillman not present for the vote). B. Approval of Recommended General Contracting Firms to Negotiate a Continuing Contract. Ms. Brooks announced they received 11 responses to their solicitations. There was work that could be done on the marina and it was time consuming to go out to bid each time. The CRA needed contractors to oversee different specialties and was seeking to enter into a one-year contract with three firms to be used on a rotating basis with the ability of renegotiating an additional four years. They learned, with Burkhardt Construction, that doing so was an expensive process. The CRA was considering several projects for the area, which predicated the need for the other contractors. Chair Tillman returned to the dais at 7:30 p.m. 7 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida April 10, 2007 Ms. Brooks reviewed Hedrick Brothers Construction had historic experience and were Leadership in Energy and Environmental Design (LEEDS) Certified, and Kaufman and Lynn, Inc. had municipal experience. Motion Vice Chair Norem moved to approve. Ms. Heavilin seconded the motion. Rev. Chaney asked if smaller, minority contractors were considered. Ms. Brooks responded one minority contractor applied and the information was included in the RFP as part of the criteria to use local labor. Mr. Sims agreed with Rev. Chaney and thought minority contractors should be used when possible. Ms. Bright explained the renewal would be automatic provided there were no performance issues. Chair Tillman did not want the renewals to be automatic. He thought without minority participation there would be bad feelings. Dale Hedrick, Hedrick Brothers Construction, addressed the board and indicated he had minorities on board and throughout his company. He had worked for the school board, which required minority participation and had Milton Grey, who uses several minority subs. He reported they met all of the minority requirements. Ms. Lisa King, of Kaufman Lynn, Inc. highlighted her firms minority participation. They made it a point to use local subcontractors and met all of the minority requirements. Vote Motion unanimously passed. C. Presentations and Selection by Top Three Proposers for the Downtown Master Plan Visioning & Implementation Ms. Brooks reported she had received 19 proposals. A committee comprised of Mathew Barnes, Planner for Charlie Siemen in Boca Raton; Quintus Greene, Development Director; Mike Rumpf, Planning Director; Melissa Hudson of Lennar Homes and herself reviewed the proposals. Three firms were short-listed for consideration. They were EDAW Inc, Peter Smith & Company and Torti Gallas. Ellen Heath, Principal with EDAW made the first presentation. She explained the firm was an international firm with extensive experience and colleagues based in Florida. Ms. Heath introduced her team and reviewed her presentation, which is on file in the City Clerk's Office. Ms. Heath indicated they were looking to build on the vision for the downtown area. She noted market reality was an important part of the project, as was appropriate density. Ms. Heath explained the firm would work in a partnership arrangement with the CRA and communication was the key. She emphasized the firm used many different techniques 8 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida April 10, 2007 including a public involvement plan of stakeholder identification and interviews, potential steering committee, and a visioning charrette with hands-on interactive sessions. They also held community framework planning workshops, which was a refinement of master plan alternatives, held open houses for presentation of concepts and established a website. EDAW utilized a market analysis approach to create the economic framework. Tom Wobash, Principal with Economic Research Associates (ERA) in Washington, D.C., disclosed his firm was retained by the Treasure Coast Regional Planning Council to review Intown's plan. The market analysis and demographic forecasts would be presented on May 8th. A financial analysis would be forthcoming on June 12th. He recommended the master plan, and other projects in the CRA area be reviewed to determine their financial feasibility. That would encompass preparing a TIF analysis and understanding what the bonding capacity would be. This also correlated to specific implementation strategies and how the City and CRA could participate in specific projects. Donald Shocke, EDAW Miami Office, discussed visualization methods such as three- dimensional diagrams, GIS analysis and land use maps, character preference boards and rapid audience support. He gave a demonstration of the tool and interactive charrettes that would be used. Mr. Shocke noted community ideas shaped the project. Peter J. Smith, made his presentation and explained his firm was a multidisciplinary firm specializing in urban design and writing zoning with design bases encoded in municipal law. He reviewed the work his firm had done in other municipalities and about linking, build out and greening of the project. Mr. Paul explained they recently completed a water front project for Lauderdale by the Sea. He explained the firm focuses on creative solutions to problems and enhancing design characters. The firm also likes to use green design. Urban design and the importance of determining the right anchors was also discussed. The firm canvases the area and speaks with residents, employers and others to build a community that all would support. Focus groups, surveys and interviews were some of the methodologies used. Materials are submitted in advance to the board for review. An implementation matrix would be provided discussing all approaches and how they would be implemented. The firm does not use voice mail and specialized with working within municipalities. Robert Goodill of Torti Gallas and Partners made a presentation and announced they were the architect and planners for Intown. Mr. Goodill presented the team and reviewed the projects the firm completed. (Ms. Heavilin left the dais at 8:40 pm.) (Vice Chair Norem left the dais at 8:42 pm.) Mr. Goodill reviewed the methodology used would be a public process. He reviewed the data intake, the collection process and other community input procedures. He advised he understood the HOB Plan as part of the intake process and the importance of having stakeholders participate. 9 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida April 10, 2007 The charrette would be a week-long process with a series of workshop meetings to garner input and feedback. A preliminary plan would be developed by the end of the week. Architects would bring their concepts to the charrette and design flexible and specific features to accommodate the various concerns raised. (Ms. Heavilin returned to the dais at 8:42 pm.) Visualization tools would include hand drawn depictions and other techniques including before and after streetscape perspectives. Post charrette activities would include a vision statement with a graphic and specific proposal. A market analysis, design code and schedule of priorities would be completed. Mr. Goodill provided an example of the town papers his firm created to convey information to the public. (Vice Chair Norem returned to the dais at 8:44 pm.) Mr. Goodill read the timeline for different tasks, such as market studies and others, in order for the project to be completed. Mr. Myott complimented him on his work. Vice Mayor Rodriguez was in attendance and asked whether there was a downtown Master Plan. Chair Tillman and Ms. Brooks explained there were a number of plans but none were formally adopted and there was no comprehensive plan that addressed the area in a comprehensive way. The Federal Corridor Highway Plan was adopted and updated to be commensurate with the market. Chair Tillman thanked all the participants and explained the rating procedure. He explained the rationale for his thoughts and announced he liked EDAW the best. (Chair Tillman passed the gavel to Vice Chair Norem and left the dais at 9:19 pm) Mr. Sims thanked staff for the worksheet to rank the firms. He agreed with Chair Tillman and selected EDAW. Ms. Heavilin liked all the proposers but was most impressed with, and selected Peter J. Smith. Mr. Myott thought Torti Gallas was outstanding, but selected EDAW. Vice Chair Norem, Rev. Chaney and Ms. Horenburger all liked EDAW the best. Motion Vice Chair Norem moved to go with EDAW. unanimously passed. Rev. Chaney seconded the motion that 10 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida April 10, 2007 Motion Mr. Myott moved the CRA prepare something in recognition of the selection committee. Ms. Heavilin seconded the motion that unanimously passed. X. New Business A. Discussion and Approval of FY 2005-2006 Audited Financial Statements Mr. Reardon announced this item was for informational purposes only and it was his error the item was listed as an approval item. He reported an audit was conducted and came back without any findings. XI. Comments by Staff XII. Comments by Executive Director Ms. Bright announced the CRA office would be closed on Thursday morning to attend services for Phyllis Zitcer's husband, who unexpectedly passed away. Ms. Bright requested guidance on two items. The Boy Scouts of America was requesting financial support and requested the CRA purchase a table for a youth involvement activity. The item would cost about $2,500. Additionally, the Police Department Community Action Team was requesting support for its Bike Rodeo by soliciting a donation to purchase a trailer. The cost associated with the request was approximately $3,500. Ms. Bright explained she has the authority to approve these requests since financially the items are under the thresholds established for her. She noted, however, the amount and frequency of the requests were increasing and she did not feel comfortable approving the requests without the input of the board. She was unsure the requests were a good use of public funds. The board already had a policy of limiting the amount of non-profits that would be funded each year. Mr. Reardon explained that policy had a cap of $1,000 per year, and the items needed to be related to the CRA. The items were un budgeted items. Attorney Spillias recommended in instances of this nature whatever the monetary amount was, and even when it was within the purview of the Executive Director to approve them, the items should come to the board at least via the Consent Agenda. The money is to be spent on a public purpose. Vice Chair Norem agreed and noted board members may want to personally support the efforts also. Further discussion followed. Entities requesting funds should appear before the CRA before the budget. Rev. Chaney thought the goal and the vision should be clear and there should be guidelines to narrow the focus of the requests. Ms. Horenburger thought the bike rodeo had value in the community and suggested the CRA fund a portion of the request. Mr. Sims commented this was a successful annual program at 11 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida April 10, 2007 Galaxy Elementary School, it was a mobile bike rodeo. The trailer stayed at the school for a week, which was long enough for students to move through the curriculum. The board wanted to know what happened to the trailer used last year. Mr. Myott agreed with Ms. Horenburger and thought contributing to was appropriate. Motion Ms. Horenburger moved to approve the $3,462 toward the requested item and that it include the CRA logo on each side. Ms. Heavilin seconded the motion. Ms. Horenburger amended her motion to include also the transferring the money from the contingency account to the 200 account. Ms. Heavilin amended her motion that unanimously passed. Motion Rev Change moved to approve the Boy Scouts request for funds ($1,000). Mr. Myott seconded the motion. It was noted the Boy Scouts were honoring Mayor Taylor. Vote A vote was taken and passed 6-1, Ms. Heavilin dissenting. Rev. Chaney amended his motion to transfer the monies from the contingency account to the 200 account. Mr. Myott amended his second. Ms. Heavilin commented she had an issue with donating to every organization that approaches the CRA that had a fundraising luncheon or dinner and wants the CRA to purchase a table. She thought it was setting a bad precedent. She emphasized her comment had nothing to do with the Boy Scouts and she was not against the organization. Chair Tillman commented they would put rules in place. XIII. Comments by CRA Attorney Attorney Spillias provided an update on the Ocean Breeze contract which was scheduled to close and explained an issue surfaced when conducting due diligence. In essence, a claim was entered by a third party, Michael Puder, that he entered into an agreement with Boynton Associates, the purchaser of the property, to become a limited partner (50% share) of Boynton Associates, LP. As a part of that agreement, he would be entitled to a portion of the proceeds of any sale and he also had the authority, or the requirement that he consent to any sale of the property. He has not done so. The issue was presented to the title underwriter to determine whether or not this was a title defect or title objection that would need to be cleared to obtain a clean title insurance policy and the underwriter responded it had to be cleared. Mr. Finkelstein's position was there was no obligation to Mr. Puder, however Mr. Puder has recorded in the public records a memorandum 12 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida April 10, 2007 of his claim. A proposal was made by Mr. Finkelstein's counsel to try to set up a process to close and the monies would be put into escrow until differences could be worked out. Attorney Spillias could not advise on whether the proposal was satisfactory; however, his impression was that it probably was not. In accordance with the contract, formal notice was provided on April 9, 2007 of the title objection needing to be cured before going to closing. Thirty days was the timeframe allowed to cure the title objection. The intention would be to sit with Mr. Finkelstein and Mr. Puder and work out an arrangement so the property could be sold to the CRA. Messers. Finkelstein and Puder could still continue their dispute, but neither one could make a claim on the property. Funds needing to be escrowed could still be escrowed. Attorney Spillias indicated he was not certain that could be accomplished within the next 30 days and he noted the next board meeting was after the 30 days. Attorney Spillias requested the board, propose to Mr. Finkelstein that if he needed more than 30 days, there could be an extension that would go beyond the next board meeting, At that meeting if Attorney Spillias needed to get specific authorization on how to deal with the problem, they would have the opportunity to do so. The extension would be approximately 15- 20 days. If it was not cured to the board or the title insurances' satisfaction, the board's options would be to declare the contract void and demand a return of the deposit, or to waive the defect and close anyway. The board would be supplied with the best possible opinion as to what the risk would be to the CRA regarding the marketability of the title, in terms of claims that could be made against the property, as opposed to against Boynton Associates or Mr. Finkelstein. If the parties let the issue go the 30 days, forcing the CRA to make a choice, he requested he be given the authority to request the Chair call a special meeting to discuss the matter if there continued to be a problem. Motion Ms. Horenburger so moved. Vice Chair Norem seconded the motion. There was discussion about any evidence that may have been referenced by Mr. Puder in his memorandum. The goal was to find a way to get the CRA out of the line of litigation and receive clear title for what they offered to pay. Vote A vote was taken on the motion and unanimously passed. Mr. Myott asked how the issue would affect the RFP process. Attorney Spillias responded the date would need to be changed. He indicated procedurally, the board would need to make a motion to reconsider the date. 13 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida April 10, 2007 Motion Mr. Myott moved to reconsider the RFP. Vice Chair Norem seconded the motion. The board discussed whether they needed the motion. The earlier action on the Consent Agenda was to approve the selection committee. The motion would need to authorize staff to amend the date the RFP was due. Vice Chair Norem withdrew his second. Motion Ms. Horenburger moved to send notice to anyone who has inquired about the RFP that there is an issue about the closing of the property and they would be provided with a new RFP schedule when the problem was resolved. Attorney Spillias confirmed anyone who has directly corresponded with the CRA on the issue should receive direct notification of the change. Vote Vice Chair Norem seconded the motion that unanimously passed. XIV. Comments by CRA Board Mr. Sims noted the CRA worked diligently to keep one mission and one voice. He thought the CRA should continue to allow what was best for the community and the City to guide their thoughts, not the politics of the matter. He noted sometimes the absence of dissention could make others irritated. When the CRA members leave the meeting, there was still the solidarity of one voice and one mission. He expressed it was easy for people to nitpick the board when there are problems, particularly on the Commission. He thought it was great to see one Commissioner vote his conscience. Mr. Sims went on record he "encourages any Commissioner, including the "Mayor, if they have an issue or difference of opinion with any board members, particularly himself, to share that with him. To use the Executive Director as a means of relaying their opinions, personal opinions about board members, is immoral, unethical and cowardly. Not to have received one phone call or one invitation to sit down and talk about these differences, but to continue to utilize our Executive Director with frivolous meetings just to share these types of things is, to me, is ludicrous and I support what we have already talked about before that, We do need to look at how we are structuring her access to the Commission and seems as though that is what some of them are doing, taking advantage of just really sharing what amounts to be their political agendas and their personal opinions about board members. One day everyone is going to have to be accountable for what they say and what they do. Even our President is being held accountable for a lot of things. County Commissioners are being held accountable. House of Representatives, Senators are being held accountable, Commissioners and Board members as well. I do think that day will be coming because this is a time when we all need to work together. This is not a time where I think any group or entity is going to get a free pass to some of the things that are going on. And it calls 14 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida April 10, 2007 for us to even more, work together to settle differences and do what's right for the City and these communities and I would encourage any board member to, if you have, I have not been fortunate, but if you are fortunate to be in the presence of a Commissioner who is attacking a board member, that I would encourage you to stop that Commissioner in their tracks as which, I would do and tell them to have the courage to stand at the podium and attack us publicly, and not do it behind closed doors or using our Executive Director or one other board member to do that. And on the second note, I did speak with staff and the Executive Director about encouraging the City to get involved, because on Cherry Hill, every single family that's in a Section 8 apartment received a notice that they must vacate the premises within 90 days. This is not a surprise, but I guess when you do get that letter it's never the right time. But I do recall this is a County initiative, it's not a City. I do recall with the Boynton Terrace situation the City did an excellent job at least providing some meetings to bring County representatives into share important information on where did they go from there because your talking about not only families, you are talking about families with three, four, five children and now there are all of a sudden, there's a school issue. So we could work with the City, I mean the County and encourage them to at least put together one meeting to disseminate information to calm some of the fears. I think not only that is our responsibility, but I think that's a terrific thing to do. And also in the same effort to encourage the County to come before the Commission and the CRA board to share their plans, their concept plans for redevelopment, because I know we do not want just some modernized, some version of another low income housing area. We do, we are about workforce, and we do want a nice standard, upgraded standard of living and so it would be nice if we kind of got a sneak peak at where they are and what type of concept plans are they thinking about and what kind of time line are they putting together. So if we could encourage them to kind of work with us at least share with us what their plans are, I know that's County, but it does affect, certainly the Heart of Boynton." Ms. Heavilin thanked Mr. Sims for his comments. She spoke about the CRA adopting a lobbying Ordinance that mirrors the City Ordinance that any lobbying conducted be disclosed, or a policy to the equivalent requiring disclosure to keep the process transparent. Rev. Chaney commented if a developer comes to a board member prior to voting, they already made that disclosure. This requires signing in. Mr. Myott agreed with the comments made by Mr. Sims and thanked staff for his preagenda meeting. He announced they helped him be prepared very much for this meeting. Rev. Chaney agreed with Mr. Sims and was interested in seeing the CRA and the City utilize as many small and minority contractors as possible to send a message they are willing to work with them to develop their businesses. He acknowledged there was an annual window to submit, and he was in support of the annual window remaining open for those businesses to submit proposals or information. He expressed concern about the gang violence issue. He has not seen the City or the board addressing the issue. He was at a meeting in Lake Worth that brought in various organizations to work with youth and parents. Chair Tillman explained they called for a summit under F.S. 163. Last week they held a meeting and no elected officials showed up. Under the purview of the CRA, they can hold their own summit. This was submitted to the City Commission who did not act on it. The contacts were made and the CRA did all it could. 15 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida April 10, 2007 Rev. Chaney agreed and recognized a strong message should be sent that the matter was still an important issue. With the impending opening of Muvico, there was a greater propensity for something to occur in Boynton Beach, and there was a responsibility to address it. Rev. Chaney also spoke about the Cherry Hill residents. The original HOB plan was to move into Phase II in Cherry Hill. He thought it was important to gather as much information as possible about what would happen to those residents. He explained the residents were being displaced and the impression was the City is not welcoming low-income individuals. Ms. Horenburger announced the entrance to the CRA area was not appealing. She suggested erecting signs in the north and south side of Federal Highway and Boynton Beach Boulevard to define the CRA area. Chair Tillman explained they met with the Arts Commission liaison and identified five sites at the entrances of the CRA area. In the meanwhile, staff would provide landscaping and color scheme changes. Ms. Horenburger noted there was a legislative proposal having to do with seniors making less than $25K can get an additional $25K homestead. She thought the lobbyist should be supporting the measure. XV. Adjournment Motion There being no further business to discuss, Rev. Chaney moved to adjourn. Vice Chair Norem seconded the motion that unanimously passed. Meeting adjourned at 10: 17 p.m. QiWJJL1;W C1>>tlJ - ~kuW!M1 Catherine Cherry-Guber~an Recording Secretary 041907 16 -..............................................................r . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ................................................................ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . V. CONSENT AGENDA: A. APPROVAL OF THE MINUTES: CRA BOARD MEETING - April 10, 2007 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY MEETING HELD IN CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA ON TUESDAY, APRIL 10,2007, AT 6:30 P.M. Present: Henderson Tillman, Chair Stormet Norem, Vice Chair Rev. lance Chaney Jeanne Heavllin Marie Horenburger Steve Myott Guarn Sims Lisa Bright, Executive Director Ken Spillias, CRA Board Counsel I. Call to Order - Chairman Henderson Tillman Chair Tillman called the meeting to order at 6:33 p.m. II. Pledge to the Flag and Invocation The board recited the Pledge of Allegiance to the Flag. Rev. Chaney gave the invocation. III. Roll Call The Recording Secretary called the roll and all members were present. It was noted Mayor Taylor; Quintus Greene, Development Director; Vice Mayor Rodriguez; and Amy Dukes, Attorney with Lewis, Longman and Walker, were present. IV. Agenda Approval A. Additions, Deletions, Corrections to the Agenda · Attorney Spillias added to Item XIII, Attorney Comments, a discussion of Ocean Breeze and poSSible action by the board regarding a purchase contract. · Ms. Bright pulled Consent Agenda Items E and K. · Steve Myott pulled Consent Agenda Items G and M. · Mr. Sims pulled Consent Agenda Items D and N. B. Adoption of Agenda Motion A motion was made by Ms. Heavilin to approve the agenda with the changes. Vice Chair Norem seconded the motion that unanimously passed. 1 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida April 10, 2007 V. Consent Agenda: A. Approval CRA Board Meeting Minutes ~ March 13, 2007 B. Approval of the Financials for Period Ended - March 31, 2007 C. Budget Amended for Period Ended ~ March 31,2007 D. Consideration of Exploring Uses & Costs for 310 NE 10th Avenue E. Approval of the Rescinded DIFA for 500 Ocean Plaza F. Review of the Boynton Beach High School Booster Club G. CRA Board Packet Production list H. SS 163 Requirements for Fund Balance, Bond Proceeds & Use of Appraisals I. Approval of Ocean Breeze RFP Selection Committee J. Approval of Commercial Fa~ade Grant-Anne Marie Motel NTE $15,000 K. Approval of Marina Leases L. Request for Proposals for Vacant land Described as Cherry Hills, Boynton Lots 390 and 391 - Pulled M. Cornerstone Request for the Preserve N. MLK Corridor Update VI. Public Comments Chair Tillman opened the floor for public comments. No one coming forward, Chair Tillman closed the floor to public comments. VII. Public Hearing Attorney Spillias announced the Land Development Regulation Rewrite did not require quasi- judicial procedures. Old Business: None New Business: A. Land Development Regulations Rewrite Code Review 1. Project: land Development Regulations Rewrite (CDRV 07-004) Definitions and project update. City- Initiated Request to amend a portion of the Land Development Regulations (LDR) Part III, Chapter 1, Article II. Definitions to provide a first set of revisions based on updated uses, new or proposed sections, and consolidation of definitions currently provided within individual chapters as part of the LDR rewrite project. Agent: Description: 2 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida April 10, 2007 Ed Breese, Principal Planner, presented the rewrite of the Land Development Regulations (LDR) and explained the changes. A PowerPoint presentation was made, a copy of which is available in the City Clerk's Office. The changes discussed were contained in the Department of Development Planning and Zoning Memorandum dated March 28, 2007, also available in the City Clerk's office. Ms. Horenburger asked about supplemental regulations. Mr. Breese responded tho~ would come later in the process and dealt with more than one section for the Code. Ms. Horenburger noted the cross-referencing with the supplemental regulations had been an issue in the past. She hoped there would be a strong effort to consolidate them and have a mechanism for achieving easier cross-references. Ms. Heavilin complimented staff. She thought the definitions were clear and understandable. Mr. Breese responded the changes were a concerted staff effort. Motion Ms. Heavilin moved to approve the land Development Regulation Rewrite. Mr. Myott seconded the motion that unanimously passed. VIII. Pulled Consent Agenda Items: Item D - Consideration of Exploring Uses & Costs for 310 NE 10th Avenue Mr. Sims announced he liked the idea of a CRA and City satellite office for joint usage. He requested the concept be explored further. Lisa Bright, Executive Director, the CRA could take a look to see how much it might cost the CRA to renovate the building. The item was brought forward for informational purposes as it pertained to the budget. She explained staff would provide information on the item to the board at another time. Motion Mr. Myott moved to approve the request. Vice Chair Norem seconded the motion that unanimously passed. Item E. Approval of the Rescinded DIFA for 500 Ocean Plaza Ms. Bright explained she pulled this item and that staff was recommending approval to rescind the $2M up-front Direct Incentive Funding Agreement. The funds would revert back to the General Fund for use on another project. Motion Vice Chair Norem moved approval of the request. Ms. Horenburger seconded the motion that unanimously passed. . 3 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida April 10, 2007 Item G. CRA Board Packet Production List Mr. Myott suggested putting the documents into a PDF format and emailing it to save on printing and courier costs. Ms. Bright indicated that was being considered. Posting the information on the website was discussed. The new website would be launched next week and the information could be posted in-house by staff. Individuals would then be able to print materials as needed. Ms. Bright noted there was no action needed. The item was presented for informational purposes only. Item K. Approval of Marina Leases Ms. Bright explained the only reason she pulled this item was because the recommendation was not included on the agenda item staff report. Ms. Bright recommended approval. Motion Mr. Myott moved to approve the request. Ms. Heavilin seconded the motion that unanimously passed. M. Cornerstone Request for the Preserve Mr. Myott noted the staff recommendation was to deny the request. Mr. Myott asked for additional information. Ms. Bright explained this project was immensely successful. The cost associated with the project was close to $2.5M, which draws down the bond. She did not think the CRA was finandally prepared for that; they were finding many developers were requesting assistance. " This was the second request from the developer because of the huge success and need for workforce housing. Mr. Myott thought blending the incomes within the project and doing so in other areas of the CRA would be beneficial. He supported staff's recommendation to not approve the request at this time. Motion Mr. Myott moved to approve staff's recommendation and not approve the request. Vice Chair Norem seconded the motion that unanimously passed. N. MLK Corridor Update Mr. Sims asked whether the Development Agreement and/or the Tripartite Agreement established a deadline date for the agreement to be signed and delivered. Ms. Bright reported she was not aware of a Development Agreement being signed. Mr. Sims also asked about the Joint Partnership Agreement being signed. Ms. Bright reported this matter would be discussed next Tuesday. The September date .requested by Vice Mayor Rodriguez was an extension for 4 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida April 10, 2007 acquisition of Phase I properties. There was still no definitive time frame and seven weeks had elapsed since the special negotiation meeting with the parties on February 16, 2007. Mr. Sims asked about the Joint Partnership Agreement. Attorney Spillias explained there was a Joint Venture Agreement with Intown and McCormack Baron Salazar but it only addressed the preplanning development aspects of the endeavor. Attorney Splllias read the purpose section of the document, which specified it was a pre-development agreement and may conte~plate a separate partnership for the actual development. Mr. Sims was concerned about the current property owners waiting to sell their property. He understood the CRA made a commitment to refer sellers to Intown. Mr. Sims was not sure that was in the best interest of the City and CRA specifically, when property owners indicated they would not sell to Intown. The purpose of acquiring the property was for redevelopment and ultimately, transference to the master developer. He thought by waiting, a situation was being created that when the time was right to make purchases they would be unable to do so because they did not have a living document. He wanted to explore the issue again. There were opportunities to move forward, and he noted property owners were approaching the CRA wanting to sell their property on Martin Luther King Boulevard. Mr. Sims thought the issue was open ended and someone or something needed to convince all it was time to move on. The board discussed Mr. Sims comments. Chair Tillman indicated the board supported his comments and took the matter very seriously, but the situation had to play out. Ms. Horenburger inquired if the CRA was legally able to establish their own deadline for the negotiations. Attorney Spillias explained the RFP was initiated and approved by the CRA. The original motion was to negotiate a Master Development Agreement with Intown and if an agreement could not be reached, they could move to the next entity. Ms. Horenburger also discussed the timing could work out favorably. The Treasure Coast Study outlining what could reasonably be expected for development on the MLK corridor was due in May. Motion Ms. Horenburger moved the board determined the negotiations would be considered concluded, one way or another, by the June 12, 2007 meeting. Attorney Spillias recommended making the motion automatic. Ms. Horenburger indicated her intent was it would be automatic Vice Chair Norem seconded the motion. Mr. Myott thought the date was too soon. He explained Mr. Bressner was looking to determine how much money was needed from the City for the developer to do the development. He thought it would take a few months. Additionally, he did not know if the developer would support the CRA acquiring land and giving it to the City to hold. Ms. Horenburger clarified the reason for her motion was because they still did not have the financial or partnersQip agreement, which they had asked for more than six months ago. She 5 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida April 10,2007 felt her motion allowed for the Treasure Coast Study to be issued and studied. She elaborated the study may indicate more analysis was needed. Ms. Bright added at the February 16, 2007 negotiating session, both Samantha Simon of Intown and Richard Baron, of McCormack Baron Salazar, indicated they needed three weeks to determine what their funding needs would be. Since that time, the CRA and the City worked diligently to determine the expectation of the development costs, which showed about.$110M. She explained the CRA had received a call last week from the principal about land development regulation changes. Mr. Bressner was working on the Item and that was why it was on the agenda. Rev. Chaney thought the arrangement should be terminated. He indicated with the City as a partner, a request should be submitted to them to consider a deadline. Ms. Horenburger changed her motion. The Chair acknowledged part of the blame went to the CRA for not setting a deadline and sticking to it. Motion Ms. Horenburger amended her motion to be a request to the City Commission to consider a deadline of June 12, 2007, two CRA meetings from now with the other original language. Vice Chair Norem agreed to amend his second. Mr. Sims thought there should be a strong statement from the board that this was what the board needed and wanted. Ms. Heavilin agreed it was important to ensure the City Commission knew the CRA needed to move on. The Chair should make a presentation, the Vice Chair or the Executive Director as well, and the board should attend the meeting in a show of support for the measure. The board requested to hear comments from Intown. Intown was not present. ~ A vote was taken on the motion that passed 6-1, (Mr. Myatt dissenting). A further discussion about policies and the CRA mandate ensued, and more specifically, about the ability of the CRA to move forward to purchase property on the MLK Corridor. Motion Ms. Horenburger moved to change the CRA stated policy and allow staff to examine the potential purchases along the defined MlK corridor. Rev. Chaney seconded the motion. Ms. Bright announced she had at least seven phone calls over the past two weeks from individuals wanting to negotiate with the CRA' She indicated there were interested parties. 6 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida April 10,2007 Ms. Horenburger clarified and emphasized the intent of her motion was to proceed with the acquisition in the corridor as it was the CRA's responsibility. Vote A vote was taken on the motion and unanimously passed. IX. Old Business A. Approval of a Transit Study Contract between CRA and PBS&J. (Chair Tillman passed the gavel to Vice Chair Norem and left the dais at 7:28 p.m.) Vivian Brooks, Planning Director, explained the County requires a transit study and this item related to a Transportation Concurrency Exception Area (TCEA) overlay area in the downtown. The contract would allow the study to be conducted and completed within six months. The report would then be forwarded to the County so they would be compliant with the TCEA standards. Motion Ms. Heavilin moved to approve. Ms. Horenburger seconded the motion. The County's letter was unclear on whether the CRA would need to go back and revisit the transit plan, contingent on the amount of development that occurs. Currently, there was not enough development to create an impact, but the County still wanted the study. An hourly rate was attached to the contract in case the issue needed to be revisited. ~ There was a vote on the motion that passed 6-0 (Chair Tillman not present for the vote). B. Approval of Recommended General Contracting Firms to Negotiate a Continuing Contract. Ms. Brooks announced they received 11 responses to their solicitations. There was work that could be done on the marina and it was time consuming to go out to bid each time. The CRA needed contractors to oversee different specialties and was seeking to enter into a one-year contract with three firms to be used on a rotating basis with the ability of renegotiating an additional four years. They learned, with Burkhardt Construction, that doing so was an expensive process. The CRA was considering several projects for the area, which predicated the need for the other contractors. Chair Tillman returned to the dais at 7:30 p.m. 7 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida April 10, 2007 Ms. Brooks reviewed Hedrick Brothers Construction had historic experience and were Leadership in Energy and Environmental Design (LEEDS) Certified, and Kaufman and Lynn, Inc. had municipal experience. Motion Vice Chair Norem moved to approve. Ms. Heavilin seconded the motion. Rev. Chaney asked if smaller, minority contractors were considered. Ms. Brooks responded one minority contractor applied and the information was included in the RFP as part of the criteria to use local labor. Mr. Sims agreed with Rev. Chaney and thought minority contractors should be used when possible. Ms. Bright explained the renewal would be automatic provided there were no performance issues. Chair Tillman did not want the renewals to be automatic. He thought without minority participation there would be bad feelings. Dale Hedrick, Hedrick Brothers Construction, addressed the board and indicated he had minorities on board and throughout his company. He had worked for the school board, which required minority participation and had Milton Grey, who uses several minority subs. He reported they met all of the minority requirements. Ms. Lisa King, of Kaufman Lynn, Inc. highlighted her firms minority participation. They made it a pOint to use local subcontractors and met all of the minority requirements. ~ Motion unanimously passed. C. Presentations and Selection by Top Three Proposers for the Downtown Master Plan Visioning & Implementation Ms. Brooks reported she had received 19 proposals. A committee comprised of Mathew Barnes, Planner for Charlie Siemen in Boca Raton; Quintus Greene, Development Director; Mike Rumpf, Planning Director; Melissa Hudson of Lennar Homes and herself reviewed the proposals. Three firms were short-listed for consideration. They were EDAW Inc, Peter Smith & Company and Torti Gallas. Ellen Heath, Principal with EDAW made the first presentation. She explained the firm was an international firm with extensive experience and colleagues based in Florida. Ms. Heath introduced her team and reviewed her presentation, which is on file in the City Clerk's Office. Ms. Heath indicated they were looking to build on the vision for the downtown area. She noted market reality was an important part of the project, as was appropriate density. Ms. Heath explained the firm would work in a partnership arrangement with the CRA and communication wa~ the key. She emphasized the firm used many different techniques 8 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida April 10, 2007 including a public involvement plan of stakeholder identification and interviews, potential steering committee, and a visioning charrette with hands-on interactive sessions. They also held community framework planning workshops, which was a refinement of master plan alternatives, held open houses for presentation of concepts and established a website. EDAW utilized a market analysis approach to create the economic framework. Tom WObash, Principal with Economic Research Associates (ERA) in Washingtol), D.C., disclosed his firm was retained by the Treasure Coast Regional Planning Council to review Intown's plan. The market analysis and demographic forecasts would be presented on May 8th. A financial analysis would be forthcoming on June 12th. He recommended the master plan, and other projects in the CRA area be reviewed to determine their financial feasibility. That would encompass preparing a TIF analysis and understanding what the bonding capacity would be. This also correlated to specific implementation strategies and how the City and CRA could participate in specific projects. Donald Shocke, EDAW Miami Office, discussed visualization methods such as three- dimensional diagrams, GIS analysis and land use maps, character preference boards and rapid audience support. He gave a demonstration of the tool and interactive charrettes that would be used. Mr. Shocke noted community ideas shaped the project. Peter J. Smith, made his presentation and explained his firm was a multidisciplinary firm specializing in urban design and writing zoning with design bases encoded in municipal law. He reviewed the work hiS firm had done in other municipalities and about linking, build out and greening of the project. Mr. Paul explained they recently completed a water front project for Lauderdale by the Sea. He explained the firm focuses on creative solutions to problems and enhancing design characters. The firm also likes to use green design. Urban design and the importance of determining the right anchors was also discussed. The firm canvases the area and speaks with residents, employers and others to build a community that all would support. Focus groups, surveys and interviews were some of the methodologies used. Materials are submitted in advance to the board for review. An implementation matrix would be provided discussing all approaches and how they would be implemented. The firm does not use voice mail and specialized with working within municipalities. Robert Goodill of Torti Gallas and Partners made a presentation and announced they were the architect and planners for Intown. Mr. Goodill presented the team and reviewed the projects the firm completed. (Ms. Heavi!in !eft the dais at 8:40 pm.) (Wee Chair Norem !eft the dais at 8:42 pm.) Mr. Goodill reviewed the methodology used would be a public process. He reviewed the data intake, the collection process and other community input procedures. He advised he understood the HOB Plan as part. of the intake process and the importance of having stakeholders participate. . . 9 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida April 10, 2007 The charrette would be a week-long process with a series of workshop meetings to garner input and feedback. A preliminary plan would be developed by the end of the week. Architects would bring their concepts to the charrette and design flexible and specific features to accommodate the various concerns raised. (Ms. Heavilin returned to the dais at 8:42 pm.) Visualization tools would include hand drawn depictions and other techniques including before and after streetscape perspectives. Post charrette activities would include a vision statement with a graphic and specific proposal. A market analysis, design code and schedule of priorities would be completed. Mr. Goodill provided an example of the town papers his firm created to convey information to the public. (Wee Chair Norem returned to the dais at 8:44 pm.) Mr. Goodill read the timeline for different tasks, such as market studies and others, in order for the project to be completed. Mr. Myott complimented him on his work. Vice Mayor Rodriguez was in attendance and asked whether there was a downtown Master Plan. Chair Tillman and Ms. Brooks explained there were a number of plans but none were formally adopted and there was no comprehensive plan that addressed the area in a comprehensive way. The Federal Corridor Highway Plan was adopted and updated to be commensurate with the market. Chair Tillman thanked all the participants and explained the rating procedure. He explained the rationale for his thoughts and announced he liked EDAW the best. (Chair Tillman passed the gavel to Viee Chair Norem and left the dais at 9:19 pm) Mr. Sims thanked staff for the worksheet to rank the firms. He agreed with Chair Tillman and selected EDAW. Ms. Heavilin liked all the proposers but was most impressed with, and selected Peter J. Smith. Mr. Myott thought Torti Gallas was outstanding, but selected EDAW. Vice Chair Norem, Rev. Chaney and Ms. Horenburger all liked EDAW the best. Motlol) Vice Chair Norem moved to go with EDAW. unanimously passed. Rev. Chaney seconded the motion that 10 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida April 10, 2007 Motion Mr. Myott moved the CRA prepare something in recognition of the selection committee. Ms. Heavilin seconded the motion that unanimously passed. X. New Business A. Discussion and Approval of FY 2005~2006 Audited Financial Statements Mr. Reardon announced this item was for informational purposes only and it was his error the item was listed as an approval item. He reported an audit was conducted and came back without any findings. XI. Comments by Staff XII. Comments by Executive Director Ms. Bright announced the CRA office would be closed on Thursday morning to attend services for Phyllis Zitcer's husband, who unexpectedly passed away. Ms. Bright requested guidance on two items. The Boy Scouts of America was requesting financial support and requested the CRA purchase a table for a youth involvement activity. The item would cost about $2,500. Additionally, the Police Department Community Action Team was requesting support for its Bike Rodeo by soliciting a donation to purchase a trailer. The cost associated with the request was approximately $3,500. Ms. Bright explained she has the authority to approve these requests since financially the items are under the thresholds established for her. She noted, however, the amount and frequency of the requests were increasing and she did not feel comfortable approving the requests without the input of the board. She was unsure the requests were a good use of public funds. The board already had a policy of limiting the amount of non-profits that would be funded each year. Mr. Reardon explained that policy had a cap of $1,000 per year, and the items needed to be related to the CRA. The items were unbudgeted items. Attorney Spillias recommended in instances of this nature whatever the monetary amount was, and even when it was within the purview of the Executive Director to approve them, the items should come to the board at least via the Consent Agenda. The money is to be spent on a public purpose. Vice Chair Norem agreed and noted board members may want to personally support the efforts also. Further discussion followed. Entities requesting funds should appear before the CRA before the budget. Rev. Chaney thought the goal and the vision should be clear and there should be guidelines to narrow the focus of the requests. Ms. Horenburger thought the bike rodeo had value in the community and suggested the CRA fund a portion of the request. Mr. Sims commented this was a successful annual program at . 11 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida April 10, 2007 Galaxy Elementary School, it was a mobile bike rodeo. The trailer stayed at the school for a week, which was long enough for students to move through the curriculum. The board wanted to know what happened to the trailer used last year. Mr. Myott agreed with Ms. Horenburger and thought contributing to was appropriate. Motion Ms. Horenburger moved to approve the $3,462 toward the requested item and that it include the CRA logo on each side. Ms. Heavilin seconded the motion. Ms. Horenburger amended her motion to include also the transferring the money from the contingency account to the 200 account. Ms. Heavilin amended her motion that unanimously passed. Motion Rev Change moved to approve the Boy Scouts request for funds ($1,000). Mr. Myott seconded the motion. It was noted the Boy Scouts were honoring Mayor Taylor. ~ A vote was taken and passed 6-1, Ms. Heavilin dissenting. Rev. Chaney amended his motion to transfer the monies from the contingency account to the 200 account. Mr. Myott amended his second. Ms. Heavilin commented she had an issue with donating to every organization that approaches the CRA that had a fundraising luncheon or dinner and wants the CRA to purchase a table. She thought it was setting a bad precedent. She emphasized her comment had nothing to do with the Boy Scouts and she was not against the organization. Chair Tillman commented they would put rules in place. XIII. Comments by CRA Attorney Attorney Spillias provided an update on the Ocean Breeze contract which was scheduled to close and explained an issue surfaced when conducting due diligence. In essence, a claim was entered by a third party, Michael Puder, that he entered into an agreement with Boynton Associates, the purchaser of the property, to become a limited partner (50% share) of Boynton Associates, LP. As a part of that agreement, he would be entitled to a portion of the proceeds of any sale and he also had the authority, or the requirement that he consent to any sale of the property. He has not done so. The issue was presented to the title underwriter to determine whether or not this was a title defect or title objection that would need to be cleared to obtain a clean title insurance policy and the underwriter responded it had to be cleared. Mr. Finkelstein's position was there was no obligation to Mr. Puder, however Mr. Puder has recorded in the public records a memorandum , 12 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida April 10,2007 of his claim. A proposal was made by Mr. Finkelstein's counsel to try to set up a process to close and the monies would be put into escrow until differences could be worked out. Attorney Spillias could not advise on whether the proposal was satisfactory; however, his impression was that it probably was not. In accordance with the contract, formal notice was provided on April 9, 2007 of the title objection needing to be cured before going to closing. Thirty days was the timeframe .allowed to cure the title objection. The intention would be to sit with Mr. Finkelstein and Mr. Puder and work out an arrangement so the property could be sold to the CRA. Messers. Finkelstein and Puder could still continue their dispute, but neither one could make a claim on the property. Funds needing to be escrowed could still be escrowed. Attorney Spillias indicated he was not certain that could be accomplished within the next 30 days and he noted the next board meeting was after the 30 days. Attorney Spillias requested the board, propose to Mr. Finkelstein that if he needed more than 30 days, there could be an extension that would go beyond the next board meeting, At that meeting if Attorney Spillias needed to get specific authorization on how to deal with the problem, they would have the opportunity to do so. The extension would be approximately 15- 20 days. If it was not cured to the board or the title insurances' satisfaction, the board's options would be to declare the contract void and demand a return of the deposit, or to waive the defect and close anyway. The board would be supplied with the best possible opinion as to what the risk would be to the CRA regarding the marketability of the title, in terms of claims that could be made against the property, as opposed to against Boynton Associates or Mr. Finkelstei n. If the parties let the issue go the 30 days, forcing the CRA to make a choice, he requested he be given the authority to request the Chair call a special meeting to discuss the matter if there continued to be a problem. Motion Ms. Horenburger so moved. Vice Chair Norem seconded the motion. There was discussion about any evidence that may have been referenced by Mr. Puder in his memorandum. The goal was to find a way to get the CRA out of the line of litigation and receive clear title for what they offered to pay. ~ A vote was taken on the motion and unanimously passed. Mr. Myott asked how the issue would affect the RFP process. Attorney Spillias responded the date would need to be changed. He indicated procedurally, the board would need to make a motion to reconsider the date. 13 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida April 10, 2007 Motion Mr. Myott moved to reconsider the RFP. Vice Chair Norem seconded the motion. The board discussed whether they needed the motion. The earlier action on the Consent Agenda was to approve the selection committee. The motion would need to authorize staff to amend the date the RFP was due. Vice Chair Norem withdrew his second. Motion Ms. Horenburger moved to send notice to anyone who has inquired about the RFP that there is an issue about the closing of the property and they would be provided with a new RFP schedule when the problem was resolved. Attorney Spillias confirmed anyone who has directly corresponded with the CRA on the issue should receive direct notification of the change. ~ Vice Chair Norem seconded the motion that unanimously passed. XIV. Comments by CRA Board Mr. Sims noted the CRA worked diligently to keep one mission and one voice. He thought the CRA should continue to allow what was best for the community and the City to guide their thoughts, not the politics of the matter. He noted sometimes the absence of dissention could make others irritated. When the CRA members leave the meeting, there was still the solidarity of one voice and one mission. He expressed it was easy for people to nitpick the board when there are problems, particularly on the Commission. He thought it was great to see one Commissioner vote his conscience. Mr. Sims went on record he "encourages any Commissioner, including the "Mayor, if they have an issue or difference of opinion with any board members, particularly himself, to share that with him. To use the Executive Director as a means of relaying their opinions, personal opinions about board members, is immoral, unethical and cowardly. Not to have received one phone call or one invitation to sit down and talk about these differences, but to continue to utilize our Executive Director with frivolous meetings just to share these types of things is, to me, is ludicrous and I support what we have already talked about before that, We do need to look at how we are structuring her access to the Commission and seems as though that is what some of them are doing, taking advantage of just really sharing what amounts to be their political agendas and their personal opinions about board members. One day everyone is going to have to be accountable for what they say and what they do. Even our President is being held accountable for a lot of things. County Commissioners are being held accountable. House of Representatives, Senators are being held accountable, Commissioners and Board members as well. I do think that day will be coming because this is a time when we all need to work together. This is not a time where I think any group or entity is going to get a free pass to some of the things that are going on. And it calls r 14 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida April 10, 2007 for us to even more, work together to settle differences and do what's right for the City and these communities and I would encourage any board member to, if you have, I have not been fortunate, but if you are fortunate to be in the presence of a Commissioner who is attacking a board member, that I would encourage you to stop that Commissioner in their tracks as which, I would do and tell them to have the courage to stand at the podium and attack us publicly, and not do it behind closed doors or using our Executive Director or one other board member to do that. And on the second note, I did speak with staff and the Executive Director about encouraging the City to get involved, because on Cherry Hill, every single family that's in a Section 8 apartment received a notice that they must vacate the premises within 90 days. This is not a surprise, but I guess when you do get that letter it's never the right time. But I do recall this is a County initiative, it's not a City. I do recall with the Boynton Terrace situation the City did an excellent job at least providing some meetings to bring County representatives into share important information on where did they go from there because your talking about not only families, you are talking about families with three, four, five children and now there are all of a sudden, there's a school issue. So we could work with the City, I mean the County and encourage them to at least put together one meeting to disseminate infonnation to calm some of the fears. I think not only that is our responsibility, but I think that's a terrific thing to do. And also in the same effort to encourage the County to come before the Commission and the CRA board to share their plans, their concept plans for redevelopment, because I know we do not want just some modernized, some version of another low income housing area. We do, we are about workforce, and we do want a nice standard, upgraded standard of living and so it would be nice if we kind of got a sneak peak at where they are and what type of concept plans are they thinking about and what kind of time line are they putting together. So if we could encourage them to kind of work with us at least share with us what their plans are, I know that's County, but it does affect, certainly the Heart of Boynton." Ms. Heavilin thanked Mr. Sims for his comments. She spoke about the CRA adopting a lobbying Ordinance that mirrors the City Ordinance that any lobbying conducted be disclosed, or a policy to the eqUivalent requiring disclosure to keep the process transparent. Rev. Chaney commented if a developer comes to a board member prior to voting, they already made that disclosure. This requires signing in. Mr. Myott agreed with the comments made by Mr. Sims and thanked staff for his preagenda meeting. He announced they helped him be prepared very much for this meeting. Rev. Chaney agreed with Mr. Sims and was interested in seeing the CRA and the City utilize as many small and minority contractors as possible to send a message they are willing to work with them to develop their businesses. He acknowledged there was an annual window to submit, and he was in support of the annual window remaining open for those businesses to submit proposals or information. He expressed concern about the gang violence issue. He has not seen the City or the board addressing the issue. He was at a meeting in Lake Worth that brought in various organizations to work with youth and parents. Chair Tillman explained they called for a summit under F.S. 163. last week they held a meeting and no elected officials showed up. Under the purview of the CRA, they can hold their own summit. This was submitted to the City Commission who did not act on it. The contacts were made and the CRA did all it could. 15 Meeting Minutes Community Redevelopment Agency '::ynton Beach, Florida April 10, 2007 Rev. Chaney agreed and recognized a strong message should be sent that the matter was still an important issue. With the impending opening of Muvico, there was a greater propensity for something to occur in Boynton Beach, and there was a responsibility to address it. Rev. Chaney also spoke about the Cherry Hill residents. The original HOB plan was to move into Phase II in Cherry Hill. He thought it was important to gather as much information as possible about what would happen to those residents. He explained the residents were being displaced and the impression was the City is not welcoming low-income individuals. Ms. Horenburger announced the entrance to the CRA area was not appealing. She suggested erecting signs in the north and south side of Federal Highway and Boynton Beach Boulevard to define the CRA area. Chair Tillman explained they met with the Arts Commission liaison and identified five sites at the entrances of the CRA area. In the meanwhile, staff would provide landscaping and color scheme changes. Ms. Horenburger noted there was a legislative proposal having to do with seniors making less than $25K can get an additional $25K homestead. She thought the lobbyist should be supporting the measure. XV. Adjournment Motion There being no further business to discuss, Rev. Chaney moved to adjourn. Vice Chair Norem seconded the motion that unanimously passed. Meeting adjourned at 10: 17 p.m. Q/lUvUi1t2 0Jw,J,/ - ~~YYM1 Catherine cherry-Guber~an Recording Secretary 041907 16 -..............................................................r . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ................................................................ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . v. CONSENT AGENDA: B. Approval of the Monthly Financial Report and Budget Amendment: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - ~~~~Y~T8~ eRA _ East Side-West Side-Seaside Renaissance BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: MAY 08,2007 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 April 30, 2007. FISCAL IMPACT: As of April 30, 2007 the CRA had received 98.29 % of expected revenue and expended 29.52% of its appropriations for fiscal 2006-2007. The end of April represents the seventh fiscal month. There are five (5) months remaining in this fiscal year RECOMMENDATIONS: NA T:\AGENDAS. CONSENT AGENDAS. 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I-' ~~ 0"1 CD 0 I\) I-' I-' "'" I-' U1 "'" I-' nPJ ...... 0 PJ~ ...... 0 tl ...... 0 ~ ~ ~~ ~~ ~; !g* ~ ~ ~ ~ ~~ ~ 111 ......0"10 0 00"1 I\) 0 0"1 10 . :""~??? . ?~?~???~ zoo HPJ"j CD CDWOOO OWOCDOOOO Zl.;) I-' W O"IW 01-' 0 Ol-'............OOOCD 0 0 I 4-24-2007 10:00 AM 01 -GENERAL FUND BUILDINGS & PROPERTY DEPARTMENTAL EXPENDITURES PURCHASED/CONTRACT SERV 01-51620-200 CONTRACTUAL EXPENSE 01-51620-205 RENTAL OF OFFICES 01-51620-206 MAINTENENCE & CLEANING 01-51620-207 OFFICE SPACE CHARGES 01-51620-208 EQUIPMENT LEASES 01-51620-209 ~ROPERTY MAINTENENCE COST TOTAL PURCHASED/CONTRACT SERV SUPPLIES 01-~1620-315 POSTAGE COSTS 01-51620-325 ELECTRICITY COSTS 01-51620-326 WATER CHARGES TOTAL SUPPLIES CAPITAL OUTLAY 01-b1620-400 EQUIPMENT COSTS TOTAL CAPITAL OUTLAY DEPRECIATION & AMORT 01-b1620-600 DEPREACTION EXPENSE TOTAL DEPRECIATION & AMORT TOTAL BUILDINGS & PROPERTY ORIGINAL BUDGET 2,000 48,229 5,400 3,700 11,616 150,000 220,945 2,000 10,000 8,000 20,000 5,000 5,000 245,945 BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: APRIL 30TH, 2007 o o AMENDED BUDGET 2,000 48,400 13,280 10,029 13,827 162,000 249,536 2,000 10,000 8,000 20,000 4,789 4,789 o o 274,325 MONTHLY ACTIVITY 122.00 4,000.00 690.00 633.76 977.46 600.00 7,023.22 0.00 427.28 0.00 427.28 0.00 0.00 0.00 0.00 7,450.50 YEAR-TO-DATE BALANCE 1,052.00 28,000.00 4,930.00 5,321.18 7;116.36 66,304.82 112,724.36 779.01 2,455.30 1,816.17 5,050.48 997.35 997.35 0.00 0.00 118,772.19 TOTAL ENCUMBERED 268.00 20,000.00 3,350.00 3,115.54 5,261.00 89,794.13 121,788.67 498.97 7,544.70 6,183.83 14,227.50 0.00 0.00 0.00 0.00 136,016.17 UNENCUMBERED BALANCE 680.00 400.00 5,000.00 1,592.28 1,449.64 5,901. 05 15,022.97 722.02 0.00 0.00 722.02 3,791. 65 3, 791. 65 0.00 0.00 19,536.64 PAGE: 11 % OF BUDGET REMAINING 34.00 0.83 37.65 15.88 10.48 3.64 6.02 36.10 0.00 0.00 3.61 79.17 79.17 0.00 0.00 7.12 4-24-2007 10:00 AM 01 -GENERAL FUND MARINA DEPARTMENTAL EXPENDITURES PURCHASED/CONTRACT SERV 01-51630 200 CONTRACTUAL 01-51630-206 MAINTENANCE 01-51630-209 PROPERTY MAINTENENCE 01-51630-241 MARINA FUEL MANAGEMENT 01-51630-242 MARINE FUEL STATION OVERH TOTAL PURC~SED/CONTRACT SERV SUPPLIES 01-51630-325 ELECTRIC COSTS 01-51630-326 WATER COSTS 01-51630-327 GASOLINE & DEISEL FUEL PU 01-51630-328 MARINA DIESEL SALES TAX TOTAL SUPPLIES CAPITAL OUTLAY 01 ~1630-400 EQUIPMENT COCTS TOTAL CAPITAL OUTLAY TOTAL MARINA ORIGINAL BUDGET 10,000 1,000 15,000 o o 26,000 6,000 2,000 o o 8,000 5,000 5,000 39,000 BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: APRIL 30TH, 2007 AMENDED BUDGET 9,200 1,000 15,000 o o 25,200 8,800 2,000 200,000 3,000 213,800 5,000 5,000 244,000 MONTHLY ACTIVITY 0.00 0.00 800.00 9,658.33 2,702.94 13, 161. 27 807.80 0.00 64,557.53 1,582.19 66,947.52 0.00 0.00 80,108.79 YEAR-TO-DATE BALANCE 741.01 6,850.00 19,200.00 31,155.90 5,763.26 63, 110.17 5,095.32 555.02 190,141.56 2,535.72 198,327.62 0.00 0.00 262,037.79 TOTAL ENCUMBERED 0.00 0.00 4,500.00 0.00 0.00 4,500.00 3,064.94 1,444.98 0.00 0.00 4,509.92 0.00 0.00 9,009.92 PAGE: 12 % OF UNENCUMBERED BUDGET BALANCE REMAINING 8,458.99 5,850.00) 8,700.00) 31,155.90) 5,763.26) 43,010.17) 639.74 0.00 9,858.44 464.28 10,962.46 5,000.00 5,000.00 27,047.71) 91.95 585.00- 58.00- 0.00 0.00 170.68- 7.27 0.00 4.93 15.48 5.13 100.00 100.00 11. 09- 4-24-2007 10:00 AM 01 -GENERAL FUND COMMUNICATIONS & TECHNOLO DEPARTMENTAL EXPENDITURES PURCHASED/CONTRACT SERV 01-51650-200 CONTRACTUAL EXPENSE TOTAL PURCHASED/CONTRACT SERV SUPPLIES 01-51650-330 TELEPHONE LINES 01-51650-335 ~-1 COMMUNICATION LINE 01-51650-340 CELLULAR PHONES 01-51650-345 WEB SITE 01-51650-350 WI-FI ANNUAL COST TOTAL SUPPLIES CAPITAL OUTLAY 01-51650-400 EQUIPMENT COSTS TOTAL CAPITAL OUTLAY TOTAL COMMUNICATIONS & TECHNOLO ORIGINAL BUDGET 7,500 1,500 3,504 25,400 44,000 81,904 1,000 1,000 83,404 BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: APRIL 30TH, 2007 AMENDED BUDGET 500 bOO 930 930 7,500 1,500 6,511 25,400 40,993 1:11,904 570 570 83,404 MONTHLY ACTIVITY 0.00 0.00 0.00 0.00 545.79 0.00 3,079.79 3,625.58 0.00 0.00 3,625.58 YEAR-TO-DATE BALANCE 930.00 930.00 1,633.59 528.61 3,107.62 670.00 4,843.54 10, 11:13. 36 0.00 0.00 11,713.36 TOTAL ENCUMBERED 0.00 0.00 4,366.41 971.39 3,403.03 24,730.00 600.00 34,0/0.83 0.00 0.00 34,070.83 UNENCUMBERED BALANCE 0.00 0.00 1,500.00 0.00 0.35 0.00 35,549.46 37,049.81 570.00 b70.00 37,619.81 PAGE: 13 % OF BUDGET REMAINING 0.00 0.00 20.00 0.00 0.01 0.00 86.72 45.24 100.00 100.00 45.11 4-24-2007 10:00 AM BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: APRIL 30TH, 2007 PAGE: 14 01 -GENERAL FUND SOFTWARE & TECHNOLOGY DEPARTMENTAL EXPENDITURES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE % OF TOTAL UNENCUMBERED BUDGET ENCUMBERED BALANCE REMAINING PURCHASED/CONTRACT SERV 01-51680-200 CONTRACTUAL EXPENSE 1,200 1,200 39.90 1,039.90 0.00 160.10 13.34 01-51680-210 IT SUPPORT 18,540 18,540 0.00 10,500.00 8,040.00 0.00 0.00 01-51680-211 COMPUTER SOFTWARE LICENSE 5,000 5,000 0.00 0.00 0.00 5,000.00 100.00 01-51680-212 ACCOUNTING LIC & SUPPORT 4,337 4,337 0.00 0.00 0.00 4,337.00 100.00 TOTAL PURCHASED/CONTRACT SERV 29,077 29,077 39.90 11, 539. 90 8,040.00 9,497.10 32.66 CAPITAL OUTLAY 01-b1680-400 EQUIPMENT COSTS 1,000 1,000 818.26 818.26 0.00 181.74 18.17 TOTAL CAPITAL OUTLAY 1,000 1,000 818.26 818.26 0.00 181.74 18.17 DEPRECIATION & AMORT 01-b1680-610 DEPRECIATION 0 0 0.00 0.00 0.00 0.00 0.00 TOTAL DEPRECIATION & AMORT 0 0 0.00 0.00 0.00 0.00 0.00 TOTAL SOFTWARE & TECHNOLOGY 30,077 30,077 858.16 12,358.16 8,040.00 9,678.84 32.18 4-24-2007 10:00 AM BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: APRIL 30TH, 2007 PAGE: 15 01 -GENERAL FUND CONTINGENCY DEPARTMENTAL EXPENDITURES ORIGINAL BUDGET AMENDED BUDGET MONTHLY YEAR-TO-DATE ACTIVITY BALANCE % OF TOTAL UNENCUMBERED BUDGET ENCUMBERED BALANCE REMAINING PURCHASED/CONTRACT SERV 01-51990-200 CONTRACTUAL EXPENSE TOTAL PURCHASED/CONTRACT SERV 500,000 ~OO,OOO 423,488 423,488 0.00 0.00 0.00 0.00 0.00 423,488.00 100.00 0.00 423,488.00 100.00 TOTAL CONTINGENCY 500,000 423,488 0.00 0.00 0.00 423,488.00 100.00 4-24-2007 10:00 AM BOYNTON BEACH CRA PAGE: 16 REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: APRIL 30TH, 2007 01 -GENERAL FUND POLICE % OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING PERSONNEL SERVICES 01-53120-100 PERSONNEL SERVICES 0 0 0.00 0.00 0.00 0.00 0.00 TOTAL PERSONNEL SERVICES 0 0 0.00 0.00 0.00 0.00 0.00 PURCHASED/CONTRACT SERV 01-53120-200 CONTRACTUAL EXPENSE 120,000 101,466 0.00 6,882.00 0.00 94,584.00 93.22 TOTAL PURC~SED/CONTRACT SERV 120,000 101,466 0.00 6,1:182.00 0.00 94,51:14.00 93.22 SUPPLIES 01-53120-320 POLICE SUPPLIES 0 0 0.00 0.00 0.00 0.00 0.00 TOTAL SUPPLIES 0 0 0.00 0.00 0.00 0.00 0.00 CAPITAL OUTLAY 01-53120-400 EQUIPMENT COSTS 0 3,509 0.00 0.00 3,508.20 0.80 0.02 01-53120-410 POLICE CRUISER 0 0 0.00 0.00 0.00 0.00 0.00 TOTAL CAPITAL OUTLAY 0 3,509 0.00 0.00 3,508.20 0.80 0.02 DEPRECIATION & AMORT 01-53120-610 DEPRECIATION 0 0 0.00 0.00 0.00 0.00 0.00 TOTAL DEPRECIATION & AMORT 0 0 0.00 0.00 0.00 0.00 0.00 TOTAL POLICE 120,000 104,975 0.00 6,882.00 3,508.20 94,584.80 90.10 4-24-2007 10:00 AM BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: APRIL 30TH, 2007 PAGE: 17 01 -GENERAL FUND TRANSPORTATION DEPARTMENTAL EXPENDITURES ORIGINAL BUDGET AMENDED BUDGET MONT~LY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED % OF UNENCUMBERED BUDGE T BALANCE REMAINING PURCHASED / CONTRACT SERV 01-55110-200 CONTRACTUAL EXPENSE 01-55110-230 TROLLEY OPERATIONS 01-55110-231 TROLEY MARKETING COSTS 01-55110-232 TROLLEY SYSTEMS COSTS TOTAL PURCHASED/CONTRACT SERV 500 500 0.00 0.00 0.00 500.00 100.00 556,920 556,920 20,280.00 267,890.00 278,320.00 10,710.00 1. 92 84,000 84,000 3,280.00 15,168.47 70,998.53 2,167.00) 2.58- 5,000 5,000 670.00 3,245.00 0.00 1,755.00 35.10 646,420 646,420 24,230.00 286,303.47 349,318.53 10,798.00 1. 67 646,420 646,420 24,230.00 286,303.47 349,318.53 10,798.00 1. 67 TOTAL TRANSPORTATION 4-24-2007 10:00 AM BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: APRIL 30TH, 2007 PAGE: 18 01 -GENERAL FUND INCENTIVES & GRANTS DEPARTMENTAL EXPENDITURES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED % OF UNENCUMBERED BUDGE T BALANCE REMAINING PURCHASED/CONTRACT SERV 01-57200-200 CONTRACTUAL EXPENSE 0 0 0.00 0.00 0.00 0.00 0.00 01-57200-236 PBC - DEVELOP. REGIONS GR 100,000 100,000 0.00 0.00 0.00 100,000.00 100.00 01-57200-237 RESIDENTIAL IMPROVEMENT P 0 0 0.00 0.00 0.00 0.00 0.00 01-57200-238 COMMERCIAL IMPROVEMENT PR 100,000 100,000 0.00 15,000.00 0.00 85,000.00 85.00 01-57200-239 ECONOMIC DEVELOPMENT PROG 125,000 125,000 0.00 8,818.50 0.00 116,181. 50 92.95 01-57200-240 pIRECT INCENTIVE PROGRAM 0 0 0.00 0.00 0.00 0.00 0.00 TOTAL PURCHASED/CONTRACT SERV 325,000 325,000 0.00 23,818.50 0.00 301,181.50 92.67 TOTAL INCENTIVES & GRANTS 325,000 325,000 0.00 23,818.50 0.00 301,181.50 92.67 4-24-2007 10:00 AM 01 -GENERAL FUND SPECIAL EVENTS DEPARTMENTAL EXPENDITURES PERSONNEL SERVICES 01-57400-100 PERSONNEL SERVICES TOTAL PERSONNEL SERVICES PURCHASED/CONTRACT SERV 01-57400-200 CONTRACTUAL EXPENSE 01-57400-203 ~ISCELLANEOUS 01-57400-216 ADVERTISING & PUBLIC NOTI 01-57400-217 NEWS LETTER 01-57400-218 ANNUAL REPORT & BROCHURES 01-57400-219 FESTIVALS & EVENTS 01-57400-220 PROMO & BUSINESS TRAVEL 01-57400-221 CRA MEETINGS & EVENTS 01-57400-225 ASSOC. MEETINGS & SEMINAR 01-57400-226 MEMBERSHIP DUES 01-57400-227 DELIVERY SERVICES 01-57400-229 CAREER DEVELOPMENT 01-57400-236 PHOTOGRAPHY / VIDEOS TOTAL PURCHASED/CONTRACT SERV SUPPLIES 01-57400-300 OFFICE EXPENSE 01-57400-310 OFFICE SUPPLIES 01-57400-355 SUBSCRIPTIONS 01-57400-360 BOOKS & PUBLICATIONS 01-57400-365 OFFICE PRINTING COSTS TOTAL SUPPLIES DEPRECIATION & AMORT 01-57400-610 DEPRECIATION TOTAL DEPRECIATION & AMORT TOTAL SPECIAL EVENTS ORIGINAL BUDGET 60,000 60,000 76,900 o 35,000 14,000 50,000 o o o 6,000 o 200 o 15,000 19/,100 2,500 2,500 200 o 2,500 , , 100 264,800 BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: APRIL 30TH, 2007 AMENDED BUDGET 60,000 60,000 76,775 33 35,025 14,600 50,000 o o o 6,000 100 200 o 14,967 19/,/00 2,500 2,500 200 390 2,110 7, 100 o o o o 265,400 MONTHLY ACTIVITY 4,615.38 4,615.38 1,650.00 0.00 1,575.00 522.72 0.00 0.00 0.00 0.00 393.24 0.00 0.00 0.00 892.50 5,033.46 8.09 144.26 0.00 344.40 0.00 496.75 0.00 0.00 10,145.59 YEAR-TO-DATE BALANCE 32,769.21 32, 169.21 21,297.00 32.50 8,781.54 7,215.56 13,833.50 0.00 0.00 0.00 5,161.77 100.00 149.70 0.00 3,375.92 b9, 94 I. 49 305.97 1,119.39 0.00 389.35 500.00 2,314.71 0.00 0.00 95,031.41 TOTAL ENCUMBERED 0.00 0.00 48,853.00 0.00 26,242.25 7,307.16 34,675.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 3,492.50 120,b69.91 159.98 178.48 0.00 0.00 0.00 331:1.46 0.00 0.00 120,908.37 UNENCUMBERED BALANeE 27,230.79 27,230.79 6,625.00 0.50 1.21 77.28 1,491. 50 0.00 0.00 0.00 838.23 0.00 50.30 0.00 8,098.58 11, 11:12 . 60 2,034.05 1,202.13 200.00 0.65 1,610.00 b,046.83 0.00 0.00 49,460.22 PAGE: 19 % OF BUDGET REMAINING 45.38 4b.38 8.63 1. 52 0.00 0.53 2.98 0.00 0.00 0.00 13.97 0.00 25.15 0.00 54.11 8.69 81.36 48.09 100.00 0.17 76.30 6tl.54 0.00 0.00 18.64 4-24-2007 10:00 AM 01 -GENERAL FUND ECONOMIC DEVELOPMENT DEPARTMENTAL EXPENDITURES PERSONNEL SERVICES 01-57500-100 PERSONNEL SERVICES TOTAL PERSONNEL SERVICES PURCHASED / CONTRACT SERV 01 57500-216 ADVERTISING & PUBLIC NOTI 01-57500-219 FESTIVALS & EVENTS 01-57500-220 PROMO & BUSINESS TRAVEL 01-57500-222 BUSINESS PROGRAMING 01-57500-223 BUSINESS GENESIS 01-57500-225 ASSOC. MEETINGS & SEMINAR 01-57500-226 MEMBERSHIP DUES TOTAL PURCHASED/CONTRACT SERV SUPPLIES 01-57500-300 OFFICE EXPENSE 01-57500-310 OFFICE SUPPLIES 01-57500-355 SUBSCRIPTIONS 01-57500-360 BOOKS & PUBLICATIONS 01-57500-365 OFFICE PRINTING COSTS TOTAL SUPPLIES DEPRECIATION & AMORT 01-57500-610 DEPRECIATION TOTAL DEPRECIATION & AMORT TOTAL ECONOMIC DEVELOPMENT ORIGINAL BUDGET 28,050 28,050 o 325,000 o o o o o 325,000 353,050 BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: APRIL 30TH, 2007 o o AMENDED BUDGET 28,050 28,050 o 325,000 o o o 138 200 32b,338 o o o o o o o 2,000 o o o 2,000 o o 355,388 MONTHLY ACTIVITY 4,384.62 4,384.62 0.00 0.00 0.00 0.00 0.00 49.71 0.00 49. 71 25.00 144.27 0.00 0.00 0.00 169.27 0.00 0.00 4,603.60 YEAR-TO-DATE BALANCE 20,289.53 20,289.53 0.00 271,390.07 0.00 0.00 0.00 137.38 175.00 271,/02.45 25.00 1,130.18 0.00 0.00 0.00 1,lbb.18 0.00 0.00 293,147.16 TOTAL ENCUMBERED 0.00 0.00 0.00 10,181. 00 0.00 0.00 0.00 0.00 0.00 10,181.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 10,181.00 UNENCUMBERED BALANCE 7,760.47 I , 160. 47 0.00 43,428.93 0.00 0.00 0.00 0.62 25.00 43,454.55 25.00) 869.82 0.00 0.00 0.00 844.82 0.00 0.00 52,059.84 PAGE: 20 % OF BUDGET REMAINING 27.67 27. 67 0.00 13.36 0.00 0.00 0.00 0.45 12.50 13.36 0.00 43.49 0.00 0.00 0.00 42.24 0.00 0.00 14.65 4-24-2007 10:00 AM BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: APRIL 30TH, 2007 PAGE: 21 01 -GENERAL FUND SIGNAGE PROGRAM DEPARTMENTAL EXPENDITURES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE % OF TOTAL UNENCUMBERED BUDGET ENCUMBERED BALANCE REMAINING PURCHASED/CONTRACT SERV 01-58000-200 CONTRACTUAL EXPENSE 01-58000-224 SIGN CONSTRUCTION TOTAL PURCHASED/CONTRACT SERV 5,000 10,000 15,000 5,000 10,000 15,000 0.00 0.00 0.00 5,000.00 100.00 0.00 3,550.00 800.00 5,650.00 56.50 0.00 3,550.00 800.00 10,650.00 71.00 0.00 3,550.00 800.00 10,650.00 71.00 TOTAL SIGN~E PROGRAM 15,000 15,000 4-24-2007 10:00 AM BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: APRIL 30TH, 2007 PAGE: 22 01 -GENERAL FUND HEART OF BOYNTON DEPARTMENTAL EXPENDITURES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE % OF TOTAL UNENCUMBERED BUDGET ENCUMBERED BALANCE REMAINING PURCHASED/CONTRACT SERV 01-58200-200 CONTRACTUAL EXPENSE 200,000 200,000 223.80 77 , 714 . 63 411.82 121,873.55 60.94 01-58200-232 NON PHASE I PROPERTY PURC 0 0 0.00 0.00 0.00 0.00 0.00 01-58200-233 TWN SQ PROJ - HS REHAB 0 0 0.00 0.00 0.00 0.00 0.00 01-58200-234 TRASH SYSTEM 0 0 0.00 0.00 0.00 0.00 0.00 01-58200-235 SAVAGE CREATURES 0 0 0.00 0.00 0.00 0.00 0.00 TOTAL PURCHASED/CONTRACT SERV 200,000 200,000 223.80 77, 114. 63 411. 82 121,8/3.b5 60.94 DEPRECIATION & AMORT 01-58200-610 DEPRECIATION 0 0 0.00 0.00 0.00 0.00 0.00 TOTAL DEPRECIATION & AMORT 0 0 0.00 0.00 0.00 0.00 0.00 TOTAL HEART OF BOYNTON 200,000 200,000 223.80 77 , 714 . 63 411. 82 121,873.55 60.94 4-24-2007 10:00 AM BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: APRIL 30TH, 2007 PAGE: 23 01 -GENERAL FUND DEVELOPMENT PROJECTS DEPARTMENTAL EXPENDITURES ORIGINAL BUDGET AMENDED BUDGET MONTHLY YEAR-TO-DATE ACTIVITY BALANCE % OF TOTAL UNENCUMBERED BUDGET ENCUMBERED BALANCE REMAINING PURCHASED/CONTRACT SERV 01-58300-200 CONTRACTUAL EXPENSE TOTAL PURCHASED/CONTRACT SERV 2,400,295 2,400,295 2,368,235 2,368,235 1,384,256.88) ( 977,639.96) 1,384,2b6.88) ( 917,639.96) 231,969.61 3,113,905.35 131.49 231,969.61 3,113,905.35 131.49 TOTAL DEVELOPMENT PROJECTS 2,400,295 2,368,235 1,384,256.88) ( 977,639.96) 231,969.61 3,113,905.35 131.49 4-24-2007 10:00 AM BOYNTON BEACH CRA PAGE: 24 REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: APRIL 30TH, 2007 01 -GENERAL FUND EMPLOYEE BEBEFITS % OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING PERSONNEL SERVICES 01-59000-150 COMPENSATED TIME OFF 0 0 0.00 0.00 0.00 0.00 0.00 01-59000-151 F.I.C.A. 32,401 34,905 2,863.70 17,820.96 0.00 17,083.89 48.94 01-59000-152 MEDICARE 7,999 8,585 669.74 4,395.91 0.00 4,188.66 48.79 01-59000-153 RETIREMENT PLAN 401(a) 60,495 61,287 0.00 49,011. 00 0.00 12,276.30 20.03 01-59000-154 WORKERS COMP INSURANCE 5,714 5,714 0.00 2,000.74 0.00 3,713.26 64.99 01-59000-155 HEALTH INSURANCE 32,254 34,441 2,456.26 19,283.79 720.00 14,437.31 41.92 01-59000-156 DENTAL INSURANCE 3,164 3,314 155.82 1,503.72 0.00 1,810.08 54.62 01-59000-157 LIFE INSURANCE 2,064 3,267 419.15 2,953.81 0.00 312.69 9.57 01-59000-158 SHORT / LONG TERM DISABIL 2,634 2,859 0.00 0.00 0.00 2,858.56 100.00 01-59000-159 UNEMPLOYMENT CHARGES 5,000 5,000 512.94 735.15 0.00 4,264.85 85.30 01-59000-160 VISION INSURANCE 458 480 11.56 180.82 0.00 298.88 62.31 01-59000-161 COMPENSATED ABSENSES 0 0 0.00 0.00 0.00 0.00 0.00 TOTAL PERSONNEL SERVICES 152,183 159,850 7,089.17 97,885.90 720.00 61,244.48 38.31 TOTAL EMPLOYEE BEBEFITS 152,183 159,850 7,089.17 97,885.90 720.00 61,244.48 38.31 4-24-2007 10:00 AM BOYNTON BEACH CRA PAGE: 25 REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: APRIL 30TH, 2007 01 -GENERAL FUND DEBT SERVICE % OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING DEBT SERVICE 01-59800-810 LOAN PRINCIPAL 675,823 675,823 0.00 162,800.87 0.00 513,022.13 75.91 01-59800-811 BOND #1 PRINCIPAL 600,000 0 0.00 0.00 0.00 0.00 0.00 01-59800-812 BOND #2 PRINCIPAL 235,000 0 0.00 0.00 0.00 0.00 0.00 01-59800-820 LOAN INTEREST 204,015 204,015 0.00 81,735.18 0.00 122,279.82 59.94 01-59800-821 BOND #1 INTEREST 786,615 0 0.00 0.00 0.00 0.00 0.00 01-59800-822 ~OND #2 INTEREST 588,320 0 0.00 0.00 0.00 0.00 0.00 01-59800-830 FINANCIAL AGENT FEES 0 500 200.00 450.00 0.00 50.00 10.00 01-59800-840 BONDING INSURANCE COSTS 0 0 0.00 0.00 0.00 0.00 0.00 TOTAL DEBT SERVICE 3,089,773 880,338 200.00 244,986.05 0.00 635,351.95 72.17 OTHER FINANCING USES 01-b9800-990 TRANS OUT TO DEBT SERVICE 0 2,209,935 0.00 687,466.25 0.00 1,522,468.75 68.89 TOTAL OTHER FINANCING USES 0 2,209,935 0.00 687,466.25 0.00 1,522,468.75 68.89 TOTAL DEBT SERVICE 3,089,773 3,090,273 200.00 932,452.30 0.00 2,157,820.70 69.83 4-24-2007 10:00 AM BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: APRIL 30TH, 2007 PAGE: 26 01 -GENERAL FUND TRANSFER OUT DEPARTMENTAL EXPENDITURES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED UNENCUMBERED BALANCE % OF BUDGET REMAINING OTHER FINANCING USES 01-59999-990 INTERFUNo TRANSFERS OUT 01-59999-991 TRANSFER OUT-POLICE EXPEN TOTAL OTHER FINANCING USES o o o o o o 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL TRANSi'ER OUT o o 0.00 0.00 0.00 0.00 0.00 TOTAL EXPENDITURES 9,813,000 10,018,000 1,155,380.53) 1,954,570.51 1,002,845.37 7,060,584.12 70.48 REVENUES OVER/ (UNDER) EXPENDITURES ------------ ------------ ------------- ------------- ------------- ------------- ------- ------------ ------------ ------------- ------------- ------------- ------------- ------- o 1,000 1,238,943.47 7,892,617.27 ( 1,002,845.37) ( 6,888,771.90)8,877.19- . ~!a: ....." 1~~~Y~T8~ ,eRA Ii East Side-West Side-Seaside Renaissante BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: APRIL 10, 2007 AGENDA ITEM: I x I Consent Agenda Old Business New Business Public Hearing Other SUBJECT: BUDGET AMENDMENT 2006-2007 # 03 SUMMARY: Appropriation amendment to the 2006-2007 General Fund budget. Budget amendment allows the Director of Finance to bring accounts into conformity. FISCAL IMPACT: None RECOMMENDATIONS: NA Aft UL ROBERT T. REARDON, ASSIST. DIRECTOR T:\AGENDAS. CONSENT AGENDAS. MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board Meetings\0704 10 CRA Board meeting - April\2006-2007 Budget Amendment Number 02.doc IOO>OOCOO>..-N NO..-OOOoq-oq- NNC")C")NNNN 00000000 C")oq-oq-OC")C")C")C") Noq-oq-IOCOCOCOCO ~or-~~~~~~ 1010101010101010 - C( - - z 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ 0 0 0) 0 0 0 0 0 0 0 0> 0 0 0 0 0 ii2 10 00 00 C") 0 0 0 0 a.. cI5 00 ..- ..- L6 c5 c5 0 ..- ..- N oq- ..- It: a.. a.. c( ~ W Z ~ ~ ~ ~ ~ ~ ~ ~ 0 0 0 0 0 0 0 0 8 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 i w 0 0 0 0 0 0 0 0 ~ 0 0 10 C") ~ 0 0 0 M C") 0 0 c5 c5 vS w ..- ..- oq- ..- ...... 0::: 0 Z ~ ~ ~ ~ ~ ~ ~ ~ ~ Z 0 0 0 0 0 0 0 0 0 0 0 0 0 0) I 0 0 I I ~ 0 0 0> 0 0 10 00 C") 0 0 ...,J it: M L6 ..- ..- L6 ~ ..- ..- a. e 0 0::: a. ~ ~ ~ ~ ~ ~ ~ ~ ~ (j) (j) LU 0 <!) <!) 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() it: ~ 0 ~ en z w 0 0 () ...J ~ <( Z ~ W LU :E 0 ~ LU 0::: <( () a. ...J W 0 0 a.. -..............................................................r . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,............................................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . v. CONSENT AGENDA C. Seamist Negotiations Status . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ ,~~a, ~~RY~T8icRA ill East Side- West S.,de-Seaside Renaissance BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: MAY 08, 2007 AGENDA ITEM: x I Consent Agenda I Old Business New Business Public Hearing Other SUBJECT: SEA MIST ACQUISITION SUMMARY: The CRA's downtown vision includes preserving public access to the waterfront along the east end of Ocean Avenue. As part of this overall plan, the CRA has been interested in acquiring the Sea Mist drift fishing property (4 slips) in order to preserve the business for public use. In addition, the purchase would round out the CRA's marina presence. The property consists of .05 acres upland, and .13 acres submerged for a total of .18 acres and is located on the western end of the marina along NE 6TH street, 55 feet south of Casa Lorna Blvd. The property is zoned CBD. In February of 2006 the Agency had a reappraisal on the property which was valued at $900,000.00; whereupon, staff initiated several discussions to purchase the property. Staff approached the owners of the property with an offer matching the appraised value. Staff was also willing to support a long term lease for the business operation. After months 'of collegial negotiations the owners concluded that the property was worth $1,500,000.00 irrespective of the appraised value. The owners have equated the value of the SEA MIST slips with other marinas in the area to justify their position. FISCAL IMPACT: FY 2006-2007 Budget $900,000.00 for SEA MIST Purchase. To meet the $1,500,000.00 asking price would create a $600,000.00 shortfall in the budget. RECOMMENDA TIONS: Staff recommends cancelling negotiations to purchase the SEA MIST. Although staff recognizes the original intent of creating a unified cohesive public marina where the drift fishing operation would be preserved in perpetuity, staff cannot recommend the expenditure of additional funds. Staff would also like to begin assisting the owners with a PBC Development Regions Grant to improve their property consistent with future marina improvements and goals. Staff will realign the FY 06-07 Budget and earmark fund"ERS~ approved by the eRA Board. ROBERT T. REARDON, ASSIST. DIRECTOR T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board Meetings\07 05 08 CRA Board Meeting - May\SEA MIST report. doc -..............................................................r . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . & . . . . . . . . . . . ,............................................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . v. CONSENT AGENDA D. Review of Infill Site Plans & Home Designs (Parker Site & Habitat Site) ~ ~ ~ ~ c=~=; j -. - i I -J:--~~:1 'W 11 ~..f . . -.. I I~~~ ~ I '~~i ' ,. 1 ~1 , . 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'.. i' '0' I U . l ~~~qY~T8~ eRA ill East Side-West Side-Seaside Renaissance BOYNTON BEACH eRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: May 8, 2007 AGENDA ITEM: X I Consent Agenda Old Business I I New Business Public Hearing Other SUBJECT: Presentation of Infill Site Plans and Home Designs for Parker Site and Habitat Site SUMMARY: As part of the HOB Work Program, the CRA has been acquiring single-family vacant lots in HOB with the intent of developing affordable single-family homes by donating the lots to local- nonprofit housing developers. To date the has CRA donated three lots to the Boynton Beach Faith Based Community Development Corporation and one to Habitat for Humanity. Both the CDC and Habitat have worked with CRA staff to create site plans and home designs that are consistent with the Heart of Boynton Community Redevelopment Plan. The CDC's homes will sell in the range of $200,000 - $220,000. Habitat's home will sell for approximately $85,000. Staffhas reviewed the attached plans and feels that they further the goals of the HOB Redevelopment Plan. FISCAL IMP ACT: None. RECOMMENDATIONS: Approve the designs of the homes for Habitat for Humanity and the Boynton Beach Faith Based CDC. ~LU Vivian L. Brooks Planning Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board Meetings\07 05 08 CRA Board Meeting - May\lnfill Site plans for Habitat & CDC.doc Boynton Beach Faith Based eDe Homes on Parker Site 600 S. Seacrest Blvd. STREETSCAPE SEACREST BLVD. SINGLE FAMILY BOYNTON BEACH FAITH BASED CDC #7891 \ ./ \ J . ..... ~~ .... . _III'_"CIXII ~c~_ ,....~- iJ'rWMl~AlCHl'l'1Ct _c:./D"IR""..... \ ../ ~'<?' +N ~ f5 ::::; ~ ~ It) s: <: ~L.. \ ..' / 1,278 S.F. TOTAL UNDER ROOF 1,6S3 S.f. AlC 1,278 S.f. TOTAL UNDER ROOF 1,6S3 S.f. AlC TOTAL UNDER ROOF NORTH SEA CREST BOULEVARD SEACREST BLVD. SINGLE FAMILY BOYNTON BEACH FAITH BASED CDC #7891 . ..... ~ .... . .....L.uotIN,JLalO _c..oI::nalllo._ )lMIILWIU.IMOI.-' _l~ACIVNCI' ~c:.~__ \ .I \ ./ \ ~./ -~ loIoOloIoO ~ ---1 ~~ "U COM -= l"-Vl ~8 ~ I t'i~ ........ -' ~I I Cl .. ~I-I.l . I -0(' ~< . l'X e,:,c:a:l I --'- Z:c ~ I -.... f.'-) ::(- ~ .""'g) I 0 ~ :c~ a ~ U'* I ~ " j"..;l< : . I l."l ~~ Q ~..Ij---- z ~Z ::> ~O ~ ~~ t ~S >- ~~ .. f.'-) '. ...~_. .. "~I r- - ) \ .../ l~:.. ~~: II ~ i ~. ol@ql : ~~ I H H · .: ~!: Ii iil I J ../~ /~ / \ / . / .! / ! t I .. .v . D hal' \S' ~ _'r.. , ..I \ ..1 i . , i i i loIoOloIoO ~ vi ~ ~ :2 N 1 t'i ~ ~ .... .... ~ I ~ i )\ i I ~ o ~ " l."l Q Z ::> ~ u5 <I- i~:.. ~~: 6 l Ii .~. oj! I : ~~~ ~ H H · -:81: iliH I ~ - ~e ~Cl ~I-I.l ~Vl e,:,~ z:c ...... f.'-) ::(..... .""'g) Q :c~ > u'* j"..;l< ~~ ~z ~o ~~ u~ ~l:Q f.'-) \ ~../ Habitat Home On NW 12th Avenue -..............................................................r . . . . . . . . . . . . p . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ................................................................ 110.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . v. CONSENT AGENDA E. Marketing and Communications Update (Information Only) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " ~~Y~T2~ eRA East Side-West S',de-Seaside Renaissance BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: May 8, 2007 AGENDA ITEM: E X I Consent Agenda Old Business/I New Business I I Public Hearing Other SUBJECT: Marketing and Communications Activities DESCRIPTION: 1st quarter summary of Marketing and Communications activities (January to April 2007), including launch of new CRA web site, Annual Report, and ongoing public relation efforts. FISCAL IMPACT: Cost budgeted in 2006/2007 from General Fund Budget RECOMMENDA TIONS: Consent item for informational purposes only. ~s!!;J~ Marketing and Communications Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board Meetings\07 05 08 CRA Board Meeting - May\Marketing Update.doc ~~Y~Te~ eRA East Side-West Side-Seaside Renaissance TO: CRA Board of Directors From: Margee Adelsperger, CRA Marketing and Communications Director Date: May 8, 2007 Subject: Summary of Marketing and Communications activities 1st quarter: January to April, 2007 Following is a summary of marketing, advertising and public relations activities for 151 quarter 2007: CRA COLLA TERAL 2006 ANNUAL REPORT: 10,000 copies 16-page, full color Concept, layout and design, copywriting, art and creative direction. Approximately 8,000 mailed to residents and businesses within the CRA district. THE PRESERVE BROCHURE: 10,000 copies "Let us help you become a homeowner" 6-page rack brochure (4" x 9") Concept, layout and design, copywriting, art and creative direction. Approximately 8,000 mailed to residents and businesses within the CRA. Contacted organizations whose employees may have an interest in the Preserve to suggest an internal distribution. POWERPOINT Created State of the CRA PowerPoint STATIONERY AND BUSINESS CARDS Updated artwork for stationary and business cards for Board and Staff, printed. WEB DESIGN TROLLEY WEB SITE Created new web site including site map, options for page layout and navigation and copywriting. Finalized production and transferred to live server. Made updates and modifications to existing site prior to new site going live. Host site on server. CRA WEB SITE Continued with production of new web site including revisions to site map, page and navigation layouts and copywriting. Completed look and feel of home interior pages, and continued to develop web-based administration system for multiple pages. Updated existing web site to keep as current as possible. Host existing site on server. Launched new CRA website, www.bovntonbeachaa.ClDIIIIII, in April. PUBLIC RELA TlONS Included: Strategic planning, writing, distribution, media follow-up, clipping/PDFs of published articles · Chairman's monthly Boynton Times monthly column - Write and coordinate - Jan. 17 issue: "Opening Doors to Affordable Housing with The Preserve at Boynton Beach" - Feb. 21 issue: "Free and Easy Boynton Beach Trolley Keeps Growing and Going" - March 21 issue: "Planning and Building a Great Downtown" - April 25 issue: "Growing Cultural Event Scene" · The Preserve - Write and distribute press release, follow up with media · The Preserve - Write and distribute media advisory; strategy for potential "affordable housing" storyline · Gang violence in Boynton Beach - Write and distribute press release, follow up with media, set up interviews · Heritage Celebration - Write and distribute media advisory · Two Georges Marina purchase - Write and distribute press release, follow up with media · Workforce Housing Workshop - Write and distribute media advisory, follow up with media · Trolley ridership - Write and distribute press release, follow up with media · Gang issues - Research for Chairman's column · WXEL interview - Coordinate for Henderson Tillman · FRA redevelopment op-ed - Edit to include CRA highlights · Contact Urban Land for potential editorial ADVERTISING FLORIDA TREND January (Industry Outlook): Designed and placed 1/3 page full color ad TROLLEY MARKETING COLLATERAL Completed design of trolley advertising placement plan depicting locations and ad types on the sides of each trolley for sending to prospective advertisers. 2 TROLLEY ADVERTISING Completed artwork for jumbo size advertising boards for SALE FISH REALTY. Coordinated with advertiser, sign vendor and Molly's Trolleys. TROLLEY STOP SIGNS Updated trolley street signs as required for new stops SCHEDULE AND MAP Modified schedule and map to add new route stops. Printed 10,000. Researched and continue to contact potential trolley advertisers SPECIAL EVENTS H.O.B. BEAUTIFICATION CLEAN-UP PROJECT (January) · Created T-Shirt design (front and back) for neighborhood event BOYNTON BEACH HERITAGE CELEBRATION (Feb.) Designed and created artwork for: . Logo · Event flyer (posted on CRA website with link) . Poster · Ad for Palm Beach Post . Trolley sign · Celebration invitation "UNWIND ON THE WATERWAY" EVENT (March) · Designed invitation postcard for V.I.P. developer reception "THE MARINA SUMMER FEST" (August) · Developed name for event · Developed name for "Renaming of marina" contest 3 -..............................................................r . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : V. CONSENT AGENDA : . . . . : F. Residential Improvement Grant Program : . . . . ~ Update (Information Only) : , . ~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ................................................................ I 1~~~Y~T2~ eRA ilIi East Side-West Side-Seaside Renaissance BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: May 8, 2007 AGENDA ITEM: X I Consent Agenda Old Business New Business Public Hearing Other SUBJECT: Discussion of the Residential Improvement Grant SUMMARY: The Residential Improvement Grant Program was implemented in January 2007as part of the HOB Work Program. The goal of the program is to assist homeowners and landlords in the Heart of Boynton with rehabilitation of their property in concert with the rehabilitation program of the City's Community Improvement Department. By leveraging City and CRA dollars, up to $60,000 could be provided for rehabilitation per residence ($40,000 City/$20,000 CRA). The CRA entered into an agreement with the Boynton Beach Faith Based CDC to market the program and to income qualify the applicants. To date, the CRA has approved only one grant in the amount of $14,318. The CDC states that they have distributed many applications for the program but few have returned the completed applications and back-up documentation. In reviewing the effectiveness of the program, staff has discovered that many residents do not want the City funds due to the fact that the City requires a ten year lien against the property while the CRA funds do not encumber the property. From discussion between CRA and CDC staff it was decided to pursue properties that still had tarps and roof damage from the hurricanes. The CDC staff would direct their marketing of the program only to those persons with damaged roofs. And by utilizing the general contractors that the CRA recently selected the re-roofing process can be swift and efficient. By limiting the scope ofthe program to roofs only, there is no need to send the applicant to the City for additional rehabilitation funds since it is unlikely that any roof replacement or repair will exceed the maximum grant amount of $20,000. Additionally, in the case where residents do desire and need additional repairs to the home, we can still partner with the City. T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board Meetings\07 05 08 CRA Board Meeting - May\Res. Imp. Grant.doc I 1~~~Y~T2~ eRA iIi East Side-West Side-Seaside Renaissance BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT FISCAL IMPACT: None. RECOMMENDATIONS: None, for informational purposes only. ~3!fb Vivian L. Brooks Planning Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board Meetings\07 05 08 CRA Board Meeting - May\Res. Imp. Grant.doc -..............................................................r . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F . L . . . . . . . . . . . ................................................................ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . p VII. Public Hearing: New Business A. Harbor Cay TO: THRU: FROM: DATE: PROJECf: REQUEST: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 07-031 Chair and Members Community Redevelopment Agency Board Michael Rumpf ~. Director of Planning and Zoning Kathleen Zeitler kz Planner May 1, 2007 Harbor Cay (SPTE 07-006) Site Plan lime Extension Property Owner: Applicant I Agent: Location: Existing Land Use: Existing Zoning: Proposed Land Use: Proposed Zoning: Proposed Use: Acreage: Adjacent Uses: North: South: East: PROJECT DESCRIPTION Harbor Cay, LLC Sid E. von Rospeunt, Managing Member for Harbor Cay, LLC East side of North Federal Highway, approximately 160 feet north of Gateway Boulevard (see Location Map - Exhibit "A") Special High Density Residential (SHDR) Infill Planned Unit Development (IPUD) No change proposed No change proposed Townhouses 1.429 acre To the north is developed multi-family residential property (Inlet Harbor Club), classified Recreational (R) and High Density Residential (HDR) land use and zoned Recreation (REe) and Multi-family Residential (R-3); To the south is developed commercial property (Gateway Shell), classified Local Retail Commercial (LRC) la'nd use and zoned Community Commercial (C-3); to the southeast is d~veloped single-family residential, classified Low Density Residential (LDR) and zoned Single-family Residential (R-1-AA); To the east is developed single-family residential, classified Low Density Residential Page 2 Harbor Cay SPTE 07-006 West: (LDR) and zoned Single-family Residential (R-1-/lf); and Right-of-way for Federal Highway, then farther west is right-of-way for the FlorWa East Coast (FEe) railroad. BACKGROUND Mr. Sid E. von Rospeunt, managing member of Harbor Cay, LLC is requesting a one (l)-year site plan tilE extension for the Harbor Cay New Site Plan Development Order (NWSP 06-011), which was approved by tE City Commission on May 2,2006. The site plan approval is valid for one (1) year from the date of approvi. If this request for a one (1 )-year time extension were approved, the expiration date of this site plan, includi~ concurrency certification, would be extended to May 2, 2008. The subject property consists of 1.429 acre zoned Infill Planned Unit Development (IPUD), located wittil Planning Area I of the Federal Highway Corridor Community Redevelopment Plan. According to the ~ report for the approved site plan (NWSP 06-011), the proposed Harbor Cay is a redevelopment projEm: approved for a total of 23 fee-simple town homes, recreation amenities, and related site improvements. The 23 dwelling units (at a density of 16.09 dwelling units per acre) are proposed as two (2)-bedroom units, each with a bonus room that could be used as a third bedroom. The 23 units are planned within six (5) separate buildings on the 1.429-acre site. Each three (3)-story building would contain four (4) dwelling units, with the exception of one building that proposes three (3) units. The approved site plan (see Exhibit "Bj proposes three (3) model types, ranging from 2,534 square feet to 2,599 square feet of total air-condition81 area. According to the staff report, the proposed townhouse buildings would have hints of Spanislt- Mediterranean accents in the contemporary / modern design. Building accents would include cupolas, Spanish S-tile roofs, decorative banding, stone veneer, awnings, and decorative garage doors. 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 incluc::2 but are not limited to the following: Plumbing, electrical, mechanical, foundation, and structural. Citr regulations authorize the Commission to approve site plan time extensions up to one (1) year, provided thct the applicant files the request prior to the expiration date of the development order. In this case, ttJ applicant has met that requirement. The Planning & Zoning Division received the application for tirn extension on March 12,2007, approximately seven (7) weeks prior to the expiration date of the site plan According to the justification submitted for the requested time extension (see Exhibit "C"), the applicart details the "good faith" efforts in moving forward with the project, explaining that the project has beet delayed due to the following: (1) required reconfiguration of underground utilities and subsequent cM engineering plan revisions which required re-submittal for further review and approval; (2) delay in plattin, due to required civil plan revisions; and (3) construction plan revisions necessary to address conditions of sit! plan approval. A more formal criterion for evaluating requests for time extensions is compliance with (traffic) concurrenq requirements. On March 29, 2006 the Palm Beach County Traffic Division approved the traffic study for this project and included a restriction that no building permits are to be issued for the project after the build-au year of 2009. Page 3 Harbor Cay SPTE 07-006 The site plan time extension is still subject to the original 85 conditions of the new site plan approval. I'e new land development regulations are now in place against which the project should be reviewed al1l modified. As for application of the Art in Public Places ordinance (05-060), this project is not exempt, as tiE new site plan request was filed and under review after adoption of Ordinance 05-060 on October 5, 200S. Therefore, the project must comply with Ordinance 05-060 as stated in the original conditions of site pia approval. Lastly, the applicant has failed to pay the Capacity Reservation Fee as required in original Condition ct Approval #19, which was due within seven (7) days of the original site plan approval. As such, stat recommends that the applicant pay the fee amount prior to final action by the City Commission on ths extension request. SUMMARY I RECOMMENDATION Staff recommends approval of this request for a one (1 )-year time extension of the Harbor Cay site plan (NV\SP 06-011). If this request for extension were approved, the expiration of this site plan would be extended to ,,",y 2, 2008. Staff is generally in favor of the redevelopment efforts represented by the approved site plan, whih serves to promote the goals of the Community Redevelopment Agency and the Federal Highway Corri<llr Redevelopment Plan. The proposed Harbor Cay project will provide an opportunity for redevelopment in a highly visible corridor in the City, increase the value of adjacent and nearby properties, and contribute to tie overall economic development of the City. If this request for site plan time extension is approved, ill outstanding conditions of approval from the new site plan approval must still be satisfactorily addressed durWg the building permit process. Any additional conditions recommended by the Board or City Commission shall te documented accordingly in the Conditions of Approval (see Exhibit "D''). S:\Planning\SHARED\WP\PROJECTS\Harbor Cay\SPTE 07-006\Staff Report.doc . I f ~ I : ~..i :::r: $E :::r: ~ ~ [2' f 1M Subject 8iite ~ I H ~_ '" ,.~ I C-3/ /1 ------.J PUD 7 I GATEWAY BLVD o ) >,. ~ :::r: $E, t::r:' ~; .~... "ft>, I f ./ R-3 C-2 ~a g,D D Q I~ J ....,~ rJ I 200 100 0 I LOCATION MAP Harbor Cay r f I r (~-3 I REC I , I IPUD REC 200 400 I R-3 I.... Las PalmasPk Pott(lrRoad 600 Exhiti "A" R.1-~ tl: ;~(- .~' 4) ~I--- ~. ~.. z r-- .. lrivl "I-'I-~~A. ------ t2L r I , . .' , . " ,. 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Ilium lilllll -.o.B,; n.. ~h ;;;;;;;; ;;;; g~J HA.RBOR CA.Y TOWNHOUSI!S 800 LAKESIDE HARBOUR Boynton B_cII, ......da ~KB ,- ..--.-.........---.....--- -... --"""- -- 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. 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 terms, financing, design and planning. This step formalizes 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. Formalizing the public's role in the process also reduces the likelihood of insurmountable opposition to the partnership and its project. Create checks & balances: Public/Private partnerships must create and use mechanisms to allow continuous assessment of the effectiveness 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. EXHIBIT C ~ n \1 u 1II'22OOl ~ PLANNING AND ZONING OEPl March 9, 2007 Board of Commissioners The City of Boynton Beach 100 East Boynton Beach Blvd Boynton Beach, FL 33435 Re: Development Order Extension Gentlemen: Please accept our request for an extension of twelve months for Boynton Beach Resolution 00-097,8 Development Order for Harbor Cay Town Homes; an IPOO located within 8 few hundred feet North of Gateway Boulevard on Federal Highway going towards the Intracoastal Watenvay. Due to various delays in obrnining approval for the underground utilities, only rerently resubmitted after substantial prior consultation along with the expectation of further comments requiring additional reoonfiguration and another round of resubmission, and the sequential nature of the process whereby the plat cannot be delineated until the civil engineering is approved, and in light of the extensive Conditions of Approval that must be addressed; it is not likely that 8 constrnction permit will be secured before the Development Order expires on May 2nd of 2007. Thankyou, in advance, for your time and oonsideration. We trost that the Board of Commissioners shall look upon our petition with kindness and generousity. d E.von Ri Chief~ Officer AmerCan Development Corp. The Man::lgjng Member fur Harbor Cay, LLC Harbor Cay, LIC 605 Lakeside Harbor Drive, Boynton Beach, Florida 33435, Tel: 561-734-3000 Fax: 561-72.4-3005 www.harborcay.com EXHIBIT "D" Conditions of Approval Project name: Harbor Cay File number: SPTE 07-006 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 FORESTER/ENVIRONMENT ALIST Comments: None PLANNING AND ZONING Comments: Conditions of Approval Harbor Cay SPTE 07-006 P 2 age DEPARTMENTS INCLUDE REJECT 1. The site plan time extension shall be subject to all previous Conditions of Approval. 2. The Applicant shall pay the Capacity Reservation Fee amount due to the City prior to final action by the City Commission on this Site Plan Extension request. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: To be determined. ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S :\Planning\SHARED\ WP\PROJECTS\Harbor Cay\SPTE\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Harbor Cay APPLICANT'S AGENT: Mr. Sid E. von Rospeunt, Harbor Cay, LLC APPLICANT'S ADDRESS: 605 Lakeside Harbor Drive, Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 5,2007 TYPE OF RELIEF SOUGHT: Request a one (1) year site plan time extension from May 2, 2007 until May 2, 2008, for 23 proposed townhouses on a 1.429-acr-e parcel in the IPUD zoning district. LOCATION OF PROPERTY: East side of North Federal Highway, approximately 160 feet north of Gateway Boulevard. 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:\Planning\SHARED\WP\PROJECTS\Harbor Cay\SPTE 07-006\DO.doc -..............................................................r . . . . . . . . . . . . " . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . r . ~ . . . . . . . . . . . ................................................................ ~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . r" VII. Public Hearing: New Business B. Boynton Beach Lofts DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 07-034 TO: Chair and Members Community Redevelopment Agency Board Michael Rumpf ~ Director of Planning and Zoning Gabriel Wuebben " 0 Planner /I\., THRU: FROM: DATE: April 6, 2006 PROJECT: Boynton Beach Lofts / SPTE 07-007 REQUEST: Site Plan Time Extension PROJECT DESCRIPTION Property Owner: Mr. James A. Seifert / Addison Properties of South Florida, Incorporated Applicant / Agent: Bradley Miller, Miller Land Planning Consultants Location: 623 South Federal Highway (see Exhibit "A" - Location Map) Existing Land Use/ Zoning: Mixed Use (MX)/ Mixed Use-Low (MU-L) Proposed Land Use/Zoning: No change proposed Proposed Uses: Request a second site plan time extension approval for a mixed use project consisting of 48 condominium units, 13,354 square feet of office space and 5,364 square feet of retail space on 1. 21-acres. Acreage: 1.21-acres Adjacent Uses: North: Vacant commercial property classified Local.Retail Commercial (LRC) land use and zoned Community Commercial (C-3); South: Developed commercial properties (offices) classified Local Retail Commercial (LRC) land use and zoned Community Commercial (C-3); East: Right-of-way for Federal Highway, then farther east is developed multi-family residential (Sterling Village) classified High Density Residential (HDR) land use and zoned Multi-family Residential (R-3); and Right-of-way for Southeast 4th Street, then farther west is an active park (Pence . Park) classified Recreational (R) land use and zoned Recreation (REC). West: Page 2 Memorandum No. PZ 07-034 BACKGROUND Mr. Bradley Miller, agent for Addison Properties of South Florida, Inc, is requesting a one (1)-year time extension for the Boynton Beach Lofts Site Plan and Height Exception Development Orders (NWSP OS-mE) (HTEX 05-001) which were approved by the City Commission on April 19, 2005. The site plan approval is vctd for one (1) year from the date of approval, unless a building permit has been issued or a time extension applied for. An earlier site plan time extension was approved in April of 2006, as the applicant was unableto secure a permit by the expiration date of the original site plan approval. If this request for extensions w~e approved, the expiration date of this site plan, including concurrency certification would be extended to AJI'i1 19, 2008. According to the original site plan staff report, Boynton Beach Lofts was approved for 48 condominium units, 13,354 square feet of office space and 5,364 square feet of retail space on 1.21-acres, at 623 South Fedelill Highway. The height exception request was for three (3) feet - two (2) inches above the maximum heightof 75 feet in the Mixed Use - Low (MU-L). This approval allowed the top of the stairwell to be designed at 78 feet - two (2) inches in height. 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 April 4, 2007, approximately ten (10) days prior to the expiration of the site plan and height exception. According to the time extension application, Mr. Miller indicates that since the project's last site plan time extension, the developer has completed working drawings for the project, has worked toward the marketing and sales of future units, including marketing packages and the assembly of a sales staff, has completed a project dedicated website, has cared for onsite landscaping, and has secured county civil permits. To date, the developer has spent nearly $730,000 toward the project. However, the residential market's slow down in 2006 has limited the feasibility of continuing with the project at this time. Consequently, the developer is working with the CRA to modify the plan to make the project more economically feasible to build and sell. As such, they are requesting another one (1) year time extension to gain the necessary permits and begin construction. Also, a more formal criterion for evaluating requests for time extensions is compliance with concurrency requirements. Traffic concurrency was approved with a build-out date of 2008 and no building permits are to be issued by the City for this project after the 2008 build-out date. Since the applicant has what would appear to be adequate time left on his traffic concurrency, nothing further in this regard is needed at this time. As for utilities, records indicate the utility reservation fee has been paid; therefore no further action is required. The site plan time extension would still be subject to the original conditions of site plan and height exception approvals. Lastly, major alterations in the City's zoning.regulations have occurred since the last Site Plan Time Extension was approved for this proje,ct. The Boynton Lofts project was originally approved concurrent with are-zoning to the MU-L (Mixed Use - Low) zoning district. Since then, following numerous public workshops and hearings, the MU-L zoning district has been replaced by a series of districts, ranging from MU-L 1 to MU-L 3. The original MU-L zoning district is intended to coincide with the new MU-L 3 zoning district in terms of Page 3 Memorandum No. PZ 07-034 maximum height and density. However, in accordance with the recommended locations for the new districts,. the subject area is targeted for the MU-L 2 district, permitting building heights up to 65 feet and a maximum density of 30 units per acre along limited segments of areas #2 and #4 of the Federal Highway Corridor. lre project is currently under staff review for a minor site plan modification which will lower the building heigtt from its original 75 feet to approximately 62 feet. However, the project's density will remain unchanged ct just under 40 units per acre. Project height will therefore become consistent with the vision for building height within this area, as set by the MU-L 2 district, whereas project density will exceed that of the proposed district and vision. Staff has identified a number of potential issues regarding this zoning discrepancy. While the project may be generally consistent with future zoning and development, it is inconsistent with at least two principle regulations of the recommended zoning (MU-L 2). The density, although consistent with the original MU-L zoning district, exceeds that of the MU-L 2 district by approximately twelve (12) units. Secondly, the project does not comply with the sky exposure plane regulations now in effect under the MU-L 2 zoning regulations. Staff acknowledges that these inconsistencies will not proVide a significantly noticeable disruption in the aesthetic quality envisioned for the area, nor will it adversely affect the quality of life for adjacent properties. However, more relevant is the development of this property in the absence of the superseded MU-L district Although the original zoning for the project has been replaced, the project can still be developed in accordance with the current valid development order. However, with the absolution of this zoning district in 2006, future changes to the approved plan or ultimate development, resulting from market changes or redevelopment created by building damage, could not be processed. Therefore staff recommends that if this request is approved, the zoning on this property, as well as on the other property similarly affected by the elimination of the MU-L district, be changed to MU-L2, consistent with the redevelopment vision. RECOMMENDATION Staff recommends approval of this request for a one (1) year time extension of the site plan (NWSP 05-008) and height exception (HTEX 05-001). If these requests for extension were approved, the expiration date of both applications, including concurrency certification would be extended to April 19, 2008, and all conditions from the original approvals must still be satisfactorily addressed during the building permit process. Staff also recommends, if the subject request is approved, that the City initiate a rezoning of the subject property, from MU-L to MU-L 2, in order to preserve the current vision and direction for redevelopment. S:\Planning\SHARED\WP\PROJECTS\Boynton Lofts\SPTE 07-007\Boynton Beach Lofts SPTE Staff Report.doc Exhibit "A" - Boynton Beach Lofts - 623 S. Federal Hwy. Location Map R2 f-- Duplex I Residential 125 62.5 0 I N 500 + I Feet w. E S 125 250 375 EXHIBIT "C" Conditions of Approval Project name: Boynton Beach Lofts File number: SPTE 07-007 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 FORESTER/ENVIRONMENT ALIST Comments: None PLANNING AND ZONING . Comments: 1. The site plan time extension shall be subject to all previous Conditions of Approval. Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: None ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Boynton Lofts\SPTE 07-007\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Boynton Lofts APPLICANT'S AGENT: Miller Land Planning Consultants, Inc. APPLICANT'S ADDRESS: 420 W. Boynton Beach Blvd. Suite 201 Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 5,2007 TYPE OF RELIEF SOUGHT: Request site plan time extension approval for a mixed use project consisting of 48 condominium units, 13,354 square feet of office space and 5,364 square feet of retail space on 1.21-acres. LOCATION OF PROPERTY: 623 South 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:IPlanningISHARED\WPIPROJECTSIBoynton LoftslSPTE 07-007IDO.doc -..............................................................r . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . r . ~ . . . . . . . . . . . I............................................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. VII. Public Hearing: New Business c. land Development Regulations Rewrite TO: FROM: DATE: RE: DEPARTMENT OF DEVELOPMENT Memorandum PZ 07-041 Chairman and Members, Community Redevelopment Agency Board & Planning and Development Board Michael RumP~ Planning & Zoning Director May 1, 2007 LDR Rewrite - Group 2 - Zoning Use Matrix, Notes & Restrictions INTRODUCTION As described in the progress report and proposed work schedule presented to the Board in April, staff would soon be delivering the next component to the rewrite project, the above-referenced Matrix and corresponding provisions and restrictions (see attachment). The Use Matrix is a portion of Group 2, and will soon be followed by another portion or remainder of Group 2. As also described in the prior staff report, the Definitions section was expanded to include terms and definitions for all uses to be regulated, both existing and proposed. All such uses have been listed in the proposed Use Matrix, as represented by the row headings, and repeated on each of the 9 pages of the matrix. Except for the far right column, each column heading in the matrix represents an individual zoning district. Furthermore, as described when delivering the proposed "Definitions", many use titles have been revised to group similar businesses and operations, and to implement where possible the labeling methodology used in the North American Industrial Classification System (NAICS). Use of this system would, in part, improve consistency with the city's Business Tax function and ensure greater consistency in regulating like uses. Existing rules and provisions to correspond with many uses regulated by the city, as well as proposed changes and new restrictions, are listed in the Notes & Restrictions (Section 4) that follows the Use Matrix. If a note or restriction accompanies a given use, the number(s) that identifies the corresponding note will be displayed in the far right column of the Use Matrix. Zoning uses as well as the corresponding general and specific regulatory provisions are currently placed in multiple sections of Part III, Chapter 2. Zoning, including 5 different sections that group the individual zoning districts, multiple sections for additional or "supplemental" regulations, and even within a few current definitions. Similar to the extensive effort devoted to consolidating, updating, and eliminating internal inconsistencies in'definitions, the attached use regulations represents that same intense effort to consolidate scattered regulations, identify and correct inconsistencies, and reword to increase clarity of the city's regulations. Above all, the proposed reorganization of these provisions will significantly increase the ease of readjng and understanding the city's very important zoning regulations. PROJECT OBJECTIVES The objectives set forth at the onset of staffs management of this effort, and explained previously in the update report, continue to be furthered. Of the original objectives, those involving user-friendliness and maintaining a flexible and dynamic approach, are most addressed by this work product. The original objectives are listed below followed by specific documentation relative to Objectives #1, #2 and #4. Although #5 i~ not specifically addressed herein, the basic services and unanticipated demands of the Division continue to be a priority, and provided or responded to timely. 1. Preserve/Utilize work efforts initiated/accomplished by the consultant including work products, discoveries, pertinent recommendations, and input collected from the public, staff and elected officials during workshop sessions; 2. Maximize user-friendliness in the ultimate document with the appropriate and logical organization, interconnectivity, and writing style; 3. Maintain public involvement in the rewrite process, including input :from local professionals "experts"; 4. Use a dynamic approach in the rewrite effort allowing the shifting of resources as needed to address current issues and Commission direction; and 5. Continue to deliver optimal customer service to the public and applicants during the proj ect. Objectives #1 & #2: LDR format or organization was the target of an original objective which continues to be furthered by the consolidation of all uses and the delineation of corresponding zoning districts into a single table, and the concentration of all use regulations and provisions into one proposed section. Such regulations are currently scattered into multiple code sections which are difficult for the lay person to locate, as well as challenging to staff to regularly review and incrementally revise as the needs arise. The zoning use matrix is a common component in modem zoning regulations, as exhibited by the County's ULDC and the zoning codes of many nearby cities. Although it has been very challenging and time-consuming for staff to consolidate existing and new uses and provisions in this format, the benefits with respect to consistency and ease of access justify the effort. User- friendliness continues to be a primary objective, guiding both the format as well as emphasis on simplicity and clarity. Objective #4: Staff continues to acknowledge the priorities and current issues of the Commission in this deliverable. For example, as indicated in the update report, staff would attempt to implement the recommendations of the M -1 Zoning District Study in the rewrite effort, as well as propose the incorporation of other new provisions into the documents that solve current or new issues that arise during completion of this major project. Given the format of the proposed Use Matrix, it was a simple task of reviewing each use for appropriateness in the M-l district as well as adding appropriate restrictions to ensure compatibility with an adjacent neighborhood and roadway corridor. Proposed restrictions to implement, in part, recommendations from that study are indicated by notes #8, #9, #10, and #11 of Section 4. Notes and Restrictions. Staff will continue to monitor the county-wide efforts involving evaluating the shortage of industrial uses/lands for incorporation of applicable recommendations prior to adoption. OTHER NOTEWORTHY CHANGES Preparation of these documents has involved the comprehensive and detailed review of zoning uses, including all allowed, conditionally allowed, or prohibited uses, and identification of any uses currently not addressed by city regulations. Noteworthy are the following additions or revisions involving zoning uses, businesses or activities: · Addition of a Mobile Home Park use and district to accommodate this "endangered" component of an affordable housing program (subject to subsequent establishment of the district and necessary provisions); · Clarification of used and antique merchandise; · New group home provisions more sensitive to the range of potential project sizes and types, state law, and including appropriate distance separation standards; · Specifying commercial uses allowed in the PUD zoning district (code currently only conditions commercial uses upon being those that "serve the needs of the PUD" and "shall not generally front on exterior and perimeter streets"; · Changing full service car washes to conditional uses, due to varying design characteristics that preclude establishment of consistent design standards, and potential impacts on immediate areas; · Addition of provisions to regulate check-cashing businesses, including a size limitation and distance separation standards; · Amendments to simplify and clarify current provisions applicable to a Bed & Breakfast; · Provisions for pet boarding and pet daycare in response to repeated mqumes; · Emphasis that business activities be within enclosed buildings, to prevent impacts on surrounding areas; and · Clarifying provisions for contractors' offices and workshops to properly accommodate them within the C-4 Zoning District. It should also be noted that the proposed regulations may create legal, non-conforming uses; however, staff will strive to identify such businesses as best as possible, to properly inform the Boards and Commission prior to adoption. Non-conforming uses created by use provisions may be more easily determined than if based on other new regulations such as distance separations, which would require intense site by site measurements to determine full impacts of the proposed modifications. SUMMARY/RECOMMENDATION , Staff recommends that the Boards and Commission approve this draft portion of Group 2, including the Zoning Use Matrix, and corresponding Notes and Restrictions. Other portions of Group 2, as well as subsequent groups are still to be delivered in accordance with the proposed table of contents and work schedule, as previously presented. However, any changes and comments proposed by the Boards and approved by the Commission will be incorporated into the document or schedule for ultimate ordinance preparation and processing. MR Attachments S:\Planning\SHARED\WP\SPECPROJ\LDR Rewrite (2005-2006)\General\Group 2 report - Use Matrix & Notes 5-1-07.doc Section 3. Use Reeulations. Exce1Jt as otherwise provided in this article. regulations governing the use ofland and structures are hereby establidled as shown in the following Use Matrix (Table 3-1). The Use Matrix is intended to classify uses on the basis of c<mmon functional characteristics and land use compatibility. The Use Matrix indicates eligible zoning districts for the VariOE uses based on the exact nature of the use, and detailed requirements which specify permitted uses or anv additional appli:ation requirements. as well as additional standards (see Section 4. Notes and Restrictions) that may be necessary to justly and establish each use. A. Use Matrix Leeend. Uses regulated herein are classified in one (1) or more of the fol>>wing categories: Symbol ~ Permitted Uses (see Definitions, Chapter L Article II) - Uses identified with a "P" on tlJ: Use Matrix are permitted by right in the district. subject to the additional standards indicatedin the "Note" column, and other applicable requirements of this Code. C Conditional Uses (see Definitions, Chapter L Article II) - Uses identified with a "C" on tk Use Matrix are permitted in the district, subject to approval in accordance with Ch. 3, Art. 4. Section 6, Conditional Uses, and the additional standards indicated in the "Note" column. andother applicable requirements of this Code. A Accessorv Uses (see Definitions, Chapter L Article II) - Uses identified with an "A" on tlJ: Use Matrix are permitted as an accessory use to a permitted principal use in the district subjectto the additional standards indicated in the "Note" column, and other applicable requirements C{this Code. The nature of the principal use will determine the use review authority required to mriew and approve the accessory use. X Prohibited Uses (see Definitions, Chapter L Article II) - Uses identified with an ")(" are specifically prohibited in the corresponding zoning; district. * Notes and Restrictions - An " * " indicates the existence of a corresponding number iI the "Note" column, which refers to additional standards applicable to the use pursuant to SectiJn 4. Notes and Restrictions. J IPUD district - The following regulations are applicable to the Infill Planned Unit Develo1lllent District identified with a "oJ" symbol on the Use Matrix: .L Uses. Mixed land uses are allowed in the IPUD district. All uses withiJ the "Commercial", "Office & Health Care", and "Arts. Entertainment & Recreat>>nal" industry classifications may be allowed in connection with a "Residential" use. 2. Location. Non-residential uses shall only be allowed for developments fronti~ on streets classified as "Arterial" on the "Functional Classification of Roadways" mapiI the City of Bowton Beach Comprehensive Plan. 3. Frontage. Any non-residential use must front on the arterial roadway or on an access wholly contained within the project with neither entrances nor exit on or visible frcm or disruptive ,to adjacent properties. streets, and rights-of-way. 4. Design. Such development must be found compatible with adjacent uses and establEhed design characteristics. May 2, 2007 JJ PIn district - The following relrulations are applicable to the Planned Industrial Development District identified with a ".j.J' symbol on the Use Matrix: 1. Refer to the applicable Permitted Use List for the Planned Industrial Development(PID) zoning district. B. Use Matrix Rules. The following General Rules are applicable to the Use Matrix: General Rule 1. Except for within the IPUD district and PID district. a vacant box that cootains no symbol signifies that the use category is not allowed within the corresponding zoning district. General Rule 2. All "Commercial" and "Office & Health Care" use grOUPS allowed in the Mixed- Use districts shall be integrated into a mixed-use building or development and may not occupy more than 50% of the grOSS floor area of any given building or exceed 30% of the groSS floor area of the mixed use development. This requirement does not include Office complexes in excess of 100.000 square feet. General Rule 3. All business activity and uses shall be conducted within a fully enclosed building. unless otherwise specified. General Rule 4. Fire Department Hazardous Material Disclosure: Any use which uses. handles. stores. displays. or generates hazardous materials. hazardous waste. or a toxic substance. as defined by 40 Code of Federal Regulations. Part 261 or the Florida Substance List as set forth in Rule 4A-62.004. Florida Administrative Code. shall require Fire Department Hazardous Material Disclosure in accordance with Part II. Section 9-71 of this code. General Rule 5. Drive-up. drive-through. and drive-in facilities require conditional use aPMoval unless otherwise specified. The facility. including the stacking lanes must not be visible from DUblic rights-of-way when located within the SMU district and MU-L zoning districts. When alternative inm-ess and em-ess is available. access should not be from / to an arterial roadwav when located within the MU -L districts. Furthermore. these facilities are not allowed. as part of a business listed under the "Commercial" use grouP. within the MU-H and PID districts. General Rule 6. It should be noted that each use category may contain additional limitations or restrictions. Please refer to the Definitions (see Chapter 1 ). the applicable zoning district regulations. and the Supplemental Regulations in Chapter 3. Article V. c. Use Matrix. See Table 3-1. Table 3-1 P = Permitted Residential Commercial Mixed-Use Indus Mise C = Conditional A = Accessory X = Prohibited Ie CO ~ ~ ..., - N l""l ..., rn · (see Legend) <: @ ~ ...J ...J ::I: ..., f;Iil I I I 0 Po< 0 0 ~ I I I I - U f-o I (see Legend) - - - - N l""l :J ::I: - N l""l ":t CO U :J :J :J ~ I 8 :J ~ 0 I I ~ I ~ ~ e:: ::E I I I I ::E ::E ::E ::E II (see Legend) p::: p::: p::: Po< U U U U U Po< CI) Po< Po< ;Z; RESIDENTIAL & LODGING Dwelling, Single- P P P P P P P P A A P 12 family (detached) . . . . . . . . . . X X X X . X X X X 13 16 Dwelling, Two- P P P P P C P P P P P C 12 . X 13 family . . . . . . . . . . . . 17 May 2, 2007 2 P = Permitted Residential Commercial Mixed-Use Indus Misc C = Conditional A = Accessory X = Prohibited -l< o:l ~ ~ ....,. ..... N r<) ~ rn * (see Legend) ~ @ .....:l .....:l .....:l ::r:: ~ I I I @ ~ Q Q ~ I I I I U ~ J (see Legend) ..... ..... ..... .... N r<) ::r:: ..... C".l r<) '<t ~ ::J ::J ~ ..... Q 0 o:l U I ::J ~ I I ~ ~ I I e:: ~ I I I I ~ ~ ~ - JJ (see Legend) ~ ~ ~ ~ ~ U U U U U ~ Cf.l ~ ~ :z; RESIDENTIAL & LODGING continued Dwelling, Multi- P P P P C P P P P P P 12 family (3+ units) * * * * X * * * . * * * 13 18 Mobile Home P X X X X X X 12 Park * Bed & Breakfast C C C C C C * * * * 19 Hotel & Motel P P P P C C C C P 20 * * * * * * . * * Group Home p p p P P P Type I (6 or less * * * * * * 21 residents) Group Home C p P Type 2 (7 to 14 * * * 21 residen~) Group Home C C C P P Type 3 (15+ * * * * * 21 residents) Group Home Type 4 (special C C 21 care, 7+ . * residents) COMMERCIAL Retail Sales Art, Book, Craft, 4 Hobby, Music, P P P P P P P Sporting Goods, * P P * P * * . * * 5 & Toys 22 Auto Dealer, New X X X P P 15 * * 23 Auto Dealer, X X X P P 15 Used * * 24 Automotive Parts P P P P P P P P P P 9 Store * * * * * * * * * * 15 Beer, Wine, & p P P P P P P P 5 Liquor Store * * * * * * * * 25 Boat Dealer I C A Rental * X X X X * 26 Clothing & P P P P P 2 Accessories * P P P P * * * * P 4 5 I Convenience P P P P P P P P P P P P 3 Store * * . * * * * . * * * * 5 9 17 Cosmetics, p p P P Beauty supply, & P P P P P 2 * * * * P Perfume 5 2 Electronics & P P P P P P 4 Appliance Store * P P P P * . * * P * 5 9 I Florist .p P P P P P P P P P P 2 * * * * * P * 5 . 9 2 Furniture & P P P P P P 4 Home furnishing * P P P P * * * * P . 5 9 May 2, 2007 3 P = Permitted Residential Commercial Mixed-Use Indus Misc C = Conditional A = Accessory i< X = Prohibited iJ:l """> rJ) ~ ~ """> - N M < 0 .....:l .....:l .....:l ::I:: """> ~ * (see Legend) I I I 0 ~ 0 0 :::J I I I I .- U E-< - .- - .- N M :::J :::J ::I:: .- N M '<t iJ:l U :::s :::J ~ :::J :::J I Q :::J ~ 0 j (see Legend) I I I ~ ~ I ~ :::s I I I I :::s :::s :::s :::s ..... ~ ~ ~ ~ ..... ~ U U U U U ~ en ~ ~ Ii": COMMERCIAL Retail Sales continued C C C C C C 7 Gasoline Station * . . . X X X . . 15 28 P C P P P 4 Grocery Store X p X P P . . . . . 5 29 3 Hardware Store P p P P P P P P P P P 5 * . . . . . . 9 30 Health & Personal Care p P P (Eyeglass, P P P P P P P . . . P 5 Vitamins, Hearinl!-Aids) Home P bnprovement p X P . X X X X 4 Center Jewelry, Luggage, P P P P P P P P P P 2 & Leather Goods * . . . 5 2 Marine P p P P P P P P P P P 5 Accessories * . . . . . * . . . . 9 15 31 Merchandise, New (Supercenter, p X P P X X X X 4 Discount, . Department, Club) Merchandise, Used X X X p p X P X X X X X (Consignment, . . . 32 Pawnshop, Thrift) Merchandise, P p p P P P P P P P 2 Used (Antique X X . . . . . * . . . . 5 Shop) 33 Novelty, Gift, P P P P 2 Souvenir, & . p P P P P . . . P 5 Miscellaneous Nursery, Garden p p p P p 3 Ctr, & Farm . . . . . 9 Supply 34 Office Supplies & p P P P P P P P P P 2 Stationery . . . . 5 Pet Store & P P P P P P P P P P 2 Supplies . . . . 5 Pharmacy & Drug P p P P P 3 Store . P P P P P . . . . 5 35 Specialty Food p p p p p P P P P P 3 Store . . . . 5 COMMERCIAL Services Auto / Car Wash . (polishing, A C C X C X X X X X C 9 Waxing, . . . . . 36 Detailinl!) May 2, 2007 4 P = Pennitted Residential Commercial Mixed-Use Indus Mise C = Conditional A = Accessory ole X = Prohibited a:l ""'> 00 ~ ~ ""'> - N M -< @ ....:I ....l ....l ::c: ""'> ~ * (see Legend) I I I @ ~ Q Q ~ I I I I - U E-o - - - - N M ~ - N M '<t a:l U ~ :::> ~ :::> I Q :::> ~ 0 / (see Legend) I I I I I ~ ~ I I 0 I :::E :::E :::E ...... Z t:t:: t:t:: t:t:: ~ ~ ...... ~ U U U U ~ r:/1 ~ ~ COMMERCIAL Services continued Auto; Car Wash, X C C X C X X X X X C 11 Self-serve Bay * Automobile A P C P P 15 Rental * * * * * 37 Automotive, A C P X C X X X X X p' 15 Minor Repair * * * * * 38 Automotive, P 11 M~or Repair X X X X X * 15 39 Automotive Window Tinting; A C P X C X X X X X P 15 Stereo Installation * * * * * 40 ; Alanns Bar & Nightclub C C C C C C C C 41 * * Caterer P P P P P P 11 * Check Cashing X X X P P X P X X X X X 42 * * * Coin-operated p p P P P I Laundry * * P P P P P * * * X 2 5 Day & Trade P Labor Pool X X C X X X X X X X * 11 (Temporary Help) 1 p P P P P P P P P P P P 3 Dry Cleaner * * * * * * * * * * * * 5 9 43 Funeral Home C C P P P X C C C X A 44 * * * * Locksm ith P P P P P P 2 * Personal Care P p P P P 1 (Beauty, Hair, * * P P P P P * . * P 2 Nails) 5 Pet Care C C C C C C C C (Boarding and * * * * * * . * 45 Daycare) Pet Care P P P P P P P P P P P 5 (GroomiDl() * . * * 9 Pet Care p P P P P P P P P P P P 9 (II eterinary * * * * * * * * . * * . 46 Services) Photography p P P P P P P P P P P 5 Studio . . * Postal; Mail A P P P P P P P P P P P 2 Center . * * * * . * * * * * * 9 47 Repair; 1 Maintenance, P P P P P P P P P P P P 2 Personal and * * * . * * 5 Household Goods 9 Repair, Rental, & P P P Maint of Home; * p . 48 Garden Tools Repair, Rental, & P P P P P 4 Maint of Office, P P P P P * * * * P * 5 Home Equip May 2, 2007 5 P = Pennitted Residential Commercial Mixed-Use Indus Mise C = Conditional A = Accessory -Ie X = Prohibited r:t:l :::: 'Xi ~ ~ '> - N <"'l :r:: ~ -< @ ~ ~ .....:i .....:i * (see Legend) I I @ t:l.. 0 0 I , I I - U - - - - N <"'l ~ - N <"'l "<t r:t:l U ~ ;:J ~ ~ I 0 ;:J gz 0 J (see Legend) I I I I I I t:l.. I I I I ~ ~ - Z ~ ~ ~ ~ ~ ~ - t:l.. U U U U U t:l.. Cf.l t:l.. t:l.. COMMERCIAL Services continued A P P P P P P P P P P 3 Restaurant * * * * * * * * * * * 5 49 I Restaurant, Take- P P P P P P P P P P P P' 3 out * * * * * * * * * * * * 5 9 P P P P P 2 Travel Agency * * P P P P P * * * P 5 50 Tuxedo, Fonnal P p P P 2 Wear, Costume * p P P P P * * * P 5 Rental Videos, Games & p P P P P P P P P P 2 DVD Rental * * * * 5 OFFICE & HEALTH CARE Bank and P P P P P P P P P P P 2 Financia] Office * Business or P P I Professional * P P P P P P P P P P * 6 Office Copying, p p P P P 3 Printing, and Sign P * P P P P P * * * P * 5 Desi~ 9 Counseling P P p P P P P P P P P 2 * * 6 Diet / Nutrition P P P P P P P P P P 2 Center * * . * 5 Hospital P Infonnation & P P P P P P P 2 Data Processinl? * Investigative P p P I Service . P * P P P P P P P P . 2 6 Medical or Dental C C P P P P C C C P P 2 Imal!:inl~ / Testinl? . * 6 Medical or Dental P P II Laboratorv . Medical or Dental P P P P P P P P P P P 2 Office . * 6 Real Estate P P P P P P P P Business p p P Temporary P Employment p P P P P P P P P P 6 Agency . PUBLIC & CIVIC USES Cemetery P Church C C C C C C P P P P P P P P P P P P ]4 * . . * . * * . * . . 51 Community P p P P P P P P P P P P P P P P P P P P P Facilities * * * . * * * * . . * * . * . * . * . * p P P * 52 Essential Services p p p. P P P P P P P P P P P P P P P * * * * . p P P P P P 53 Organization, p P P P C C C C 5 Civic & Fraternal * . . . * . * . 54 May 2, 2007 6 P = Pennitted Residential Commercial Mixed-Use Indus Mise C = Conditional A = Accessory '" X = Prohibited CO :::: CI.l -< ~ ""> : ...... N M -< -< @ ....:l ....:l ....:l :I: ~ · (see Legend) , I , Q p., Q Q ~ , I ;:) I .- U ~ .- .- .- ..- N M ;:J :I: ...... ("oj M ~ CO U ;:J ;:J ~ I Q ;:l ~ 0 j (see Legend) r , I I I I p., :E I , , , :E :E :E :E - z ~ ~ ~ ~ ~ ~ - p., U U U U U p., CI.l p., t:l; PUBLIC & CIVIC USES continued Post Office C C C C C C P ARTS, ENTERTAINMENT & RECREATIONAL Adult X X X X X X X X X X X C C X C X X X X X P X X X II Entertainment . . * . . 55 Entertainment, P P P P P P P P P 5 Indoor . . . . . 7 Entertainment, C C 56 Outdoor . . Gym, Fitness & P P P P P 4 Health Cub P P P P . . . . . 5 7 Marina, P P P P P 7 (including Yacht . . . . . 57 Club) 2 Martial Arts, P P P P P P P P 5 Gymnastics, and * P P . P . . . . . . 7 Dance Studio 9 58 Museum, Historical & P P P P P P P P P P Cultural Rentals , Recreational P P P P P 5 (bicycles, canoes, P P P P . . . * . 7 personal 59 watercraft) Shooting Range, P P P Indoor Sightseeing & P P P P P P P P P P P I Scenic Tours . . . . . . * . . . . 7 60 Theater P P P P P C P P 7 . . . . * . . . 61 EDUCATIONAL College, University, P P P P C P P P P P C Seminary I C C C C C C P C P P P P P 5 Day Care . . . . . . . C C C C C . . . . . . 7 14 62 School, Other P P P P C P P P P P C School, Primary C C C C C C P 14 and Secondary . . * . School, Technical P II & Trade . Tutoring I P P P P C P P P P P C 6 Institutional . . . . . 7 INDUSTRIAL Manufacturinl , Fabrication. and Processing Bakery, P 10 Commercial . Beverage Mfg P 10 . May 2, 2007 7 P = Permitted Commercial Mixed-Use Indus Misc C = Conditional A = Accessory iC X = Prohibited ~ '> r.n ~ ~ '> , ..... N M li;Iil <: 0 ....:l ....:l ....:l ::I: '> · (see Legend) I I I 0 j;l., 0 0 ::> ::) ::) I I ..... U Eo-< ..... ..... ..... ..... N M ::> ::> ::I: ..... N M "t ~ u ~ ~ ::> I 0 ::> ~ 0 J (see Legend) ~ I I I I I j;l., ~ I I I ~ ~ ~ ~ ...... ~ ~ ~ ~ ~ ...... j;l., U U U U U j;l., 1ZI j;l., j;l., Z INDUSTRIAL Manufacturin2, Fabrication, and Processinl!: continued Converted Paper P Product . II Processing Dairy Products P 10 Mfg . Electrical Equipment, P Appliance & . II Component Assemblv Food Processing P 10 . Footwear & Other P 10 Leather Products . Frozen Food P 10 . Furniture P 8 Products . 10 Glass Products P 10 . Ice Cream & P 10 Frozen Dessert . Jewelry Mfg P 10 . Medical P Equipment & . 10 Supplies Metal, Fabricated P B Products . 10 Motor Vehicle P Seating & Interior . 10 Trim Ornamental, China, Fine P I Earthenware, & . 10 Pottery Paint, Coating & P II Adhesive * Phannaceutical & P 10 Medicine . Plastic Products P I . 10 Rubber Products P I * 10 Soap & Toiletry P 10 . Sporting Goods P 10 and Toys * Stone cutting & P I finishing . III Textile Products P III . Wood Products P III . May 2, 2007 8 P = Permitted Residential Commercial Mixed-Use Indus Mise C = Conditional A = Accessory ojc X = Prohibited 0::1 ; rJ:J ~ ~ ~ - N M ~ -< @ ....:i ....:i ....:i ::r:: r.il * (see Legend) I I I @ Il.. 0 0 ~ I I I I ...... U Eo-< ...... ...... ...... ...... N M ::r:: ...... N M -:t 0::1 U ~ ~ ~ ~ ~ I 0 ~ ~ 0 J (see Legend) I I I I I I Il.. ~ I I I I ~ ~ ~ ..... ~ ~ ~ ~ ~ ~ ..... Il.. U U U U U Il.. CI) Il.. Il.. Z INDUSTRIAL Storage, Distribution, & Wholesale Trade Packing & Shipping, P 8 Trucking, and * II Moving Storage, Boats ! II Motor! A A A A P 15 Recreational * * * * * Vehicles 63 Storage, Self- C C C C P 7 Service X X X X X X * * * * X * 15 64 Warehousing C P II * * 65 C P 8 Wholesale Trade * X X X X X X * II 66 INDUSTRIAL Services Boat Repair P II * 67 Carpet and p P P P II Upholstery * * * * 68 Cleaning Services Contractor P P 10 * * 69 Dry Cleaning P 8 Plant * II Exterminating P II and Pest Control * 70 Janitorial P P II * Lawn Maintenance & P P II Landscaping * * 71 Service Publishing & P Commercial * to Printing Radio & TV P P P P P P P 72 BroadcastinE * * * * * * * Recording Studio P P P P P Rental! Leasing, Industrial & P II Commercial * 73 Equipment Repair! Maintenance, p II Industrial & * 15 Commercial 74 Equipment Research & Development, P 75 Scientific / * Technological . P Security Services P P P * II Sewer! Septic & P II Waste Mgmt * 76 Cleaning May 2, 2007 9 P = Pennitted Residential Commercial Mixed-Use Indus Misc C = Conditional A = Accessory of< X = Prohibited a:l ~ CIJ ~ ~ ~ ..... N M ::r: ~ -< @ ....l ....l ....l * (see Legend) I I I @ p.. Ci 0 ~ I I I I ..... U ~ ..... ..... ..... ..... N M ::r: ..... N M '<t a:l U ~ ~ ~ ~ I 0 ~ ~ 0 j (see Legend) I I I , , I p.. :::E U I , I :::E :::E :::E ...... ~ ~ ~ ~ ~ ~ ...... p.. U U U U p.. CIJ p.. t:l-. Z INDUSTRIAL Services continued Taxi, Limo, P P P C P p 2 Charter Bus * * * * * * ]1 77 Testing P 11 Laboratory * . Towing, Motor P 8 Vehicle * 11 15 Section 4. Notes and Restrictions. 1. General Note a. PUD district. Commereial Non-residential uses located in a PUD must serve the needs of the PUD and not the general needs of a surrounding area. Areas designated for comrrx:rcial activities shall not generally front on exterior or perimeter streets, and shall be preferably centrally located within the project~ I:H'lless these eriteria '.vould be iaeansisteat ?"ith, or e13fJ:u:aryto, aaepted reae':elopment plans. In iflstanees '.vaefe a PUD in tfle COInffil:1Rity ReaelvelopmeRt .'\1'ea ineludes eommereial uses, it seall be developeaeonsisteRt with adaptod desiga guidelines or Fe€Jwemeats contained in redevelopment plans. 2. General Note a. PUD district and / or C-2 district. Gross floor area shall not exceed 5,000 square feet. 3. General Note a. PUD district and I or C-2 district. Gross floor area shall not exceed 10,000 square feet. 4. General Note a. SMU district. Buildings greater than 80,000 square feet shall require conditional use approval. Maximum footprint is 120,000 square feet. Building elevations shall aFe-te be enhanced with appropriate design elements to break up wall expanses (i.e. articulation, windows, columns, varied rooflines, etc.). 5. General Note a. MU-Ll district. b. MU-L2 district. c. MU-L3 district. Allowed only on lots fronting on arterial or collector roadways. Allowed only on lots fronting on arterial or collector roadways. Allowed only on lots fronting on arterial or collector roadways. 6. General Note a. MU-H district. Not encouraged as a first-floor use. May 2, 2007 10 May 2, 2007 7. General Note a. "Mixed-Use" districts. development. All uses allowed shall be integrated into a mixed use builing or 8. General Note a. M-I district. As a principal or accessory use. it is allowed if there is a milimum separation of three hundred (300) feet between the use and a residential zoning district Said distance shall be measured in a strail!ht line from the propertv line of the subiect use to the propertv line of the residential zoninl! district. 9. General Note a. M-I district. This non-industrial use is allowed within the M-I district but ishall only be located on a lot or leased parcel that fronts on an arterial or collector roadwar. 10. General Note a. M-I district. This industrial use is allowed on an arterial or collector roadway within le M- 1 district only if the establishment has an accessory commercial component to the opeation. This establishment will be required to meet the followinl! criteria: (1). Location. The accessory commercial comoonent shall be located within a blilding situated on a lot or leased parcel that fronts on an arterial or collector roadwaT. and (2). Interior. An indoor showroom of at least 250 square feet shall be reQuiRd for establishments 25.000 square feet or less. An indoor showroom area of at least one percent (1 %) of the grOSS floor area shall be required for establishments In'eatcr than 25,000 square feet. 11. General Note a. M-l district. This use is allowed within the M -1 district but it shall not be locad on a lot or leased parcel that fronts on an arterial or collector roadway. 12. Home Occupations a. All districts. Home occupations shall be permitted subject to these sJXCific regulations designed for the protection of residential neighborhoods, where all of the activitylakes place within a structure, and where the principal use is for residential purposes. In order f(J' any home occupation to be permitted or continue to be permitted, the following perforIEIlce standards shall be agreed to in writing by the applicant and be maintained for the duration If the occupational license: (1). Compatibility. The residential character and integrity of the neighbomood must not be disturbed and the occupational activity at the home shall IlIt be noticeable from off the premises. (2). Size. A home occupation shall only be conducted within twenty (20) pC2Cent of the living area of the dwelling including interior halls, closets and storage .eas, but excluding garages, screened porches, accessory buildings or any similar ~ace not suited or intended as living quarters. (3). On-site Restrictions. The home occupation shall be conducted at the licmsed address only by residents of that dwelling unit and shall only be the ~ of occupation which does not involve client business visits to the home, and is ty}ified by business transactions conducted by telephone, mail, or off premises cl the licensed address. (The giving of individual instruction to one (1) person at a lme, such as an art of piano teacher, shall be deemed a home occupation). 11 (4). Performance Standards. No equipment or process shall be used in a home occupation which creates fumes, glare, noise, odors, vibration, or elmrical interference detectable to the normal senses off the lot, if the occupaim is conducted in a single-family residence, or outside the dwelling unit if conducted in other than a single-family residence. In the case of electrical interfereme, no equipment or process shall be used which creates visual or audible interfereace in any radio or television receivers off the premises. (5). Traffic. No traffic shall be generated by a home occupation in greater v<i1mes than would normally be expected in a residential neighborhood, and any nczd for parking generated by the conduct of a home occupation shall be met by offiltreet parking which complies with Chapter 4. Article VI Chapter 23, Parleag Lo1s. (6). Storage. All storage of materials or supplies used in the home occupation SEll be done within the living area of the dwelling unit, within the space limi1ltions specified in subsection 2 above and shall not be visible from adjacent resitkntial units. Contractors, tradespersons and the like shall not use their home gange or yard areas for storage of materials and supplies used in business activities. (7). Signage. No sign or display shall be visible other than a non-illuminated si1Jl, not exceeding two (2) square feet in area, placed on the exterior wall of the resideace as close as practical to the front entrance. (8). Parking. A panel, pick-up truck, van, or similar type of truck, not to exczed a EWeF one ill ton chassis configuration~ may be parked in a residential zoning cDtrict. However. such 8Heh vehicle, however, must be used by a resident of the premises, and no more than one (1) such truck shall be located on each plot. (9). Miscellaneous. A home occupation shall be subject to all Business Tax ocel:ijJatioflallieense provisions defined in Part II. Chapter ehapter 13 of the Bqnton Beach Code of Ordinances. 13. Live-Work Units a. SMU district. e. Live/'.vork Units. This subsection provides for the ua: of residential structures to accommodate live/work opportunities. Live-Work Units shli be specifically designated on the site plan, and comply with the following standards and requirements. These provisions are not applicable to dwellings or occupations that meet the definition of home occupation in Seetiofl 11.D of this ehapter. (6) SitePlan R-e€.ll:liremem:. All respective site plan pages shall identify all proposed Live-Work UnitJ and buildings. Live-Work Units shall be tallied in the site plan tabular data. (1). Location. W To minimize impacts to the greater neighborhood, units pl<m1ed for Live- Work Units tl-SeS shall be located at the perimeter of the residential pmject or along the project's principal roadway, and/or where possible, adjacellt to perimeter/external rights-of-way. (2). Use(s): (2) Permittod Uses. Non-residential uses that are permtted in Live- Work Units are generally limited to professional service, business servia:, or tutoring services. A listing of common uses pennissible in Live- Work Units, sliject to issuance of occupational license are located in subsection 16 below. No work activity shall be permitted that by virtue of intensity or number of employees has the potential to create impacts by reason of traffic, parking issues, hazardous materials, or excess waste. The followine: list identifies the permitted uses within desigmted Live-Work Units. subiect to Business Tax requirements: BUSINESS SERVICE Addre~sing service/mailing list compiler Arbitrator, mediator services Cleaning services, maid, housekeeping, janitorial Commercial artist/design studio Commercial photography Computer programming service May 2, 2007 12 Computer software development Data processing Direct mail advertising services Editing, proofreading, typing service Paralegal Party supplies, rentallleasing (office only, no storage on site) Private investigator Recording service Secretarial service Boat broker (office only) PERSONAL SERVICE Alteration, dressmaking shop, tailor PROFESSIONAL SERVICE Abstract and/or title company Accountant/income tax services Adjusters, insurance Advertising office Appraiser Architect Attorney Auctioneer (office only) Author Broker Business analyst Calculating and statistical service Court reporting/stenographers Credit reporting Engineer's office Importer/exporter (office only) Insurance agency/bond office Interior decorating Loan company office Market research office Model agency Notary public office Public relations office Real estate sales/management office Travel agency OTHER USES Tutoring or instruction (academics, music, art) Art studio with ancillary sales (3). Floor Area. The minimum floor area of a Live- Work Unit shall be LOOO square feet. No more than 750 square feet of the Live-Work Unit shall be reserved for living space, including kitchen, bathroom. sleeping. and storage areas. The remaining grOSS floor area of each unit shall be reserved and regularly usal for sleeping space. (1) UFl.it requiremeRts. (a)No more than 30~<' or foar ffimdred (100) square feet, whiefiever is greater, of tHe Lbc Wark [Ini! shallse lltilized fDr ...vorking space. Vlorldng space sRall be loeated en tRe gro1:lfld level and sRaI not utilize garage or liying spaees. (4). Construction. fbj EachLive-Work Unit shall be a separate unit from other uses in the building. The ground floor of all Live- Work Units shall meet the Florida Building Code requirements for mixed occupancy buildings. Each unit, including the garage, shall be separated by walls from other Live-Work Units or other Usts in the building. May 2, 2007 13 May 2, 2007 (5). Accessibility. fej Buildings designated as Live-Work Units shall provide universal accessibility to the front and to the interior space of the nonresidential area of the Live-Work Unit from the public s.idewalk adjacent to the street. (6). Miscellaneous. (3) Oeol:lflanoy aftd Employees. No more than two (2) <I1-site employees, in addition to the resident(s) of the Live-Work Unit, may undertake business activities from said unit. At least one resident of an individual Live-Work Unit shall maintain a current occupational license for a business located in tha unit. Acknowledgment, in the form of an affidavit, of the employee limitation shall be made by the unit resident, at the time of application for an occupational license. The work area shall not be rented separately from the living space. b. MU-Ll district, MU-L2 district, MU-L3 district, and MU-H district. The following restrictions apply to proiects within zoning districts that contain Master Plans approved forLive- ~m~m: . (1). Floor Area. The minimum floor area ofa Live-Work Unit shall be 1,000 square feet. No more than 750 square feet of the Live-Work Unit shall be reserved for living space, including kitchen, bathroom, sleeping~ and storage areas. The remaining rest of the gross floor area of each unit shall be reserved and regularly used for sleeping space. (2). Use(s). e. Permitted ';lork aethity. The work activity in a building where Live / Work Units are allowed shall be any use permitted by right in the zoning district, except that in order to protect the health and safety of persons who reside in a Live-Work Unit, no work activity shall be permitted that by virtue of size, intensity, number of employees or the nature of the operation, has the potential to create significant impacts by reason of dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration or other impacts, or would be hazardous by way of materials, process, product or wastes. (3). Construction. 6 Each Live- Work Unit shall be a separate unit fromother uses in the building. (4). Accessibility. Access to each Live-Work Unit shall be provided from common access areas, common halls or corridors, or directly from the exterior of the building. (5). Separation. Each Live- Work Unit shall be a separate unit from other uses in the building. Access to each Live- Work Unit shall be provided from common access areas, common halls~ or corridors, or directly from the exterior of the building. (6). Miscellaneous. f. No oonyersion of units. At least one illresidentofan individual Live- Work Unit shall maintain a current business tax receipt oeel!fla1ional lieeftse for a business located in that unit. g. N 0 separate sale or rentalef flartiEnG of 00#: No portion of a Live-Work Unit may be separately rented or sold as a commercial space for a person or persons not living in the premises or as a residential space for a person not working in the same unit. h. No eOFlversiIJR of ~ No Live- Work Unit shall singly be changed to exclusively commercial or exclusively residential use. No conversion of all Live-Work Units in a single structure to exclusively residential use shall be permitted, where the work portion of the units is the only commercial use in a project, nor shall conversion to exclusively commercial use be permitted where the live portion of the units is the only residential use in a project. 14. Non-residential uses in Sinide-familv Residential zoninl! districts a. R 1 J~'\...\ distriet, R-I-AAB district, R-l-AA district, R-I-A district, and R-I district. The following applies to facilities to be located within zoning districts limited to single.: family homes. . (I). Location. Along the following roadway types as designated in the City ofBo)'l1ton Beach Comprehensive Plan: arterials and collectors. (2). Lot size. One (1) acre. (3). Frontage. A minimum frontage of one hundred-fifty (150) feet. 14 May 2, 2007 (4). Landscaping. A minimum buffer width of five (5) feet and a landscaping barrier shall be required for all parking and vehicle use areas, and outdoor recreation areas that abut single-family residential zoning districts. (5). Separation. Distances between residential properties and outdoor play areas shall be maximized. 15. Prohibited Activitv a. Major and minor motor vehicle or boat repair, including oil changes, adding of oil or lubricants, and installation of new tires, is prohibited in public parking lots or spaces, and commercial parking or loading areas and is declared to be a public nuisance. COIlUll:rcial property owners engaged in the sale of motor vehicle or boat parts, oils, or lubricants, shall post notices within their premises in close proximity to check out counters or exit doors notifying customers of this prohibition. Violations of this provision of the code is subject to enforcement through code enforcement action, nuisance abatement action, municipal ordinance violation, or action for injunctive relief. Law enforcement officers are authorized to issue notice to appear for violation of this section. (Ord. No. 99-01, S 1, 1-5-99) .\RTICLE m. PROHIBITED ACTIVITY See. 1. Prohibited aeti'lity. 16. Dwelling:. Sing:le-familv (Detached) a. C-1 district. A single-family occupancy is a permitted accessory use when it is incidental and necessary to an allowed maffi commercial (principal) use is permitted. b. C-2 district. A single-family residence, incidental to a permitted, commercial use, located on the same lot as the commercial use. Such residence shall have a minimum living area of 750 square feet and shall be limited to occupancy by the property owner or business owner / operator. c. PID district. Single-family and Duplex-Residential uses are prohibited. 17. Dwelling:. Two-familv a. C-3 district and PCD district. Shall comply with the R-2 R-J. district regulations. b. PID district. Single-family and Duplex-Residential uses are prohibited. c. MU-H district. Residential uses within mixed-use structures shall not be located (l1 the ground floor, which shall be reserved for non-residential uses. 18. Dwelling:. Multi-familv a. C-3 district and PCD district. Shall comply with the R-3 district regulations. b. MU-H district. For those properties with frontage on an arterial road, a Multi-familv Dwelling is allowed as a permitted use if the ground floor fronting the arterial is devoted to <ifice or retail use. Otherwise it-4s-a conditional use approval is required. 19. Bed & Breakfast Seation I e. Bed afld breakfast. .^~. PURPOSE. It is the pl:llj'lose ohhis seotion to pn)'/4de a minil'ffilm set of standards to allo',v bea ana breakfast establishmems vlitfl4.n oertain zoning dismets DHRe oity, '.'.<Bile setting forta eriteria to differentiate them freffi beanHng or rooming Rouses. Bed and breakfast establishm.ems shall bo approyed throagB the Department of De'/elopment and City Co1'l'1mission by speeialland ase and bailding permit preeeEhlres. B. REGULATIQNS AND ST.^.NDARD8: 1~ "Bed and breakfast establishment" shall be defined as [ollo'1"s: .^~ private OWRer ooetlpied residenee ha'ling mere taafl thi"ee and less than ten gllest bedroom l:ffiits. The berland breakfast establisament is sl:Hlordinate and ineidental to tae main residential ase oftRe bailamg. 15 2. In additian to the reql:lirements of the uBderl)qRg zaniRg district, all other apfllieaele geaeral regHlati0ns, pai"lciRg regulatioRs, speeial conditions imfl8se€l tm-O\:lgh fue e0RditioBal use proeess, and loeal, state afld f-ederal bHildiRg eades, the follovliRg rtlquiremems shall apply to bed and brealcfast establishments: " a. Eash liflfllication to the DeflartmeRt of De'/elopment shall be aecompafliea by: (1) .^~ detailed site plan illl:lstra{iRg the 10eatioR of all struotl:lres and improvements, parking, ElI:l.ffering, landoeapiRg the loeation of guest rooms!uRits aBd g'l:lest parkiRg spaees aad sigHS shall be submitted f{)f" conditiaBal use approval by the €lity. (2) Fl80rplans dFa'lm to seale sho'?qng eaeh of the guest W1its to be desigFlatee and the a€leess to, aad egress from, ea€lh sHoh l:H1it. ..^Jl '?ralls separatiag gHest \ffii15 in a structure shall ee fireg\:la-rded to the two hOHr time limit. (3) '.\'here exterior ohanges are proposed, an ele'/atioa, or other vls\:lal represefltation, of the faoade to be changed sl:lffieieRt to show the ar€lhite€ltl:lral oo.BFaoter of the dwelling is maintaiRe€l as a single family stnlet\:lre. Efforts should be rnaae to ensure the stmeture is eonsistent '.vith the integrity of the Reighborhood iR whieli it is located. b. Zoning restrictions: Sueh faeilities shall ee allowed enly 1:lfl0R land fua{ is zenee for resideatial strue1ui'es. a. Generallv. o. LieeHses and permits: Prior to the +he establishment and operation of a Bed & Breakfast. shall obtain all required business licenses and health permits ana shall be obtained in compliance otherwise €lomply with all building, sign, sanitary and fire codes. Prior to the issuance of a business tax certificate an oecupat-ioaallieense, which shall be renewed annually, the City Building Offieial shall conduct an inspection of the property to detennine compliance with the current requirements of the City's regulations. Land Development RegulatioRs and State Building Codes. and conditions of approval. d. Parkiag: Reqwred flarkiFlg sflaoes shall be ealeulated an the basis of Ofle sflase per each employee, manager or OV1:a8r and one parkiag spaee for ea€lh guest feom'-1:lFlit. Nev/ly 6feated parld:ag may ee loeated eBly in the rear and side yard. b. Interior. (1). Common Area. e. Cammon Area: Within each Bed & Breakfast eee aHd brea~cfast establishment, a separate common are~ must be provided for both a central dining area and for at least one ffisitting / reading / discussion room. (2). Rooms. f. Number of units: The number of bedrooms and bathrooms are to remain unchanged unless modifications are necessary to comply with Building;. Fire. and / or Health Codes provided should ee as existed whell. the structure was origiaally eonstrueted, ineludiFlg additions, \:lflless modifieations are aeeessary to somplY'.'Iith B\:lildiFlg, Fire~ and.' or Health Codes. c. Miscellaneous. g. Restrictioas OR \:lse and employees: (1). Cookinl!. fB Except as hereinafter provided, there shall be no cooking facilities or food storage in any guest unit. Breakfast shall be the only meal provided for paying overnight guests. The breakfast meal shall not ee served after 11 :00 a.m. (2). Maximum Stay. ~ The maximum stay for each ~individ1:Hi1 'o'.'ho is using the fa€lility shall be 14 consecutive days and not more than 14 days during any 45 day period. The owner and / or manager shall maintain a guest book, which accurately identifies all guests oustomers for each night's lodging. This register of guests shall be available for city inspection to City mspeetors during reasonable business hours. May 2, 2007 16 May 2, 2007 (3). Owner. f.B The owner of the Bed and Breakfast establishmelt must reside in the iHR or else'.vhere on the premises. h. Sigaage: /.11 sigas shall eonfoml to the regulatiens of the lffidll'lying zoniFlg distriot. (4). Retail Sales. h Items for sale: Commercial social events and sa~ and/ or display of merchandise are is prohibited in the Bed & Breakfast bed and breakfast establishment. (5). Kitchenettes. t. Existing kitchenettes within one ilior more guest units of a bed and breakfast establishment are considered within the scope of this section and will not have to be removed. (Ord. No. 98-42, S 1-2, 12-1-98; Grd. No. 00-47, S 1-2,9-19-00) 20. Hotel & Motel (includes Boutique. Extended-stay. Apartment, Timeshare'Apartment) a. C-3 district. Timeshare Hotel shall comply with R-3 district regulations. BOlltique Hotels are not listed as permitted uses. b. C-4 district. Boutique Hotels and Timeshare Hotels are not listed as pennitted uses. c. CBD district. Apartment Hotels require conditional use approval. d. PCD district. Timeshare Apartments shall comply with R-3 district reguhtions. Boutique hotels are not listed as permitted uses. e. SMU district. Hotels require conditional use approval. Apartment Hotels, Boutique Hotels, and Timeshare Apartments are not listed as permitted uses. Motels are prohibited uses. f. MU-L1 district, MU-L2 district, and MU-L3 district. TimeshareHotelsarenctlisted as permitted uses. Boutique Hotels and Motels are prohibited uses. g. MU-H district. Boutique Hotels require conditional use approval and must be inteuated into a commercial or mixed-use development and not exceed 30% of the grOSS floor area of the entire development .Furthermore, BoutiElHe Hotels Fm:lst be integrated iato a eOmffieraial or mixed use de';elo13ment and Flot exoeed 30% of the gross floor aFea oithe eatH-e aevel0fllRent, eonstrneted yfithin tbe same strnetltre as the remaining ea:mmereial or mixea Hse ae'lelof)IRElflt. Apartment Hotels and Timeshare Apartments are not listed as permitted uses. Motels are prohibited uses. 21. Group Home Types 1 throu2h 4 a. Type 1. (1). Interior. (a). Common Area. At least 10% of the total floor area shall be devoted to a common area. exclusive of halls. corridors. stairs. and elevator shafts, wherein a variety or recreational or theraneutic activities may occur. Rooms. Residents' rooms or suites shall. in no case, have kitchen facilities available for the preoaration of food. Desi2n. For new construction. the facility shall have buildinl! elevctions that are residential in character and similar in appearance to the surrouooing neil;!:hborhood. They shall not be institutional in appearance. Separation. Shall be located not less than 1,000 feet from another ~ Home (rel!ardless of Tvpe) as measured by direct distance between pr lines. Where these facilities are currently located at less than this minimum distance. such facilities shall not be expanded. Types 2, 3. and 4. (1). Interior. (a). Common Area. At least 10% of the total floor area shan be devoted to a common area, exclusive of halls, corridors. stairs, and elevator shafts, wherein a variety or recreational or therapeutic activities may occur. (b). (2). (3). b. 17 May 2, 2007 (2). (b). Rooms. Residents' rooms or suites shall. in no case. have kitchen facilities available for the preparation of food. Separation. Shall be located n?t less than 1.000 feet from another Gro: Home (regardless of Type) as mea:sured by direct distance between prope_ lines and not within 600 feet of property zoned for single-family dwellings. Where these facilities are currently located at less than this minimum distance. such facilities shall not be expanded. 22. Art., Book. Craft. Hobbv. Music. Sporting Good. & Tov Store a. C-2 district. Gross floor area shall not exceed 5,000 square feet. The sale of ammunition or firearms is prohibited. . b. CBD district. Bait and tackle shops are permitted as an accessory use to Marinas. includinf! Yacht Club. c. "Mixed-Use" districts. The sale of ammunition or firearms is prohibited. 23. Auto Dealer. New a. MU-L3 district and MU-H district. Shall be part of a mixed-use development. Indoor storage / display only and shall not exceed 10,000 square feet. This use excludes Automotive, Minor Revair. and Auto Car I Wash. Conditional use approval shall be required if all or a portion of the inventory is located within a parking garage / structure. (1). Access. Shall not be directly from any major roadway (2). Stora2e. No outside storage of materials. parts. and vehicles. (3). Desi2n. Overhead doors shall not be visible from any maior roadway frontage. (4). Loudspeakers. No exterior loudspeakers or paging equipment shall be permitted on-site. 24. Auto Dealer. Used a. MU-L3 district and MU-H district. Shall be part of a mixed-use development. Indoor storage / display only and shall not exceed 10,000 square feet. This use excludes Automotive. Minor Repair. and Auto Car I Wash. Conditional use approval shall be required if all or a portion of the inventory is located within a parking garage / structure. (1). Access. Shall not be directly from any major roadway (2). Stora2e. No outside storage of materials. parts. and vehicles. (3). Deshm. Overhead doors shall not be visible from any major roadway frontage. (4). Loudspeakers. No exterior loudspeakers or paging equipment shall be permitted on-site. 25. Beer. Wine. & Liquor Store a. All districts. Subject to the provisions of Chapter 3, Alcoholic Beverages, PartI!. of the City Code of Ordinances. b. C-3 district. CBD district. and PCD district. Conditional use approval shall be required if located within 200 feet of a residential zoning district. 26. Boat Dealer / Rental a. C-4 district. Boat Dealer I Rental. as a principal use, shall exclude the repair or service of vessels on the premises. ExohiaiFlg repair Elr serviee oFl}3fefl'lises. A Boat Dealer I Rental is allowed as an accessory use to a Marina but conditional use approval is required No exterior loudspeakers or pa~ng equipment shall be permitted on-site. b. MU-H district. Boat Dealer I Rental is allowed as an accessory use to a Marina but conditional use approval is required. No exterior loudspeakers or paging equipment shall be 18 May 2, 2007 permitted on-site. In eORjlmetien with a pennitted marina 1:1se. Storage / display allowed only in wet docks or indoor not to exceed 10,000 square feet. The sales, rental, service, repairs, and storage of marine trailers are prohibited. The sales, nmtal, servioe, reflairs, afld stOfage of marine trailers are prohibited. MariRe tl1:1stOmiziRg, aetailiRg, serviee, parts, or repair is all'll:) prolMited. 27. Convenience Store a. All districts. Subiect to the provisions of Chapter 3. Alcoholic Beverages. Part It of the City Code of Ordinances. b. PUD district. C-2 district. C-3 district. and C-4 district. Conditional use approval shall be required if located within 200 feet from a residential zoning district. c. CBD district. Shall exclude drive-through facilities. d. M-l district. Gross floor area shall not exceed 10.000 square feet. Conditional use approval shall be required if located within 200 feet from a residential zoning district. 28. Gasoline Station L. COMMERCL\L EST:\.BLISHMENTS ENG.A~GED IN THE RET:\IL E.\LE OF G.\SOLINE OR G;\SOLINE PRODUCTS. 1. P1:lrpese. The flUl'pose oftflese reg1:1Jations is to establish aeyelapm.ent stafl6aFaS fDr eomm.ercial establisRmeFlts '.vhieh eRgage in the sale of gasoliFle, or other m.oter fuels. These regulatioFls are inteDdea to eaT/or bl:lsinesses of any type, incl1:lwFlg eORvemeRee stores and automothe serviee statisRs. Tho deT;elopment staBElards established by this seeti('lR w01:lld overla-ythe aevelopmeRt eriteria stated in the zaniFlg distriet in v:hieh these 1:lses are allov/ed. BusiResses, whieh eRgage in the sale of gasoline or othor motor fuels, shall require eODditional use approval. a. All districts. (1). Location. Gasoline Stations. operating as principal uses are onlv allowed on properties located at intersections of rights-of-way consisting of four (4) or more lanes as designated by the Comprehensive Plan. excluding Local Streets. A maximum of two (2) Gasoline Stations shall be allowed at each intersection. and located at diagonal corners. A Convenience Store with retail gasoline sales is considered to be a Gasoline Station and is therefore. restricted to these location requirements. ..^JI Gaaef.il'lC SUltifJl'ls ~ not detenmRed to be ancillary uses~ shall be loeated oFlly at the iBterseeti9R~ of any eombinatian of as designated iR the BO)'Rtan Beach Compreheasive Plaa the follovling maas: (a). County arterial; (b ). State arterial; (c). Loeal eolleetor, or (d). C01:l1RY eolleotor. (e). ~ GssfJUnc Stalian dispeasin.g estaelishment shall only be leoated at any iRterseetioFls eonsisting of roaas of fOlH (4) lanes or wider. (t). The maJCiFffilffi mmmef of GasaU1'Ic SffltifJns wspefl:sing establishments looatea at afl)' intersection shall be t'.'/o (2). Gas8f.il'lC SUltians clispElfisiFlg establisameFlts shall only be Ioeated at Eliagonal eorners of Jlennissible interseotions (2). Lot Size. Minimum tHat lot size: thirty thousand (30,000) square feet. (3). Frontage. Minimum street frontage: one hundred seventy-five (175) feet on each frontage measured from the intersecting right-of-way lines of the public streets. (4). Access. (a). Only one (1) access driveway is allowed from each major street frontage. Driveways shall be located a minimum of 50 feet from the intersection unless county or state standards require a greater distance. (b). Driveways shall be a minimum of thirty (30) feet and a maximum of forty-five (45) feet in width; (c). Driveways shall not be located less than thirty (30) feet from any interior property line; 19 May 2, 2007 b. (5). Setbacks. (a). No canopy shall be located less than twenty (20) feet from any property line; (b). No gasoline pump island shall be located less than thirty (30) feet from any property line; (6). Storage. No outside storage of materials, parts, and no overnight storage of vehicles outside. (7). Design. (a). All Gasoline Stations located on designated out-parcels to shopping centers, business centers, or other planned commercial develo}Xllents shall conform in design to the approved design plan of the principal center. GaSfJRnC shall oOflform to the eOlIllmlflity, aesiga plan; (b). All Gasoline Stations shall conform to the community design plan; (c). No Gasalinc SkItifJ1ZS shall be permitted to advertise proElHet priliRg on the site sign identifyiag the primary tenant or oool:lpant. Except for where otherwise approved on a Master Sign Program, Gasoline Stations shall only be permitted to advertise on signage located within the property boundaries. (8). Landscapinl!. See landscaping standards in Chapter 4. (9). Lighting. See lighting standards in Chapter 4. C-2 district, C-3 district, C-4 district, and PCD district. (1). Use(s) AIJowed: A Convenience Store, Auto / Car Wash, Automotive. Minor Repair, and Automotive Window Tintinf! / Stereo Installation / AlanIS are allowed as accessory uses to Gasoline Stations. (2). Setbacks Except for properties located within the Urban Commercial District Overlay Zone, the following building setbacks shall apply to all structures on the property including the primary structure, or any accessory structures such as car washes or above-ground storage facilities. (a). Building Front (and side comer) - 35 feet; (b). Building Side - 20 feet; (c). Building Rear - 20 feet; (d). Automated Car Wash - The entrance to an automatic car wash shall be setback no less than a bl:lildiflg whereiH motor vehioles are washed by meehanioal meaas shall be laeatea amiaiImlm distanee of seventy-five (75) feet from the street lffies in order to provide for an area of vehicular queuing (stacking) ta pro','iae an off street area of ':l1litiHg '/ehioles. CIH" ','lashes shall be a permitted aeeessory lise at gaseline dispeHsiag esta-blishmems. An accessory Auto / Car Wash Car wtlshcs shall be fully automatict and recycle all water used in the car washing process. (3). Separation. Distanee separation requirements. No Gasoline Sf/ltion gasoliae dispeRsing estaalishmeat shall be located within two hundred (200) lineal feet from a residential zoning district strnetw-c. Distanees f-or the plirpose of this slibsllEltion shall be measured from the bONfldaf)'liae ofthe paroel 9fl whioh the gasoHae dispeRsing establisbmeRt is looated to the elosest b01:lfldary ',vall of the resideRtial strueture. MU-L3 district and MU-H district, (1). Use(s) AIJowed. A Convenience Store is allowed as an accessory use to a Gasoline Station. (2). Setbacks. (a), Building setbacks shall meet those required by the applicable zming distri ct. (b). Canopy structure over the fuel pumps shall be located either to the side or rear of its associated principal the sales offiee building. c. 20 May 2, 2007 29. Grocerv Store a. CRn distriet. Dri':e trn-Ol:lgh faeilities an~ prohibited. b. MU-Ll district, MU-L2 district, MU-L3'district, and MU-H district. Gro~ floor area of grocery store must be a minimum of 15,000 square feet and a maximum of80,000square feet. 30. Hardware Store a. cnn district. Excluding lumber or building materials dealers, lawn & gardenshops, glass, electrical, plumbing, heating supplies, and the like. b. MU-Ll district, MU-L2 district, MU-L3 district, and MU-H district. Indoor ~orage / display only and shall not exceed 10,000 square feet. 31. Marine Accessories a. C-2 district. Excluding any installation on premises, and excluding machine shop service. b. MU-Ll district, MU-L2 district, MU-L3 district, and MU-H district. Indoor liJrage / display only and shall not exceed 10,000 square feet. The sales, rental, service, repaiD, and storage of marine trailers are prohibited. Marine customizing, detailing, service, parts, or fq>air is also prohibited. 32. Merchandise, Used (Consie:nment, Pawnshop, Thrift) a. PUD distriet. Gross floor area shall Rot eJ(seed 5,000 sql:lare feet. CaH:sieBRent. PWliRsflOfl, TlHift, .^~l:letioR Heuse, Flea Marl€et (Jaaoer ,I Outdoor), aRa Swap Baal" ~Of ,I OHtaoor) are 13f0ftibited l:lses. b. C-l district and C-2 district. Consiwment, PawnshoD, Thrift, Auction House.Flea Market (Indoor / Outdoor), and SwaD ShOD (Indoor / Outdoor) are prohibited uses. c. C-3 district and C-4 district. ConsiJmment, Pawnshop, and Thrift Stores are linited to 5,000 square feet of grOSS floor area and shall be located not less than 2.400 feet apllt, as measured by direct distance between property lines. Where these stores are currently loc*d at less than this minimum distance, such stores shall not be expanded. All new applicatims to operate such uses or applications for building permits to expand such uses shall be accommnied by an affidavit which certifies that the provisions of this paragraph would be complied with. Exterior storage and display in connection with such uses shall be prohibited. Auction House, Flea Market (Indoor / Outdoor), and Swap ShOD (Indoor / Outdoor) are prohibited uses. d. CnD district. Consignment, PawnshoD, Thrift, Auction House. Flea Market (Indoor / Outdoor), and SwaD ShOD (Indoor / Outdoor) are prohibited uses. e. PCD district. Consignment, PawnshoD, and Thrift Stores are limited to 5,000 square feet of grOSS floor area and shall be located not less than 2.400 feet apart, as measured by clirect distance between property lines. Where these stores are currently located at less than this minimum distance, such stores shall not be expanded. All new applications to operate such uses or applications for building permits to expand such uses shall be accompanied by an affilavit which certifies that the provisions of this paragraph would be complied with. Exterior stnge and display in connection with such uses shall be prohibited. Auction House. Flea M.rket (Indoor / Outdoor), and SwaD ShOD (Indoor / Outdoor) are prohibited uses. f. SMU district, MU-Ll district, MU-L2 district, MU-L3 district, and MU-H district. Consirmment, PawnshoD, Thrift, Auction House, Flea Market (Indoor / Outdoor), and SwaD ShOD (Indoor / Outdoor) are prohibited uses. 33. Merchandise, Used (Antique Shop) 21 May 2, 2007 a. All districts. Gross floor area shall not exceed 5.000 square feet. AnAuctionHouse is allowed but only as an accessory use to a lawful AntiQue Shoo. Auction House (as a pmcipal use). Flea Market (Indoor / Outdoor), and Swap Sh7v (Indoor / Outdoor) are prohibited uses. 34. Nursery. Garden Center. & Farm Supply a. AU districts. Conditional use approval shall be required iflocated within 200 f~t ofa residential zoning district. 35. Pharmacy & Drue Store a. MU Ll distriet, MU L2 distriet, aDd MU L3 distriet Notp~tteaeRpr-op~'.vith Federal Highwa-y fraFltage iR the !\oW L Distriets uRless mtee:ratea iHto a miJ(ea use aevelEtJffient Clonsisteflt '.vith Nate two (2) restrietioFl Rote six (6). b. MU-H district. Use shall be subject to the following distance separation requinments from similar uses, measured in a straight line, using the shortest distance between property lines shall be the following: (1). 750 feet: For uses with less than 5,000 square feet of gross floor area; (2). 1,500 feet: For uses with a gross floor area equal to or greater than 5,000gross square feet. 36. Auto / Car Washes (Polishine. Waxine. Detailine) a. C-2 district, C-3 district, C-4 district, and PCD district. Only a fully automate~stvle Auto / Car Wash facility is allowed as an accessory use to a Gasoline Station prO'.ided Alat at least OHe (1) rraFltage lies aleag a f-elM' laRe eolleetor or arterial roaa, aRa the site is developed in aeeordaRee ':lith a gasaline aispensing establishmeflt as eoma-med hereiFl. However. condiional use approval is required for this component of the establishment. 37. Automobile Rental a. C-3 district. Allowed as an accessory use to Automotive. Minor Revair. Condiional use approval is required. In addition. the following: criteria must be met: (1). Location. On sites greater than seventy-five (75) acres and onlv within a seprrate building in a shopping center, Automobile Rental PasseRger ear remel is allowedas-afl aeeessory use ':;ithiR saia bl:lildi:Hg subject to the following additional conditicas: (a). The customer service area shall be located within sate the building bein!used for an Automotive. Minor Revair: (b). No more than twelve (12) automobiles shall be stored on-site for the pupose of rental, and such automobiles shall be stored in marked stalls; (c). No fueling or refueling of automobiles shall be permitted on-site. b. C-4 district. Conditional use aporoval shall be required iflocated within 200 fe<< of a residential zoning district. Automotive. Minor Revair is allowed as an accessory IE to Automobile Rental. provided that the service and maintenance of the fleet vehicles is relegc:rd to the rental operation and not open to the public. c. PCD district. All uses listed in 8eetioR 6.C.l of these zORing regl:llatioRs prollaed however, that HUses listed as conditional uses '.vill Rot be reEJ.uirea to see1:lre eoaaitional use approval would be considered permitted uses if the following conditions are met: (1). If shown on the originally approved master plan r6qHired as a part of this submision, aftEt (2). Uses will not be subject to the minimum acreage requirements of the C-3 zCI1ing district of 8eetien €i.C.l. if the site meets the minimum acreage requiremeD for rezoning to PCD; and (3). All portions of any building dedicated to such use are separated from residenlally zoned property by a distance of 200 feet. 22 May 2, 2007 d. MU-L3 district and MU-H district. The indoor ffi4eeF storage / display <t fleet vehicles are permitted but shall not exceed I 0,000 square feet. Conditional use approval iall be required if all or a portion of the inventory is located within a parking garage / structure. (1). Access. Shall not be directly from IDW maior roadway. (2). Stora2e. No outside storage of materials, parts, and vehicles. (3). Desi2n. Overhead doors shall not be visible from any maior roadway fr(](tage. 38. Automotive. Minor Reoair a. C-2 district. Automotive. Minor Repair is allowed as an accessory use to a G~oline Station. Conditional use approval is required for this component of the establishment. b. C-3 district. Automotive. Minor Repair is allowed as an accessor.v use to Auto.obile Rental, provided that the service and maintenance of the fleet vehicles is relegated to therental operation and not open to the public. Automotive. Minor Repair is allowed as a principal1Be but conditional use approval is required and subject to the following: (1). Location. Automotive. Minor Repair This l:lse is not permitted on site~ le~ than five (5) acres in size. (a). On sites of greater than five (5) acres and less than seventy-five (75) aCBS, all such uses shall be located in either a principal building of a shopping Ietlter or in a subordinate, stand-alone building and / or outparcel wilin a commercial Master Plan, provided that the subordinate stand-alone bliding and / or outparcel within a commercial Master Plan is not located betwtzn the principal building and an adjoining right-of-way or between the pn.:ipal building and abutting residentially zoned property. (b). On sites of greater than seventy-five (75) acres all such uses will be allo1l:d to be located in a separate building in a shopping center. For the purpose .this section, motor vehicles shall mean only motorcycles, mopeds, passenger cars (a motor vehicle with motive power, except a multipurpose passenger ~cle or motorcycle, designed for carrying ten (I 0) persons or less), or multiplIpose passenger vehicles (motor vehicle with motive power designed to cany ten (10) persons or less which is constructed either on a truck chassis or with special features for occasional off-road operation). All repair and servi:e of vehicles shall be done within an enclosed building. c. C-4 district. Conditional use approval shall be required iflocated within 200 feG of a residential zoning district. Automotive, Minor Repair is allowed as an accessory we to Automobile Rental, provided that the service and maintenance of the fleet vehicles is releg-*<l to the rental operation and not open to the public. d. PCD district. Automotive. Minor Repair is allowed as an accessory use to Autorsbile Rental, provided that the service and maintenance of the fleet vehicles is relegated to the Ental operation and not open to the public. Automotive. Minor Repair is allowed as a principal \S but conditional use approval is required. }\lll:lses listed in Secti0R 6.C.l oftaese zORing regliJaons provided hO';iever, that uses Uses listed as conditional uses '1.'ill Rot be reql:iired to falHrEl ceneHtieRall:ise approyal would be considered permitted uses if the following conditions aremet: (1). If shown on the originally approved master plan reql:lired as a part of ~is submission, and; (2). Uses will not be subject to the minimum acreage requirements of the C-3 zllling district of Section 6.C.I. if the site meets the minimum acreage requiremeJI for rezoning to PCD; and (3). All portions of any building dedicated to such use are separated from residemally zoned property by a distance of 200 feet. e. M-l district. Excluding the keeping of vehicles in violation of Chapter 9, "^.rtiele ., of the City of Boynton Beach Code or Ordinances, and excluding alitomebile serviee Ga..ine Stations selling motor fuels at retail. Any exterior storage of motor vehicles or boats in a wnlked condition shall be permitted only in connection with a lawful principal use allo'Ned elsewRlIe in 23 May 2, 2007 this seetion, and shall be adequately screened. Conditional use approval shall be requi-ed if located within 200 feet of a residential zoning district. 39. Automotive. Maior Repair a. M-I district. Excluding the keeping of vehicles in violation of Chapter 9, f.rtieleRI, of the City of Boynton Beach Code or Ordinances, and excluding automobile sernee Gasoline stations selling motor fuels at retail. Any exterior storage of motor vehicles or boats in a wrecked condition shall be permitted only in connection with a lawful principal use allowed else'Nlwe in this seetion, and shall be adequately screened. Conditional use approval shall be requi'ed if located within 200 feet of residential zoning district. 40. Automotive Window Tintine I Stereo Installation / Alarms a. C-2 district. Automotive Window Tintinf! / Stereo Installation / Alanns is allowed as an accessory use to a Gasoline Station: Merchandise. New (SulJercenter. Discount. DelJarflnent. Club): or an Electronics & AlJo/iance Store. Conditional use approval is required fa this component of the establishment. b. C-3 district. Automotive Window Tintinf! / Stereo Installation / Alanns is allo'\1ed as an accessory use to Automobile Rental. provided that the service and maintenance of the fleet vehicles is relegated to the rental operation and not open to the public. Automotive Willdow Tintinf! / Stereo Installation / Alarms is allowed as a principal use but conditional use appnwal is required and subject to the following: (1). Location. Automotive Window Tintinf! / Stereo Installation / Alanns is not permitted on sites less than five (5) acres in size. (a). On sites of greater than five (5) acres and less than seventv-five(75) acres. all such uses shall be located in either a principal building of a shollDing center or in a subordinate. stand-alone building and / or outoarcel within a commercial Master Plan. provided that the subordinate stand-alone building am / or outoarcel within a commercial Master Plan is not located between the pnmpal building and an adjoining right-of-way or between the principal building and abutting residentiallv zoned property. (b). On sites of greater than seventy-five (75) acres all such uses wi! be allowed to be located in a separate building in a shopping center. For the Purp<Ee of this section. motor vehicles shall mean only motorcycles. mopeds. passenger (2"S (a motor vehicle with motive power. except a multipurpose passenger vehi<z or motorcvcle. designed for carrying ten (0) persons or less), or multipulDose passenger vehicles (motor vehicle with motive power designed to carry ten (0) persons or less which is constructed either on a truck chassis or with special fe<*.1res for occasional off-road operation). All repair and service of vehicles shall be done within an enclosed building. c. C-4 district. Conditional use approval shall be required iflocated within 200 feet of a residential zoning district. Automotive Window Tintinf! / Stereo Installation / Alarms is all(JNed as an accessory use to Automobile Rental. provided that the service and maintenance of the fleet vehicles is relegated to the rental operation and not open to the public. d. pcn district. Automotive Window Tintinf! / Stereo Installation / Alarms is allowed as an accessory use to Automobile Rental. provided that the service and maintenance of the fleet vehicles is relegated to the rental operation and not open to the public. Automotive Wintlow Tintinf! / Stereo Installation / Alarms is allowed as a principal use but conditional use apprOlal is required. Uses listed as conditional uses would be considered permitted uses if the follmring c9nditions are met: (I). If shown on the originally approved master plan; (2). Uses will not be subject to the minimum acrea~e requirements of the C-3 zOling district if the site meets the minimum acreage requirement for rezoning to FeD; and 24 May 2, 2007 (3). All portions of any building dedicated to such use are separated from residmtially zoned property by a distance of 200 feet. e. M-l district. Excluding the keeping of vehicles in violation of the City of&vnton Beach Code or Ordinances. and excluding Gasoline Stations selling motor fuels at retal Any exterior storage of motor vehicles or boats in a wrecked condition shall be permitted mly in connection with a lawful principal use and shall be adequately screened. Conditio.l use approval shall be required if located within 200 feet of a residential zoning district. 41. Bar & Niehtclub a. MU-L2 district and MU-L3 district. Permitted onlv on lots fronting on arterial or c<lector roadways. 42. Check Cashine a. C-3 district. C-4 district. and PCD district. Check Cashin!! is limited to 5.000 square feet of gross floor area and shall be located not less than 2.400 feet apart. as measlEd by direct distance between property lines. All new applications to operate such uses or applilations for building permits to expand such uses shall be accompanied by an affidavit which certifirs that the provisions of this paragraph would be complied with. Such stores shall not be eXlmded where currently located less than this minimum distance. 43. Dry Cleaner a. All districts. Limitea to handliag goods that are erOl::lght to the premises by retail el:lStmlers. This use is permitted pro'lided that the floor area fOf SlieR lise is entirely enelosed. LtN:lft<Bmats and dry eleaaiag serviees are limited to handling goods that are brought to the premises e,retail ollstomeFs, tailors, and dressmakers, alteration and repair of elotmBg or elothiHg aeee~ries. Cleaning services are limited to retail customers and includes the alteration and / or reJair of clothing. b. SMU distriet, MU Ll distriet, MU L2 distriet, MU L3 distriet, BDd MU H Eli&'iet. On site Elrop off and piek 1:lfl only. 44. Funeral Home a. C-3 district, C-4 district, and PCD district. Conditional use approval shjl be required if located within 200 feet of a residential zoning district. b. PU district. A Funeral Home is allowed as an accessory use to a Cemte11J. Conditional use approval shall be required if located within 200 feet of a residential 2ming distri ct. 45. Pet Care (Boardine and Davcare) a. All districts: Conditional use applications must include provisions for proper cu and mitigation of potential impacts on adjacent properties. b. peD district. Application must include provisions for proper care and oo1mtial impacts on adjacent properties. Uses listed as conditional uses will Hot be reqliired t8 ~lUi"0 oonditionallise approval would be considered permitted uses if the followinl! conditions arenet: (1). If shown on the oril!inallv approved master plan req1:lired as a part oftliis submissial1,imd~ (2). Uses will not be subject to the minimum acreage requirements of the C-3 zoning dis1ict if the site meets the minimum acreage requirement for rezoning to PCD; and (3). All portions of any building dedicated to such use are separated from residentially :aned property by a distance of 600 feet. c. MU-Ll district and MU-L2 district. Permitted only on lots fronting on major <*rial or collector roadways. 25 May 2, 2007 d. M -1 district. All portions of any building dedicated to such use are separated from residentially zoned property by a distance of 600 feet. 46. -Pet Care (Veterinarv Services) a. All districts CRD distriet. Veterinary Offices shall exclude outdoor ke~ls, or keeping of animals for purposes other than treatment, and excluding on-site disposal of animals. b. C-3 district. C-4 district. CRn district. pcn district. SMU district. MU-L1 district. and MU-L2 district. Pet Care (Boardinf! and Davcare) may be allowed as an accessory lEe but it shall require conditional use approval. Conditional use applications must include provisioos for proper care and mitigation of potential impacts on adiacent properties. 47. Postal I Mail Center a. All districts. Storage of delivery trucks is prohibited. b. C-1 district. Allowed as an accessory use to a Business or Professional Office or a Medical or Dental Office. Gross floor area shall not exceed 2,500 square feet. c. MU-H district. This use shall be limited to a maximum gross floor area sq1:lare faetage of 2,500 square feet. 48. Repair. Rental. & Maintenance of Home / Garden Tools a. C-3 district. Excluding exterior display or storage of merchandise. b. pen district. Excluding exterior display or storage of merchandise. The repair and service of merchandise shall be permitted as either an accessory or principal use, f(J' any merchandise, which is typically sold in the PCD district. 49. Restaurant a. All districts. See Chapter 3, Article V. Supplemental Regulations regardinr: the Sidewalk Cafe permit. b. C-l district. A Restaurant is allowed as accessory use to a Business or Professional Office and / or a Medical or Dental Office but subiect to the following conditions: (1). Signage. No external signage for the restaurant use shall be allowed; (2). Hours of operation shall be limited to coincide with the hours of operation ofthe pri:ocipal use. 50. Travel A2enCy a. C-1 district. Gross floor area shall not exceed 5,000 square feet. 51. Church a. R-2 district and R-3 district. (1). Separation. Distances between residential properties and outdoor play areas shall be maximized. (2). Landscaping. A minimum buffer width of five (5) feet and a landscaping barrier shall be required for all parking and vehicle use areas, and outdoor recreation .areas that abut single-family residential zoning districts. b. SMU district, MU-Ll district, MU-L2 district, MU-L3 district, and MU-H district. A Church shall be integrated into a mixed-use building or development and may not occupy more than 50% of the grOSS floor area of any given building or exceed 30% of the groSS floorarea of the mixed use development. Chmehes allowed in the Mixed Use districts shall be imegmted 26 May 2, 2007 into a mixed use Beilding or de'/elopment and may not exoeed 30% oftne gross floor area ofthe mixed use development. 52. Community Facilities a. All districts. (1). Use(s). All buildings and properties that are city owned and / or operated and engaged in the performance of a public function may be permitted in any district as defined herein. However. this excludes storage, maintenance, and treatment facilities as a principal use and or exoleding uses that have extensive storage, maintenance, or treatment facilities on-site. 53. Essential Services a. All districts. (1). Use(s). O. ELECTRIC SUBSTATIONS, S'NITCHfrJG ST,^.TIONS }.l'ID UTILITY P,^.CILITIES. Essential Services such as electric Eleetrio substations, switching stations~ aHd utility facilities. and the like are allowable in all laRd \:ise eategories and zoning districts subject to full site plan review as described in Chapter 2. Article II Chapter 4 and subject to screening on all sides with walls or acceptable landscaping as described in Chapter 4. Article II Chapter 9, Seetion 10, pafagraph C1. (ani. No. 96 51, ~ 1,1 21 97; Ord. No. 96 66, ~ 1, 1 7 97; Ord. No. 99 21, ~ 2,9 7 99; Ord. No. 01 52, ~ 3, 10 1 01; Ord. No. 02 011, ~ 2, 3 19 02; Ord. No. 03 018, ~ 2,10703; Ord. No. 01 027, ~ 2, 1 20 01; Ord. N€>. 05 031, ~3, 7 19 05) 54. Or2anization. Civic & Fraternal a. C-3 district. C-4 district. CBn district. and pcn district. Conditional use approval shall be required if located within 200 feet of a residential zoning district. b. SMU district. MU-Ll district. MU-L2 district. and MU-L3 district. Shall be integrated into a mixed-use building or development and mav not occupy more than 50% of the grOSS floor area of any given building or exceed 30% of the gross floor area of the mixed use development. 55. Adult Entertainment a. Separation. (1). No Adult Entertainment establishment shall be located closer than one thousand (1,000) feet from any other adult entertainment establishment measured from lot boundary to lot boundary along a straight airline route; (2). No Adult Entertainment establishment shall be located closer than one thousand (1,000) feet from any church, residential zoning district and / use, Public Usage district, Recreation district, or school, measured from any lot boundary to lot boundary along a straight airline route. 56. Entertainment. Outdoor a. C-3 district and pcn district. Must be at least 1,000 feet from a residential use. 57. Marina. including Yacht Club a. All districts. Marinas, includinf! Yacht Clubs are limited to the following uses: mooring and docking of private pleasure craft; sale of fuels and lubricants; occupancy of private craft as living quarters provided that such craft are connected to public sewer facilities; operation of drift and Charter fishing boats and sightseeing boats; bait and tackle shops. 27 May 2, 2007 58. Martial Arts. Gvmnastics. and Dance Studio a. feet. CBD district and MU-H district. Gross floor area shall not exceed 5,000 square 59. Rentals. Recreational (Bicvcles. Canoes. Personal Watercraft) a. MU-Ll district, MU-L2 district, and MU-L3 district. Indoor storage / display only and shall not exceed 10,000 square feet. 60. Siehtseeine & Scenic Tours a. All districts. Vehic1es used in support of the operation that are of a size in excess of a standard parking stall shall be stored in a zoning district where outdoor storage of vehicles is allowed. b. CBD district, MU-Ll district. MU-L2 district. MU-L3 district. and MU-H district. .Sightseeing boats are allowed in conjunction with a Marina, including Yacht Club. 61. Theater a. All districts. All outdoor style theaters (i.e. band shell, amphitheater) rll1uire conditional use approval. 62. Dav Care a. R 1 ..\..\.:~~ distriet, R-I-AAB district, R-l-AA district, R-I-A district, R-l district, and PUD district. The following applies to facilities to be located within zoning districts limited to single family homes: (1). Design. Building design for RW'sery / prescB001l:lses shall be consistent with surrounding residential styles. (2). Separation. Minimum separation requirement between eommereial Daycares bl:lsiRess shall be ~ 2.400 feet (this distance separation requirement should not apply to daycare uses limited to specific groups such as Church members, and should not be intended to place restrictive limits on the expansion / improvement of those uses existing prior to codification. b. R-2 district and R-3 district. (1). Location. Along the following roadway types as designated in the City ofBomton Beach Comprehensive Plan: arterials and collectors; (2). Lot size. One (1) acre; (3). Landscapine. A minimum buffer width of five (5) feet and a landscllJing barrier shall be required for all parking and vehicle use areas, and outdoor recreation areas that abut residential zoning districts. Distances between outdoor play areas shall be maximized; (4). Deshm. Building design shall be consistent with surrounding residential styles. (5). Separation. Minimum separation requirement between Davcares shall be 2.400 feet (this distance separation requirement should not apply to davcare uses limited to specific grOUPS such as Church members, and should not be intended to place restrictive limits on the expansion / improvement of those uses existing mor to codification. c; PCD district. Alll:lses listed iR Seetion 6.C.l of these zoning regulatiofls Pfo'Jiaed however, that HUses listed as conditional uses will not be reql:lired to seeW'e 60flditioflall:lsO approval would be considered permitted uses if the following conditions are met: (1). If shown on the originally approved master plan reql:lirod as a part of this sl:lsmission, and~ 28 May 2, 2007 (2). Uses will not be subject to the minimum acreage requirements of the C-3 zoning district of Seetion 6.C.1. if the site meets the minimum acreage requirement for rezoning to PCD; and (3). All portions of any building dedicated fa such use are separated from residentially zoned property by a distance of 200 feet. 63. Storaee. Boats / Motor / Recreational Vehicles a. Landscaoin~. All exterior storage shall be adequately screened. Additional buffering may be required as recommended by the Director of Planning & Zoning to ensure compatibility. b. CBD district. MU-L2 district. MU-L3 district. and MU-H district. The wet storage of boats is allowed as an accessory use to a Marina, including Yach! Club. c. M-I district. No exterior storage of boats, motor, orrecreational vehicles in a wrecked condition shall be permitted. (1). Landscaoin!!:. All exterior (temporary) storage of fleet vehicles shall be adequately screened. Additional buffering may be required as recommended by the Director of Planning & Zoning to ensure compatibility. (2). Li!!:htin!!:. If a facility abuts a residential zone. outdoor lighting fixtures shall be no more than 20 feet in height and shall be shielded away from residential property. 64. Stora!!:e. Self-Service a. All districts. All self-storage facility uses shall comply with the following: (I). Rental facility office. The rental [aeilit)' offiee shall be loeatea faeing a eolleetor street. A maximum of 1,000 square feet of the rental office maybe devoted to the rental and / or sale of retail items used for moving and storage and including, but not limited to carton, tape and packing materials. (2). Security quarters. A single residential unit for security purposes, not to exceed 1.200 square feet may be established on the site of a Self- Service Storage facility provided that said facilities is at least 30,000 square feet. This dwelling unit shall be considered a limited exception to the general prohibition of residential uses in industrial zones. The security quarters may continue only so long as the Self-Service Storage facility remains active. The security quarters shall be for the exclusive use of, and shall be occupied only by a guard, custodian, caretaker, owner, manager, or employee of the owner of the facility, and his respective family. (3). Use of bays. The use of storage bays shall be limited to dead storage of household goods, personal property. or records for commercial businesses. Storage bays shall not be used to manufacture, fabricate or process goods; service or repair vehicles, boats, small engines or electrical equipment, or to conduct similar repair activities; conduct garage sales or retail sales of any kind; or conduct any other commercial or industrial activity. Individual storage bays or private postal boxes within a Self-Service Storage facility shall not be considered a premises for the purpose of assigning a legal address in order to obtain approval an oeel:l:l3ationallieense or other governmental permit or license to conduct 00 business. Other prohibited uses include storage, sale, salvage, transfer, or disposal of junk, scrap, garbage, offal, refuse, or other waste materials. Further: (a). The maximum size of a storage bay shall be limited to four hundred fifty (450) square feet. (b). Storage bay doors shall not face any abutting property that wffieh is residentially zoned or any public or private right-of-way, nor any fll:lblie or pri'late street. (4). Lighting. If a facility abuts a residential zone, outdoor lighting fixtures shall be no more than tweHty 20 feet in height and shall be shielded away from residential property. 29 (5). Loudspeakers. Na exteriar laudspeakers ar pagIng equipment slall be permitted an site. (6). Design. Far all Self-Service Storage facilities adjacent to or visibk fram any arterial right-af-way road'.va-y, the follawing shall apply: (a). The exteriar calars, facades, windaws, raaf and building materials of all structures lacated ansite shall be campatible with the character af arvisian for the surrounding area the neigllborhoad. Self-service Storage facilities shall incarporate design elements ta achieve the effect af affice structures. (b). All facades viewable fram rights-af-way the arterial raadway shall JIovide variety and interest. These facades shall nat exceed fifty (50) feet in kngth without visual relief by means of a vertical reveal at least one (1) mot in depth and ten (10) feet in width, a perceptible chang~ in wall angle, or a comer. Other design attributes shall include, raof slape and matrials, windaws, awnings, fencing and ather aesthetic elements. (7). Refuse. Dumpsters and trash receptacles shall be screened fram view af acjacent lats and streets. (8). Exterior Storage. (a). Vehicles shall nat be stared within the area set aside far minimum btilding setbacks ar in areas designated far landscaping buffering purpases. (b). Pleasure baats stared an site shall be placed and maintained upan w~eled trailers. Na dry stacking shall be permitted an-site. (c). The outside starage area shall be canstructed with a dust-free surfa~. b. Multi aecess aad limited aecess c9mbiaati9Rs..\. sameiaatien af rm:1lti aesefl and limited assess self storage fasilities may be permitted 'N4thin the same site plan, }'ltlfsl:1antte the supplemeatal standards ShO'Nfl. abaye f{lr <<:lash anhe lises. c. Multi-access self-storage facilities. In additian ta the general standards Wove, multi-access self-service starage facilities shall camply with the fallawing regulatians: (1). Lot size. The minimum lat size far a multi-access self-storage facility shall be twa (2) acres. (2). Circulation. The fallawing an-site circulatian standards shall apply: (a). Interiar: Interiar laading areas shall be provided in the fann of aisleways adjacent to the starage bays. These aisle ways shall be used bat!. for circulatian and temparary custamer parking while using starage units. The minimum width afthese aisleways shall be twenty-five (25) feet if anlJone- way traffic is permitted, and thirty (30) feet iftwa-way traffic is permtted. A minimum width aftwelve (12) feet between aisleways will be re<Jlired when utilized far autdaar starage. (b). Flaw: The ane ar two-way traffic flow patterns in aisle ways shall be clearly marked. Markings shall cansist af standard directianal signagr and painted lane markings with arraws. (c). Access: Appropriate access and circulatian by vehicles and emergency equipment shall be ensured thraugh the design af internal turning afaisle ways. (3). Height. Limited access and cambinatian multi-access and limited-access Self- Service Storage facilities shall canfarm ta the maximum height far that district. The maximum height for multi-access Self-Service Storage facilities shall nat eXl:eed twenty-five (25) feet. These heights will include any screening required ta cOICeal air-canditianing or any ather mechanical equipment. d. Limited access self-storage facilities. In addition ta the general standards aoove, limited-access self-starage facilities shall camply with the following regulations: (1). Lot size. The minimum lat size for a limited access self-storage facility shall be ane (1) acre. (2). Loading. May 2, 2007 30 (a). Each entry point used to access hallways leading to the storage bays shall accommodate a minimum of two loading berths and related manemering area. (b). The loading areas shall not interfere' with the primary circulation system ell site. (3). Circulation. The following on-site circulation standard shall apply: (a). Interior. If a minimum 20 feet accessway is provided adjacentto the building and serves no other use except the self-service storage facility, then the loading area may be established parallel and adjacent to the buitiing. It will be required to satisfy current regulations for driveway accesfibility dependent on one-way or two-way traffic. i. One-wav: 25 feet ii. Two-way: 30 feet . e. SMU district, MU-L1 district, MU-L2 district, and MU-L3 district. Only limted- access Self-Service Storage facilities are allowed within mixed-use districts. Multi-acce~Self- Service Storage facilities are prohibited. (1). Location. Permitted only on lots fronting on major arterial roadways. SelfSuvice Storage uses shall only be allowed above the first floor within mixed-use struaure~ Retail uses unrelated to the storage business are relegated to the ground-floor. Street frontages of the ground floor area shall be devoted to one or more principal retal and office uses, not related to the self-storage use, to a depth of at least twenty (2q feet. (2). Driveways. Access to the Self-Service Storage use portion of the structure shal not be from / to an arterial roadway and must be screened from public right~-of-WlY. (3). Design. Buildings shall be designed to have the appearance of a multHitory retail, office, and / or residential structure through the use of windows, shutten, and appropriate building elements on the upper floors. f. M-1 district. (1). SeparatioB. ;\s a prinsiflaler assessor)' use, no building, strusRli'c, land, or '11_, or an)' part thereof shall be erested, altered, or used, in vAiole or iR. part for aBY If the f-olle\'fiRg uses, I:ffiless a minimum distaflee ofthree hl:lRdred (300) :feet is mai1l-1liBed between the use and residential zoned property. Said distanse shall be melEred along a straight ai-diRe relute from the property liRe af resiaeffiial ooRed f)f0J3ertyt3 the building elr portieln of the lot ......here the spesified Hse is loeated, eJwept that tlOse portieRs of the let or strueture whish are located .,'..ithin the mffiiffi\ifR aiSffiFlse FaY be used for la..yful usos ether than the uses listed below, subjest to ciistrist built:HDl and site regulati0Rs. (2). Buffers. All perimeter buffers adiacent to residentially-zoned property shall contain a continuous wall or hedge and trees. installed no less than 25 feet on-calter. All perimeter buff-ers shall be s1:1-bjeet to the pr0Yisions of Chapter 7.5, ;\rtilie II, Seetion 5 soneeming Buffer requiremeRts. In aarn.tieln, any peI'i:meter aajaeeH to a resi-deffiial disHist shall insluae a (;loHtiRHOUS hedge or wall iR. addition to trees plEted no further than twenty fi'/e (25) feet OR eeRter. (3). Exterior Storage. In connection with a Self-Service Storage facility, open stoI1le of boats, motor. or recreational vehicles of the type customarily maintained by pIivate individuals for their personal use and commercial vehicles shall be permitted prolided the following: (a). The outdoor storage area shall not exceed 40% pereent of the area ((the site. (b). Outdoor storage areas shall be entirely screened from public and private rights-of-wav and non-industrial properties. Screening materials sh. be comprised of a buffer wall. eight (8) feet in height. or by the pro_ct's principal and / or accessorv building(s) or a combination thereof. Trees. installed no less than 25 feet on-center, in coni unction with shrubs and / or other foundation planting;s, shall be placed on the outside of the bufferwll. within a landscaping strip of at least five (5) feet in width. The shrubsand foundation plantings shall be at least four (4) feet in height at the tiIE of May 2, 2007 31 May 2, 2007 installation. However, their inclusion may be waived by the Director of Planning and Zoning if determined to be unnecessary. The storage area shall ae eHtirely SSfeeHee from view from poolie aHd prh<ate roaGs and abl:lttiHg HOB iRoostrial zonee' property by a auilaing em site or by installatioH of a eight f{lot high solid masonry wall supplemeHted \yith a minimum of t'.velve (12) fDot tall trees spaeed !'!ill more thim tV/em)' five (25) feet on eeRter and foundation pl8.B.ting a minimum of two (2) feet iH height installed '::ithin a the (5) foot 'Nide landseape strip loeated on the outside of tHe wall, I:lnless the f{)ooeation planting is determined ay the Direetor of PlaRRiRg aad Zonmg to be wmeeessary. 65. Warehousin2 a. C-4 district. This use is allowed within the C-4 district but it shall not be located on a lot or leased parcel that fronts on an arterial roadway. b. M-l district. Conditional use approval shall be required iflocated within 200 feet of a residential zoning district. 66. Wholesale Trade a. C-4 district. This use is allowed within the C-4 district but it shall not be located on a lot or leased parcel that fronts on an arterial roadway. b. (1). U se~) :\-Dowed. (a). Industrial, eommereial, offiee, J3wfessional, and bl:lsiness maeRmery, eql:litlmeat, fiKtl:lres, teols, aRd sl:lflplies, eJ(ell:ldiRg arshibitea 1:1ses. (b ).Household geses; storage, wholesale aad distribl:ltion only; r-emil display or sales shall be prohibited l:lnless speeifieally allo'l:ecl iR aeesrclanee ','lith 8eetiOHS g..^~.1., g.:\2., g.:\.3., ar g..^~.1. Industriall:lses. (c). Buildiflg materials, home improvemeHt stores, lumber, door and wiHclow hard\\'are, shades, shmters, aliRds, and awniRgs; feRciRg, roofiHg, flooring, carpeting, tile, hard\vare, tools, J3aint, '.vallpaper, shelYffig, eaainets, fumitl:lfe, partitions, lciteheR and bathroom fiKtl:lres, J3001s and spas, glass and mirrars, J31limbiRg ancl eleetrieal sl:lf3J3lies, ancl the like, mell:ldiRgretail ~ (d).Pumps, generators, motors, fire proteetioo eqliipmeflt, and inigatiOfl eqliij3Hlent, ifleludiRg retail sales. (e). HeatiR-g, 6001mg, 'lemilatiRg, refrigefatiofl, solar energy, water eonclitieaing, and aeating systeRID aRd eql:l4pmem, aRd major aJ3J31ianees, mellidingretail ~ (t). Nurseries, greenhouses, la'.'ffl and garden eql:lipment, tools, ana sl:lf)fllies, inell:ldiflg retail sale. (g).Monl:lments and gra':estoaes, iflell:lcling retail sales. (h ).F oed and farm s1:1pplies, exeluEting I:lses speeifieall)' prohibited m 8eetioo 8..'\.5. (i). Amomobile, ';ehiele, aRd baat parts, aecessories, fumishiRgs, aRd sl:lf)fllies; retail sales or clisplay shall be prohibited as a principal I:lse aRd shall be permittee only as an aoeessory 1:1se ta repair, serviee, rel:JuilcliRg, or installatiEln serviees, where sueh sernees lawfl:lll)' exist. 0). lee and dry iee, iBeludiRg retail sales. b. M-l district. Conditional use approval shall be required iflocated within 200 feet ofa rt:sidential zoning district. (1). Use(s) .~..lIowed. (a). \VareflElI:lSeS, self service storage faeilities (mini warehol:lses) in aeeordanee with 8eetion 11.0 storage loekem, and eold stomge, exelutling I:lses sJ3eeifieally prohibitecl ~ in 8eetion 8.:\.5. 32 (b). Industrial, eommereial, offiee, professional, and busifless machiflery, equitJment, fixtures, tools, and s\:i-pplies, exel\:lEHag 13rohibited uses. (c). Household goeds; storage, wholesale and distrib\:ltiofl oRl)'; retail display or sales shall be iprohiBited I:li'l.less speeifieall)' allowed in accordaase v:ite Seetions 8.A.1., L^.2., 8.}..3., or S.L 4. InElistrial uses. (d). Building materials, home improvement stores, l\:lmeer, doer and win do,;,: hardware, shades, slll:ltters, blinds, and a....,'mRgs; feneing, roofiRg, flOOriRg, ealfleting, tile, aarclware, tools, paiRt, 'NallJlaper, shelving, eaeinets, flffflit\:li'e, partitioflS, kitchen and bat1:1room filtl:lres, pools and spas, glass and mirrors, pl\:lmbiRg and eleetrieal s\:lPplies, and the like, iRcladiRg retail sales. . (e). FiniSHed eonsrete, brick, slay, and stORe J:mildiRg aHd pa"'ling materials; se\ver and ....later pipe, and o\:lhert; storage, distribation, '.vholesale or retail sales. (C). Pumps, generators, motors, fire protection eq\:lipmeat, and ifrit:ation eq\:lipm:ent, iRel\:ldiFlg retail sales. (g). Heating, eoeling, ventilatiRg, refiigeratioR, solar eHergy, water conditioaing, and Heating systems and eq\:lipmeRt, and major applianees, inol\:lding retail sales. (h). Pre fabrieated sheds, iRoladiag retail sale. (i). N\:li'series, greeBhouses, lawR and garden eq\:lipmeFlt, tools, and sapplies, incl\:lding retail sale. (j). Monumoots and gra'lestoaes, ineluding retail sales. (k). Feed lifld farm sl::lpplies, exel\:lding ases speoifisally prohibited in SeetioR 8.:\.5. 0). Truolm, b\:lses, farm eq\:lipment, eORstruotion mashinery, and utility trailers, ineluding retail reflting aad sales. (m). Passeflger vehisles, boats aRd pielrup truslcs, cmehlding any retail sales or diSfllay, and exsll:lding the keepiRg of vehieles iR violatiaR of Chapter 10, .^.rtisle III of the City of BO)'Rtofl Bease Code of Ordinanoes. (n). .^.utomobile, '1ehisle, and boat parts, assessories, furnishings, and supplies; retail sales sr display shall Be prohibited as a prineipall:lst! and shall be permitted only as an aooessory\:lse to repair, sernse, rebl:lil8ing, or installatiofl sernses, where sueh semees lavlfully e1dst. (0). Mobile Homes, limited to areas "yest of Interstate 95. (p). Ice ana dry iee, ineludiRg retail sales. (q). Live fish. (2). SeparatiOR. :\.5 a prmoipal or aeeessory \:lse, no b1:lilEHFlg, struotl:lr-e, laRd, or water, or any part thereof shall be ereeted, altered, or used, in '.vhole or in part for aRY af fue followiRg ases, \:laless a miniffil:lm distanoe of three huadred (300) feet is maiatained between fue \:lse and residemial130ned property. Said distaRee shall be mea5l:lred along a straight airliRe rol:lte from. fue property line of residential zooed propertyte the bl:lildiflg or portion of tee lot 'Nhere the speeified \:lse is loeated, exeept that l8os6 pOrtiOflS ofthe lot or struoture '.vhioh are loeated within the miniffil:lm aistanee mlY be used for lawful1:lses other than the 1:lses listed Bela'::, subjeet to distrist 8\:lilding and site regHlatiofls. The following use(s) are subieet te the separation rea1:lirement: (a). Bulk storage, distribl:ltion, wholesale or retail sale of topsoil, time, gravel, limeroclc, shellrook, ooal, miBefals, eI1:lSHed roek, sand, cinders, fertilizer, and the like, limited to an aeeessory use to a Bl:lilding materials store, garden shop, n\:li'Gel)', eOHtraotor, or ether lawful priReipal use. (b). Parldng or storage of truoks used fer the transport of septie taRk waste or other liq1:lid V/astes. May 2, 2007 33 May 2, 2007 67. Boat Reoair a. Landscaoine. All exterior (temporary).' storage shall be adequately screened. Additional buffering maybe required as recommended by the Director of Planning & Zoning to ensure compatibility. b. M-l district. No exterior storage of boats in a wrecked condition or the dry stacking of any boats shall be permitted. 68. Carpet and Upholstery Cleanine Services a. C-3 district, C-4 district, and PCD district. Permitted off-site premise only. 69. Contractor a. Refuse. Dumpsters and trash receptacles shall be screened from view of adiacent lots and streets. b. C-4 district. (1). Location. This use is allowed within the C-4 district but it shall not be located on a lot or leased parcel that fronts on an arterial roadway pennitted on lots that frOBt on arterial or oolleetor roa&.vays. (2). Use(s) Allowed. (a). Office and showroom only as a permitted use. (b). Contractors' outdoor storage and workshop shall require conditional use approval if located within 200 feet of a residential zoning district residElfltial zORea property. c. M-l district. Contractors' outdoor storage and workshop shall require conditional use approval if located within 200 feet of a residential zoning district. 70. Exterminatine and Pest Control' "' a. M -1 district. Conditional use approval shall be required iflocated within 200 feet of a residential zoning district. 71. Lawn Maintenance & Landscapine Service a. Refuse. lots and streets. b. C-4 district. (1). Location. This use is allowed within the C-4 district but it shall not be located on a lot or leased parcel that fronts on an arterial roadway. (2). Use(s) Allowed. (a). Office and showroom only as a permitted use. (b). Outdoor storage and workshop shall require conditional use approval if located within 200 feet of a residential zoning district. Dumpsters and trash receptacles shall be screened from view of adiacent 72. Radio & TV Broadcastine a. All districts. Refer to the Wireless Communication Facilities section in Chapter 3, Article V (Supplemental Regulations) of the Land Development Regulations. . 73. Rental/ Leasine. Industrial & Commercial EQuioment 34 a. Landscapinl!. All exterior (temporary) storage of equipment shall be adeQUately screened. Additional buffering may be required as recommended by the Director of Planning & Zoning to ensure compatibility. b. M -I district. Outdoor storage of equipm~nt shall require conditional use approval if located within 200 feet of a residential zoning district. No exterior storage of equipment in a wrecked condition shall be permitted. 74. Repair & Maintenance. Industrial and Commercial a. Landscapinl!. All exterior (temporary) storage of equipment shall be adewately screened. Additional buffering may be required as recommended by the Director of Planning & Zoning to ensure compatibility. . b. M-I district. Outdoor storage of equipment shall require conditional use approval if located within 200 feet of a residential zoning district. No exterior storage of equipmeat in a wrecked condition shall be permitted. 75. Research & Development. Scientific / Technolol!ical a. M-I district. (1). Limitations. Excluding treatment, storage, or processing of human or mimal bodies or body parts. Medical or scientific research which involves tIr use, treatment, storage, or processing of human or animal bodies or body parts ",ould require conditional use approval. 76. Sewer / Septic & Waste Ml!mt Cleaninl! a. M-I district. This use excludes the storage, treatment, transfer, dumping, or disposal of waste on-premises. Conditional use approval shall be required if located within 200 feet of a residential zoning district. 77. Taxi. Limo. Charter Bus a. C-2 district. C-3 district. C-4 district. CBn district. and pcn district. Office only; Fleet vehicles shall be stored in a zoning district where Storage. Boats. / Motor / Recreational Vehicles is allowed. b. M-I district. No exterior (temporary) storage offieet vehicles in a wrecked condition shall be permitted. Conditional use approval shall be required if located within 200 feef of a residential zoning district. (I). Landscapinl!. All exterior (temporary) storage of fleet vehicles shall be adequately screened. Additional buffering may be required as recommen<i:d by the Director ofPlanninl! & Zoninl! to ensure compatibility. (2). Lil!htinl!. If a facility abuts a residential zone. outdoor lightinl! filtures shall be no more than 20 feet in heil!ht and shall be shielded away from residential property. (3). Loudspeakers. No exterior loudspeakers or paging equipment shaD be permitted on site. S:\Planning\Zoning Code Update\LDR Rewrite\Part III\Chapters\Chapter 3 ZoningIFinallArticle III Section 3 Use Regulations.doc May 2, 2007 35 JJ!lfl~e~CRA Ii East Sld6~W..tSids~S...lde Renai"ance BOYNTON BEACH eRA AGENDA ITEM STAFF REPORT eRA BOARD :MEETING OF: May S, 2007 I" I Old Blllin", New BQiliocu 1_ I _. PubliC! HI/arillg Oth... SUBJECT: Approval of City/eRA ILA for the A venue ofth.e Artli SUMMARY; At the March 13, 2007 eRA Board ml!eting, the Board voted to PfQvid.e a portion oftbc: €undine to impl\)I%Wnt the Avenue of the Art8 along Ocean Avcn~t The Board egreed to ~roVidc the funding on a Joan basis. Tha attached Inte;docal Agreement outlines the u:nna ofthti funding and repayment for this projc:l~. FISCAL lMP ACT: $40,000 to come fi:'cqn gtmeral revenue. RECOMMENDATIONS: Approve llil:llnlc::rlocal Agreement between the City and eRA providing tbr th~ funding and repayment uf funds for venue of the Arts project. ~ T:\AGeN0A5. OONS;NT AG&NDAS, MONTIol1. V REPOR1'S\CQmpleted ^sel'ltfoltem R8ClUht Fermi by illGetlng\FY 200A.200'7' Sollrd MlIIlingB'(J1 O~ Q6 eRA BoarrJ MIIletlng . Mly'.ILA Ave 01 ArtaCfOC INTERLOCAL AGREEMENT BETWEEN THE BOYNTON BEACH COMMUNITY REDEVELOpMENT AGENCY AND THE CITY OF BOYNTON BEACH FOR LOAN FOR A VENUE OF THE ARTS PROGRAM THIS AGREEMENT is made and entered into this _ day of , 2007, by and between the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY ("CRA") and the CITY OF BOYNTON BEACH ("CITY") (collectively referred to as "the parties"). WITNESSETH WHEREAS, the CRA is a public Agency created pursuant to Florida Statutes Chapter 163, Part III and has as its purpose the redevelopment of portions of the City of Boynton Beach located within its geographically designated redevelopment area; and WHEREAS, the City is a Florida municipal corporation; and WHEREAS, the City's "Art in Public Places Avenue of the Arts" program (hereinafter referred to as "the Program") is dedicated to attract visitors to Boynton Beach to invigorate the revitalization of downtown Boynton Beach; and WHEREAS, the Program is a year-long outdoor public art sculpture exhibit beginning in August of 2007; and WHEREAS, the parties hereto desire to enter into an Interlocal Agreement to enable the CRA to provide a loan to the City to support the Program; and NOW THEREFORE, in consideration of the mutual covenants and promises herein contained the parties hereby agree as follows: 1. Recitals. The foregoing recitals are true and correct at the time of execution of this Agreement. 2. Term. This Agreement shall take effect upon the Effective Date as set forth herein and shall expire upon the City's repayment of the CRA's Loan (as defined herein), which shall be within two (2) years of the Effective Date (see paragraph 4 herein) . 3. CRA Responsibilities. Within fourteen (14) days of the Effective Date, CRA shall provide the City with a no-interest loan in the amount of Forty- Thousand Dollars ($40,000.00) (hereinafter referred to as the "Loan"). 4. City Responsibilities. Subject to the City's right to budget and appropriate, within two (2) years of the Effective Date, unless otherwise extended and agreed to in writihg by both parties, the City shall re-pay the Loan to the CRA in full T:\PLANNING\Arts Commission\Interlocal Agreement for Avenu! of the Arts.doc out of the funds collected pursuant to the City's Public Art O~dinance, or by whatever fund the City so chooses. ' 5. GoverninR Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 6. Severability. If any provision of this Agreement or application thereof to any person or situation shall to any extent be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persol}s or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to' the fullest extent permitted by law. 7. Entire ARreement. This Agreement constitutes the entire understanding of the parties and any previous agreements, whether written or oral, are hereby superseded by this Agreement. This Agreement may be modified in accordance with Paragraph 11 below. 8. Modification of ARreement. This Agreement may be modified upon mutual consent of the parties only in writing. 9. Bindin2 Authority. Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. 10. Disputes. In the event of any dispute arising among the parties with respect to the interpretation of the respective rights or obligations provided for by this Agreement, the same shall be resolved by mediation with such mediation to be conducted between the City Attorney and the CRA Attorney. If mediation is unsuccessful, any and all legal actions necessary to enforce this Agreement will be conducted in Palm Beach County, Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power or remedy hereunder shall preclude any other or further exercise thereof. 11. Interpretation. This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel of on of the parties. 12. Notices. Any and all notices required or permitted to be delivered pursuant to the terms of this Agreement shall be effective upon receipt, but in any event no later than three (3) days after' posting by U.S. Mail, certified or registered, postage prepaid or one (1) day after deliver to an expedited courier service such as Federal T:\PLANNfNG\Arts Commission\Interlocal Agreement for Aven~ofthe Arts.doc Express to the addresses listed below. Any of the parties described herein may change their address by giving notice to all other parties set forth in this subsection. If the CITY: City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425 Attn.: Kurt Bressner, City Manager With Copy to: James A. Cherof, City Attorney 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 If the CRA: Boynton Beach Community Redevelopment Agency 915 S. Federal Highway Boynton Beach, Florida 33435 Attn.: Lisa A. Bright, Executive Director With Copy to: Kenneth G. Spillias, Esquire Lewis, Longman & Walker, P.A. 1700 Palm Beach Lakes Boulevard, Suite 1000 West Palm Beach, Florida 33401 13. Effective Date. This Agreement shall become effective on the date last signed by the parties. 14. Limitation of Liability. By entering into this Agreement, the CRA in no way assumes any liability associated with the Program. The City shall indemnify, defend, save, and hold harmless the CRA, its 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 City pursuant to the Program, or its subcontractors, agents, officers, employees or independent contractors under the Program, specifically including, but not limited to, those caused by or arising out of any intentional act, omission, negligence or default of the City and/or its subcontractors, agents, servants or employees in the provision of services under the Program. 15. City's Art in Public Places Pro2ram. This Agreement shall in no way be interpreted to conflict with the City's Art in Public Places Program Ordinance (Part II Code of Ordinances, Chapter 2, Article XII). **THE REMAINDER OF THIS PAGE INTENIONALLY LEFT BLANK** T:\PLANNING\Arts Commission\Interlocal Agreement for Avenugofthe Arts.doc COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF BOYNTON BEACH By: Chairperson Date: Attested by: Lisa Bright, Executive Director ATTEST: CITY OF BOYNTON BEACH, FLORIDA By: Mayor City Clerk APPROVED AS TO FORM: Office of the City Attorney T:\PLANNING\Arts Commission\Interlocal Agreement for Avenu.q.ofthe Arts.doc -..............................................................r . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I............................................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IX. Old Business: A. Approval of City/CRA ILA for the Avenue of the Arts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -..............................................................r . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I............................................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IX. Old Business: B. Approval of EDAW Contract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . APR-26-2007 11:53 From: To:4098#2419#041#737325 P.2/2 , ,.., " \11,:::", ...~ . ~tI~~Y~T2~~CRA ..East Side-West S",de-S...id. Renaissance BOYNrrON BEACH eRA AGENDA ITEM STAFF REPORT C:RA BOARD MEETING OF: May 8, 2007 ACENDA ITEM: ' u.=,~on~~nt ~ge~d~,_.. I Old Business New nUlIliness -. .- Public Hearin!: OIlier SlJfU EC' I': ApprovElI of EllA W Contract SUMMARY: AL Lilc ApriJ 2007 eRA Board meeting. the Board voted to enter .into a contract with BDA W to conduct cham;:U(..~ and create fJ downtown master rhm. The eRA attomey and EDA W pdncipals have agreed to the tennc; c.onta;ned in t.he attached contract. FISCAL IMPACT: $1 RO,OOO plus travell.'lnd other ndn1inistrative pro.icct-l'~laled services to come fi'0111 general revenue. RECOMMENDA TJONS: Approve the contract hetween the eRA ann EDAW to create a dOWrlLown master plan. ~v /)}y., '-'H ~ bru~ V1Vlnll ,. rOt) S PlaruuJlg Din:ctur -~ C.\DuclfmP.nhl iIIln Sl!lttln!Js\ReardonR .CITYlLoeal SottlnQs\Temporavy Internet Ftlu:>\OLKD\eDAW non STANDARD SERVICES AGREEMENT This Agreement is made as of , by and between the Boynton Beach Community Redevelopment Agency a public agency created pursuant to Chapter 163, Part Ill, of the Florida Statutes ("Client" or "CRA") and EDA W, me., a Delaware corporation ("EDA W"). As provided in this Agreement, EDA W will provide professional planning services for the following project (the "Project"): Project Name: Visioning Workshop and Downtown Master Plan in the City of Boynton Beach, in the County of Palm Beach, State of Florida. Section 1. Scope of Services (a) EDA W will provide the "Basic Services" described in attached Schedule 1. The Basic Services will be provided in three Phases ("Phases") as identified in Schedule 1. Each Phase shall be approved and accepted by Client, in writing, upon completion of such Phase(s). m addition, if authorized by Client, EDA W will provide the "Additional Services" described in attached Schedule 2. The Basic Services and the Additional Services authorized by Client shall be paid for by Client as provided below. (b) Certain of the Basic Services and Additional Services may be performed by consultants to EDA W, but EDA W will remain responsible for the full performance of such services. Section 2. Fees for Services (a) EDA W's fees for Basic Services for each Phase described in Schedule 1 shall be as set forth in attached Schedule 3. EDA W's fees for Additional Services shall be billed on an hourly basis at EDA W's current standard rates. EDA W's current hourly rate schedule is attached hereto as Schedule 4. (b) The fees provided for in this Section 2 are based upon the assumption that Basic Services will be concluded, without Project delays, on or before December 31, 2007. If, for any reason other than the direct fault of EDA W, services to be performed hereunder are delayed or suspended for more than sixty (60) days or such services are not completed on or before December 31,2007, EDA W's fees shall be increased based upon agreement to be negotiated between EDA W and Client. Section 3. Payment Terms (a) mvoices are submitted by EDA W each four weeks (not necessarily falling on the first or last day of the month). mvoices shall be submitted via U.S. Mail and PDF electronic communication to Robert Reardon, CRA Finance Director (reardonr@ci.boynton-beach.fl.us) and Vivian Brooks, CRA Planning Director (brooksvi@ci.bovnton-beach.fl.us), unless EDA W is otherwise directed. Client shall notify EDA W, in writing, of any and all objections, if any, to an invoice within ten (10) days of the date of invoice. Otherwise, the invoice shall be deemed proper and acceptable by the Client. Amounts indicated on invoices are due and payable immediately upon receipt. Client's account will be considered delinquent if EDA W does not receive full payment within forty-five (45) days after the invoice date. (b) A service change will be applied at the rate of 1.5 percent per month (or the maximum rate allowable by law) to delinquent accpunts. Payment thereafter will be applied first to accrued interest and then to the principal unpaid by the Client. Boynton Beach CRA Oowntown Master Plan 4/24/2007 Page 2 (c) If a delinquency (defmed as lack of payment by Client for more than forty-five (45) days after the invoice date) by Client occurs, EOA W may choose to suspend work. EDA W will first notify Client in writing if payment is not received within forty-five (45) days of the invoice date. If such a decision to suspend work is made, EOA W will also notify Client in writing. EOA W may choose to recommence work once a delinquency is completely cured and any and all attendant collection costs, fees, increases in costs or fees, to other amounts required to be paid by Client under this agreement are made in full. If a delinquency by Client occurs and EOA W chooses not to suspend work, no waiver or estoppel shall be implied or inferred. Client agrees and understands that if EOA W decides to so suspend its work, EDA W shall not be liable for any costs or damages, including but not limited to delay and consequential damages, to the Cli~nt, or any other third party, that may arise from or be related to such suspension of work. Client agrees to hold EOA W harmless from and completely indemnify EDA W from and against any and all damages, costs, attorney's fees, and/or other expenses which EOA W may incur as a result of any claim by any person or entity arising out of such suspension of work. However, Client's indemnification obligations shall not exceed the statutory limits described within Section 768.28, Florida Statutes, and Client does not waive its sovereign immunity rights. (d) When non-standard billing is requested, time spent by office administrative personnel in invoice preparation is a cost to the project and charged as technical labor. Section 4. Client's Responsibilities Client agrees to provide full, reliable information regarding its requirements for the Project and, at its expense, shall furnish information about the downtown including previous plans and reports, property ownership, property transaction records, and other pertinent information. In addition, Client agrees to provide, at its expense and in a timely manner, the cooperation of its personnel and such additional information with respect to the Project as may be required from time to time for the performance of EOA W's work. Client shall designate a Project Representative authorized to act on behalf of Client with respect to this Agreement and agrees to render any decisions promptly to avoid unreasonable delay to the Project and the performance of EOA W's work. Section 5. Termination This Agreement may be terminated by either Client or EOA W by giving written notice at least thirty (30) days prior to the date of termination. In the event of such termination, Client shall pay EDA W for services and Reimbursable Expenses performed or incurred prior to the termination date plus all costs and expenses directly attributable to such termination for which EOA W is not otherwise compensated. Section 6. Access to the Site; Photographs EDA W and EOA W's employees and consultants shall have access to the Project site at all reasonable times and shall be permitted to photograph the Project for its records and future use. Section 7. Use of Documents Plans, drawings and specification or other writings or documents prepared or provided by EDA W hereunder are prepared for this Project only, but may be used by EOA W for purposes of illustrating the scope and nature of project involvement. EDA W shall provide Client with a reproducible set of drawings and specifications for its records. They shall not be used by Client for other projects or extensions to the project without the written agreement of EOA W. However, EOA W acknowledges that Florida law provides that records of a public agency shall at all times be open for personal inspection by any person pursuant to Section I 19.01, Florida Standard Services Agreement: Domestic Boynton Beach CRA Downtown Master Plan 4/24/2007 Page 3 Statutes, the Public Records Law. Infonnation and materials received by Client in connection with the services provided by EDA W shall be deemed to be public records subject to public inspection, unless exempt under Section 119.07, Florida Statutes. Client further agrees to hold EDA W harmless from and indemnify EDA W from and against any and all damages, losses, attorney's fees, costs, and/or expenses which EDA W may incur as a result of a claim by any party or entity, arising out of an unauthorized use of said plans, drawings, specifications, and/or documents. However, Client's indemnification obligations shall not exceed the statutory limits described within Section 768.28, Florida Statutes, and Client does not otherwise waive its sovereign immunity rights. Section 8. Indemnification Client agrees to hold EDA W harmless from and completely indemnify EDA W from and against any and all damages, attorney's fees, losses, costs, and expenses which EDA W may incur as a result of a claim or claims against it, if any, by any other third party, arising out of any wrong doing, negligence, and/or breach of contract by Client, alleged or otherwise, that is related, in any manner whatsoever, to the Project, or Client's involvement with the Project or Project property. However, Client's indemnification obligations shall not exceed the statutory limits described within Section 768.28, Florida Statutes, and Client does not otherwise waive its sovereign immunity rights. EDAW agrees to hold Client harmless from and completely indemnify, defend, save, and hold harmless the Client, 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 EDA Wand/or its subcontractors, agents, officers, employees or independent contractors pursuant to this Agreement, specifically including, but not limited to, those caused by or arising out of any intentional act, omission, negligence or default of EDA Wand/or its subcontractors, agents, servants or employees in the provision of services under this Agreement. Section 9. Miscellaneous (a) Client and EDA W each bind itself and its successors and assigns to this Agreement. Neither Client nor EDA W shall assign or transfer its interest in this Agreement without the written consent of the other. (b) Client agrees that EDA W' s liability for negligence to Client shall be limited to the amount paid by Client hereunder for EDA W's fees for Basic Services and Additional Services. (c) This Agreement shall be governed by the laws of the State of Florida. The Parties hereby agree that jurisdiction of any litigation brought arising out of this Agreement shall be in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, or, should any cause of action be limited to federal jurisdiction only, in the United States District Court for the Southern District Court of Florida. To the greatest extent pennitted by law, Client and EDA W hereby waive all rights to trial by jury. The prevailing party in any dispute between the parties in connection herewith shall be entitled to all costs and expenses, including without limitation, reasonable attorney's fees and expenses incurred, including fees and costs at the appellate level, provided that such costs shall be limited in amount to the lesser of (i) $50,000 and (ii) the amount payable by Client hereunder for EDA W's fees for Basic Services and Additional Services. (d) This Agreement represents the entire Agreement between Client and EDA W. This Agreement may be amended only by a writing signed by both Client and EDA W. Standard Services Agreement: Domestic Boynton Beach CRA Downtown Master Plan 4/24/2007 Page 4 (e) Any individual who signs this Agreement on behalf of Client or EDA W, represents, promises, and guarantees, that he or she is fully authorized to execute this Agreement on behalf of the respective party. (f) This Agreement, and any amendment hereto, may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which shall, together, constitute one and the same instrument. (g) The section and paragraph headings herein contained are for the purposes of identification only and shall not be considered in construing this Agreement. Reference to a Section shall be deemed to be a reference to the entire Section, unless otherwise specified. (h) Any reference herein to time periods which are not measured in Business Days and which are less than six (6) days, shall exclude Saturdays, Sundays and legal holidays in the computation thereof. Any time period provided for in this Agreement which ends on a Saturday, Sunday or legal holiday shall extend to 5:00 p.m. on the next full Business Day. Time is of the essence in the performance of all obligations under this Agreement. Time periods commencing with the Effective Date shall not include the Effective Date in the calculation thereof. (i) Neither the failure of a party to insist upon a strict performance of any of the terms, provisions, covenants, agreements and conditions hereof, nor the acceptance of any item by a party with knowledge of a breach of this Agreement by the other party in the performance of their respective obligations hereunder, shall be deemed a waiver of any rights or remedies that a party may have or a waiver of any subsequent breach or default in any of such terms, provisions, covenants, agreements or conditions. This paragraph shall survive termination of this Agreement. G) Handwritten provisions inserted in this Agreement and initialed by EDA W and Client shall control all printed provisions in conflict therewith. (k) This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel of one of the parties. (1) This Agreement shall become effective on the date last signed by the parties ("Effective Date"). (m) Any and all notices required or permitted to be delivered pursuant to the terms of this Agreement shall be effective upon receipt, but in any event no later than three (3) days after posting by U.S. Mail, certified or registered, postage prepaid or one (1) day after deliver to an expedited courier service such as Federal Express to the addresses listed below. Any of the parties described herein may change their address by giving notice to all other parties set forth in this paragraph. IfEDAW: 817 West Peachtree Street, Suite 770 Atlanta, Georgia 30308 Attention: Ellen Heath, Vice President/Principal With Copy to: Fredalyn Frasier 817 West Peachtree Street, Suite 770 Atlanta, Georgia 30308 Standard Services Agreement: Domestic Boynton Beach CRA Downtown Master Plan 4/24/2007 Page 5 If the Client: Boynton Beach Community Redevelopment Agency 915 S. Federal Highway Boynton Beach, Florida 33435 Attn.: Lisa A. Bright, Executive Director With Copy to: Kenneth G. Spillias, Esquire Lewis, Longman & Walker, P.A. 1700 Palm Beach Lakes Boulevard, Suite 1000 West Palm Beach, Florida 33401 EDAW, Inc. A Delaware corporation DATE: Client: Boynton Beach Community Redevelopment Agency DATE: By: By: Its: Its: Address: 817 West Peachtree Street Suite 770 Atlanta, Georgia 30308 Address: 915 S. Federal Highway Boynton Beach, Florida 33435 Attention: Attention: Lisa Bright, Executive Director Standard Services Agreement: Domestic Boynton Beach eRA Downtown Master Plan 4/24/2007 Page 6 SCHEDULE 1 EDA W's Basic Services SCOPE OF SERVICES The planning process includes three phases: 1) collect and analyze data on existing conditions; 2) develop a plan vision with a statement of needs and goals; and 3) Final Master plan that outlines a recommended plan and implementation steps. These phases include the following specific tasks: Phase 1: Understanding the Community Task 1 Kick-off meeting and site visit Task 2: Kick-off Meeting with Steering Committee Task 3: Data Gathering and Analysis Task 4: Community Stakeholder Interviews Task 5: Community Visioning Charrette Task 6: Project Area Profile Summary Phase 2: Vision + Scenario Development Task 7: Visioning Summary/Analysis and Statement of Needs and Goals Task 8: Market Economic Analysis Task 9: Strategic Framework Planning Workshop - Vision Refinement Phase 3: Action Plan for the Vision Task 9: Recommended Master Plan + Implementation Task 10: Public Open House Task 11: Final Master Plan Phase 1 : Understanding the Community Task 1: Kickoff Meeting and Site Visit We will conduct a kick-off meeting to refine the tasks and schedule and establish communication protocol. During the visit we will also organize a detailed site visit to review current development pattems and update current base data of land uses, streets, parking, pedestrian facilities, key gateways and corridors, and gathering places in the community. The analysis will use photographs to document the appearance and physical condition of the key features and identify the visual assets that help establish the existing community aesthetics and future theme for the area. Standard Services Agreement: Domestic Boynton Beach eRA Downtown Master Plan 4/24/2007 Page 7 Task 2: Kick-off Meeting with Steering Committee We will assist the Client in establishing a Steering Committee to guide the process and ensure accountability and adequate representation of community interests. We anticipate working closely with various business interests and adjacent neighborhood representatives as well as existing historic societies and civic organizations. The kick-off meeting will cover overall project purpose and tasks, solicit input from committee members, and set basic milestones for the planning process We will give regular updates to the Steering Committee to benchmark study progress and gather ongoing feedback on plan development. Task 3: Data Gathering - Existing Conditions This task will involve a thorough analysis of the existing conditions, trends, and regulations that affect land uses, transportation, community facilities, natural, cultural resources, housing stock, local economy, and urban design features of the project area. The team will also review previous planning efforts and determine supportive concepts and goals that should be considered during the master planning process for downtown. Task 4: Stakeholder Interviews Early in the process, we will assist the CRA in compiling a list of community stakeholders to interview. Key stakeholders are opinion leaders from educational, business, political, and community service backgrounds, who can offer special knowledge of downtown and adjacent communities. The purpose of these in-depth, one-on-one interviews is to identify major issues and develop a complete understanding of the local context, including important actors, potential sources of conflict, and anticipated barriers to effective implementation. Task 5: Visioning Charrette The goal of the charrette is to develop a mission statement and corresponding mid- and long-term visions for the project area. The charrette will also help develop goals and objectives and preferred design themes for the project area with preliminary guidelines and implementation strategies. The EDAW team will assist the Steering Committee in coordinating the recruitment of participants. We will work with the CRA to publicize the meeting in a variety of media, including press releases for neighborhood and local newspaper articles, city website, newsletters, flyers, internet invitations, and other outreach methods. The workshop will begin with a kick-off presentation covering project purpose and general strategy goals. We will generally follow the following format for the Visioning Charrette: Welcome by City/CRA representatives · Recognition and introductions Purpose, overview, and ground rules by the EDAW team · Visioning exercises Form small groups facilitated by project team members to identify the Strengths + Opportunities+ Constraints along with a future vision for the project area. · Reconvene as overall group to compare input and build consensus Results provide the broad framework for the specific recommendations and implementation strategies to follow in the plan. Task 6: Downtown Profile Summary We will summarize data collection on existing conditions in a working paper that identifies the strengths, weaknesses, key trends, and distinctive features of the community: This draft deliverable will form the first section of the Downtown Master Plan-the inventory of existing conditions. We will work closely with the CRA to ensure adequate review of all draft materials before public presentation and carefully revise documents to reflect input. Standard Services Agreement: Domestic Boynton Beach eRA Downtown Master Plan 4/24/2007 Page 8 Phase 2: Vision + Scenario Development Task 7: Visioning Summary/Analysis and Statement of Needs and Goals Urban Design Analysis We will summarize data collected on existing conditions in a working paper that identifies the strengths, weaknesses, key trends, and distinctive design, landscape, and circulation features of the community. This draft deliverable will form the first section of the Master Plan-the inventory of existing conditions. We will work closely with the downtown stakeholders to ensure adequate input. Economic Analysis The purpose of the economic analysis is to identify assets that can be built upon to attract development that enhances the downtown. We will review economic and employment trends in both a local and regional context, identify gaps in the mix of available services, help define increased demand for commercial, retail, office, and residential uses due to projected population growth, and explore opportunities to expand development opportunities. This section will also contain a demographic profile of downtown residents. The element will include analysis of regional real estate trends, with the goal of identifying strategies to attract investment to the project area. Our Team members ERA have a strong understanding of the area's economic conditions and will work closely with the economic development department and other real estate professionals in the community to identify the right mix of specific strategies and tools to attract quality development the eRA wishes to attract. Redevelopment Opportunities and Strategies The planning process will include a detailed site analysis of the study area, with the goal of identifying key development opportunities and critical community nodes. Once we have achieved consensus with the community about the "big picture" vision for the project area as well as understand the results of the economic analysis, we will be able to translate the vision and the market reality into recommendations for specific actions and priorities. We will also review existing land use and development codes, as well as economic incentives, to understand what may and may not be working, and make recommendations for revisions to the codes and the incentives structures. Circulation and Linkage Analysis The EDAW team will prepare transportation recommendations focusing on: in-town mobility · through town/cross town mobility · walkability, via slow traffic speeds and connected streets · encouraging use of other non-automotive modes such as bicycling and transit · appropriate parking locations and parking access potential design improvements that could enhance linkages to key locations Linkages to downtown-related land uses will be incorporated, as will recommendations for potential "gateway" locations. Analysis Summary We will summarize stakeholder interview results and public workshop visioning activities in a working paper that: · highlights citizen preferences and stakeholder input · develops core planning themes for a draft statement of needs and goals based on emerging consensus. Standard Services Agreement: Domestic Boynton Beach eRA Downtown Master Plan 4/24/2007 Page 9 The statement will identify key areas of action for the recommended plan that follows. Examples of issues that can be outlined in the statement of needs and goals include: standards for compatible land uses design guidelines for new developments and public improvements links between existing and new uses · transportation and circulation enhancements · areas of emphasis for economic development · patterns of land use that encourage walking and biking · means of preserving open space and scenic views Task 8: Strategic Framework Workshop - Vision Refinement This second public workshop encourages more structured input around specific issues and possible approaches identified through data collection and analysis and visioning. The EDAW team will introduce the workshop with a presentation that: · presents the draft master plan concept - summarizes issues and themes brought forward through the Visioning Workshop and other public participation activities; · reviews existing conditions; · identifies opportunities and constraints identified during analysis; · introduces general approaches to dealing with key planning and development issues - historic preservation, design guidelines, land use mix, transportation, etc. We will then divide participants into facilitated discussion groups around issue areas, such as land use, urban design, historic preservation, circulation, and economic development. Group participants will be asked to assess possible strategies according to basic criteria, such as: · Do they support key planning and urban design principles presented in the draft master plan? Are there other elements to explore? · Is the theme appropriate? Is it a building block for a larger vision? Are the appropriate linkages in place? · What partnerships are needed to implement the strategy-govemment, business, and neighborhoods? · Will it make a difference (with respect to a goal)? The Strategic Framework Workshop will help gauge public acceptance of master plan concept and the general plan recommendations. The EDAW team will use the feedback to assess the feasibility of possible strategies and refine the master plan and recommended steps. The workshop also builds community support by demonstrating a clear link between earlier citizen input and Master Plan recommendations. Phase 3: Action Plan Development Task 9: Recommended Plan After an analysis of existing conditions and public input, we will develop the recommended plan portion of the Master Plan. The recommended plan will be a highly graphic document that documents the vision and summarizes accompanying recommended policies. Standard Services Agreement: Domestic Boynton Beach eRA Downtown Master Plan 4/24/2007 Page 10 Land Use Strategies + Design GuidelineslTheme + Transportation The plan will address recommendations for zoning, urban design/building massing, community facilities, and circulation/ infrastructure. The draft plan will also include prioritized and strategic policy recommendations for land use, building density and massing, economic development, public realm enhancements, circulation and parking improvements, business retention and development. Fiscal Benefits + Funding Strategies The public sector cannot implement the plan alone. To be effective, the plan must also attract and sustain the ongoing interest and investment of private businesses. The EDAW team will quantify the benefits that could result from the Master Plan which would help inform potential investors. The team will explore public-private financing mechanisms for infrastructure enhancements, beautification projects, safety measures and transportation services in the project area and well as other funding altematives that could support the redevelopment in downtown. Implementation Recommendations + Prioritized Work Plan The recommended plan will include a narrative presenting step-by-step implementation with information on: roles and responsibilities of community stakeholders and agencies time frame for completion and priority of actions · benchmark indicators that allow the community to measure progress and maintain desired levels of services possible funding sources · feasibility and administrative requirements Tax Increment Finance ("TIF") Analysis and CRA Bonding Capacity The implementation plan will identify short-term "quick wins" that the CRA can undertake to demonstrate commitment to the plan and build momentum. The implementation plan will also identify mid-term & long term projects along with phasing and responsibility matrix to assist in tracking progress. This section will summarize information in a convenient and easy-to-read format with actions grouped by resource area: Task 10: Public Open House - Master Plan Presentation The final public meeting will be a public open house held at the end of the planning process. We will present the draft Master Plan concepts and gather public feedback before finalizing the document. Task 11: Final Master Plan Following any recommendations for revisions to the plan, we will prepare the final Master Plan report. We will deliver the following products to the CRA: . A camera-ready version of the Final Plan in 8 % x 11 inch bound format Executive Summary brochure Large format of the Conceptual Master Plan Fold-out graphics, renderings, and maps representing existing conditions and proposed plan recommendations. Electronic version of plan suitable for CRA's website Technical appendix containing summaries of data collection, inventories, and analysis of existing conditions Electronic mapping data . . . . Standard Services Agreement: Domestic Boynton Beach eRA Downtown Master Plan 4/24/2007 Page 11 SCHEDULE 2 Additional Services None anticipated at this time. Standard Services Agreement: Domestic Boynton Beach CRA Downtown Master Plan 4/24/2007 Page 12 Phase Phase 1 Understanding the Community Phase 2 Vision and Scenario Development Phase 3 Action Plan Development SCHEDULE 3 Phase Fee $60,000 $70,000 $50,000 I $180,000 Standard Services Agreement: Domestic Boynton Beach CRA Downtown Master Plan 4/24/2007 Page 13 Schedule 4 EDA W Standard Rate Schedule Effective January 1,2007 Professional Services Rates Staff Level Hourly Rate Range Principals $235.00 - $390.00 Senior Associates $120.00 - $195.00 Associates $85.00 - $145.00 Professional Staff $70.00 - $110.00 Administrative & Clerical Staff $55.00 - $195.00 EDA W's hourly rate schedule is subject to adjustment in January and July of each year. Reimbursable Expenses Project related expenses are in addition to the professional services fees and shall be reimbursed at 1.0 times actual cost. Such expenses include travel, lodging and subsistence, blueprinting services, printing and copying, tele-communications charges, postage and delivery, scale models and artist renderings, and similar expenses incurred in the interest of the project. Private automobile mileage: $0.485 per mile. Taxes: Any tax and or fees imposed by a taxing authority based upon gross revenues or sales shall be reimbursable in addition to the professional services fees. Standard Services Agreement: Domestic -..............................................................r . . . . . . . . . . . . p . . ~ . . . . . . . . . . . . . . . . . . . . . . . . . : IX. Old Business: : . . . . : C. Approval of Recommended Professional : . . . . : Services Providers per RFQ : . . . . . . . . . . . . . . . . . . . . l . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I............................................................... 1~~~Y~T2~lC RA iIi East Side-West S'lde-Seaslde RenaISsance BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: May 8, 2007 AGENDA ITEM: I I Consent Agenda I X Old Business New Business Public Hearing Other SUBJECT: Results of Professional Services RFQ SUMMARY: The Board authorized the publication of a Request for Qualifications for Professional Services such as architecture, engineering, planning, historic preservation, etc. In developing this request, the CRA was compliant with CCNA standards and received fourteen responses from highly qualified firms. The selection committee reviewed and ranked the proposals based on the criteria contained within the RFQ. The ranking sheet is available in the CRA office. The following three firms displayed the expertise that best suits the current and future needs of the CRA: Kimley-Hom and Associates, MSCW and REG. In completing the RFQ process, the eRA will have contracted professionals readily available to complete projects on an as-needed basis. FISCAL IMPACT: None. RECOMMENDA TIONS: Enter into continuing contracts with Kimley-Hom and Associates, MSCW and REG to provide ongoing ~~ Vivian L. Brooks Planning Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board Meetings\07 05 08 CRA Board Meeting - May\RFQ Professional Services.doc . ~ ! ~ ~ H~ :~f I~! l.j j ! I " ..... g~ ::l Ii; ... ~ ... .... .... g .. .. .. .... ... .. '"l ... II! .. .. .. ... .. ... .. 1-0. i. ~ ~ .. : ~ i. cO ::i ~ :! ::i i. ; :;: ~ ~ ~ ~ 0 M ~ ~ ~ 0 0 M . . M . 0 .. . ~ '" ,.; '" '" M '" '" '" ,.; '" '" ~~ .~. ls 111\ ""'N"- 5;; . ~ ~ c g II II U M N M N N N M M M N M M ~ co "i~ iCJ81l8 ~CJ ~~ OJ ~CJ u.. Q. . .ll~ 1;= ~~ .Ii iii~ ii~~~ i i~n ~Clliig N N N N N N N N N N N N N N ~~.!U) ~iClII.Q. .~ <> ~~ 1.1 : ! ~i~~~ ~~ ~ <> g.. g M N . 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" ~~ z ~ i!' ~ "' - N M . ~ ~ ~ <0 m ~ ~ " " :0: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY REQUEST FOR STATEMENTS OF QUALIFICATION For Continuing Contracts for Design and professional services to be provided on an on-going and/or rotating basis Background: The Boynton Beach Community Redevelopment Agency (CRA) is seeking statements of qualifications for various design and professional services to be provided on an on-going and/or rotating basis. The contract between the CRA and the firms selected shall be a Continuing Contract as defined in Florida Statute Section 287.055(2)(g) and subject to the limitations necessary to qualify as such. Services desired include, but shall not necessarily be limited to, architecture, landscape architecture, civil engineering, traffic engineering, and marine engineering. The CRA guides redevelopment activities that will create a vibrant downtown core and revitalized neighborhoods within the +/- 1,650 acre district in eastern Boynton Beach. Since adoption of the Boynton Beach 20/20 Redevelopment Master Plan in 1998 and component strategic plans in subsequent years, the redevelopment area had grown physically and tax increment revenues have also grown tremendously. This physical and fiscal growth has enabled the CRA to undertake and complete projects such as the Boynton Beach Boulevard Extension and Promenade. These projects feature the extension of Boynton Beach Boulevard, a pedestrian and vehicular gateway linking the Promenade to the Marina area and the Promenade pedestrian element leading pedestrians past "Pete's Pond" Park eastward along the marina boat slips to the Intracoastal Waterway. This area provides the community an events area with permanent public accommodations such as restrooms, water fountains, temporary stage areas, trash receptacles, shade and seating areas. The area has several sites for public art to add attractions along the walk with shade created from imitation "sails" of fabric providing comfort and visually tying the Promenade look to the adjacent marina. Other projects include the CRA's recent purchase of the 1927 High School in the Town Square area and the Two Georges Marina along the waterfront. In partnership with the recently selected Five Towns College from Dix Hills, New York, the CRA will help to transform the Town Square area into a vibrant center of civic, cultural and recreational uses as a western anchor to the downtown core, which now includes the City's WiFi system. At the eastern end of that core area, the Two Georges Marina area includes a 24- . slip marina and office, and will ensure residents public access to waterways for generations to come. The CRA is also committed to affordable housing. The CRA has recently launched a down payment assistance program to put homeownership within reach for local residents. Up to $50,000 in interest free down payment assistance is available to qualified individuals and families trying to buy a home within the redevelopment area. This program is funded using State Housing Initiatives Partnership funds and is administered through the Boynton Beach Faith Based Community Development Corporation. Future City/CRA projects include public improvements to Wilson, Intracoastal and Jaycees parks, as well as the Town Square area. These projects may include public buildings, landscape and hardscape improvements intended to enhance the public's use of these areas. In addition, the CRA has recently approved a master developer to negotiate for the Heart of Boynton project which will include a mix of commercial and residential uses with complementary public improvements needed to support the private development. In order to accomplish the numerous public improvement projects that are being considered, it is the CRA's intent to select a maximum of three qualified firms to provide the desires services. It is the CRA' s preference for all or substantially all services to be provided by a single firm or a team of firms. The CRA intends that firms selected will provide on-going services on a rotating basis or other basis as determined at the sole discretion of the CRA. Design and other professional services desired by the eRA are as follows: · Architecture. It is anticipated that the architects selected will provide consulting as well as design services including conceptual, schematic, design development and/or construction documents for public buildings (pavilions, park structures, etc.), as well as affordable housing projects and adaptive reuse/restoration of existing buildings with historic character. · Landscape architecture. It is anticipated that the landscape architects selected will provide consulting as well as design services related to conceptual, schematic, design development and/or construction documents for landscape and hardscape of public places and spaces in an urban setting including but not necessarily limited to parks, public properties, rights-of-way and easements. · Civil engineering. It is anticipated that the civil engineers selected will provide consulting as well as design services related to conceptual, schematic, design development and/or construction documents for various projects that require paving, storm drainage, sanitary sewer, potable water, fire protection and other related improvements for public places and spaces in an urban setting including but not necessarily limited to parks, public properties, rights-of-way and easements. · Traffic engineering. It is anticipated that the traffic engineers selected will provide general traffic consulting as well as conducting various traffic, trip 2 generation, parking and other similar studies for possible future projects, or to evaluate existing conditions and project future need. i · Marine engineering. It is anticipated that the marine engineers selected will assist with design and construction of improvements to the recently acquired waterfront and marina property acquired by the CRA, as well as other marine related tasks. It is the CRA' s preference for substantially all or all of the services to be provided by a single firm or team of firms, and the CRA, at its sole discretion, may accept or reject statements of qualification from firms offering services in only one discipline. Statements of Qualification Interested firms shall provide the following information in the following format: Section I - Cover letter - Section I shall include a cover letter which will provide a brief summary of the firm, what category(ies) of services the firm is desirous of being considered for, and who the principal point of contact will be for the services. It is the desire of the CRA to have one (1) point of contact for these services. Section II - Firms qualifications - Section II shall provide a detailed description of the firm in relationship to the services being offered. This section shall include: · A detailed description of experience and qualifications for the services being offered including but not necessarily limited to: o Years providing the services being proposed. o References for similar services being proposed. o List of projects. · Organizational chart listing the principal point of contact, key professional staff, and other key support staff who are anticipated to work on eRA projects, and illustrating how the company is organized to provide the services being offered. · Any licenses, certifications or other related professional credentials held by the company. · Information on professional liability, workers compensation and other appropriate insurances carried by the company. · List and description of any outstanding claims against the company. · List and description of any projects from which the company has been relieved of duty. · Other appropriate information as determined by the company. Section III - Key personnel qualifications - Section III shall provide a detailed description of the individuals and their qualifications in relationship to the services being offered. This section shall include: · A list of each person a~ticipated to provide service for the CRA under this solicitation and their relevant experience including: o Eaucation. 3 o Years of experience. o References for similar services being proposed. o List of projects. o Any licenses, certifications or other related professional credentials held by the individual. o Other appropriate information as determined by the company. Companies which offer their services for any category of service noted above acknowledge that the personnel described in their statement of qualification are an important component to selection. Further, it is the obligation of any firm selected to immediately notify the CRA if one or more of the key personnel become unavailable to work on CRA projects on either a permanent or temporary basis. Removal, replacement and/or substitution of any key personnel may cause the company to be disqualified from providing service to the CRA at the CRA's sole and absolute discretion. Section IV - General Business Terms - Section IV shall provide the general business terms under which the company typically provides services. Those general business terms shall include: · Typical fee structure - the company shall provide a list of positions (which shall also correspond to the key personnel described in Section III), and the hourly billing rates associated with each of those positions. Companies offering their qualifications for consideration agree to provide services, as appropriate, under the following fee structures: o Lump sum fee. When a scope of services can be clearly outlined and the level of effort for those services can be determined, the CRA shall require the consultant to perform said services for a lump sum fee based on an anticipated level of services applied to the hourly rates required herein. o HourlylNot-to-Exceed. When a scope of services cannot be clearly defined in terms of level of effort or the level of effort of a defined scope of services cannot be precisely defined, the CRA will consent to an hourly billing on a not-to-exceed dollar amount basis. The CRA will require that when billings reach 75% of the not-to-exceed amount the consultant must notify the CRA in writing and provide an estimate of the level of effort to complete the work assigned. At the CRA's sole and absolute discretion the services may be allowed to continue or the CRA may elect to terminate the services and the firm if sufficient progress has not been made on the project. · Contract form - the company shall provide their standard form written contract which is used with other similar design and/or consulting services. The CRA shall consider the standard form and at the CRA' s sole and absolute discretion may reject or revise certain provisions if they are determined to be unacceptable, or may propose its own contract. · Fees, Term and Termination - the CRA intends to enter into Continuing Contracts with selected firms. The Contracts shall be for the rendering of services for those projects where construction costs do not exceed One Million Dollars 4 ($1,000,000), for study activities when fees do not exceed Fifty-Thousand Dollars ($50,000), or for work of a specified nature as outlirted in the future contract required by the eRA. The contracts may have no time limitation. The contract must provide a termination clause, pursuant to the definition of "continuing contracts" as set forth within section 287.055(2)(g), Florida Statutes. However, generally, the CRA intends to enter into agreements with selected firms for up to one (1) year with the option for up to four (4) annual renewals subject to the mutual agreement of both parties. The future agreements will provide for a termination clause stating that services may be terminated by either party with 30- days written notice to the other. Selection Process: All statements of qualification are encouraged to be brief and to the point. The CRA staff plans to review the responses and may conduct interviews prior to establishing a short list of firms for selection. Statements of qualification will be reviewed, rated and ranked based on the following: . Firms qualifications · Qualification of key personnel · Acceptability of fee structure The CRA reserves the right to consider any and all information provided by the company in its statement of qualifications and to accept or reject any or all statements at the CRA's sole and absolute discretion. Interested parties are required to submit one (1) unbound original and fifteen (15) copies of their statements of qualification on or before April 30, 2007 to: Lisa Bright, Executive Director Boynton Beach CRA 915 South Federal Highway Boynton Beach, FL 33435 Timeline: March 15,2007 April 3, 2007 Publication of Notice Voluntary Pre-proposal meeting for interested parties at CRA offices at 9:00 am Proposal packages due to CRA office by 3:00 pm Selection of short list of proposers by CRA Board of Directors April 30, 2007 June 12, 2007 Facsimile transmissions and electronic submissions will not be accepted. Any responses received by the CRA after 3:00 pm on April 30, 2007 will be rejected and returned, unopened, to the proposer. Any question regarding whether a submittal has been submitted timely shall be resolved by reference to the time kept by the CRA's receptionist or delegated representative for the receipt of submittals. 5 The CRA staff will review the statements of qualification and intends to short list a maximum of three (3) firms in each of the categories of servic~, but may select more or less at staffs sole and absolute discretion. Upon short-listing, staff may request that its board of directors approve services agreements to be executed with each firm selected outlining the general services to be provided, the rates of pay and method of providing services. This services agreement will not serve as a notice to proceed but will provide the basis for future notices to proceed on specific projects. Specific projects will be contracted for only after funds are appropriated (as needed) and a written notice to proceed is issued. 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 brooksvi@ci.boynton-beach.fl.us Telephone: (561) 737-3256 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 CRA'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. 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 6 "A person or affiliate who has been placed on the convicteCl 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." 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 the proposal. 7 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) 8 -..............................................................r . . . . . . . . . . . . ~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . r . ~ . . . . . . . . . . . ,............................................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . r IX. Old Business: D. Approval of PBC Development Regions Grant Agreement for Village Homemade Ice Cream APR-27-2007 13:~4 From: To:4098~2419~000~737325 P.2/2 1ThmrIT130~YNTON eRA ~~3~A'C--H . Ea,t Side~West Slde-Se.,ide Renal...n<e BOYNTON BEAC'H eRA AGEND,A ITEM" STAFF REPORT eRA BOARD ME'ETING OF: May 8. 2007 AGENDA ITF.M; I I Cons~nt Agenda I X Old II1Isiness N~w Business - Publi~ Heal.ing Other~ SUBJECT: Approval ofPillm Be.ach County Develupment Regions Grant AgreenlMt for Village Homemade lee Cream SUMMAI{Y: At the February R. 2007 eRA Bonrd meeting, the Board approved a tunding match to a Palm Beach County Development Regions Grant for ViUage Homemade Iet:~ Cream in the amount nf$50,OOO. In March, the County's Ove11'l1J Econ.omic Dcvtl]oprnent Program committee recommended llPp1'Oval of a grant to the busine;~ in t.he all.1ount of'SSO.OOO. The attached Agreement from the County olltlincs the eRA'::; re~pon~ihilities relative to the County's grant. FISCAL IMPACT: None RECOMMENDA TIONS: Approve the Palm Bench County Development Regions Grant A~c=c=ment between the eRA and flahn Beach County On behalf ofVillag~ Homemade Ice Cream. eRA Counsel will prepare an Rgreemem with Village HOlU,tlUU.H.lt: Ice Cream to outline its responsibilities plll'S1I8uL tv this Agreem.ent. JLu~ ~b Vivian L. Broo~ Planning Director ~04A AL~ ~~ eRA Attol1'lcy T,IAGENDAS. CONSENT AGF.ND^S, MONTHLY t=(epORTS\Compl/Mad ^gcndOl It urn Request Fnrms by MeellllliIFY :!OO6-2007 Boolu Meetingsl07 05 Oil eRA B08I'd MetJtlng - ~y\P1'I C'oO..Inty OR Agreement.doc PALM BEACH COUNTY DEVELOPMENT REGIONS GRANT AGREEMENT THIS AGREEMENT is made as of , by and between Palm Beach County, a political subdivision of the State of Florida, by and through its Board of County Commissioners, hereinafter referred to as COUNTY, and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (CRA), a public body corporate and politic. hereinafter referred to as GRANTEE, WIT N E SSE T H: WHEREAS, it is the policy ofthe COUNTY to stimulate and encourage economic growth in Palm Beach County; and WHEREAS, the Board of County Commissioners has determined that providing assistance and support within development regions is essential to a stronger, more balanced, and stable economy in Palm Beach County; and WHEREAS, GRANTEE wishes to provide such assistance and support by participating in the redevelopment and revitalization of a development region within GRANTEE'S geographic boundaries; and WHEREAS, the Board of County Commissioners has determined that the GRANTEE is best able to provide such assistance and support, as set forth by the terms of this Agreement; and WHEREAS, the Board of County Commissioners has determined that it is in the public's best interests to award a grant to the GRANTEE pursuant to the terms of this Agreement. NOW, THEREFORE, in consideration of the promises and mutual covenants hereinafter contained, the parties do agree as follows: I. TERM OF AGREEMENT This Agreement is expressly contingent upon the approval of the Palm Beach County Board of County Commissioners, and shaH become effective only when signed by all parties and approved by the Palm Beach County Board of County Commissioners, This Agreement wiH commence on June 19.2007 and expire forty-four (44) calendar months following the Effective Date on February 19.2011. II. MAXIMUM GRANT AMOUNT In no event shall the reimbursements made to GRANTEE pursuant to this Agreement exceed the maximum total Grant Award offiftv thousand dollars ($50.000). III. GRANTEE=S PERFORMANCE OBLIGATIONS A, Redevelopment Activities. GRANTEE shaH contract with one or more qualified entities to perform certain redevelopment activities as more specifically set forth in Exhibit A, attached hereto and incorporated herein by reference, Such activities as described in Exhibit A shall commence within twelve (12) calendar months of the effective date of this Agreement. GRANTEE shall cause the redevelopment activities contemplated by this Agreement to be completed in accordance with the terms ofthis Agreement. GRANTEE agrees that it shall be solely liable to COUNTY for performance under this Agreement, and that in the event of default, GRANTEE shall, as more specifically set forth hereinafter, refund to COUNTY the Grant Award, GRANTEE herehy certifies that it is authorized by law to be so bound, DR 2007 Contract - Boynton Beach CRA B. Grant A ward and Job Requirements. GRANTEE shall cause, as a direct result of the activities set forth in Exhibit A to this Agreement, the creation of at least five (5) fuO-time or equivalent jobs and ~ (1) part-time job dr equivalent job in Palm Beach County within twenty (20) months rFebruary 19. 20091 and maintain same for twenty-four (24) months, or through the forty-fourth (44th) month [February 19, 2011], which ever shall occur first. The grant award is $9.090.90 per full-time or equivalent job and $4.545.45 per full-time or equivalent job. The total grant award shall not exceed $50.000. In the event the GRANTEE fails to create and thereafter maintain, all of the aforementioned jobs, GRANTEE shall refund to COUNTY the amount equal to the grant award per job, multiplied by the number of positions not created and maintained, GRANTEE shall provide evidence, satisfactory to COUNTY, substantiating the number, dates and salaries of all jobs created in Palm Beach County. Such evidence must be provided with the final semi-annual report in the format set forth on Exhibit C. For the purposes hereof, a full-time or equivalent jQQ equals one job totaling 2080 hours annually or two or more positions that together total at least 2080 hours per year, and a part time or equivalent iob equals one job totaling 1040 hours annually or two or more positions that together total at least 1040 hours per year, A job must pay a salary equal to or better than the minimum wage as determined by the Florida Agency for Workforce Innovation, For the purposes of this Agreement, the term salary means wages, gratuities, salaries, commissions, bonuses, drawing accounts (against future earnings), prizes and awards (if given by an employer for the status of employment), vacation pay, sick pay, and other payments consistent with the Florida Agency for Workforce Innovation definitions, paid to employees, ' C. Workforce Alliance. Inc. In the event a job becomes available, the business shall mail the job description to the Workforce Alliance, Inc. at the address stated below. It is the intent ofthis clause to make all opening positions available on a competitive basis, Kathryn Schmidt, President/CEO Workforce Alliance, Inc, 326 Fern Street, Suite 310 West Palm Beach, FL 33401 561-340-1061, Ext. 201 Fax: 561-340-1062 D. Verification of Terms and Conditions. As a further condition to retaining any Grant funds from COUNTY, the GRANTEE shall provide to COUNTY written verification, satisfactory to COUNTY in its sole discretion, that GRANTEE has satisfied the terms and conditions of this Agreement, or caused the same to be satisfied. GRANTEE may provide to COUNTY this verification at any time following satisfaction of such terms and conditions, but not later than February 20, 20 I L the expiration ofthe fortv- fourth (44th) month subseQuentto the Effective Date ofthis Agreement, In the event GRANTEE fails to create and maintain the required jobs, or provide the aforementioned verification within the permitted times, GRANTEE shall refund to COUNTY the portion of the grant award paid by COUNTY to GRANTEE for each job not created, maintained and verified. E. Material Chan2e of Circumstances. GRANTEE shall immediately notify COUNTY of any material change of circumstances at the business( es) identified on Exhibit A hereto. For the purposes hereof, material change of circumstance shall include, but not be limited to, the failure of the business( es) to diligently and actively pursue fulfillment ofthe terms hereof, the sale or transfer of more than 10% of the assets or stock or ownership interest in the business(es), the suspension, closing or cessation of operation of the business( es), voluntary or involuntary bankruptcy or an assignment for the, benefit of such business( es) creditors. In the event of a material change of circumstances, COUNTY shall have the right to terminate this Agreement, 2 DR 2007 Contract - Boynton Beach CRA whereupon COUNTY shall have no further obligation to GRANTEE under this Agreement. Any Agreement entered into between GRANTEE and such business(es) shall require such business( es) to immediately notify GRANTEE and COUNTY of a material change of circumstances and shall infonn such business( es) of the potential for tennination of funding in the event of a material change of circumstances, GRANTEE shall use reasonable diligence to monitor the business(es) to insure that no material change of circumstances occur at such business(es) which COUNTY is not infonned of and shall certify to COUNTY the absence of same at the time of any requests for payment hereunder. F. Budl!.et Chanl!.es. Project budget changes in Exhibit A of up to ten percent (I 0%) of the amount stated in this Agreement may be approved, in writing, by the Economic Development Director at his/her discretion during the period of this Agreement. . Such requests for budget changes must be made in writing by the GRANTEE to the Economic Development Director. IV. PAYMENT PROCEDURES, CONDITIONS A, Reimbursement of Elil!.ible Expenses. Upon satisfaction of conditions set forth herein, COUNTY shall pay GRANTEE a grant award of $50.000 (the "Grant Award"), GRANTEE shall only be entitled to receive the Grant Award available under this Agreement in reimbursement of expenses related directly to the work as set forth on Exhibit A, for the eligible types of expenditures which are identified on Exhibit B to this Agreement, which is attached hereto and incorporated herein by reference (the "Eligible Expenses"). To be eligible for reimbursement, such expenses must be: 1. incurred on or after June 19,2007; and 2, incurred not more than eighteen (18) calendar months rending December 19. 20081 subsequent to the Effective Date of this Agreement; B. Proper Documentation of Expenses. Requests for payment of Eligible Expenses incurred after the Effective Date ofthis Agreement shall be submitted to COUNTY, and shall be accompanied by proper documentation as detennined by County in its sole discretion. For the purposes of this paragraph, originals or copies of invoices, receipts, or other evidence of indebtedness shall be considered proper docmnentation, In the case of invoices that have not first been paid by GRANTEE, GRANTEE shall certify to the COUNTY that each invoice presented for payment relates directly to work satisfactorily completed in accordance with this Agreement, C. Reimbursement Deadline. Requests for payment of Eligible Expenses shall not be honored if received by COUNTY later than the expiration date of the twentieth (20) calendar month [February 20,2008]. If GRANTEE fails to submit any requests for payment of Eligible Expenses by the expiration date of this Agreement, then COUNTY'S obligation under this Agreement shall automatically tenninate, thereby relieving COUNTY of any future obligations hereunder. D. Failure to Comply. If the GRANTEE fails to comply with any of the provisions of this Agreement, the COUNTY may withhold, temporarily or permanently, all, or any, unpaid portion of the Grant A ward upon giving written notice to the GRANTEE, terminate this Agreement and/or demand a refund of the Grant Award and the COUNTY shall have no further funding obligation to the GRANTEE under this Agreement. E. Repavment of Funds. The GRANTEE shall repay COUNTY for all unauthorized, illegal or unlawful expenditures of funds, including unlawful and/or unauthorized F expenditures discovered after the expiration of this Agreement. The GRANTEE 3 DR 2007 Contract - Boynton Beach CRA shall also be liable for reimbursing the COUNTY for any lost or stolen funds, F, Termination of A2reement. Termination of this Agreement by COUNTY shall relieve COUNTY of any further obligation hereunder. Such tennination shall not release GRANTEE from its obligations hereunder, including, without limitation, those relating to verification of jobs created and maintained and refunding any unearned portion of the Grant A ward. Any portion of the Grant A ward which is to be repaid to the COUNTY pursuant to this Agreement is to be repaid by delivering to the COUNTY a cashier's check for the total amount due, payable to Palm Beach County, within ninety (90) days of the COUNTY's demand therefor. G. Remedv and Ri2hts. Nothing contained herein shall be construed as limiting or waiving any rights of COUNTY or preventing COUNTY from pursuing any other . remedy which may be available to it under law, Nothing contained herein shall act as a limitation of the COUNTY's rights in the event the GRANTEE fails to comply with the terms of this Agreement. V. COUNTY'S DEFAULT A. Nature of Default Notice. In the event that the COUNTY fails to comply with the terms of this Agreement, then GRANTEE shall provide the COUNTY with notice detailing the nature of the default, whereupon COUNTY shall have 30 days within which to initiate action to correct the default and 90 days within which to cure the default. B, Fail to Cure Default. In the event that the COUNTY fails to cure the default, GRANTEE shall have the right to terminate this Agreement. The Effective Date of the termination shall be the date of the notice oftermination by the GRANTEE, VI. REPORTING REQUIREMENTS GRANTEE shall submit to COUNTY semi-annual reports satisfactory to COUNTY in its sole discretion in the format set forth on Exhibit C, attached hereto and incorporated herein by reference. These reports shall be submitted no later than thirty (30) days following completion of each reporting period. Reportin2 Period 1 (July - December '07) 2 (January - June '08) 3 (July - December '08) 4 (January - June '09) 5 (July - December '09) 6 (January - June' 10) 7 (July - December '10) 8 (January - June '11) Due Date Thursday, January 31,2008 Thursday, July 31, 2008 Friday, January 30,2009 Friday, July 31, 2009 Friday, January 29, 2010 Friday, July 30,2010 Monday, January 31,2011 Friday, July 29,2011 All grant payments made pursuant to this Agreement shall be contingent on the receipt and approval of the semi-annual reports required by this paragraph. Failure of GRANTEE to submit satisfactory reports shall entitle COUNTY to terminate this Agreement and demand a refund of all or a portion of the Grant Award, VII. FINANCIAL ACCOUNTABILITY, REPORTS AND AUDITS The COUNTY may have an audit, a financial system analysis and/or an internal fiscal control evaluation ofthe GRANTEE performed by an independent auditing firm employed by the COUNTY or by the COUNTY Internal Auditor, at any time the COUNTY deems necessary to determine the capability of the GRANTEE to fiscally manage the Grant Award, Upon completion of all tasks contemplated under this Agreement, copies of all documents and recOl'ds relating to this Agreement shall be submitted to the COUNTY if requested, 4 DR 2007 Contract - Boynton Beach CRA VIII. PERFORMANCE The parties expressly agree that time is of the essence with reganfto performance hereunder and failure by GRANTEE to complete performance within the times specified, or within a reasonable time if no time is specified herein, shall, at the option of the COUNTY, in addition to any of the COUNTY'S other rights or remedies, relieve the COUNTY of any obligation under this Agreement. IX. EXCUSABLE DELAYS The GRANTEE shall not be considered in default by reason of any failure in performance if such failure arises out of causes reasonably beyond the control of the GRANTEE or its subcontractors and without their fault or negligence, Such causes include, but are not limited . to, acts of God, force majeure, natural or public health emergencies, labor disputes freight embargos, and abnormally severe and unusual weather conditions. X. INDEMNIFICATION Without waiving the right to sovereign immunity as provided by Florida Statute, Chapter 768,28, GRANTEE shall protect, defend, reimburse, indemnify and hold COUNTY, its agents, its employees and elected officers harmless from and against all claims, liability, expense, loss, cost, damages, or causes of action of every kind or character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, arising during and as a result of GRANTEE's performance ofthe terms of this Agreement or due to the acts or omissions of GRANTEE, XI GRANTEE INSURANCE REQUIREMENTS GRANTEE shall, on a primary basis and at its sole expense, agree to maintain at all times during the life of this Agreement, self-insurance, insurance coverages, limits, including endorsements, as described herein, The requirements contained herein, as well as COUNTY'S review or acceptance of self-insurance or insurance maintained by GRANTEE are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by GRANTEE under the Agreement. A. Soverehm Immunitv. Without waiving the right to sovereign immunity as provided by Florida Statute, Chapter 768.28. GRANTEE reserves the right to self-insure for General Liability and Automobile Liability under Florida's sovereign immunity statute with coverage limits of$100,000 Per Person and $200,000 Per Occurrence; or such monetary waiver limits as set forth by the Florida Legislature, B. Liabilitv & Additional Insured. In the event GRANTEE maintains Commercial General Liability or Business Auto Liability, GRANTEE agrees to maintain said insurance policies at limits not less than $500,000 per occurrence, GRANTEE further agrees to endorse Palm Beach County Board of County Commissioners as an "Additional Insured" to the Commercial General Liability, but only with respect to negligence other than COUNTY's negligence arising out of this Agreement. This paragraph does not apply to an indemnity based claims-biD general liability policy. C. Worker's Compensation & Emplover's Liabilitv. GRANTEE agrees to maintain, or self-insure, Worker's Compensation & Employer's Liability insurance in accordance with Florida Statute, Chapter 440. D. Statement or Certificate of Insurance. GRANTEE agrees to provide a statement, or Certificate of Insurance, evidencing insurance or self-insurance for the above required coverages to the attention of Palm Beach County, Economic Development Office, Governmental Center, 10th Floor, P,O, Box 1989, West Palm Beach, FL 5 DR 2007 Contract - Boynton Beach CRA 33402, E. Countv Reserves the Ri2ht. COUNTY, by and through its Risk Management Department, in cooperation with the Office of Economic Development, reserves the right to review, modify, reject or accept any required self-insurance, policies of insurance, including limits, coverages, or endorsements, throughout the life of this Agreement. COUNTY reserves the right, but not the obligation, to review and reject any self-insurer or insurer providing coverage because of its poor financial condition or failure to operate legally. XII A V AlLABILITY OF FUNDS The COUNTY'S obligation to pay under this Agreement is contingent upon annual . appropriation for such purpose by the Board of County Commissioners, XIII REMEDIES This Agreement shall be governed by the laws of the State of Florida, Any legal action necessary to enforce the Agreement shall be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity, by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. XIV NONDISCRIMINATION The GRANTEE warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation, XV. SEVERABILITY If any term or provision of this Agreement, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such terms or provisions, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law, XVI ENTIRE AGREEMENT The COUNTY and the GRANTEE agree that this Agreement sets forth the entire agreement 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 this Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. XVII CONSTRUCTION No party shall be considered the author of this Agreement since the parties hereto have participated in extensive negotiations and drafting and redrafting ofthis document to arrive at a final Agreement. Thus, the terms of this Agreement shall not be strictly construed against one party as opposed to the other party based upon who drafted it. XVIII. SURVIVAL The>parties' warranties, agreements, covenants and representations set forth m this 6 DR 2007 Contract - Boynton Beach eRA Agreement shall survive the expiration or termination of this Agreement. XIX. ASSIGNMENT GRANTEE may not assign this Agreement or any interest herein without the prior written consent of COUNTY, which may be granted or withheld at COUNTY's sole and absolute discretion, XX. GOVERNING LA W & VENUE This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Florida, Venue in any action, suit or proceeding in connection with this Agreement shall be in a state court of competent jurisdiction in Palm Beach County, Florida, . XXI. BINDING EFFECT This Agreement shall be binding upon, and shall inure to the benefit of, the parties hereto and their respective legal representatives, successors and assigns, XXII. HEADINGS The paragraph headings or captions appearing in this Agreement are for convenience only, are not part of this Agreement, and are not to be considered in interpreting this Agreement. XXIII. WAIVER No waiver of any provision of this Agreement shall be effective against any party hereto unless it is in writing and signed by the party(s) waiving such provision, A written waiver shall only be effective as to the specific instance for which it is obtained and shall not be deemed a continuing or future waiver, No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. XXIV. CRIMINAL HISTORY RECORDS CHECK The GRANTEE shall comply with the provisions of Ordinance 2003-030, the Criminal History Records Check Ordinance (AOrdinance@), if GRANTEE=S employees or subcontractors are required under this contract to enter a Acritical faciIity@ as identified in Resolution R-2003-1274, The GRANTEE acknowledges and agrees that all employees and subcontractors who are to enter a Acritical faciIity@ will be subject to a fingerprint based criminal history records check, Although COUNTY agrees to pay for all applicable FDLEIFBI fees required for criminal history record checks, the GRANTEE shall be solely responsible for the financial, schedule, and staffing implications associated in complying with Ordinance 2003-030, XXV. REGULATIONS; LICENSING The GRANTEE shall comply with all laws, ordinances and regulations applicable to the services contemplated herein, to include those applicable to conflict of interest and collusion, CONSULTANT is presumed to be familiar with all federal, state and local laws, ordinances, codes and regulations that may in any way affect the services offered, XXVI. NOTICE All notices and elections (collectively, "notices") to be given or delivered by or to any party hereunder, shall be in writing and shall be (as elected by the party giving such notice) hand delivered by messenger, courier service or Federal Express, or alternately shall be sent by United States Certified Mail, with Return Receipt Requested, The effe<!tive date of any notice shall be the date of delivery of the notice ifby personal 7 DR 2007 Contract - Boynton Beach eRA delivery. courier services or Federal Express, or if mailed, upon the date which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as non-deliverable, as the case may be, The parties hereby designate the following addresses as the addresses to which notices may be delivered, and delivery to such addresses shall constitute binding notice given to such party: Kevin Johns Economic Development Director Economic Development Office, 10th Floor 30 I North Olive A venue West Palm Beach, Florida 33401 561-355-3624 Fax: 561-355-6017 with a copy to: Dawn Wynn, Assistant County Attorney County Attorney's Office 301 North Olive Avenue West Palm Beach, Florida 33401 561-355-2225 Fax: 561-355-6461 and if sent to the GRANTEE shall be mailed to: Vivian Brooks, CRA Planning Director Boynton Beach Community Redevelopment Agency 915 S, Federal Highway Boynton Beach, Florida 33435 561-737-3256 Fax: 561-737-3258 brooksvi@ci.boynton-beach,fl,us with a copy to: Kenneth G, Spillias, Esq, Lewis, Longman & Walker, P.A. 1700 Palm Beach Lakes Boulevard, Suite 1000 West Palm Beach, Florida 33401 Telephone: 56 I -640-0820 Fax: 561-640-8202 Any party may from time to time change the address to which notice under this Agreement shall be given such party, upon three (3) days prior written notice to the other parties, (Remainder of page left blank intentionally,) 8 DR 2007 Contract - Boynton Beach CRA IN WITNESS WHEREOF, the Board of County Commissioners of Palm Beach County, Florida has made and executed this Agreement on behalf of the COUNTY and the GRANTEE has hereunto set its hand the day and year above written. ATTEST: SHARON R, BOCK, Clerk & Comptroller By: Deputy Clerk ATTEST: By: Title: APPROVED AS TO TERMS AND CONDITIONS By: Department Director APPROVED AS TO FORM AND LEGAL SUFFICIENCY By County Attorney By: PALM BEACH COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS: By: Addie L. Greene, Chairperson BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY: Chair FILENAME Ip H:IWPDA T AIDR 11-2007lContraclslBoynton Beach CRA,doc DR 2007 Contract - Boynton Beach CRA 9 Exhibit A BUSINESSIPUBLIC IMPROVEMENT PROJECT AND PROJECT DESCRIPTION Project Name #1: KU Holdings, LLC d/b/a Village Homemade Ice Cream Cafe Description: Business will be a storefront retail operation in the new Marina Village development in downtown Boynton Beach, The business will specialize in the production, sales and distribution of premium branded ice cream products & other top quality items, Owners recently purchased the retail condo parcel totaling $296,460 in Dee, 2006, Build out will be completed by the owners, . County funds will assist with purchase of specialty equipment. Location: 100 NE 6th Street, Ste. 102, Boynton Beach, F]orida 33435 Performance Goal: Full-time or equivalent jobs to be created: 5 Part-time or equivalent job to be created: 1 Full-time Q! equivalent jobs existing at time of contract: 0 Funding Sources: Palm Beach County City/CRA Business Project Total Project Cost $ 50,000 $ 50,000 $415,689 $515,689 Contact: Steven Drucker, Owner/Managing Partner KU Ho]dings, LLC d/b/a Village Homemade Ice Cream Cafe 22913 Ironwedge Drive Boca Raton, F]orida 33433 Phone: 561-702-7251 Fax: 56]-392-7984 Emai]: calldc@aol.com 10 DR 2007 Contract - Boynton Beach CRA Exhibit B LIST OF ELIGIBLE EXPENSES 1. Acquisition of real property, 2, Expansion of existing property, 3, Providing payment of impact fees, 4, Public Improvements, (Includes Facade Programs) DR 2007 Contract - Boynton Beach CRA 5, Construction or'new buildings, 6, Renovation of existing buildings, 7, Site development. 8. 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Presentation of Treasure Coast Regional : . . . . : Planning Council Market Update : I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,............................................................... -..............................................................r . . . . . . . . . . . . ~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . for Townhouse Project : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . r . . . . . . . . . . . . . ,............................................................... lo. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,.. x. New Business: A. Consideration to Purchase 127 NE 4th Avenue (Bailey) APR-30-2007 15:54 From: To:4098#2419#000#737325 P.2~2 ,.'.r. f' i ~~~qY~T2~CRA ill East Sid. -West Side-Seaside RenaISsance BOYNTON BEACH eRA AGENDA ITEM STAFF REPOR1~ eRA BOARD MEETING OF: May 8, 2007 AGENDA ITEM: Approval to PurchHse the Bailey Property Located at 127 No 4lh Avenue L I.. Consent Agenda I Old RUHinl!S8 I X I New Rusineb'S '_.., , " Public Hearing J Other SUBJECT: A ffordahle Housing Development SUMMARY: In both the Janlwry lmd March 2007 eRA Board meetings~ the Board approved the purchase of the Rohinson and Russo propCltjcs Jocfited On NE 5th A venue. Thcsc properties combined will allow the eRA a large: art:a for a future workforce housing development in pllrtnership with thc Boynton Beach ,Faith Based Community Development Corpofution. The acquisition of the Hailey adjtlCenl purcel will permit construction or an additional 5 units for :it tOlal of 45 units. The propel1)' curJ'cntly consists of 8 smHIt single family residcnce and cottage siLuated on a 75ft x 150ft Jot. The property appraised at $200,000.00 on March 15, 2007, which the Seller has agr(;(;; to a~(:'ept. The Seller's original asking price was $275,000.00. FISCAL IMPACT: $200,000 pju~ customary closing costs of approximatcly $4,000. The funlls will come from Bond IT proceeds. RECOMMENDATIONS: Approve the purchase agreemenL beLween the eRA and Sandra Bailey for 127 NE 41h Avenue in the amounL of' $200,000.00. . . ff~~ Michael Simon eRA lkvc/opmcllt Manager .f?~ C;\DocumeIlIS an" SettinQs\ksDillios\Local $oninQS\Tomporal'V Internet Fifosl.Bailov Purchase.doc PURCHASE AGREEMENT This Purchase Agreement (hereinafter "Agreement") is made and entered into as of the Effective Date (hereinafter defined), by and between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III, of the Florida Statutes (hereinafter "CRA") and SANDRA S. BAILEY, (hereinafter "SELLER"). In consideration of the mutual covenants and agreements herein set forth, the Parties hereto agree as follows: 1. PURCHASE AND SALE/PROPERTY. SELLER agrees to sell and convey to CRA and CRA agrees to purchase and acquire from SELLER, on the terms and conditions hereinafter set forth, the Property located in Palm Beach County, Florida (the "Property") and more particularly described as follows: Address: Legal Description: 127 NE 4th Avenue, Boynton Beach, FL 33435 SHEPARD ADD W ~ of Lot 3/ Less N 140ft / & E 25ft of Lot 4/ Less N 140ft / BLK 3 08-43-45-21-29-003-0034 Parcel Number: 2. PURCHASE PRICE AND PAYMENT. The Purchase Price to be paid for the Property shall be Two Hundred Thousand ($200,000.00) Dollars, payable in cash, by wire transfer of United States Dollars at the Closing. 3. DEPOSIT. 3.1 Earnest Monev Deposit. Within five (5) Business Days after the Effective Date, Purchaser shall deliver to Lewis, Longman & Walker, P.A.("Escrow Agent") a deposit in the amount of Five Thousand Dollars ($5,000.00) Dollars (the "Deposit"). 3.2 AoplicationlDisbursement of Deoosit. The Deposit shall be applied and disbursed as follows: The Deposit shall be delivered to SELLER at Closing and the CRA shall receive credit for such amount against the Purchase Price. If this Agreement is terminated during the Feasibility Period (hereinafter defined) for any reason, the Deposit shall be immediately refunded to the CRA. If this Agreement is terminated due to a default, pursuant to Section 12, the Deposit shall be delivered to (or retained by, as applicable) the non-defaulting Party, and the non-defaulting Party shall have such additional rights, if any, as are provided in Section 12. 3.3 Escrow Agent. eRA and SELLER authorize Escrow Agent to receive, deposit and hold funds in escrow and, subject to clearance, disburse them upon proper authorization and in accordance witl:t Florida law and the terms of this Agreement. The parties agree that Escrow Agent will not be liable to any person for misdelivery of escrowed items to CRA and SELLER: unless the misdelivery is due to Escrow Agent's willful breach of this PURCHASE AGREEMENT Page 2 of 13 Agreement or gross negligence. If Escrow Agent interpleads the subject matter of the escrow, Escrow Agent will pay the filing fees and costs from the deposit and will recover reasonable attorney's fees and costs to be paid from the escrowed furids which are charged and awarded as court costs in favor of the prevailing party. All claims against Escrow Agent will be arbitrated, so long as Escrow Agent consents to arbitrate. 4. TIME FOR ACCEPTANCE OF OFFER AND COUNTEROFFERS: EFFECTIVE DATE. If this Agreement is not executed by and delivered to all parties on or before May 9, 2007, the Deposit will, at CRA's option, be returned and this offer shall be deemed withdrawn. Unless otherwise stated, the time for acceptance of any counteroffers shall be five (5) days from the date the counteroffer is delivered. The date of this Agreement (the "Effective Date") shall be the date when the last one of the CRA and SELLER has signed or initialed this offer or the final counteroffer. 5. CLOSING. The purchase and sale transaction contemplated herein shall close on or before June 14,2007 (the "Closing"), unless extended by other provisions of this Agreement or by written agreement, signed by both parties, extending the Closing. 6. TITLE TO BE CONVEYED. At Closing, SELLER shall convey to CRA, by Warranty Deed complying with the requirements of the Title Commitment (hereinafter defined), valid, good, marketable and insurable title in fee simple to the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, restrictions and other conditions except only the following (collectively, the "Permitted Exceptions"): (a) general real estate taxes and special assessments for the year of Closing and subsequent years not yet due and payable; (b) covenants, conditions, easements, dedications, rights-of-way and matters of record included on the Title Commitment or shown on the Survey (defined in Section 7), to which CRA fails to object, or which CRA agrees to accept, pursuant to Section 7.1 and Section 7.2 hereof 7. Investigation of the Property. During the term of the "Feasibility Period" of ten (10) days, CRA, and CRA's agents, employees, designees, Contractors, surveyors, engineers, architects, attorneys and other consultants (collectively, "Agents"), shall have the right, at CRA's expense, to make inquiries of, and meet with members of Governmental Authorities regarding the Property and to enter upon the Property, at any time and from time to time with reasonable notice to SELLER and so long as said investigations do not result in a business interruption, to perform any and all physical tests, insp~ctions, and investigations of the Property, including but not limited to Phase I and Phase II investigations, which CRA may deem necessary. During this Feasibility Period, CRA may elect, in CRA's sole and absolute discretion, to terminate this contract and receive back all Deposits hereunder. If CRA elects to terminate this Agreement in accordance with this Section, CRA shall: (i) leave the Property in substantially the condition existing on the Effective Date, subject to such disturbance as was reasonably necessary or convenient in the testing and investigation of the Property; (ii) to the extent practicable, shall repair and restore any damage caused to the Property by CRA's testing and investigation; and (iii) release to SELLER, at no cost, all reports and other work generated as a result of the CRA's testing and investigation. CRA hereby agrees to indemnify and hold SELLER harmless from and against all claims, losses, expenses, demands and liabilities, including, but not limited to, attorney's fees, for nonpayment for services rendered to CRA (including, without limitation, any 2 PURCHASE AGREEMENT Page 3 of 13 construction liens resulting therefrom) or for damage to persons or property (subject to the limitation on practicability provided above) arising out of CRA's investigation of the Property. CRA's obligations under this Section shall survive the tennination, expiration or Closing of this Agreement. However, CRA's indemnification obligations shall not exceed its statutory limits as provided within Section 768.28, Florida Statutes, and CRA does not waive its sovereign immunity rights. SELLER hereby agrees to indemnify and hold CRA harmless from and against all claims, losses, expenses, demands and liabilities, including, but not limited to, attorney's fees, for nonpayment for services rendered to SELLER or for damage to persons or property (subject to the limitation on practicability provided above) arising out of CRA's investigation of the Property. SELLER' obligations under this Section shall survive the tennination, expiration or Closing of this Agreement. 7.1 Seller's Documents: SELLER shall deliver to CRA the following documents and instruments within five (5) days of the Effective Date of this Agreement: copies of any reports or studies (including environmental, engineering, surveys, soil borings and other physical reports) in SELLER' possession or control with respect to the physical condition of the Property, if any. 7.2 Title Review. Within ten (10) days of the Effective Date, CRA shall obtain, at the CRA's expense, from a Title Company chosen by CRA (hereinafter "Title Company"), a Title Commitment covering the Property and proposing to insure CRA in the amount of the Purchase Price subject only to the Permitted Exceptions, together with complete and legible copies of all instruments identified as conditions or exceptions in Schedule B of the Title Commitment. CRA shall examine the Title Commitment and deliver written notice to SELLER no later than twenty (20) days after the Effective Date notifying SELLER of any objections CRA has to the condition of title (hereinafter "CRA Title Objections"). If CRA fails to deliver the CRA Title Objections to SELLER within the aforesaid review period, title shall be deemed accepted subject to the conditions set forth in the Title Commitment. If CRA timely delivers the CRA Title Objections, then SELLER shall have thirty (30) days to diligently and in good faith undertake all necessary activities to cure and remove the eRA Title Objections (hereinafter "Cure Period"). In the event that SELLER is unable to cure and remove, or cause to be cured and removed, the CRA Title Objections within the Cure Period, to the satisfaction of CRA, then CRA, in CRA's sole and absolute discretion, shall have the option of (i) extending the Cure Period and the Closing for one additional thirty (30) day period, or (ii) accepting the Title to the Property as of the time of Closing or (iii) canceling and terminating this Agreement, in which case, the Deposit shall be returned to CRA and the Parties shall have no further obligations or liability hereunder, except for those expressly provided herein to survive termination of this Agreement. Prior to the Closing, CRA shall have the right to cause the Title Company to issue an updated Title Commitment ("Title Update") covering the Property. If any Title Update contains any conditions which did not appear in the Title Commitment, and such items render title unmarketable, CRA shall have the right to object to such new or different conditions in writing prior to Closing. All rights and objections of the Parties with respect to objections arising from the Title Update shall be the same as objections to items appearing in the Title Commitment, subject to the provisions of this Section. 3 PURCHASE AGREEMENT Page 4 of 13 7.3. Survey Review. CRA, at CRA's expense, may obtain a current boundary survey (the "Survey") of the Property, indicating the number of acres comprising the Property to the nearest 1I100th of an acre. If the Survey discloses encroachments on the Property or that improvements located thereon encroach on setback lines, easements, lands of others or violate any restrictions, covenants of this Agreement, or applicable governmental regulations, the same shall constitute a title defect and shall be governed by the provisions of Section 7.3 concerning title objections. . 8. CONDITIONS TO CLOSING. CRA shall not be obligated to close on the purchase of the Property unless each of the following conditions (collectively, the "Conditions to Closing") are either fulfilled or waived by CRA in writing: 8.1. Reoresentations and Warranties. All of the representations and warranties of SELLER contained in this Agreement shall be true and correct as of Closing. 8.2. Condition of Property. The physical condition of the Property shall be the same on the date of Closing as on the Effective Date, reasonable wear and tear excepted. 8.3. Pending Proceedings. At Closing, there shall be no litigation or administrative agency or other governmental proceeding of any kind whatsoever, pending or threatened, which has not been disclosed, prior to closing, and accepted by CRA. 8.4. Compliance with Laws and Regulations.' The Property shall be in compliance with all applicable federal, state and local laws, ordinances, rules, regulations, codes, requirements, licenses, permits and authorizations as of the date of Closing. 8.5. Occupancy. The property shall be conveyed to the CRA at time of closing unoccupied. The SELLER hereby warrants that the current tenants are on a month-to- month basis, were given proper notice to vacate and there are no leases on the property. 9. CLOSING DOCUMENTS. The CRA shall prepare, or cause to be prepared, the Closing DocUments set forth in this Section, except for documents prepared by the Title Company. At Closing, SELLER shall execute and deliver, or cause to be executed and delivered, to eRA the following documents and instruments: 9.1. Deed. A Warranty Deed (the "Deed") conveying to CRA valid, good, marketable and insurable fee simple title to the Property free and clear of all liens, encumbrances and other conditions of title other than the Permitted Exceptions. 9.2 Seller's Affidavits. SELLER shall furnish to CRA an owner's affidavit attesting that, to the best of its knowledge, no individual or entity has any claim against the Property under the applicable construction lien law; and that there are no parties in possession of the Property other tban SELLER. SELLER shall also furnish to CRA a non-foreign affidavit with respect to the Property; In the event SELLER is unable to deliver its affidavits referenced 4 PURCHASE AGREEMENT Page 5 of 13 above, the same shall be deemed an uncured title objection. 9.3. Closing Statement. A closing statement setting forth the Purchase Price, the Deposit, all credits, adjustments and prorations between CRA and SELLER, all costs and expenses to be paid at Closing, and the net proceeds due SELLER, which CRA shall also execute and deliver at Closing. 9.4. Corrective Docwnents. Documentation required to clear title to the Property of all liens, encwnbrances and exceptions, if any, other than Pennitted Exceptions. 9.5. Additional Docwnents. Such other docwnents as CRA or the Title Company may reasonably request that SELLER execute and deliver, and any other documents required by this Agreement or reasonably necessary in order to close this transaction and effectuate the terms of this Agreement. 10. PRORATIONS. CLOSING COSTS AND CLOSING PROCEDURES. 10.1. Prorations. Taxes, assessments, rents, interest, insurance and other expenses of the Property shall be prorated through the day before Closing. CRA shall have the option of taking over existing policies of insurance, if asswnable, in which event premiums shall be prorated. Cash at Closing shall be increased or decreased as may be required by prorations to be made through the day prior to Closing. Advance rent and security deposits, if any, will be credited to CRA. Taxes shall be prorated based upon the current year's tax with due allowance made for maximwn allowable discount. If Closing occurs at a date when the current year's millage is not fixed and current year's assessment is available, taxes will be prorated based upon such assessment and prior year's millage. If current year's assessment is not available, then taxes will be prorated on prior year's tax. A tax proration based on an estimate shall, at request of either party, be readjusted upon receipt of tax bill. 10.2. S{>ecial Assessment Liens. Certified, confinned and ratified special assessment liens imposed by public bodies as of Closing are to be paid by SELLER. Pending liens as of Closing shall be asswned by CRA. If the improvement has been substantially completed as of the Effective Date, any pending lien shall be considered certified, confirmed or ratified and SELLER shall, at Closing, be charged an amount equal to the last estimate or assessment for the improvement by the public body. 10.3. Closing Costs. Seller shall pay for all docwnentary stamps on the deed, recording the deed and half of all general closing expenses (settlement fee, courier fees, overnight package, etc.). All other costs of closing shall be borne by CRA. 10.4 Closing Procedure. CRA shall fund the Purchase Price subject to the credits, offsets and prorations set forth herein. SELLER and CRA (as applicable) shall execute and deliver to Closing Agent the Closing Documents. The Closing Agent shall, at Closing: (i) disburse the sale proceeds to SELLER; (ii) deliver the Closing Documents and a "marked-up" Title Commitment to CRA, and promptly thereafter, record the Deed and other recordable Closing Documents in the appropriate public records. 5 PURCHASE AGREEMENT Page 6 of 13 10.5 Existing Mortgages and Other Liens. At Closing, SELLER shall obtain, or cause to be obtained, satisfaction or release of record of all mortgages, liens and judgments applicable to and encumbering the Property. 11. REPRESENTATIONS. COVENANTS AND WARRANTIES. 11.1 Seller's Revresentations and Warranties. SELLER hereby represents, covenants and warrants to CRA, as of the Effective Date and as of the Closing Date, as"follows: 11.2. Authority. The execution and delivery of this Agreement by SELLER and the consummation by SELLER of the transaction contemplated by this Agreement are within SELLER'S capacity and all requisite action has been taken to make this Agreement valid and binding on SELLER in accordance with its tenns. The person executing this Agreement on behalf of SELLER has been duly authorized to act on behalf of and to bind SELLER, and this Agreement represents a valid and binding obligation of SELLER. 11.3. Title. SELLER is and will be on the Closing Date, the owner of valid, good, marketable and insurable fee simple title to the Property, free and clear of all liens, encumbrances and restrictions of any kind, except the Permitted Exceptions (and encumbrances of record which will be discharged at Closing). 12. DEFAULT. 12.1. Purchaser's Default. In the event that this transaction fails to close due to a wrongful refusal to close or default on the part of CRA, subject to the provisions of Paragraph 12.3 below, the Deposit actually then being held by the Escrow Agent shall be paid by Escrow Agent to SELLER as agreed liquidated damages and, thereafter, neither eRA nor SELLER shall have any further obligation or liabilities under this Agreement, except for those expressly provided to survive the termination of this Agreement; provided, however, that CRA shall also be responsible for the removal of any liens asserted against the Property by persons claiming by, through or under CRA, but not otherwise. CRA and SELLER acknowledge that if CRA defaults, SELLER will suffer damages in an amount which cannot be ascertained with reasonable certainty on the Effective Date and that the amount of the Deposit being held by Escrow Agent most closely approximates the amount necessary to compensate SELLER. CRA and SELLER agree that this is a bona fide liquidated damages provision and not a penalty or forfeiture proVISIon. 12.2. Seller's Default. In the event that SELLER shall fail to fully and timely perfonn any of its obligations or covenants hereunder or if any of SELLER'S representations are untrue or inaccurate, then, notwithstanding anything to the contrary contained in this Agreement, CRA may, at its option: (1) declare SELLER' in default under this Agreement by notice delivered to SELLER, in which event CRA may terminate this Agreement and demand that the Deposit be returned, including all interest thereon if any, in accordance with Section 3 and neither Party shall have any further rights hereunder or (2) seek specific performance of this Agreement, without waivingiany action for damages. 6 PURCHASE AGREEMENT Page 7 of 13 12.3. Notice of Default. Prior to declaring a default and e~ercising the remedies described herein, the non-defaulting Party shall issue a notice of default to the defaulting Party describing the event or condition of default in sufficient detail to enable a reasonable person to determine the action necessary to cure the default. The defaulting Party shall have fifteen (15) days from delivery of the notice during which to cure the default, provided, however, that as to a failure to close, the cure period shall only be three (3) Business Days from the delivery of notice. Both parties agree that if an extension is requested, such extension shall not be unreasonably withheld. If the default has not been cured within the aforesaid period, the non-defaulting Party may exercise the remedies described above. 12.4. Survival. The provisions of this Section 12 shall survive the termination of this Agreement. 13. NOTICES. All notices required in this Agreement must be in writing and shall be considered delivered when received by certified mail, return receipt requested, or personal delivery to the following addresses: If to Seller: Sandra S. Bailey 644 Las Palmas Park Boynton Beach, Florida 33435-2406 If to Buyer: Boynton Beach Community Redevelopment Agency 915 S. Federal Highway Boynton Beach, FL 33435 PH: 561/737-3256 FX: 561/737-3258 With a copy to: Kenneth G. Spillias, Esq. Lewis, Longman & Walker, P.A. 1700 Palm Beach Lakes Boulevard, Suite 1000 West Palm Beach, Florida 33401 PH: 561/640-0820 FX: 561/640-8202 14. BINDING OBLIGATION/ASSIGNMENT. The terms and coq.ditions of this Agreement are hereby made binding on, and shall inure to the benefit of, the successors and permitted assigns of the Parties hereto. SELLER may not assign its interest in this Agreement without the prior written consent of CRA, which shall not be unreasonably withheld. CRA shall have the right to assign, this Agreement to the City of Boynton Beach (the "City") without the prior consent of SELLER and the CRA shall be released from any further obligations and liabilities under this Agreement. The CRA may not assign this Agreement to any other party without the prior written approval of SELLER, which shall not unreasonably withheld. If CRA has been dissolved as an entity while' this Agreement and/or the attached Lease Agreement are in effect, the provisions.of section 163.357(1), Florida Statutes, (as it may be amended from time to time), shall apply. 7 PURCHASEAGREEMrnNT Page 8 of 13 15. BROKER FEES. The SELLER hereby states that he nas dealt with Frank Chirkinian of Presidential Realty in connection with the transaction contemplated by this Agreement and is liable for a sales commission in the amount of five and one half (5.5) percent of the sales price. SELLER shall indemnify, defend and hold hannless the CRA from and against any and all claims, losses, damages, costs or expenses (including, without limitation, attorney's fees) of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by SELLER on its behalf with any broker or finder in connection with this Agreement. The provisions of this Section shall survive Closing or termination of this Agreement. 16.0 Environmental Conditions. 16.1. For purposes of this Agreement, pollutant ("Pollutant") shall mean any hazardous or toxic substance, material, or waste of any kind or any contaminant, pollutant, petroleum, petroleum product or petroleum by-product as defined or regulated by environmental laws. Disposal ("Disposal ") shall mean the release, storage, use, handling, discharge, or disposal of such Pollutants. Environmental laws ("Environmental Laws") shall mean any applicable federal, state, or local laws, statutes, ordinances, rules, regulations or other governmental restrictions. 16.1.1 As a material inducement to CRA entering into this Agreement, SELLER hereby warrants and represents the following, as applicable: (1) That SELLER and occupants of the Property have obtained and are in full compliance with any and all permits regarding the Disposal of Pollutants on the Property or contiguous property owned by SELLER, to the best of SELLER' knowledge. (2) SELLER is not aware nor does it have any notice of any past, present or future events, conditions, activities or practices which may give rise to any liability or form a basis for any claim, demand, cost or action relating to the Disposal of any Pollutant on the Property. SELLER is not aware nor does it have any notice of any past, present or future events, conditions, activities or practices on contiguous property that is owned by SELLER which may give rise to any liability or form a basis for any claim, demand, cost or action relating to the Disposal of any Pollutant affecting the SELLER property. (3) There is no civil, criminal or administrative action, suit, claim, demand, investigation or notice of violation pending or, to the best of that entity's knowledge, threatened against SELLER or the Property relating in any way to the Disposal of Pollutants on the Property, any portion thereof, or on any contiguous property owned by SELLER. 16.2 Additional Warranties and Reoresentations of SELLER. As a material inducement to CRA entering into this Agreement, SELLER, to the best of SELLER' information and belief, hereby represents and warrants the following: 16.2.1 There are no pending applications, permits, petitions, contracts, approvals, or other proceedings with any governmental or quasi-governmental authority, including but not 8 PURCHASE AGREEMENT Page 9 of 13 limited to, CRA, municipalities, counties, districts, utilities, andlor federal or state agencies, concerning the use or operation of, or title to the Property or any portion thereof and SELLER has not granted or is not obligated to grant any interest in the Property to any of the foregoing entities. 16.2.2 There are no facts believed by SELLER to be material to the use, condition and operation of the Property in the manner that it has been used or operated, which it has not disclosed to CRA herein, including but not limited to unrecorded instruments or defects in the condition of the Property which will impair the use or operation of the Property in any manner. 16.2.3 To the best of SELLER' knowledge, the Property and the use and operation thereof are in compliance with all applicable county and governmental laws, ordinances, regulations, licenses, pennits and authorizations, including, without limitation, applicable zoning and environmental laws and regulations. 16.3 SELLER Deliveries. SELLER shall deliver to CRA the following documents and instruments within ten (10) days of the Effective Date of this Agreement, except as specifically indicated: 16.3.1 Copies of any reports or studies (including engineering, environmental, soil borings, and other physical inspection reports), in SELLER' possession or control with respect to the physical condition or operation of the Property, if any. 16.3.2 Copies of all licenses, variances, waivers, permits (including but not limited to all surface water management permits, wetland resource permits, consumptive use permits and environmental resource permits), authorizations, and approvals required by law or by any governmental or private authority having jurisdiction over the Property, or any portion thereof (the "Governmental Approvals"), which are material to the use or operation of the Property, if any. 16.3.3 Prior to the Closing Date, SELLER shall execute and deliver to CRA any and all documents and instruments required by CRA, in CRA's sole and absolute discretion, which: (i) effectuate the transfer to CRA of those Governmental Approvals, or portions thereof which are applicable to the Property, that CRA desires to have assigned to it, and/or (ii) cause the Property to be withdrawn from any Governmental Approvals. No later than thirty (30) days prior to the Closing Date, SELLER shall remedy, restore, and rectify any and all violations of the Governmental Approvals (including but not limited to any and all portions of the surface water management system, mitigation areas or other items which do not comply with the Governmental Approvals or applicable rules), if any. SELLER warrants that there will not be, at the time of Closing, any unrecorded instruments affecting the title to the Property, including, but not limited to any conveyances, easements, licenses or leases. 17. MISCELLANEOUS. : 9 PURCHASE AGREEMENT Page 10 of 13 17.1. General. This Agreement, and any amendment hereto, may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which shall, together, constitute one and the same instrument. The section and paragraph headings herein contained are for the purposes of identification only and shall not be considered in construing this Agreement. Reference to a Section shall be deemed to be a reference to the entire Section, unless otherwise specified. No modification or amendment of this Agreement shall be of any force or effect unless in writing executed by Parties. This Agreement sets forth the entire agreement between the Parties relating to the Property and all subject matter herein and supersedes all prior and contemporaneous negotiations, understandings and agreements, written or oral, between the Parties. This Agreement shall be interpreted in accordance with the laws of the State of Florida. The Parties hereby agree that jurisdiction of any litigation brought arising out of this Agreement shall be in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, or, should any cause of action be limited to federal jurisdiction only, in the United States District Court for the Southern District Court of Florida. 17.2. Computation of Time. Any reference herein to time periods which are not measured in Business Days and which are less than six (6) days, shall exclude Saturdays, Sundays and legal holidays in the computation thereof. Any time period provided for in this Agreement which ends on a Saturday, Sunday or legal holiday shall extend to 5 :00 p.m. on the next full Business Day. Time is of the essence in the performance of all obligations under this Agreement. Time periods commencing with the Effective Date shall not include the Effective Date in the calculation thereof. 17.3. Waiver. Neither the failure of a party to insist upon a strict performance of any of the terms, provisions, covenants, agreements and conditions hereof, nor the acceptance of any item by a party with knowledge of a breach of this Agreement by the other party in the performance of their respective obligations hereunder, shall be deemed a waiver of any rights or remedies that a party may have or a waiver of any subsequent breach or default in any of such terms, provisions, covenants, agreements or conditions. This paragraph shall survive termination of this Agreement and the Closing. 17.4. Construction of Agreement. The Parties to this Agreement, through counsel, have participated freely in the negotiation and preparation hereof. Neither this Agreement nor any amendment hereto shall be more strictly construed against any of the Parties. As used in this Agreement, or any amendment hereto, the masculine shall include the feminine, the singular shall include the plural, and the plural shall include the singular, as the context may require: Provisions of this Agreement that expressly provide that they survive the Closing shall not merge into the Deed. 17.5. Severabilitv. If any provision of this Agreement or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law. The provisions of this Section shall apply to any amendment ofthis Agreement. 10 PURCHASE AGREEMENT Page 11 of 13 17.6 Handwritten Provisions. Handwritten provisions inserted in this Agreement and initialed by CRA and SELLER shall control all printed provisions in conflict therewith. 17.7 Waiver of Jury Trial. As an inducement to CRA agreeing to enter into this Agreement, CRA and SELLER hereby waive trial by jury in any action or proceeding brought by either party against the other party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement. 17.8. Attornevs Fees and Costs. Should it be necessary to bring aIr action to enforce any of the provisions of this Agreement, reasonable attorneys' fees and costs, including those at the appellate level, shall be awarded to the prevailing party. 17.9 Bindinsz Authority. Each party hereby represents and warrants to the other that each person executing this Agreement on behalf of the CRA and SELLER has full right and lawful authority to execute this Agreement 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 Agreement. 17.10 Recording. This Agreement may be recorded in the Public Records of Palm Beach County, Florida. 17.11 Survival. The covenants, warranties, representations, indemnities and undertakings of SELLER set forth in this Agreement, shall survive the Closing, the delivery and recording ofthe SELLER Property Deed and CRA's possession ofthe Property. 17.12 SELLER Attorneys' Fees and Costs. SELLER acknowledges and agrees that SELLER shall be responsible for its own attorneys' fees and all costs, if any, incurred by SELLER in connection with the transaction contemplated by this Agreement. 11 PURCHASE AGREEMENT Page 12 of 13 date. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective J BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY SELLER S(l '"'~" .S.~ . Print Name: Sandra S. Bailey '--\ ,~'-\ lOl By: Print Name: Henderson Tillman Title: Chair Witnesses: Witnesses: Approved as to form and legal sufficiency: CRA Attorney I:\Client Docurnents\Boynton Beach CRAlpfRusso\Misc\Purchase Agreernent.doc 12 r ~ r (' ~~~<t:Y~T8~ eRA ill East Side-West S,de-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 Tuesda~ApriI10,2007 City Commission Chambers 6:30 P.M. I. Call to Order - Chairman Henderson Tillman II. Pledge to the Flag and Invocation III. Roll Call IV. Agenda Approval A. Additions, Deletions, Corrections to the Agenda B. Adoption of Agenda V. Consent Agenda: A. Approval CRA Board Meeting Minutes-March 13, 2007 B. Approval of the Financials for Period Ended-March 31, 2007 C. Budget Amended for Period Ended-March 31, 2007 D. Consideration of Exploring Uses & Costs for 310 NE 10TH Ave E. Approval of the Rescinded DIFA for 500 Ocean Plaza F. Review of the Boynton Beach High School Booster Club (info) G. CRA Board Packet Production List (info) H. SS 163 Requirements for Fund Balance, Bond Proceeds & Use of Appraisals (info) I. Approval of Ocean Breeze RFP Selection Committee J. Approval of Commercial Fagade Grant-Anne Marie Motel NTE $15,000 K. Approval of Marina Leases L. Request for Proposals for Vacant Land described as Cherry Hills, Boynton Lots 390 & 391 - PULLED M. Cornerstone Request for The Preserve N. MLK Corridor Update VI. Public Comments: (Note: comments are limited to 3 minutes in duration.) VII. Public Hearing: Old Business: None New Business: A. Land Development Regulations Rewrite Code Review 1. PROJECT: Land Development Regulations Rewrite (CDRV 07-004) Definitions and project update City-Initiated Request to amend a portion of the Land DevelopmentRegulations Part III, Chapter 1, Article II. Definitions to provide a first set of revisions based on updated uses, new or proposed sections, and consolidation of definitions currently provided within individual chapters as part of the LDR rewrite project. AGENT: DESCRIPTION: VIII. Pulled Consent Agenda Items: IX. Old Business: A. Approval of a Transit Study Contract between CRA and PBS&J B. Approval of Recommended General Contracting Firms to Negotiate a Continuing Contract C. Presentations & Selection by Top 3 Proposers for the Downtown Master Plan Visioning & Implementation X. New Business A. Discussion and Approval of FY 2005-2006 CRA Audited Financial Statements XI. Comments by Staff XII. Comments by Executive Director XIII. Comments by CRA Board Attorney XIV. Comments by CRA Board XV. Adjournment -..............................................................r . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,............................................................... .;;'i'j?J~ijj~;w:Jt...;;;'~~j;t;?~~'~~~~K~~~;..0,~;..".ii:.i~..j",., "d;&j,','~,~'Ii.\.;it!m-~,';.~i,Ji'in"'.;;,".,;<,j~{'i<r~,.."'i~;;;;.,M;~\'!.i/,~ii.~:M'i.t"'.~~''1.~'~.~-b1t.W~.,i3~;~,,,j,',,:),;_i,iM.;ii<i#,:i!~N;iJi~'dJ.,li$~k,1.;':,i'.,;;...,(;,;.~::i.;~".\;.,i~i~",.:I-;.i":';~,,.i'; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . V. CONSENT AGENDA: A. APPROVAL OF THE MINUTES: CRA BOARD MEETING - MARCH 13, 2007 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ 1".... .-...." ". t-:::;:.; ~;:', .-,..-.:~~\.. ( ", ~~~qy~T2~ eRA iiIIIi East Side-West Side-Seaside RenaIssance BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: April 10, 2007 AGENDA ITEM: x I Consent Agenda I Old Business I New Business Public Hearing I Other SUBJECT: Approval CRA Board Meeting Minutes- Meeting of March 13, 2007 SUMMARY: FISCAL IMPACT: None RECOMMENDATIONS: Approve minutes as stated. '4/u-/ ~{U4J C:\Documents and Settings\zitcerp\Local Settings\Temporary Internet Files\OLKCB\CRA Agenda Request FormTemplate (2).doc ~ MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY MEmNG HELD IN CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA ON TUESDAY, MARCH 13, 2007, AT 6:30 P.M. Present: Henderson Tillman, Chair Stormet Norem, Vice Chair Rev. Lance Chaney Jeanne Heavilin Marie Horenburger Steve Myott Lisa Bright, Executive Director Ken Spillias, CRA Board 'Counsel Amy Dukes, CRA Counsel Absent: Guarn Sims 1. Call to Order - Chairman Henderson Tillman Chair Tillman called the meeting to order at 6:33 p.m. II. Pledge to the Flag and Invocation The board recited the Pledge of Allegiance to the Flag, followed by the invocation led by Rev. Chaney. III. Roll Call . The Recording Secretary called the roll and determined a quorum was present. It was noted Mayor Taylor and Amy Dukes, Attorney with Lewis, Longman and Walker, were present. IV. Agenda Approval A. Additions, Deletions, Corrections to the Agenda Attorney Spillias pulled Consent Agenda Items A and C. Mr. Myott pulled Consent Agenda Item F. There was discussion the board wanted to hear the Ocean Breeze items together. 1 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida March 13, 2007 B. Adoption of Agenda Motion Ms. Horenburger moved approval of the agenda with the removal of Item A, C and Ffrom the Consent Agenda; to reorder VI. Public Hearing New Business switching Item B, Site Plan Time Extension with Item A Site Plan Time Extension; hearing VIII. Old Business Item D immediately thereafter followed by pulled Consent Agenda Items A, C and F. Ms. Heavilin seconded the motion that unanimously passed. C. Consent Agenda: A. CRA Board Meeting Minutes Approval February 6,2007 B. Special Meeting Minutes Approval February 15, 2007 C. MLK Corridor Workshop Meeting Minutes Approval February 15, 2007 D. Workforce Housing Ordinance Meeting Minutes Approval February 27, 2007 E, Approvals of the Financials Period Ended February 28, 2007 F. Old High School Update G. Deleted Item and Added to as Item E under Old Business H. Support of Local Artists 1. Deleted item entirely J. Table Purchase Approval for Annual Award Dinner - BB Faith Based CDC K, Approval to Allow Electronic Funds Transfer "EFT" v. Public Comments Chair Tillman opened the floor for public comments. No one coming forward, Chair Tillman closed the floor to public comments. VI. Public Hearing Attorney Spillias requested board members disclose whether they had any ex parte communications. Vice Chair Norem reported he met with Richard Baron of McCormack, Baron Salazar, while in Tallahassee, but not on any public hearing items. Attorney Spillias administered the oath to all persons who would be testifying. 2 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida March 13, 2007 Old Business: None. New Business: Site Plan Time Extension (Heard out of order) B. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Seavlew Park Club (SPTE 07-003) Lorie Moccia, Lennar homes Lennar Homes, LLC 1620 N. Federal Highway Request for a second one (1) year site plan time extension for Seaview Park Club (NWSP 04-014) approved on February 15, 2005 Gabriel Wuebben, Planner, presented the request and announced staff was satisfied the applicant put forward a good faith effort. The applicant had requested a Site Plan Time Extension in February 2006, and was requesting a second extension to February 15, 2008. The applicant would need to approach Palm Beach County again to extend the build-out date as contained in Exhibit C of the terms and conditions of approval. Staff recommended approval of the one-year site plan time extension subject to all the original terms and conditions and noted there were no new regulations to review the project against. There were no comments from the board. Chair Tillman opened the floor for publiC hearing. Michael Weiner, Attorney for the applicant, advised they had a list of good faith efforts from the applicant on the project. The project underwent a substantial amount of work; however, the site preparation was not completed, Harry Woodworth, 685 NE 15th Place had property that adjoined the building site. He explained the applicant had been working on the project for two years. He asked the board to consider what it was like living next to diesel fumes, noise, the dewatering pumps and other issues, and to be considerate of those aspects when granting the extensions. He also noted the notice he received for the meeting was dated 2006. Attorney Weiner explained the applicant needed another 60 days to complete the land development portion of the project, and then infrastructure would go in. They placed shielding where poSSible to minimize any development impacts and placed monitors on site. Attorney Weiner explained they wanted to continue on in the process. Chair Tillman closed the floor to public hearing. 3 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida March 13, 2007 Johnny Lynch, Lennar Homes, reported the architectural drawings, which were previously submitted to the board, were completed. The permits for vertical construction were not submitted, but were expected to be submitted shortly. Motion Mr. Myott moved to approve the request. Vice Chair Norem seconded the motion that unanimously passed. Site Plan Time Extension A. PROJECT: AGENT: OWNER: LOCATION: Ocean Breeze West (SPTE 07-002) Bradley Miller, Miller land Planning Consultants, Inc. Larry Finkelstein, Affordable Housing, LLC Southwest corner of Northwest 8th Avenue and Sea crest Boulevard, located approximately 1,700 feet north of Boynton Beach Boulevard. Request for a one (1) year site plan time extension for Ocean Breeze West (NWSP 04-014) approved on February 15, 2005, from February 15, 2007 to February 15, 2008 DESCRIPTION: Kathleen Zeitler, Planner, presented the request and explained the applicant requested the one-year site plan time extension and had a list of the details for the project. There were no new regulations to review the project against. It was clarified the extension would actually be for 10 months, to January 3, 2008 and the project would be exempt from the Art in Public Places Ordinance. Staff reviewed the request and recommended approval subject to the original conditions of approval. Bradley Miller, agent for the applicant, explained some permits were received and discussions with the CRA on what to do with the project brought it to a slow halt. This project pertained to the western portion of the site. Chair Tillman opened the floor to public hearing. Rev. Glen Lyons, 2190 NE 1st Lane, received notice of the meeting and commented his parcel control number was on it. He was unsure why he had not been personally contacted regarding the reason his property was referenced on the letter. Vivian Brooks, CRA Planner, explained the parcel control number was listed because he was within 400 feet of the subject property and, statutorily, notification to surrounding property owners must take place. Chair Tillman closed the floor to public hearing. Ms. Zeitler explained staff reviewed the request and recommended approval subject to the original conditions of approval. 4 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida March 13, 2007 Motio{l Vice Chair Norem moved to approve the request. Ms. Heavilin seconded the motion that unanimously passed. VIII. Old Business, Item D. Ocean Breeze Options discussion - (Heard out of Order) Lisa Bright, CRA Executive Director, explained an incentive for this project was approved a year ago. Mr. Finkelstein had been involved in an accident and in September, staff was given direction to purchase the parcel(s) from Mr. Finkelstein. An appraisal was ordered, which showed a discrepancy in the appraisal price provided by Mr. Finkelstein. This property greatly enhanced the land acquisition control of the HOB project area and staff negotiated a purchase agreement for $6.4M. Additionally, fee waivers would be included in the amount of $496K, bringing the total purchase price to about $7M. Ms. Horenburger asked why the $400K for demolition was not included in the appraisal. Mr. Finkelstein explained the appraiser was only asked to look at the value of the land and not the additional value of the other components associated with purchasing the property. The impact fee waivers were half a million dollars from the County that ran with the property. Mr. Reardon explained he directed the appraiser to eliminate those values from the original appraisal. He provided a letter from the County and indicated he tried to discount the waivers but the issue was non-negotiable. The letter from the County was given to the appraiser who verified the amount was a true value. When the project is sold to a new developer, the CRA would likely receive the money back, have additional workforce housing built, or receive some other type of quid pro quo. Mr. Reardon took responsibility for why those monies were not included and indicated he tried to save the money. Mr. Reardon explained the reason the demolition fees the CRA paid were not included in those calculations was the board exonerated Mr. Finkelstein from the cost of the fees, which was $371K. Attorney Spillias confirmed Mr. Reardon's statement. When the project was completed, the lien would be waived. If the board moved forward with purchasing the property, the CRA would be purchasing it subject to its own lien and it would still be on the property. Ultimately when the CRA decided what to do with the land the CRA could make a decision then. Until that time, the lien was still a debt owed from the property. Ms. Horenburger asked if the lien issue was factored into the current appraisal. She thought not recapturing those monies was taking money out of the public's pockets. Mr. Reardon explained it was not. It would be a moot point when the board passed the lien back onto itself. Vice Chair Norem explained if there were buildings still existing on the property today, they would be factored in because then there would be a cost of demolition and it would devalue the property. Mr. Reardon confirmed that as correct and explained the eRA would have to demolish the buildings at present day cost. 5 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida March 13, 2007 Rev. Chaney asked when the appraisal was conducted if the lien would be included. Mr. Reardon explained land has a value irrespective of any liens on it. The sale price would reflect that point, but the intrinsic value of the land was not deteriorated by any liens. Mr. Finkelstein was present and announced, for the record, he was prepared to sell the land to the CRA now. He announced, on record, he agreed to a contract on the CRA terms and price, from their appraisal. He agreed to execute the contract drafted by the eRA attorney. He announced there was no other parties he was negotiating with and the CRA attorney had the contract. The contract had a time frame for execution and had to be signed by tomorrow in order to be valid. Motion Vice Chair Norem moved to approve the item. Ms. Heavilin seconded the motion, which passed 4-2 (Ms. Horenburger and Rev. Chaney dissenting) VII. Pulled Consent Agenda Items A. CRA Board Meeting Minutes Approval February 6, 2007 Attorney Spillias noted corrections on pages 11 and page 12 as "Mr. Sims read correspondence from the CRA Attorney" The sentence should read "correspondence received from the CRA Attorney" since the correspondence was not his correspondence. On page 12, the last word of the first partial paragraph, third line last word should be "contracts" as opposed to contract. Motion Ms. Horenburger moved to approve the minutes as amended. Vice Chair Norem seconded the motion that unanimously passed. C. MLK Corridor Workshop Meeting Minutes Approval February 15, 2007 Attorney Spillias noted corrections to the February 15, 2007 Workshop meeting minutes. Page 1 - Agenda Approval, Spillias was spelled "Spills" Page 1 - Under Old Business, Mr. Myott discussed what everyone's "roll" would be. The word "roll" should be spelled "role". Page 1 - Last paragraph third line down reads, "the City Commission voiced", should read the "City Attorney voiced" Page 1 - last paragraph fifth sentence reads "Only Mr. Bressner . . ." should include the words "and Mr. Cherof" Motion Ms. Horenburger moved to approve Consent Agenda Item C as amended. Vice Chair Norem seconded the motion that unanimously passed. 6 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida March 13, 2007 F. Old High School Update Five Towns College withdrew from accepting the Old High School Building for use as an administrative hub for the college. Mr. Myott asked for further information on the second ranked proposer and the property. Ms. Bright explained she had a lot of interest from other developers. Larger developers were waiting to see if City Hall would move because there were looking to develop projects with a larger footprint. Artspace from Ft. Lauderdale was very interested in the bUilding and the Brennar Group was also interested. Vivian Brooks, CRA Planner, explained there were many similar properties being developed as affordable living spaces for artists, with studios and gallery spaces included. The entities were non-profit 501c(3) corporations who usually resided in historic buildings. One was being built in Ft. Lauderdale and Ms. Brooks advised she would be visiting the facility. Mr. Myott suggested getting another candidate and having the information by the next meeting. Ms. Heavilin suggested not taking any action on the item until after the downtown plan decisions were made. She expressed the footprint may need to be changed, Chair Henderson agreed and thought the project did not have to be moved on so expediently. He thought the CRA should get the most deal for the money, and suggested not moving it forward. Ms. Bright would have a staff report on this placed on the Consent Agenda. Chair Tillman wanted to have the updates given and then at the proper time to bring them all together for discussion, VIII. Old Business: A. Approval to Purchase Properties - at NE 5th Ave. Rev. Chaney left the meeting at 7:10 p.m. Ms. Brooks explained staff was authorized to negotiate this property with the Boynton Beach Faith Based CDC. There were five individual lots with homes on them. Acquiring the property would add an additional 16 units on the property as well has have frontage on the street. The CDC agreed to purChase the property from the CRA at half the value and the parties agreed the property would not be sold to the CDC until they had a construction loan for the project. If the CDC could not get the project off the ground, the CRA would purChase the property back. A site plan was developed with the units being In the high 100's and low 200's. Staff recommended approval of the request. Ms. Horenburger discussed tax reductions and expressed concern with other properties and appraisals. On affordable housing units, the property appraiser would appraise the unit as a deed restricted unit that did not have the same value as a market unit. This was a result of the Palm Beach County Days. Ms. Bright reported when she attended Palm Beach County Days in Tallahassee, the language for a bill amendment for affordable housing was added. 7 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida March 13, 2007 Mr. Myott recused himself from this item and filed Form 8B, Memorandum of Voting Confficy for County, Municipal, and other local Public Officers because he worked on the plans for the project, Motion Vice Chair Norem moved approval. Ms. Heavilin seconded the motion that passed 5'-0. (Mr. Myott abstaining). B. MlK Corridor Development Agreement Update & Discussion Ms. Bright announced there was no meeting set or response to the Development Agreement. On the staff level, on February 15, 2007, staff was asked to contract with the Treasure Coast Regional Planning Council (TCRPC) on this Item. The TCRPC team was present to discuss deliverables. Kim Delaney, TCPRC Growth Coordinator, advised they conducted an economic and planning analysis. They had brought in Economics Research Associates (ERA), a firm that participated in 20 projects in Florida, many of which were in redevelopment areas and was heavily involved in a Transit Oriented Development (TOO) project in West Palm Beach. Additionally, the firm served as an economic and Tax Increment Financing (TIF) advisor to other areas. ERA announced they clearly understood the issues involved with rehabilitation and redevelopment in complex projects. In May and June of 2005, the firm met with Intown for feedback on a multi- disciplined project, for this area, since ERA has experience with affordable housing strategies and workforce housing. The scope of services for the TCRPC analysis over the next two months would be to undertake a demographic and economic profile of the drivers of demand for real estate and housing. The market slowed and the TCRPC wanted to be clear what the drivers were. Market conditions and comparables for residential and retail segments would be reviewed to understand how quickly those units are absorbed. Then the TCRPC would integrate all the research into different test models to identify a recommended development program that would be tested against what was submitted by the developer in their August presentation. A physical analysis and assessment of the site would be conducted and a final report would be available shortly after May 8,2007. Ms. Bright explained Ms. Delaney was proactive and was meeting with the Intown principals to review the pro forma, which was new. Ms. Horenburger pointed out in the original analysis, the CRA paid enormous prices for property. She wanted to see a true analysis of what was there, based on current value. She explained knowing the realities of the current costs were important. Ms. Delaney explained the current land values were higher than what they wanted to see, which created different strains in the market and value was built into the market now. She clarified they needed to determine what housing products were, if they would work, as well as 8 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida March 13, 2007 what a reasonable buy down would be in order to be absorbed into the market. Ms. Horenburger also pointed out there would be a change In the dwelling units per acre and asked what was the process for zoning and land use changes. Mike Rumpf, Planning and Zoning Director, explained the process could be either a large or small-scale amendment, with the threshold of a large-scale amendment being 10 acre. The process ranges from 4 months to an 8 to 12 month process, which involves the state, public hearings and a City Commission transmittal hearing. Mr. Wobash, also of TCRPC, explained they look for three key issues, which were, return to developer, what is a supportable land value, and if there is a gap at the end of the day, what role does the public sector play to close the gap. The study is not a full financial feasibility pro forma, but it should be considered based on declining land values and market conditions. It was requested a financial model be conducted. Mr. Wobash indicated that model would require about a month to do, after the market analysis was completed in May. Ms. Bright explained she received information from the CRA lobbyist about financing for the CRA. Mr. Reardon alerted the board to outstanding debt and/or contemplating debt financing and the pledging of TIF revenues that the bondholders lien does not attach until the deposits are made into the trust fund. Mr. Reardon reported CRAs are not insulated from decreases in property values or milage rates and they needed to know the property tax reform debate would directly affect them. Mr. Reardon cautioned about pledging future bonding on projects that the CRA might not be able to pay the debt on. The City, as the CRA backstop, also needed to be cognizant of that fact, The bond documents stipulate, on both bonds, that there is a debt cap of 150%. The CRA cannot pledge upfront bonding because it may violate the CRA bond documents irreSpective of what the legislature mayor may not do and the board can not pledge up front bonding without running the issue through bond counsel first. This fact added to the necessity of including a financial analysis. Ms. Delaney advised they would add that as another task and bring back the information, Motion Ms. Horenburger moved approval to have the TCRPC conduct a financial analysis of whatever the result of the legislative session is with regard to TIF and other matters in regard to the MLK project in particular. Vice Chair Norem seconded the motion that unanimously passed. Mr. Reardon added TIF funds are received on the back end of the project, not up front. Ms. Bright announced Mr. Baron spoke to CRA members at Palm Beach County Days and indicated a joint venture partnership agreement had been executed between McCormack Baron Salazar and Intown. The City Manager was not aware of this. Both Ms. Horenburger and Vice Chair Norem advised Mr. Baron informed them he had submitted the agreement to Mayor Taylor. Mayor Taylor was present and responded he was shown the document but did not have . 9 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida March 13, 2007 it. After further discussion, Attorney Spillias announced he would make a formal request for the document. C. Approval to Purchase Property - at NW 12th Avenue Ms. Brooks explained this property was a standard infill lot and part of the Heart of Boynton work program. Motion Ms. Horenburger moved approval of the purchase. Vice Chair Norem seconded the motion that unanimously passed. D. Ocean Breeze Options Discussion - this item was addressed earlier in the meeting E. Approval of Dive Shop Lease Amy Dukes, eRA Counsel, explained after the last meeting she met with counsel for Ms. Simmons on the Dive Shop lease. The board had revised the document. Attorney Dukes advised all the issues were worked out except for one, which were the property taxes. She asked whether the board wanted to include the property tax on top of the $1,500 per month rate. The tax worked out to be $167.89 brOken down on a square foot pro rata basis per month, A discussion ensued about what was customary for government leasing property and the County Commercial Real Estate Property Division would not send out an appraiser until July. It was poSSible the taxes would be raised or lowered. Ryan Copple, Attorney for Splashdown Divers, disagreed on the issue. He explained the lease was an Interim lease for the period of one year. During that time period, there would likely be construction ongoing and the client would not be on the premises then. He advised the rent Would be increased about 10%, but pointed out in the past, property taxes were in the rent. If the rent increased while she was not on the premises, it would put a strain on the business. A discussion followed about the property. The CRA was not in business to pay taxes for individuals outright. It was assumed those businesses could meet that expense. The CRA was being asked to pay the taxes of the business. It was suggested determining the value while they were doing business, and dividing the amount by month. Further discussion focused on increasing the rent to include the amount or continuing the lease for the $1,500 per month and the minute the Dive Shop reoccupies the improved space, the lease payment and tax payment becomes due. Mr. Reardon noted the tenant was occupying the space now. Motion Ms. Horenburger explained the expectation was to pay $1,500 per month and renegotiate next year, Ms. Horenburger moved to that effect. (Motion died for lack of a second.) 10 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida March 13, 2007 Vice Chair Norem asked if the CRA was charging market rent the public would expect to pay for that property. The CRA was not and it was noted the CRA was disrupting the businesses there for a good public purposes. Mr. Myott discussed there was nothing wrong with giving a break with the expectation that when the bathroom was complete they would go market rate. This was an interim lease. Motion Mr. Myott moved to proceed with the lease as written. Ms. Horenburger seconded the motion and clarified the motion as there were no taxes on the interim lease effective from April 1st for one year and then renegotiate the lease well in advance of the expiration of the lease. It was noted the leases did not need to be advertised, ~ The motion unanimously passed. IX. New Business: A. Consideration of Purchasing the Women's Club Ms, Brooks explained the CRA was considering the purchase of the above. An appraisal was received and she spoke with the Palm Beach County Historical Society. This was a good opportunity for the CRA. Motion Vice Chair Norem moved to direct staff and legal to make preparations for this. Ms. Heavilin seconded the motion for discussion, There was discussion on where the funds for the purchase were coming from. Mr. Reardon explained the General Fund would be receiving redafmed monies shortly. Ms. Bright clarified a time lapse occurred on the pro forma for 500 Ocean Plaza and other developers were interested in partnering on the project. The Direct Incentive Funding Agreement (DIFA) appropriated would not fund the gap in the market conditions. CRA counsel needed to draft a letter advising the $2M set aside would return to the CRA. Parking for the fadlity was previously accommodated by the Senior Center parking through an arrangement with the City. Ms. Brooks hoped that arrangement would continue. Ms. Brooks also announced her mother was a member and past president of the Women's Club. Mr. Reardon reiterated, moving forward the board should not spend bond monies up front. There was additional discussion this was a cultural opportunity for small venues and another opportunity to obtain land on Federal Highway. 11 Meeting Minutes Community Redevelopment Agency Bovnton Beach, Florida March 13, 2007 ~ There was a vote on the motion that unanimously passed. B. Consideration of Issuing an RFP for Ocean Breeze Ms. Bright explained when staff negotiated the purchase agreement with Mr, Finkelstein she needed to know if the board wanted to wait until the purchase agreement closed before issuing the RFP for Ocean Breeze. The document was already approved by the attorney to get the RFP out to the public. Ms. Horenburger explained the document did not clearly define the boundaries of the east side properties. There needed to be additional language or the legal description Included. The board discussed the reorientation of the parcels to face Sea crest and they were included in the package. The CRA was trying to square off the site. Ms. Bright explained there had been signifICant interest in those properties from various parties. The property encompassed not just the Ocean Breeze site, but the Peters property as well. Motion Vice Chair Norem moved approval. Mr. Myott seconded the motion that unanimously passed. C. Consideration of Sponsoring the Avenue of the Arts Staff explained this item was to kick start the creation of the downtown area where 10 pieces of sculpture, primarily from Ocean Avenue to the Intracoastal as the downtown area begins to emerge. Debby Coles-Dobay, Public Art Administrator, thanked the board and explained the program should stimulate growth in the downtown area. The program was a year-long program, for art to be put on loan and strategically placed to encourage travel to an area. People could see what was being built. This year, there were no funds to do this due to many projects having site plan time extensions. Ms. Coles-Dobay reviewed the different locations on the map. She advised they already had podiums and she spoke about the artists who were selected by the committee. A commitment to install the art and to ensure they would be able to withstand the windlcad standards needed to be made. International and local artists were involved. They were trying to coordinate this to the August 4th event at the Marina, which was the Jazz and Seafest. Visitors could look at the artwork and listen. She reviewed the costs and procedures to do this. The largest cost was to have the pads poured and installed. She was seeking a sponsorship basically to construct the pads and there were other costs such as stipends to bring in the work. There were sponsorship Opportunities for individuals, businesses and others to sponsor cultural events. 12 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida March 13, 2007 She reviewed her Powerpoint presentation and noted there would be structural engineering required. This was for a pad being poured on grass, a paver area and some on existing pedestal areas. There was discussion about the fees being collected. Public art was something other entities might want to be involved in and the Commissioners have been to other cities and been impressed with the art they had. Ms. Bright advised Ms. Adelsperger and Ms. Biscutti were working on a sponsorship' kit and were trying to garner business and developer support for the effort. It was thought businesses would love to have their name on pieces of sponsored art. Motion Ms. Horenburger moved approval of a loan for $40K with a cost for the bases from account 58300-200 to be reimbursed to the CRA from funds generated from the Arts Ordinance. Mr. Norem seconded the motion, Mr. Reardon noted this would be an interlocal agreement and they would send it over to the City because the City needs to approve it also. Vice Chair Norem asked if this was included in Ms. Horenburger's motion. Ms. Horenburger added the Interloeal Agreement to her motion. ~ There was a vote on the motion that unanimously passed. D. Funding Request: Lasendra Hoggins for Homebuyers Program - $47,000 Ms. Brooks reviewed this item for program funds and recommended approval. Ms. Horenburger noted when they have Items like this, for the benefit of the public, those Items should be moved up on the agenda. She had observed a small child in the audience sleeping. Ms. Hoggins thanked the board for the program. She announced she was originally supposed to close by the end of the week, but there was a paperwork Issue. She hoped to close within the next few weeks. The board congratulated her. Motion Ms. Heavilln moved approval of the Item. Mr. Myott seconded the motion that unanimously passed. E. Consideration of Issuing an RFQ for Professional Services Motion Vice Chair Norem moved approval. Mr. Myott seconded the motion that unanimously passed. 13 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida March 13, 2007 F. Consideration of Purchasing Property at NE 1st Street (Downtown Parking) Ms. Brooks reviewed this item and advised a parking plan was discussed over the summer to determine where parking would OCcur. The consensus of the board at that time was to have parking throughout the area. This item was one site that would be used and the surface parking would allow for 88 parking spaces there as an interim until structured parking could be developed later. Motion Ms. Horenburger moved approval of staff recommendations. Vice Chair Norem seconded the motion that unanimously passed. G. Presentation of the New CRA Website Margee Adelsperger, Communications and Marketing Director, announced staff was working with AMBIT on the new website. Mr. Stan Brown, Vice President of AMBIT, reviewed the website which was not live yet. The board was advised there were some adjustments that still needed to be made. Mr. Brown thanked the board and reviewed the site, which was a beta site. He briefly demonstrated each link and page and how to access the Information. Ms. Horenburger asked whether the website indicated whether contained the City's logo, which was "Gateway to the Gulfstream" and whether it listed the City elected officials. Mr. Brown indicated there was a link to the City's website which featured CRA funded and private development projects. Mr. Brown advised CRA staff could upload photos from their local office, and without a webmaster, enter any updates, as needed. Ms. Bright also advised the annual report would be mailed out and a copy was distributed to the board. Ms. Bright explained the annual report was a statutory requirement. They had not been in compliance in prior years and it met the State Redevelopment Association requirements. On another matter, feedback for Heritage Fest was received and the main complaint was there was not enough parking for the concert and the VIP tent was too crowded. The police estimated between 4K and 5K people attended, H. Seconded Amended Mediation Agreement Transfer Discussion Ms. Bright reviewed thr document between the City, the Related Group and Two Georges. The agreement was made to create development along the waterfront. The CRA had not been officially brought to the table and added to the agreement. In November of 2006, Ms. Bright began working with the Related Group to end the mediation agreement. The concerns were about the parking with the new parcel. The City Commission took action to transfer the document to the CRA, but the CRA did not know why that was done. 14 Meeting Minutes Community Redevelopment Agency ~nton Beach, Florida March 13, 2007 Attorney Spillias explained the agreement Ms. Bright referred to was the second amended mediation agreement, which was entered into by the parties to a lawsuit who were the City, Two Georges and The Related Group not the CRA. There were three different versions of the agreement. After the meeting on February 13th, Attorney Spillias received notification from Ms. Byrne directing him to prepare an amendment to the second amended mediation agreement to reflect changes to its terms and to have it ready by Friday. Attorney Spillias did not have much background information, and contacted the City Attorney about why he was being asked to prepare the amendment. The City Attorney explained it was a CRA property and the CRA could add into it what it liked. Attorney Spillias announced he prepared an amendment reflecting what he understood to be changes and there were specific items the parties wanted addressed in the agreement which were a Maintenance Agreement for Casa Loma Boulevard, a swap of parking spaces so Two Georges would have more outside spaces, where the Two Georges parking spaces in the parking garage would be, and where the public parking spaces would be, which required additional meetings with the City Staff, The CRA attempted to inform the City the plan the Related Group and the CRA developed was the appropriate approach. The plan also provided for actions having to do with the site plan, which had been approved for a restaurant. A change in the site plan to allow a dock masters bUilding needed to be approved. The CRA needed to address how to maintain the dive shop grandfathered status, and under what circumstances would the CRA lose that. Attorney Spillias advised those were all City approvals that needed to be obtained. The eRA had been told the agreement was transferred to the CRA. The agreement was a court document that the CRA was not a party to, and which contained a lot of obligations to change site plan for signage that the CRA cannot approve without the City. Attorney Spill/as contacted the City Attorney to send the documentation about what was being transferred, but he had not received an answer. Attorney Spillias indicated he did not believe the City could not force an agreement on the CRA without the CRA approval, and without the CRA knowing what benefits would be gained, what obligations they had, and what happens to the City's obligations in the agreement. He advised, his understanding was the City would submit the document to the court. Ms. Horenburger asked if the agenda item was reviewed to see what the City Attorney might have. Chair Henderson explained they were trying to work out what would happen on Casa Loma. He advised not to touch the issue and return the matter to Attorney Cherof. He explained if Attorney Cherof wanted to meet, they could. The CRA was not a party when it happened. Attorney Spillias explained the CRA had a stake in the matter and thought the CRA would at some point have an interlocal agreement with the City that brought them into the agreement ,but not into the case. Attorney Spillias explained as the purchaser of Two Georges, there are certain obligations the CRA becomes obligated to, but not the whole package. Ms. Horenburger thought a letter to the Mayor would be appropriate. . 15 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida March 13, 2007 There was no further discussion on this item. X. Comments by Staff None. XI. Comments by executive Director No further comments made. XII. Comments by CRA Board Attorney None. XIII. Comments by CRA Board Ms. Horenburger noted she traveled along Federal Highway, which looked like a fire from dirt blowing in the wind. She announced she spoke with Commissioner Rodriguez about the issue and he contacted Code Enforcement. Ms. Horenburger suggested asking the City Commission to require the property be grassed and watered and Ms. Heavilin suggested that be added as a condition of approval at time of site plan. Ms. Horenburger also noted there was a trailer at Boynton Beach Boulevard and U.S, 1 and asked if it was allowed to be there. Mr. Reardon explained it was and they were waiting for City permits. Ms. Horenburger thought adding plants or something to assist with the aesthetics of the site would be helpful. She also asked for an update on the community land trust. Attorney Spillias advised they met with the land trust and he was waiting for documentation about trust documents. Vice Chair Norem announced on Thursday, the South Florida Water Management District will vote on Phase I water restrictions. Susan Harris, Administrative Assistant, indicated last month the board discussed additional staff personnel. She reported they advertised the Positions, held interviews and an offer was made. Ms. Harris introduced Mike Simon as the new Development Manager for Acquisitions. The board welcomed Mr. Simon. Mr. Myott asked his monthly CRA pre-agenda meetings be reinstated. He announced the items could be challenging and the information was helpful to him. Ms. Bright agreed to the request. Chair Henderson requested when hiring individuals for staff, to take a holistic view of the agency. Ms. Harris explained the recruitment process is blind. She reported she would meet with City staff under the Human Resource Interlocal Agreement to address that issue. 16 Meeting Minutes Community Redevelopment Agency ~nton Beach, Florida XIV. Adjournment March 13, 2007 There being no further business to discuss, the meeting adjourned at 9: 13 p.m. Q .rJJwd( 4IPumevv\ Catherine Cherry-Guberman Recording Secretary 031907 17 -.- ._'....- ~..'r.. ~.~. . ""'""""-"""''"~"''~~'r'--'~'" , .,.." = .:.~ . I - "'~I"l""""',"~,"..,&",,,,,.........",,,..,.,,,,""~~... -..............................................................r . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I............................................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . V. CONSENT AGENDA B. APPROVAL OF THE FINANCIALS: PERIOD ENDED - MARCH 31, 2007 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~<tY~T2~ C East Side-West Side-Seas'lde Renaissance BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: APRIL 10, 2007 AGENDA ITEM: rx/. 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 March 31, 2007. FISCAL IMPACT: As of Mach 31, 2007 the CRA had received 98.76 % of expected revenue and expended 40.72% of its appropriations for fiscal 2006-2007. The end of March represents the fiscal year mid point. There are six (6) months remaining in this fiscal year RECOMl\IENDA TIONS: NA ;ftv~u ROBERT T. REARDON, ASSIST. DIRECTOR T:\AGENDAS. CONSENT AGENDAS. MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 200G-2007 Board Meetings\0704 10 CRA Board meeting - April\Monthly Financial report.doc a <: trJ :u '- ~ o trJ :u trJ >: '0 trJ Z t:I H ., c:: :u trJ (f) o o .... '" .... '" 01 o 1.0 .... ..., 01 01 W ..., 1.0 W W '" '" 1.0 ~ '" II II II II 1.0 II ~ II '" II ' II 01 II ~ II co II II 1.0 II 1.0 01 ~ co 1.0 1.0 01 II II 01 II ' II co II .... 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COLLECTIONS TOTAL T.I.F.INCOME MARINA RENT & GRANT INC 01-42100 TROLLY -FEDERAL & MPO GRANTS 01-42110 MARINA - COUNTY GRANT 01-42112 MORTGAGE REIMB. - COUNTY GRAN 01-42115 MARINA RENTS 01-42116 MISCELLANEOUS RENTS FRO PROPE 01-42117 MARINA FUEL SALES 01-42118 MARINA MISC INCOME 01-42120 MANGROVE LAND PURCHASE TOTAL MARINA RENT & GRANT INC MARKETING INCOME 01-43100 TROLLY MARKETING INCOME TOTAL MARKETING INCOME FESTIVALS & EVENT INCOME 01-44100 FESTIVAL & EVENT INCOME 01-44101 SHARED FESTIVAL INCOME-PIRATE 01-44102 SHARED FESTIVAL INC- MEDIEVAL 01-44103 SHARED FESTIVAL INC - HERITAG 01-44104 SHARED FESTIVAL INC-HOLIDAY F TOTAL FESTIVALS & EVENT INCOME INVESTMENT INCOME 01-46100 INTEREST INCOME TOTAL INVESTMENT INCOME CONTRIBUTIONS & DONATION 01-47100 CONTRIBUTIONS & DONATIONS TOTAL CONTRIBUTIONS & DONATION MISCELLANEOUS 01-48100 MISCELLANEOUS INCOME 01-48200 REFUND FROM PRIOR YEAR EXP TOTAL MISCELLANEOUS ORIGINAL BUDGET 9,000,000 9,000,000 o 500,000 o 120,000 o o o o 620,000 10,000 10,000 2,000 o o o o 2,000 180,000 180,000 1,000 1,000 BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: MARCH 31ST, 2007 AMENDED BUDGET 9,000,000.0 9,000,000 0.0 500,000.0 0.0 120,000.0 0.0 0.0 0.0 0.0 620,000 10,000.0 10,000 2,000.0 0.0 0.0 0.0 0.0 2,000 180,000.0 180,000 1,000.0 1,000 o o o 0.0 0.0 o MONTHLY ACTIVITY 0.00 0.00 0.00 0.00 0.00 14,946.00 600.00 58,735.71 962.68 0.00 75,244.39 300.00 300.00 0.00 0.00 0.00 1,000.00 0.00 1,000.00 0.00 0.00 0.00 0.00 30.65 0.00 30.65 YEAR-TO-DATE BALANCE 9,292,498.65 9,292,498.65 0.00 0.00 0.00 74,040.99 2,167.74 131,831.11 2,762.68 0.00 210,802.52 600.00 600.00 0.00 8,288.85 3,369.77 1,000.00 1,802.98 14,46l.60 173,484.29 173,484.29 0.00 0.00 732.36 0.00 732.36 TOTAL ENCUMBERED 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 PAGE: 2 % OF UNENCUMBERED BUDGET BALANCE REMAINING 292,498.65) 292,498.65) 0.00 500,000.00 0.00 45,959.01 2,167.74) 131,831.11) 2,762.68) 0.00 409,197.48 9,400.00 9,400.00 2,000.00 8,288.85) 3,369.77) 1,000.00) 1,802.98) 12,461.60) 6,515.71 6,515.71 1,000.00 1,000.00 732.36) 0.00 732.36) 3.25- 3.25- 0.00 100.00 0.00 38.30 0.00 0.00 0.00 0.00 66.00 94.00 94.00 100.00 0.00 0.00 0.00 0.00 623.08- 3.62 3.62 100.00 100.00 0.00 0.00 0.00 3-27-2007 03:13 PM 01 -GENERAL FUND REVENUES OTHER FINANCING SOURCES 01-49100 OTHER FINANCING SOURCES TOTAL OTHER FINANCING SOURCES TOTAL REVENUES ORIGINAL BUDGET BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: MARCH 31ST, 2007 AMENDED BUDGET 9,813,000 o o MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED PAGE: 3 % OF UNENCUMBERED BUDGET BALANCE REMAINING 0.0 o 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 9,813,000 76,575.04 0.00 0.00 9,692,579.42 1. 23 120,420.58 ------------ ------------ ------------- ------------- ------------- ------------- ------- ------------ ------------ ------------- ------------- ------------- ------------- ------- 3-27-2007 03:13 PM 01 -GENERAL FUND LEGISLATIVE DEPARTMENTAL EXPENDITURES PURCHASED/CONTRACT SERV 01-51010-200 CONTRACTUAL EXPENSE 01-51010-203 MISCELLANEOUS 01-51010-216 ADVERTISING & PUBLIC NOTI 01-51010-220 PROMO & BUSINESS TRAVEL 01-51010-225 ASSOC. MEETINGS & SEMINAR 01-51010-227 DELIVERY SERVICES TOTAL PURCHASED/CONTRACT SERV SUPPLIES 01-51010-300 OFFICE EXPENSE TOTAL SUPPLIES TOTAL LEGISLATIVE ORIGINAL BUDGET 6,000 3,200 1,000 o 36,000 2,000 48,200 48,800 BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: MARCH 31ST, 2007 AMENDED BUDGET 6,000 3,200 2,200 o 34,800 2,000 48,200 600 600 600 600 48,800 MONTHLY ACTIVITY 0.00 0.00 476.68 0.00 2,379.56 307.00 3,163.24 0.00 0.00 3,163.24 YEAR-TO-DATE BALANCE 2,287.12 2,085.00 813.76 0.00 19,851. 68 1,512.63 26,550.19 599.26 599.26 27,149.45 TOTAL ENCUMBERED 3,712.88 387.58 1,380.00 0.00 600.51 248.25 6,329.22 0.00 0.00 6,329.22 UNENCUMBERED BALANCE 0.00 727.42 6.24 0.00 14,347.81 239.12 15,320.59 15,321.33 0.74 0.74 PAGE: 4 % OF BUDGET REMAINING 0.00 22.73 0.28 0.00 41. 23 11.96 31. 79 0.12 0.12 31.40 3-27-2007 03:13 PM 01 -GENERAL FUND ADMINISTRATIVE DEPARTMENTAL EXPENDITURES PERSONNEL SERVICES 01-51230-100 PERSONNEL SERVICES 01-51230-115 CAR ALLOWANCE TOTAL PERSONNEL SERVICES PURCHASED/CONTRACT SERV 01-51230-200 CONTRACTUAL EXPENSE 01-51230-203 MISCELLANEOUS 01-51230-220 PROMO & BUSINESS TRAVEL 01-51230-225 ASSOC. MEETINGS & SEMINAR 01-51230-226 MEMBERSHIP DUES 01-51230-227 DELIVERY SERVICES 01-51230-229 CAREER DEVELOPMENT TOTAL PURCHASED/CONTRACT SERV SUPPLIES 01-51230-300 OFFICE EXPENSE 01-51230-310 OFFICE SUPPLIES 01-51230-355 SUBSCRIPTIONS 01-51230-360 BOOKS & PUBLICATIONS 01-51230-365 OFFICE PRINTING COSTS TOTAL SUPPLIES DEPRECIATION & AMORT 01-51230-610 DEPRECIATION TOTAL DEPRECIATION & AMORT TOTAL ADMINISTRATIVE ORIGINAL BUDGET 195,000 4,030 199,030 500 2,000 o 10,000 4,870 500 3,000 20,870 1,000 7,500 1,316 1,000 2,500 13,316 233,216 BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: MARCH 31ST, 2007 AMENDED BUDGET 204,900 4,030 208,930 500 2,000 o 12,000 4,870 500 3,000 22,870 1,000 7.500 1,316 1,000 2,500 13,316 o o 245,116 MONTHLY ACTIVITY 15,424.32 310.00 15,734.32 0.00 0.00 0.00 2,213.54 100.00 24.42 45.00 2,382.96 11.00 735.00 0.00 0.00 0.00 746.00 o o 0.00 0.00 18,863.28 YEAR-TO-DATE BALANCE 94,578.91 1,820.90 96,399.81 0.00 2,000.00 0.00 10,426.45 2,823.00 224.42 45.00 15,518.87 379.80 2,249.43 289.20 97.90 0.00 3,016.33 0.00 0.00 114,935.01 TOTAL ENCUMBERED 0.00 0.00 0.00 0.00 0.00 0.00 992.77 0.00 0.00 0.00 992.77 0.00 272.55 0.00 0.00 0.00 272.55 0.00 0.00 1,265.32 PAGE: 5 % OF UNENCUMBERED BUDGET BALANCE REMAINING 110,321.09 2,209.10 112,530.19 500.00 0.00 0.00 580.78 2,047.00 275.58 2,955.00 6,358.36 620.20 4,978.02 1,026.80 902.10 2,500.00 10,027.12 0.00 0.00 128,915.67 53.84 54.82 53.86 100.00 0.00 0.00 4.84 42.03 55.12 98.50 27.80 62.02 66.37 78.02 90.21 100.00 75.30 0.00 0.00 52.59 3-27-2007 03:13 PM 01 -GENERAL FUND AUDITOR DEPARTMENTAL EXPENDITURES PURCHASED/CONTRACT SERV 01-51320-202 AUDITORS FEES 01-51320-227 DELIVERY SERVICES TOTAL PURCHASED/CONTRACT SERV TOTAL AUDITOR ORIGINAL BUDGET 10,700 200 10,900 10,900 BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: MARCH 31ST, 2007 PAGE: 6 % OF AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING ---.-.-_.._-- 23,408 2,970.00 23,407.37 0.00 0.63 0.00 200 0.00 0.00 0.00 200.00 100.00 23,608 2,970.00 23,407.37 0.00 200.63 0.85 -----~~ --_._-_.~--------~-------- 23,608 2,970.00 23,407.37 0.00 200.63 0.85 3-27-2007 03:13 PM 01 -GENERAL FUND FINANCE DEPARTMENTAL EXPENDITURES PERSONNEL SERVICES 01-51325-100 PERSONNEL SERVICES 01-51325-115 CAR ALLOWENCE TOTAL PERSONNEL SERVICES PURCHASED/CONTRACT SERV 01-51325-200 CONTRACTUAL EXPENSE 01-51325-201 BANK FEES 01-51325-203 MISCELLANEOUS 01-51325-220 PROMO & BUSINESS TRAVEL 01-51325-225 ASSOC. MEETINGS & SEMINAR 01-51325-226 MEMBERSHIP DUES 01-51325-227 DELIVERY COSTS 01-51325-229 CAREER DEVELOPMENT TOTAL PURCHASED/CONTRACT SERV SUPPLIES 01-51325-300 OFFICE EXPENSE 01-51325-310 OFFICE SUPPLIES 01-51325-355 SUBSCRIPTIONS 01-51325-360 BOOKS & PUBLICATIONS 01-51325-365 OFFICE PRINTING COSTS TOTAL SUPPLIES CAPITAL OUTLAY 01-51325-400 EQUIPMENT COSTS TOTAL CAPITAL OUTLAY DEPRECIATION & AMORT 01-51325-610 DEPRECIATION TOTAL DEPRECIATION & AMORT TOTAL FINANCE ORIGINAL BUDGET 149,000 2,600 151,600 4,500 500 o o 8,200 1,300 361 3,000 17,861 1,500 3,000 o 100 1,040 5,640 1,000 1,000 176,101 BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: MARCH 31ST, 2007 AMENDED BUDGET 149,000 2,600 151,600 4,500 1,800 o o 8,200 1,300 361 3,000 19,161 1,500 3,000 o 100 1,040 5,640 1,000 1,000 o o 177,401 MONTHLY ACTIVITY 11,461.52 200.00 11,66" .52 73.96 316.44 0.00 0.00 2,730.56 0.00 12.71 0.00 3,133.67 0.00 196.51 0.00 0.00 0.00 196.51 49.96 49.96 o o 0.00 0.00 15,041.66 YEAR-TO-DATE BALANCE 69,915.27 1,300.00 71,215.27 1,007.67 1,510.96 0.00 0.00 7,219.64 0.00 150.14 0.00 9,888.41 588.17 2,276.69 0.00 0.00 0.00 2,864.86 49.96 49.96 0.00 0.00 84,018.50 TOTAL ENCUMBERED 0.00 0.00 0.00 68.94 0.00 0.00 0.00 0.00 0.00 0.00 0.00 68.94 174.27 181.15 0.00 0.00 0.00 355.42 0.00 0.00 0.00 0.00 424.36 PAGE: 7 % OF UNENCUMBERED BUDGET BALANCE REMAINING 79,084.73 1,300.00 80,384.73 3,423.39 289.04 0.00 0.00 980.36 1,300.00 210.86 3,000.00 9,203.65 737.56 542.16 0.00 100.00 1,040.00 2,419.72 950.04 950.04 0.00 0.00 92,958.14 53.08 50.00 53.02 76.08 16.06 0.00 0.00 11. 96 100.00 58.41 100.00 48.03 49.17 18.07 0.00 100.00 100.00 42.90 95.00 95.00 0.00 0.00 52.40 3-27-2007 03:13 PM BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: MARCH 31ST, 2007 PAGE: 8 01 -GENERAL FUND INSURANCES DEPARTMENTAL EXPENDITURES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED % OF UNENCUMBERED BUDGET BALANCE REMAINING PURCHASED/CONTRACT SERV 01-51410-200 CONTRACTUAL EXPENSE 6,300 6,586 0.00 6,563.97 0.00 22.03 0.33 01-51410-213 GENERAL PROPERTY COVERAGE 29,000 44,570 0.00 44,448.00 0.00 122.00 0.27 01-51410-214 EMPLOYEE FIDELITY COVERAG 811 825 0.00 825.00 0.00 0.00 0.00 01-51410-215 DIRECTORS & OFFICERS COVE 4,200 3,900 0.00 3,610.00 0.00 290.00 7.44 TOTAL PURCHASED/CONTRACT SERV 40,311 55,881 0.00 55,446.97 0.00 434.03 0.78 - - --------------.-.-.--..- TOTAL INSURANCES 40,311 55,881 0.00 55,446.97 0.00 434.03 0.78 3-27-2007 03:13 PM BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: MARCH 31ST, 2007 PAGE: 9 01 -GENERAL FUND PROFESSIONAL SERVICES DEPARTMENTAL EXPENDITURES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED % OF UNENCUMBERED BUDGET BALANCE REMAINING PURCHASED/CONTRACT SERV 01-51420-200 CONTRACTUAL EXPENSE 126,000 126,000 38,680.98 47,362.23 41,500.00 37,137.77 29.47 01-51420-201 CONTRACT LEGAL 350,000 350,000 31,199.77 148,252.38 0.00 201,747.62 57.64 01-51420-203 LOBBYING COSTS- FED & STA 80,000 80,000 7,500.00 15,000.00 45,000.00 20,000.00 25.00 01-51420-204 CITY STAFF COSTS 7,325 7,325 0.00 45.00 0.00 7,280.00 99.39 01-51420-227 CONTRACT LEGAL DELIVERY S 200 200 0.00 0.00 0.00 200.00 100.00 01-51420-228 BUILDING & DEMOLITION PER 50,000 48,000 0.00 30,120.00 0.00 17,880.00 37.25 TOTAL PURCHASED/CONTRACT SERV 613,525 611,525 77,380.75 240,779.61 86,500.00 284,245.39 46.48 TOTAL PROFESSIONAL SERVICES 613,525 611,525 77,380.75 240,779.61 86,500.00 284,245.39 46.48 3-27-2007 03:13 PM 01 -GENERAL FUND PLANNING DEPARTMENTAL EXPENDITURES PERSONNEL SERVICES 01-51440-100 PERSONNEL SERVICES TOTAL PERSONNEL SERVICES PURCHASED/CONTRACT SERV 01-51440-200 CONTRACTUAL EXPENSE 01-51440-203 MISCELLANEOUS 01-51440-216 ADVERTISING & PUBLIC NOTI 01-51440-220 PROMO & BUSINESS TRAVEL 01-51440-225 ASSOC. MEETINGS & SEMINAR 01-51440-226 MEMBERSHIP DUES 01-51440-227 DELIVERY SERVICES 01-51440-229 CAREER DEVELOPMENT TOTAL PURCHASED/CONTRACT SERV SUPPLIES 01-51440-300 OFFICE EXPENSE 01-51440-310 OFFICE SUPPLIES 01-51440-355 SUBSCRIPTIONS 01-51440-360 BOOKS & PUBLICATIONS 01-51440-365 OFFICE PRINTING COSTS TOTAL SUPPLIES CAPITAL OUTLAY 01-51440-400 EQUIPMENT COSTS TOTAL CAPITAL OUTLAY DEPRECIATION & AMORT 01-51440-610 DEPRECIATION TOTAL DEPRECIATION & AMORT TOTAL PLANNING ORIGINAL BUDGET 86,000 86,000 124,000 o 1,000 o 3,800 900 500 1,500 131,700 3,000 1,200 200 300 2,500 7,200 225,200 BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: MARCH 31ST, 2007 300 300 AMENDED BUDGET 126,385 126,385 124,000 o 1,000 o 5,800 900 500 1,500 133,700 2,860 1,371 200 300 2,469 7,200 300 300 o o 267,585 MONTHLY ACTIVITY 9,307.69 9,307.69 7,340.00 0.00 0.00 0.00 1,012.03 0.00 0.00 0.00 8,352.03 0.00 196.51 0.00 0.00 0.00 196.51 0.00 0.00 o o 0.00 0.00 17,856.23 YEAR-TO-DATE BALANCE 45,246.12 45,246.12 28,546.00 0.00 0.00 0.00 5,752.61 656.25 100.00 0.00 35,054.86 0.00 1,047.92 0.00 95.00 445.97 1,588.89 0.00 0.00 0.00 0.00 81,889.87 TOTAL ENCUMBERED 0.00 0.00 11,032.90 0.00 0.00 0.00 0.00 0.00 0.00 0.00 11,032.90 0.00 322.74 0.00 0.00 167.25 489.99 0.00 0.00 0.00 0.00 11,522.89 PAGE: 10 % OF UNENCUMBERED BUDGET BALANCE REMAINING 81,138.50 81,138.50 84,421.10 0.00 1,000.00 0.00 47.39 243.75 400.00 1,500.00 87,612.24 2,860.00 0.34 200.00 205.00 1,855.78 5,121.12 300.00 300.00 0.00 0.00 174,171.86 64.20 64.20 68.08 0.00 100.00 0.00 0.82 27.08 80.00 100.00 65.53 100.00 0.02 100.00 68.33 75.16 71.13 100.00 100.00 0.00 0.00 65.09 3-27-2007 03:13 PM BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: MARCH 31ST, 2007 PAGE: 11 01 -GENERAL FUND BUILDINGS & PROPERTY DEPARTMENTAL EXPENDITURES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED % OF UNENCUMBERED BUDGET BALANCE REMAINING PURCHASED/CONTRACT SERV 01-51620-200 CONTRACTUAL EXPENSE 2,000 2,000 218.75 930.00 390.00 680.00 34.00 01-51620-205 RENTAL OF OFFICES 48,229 48,400 4,000.00 24,000.00 24,000.00 400.00 0.83 01-51620-206 MAINTENENCE & CLEANING 5,400 8,280 690.00 4,240.00 4,040.00 0.00 0.00 01-51620-207 OFFICE SPACE CHARGES 3,700 5,029 602.98 4,687.42 291.88 49.70 0.99 01-51620-208 EQUIPMENT LEASES 11,616 11,827 948.00 6,138.90 5,688.00 0.10 0.00 01-51620-209 PROPERTY MAINTENENCE COST 150,000 152,000 28,701.87 65,704.82 89,638.13 3,342.95) 2.20- TOTAL PURCHASED/CONTRACT SERV 220,945 227,536 35,161.60 105,701.14 124,048.01 2,213.15) 0.97- SUPPLIES 01-51620-315 POSTAGE COSTS 2,000 2,000 206.99 779.01 498.97 722.02 36.10 01-51620-325 ELECTRICITY COSTS 10,000 10,000 388.44 2,028.02 7,971.98 0.00 0.00 01-51620-326 WATER CHARGES 8,000 8,000 174.74 1,816.17 6,183.83 0.00 0.00 TOTAL SUPPLIES 20,000 20,000 770.17 4,623.20 14,654.78 722.02 3.61 CAPITAL OUTLAY 01-51620-400 EQUIPMENT COSTS 5,000 4,789 291.88 997.35 0.00 3,791.65 79.17 TOTAL CAPITAL OUTLAY 5,000 4,789 291.88 997.35 0.00 3,791.65 79.17 DEPRECIATION & AMORT 01-51620-600 DEPREACTION EXPENSE 0 0 0.00 0.00 0.00 0.00 0.00 TOTAL DEPRECIATION & AMORT 0 0 0.00 0.00 0.00 0.00 0.00 -------,--- -------- TOTAL BUILDINGS & PROPERTY 245,945 252,325 36,223.65 111,321.69 138,702.79 2,300.52 0.91 3-27-2007 03:13 PM BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: MARCH 31ST, 2007 PAGE: 12 01 -GENERAL FUND MARINA DEPARTMENTAL EXPENDITURES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED % OF UNENCUMBERED BUDGET BALANCE REMAINING PURCHASED/CONTRACT SERV 01-51630-200 CONTRACTUAL 10,000 9,200 0.00 741.01 0.00 8,458.99 91. 95 01-51630-206 MAINTENANCE 1,000 1,000 6,850.00 6,850.00 0.00 5,850.00) 585.00- 01-51630-209 PROPERTY MAINTENENCE 15,000 15,000 8,300.00 18,400.00 4,500.00 7,900.00) 52.67- 01-51630-241 MARINA FUEL MANAGEMENT 0 0 9,658.33 21,497.57 0.00 21,497.57) 0.00 01-51630-242 MARINE FUEL STATION OVERH 0 0 2,471.32 3,060.32 0.00 3,060.32) 0.00 TOTAL PURCHASED/CONTRACT SERV 26,000 25,200 27,279.65 50,548.90 4,500.00 29,848.90) 118.45- SUPPLIES 01-51630-325 ELECTRIC COSTS 6,000 6,800 722.85 4,287.52 3,533.37 1,020.89) 15.01- 01-51630-326 WATER COSTS 2,000 2,000 171.61 555.02 1,444.98 0.00 0.00 01-51630-327 GASOLINE & DEISEL FUEL PU 0 0 50,834.24 107,468.44 0.00 107,468.44) 0.00 01-51630-328 MARINA DIESEL SALES TAX 0 0 953.53 953.53 0.00 953.53) 0.00 TOTAL SUPPLIES 8,000 8,800 52,682.23 113,264.51 4,978.35 109,442.86)1,243.67- CAPITAL OUTLAY 01-51630-400 EQUIPMENT COCTS 5,000 5,000 0.00 0.00 9,980.00 4,980.00) 99.60- TOTAL CAPITAL OUTLAY 5,000 5,000 0.00 0.00 9,980.00 4,980.00) 99.60- _.-'--~_._------_._-~-~------~_..._..._--_._--------- TOTAL MARINA 39,000 39,000 79,961. 88 163,813.41 19,458.35 ( 144,271.76) 369.93- 3-27-2007 03:13 PM 01 -GENERAL FUND COMMUNICATIONS & TECHNOLO DEPARTMENTAL EXPENDITURES PURCHASED/CONTRACT SERV 01-51650-200 CONTRACTUAL EXPENSE TOTAL PURCHASED/CONTRACT SERV SUPPLIES 01-51650-330 TELEPHONE LINES 01-51650-335 T-l COMMUNICATION LINE 01-51650-340 CELLULAR PHONES 01-51650-345 WEB SITE 01-51650-350 WI-FI ANNUAL COST TOTAL SUPPLIES CAPITAL OUTLAY 01-51650-400 EQUIPMENT COSTS TOTAL CAPITAL OUTLAY TOTAL COMMUNICATIONS & TECHNOLO ORIGINAL BUDGET 7,500 1,500 3,504 25,400 44,000 81,904 1,000 1,000 83,404 BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: MARCH 31ST, 2007 AMENDED BUDGET 500 500 930 930 7,500 1,500 6,511 25,400 40,993 81,904 570 570 83,404 MONTHLY ACTIVITY 0.00 0.00 408.38 49.32 488.40 670.00 0.00 1,616.10 0.00 0.00 1,616.10 YEAR-TO-DATE BALANCE 930.00 930.00 1,633.59 528.61 2,561.83 670.00 1,763.75 7,157.78 0.00 0.00 8,087.78 TOTAL ENCUMBERED 0.00 0.00 4,366.41 971. 39 3,948.82 24,730.00 600.00 34,616.62 0.00 0.00 34,616.62 PAGE: 13 % OF UNENCUMBERED BUDGET BALANCE REMAINING 0.00 0.00 1,500.00 0.00 0.35 0.00 38,629.25 40,129.60 570.00 570.00 40,699.60 0.00 0.00 20.00 0.00 0.01 0.00 94.23 49.00 100.00 100.00 48.80 3-27-2007 03:13 PM 01 -GENERAL FUND SOFTWARE & TECHNOLOGY DEPARTMENTAL EXPENDITURES PURCHASED/CONTRACT SERV 01-51680-200 CONTRACTUAL EXPENSE 01-51680-210 IT SUPPORT 01-51680-211 COMPUTER SOFTWARE LICENSE 01-51680-212 ACCOUNTING LIC & SUPPORT TOTAL PURCHASED/CONTRACT SERV CAPITAL OUTLAY 01-51680-400 EQUIPMENT COSTS TOTAL CAPITAL OUTLAY DEPRECIATION & AMORT 01-51680-610 DEPRECIATION TOTAL DEPRECIATION & AMORT BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: MARCH 31ST, 2007 PAGE: 14 % OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING -~----_.__._-----_._----- ..--------- ---~--_._-------- 1,200 1,200 0.00 1,000.00 39.90 160.10 13.34 18,540 18,540 0.00 10,500.00 8,040.00 0.00 0.00 5,000 5,000 0.00 0.00 0.00 5,000.00 100.00 4,337 4,337 0.00 0.00 0.00 4,337.00 100.00 29,077 29,077 0.00 11,500.00 8,079.90 9,497.10 32.66 1,000 1,000 0.00 0.00 0.00 1,000.00 100.00 1,000 1,000 0.00 0.00 0.00 1,000.00 100.00 0 0 0.00 0.00 0.00 0.00 0.00 0 0 0.00 0.00 0.00 0.00 0.00 30,077 30,077 0.00 11,500.00 8,079.90 10,497.10 34.90 TOTAL SOFTWARE & TECHNOLOGY 3-27-2007 03:13 PM 01 -GENERAL FUND CONTINGENCY DEPARTMENTAL EXPENDITURES PURCHASED/CONTRACT SERV 01-51990-200 CONTRACTUAL EXPENSE TOTAL PURCHASED/CONTRACT SERV TOTAL CONTINGENCY ORIGINAL BUDGET 500,000 500,000 500,000 BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: MARCH 31ST, 2007 AMENDED BUDGET 432,950 432,950 MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED 0.00 0.00 0.00 0.00 0.00 0.00 PAGE: 15 % OF UNENCUMBERED BUDGET BALANCE REMAINING 432,950.00 432,950.00 100.00 100.00 432,950 100.00 0.00 0.00 0.00 432,950.00 3-27-2007 03:13 PM 01 -GENERAL FUND POLICE DEPARTMENTAL EXPENDITURES PERSONNEL SERVICES 01-53120-100 PERSONNEL SERVICES TOTAL PERSONNEL SERVICES PURCHASED/CONTRACT SERV 01-53120-200 CONTRACTUAL EXPENSE TOTAL PURCHASED/CONTRACT SERV SUPPLIES 01-53120-320 POLICE SUPPLIES TOTAL SUPPLIES CAPITAL OUTLAY 01-53120-400 EQUIPMENT COSTS 01-53120-410 POLICE CRUISER TOTAL CAPITAL OUTLAY DEPRECIATION & AMORT 01-53120-610 DEPRECIATION TOTAL DEPRECIATION & AMORT TOTAL POLICE ORIGINAL BUDGET BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: MARCH 31ST, 2007 PAGE: 16 AMENDED BUDGET % OF UNENCUMBERED BUDGET BALANCE REMAINING MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED 120,000 120,000 120,000 o o 0 0.00 0.00 0.00 0.00 0.00 0 0.00 0.00 0.00 0.00 0.00 120,000 0.00 6,882.00 113,118.00 0.00 0.00 120,000 0.00 6,882.00 113,118.00 0.00 0.00 0 0.00 0.00 0.00 0.00 0.00 0 0.00 0.00 0.00 0.00 0.00 0 0.00 0.00 0.00 0.00 0.00 0 0.00 0.00 0.00 0.00 0.00 0 0.00 0.00 0.00 0.00 0.00 0 0.00 0.00 0.00 0.00 0.00 0 0.00 0.00 0.00 0.00 0.00 -----._--------- -------~ ----- 120,000 0.00 6,882.00 113,118.00 0.00 0.00 o o o o o o o 3-27-2007 03:13 PM 01 -GENERAL FUND TRANSPORTATION DEPARTMENTAL EXPENDITURES PURCHASED/CONTRACT SERV 01-55110-200 CONTRACTUAL EXPENSE 01-55110-230 TROLLEY OPERATIONS 01-55110-231 TROLEY MARKETING COSTS 01-55110-232 TROLLEY SYSTEMS COSTS TOTAL PURCHASED/CONTRACT SERV TOTAL TRANSPORTATION BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: MARCH 31ST, 2007 PAGE: 17 % OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING -_._--~----- 500 500 0.00 0.00 0.00 500.00 100.00 556,920 556,920 65,520.00 247,610.00 298,600.00 10,710.00 1. 92 84,000 84,000 1,715.00 11,888.47 74,278.53 2,167.00) 2.58- 5,000 5,000 0.00 2,575.00 0.00 2,425.00 48.50 646,420 646,420 67,235.00 262,073.47 372,878.53 11,468.00 1. 77 646,420 646,420 67,235.00 262,073.47 372,878.53 11,468.00 1. 77 3-27-2007 03:13 PM BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: MARCH 31ST, 2007 PAGE: 18 01 -GENERAL FUND INCENTIVES & GRANTS DEPARTMENTAL EXPENDITURES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED % OF m~ENCUMBERED BUDGET BALANCE REMAINING PURCHASED/CONTRACT SERV 01-57200-200 CONTRACTUAL EXPENSE 0 0 0.00 0.00 0.00 0.00 0.00 01-57200-236 PBC - DEVELOP. REGIONS GR 100,000 100,000 0.00 0.00 0.00 100,000.00 100.00 01-57200-237 RESIDENTIAL IMPROVEMENT P 0 0 0.00 0.00 0.00 0.00 0.00 01-57200-238 COMMERCIAL IMPROVEMENT PR 100,000 100,000 0.00 15,000.00 0.00 85,000.00 85.00 01-57200-239 ECONOMIC DEVELOPMENT PROG 125,000 125,000 2,169.00 8,818.50 0.00 116,181.50 92.95 01-57200-240 DIRECT INCENTIVE PROGRAM 0 0 0.00 0.00 0.00 0.00 0.00 TOTAL PURCHASED/CONTRACT SERV 325,000 325,000 2,169.00 23,818.50 0.00 301,181.50 92.67 TOTAL INCENTIVES & GRANTS 325,000 325,000 2,169.00 23,818.50 0.00 301,181. 50 92.67 3-27-2007 03:13 PM 01 -GENERAL FUND SPECIAL EVENTS DEPARTMENTAL EXPENDITURES PERSONNEL SERVICES 01-57400-100 PERSONNEL SERVICES TOTAL PERSONNEL SERVICES PURCHASED/CONTRACT SERV 01-57400-200 CONTRACTUAL EXPENSE 01-57400-203 MISCELLANEOUS 01-57400-216 ADVERTISING & PUBLIC NOTI 01-57400-217 NEWS LETTER 01-57400-218 ANNUAL REPORT & BROCHURES 01-57400-219 FESTIVALS & EVENTS 01-57400-220 PROMO & BUSINESS TRAVEL 01-57400-221 CRA MEETINGS & EVENTS 01-57400-225 ASSOC. MEETINGS & SEMINAR 01-57400-226 MEMBERSHIP DUES 01-57400-227 DELIVERY SERVICES 01-57400-229 CAREER DEVELOPMENT 01-57400-236 PHOTOGRAPHY / VIDEOS TOTAL PURCHASED/CONTRACT SERV SUPPLIES 01-57400-300 OFFICE EXPENSE 01-57400-310 OFFICE SUPPLIES 01-57400-355 SUBSCRIPTIONS 01-57400-360 BOOKS & PUBLICATIONS 01-57400-365 OFFICE PRINTING COSTS TOTAL SUPPLIES DEPRECIATION & AMORT 01-57400-610 DEPRECIATION TOTAL DEPRECIATION & AMORT TOTAL SPECIAL EVENTS ORIGINAL BUDGET 60,000 60,000 76,900 o 35,000 14,000 50,000 o o o 6,000 o 200 o 15,000 197,100 2,500 2,500 200 o 2,500 7,700 264,800 BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: MARCH 31ST, 2007 AMENDED BUDGET 60,000 60,000 76,775 33 35,025 14,600 50,000 o o o 6,000 100 200 o 14,967 197,700 2,500 2,500 200 45 2,455 7,700 o o 265,400 MONTHLY ACTIVITY 4,615.38 4,615.38 5,670.00 32.50 708.79 0.00 0.00 0.00 0.00 0.00 86.13 100.00 35.00 0.00 500.00 7,132.42 159.98 196.51 0.00 0.00 500.00 856.49 o o 0.00 0.00 12,604.29 YEAR-TO-DATE BALANCE 28,153.83 28,153.83 19,647.00 32.50 7,206.54 6,692.84 13,833.50 0.00 0.00 0.00 4,768.53 100.00 149.70 0.00 2,483.42 54,914.03 297.88 975.13 0.00 44.95 500.00 1,817.96 0.00 0.00 84,885.82 TOTAL ENCUMBERED 0.00 0.00 50,503.00 0.00 27,817.25 7,829.88 34,675.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4,385.00 125,210.13 159.98 322.74 0.00 0.00 0.00 482.72 0.00 0.00 125,692.85 PAGE: 19 % OF UNENCUMBERED BUDGET BALANCE REMAINING 31,846.17 31,846.17 6,625.00 0.50 1. 21 77.28 1,491.50 0.00 0.00 0.00 1,231.47 0.00 50.30 0.00 8,098.58 17,575.84 2,042.14 1,202.13 200.00 0.05 1,955.00 5,399.32 0.00 0.00 54,821.33 53.08 53.08 8.63 1. 52 0.00 0.53 2.98 0.00 0.00 0.00 20.52 0.00 25.15 0.00 54.11 8.89 81. 69 48.09 100.00 0.11 79.63 70.12 0.00 0.00 20.66 3-27-2007 03:13 PM 01 -GENERAL FUND ECONOMIC DEVELOPMENT DEPARTMENTAL EXPENDITURES PERSONNEL SERVICES 01-57500-100 PERSONNEL SERVICES TOTAL PERSONNEL SERVICES PURCHASED/CONTRACT SERV 01-57500-216 ADVERTISING & PUBLIC NOTI 01-57500-219 FESTIVALS & EVENTS 01-57500-220 PROMO & BUSINESS TRAVEL 01-57500-222 BUSINESS PROGRAMING 01-57500-223 BUSINESS GENESIS 01-57500-225 ASSOC. MEETINGS & SEMINAR 01-57500-226 MEMBERSHIP DUES TOTAL PURCHASED/CONTRACT SERV SUPPLIES 01-57500-300 OFFICE EXPENSE 01-57500-310 OFFICE SUPPLIES 01-57500-355 SUBSCRIPTIONS 01-57500-360 BOOKS & PUBLICATIONS 01-57500-365 OFFICE PRINTING COSTS TOTAL SUPPLIES DEPRECIATION & AMORT 01-57500-610 DEPRECIATION TOTAL DEPRECIATION & AMORT TOTAL ECONOMIC DEVELOPMENT ORIGINAL BUDGET 28,050 28,050 o 325,000 o o o o o 325,000 353,050 BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: MARCH 31ST, 2007 AMENDED BUDGET 28,050 28,050 o 325,000 o o o 100 o 325,100 o o o o o o o 2,000 o o o 2,000 o o 355,150 MONTHLY YEAR-TO-DATE ACTIVITY BALANCE 4,384.62 15,904.91 4,384.62 15,904.91 0.00 18,533.42 0.00 0.00 0.00 0.00 175.00 18,708.42 0.00 286.12 0.00 0.00 0.00 286.12 o o 0.00 0.00 23,379.16 0.00 272,835.07 0.00 0.00 0.00 87.67 175.00 273,097.74 0.00 985.91 0.00 0.00 0.00 985.91 0.00 0.00 289,988.56 PAGE: 20 % OF TOTAL UNENCUMBERED BUDGET ENCUMBERED BALANCE REMAINING 0.00 12,145.09 43.30 0.00 12,145.09 43.30 0.00 10,181.00 0.00 0.00 0.00 0.00 0.00 10,181. 00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 10,181.00 0.00 41,983.93 0.00 0.00 0.00 12.33 175.00) 41,821.26 0.00 1,014.09 0.00 0.00 0.00 1,014.09 0.00 0.00 54,980.44 0.00 12.92 0.00 0.00 0.00 12.33 0.00 12.86 0.00 50.70 0.00 0.00 0.00 50.70 0.00 0.00 15.48 3-27-2007 03:13 PM 01 -GENERAL FUND SIGNAGE PROGRAM DEPARTMENTAL EXPENDITURES PURCHASED/CONTRACT SERV 01-58000-200 CONTRACTUAL EXPENSE 01-58000-224 SIGN CONSTRUCTION TOTAL PURCHASED/CONTRACT SERV TOTAL SIGNAGE PROGRAM ORIGINAL BUDGET 5,000 10,000 15,000 15,000 BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: MARCH 31ST, 2007 AMENDED BUDGET 5,000 10,000 15,000 15,000 MONTHLY ACTIVITY YEAR-TO-DATE BALANCE 0.00 2,800.00 2,800.00 0.00 3,550.00 3,550.00 TOTAL ENCUMBERED 0.00 0.00 0.00 UNENCUMBERED BALANCE PAGE: 21 % OF BUDGET REMAINING 5,000.00 6,450.00 11,450.00 2,800.00 3,550.00 0.00 11,450.00 100.00 64.50 76.33 76.33 3-27-2007 03:13 PM BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: MARCH 31ST, 2007 PAGE: 22 01 -GENERAL FUND HEART OF BOYNTON DEPARTMENTAL EXPENDITURES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED % OF UNENCUMBERED BUDGET BALANCE REMAINING PURCHASED/CONTRACT SERV 01-58200-200 CONTRACTUAL EXPENSE 200,000 200,000 70,190.29 77,490.83 223.80 122,285.37 61.14 01-58200-232 NON PHASE I PROPERTY PURC 0 0 0.00 0.00 0.00 0.00 0.00 01-58200-233 TWN SQ PROJ - HS REHAB 0 0 0.00 0.00 0.00 0.00 0.00 01-58200-234 TRASH SYSTEM 0 0 0.00 0.00 0.00 0.00 0.00 01-58200-235 SAVAGE CREATURES 0 0 0.00 0.00 0.00 0.00 0.00 TOTAL PURCHASED/CONTRACT SERV 200,000 200,000 70,190.29 77,490.83 223.80 122,285.37 61.14 DEPRECIATION & AMORT 01-58200-610 DEPRECIATION 0 0 0.00 0.00 0.00 0.00 0.00 TOTAL DEPRECIATION & AMORT 0 0 0.00 0.00 0.00 0.00 0.00 TOTAL HEART OF BOYNTON 200,000 200,000 70,190.29 77,490.83 223.80 122,285.37 61.14 3-27-2007 03:13 PM 01 -GENERAL FUND DEVELOPMENT PROJECTS DEPARTMENTAL EXPENDITURES PURCHASED/CONTRACT SERV 01-58300-200 CONTRACTUAL EXPENSE TOTAL PURCHASED/CONTRACT SERV TOTAL DEVELOPMENT PROJECTS BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: MARCH 31ST, 2007 PAGE: 23 % OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING ~-~~--~.~----~ 2,400,295 2,368,235 1,616.92 406,616.92 12,935.36 1,948,682.72 82.28 2,400,295 2,368,235 1,616.92 406,616.92 12,935.36 1,948,682.72 82.28 ~~_._- 2,400,295 2,368,235 1,616.92 406,616.92 12,935.36 1,948,682.72 82.28 3-27-2007 03:13 PM BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: MARCH 31ST, 2007 PAGE: 24 01 -GENERAL FUND EMPLOYEE BEBEFITS DEPARTMENTAL EXPENDITURES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED % OF UNENCUMBERED BUDGET BALANCE REMAINING PERSONNEL SERVICES 01-59000-150 COMPENSATED TIME OFF 0 0 0.00 0.00 0.00 0.00 0.00 01-59000-151 F.I.C.A. 32,401 34,905 2,788.78 14,957.26 0.00 19,947.59 57.15 01-59000-152 MEDICARE 7,999 8,585 652.22 3,726.17 0.00 4,858.40 56.59 01-59000-153 RETIREMENT PLAN 401(a) 60,495 62,287 7,304.00 49,011.00 0.00 13,276.30 21.31 01-59000-154 WORKERS COMP INSURANCE 5,714 5,714 2,000.74 2,000.74 0.00 3,713.26 64.99 01-59000-155 HEALTH INSURANCE 32,254 34,441 2,792.74 16,827.53 720.00 16,893.57 49.05 01-59000-156 DENTAL INSURANCE 3,164 3,314 239.63 1,347.90 0.00 1,965.90 59.32 01-59000-157 LIFE INSURANCE 2,064 2,267 419.15 2,534.66 0.00 268.16) 11.83- 01-59000-158 SHORT / LONG TERM DISABIL 2,634 2,859 0.00 0.00 0.00 2,858.56 100.00 01-59000-159 UNEMPLOYMENT CHARGES 5,000 5,000 0.00 222.21 0.00 4,777.79 95.56 01-59000-160 VISION INSURANCE 458 480 30.38 169.26 0.00 310.44 64.72 01-59000-161 COMPENSATED ABSENSES 0 0 0.00 0.00 0.00 0.00 0.00 TOTAL PERSONNEL SERVICES 152,183 159,850 16,227.64 90,796.73 720.00 68,333.65 42.75 TOTAL EMPLOYEE BEBEFITS 152,183 159,850 16,227.64 90,796.73 720.00 68,333.65 42.75 3-27-2007 03:13 PM 01 -GENERAL FUND DEBT SERVICE DEPARTMENTAL EXPENDITURES DEBT SERVICE 01-59800-810 LOAN PRINCIPAL 01-59800-811 BOND #1 PRINCIPAL 01-59800-812 BOND #2 PRINCIPAL 01-59800-820 LOAN INTEREST 01-59800-821 BOND #1 INTEREST 01-59800-822 BOND #2 INTEREST 01-59800-830 FINANCIAL AGENT FEES 01-59800-840 BONDING INSURANCE COSTS TOTAL DEBT SERVICE OTHER FINANCING USES 01-59800-990 TRANS OUT TO DEBT SERVICE TOTAL OTHER FINANCING USES BOYNTON BEACH eRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: MARCH 31ST, 2007 PAGE: 25 % OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING ~."-- --~._-- ----~-~- 675,823 675,823 87,193.16 124,918.42 0.00 550,904.58 81.52 600,000 0 0.00 0.00 0.00 0.00 0.00 235,000 0 0.00 0.00 0.00 0.00 0.00 204,015 204,015 65,225.71 73,559.04 0.00 130,455.96 63.94 786,615 0 0.00 0.00 0.00 0.00 0.00 588,320 0 0.00 0.00 0.00 0.00 0.00 0 500 0.00 250.00 0.00 250.00 50.00 0 0 0.00 0.00 0.00 0.00 0.00 3,089,773 880,338 152,418.87 198,727.46 0.00 681,610.54 77.43 0 2,209,935 687,466.25 687,466.25 0.00 1,522,468.75 68.89 0 2,209,935 687,466.25 687,466.25 0.00 1,522,468.75 68.89 ----_.~-- --------.-..- --- 3,089,773 3,090,273 839,885.12 886,193.71 0.00 2,204,079.29 71. 32 TOTAL DEBT SERVICE 3-27-2007 03:13 PM 01 -GENERAL FUND TRANSFER OUT DEPARTMENTAL EXPENDITURES OTHER FINANCING USES 01-59999-990 INTERFUND TRANSFERS OUT 01-59999-991 TRANSFER OUT-POLICE EXPEN TOTAL OTHER FINANCING USES TOTAL TRANSFER OUT TOTAL EXPENDITURES ORIGINAL BUDGET BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: MARCH 31ST, 2007 AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE 0.00 0.00 0.00 0.00 3,054,646.20 TOTAL ENCUMBERED 0.00 0.00 0.00 0.00 PAGE: 26 % OF UNENCUMBERED BUDGET BALANCE REMAINING 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 59.27 942,648.99 5,815,704.81 ------------ ------------ ------------- ------------- ------------- ------------- ------- ------------ ------------ ------------- ------------- ------------- ------------- ------- 0.00 REVENUES OVER/(UNDER) EXPENDITURES 9,813,000 o o o o o o 0.00 0.00 0.00 o o 0.00 9,813,000 1,289,184.21 o o (1,212,609.17) 6,637,933.22 942,648.99) ( 5,695,284.23) ~lillllllllll'III'.."..I""'."I.....II'I."'I"'I"I..................,.........,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . P. . . . . . I ............................1... J................................ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1- I'- 0 0 N . . ~ c( C ~ C W M Z C :L W Z 0 C) w 0::: c( :E c( ~ c( :E z ~ I W W C tn C) W Z C C 0 ::) Z 0 m w . > . C 0 0 - 0::: w a.. ~ ~ ~ ~ ~ ~ u ~ C ~ == ~ r i ~ ~ ~~~~ L....J... ~ ~ 00. SY~ Z ~ Z:.A"" ~ 0 ~ :'-I... ~ ~ ~ 5-u ~ z .... --~ ~ ~ < nYT. L.U ~ ~ Oz ~~ o < t- Q Q M r- Q ~ ~ ~ ~ ~ -< . . ~ o ~ z ~ ~ ~ ~ ~ Q ~ -< o ~ ~ u .:: :E = ~ '" '" ~ .S '" = ~ "0 o .. ~ ~ f-o - < Cl Z ~ e" < (f) ~ o ro c Q) E u c Q) E ro Q) OJ U :J CO N o ~ I- o o N I \0 o o N ~ Z ~ ~ Q Z ~ ~ < ~ ~ r,., Q ~ CQ . . ~ u ~ ...., CQ ~ 00. Q) OJ U :J .!:l U C :J LL ro L- Q) C Q) c.9 r-- o o N I <.0>, o :'= o E N L- Q),E .!:: C ..... 0 o u :::: 0 Cc Q) .- E (f) Uc C :J Q) 0 E u ro u ro C OJ .Q c ro .C .- .!:l 0..0 0..... L- Q) o.u o.c <( ro .. c ~u:: "'0 < 0 ~-g ~6 ~Q) 00.-5 ~ Z 00. Q) Z C 0 0 z ~ ~ ~ ~ U Q ~ Z =- ~ ~ ~ ~ ~ ~ 0 < u u ~ 00. - ~ ~ o f-o U ~ E:i Cl f-o [/1 - [/1 [/1 < z. o ~ ~ ~ f-o f-o ~ ~ ~ o i:X: D Iii o CO I'- o o ';J <D o o N >- ~ 00 c & ::2 S <J) E ~ ~ t)~ <lJ~ "'0 fDQj 0::.0 E E ~~ ~c ffi ~ OlD <I: ffi aJ E a5<I: Q.Q) 8-8' S2~ (/)..... f-o 0::0 O<;J ~<D WO o::~ >-~ ~ ~ f- ~ 2~ OLL ::2' . Ol (/).<:: ~1J 2::2 WD ~ ~ f-CO 2 <I: Wo:: ~u 88 .N (/)0 <I:..... 09 2 <J) wg> (J ..., ~ :Jj ~~ DEPARTMENT DESCRIPTION APPROPRIATION INCREASE NEW APPROPRIATION BUILDINGS & PROPERTY MAINTENANCE & CLEANING $ 152,000.00 $ 5,000.00 $ 157,000.00 TOTAL $ 5,000.00 EXHIBIT "A" AMENDMENTS TO FY 2006-2007 GENERAL FUND BUDGET April 10, 2007 DEPARTMENT DESCRIPTION APPROPRIATION DECREASE NEW APPROPRIATION CONTINGENCY CONTRACTUAL $ 432,950.00 $ 5,000.00 $ 427,950.00 TOTAL $ 5,000.00 EXPLANATION OF BUDGET AMENDMENTS FOR CHANGE 2006-2007 # 02 APIL 10, 2007 ITEM # 1: MAINTENANCE & CLEANING ($5,000.00) - Unbudgeted additional costs for property maintenance. As new properties are added this account needs to be increased. In addition, the City charges us for landscape maintenance along Boynton Beach Blvd extension done by an outside contractor. "_""""i"",,"--~'"~"''' -.. T""~""""'"~'-'."'- '"'~"'-'''''''''~""li':i;;i~:'''''''''C''I~;~flii:;'~~lML;;iii;;;J)_~1iJ~'''r~~'6'''''''''''''''''''''.~...>1Ii'd'''i'P'~1.;'~_~&l-l''~,ii~~,;;,,,..,~''j"..~5;",.,,,W.;',,,,~,i!, -..............................................................r . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ................................................................ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . V. CONSENT AGENDA: D. CONSIDERATION OF EXPLORING USES & COSTS FOR 310 NE 10TH AVE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ :.;'...;~i r~:;....;.w. 30'YNT-ON. C'RA ~;~ ~{~3 t C -H iIii East Side~est S.,de-Seas,de RenaISsance BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: April 10, 2006 I Consent Agenda I Old Business New Business Public Hearing Other SUBJECT: Consideration of exploring uses & costs for 310 NE 10TH Ave SUMMARY: CRA staff approached the City Manager with a recommendation to renovate the building and turn it into office space for the Neighborhood Services Department. City staff supported this suggestion and since that time several groups have expressed interest in utilizing the building as either office or meeting space. Staff has not proceeded with a board discussion until now for two reasons: 1.) City/CRA negotiations with 1nTown Partners prevent any activities that might interfere with potential property purchases along the MLK Corridor; and 2.) CRA is now completing the selection process for general contracting firn1s to assist the agency in renovations such as this facility. This building once again has interest to City staff and the community to be considered for uses. Staff would like to actively discuss with the City Manager and his staff to determine what might be the best use. Once this is verified staff would be in a position to work with a general contracting firm to get a construction estimate for the building. Staff would be bringing these details back to the board at a later date to make a determination. FISCAL IMPACT: None. RECOMMENDA TIONS: renovation. Authorize staff to secure cost estimates for building (:t~ ~~r T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board Meetings\07 0410 CRA Board meeting - April\310 MLK Bldg Usage.doc 0'::1"17'" T ,,~-_."~'" -"'-I""'''''~'''''''~''.<!''-''~'d..\WiJ:<r-t.~'~aL;Kt'~;'''V-'~*~''''' '~",-,., '~li<"-ij~'~~h...5ilw,~..~:ki~,itMt~"liiii$"".~~~__~~.t~'t..(]~7;~J,,,-:~,,,~.t:~",~:-.iel-"'_"'N-"_' -..............................................................r . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,............................................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . V. CONSENT AGENDA: E. APPROVAL OF THE RESCINDED DIFA FOR 500 OCEAN PLAZA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~~~~Y~Te~ eRA iIi East Side-West Side-Seaside Renaissance BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: April 1 0, 2006 Ik I Consent Agenda I Old Business New Business Public Hearing Other SUBJECT: Direct Incentive Funding Agreement - 500 Ocean Plaza SUMMARY: At the October 25, 2006 CRA Board Meeting, Arthur Slaven, developer for the 500 Ocean Plaza project, reported that due to current real estate market conditions and the price of construction the project would need to be reevaluated within the next 90 days. The CRA Board supported this action. Since that time the developer has met with CRA staff several times and has currently contracted with Suffolk Construction to prepare a revised pro forma. Mr. Slaven expects to have the financial results within the next 60 days and will contact CRA staff to discuss. On March 5, 2007, CRA Staff discussed the agency's willingness to renegotiate a Direct Incentive Funding Agreement once the project costs were presented. The agency has entered its seventh month of fiscal operation is proactively addressing the return of the $2.0 million upfront set aside. At last month's CRA meeting, staff discussed the possibility of purchasing the Boynton Women's Club and potentially this $2.0 million could be a potential funding source should the board decide to purchase or operate the facility. FISCAL IMPACT: $2.0 million up front D.I.F.A. reverts to the General Fund for use on another project to be completed by 9/30/07. RECOMMENDA TIONS: ~ J- T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board Meetings\07 04 10 CRA Board meeting - April\500 Ocean Plaza.doc ~, t~:: "...\o.",~ ",........ "....,~~ ~~~~ ~~ CLIENT COpy LEWIS, LONGMAN & WALKER, P.A. .-\ T T to) R ..~ f Y c; A T L A \V March 22, 2007 Reply To. West Palm Beach Mr. William R. Bloom Holland & Knight LLP PO Box 15441 Miami, Florida 33101-5441 RE: 500 Ocean Plaza. Bovnton Beach Dear Bill: Pursuant to a meeting held on March 5, 2007 with our clients, CRA Executive Director Lisa Bright and Mr. Arthur Slaven, your client indicated to Lisa that a revised pro forma based on new market and construction costs is being prepared and that you will contact the CRA once that is complete. As expressed during the March 5th meeting, the CRA will commit to work with your client to re-negotiate a Direct Incenti ve Funding Agreement ("DIF A") that is mutually beneficial for both parties, based on new market conditions. This way, your client and the CRA can start with a clean slate and negotiate a new deal that works for both parties rather than trying to work within the confines of the existing agreement in a market that has vastly changed. This item will be brought before the CRA Board at its April 10th meeting for a status update. At that time staff will report that the DIFA has been terminated and that we will await contact from you to proceed with a new DIFA once your analysis is complete. You are of course welcome to attend and address the Board and/or reply to this letter. The CRA looks forward to working with you and your client again in the near future. KGS/ma Very truly yours, (:jUt\ A 1 tllL, fy Kenneth G. Spillias cc: Lisa Bright Amy M. Dukes, Esq. Arthur Slaven, Centrum Properties Ifv1,~ R Z' ';; ')O"'~I '" ..J l Vi LIChen! Documents\Boynton Beach CRA\2419-000ICorr\500 Ocean - Letter 3 to W Bloomdoc Helping Shape Florida's Future" I:3RADENTON JACKSONViLLE TALLAHASSEE lIVEST PALM BEACH lCUi Third A\.2!11~'e '-Nl-O'st ~45 RlverSI,je ,i"\".2r-,IJe P() Box lOi-,j8 \])jC:2'1 ;3 I,~, -::d~,--ipn '~,tre"'t ; ;00 Pair-, 8each Lakes Blvd ),_, ~'=' . COe: //F;':,f Br-'dCh FI(,rldo 3:>:101 '-iJ,t'? ~,-j:! ,jn,"l,S~"'8, r: I),"!'_J ,"J I -;.~ ;r;8..J,~I.:C . !- :;.:: ~ JI')2c! 7C~ -:;1~3--';..t . f p : 2'~2 1"',7":,'2 . {! .2..-:>:~ ')::'{~2 >:{j":_~,J=G . {I ~6i-(ACEl202 www,llw-!aw,c:cm -..............................................................r . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ................................................................ ~_f;~'~",li~;~..'"";j6.'iii>;lil!\~;"~\~~'~"ii;,'~"~.'-''''titliil;;:''~:;iW;tt~~~.~..-;,-;~;J;'i,~::;:~~~~~~~~~~~~.iUi~;;,;dw;;,l.iJ;iM;.:;.~:Jtii~~.,~~';.J.4iJiiW;~,d;'*;','l;~\'i,j;;;'~"';o.;[it<;;.k--\";",ik,,;., . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . V. CONSENT AGENDA: F. REVIEW OF THE BOYNTON BEACH HIGH SCHOOL BOOSTER CLUB . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ '~~~Y~T8~ eRA ill East Side-West Side-SeasIde RenaISsance BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: April 10, 2006 I Consent Agenda Old Business New Business Public Hearing Other SUBJECT: Boynton Beach High School Booster Club SUlVIMARY: At the Boynton Beach Assembly held October 2006, one of the outcomes was to assist Boynton Beach High improving its district grade of "D," The suggestion was made to create a program of support for this initiative. Several board members requested staff to provide the attached corporate documents creating the Booster Club. FISCAL IMPACT: None. RECOMMENDATIONS: None. T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board Meetings\07 0410 CRA Board meeting - April\BB High Booster Club.doc The City 0/ Boynton Betlch OFFICE OF THE CITY MANAGER 100 E Boynton Beach Boulevard p. 0. Box 310 Boynton Beach, Flonda 33425-0310 City Managers Office: (561) 742-6010 FAX: (561) 742-6011 wwwboynton-beach.org To: Mayor Taylor Vice Mayor Rodriguez Commissioner McCray Commissioner McKoy Commissioner Weiland From: Carisse Lejeune, Assistant to the City Manager r:jJ Date: January 31, 2007 Re: Boynton Beach High School Booster Club Cc: Kurt Bressner, City Manager Jim Cherof, City Attorney Per the request of a member of the City Commission, please find attached to this memorandum the Articles of Incorporation for the Boynton Beach High School Booster Club. Please note that the Articles of Incorporation read: Boynton Beach High School Tiger Booster Club Inc., and the certificate was issued missing the work "Tiger." The Division of Corporation in Tallahassee has been contacted, and they are correcting the error and will be issuing a new certificate. The document number will not change. At this time, the non-profit status for the Booster Club has not been finalized. Please let me know if you have any questions Thank you. FROM :GENE MOORE LRwYER FHX rH : 5617342497 Jan. 30 2027 03:36PM P2 c ofjf{ , ~tQt f -: -.;: OrUlQ ilrpurtmrnt of @ltutr c , I certify the attached is a true and correct copy of the Articles of Incorporation of BOYNTON BEACH HIGH SCHOOL BOOSTER CLUB, INC., a Florida corporation, filed on December 18, 2006, as shown by the records of this office. The document number of this corporation is N06000012846, Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capitol, this the Eighteenth day of December, 2006 ~~~aR\r,~,\.~ ~r(Td~lnl of (~tIl1l~ . ~ CR2E022 (01-06) 1.:1' "3 :J:._ """ FROM :GENE MOORE LRWYER F~>< rn : 551 73424g7 Jan. ]0 2007 03:35PM P3 FLORIDA DEPARTMENT OF STATE Division of Corporations December 18, 2006 GENE MOORE PO BOX 910 BOYNTON BEACH, FL 33425-0910 The Articles of Incorporation for BOYNTON BEACH HIGH SCHOOL BOOSTER CLUB, INC. were filed on December 18, 2006 and assigned document number N06000012846. Please refer to this number whenever corresponding with this office regarding the above corporation, The certification you requested is enclosed. PLEASE NOTE: Compliance with the following procedures is essential to maintaining your corporate status. Failure to do so may result in dissolution of your corporation. A corporation annual report must be filed with this office between January 1 and May 1 of each year beginning with the calendar year following the year of the filing/effective date noted above and each year thereafter. Failure to file the annual report on time may result in administrative dissolution of your corporation. A federal employer identification (FEI) number must be shown on the annual report form prior to its filing with this office. Contact the Internal Revenue Service to insure that you receive the FEI number in time to file the annual report, To obtain a FEI number, contact the IRS at 1-800-829-3676 and request form 8S-4 or by going to their website at www,irs.ustreas.gov. Should your corporate mailing address change, you must notify this office in writing, to insure important mailings such as the annual report notices reach you. Should you have any questions regarding corporations. please contact thiS office at the address given below. Tim Burch, Document Specialist New Filing Section Letter Number: 406A00071585 FPU1 : GEet 1= ~l[JOPE l~ql.1 1=:1" F~::{~< t~O. : 5S1 f'34~t..:!g? Jan. 30 20D7 03.: 3~F'f'1 ~'j FILED 2005 DEe \8 PH 2: 5~ ~~L i,. ,I I ^U f;' \ :,,',F ! ""1 ARTICLES OF INCORPORATION The un~er8igned ,incorporators for the purpose of under the Florida Not for Profit Corporation Act, following Articles of Incorporation: forming a corporation hereby adopt the ARTICLE I NAME The name of the corporation shall be: BOYNTON BEACH HIGH SCHOOL TIGER BOOSTER CLUB, INC. ARTICLE II PRINCIPAL OFFICE The principal place of business and mailing address of this corporation shall be: 639 EAST OCEAN AVENUE SUITE 409 BOYNTON BEACH, FLORIDA, 33435 ARTICLE III PURPOSE The specific purposes for which the corporation is organized are: To generally promote and support athletic endeavors connected with the Boynton Beach High School, Palm Beach County, Florida, and to promote and afford socialbility among its members, and to make contracts, purchase, mortgage or lease and hold all pro- perty necessary to carry out these purposes, and to exercise all powers granted Corporations not for profit under the laws of the State of Florida. The Club shall further give its full support to the school's educational programs. ARTICLE IV MANNER OF ELECTIONS The manner in which the directors are elected or appointed is: The original Bubscribers to these Articles shall constitute the first Board of Directors which shall serve until the first Annual Election, which shall be held in January of 2008. All directors 5hall serve for a term of one year, in accordance with terms and provisions of the By-Laws of the organization. Individual directors shall be elected to office by a majority of qualified members participating in each annual election. ARTICLE ... INITIAL REGISTERED AGENT AND STRE~T ADDRESS The name and Florida street address of the initial registered agent is: Gene Moore 639 E ocean Avenue Suite 409 Boynton Beach, FL 33435 'FH'1 : I~E' iE MCit"JPF ,HI,: ,Ei:! ARTICLE VI FH." ~~o. : Sfl (3~~'-4'~~ J a:-,. 30 2',]cr' C::3: =~(F<-l F'S INCORPORATORS The name and addresses of the Incorporators to these Articles of Incorporation are: % Gene Moore, Lawyer 639 E Ocean Ave Boynton Beach, FL 33435 % Gene Moore, Lawyer 639 E Ocean Ave Boynton Beach, FL 33435 % Gene Moore, Lawyer fi39 E Ocean Ave Boynton Beach, FL 33435 % Gene Moore, Lawyer 639 E Ocean Ave Boynton Beach, FL 33~35 / Incorporator Incorporator Incorporator c:> Incorporator Incorporator Having been named as registered agent and to accept service of process for the above stated corporation at the place designated in this certificate, I hereby accept the appointment 8S registered agent and agree to act in this capacity. I further agree to comply with th ovisions of all statutes relating to the proper and com- plet ~perf rmance of my duties, and I am familiar with and accept the 0 ~g ions of my ition as registered agent. ,/ {/ Resident /~ Dated: /;(- Ob Agentl Gene Moore FP[li'l : i:;EI 'E nrJOPE L HLlYEP F--R>: r.lO. :;.~~_l ~':'1~2.~'~j-;- J2r-', 38 20C7 Q3:37P~1 p~ STATE OF FLORIDA COUNTY OF PALM BEACH Before me, a Notary Public duly authorized in the state and County above named to take acknowledgments, personally appeared, GERALD TAYLOR, DAVID KATZ, DAVID FLOERING, QUETEL OSTERVAL, GENE MOORE, and GLENN p, JERGENSEN, who are all known to me, and who signed as Incorporators and Resident Agent, Gene Moore, in and who did execute the foregoing Articles of Incorporation, and they all acknowledged before me that they executed and subscribed to these Articles of Incorporation. WITNESS my hand and official seal in the County and State above named this 12th day of December, 2006. ,/:;7 /J~) ~ /<"S.:c.(,~J 7 ~~ ///' NOTARY PUBLIC (L.S.) BARBARA A. RANTA State of Florida at Large My commission expires "''';':''''::~'''' BARBARA A RANTA ~ {^Gi.5i:\~'(~NOlarY PU. bile. SIole 01 F'''rldo '0.<' .;(:M,>C~~Ccfl5.2cr.A'i 'o':.;n,. ;;!),... CommlSlIon # DD 353067 .",,,\. 8and8d By No"e>nol Nolory AMn. FRor'1 : GEtiE- t1IjIJF'E I_HI,ltE- R F~.': NO. :~~,17]~2~3-7 Jan. :30 ~'00- U:.: ::::-~Pi'l F 7 CERTIFICATE DESIGNATING PLACE OF BUSINESS OR DOMICILE FOR THE SERVICE OF PROCESS WITHIN FLORIDA, NAMING AGENT UPOM WHOM PROCESS MAY BE SERVED. In compliance with Section 48.691, Florida Statutes, the following i6 submitted; FIRST: That, BOYNTON BEACH HIGH SCHOOL TIGER BOOSTER CLUB, l~r INC., desiring to organize or qualify under the Laws of the State of Florida, with its principal place of business at the City of Boynton Beach, Florida, has named GENE MOORE, whose address is, 639 East Ocean Avenue, Suite 409, Boynton Beach, Florida, 33435, its Agent to accept service of process within the State of Florida. s; Gerald Taylor President Dated: 12/12/06 having been named to accept service of process for the above stated corporation at the place designated in this Certificate, I hereby agree to act in this capacity, and I further agree to comply with the provisions of all Statutes rel proper and complete performance of my duties. ~~~ ~ ~ORE, RESIDENT AGENT Dated: December 12, 2006 ,'~~""""""~~"'iljlf~~""''"''~ .- "-'-"",}.;;:.i~'i!iJ'fj'[~f~~.i~(~.r.:i.;M.,'4~""i'~,~i;<ij~;-,";~jjjiiil~Xti.~t.i:Mt\i.iiM:;""li:o;,-'d;ii;~~tiili;l;~tii."'Sk;lj~~"~'-"'o~~'--:'~~iill/'il.'il~~b~,";;,;i;~;,;,"'.:i--' -..............................................................r . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I............................................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . v. CONSENT AGENDA: G. CRA BOARD PACKET PRODUCTION LIST . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - .L ," <.;q I:;;;~ '., lo1~"""<~.;;~' 't~~"\,F~-\ ' ~~~~Y~T2~ICRA ill East Side-West Side-Seaside Renaissance BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: April 10, 2006 X I Consent Agenda Old Business New Business Public Hearing Other SUBJECT: CRA Board Packet Production & Distribution List SUMMARY: Several of the board members commented that they were not aware that City Commissioners received board packets from the CRA. Attached is a comprehensive distribution list to recipients with City Commissioners and City Staff highlighted. FISCAL IMPACT: None. RECOMMENDATIONS: None. T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board Meetings\07 04 10 eRA Board meeting - April\CRA Board Packet Production List.doc CRA Board Packet Production list - (30 Copies) Board Members Jeanne Heavilin - deliver to Salefish Realty Henderson Tillman - deliver to home Steve Myott - deliver to home (gets full size blueprints) Marie Horenburger - deliver to home Stormet Norem - deliver to home Guam Sims - deliver to home Lance Chaney-deliver to home City Manaaer's Office Kurt Bressner - deliver to City Wilfred Hawkins - deliver to City Carisse Lejeune-deliver to City City Commission Mayor Jerry Taylor-deliver to City VICe Mayor Jose Rodriguez .. Commissioner Mack McCray Commissioner Carl McCoy Commissioner Ron Weiland CitY AItomey James Cherof (deliver to city) Chamber of Commerce Glenn Jurgenson-639 E. Ocean Avenue CRA Attorneys Ken Spillias-deliver to office by courier Amy Dukes .. Director of DeYeloDlllent Quintus Greene - deliver to City Director of Plannlna & Zonlna Mike Rumphf - deliver to City City Clerk's OffIce - Attn: Janet Pralnito Cilv Stenoaraoher - Leave on table in chambers CRA Staff Lisa Bright - put in her binder Staff Copy-in binder Sun Sentinel- deliver to City Palm Beach Post deliver to City Browarei Times-deliver to City Neiahborhood Post-deliver to City Online Distribution List: 1. Ambit Send Agenda to Stan Brown [mailto:stan@ambitmarketing.com] in PDF format via email for website (open in Word, hit Adobe PDF on top of toolbar, Convert to Adobe PDF and email). 2. Alan Karialainen for him to put on the city website 3. Buck Buchanan at: buck@bucksbase.com *30 extra copies of Agenda and Quasi-judicial forms to be placed in rear of chambers. Oriainal - File in black file opposite COpy macftine T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Montbly Board Muting Packet Information\CRA Board Packet Distribution List.doc ,,,,,,Qrw~~lkj~'~""~~;~~i'~~'iiIiii:,';;f^~",,,"'i(..> .a<<~':;'~.",,"'~~ ''''''''~''''r'.~''''t''''~'.,;&'~"f~~lIi~'i'''-= &."~~"""ilil<j.t-."",,",,,,--~ t.'....""~',jj.~vr-~~"""'" ~'~Hiil;y_""~.r""~,'~~'..<-" t "<<>~-"'-'~-"""W~"""ua.u~'t.,~Jl1;:c,!w.li');i;.;E'2ili'~:;~;;f:;~i.;~:~i/!l.~',,'",h,j... -..............................................................r . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ................................................................ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . v. CONSENT AGENDA: H. SS 163 REQUIREMENTS FOR FUND BALANCE, BOND PROCEEDS & USE OF . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . APPRAISALS ,f. . :; I '~:f\,. "'"'';:''~.'"'' "-. '. ,,,"l. '" -, >;.-:::- '-.. '\ \ ~J~<tY~T2~ICRA iii East Side-West Side -Seaside Renaissance BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: April 10, 2006 .)(J Consent Agenda Old Business New Business Public Hearing Other SUBJECT: State Statute 163 Requirements for Fund Balance, Bond Proceeds & CRA Use of Appraisals SUMMARY: The attached memos address CRA statutory and IRS obligations as it pertains to maintaining a fund balance and bond proceeds. This is addressed by Robert Reardon, Assistant Director, who possesses more than thirty years of government accounting and finance which for a very long time interfered with his unwillingness to accept the fact that CRA's are mandated to spend the money on the community through approved projects and programs. We are very proud of his philosophical change and acceptance of the CRA's statutory requirement- it goes against everything he believes in! The second memo is an email from the CRA' s former TIF Consultant, Greg Oravec and is addressed to the Florida Redevelopment Association regarding the use of appraisals to activate redevelopment efforts. FISCAL IMPACT: None. RECOMMENDATIONS: None. v~~ T:\AGENDAS. CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board Meetings\0704 10 CRA Board meeting - April\163 Fund Balance-Bond Proceeds.doc MEMO TO: FROM: CC: SUBJECT: DATE: Lisa Bright, Executive Director Robert Reardon, Assistant Director ~ Statute 163 Requirements 3/29/2007 I was dismayed to hear a City Commissioner criticize the CRA for spending "all of its money all at once" at the last City Commission meeting. Perhaps the comment was aimed at our Bond proceeds which were raised to assemble land in the CRA district among other things. In any event, the notion fails on two counts. As you know, our function is to clear slum and blight aDd promote development. Under State Statute 163 we are obligated to spend all of our T.I.F. accomplishing those two tasks. In addition, Federal IRS rules demand we expend our Bond proceeds under strict time constraints in order to avoid arbitrage (unduly enriching our bottom line with interest on non taxable borrowing). To further clarifY the issue I would like to expand on the rules governing our Agency as pertains to State Statute 163; CRA's are prohibited from amassing a fund balance under this statute. I believe this is to insure that redevelopment progresses at a market rate. In other words, TIF money is used in the year it is generated and spent on projects that reflect current market conditions, To further clarifY the IRS Arbitrage rules; borrowers must expend Bond proceeds within 12 months after receiving the funds. I thought going after Ocean Breeze and the surrounding property was doing exactly what the statute mandated. The CRA Board is actually an independent commission governed by SS 163, and as such is obliged to act on opportunities such as Ocean Breeze for "workforce" housing stock. I must also express my concern regarding the two million dollars D.I.F.A. we have with the 500 Ocean Project. The D.I.F.A. has lapsed and I must place those funds back into the General Fund to be expended by September 30,2007. If those funds remain unspent after that time we must designate the money for a specific project, or move them to the Debt Service Fund for debt repayment. We are not allowed to carry a fund balance derived from TIF dollars. Page 1 of2 Bright, Lisa From: Carol Westmoreland [CWestmoreland@f1cities,com] Sent: Wednesday, March 21,20079:10 AM To: Bright, Lisa Subject: FW: Florida Planning March 2007/Article by Brian Hinners Hi Lisa, FYI and would you please forward to Mike? Thanks. From: Greg Oravec [mailto:GOravec@cityofpsl.com] Sent: Tuesday, March 20, 2007 7:53 PM To: fapa@f1oridaplanning.org Cc: Carol Westmoreland SUbject: Florida Planning March 2007/Article by Brian Hinners I greatly appreciated the March issue's cover story regarding eminent domain and redevelopment within CRAs which was written by Mr. Brian Hinners. I read the story with great interest and would like to inquire about the following assertion found in the last section of the subject article (P. 4): "CRAs can only pay appraised value for blighted properties..." More specifically, I was hoping that you could share the applicable regulation and/or Section of Florida Statutes which supports this assertion. While I certainly believe that a formal appraisal performed by a certified property appraiser is a great frame of reference for a CRA in the negotiation of the purchase of property and can be critical in maintaining the public trust, I was not aware that such an appraisal was a statutory constraint. In my review of Florida Statutes, I could not find any provisions in Chapter 163 which would preclude a CRA from paying more than appraised value. In fact, Chapter 163 has some very specific regulations which allow CRAs to dispose of property at or below "fair value" as specifically explained therein. Similarly, in my review of Section 166.045, I did not find any constraints upon a city's ability to pay above fair market value other than when utilizing the public records exemption afforded by Chapter 119 or by a city's own regulations or charter. In fact, Section 166.045 specifically addresses the issue of how a city may utilize the aforementioned public records exemption and still pay an amount for property which exceeds the averaged amount of two appraisals. I am very eager to learn if Mr. Hinners is generalizing regulations only applicable to Delray Beach, speaking to a policy common to, but not required of (except per local regulations), several cities and/or if I missed the applicable state regulations. It is a very important distinction, as I believe that CRA boards and their respective governing boards will very likely find it necessary to pay a little more for holdout parcels hindering the cornerstone projects of their community redevelopment plans now that eminent domain or the threat thereof is no longer a viable CRA tool. I would not want the readers of the subject article to be bereft of another tool if, in fact, it is available. I look forward to your response. As you will note, I am also copying Carol Westmoreland of the FRA for her guidance on this matter. Thank you. Very truly yours, Greg Gregory J. Oravec Assistant City Manager/ CRA Director 03/21/2007 ;;;t~~-"~"l'.;.~O!,;J(""~''''~'-~'''''''"'l--'1>:'V''~i\~\dt:1/\1-''''''~''ril'i.''''''';';'~;,",'c1'ili~"""'--""'~"""'.~~'n:&<' ..... -'''''''''-'-^'''''---'''''''h'"-r'''',C~-'''~\li!~'jV~i>'il''~-'~1f,",'",""","''M~~'1'"':'.i-;&'-:l-"'-_f1iiii1~:I:Ilt_lI~~i'&:'J,I~,';"~~ii'i;," -..............................................................r . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ................................................................ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . V. CONSENT AGENDA: I. APPROVAL OF OCEAN BREEZE RFP SELECTION COMMITTEE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ." IJ~qY~T2~ eRA ill East Side-West Side-Seaside Renaissance BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: April 10, 2007 AGENDA ITEM: X I Consent Agenda Old Business New Business Public Hearing Otkr SUBJECT: Approval of Proposed Ocean Breeze RFP Selection Committee SUMMARY: The Ocean Breeze project will be the first new project out of the ground in the Heart of Boynton for many years. In order to ensure that the communities' vision is respected, it is recommended that an independent selection committee be fonned to review and rank the responses to the RFP, A ranking spreadsheet will be utilized by the committee. Responses will be aggregated and the top three responders will be asked to present to the CRA Board. Staff if recommending the following committee members: Buck Buchanan - INCA Woody Hays - Planning and Development Board member Mary DeGraffenreidt - Director of the Hester Center in HOB Devon CougWon - President of the Chamber of Commerce Wayde King - Resident and Property Owner in HOB FISCAL IMPACT: None. RECOMMENDATIONS: Formalize the selection of the Ocean Breeze RFP selection committee members. ~ Vivian L. BroOks~ CRA Planning Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board Meetings\0704 10 CRA Board meeting - April\OceanBreezeSelection Committee.doc ,~_~<if';"'~it';f-"";j;j,i!.u.t.a'""~>t;;.''''''';'''''--li' t'.t1lJ~.t;;;,- """,,,,",,,,,~~~t~:iii:.~~~;i;,~iiiW;J:fH~,<",_~.',;;.il~),;;t,,.i~',,-;;.,t:,"';;'~JiI~~ -'''''''''''-'''-MIil>-~t.1;i~'...&;'>f~;iI/;;.'~t:''ii~~':'~1(llf;l;'-'~iii'k'it;i;,_",~~~:J;l:t-h"'~'&>'~"i>IM4h;j,i;f"'-i4;"""'!i:;r."";_'~~K -..............................................................r . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~............................................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . V. CONSENT AGENDA: J. APPROVAL OF COMMERCIAL FACADE GRANT-ANNE MARIE MOTEL NTE $15,000 - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - ~<tY~Te~ C R/~ East Side-West S'lde-Seas',de Rena',ssance BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: April 10,2007 AGENDA ITEM: I x I Consent Agenda Old Business New Business Public Hearing Other SUBJECT: Consideration of a Commercial Fayade Improvement Grant to the Ann Marie Motel SUMMARY: Craig Pfeifer, managing partner for Sundown Motor Inn, LLC, has submitted an application for a Commercial Fayade Improvement Grant for his property, the Ann Marie Motel, located at 911 S. Federal Highway. Mr. Pfeifer and his company purchased the motel in August of 2005 and is currently operating as a motel. Mr. Pfeifer is requesting funds for a large scale landscaping enhancement project which includes substantial landscaping improvements, an updated Tiki hut and back-filling in the existing pool with sand to create a beach type patio area, Mr. Pfeifer also intends to repaint the roof adding an additional exterior upgrade to the motel's current condition. Mr. Pfeifer has demonstrated the ability to pay for the proposed improvements. FISCAL IMPACT: $15,000 from general revenue funds upon the completion of work. RECOMMENDA TIONS: Approve the application for the Commercial Fayade Improvement Grant _/;:./1;" .of /. '" //X~. ..J r J . /1' }I"(<_ ;t~-!..~ _~, ir~J...7Y7-- Michael Simon .... ./ Development Manager T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board Meetings\07 04 10 CRA Board meeting - April\Ann Marie Motel facade grant.doc ~ " t ' \ _~ ~'- t' ~~~qY~Te~ Ii East Side-West Side-Seas'lde Rena'lssance 2006/2007 COMMERCIAL FACADE IMPROVEMENTGRANT PROGRAM APPLICATION FORM Boynton Beach Community Redevelopment Agency Maximum Grant Amount is $15,000.00 (Please Print Or Type Only - Use Additional Sheets If Necessary) APPLICANT INFROMA TION Name of Property Owner: A-"'r-- VV\6J.:c- (\\0 k\ C~":.":l '? .Q.~ Address of Property 0 I \ Owner: \ \ S , (''2-~ t:;'-eA- \ City/State: _; oy^k ~eALl. ~\ ~ Phone # Day: ~ l Q - 61 ~-~ ~ "13. Evening: ~ Zip Code: "3> 3 ~ '3 ')" 'l(~ S-~t -(lo, Legal owners and legal description of the property to be improved (please attach copy of warranty deed and lease, if applicable): ~ <; u,^Oow.;\1t.A ~ ('e.. ~ I,. p.Q ..-k-... - V"\AA.A S\'\.~ ,~ ~)'M ;^__ ~a-..l~ LLc. If Different from Property Owner Name of Business: S v ^ \:)ow~ M..b.\.oJ ....... Address of Business: 1\\ L W ~~ ~ w ~Ll,- City/State: L 01\tA0"\<- (V\~ ,"--- L(G \ .A.-- <... Zip Code: 2-l 0'1 ~ Phone # Day: ~lD --S-~t -(\0\ Evening: S~<..... Type of Business: ReA' e "> -\-<<-.-{.~ I"''-'C<'~'~~ Years of Operation: :2 f.e AA \ Number of Employees: - 3 Annual Payroll: -/6 D , bO 0 Number of Employees residing in Boynton Beach: - 3 .- PROGRAM GUIDELINES The following guidelines are intended to inform a potential grant applicant of the extent and scope of the program. The purpose of the program is to encourage commercial property owners to upgrade their properties by improving the external appearance of their business and to encourage businesses to invest in their operations. The result will halt deterioration, stabilize property values, improve and upgrade appearance of the area, and facilitate and encourage redevelopment activity in the target area. The following guidelines are applicable to this program: 1. The program is available only for property located within the Community Revitalization Areas of the Boynton Beach Community Redevelopment Agency (CRA). Note: See attached Fa9ade Grant Area Map. 2. The program is for commercial properties and businesses. The property owner must be the applicant. However, if the property is currently leased to a tenant, then the Application and Agreement must be jointly executed by both the owner and the tenant. 3. Eligible exterior improvements for this program include: . Painting. . Shutters. . Signage (located on the building or the property). . Awnings/canopies. . Doors/windows. . Landscaping around the building. . Irrigation. . Parking lot re-paving, re-sealing, re-striping. . Exterior Lighting. . Patio or decks connected to the building. · Exterior wall repairs (e.g. stucco, brick or wood repairs and replacement). . ADA improvements. 4. All work must be in compliance with applicable Boynton Beach Building Codes and all contractors must be licensed in Boynton Beach/Palm Beach County. If the Applicant(s), installs enhanced landscaping and or signage it must be in accordance with City Ordinance No. 98-43. 2 5. Maximum Grant amounts: The CRA will provide, on a reimbursement basis, a dollar for dollar matching grant for eligible fayade improvements up to a total of fifteen thousand dollars ($15,000.00) of CRA funds. 6. The Fayade Grant program will honor expenditures completed up to 90 days prior to application, improvements underway and proposed improvements. 7. The Fayade Grant program may only be used one time in any three year period for anyone property. Properties may re-apply for additional grants any time after three (3) years from previous grant approval. Project phasing of up to two years can be requested. Property owners may receive grants for multiple property locations. Applicants shall be limited to one grant per CRA budget year (October 1st to September 30th). 8. The scope of work that is to be paid for with CRA funds for must be completed no later than 120 days from the approval of the grant by the CRA Board. 9. Disbursement of grant funds shall only occur if the following conditions are met: a. b. c. CRA has received copies of executed contracts, canceled checks (front and back) and proof that the work has been approved by the City Building Department. Entire scope of work is completed. Applicant provides "After" photos. 3 APPLICATION PROCESS 1. An applicant seeking a project grant may secure an application from the Boynton Beach Community Redevelopment Agency (CRA) located at 915 S. Federal Highway, Boynton Beach. 561-737-3256 2. An original application and eight (8) copies of all materials are to be returned to the Boynton Beach Community Redevelopment Agency for review and approval by the CRA Board. Applications will be considered on a first-come, first served basis. Applicants must take the necessary steps to insure that their submitted application is properly time stamped to document receipt by the CRA. 3. Upon approval, appropriate grant program documents will be prepared in the CRA Attorney's office and the applicant will be notified of approval by return mail. 4. The CRA will administer the commercial exterior facade program. In addition to the appropriate City inspections, the CRA will inspect the work to determine satisfactory completion of the work. 5. Applicants may not have any outstanding City of Boynton Beach liens against their property, In the event that an Applicant has an outstanding City of Boynton Beach lien against the property, the grant will not be awarded until the complete satisfaction of the lien. 6. Applicant shall obtain, read and understand all aspects of the Fayade Grant Program Agreement, including Program and Reimbursement Regulations. 7, Application to this Program is no guarantee of funding. Funding is at the sole discretion of the CRA Board. 4 PROJECT INFORMATION Describe improvements to be done to the property. Attach the following items: . Project work write-up(s) describing in detail the scope of the project, . Plans or sketches if applicable, . Site plan and plant list for landscape projects, . Third-party cost estimates from three (3) licensed contractors, . Estimated time line, . Evidence of financial ability to pay for the project (approved loan, cash account, line of credit, etc.), . A minimum of four (4) 3" x 5" color "before" photos of the project which must include "public views", . Signage design with colors & materials proposed if applicable, . Project color chips I material samples if applicable, . And material specifications. Applicable documents must be attached for the Application to be processed. By signing this Application, I acknowledge that I have received and read a copy of the Program Agreement, and I understand and agree to comply with its content. (lz1l1 t:~~l;/ /(;CJ? '/ _. Witne$'s prC~ ~te) ~(~O\O( 30;//7 (Date) (Property owner's signature must be notarized) Witness (Date) Tenant/Business Owner (Date) eRA Director (Date) 5 STATE OF FLORIDA, COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, produced (>1 ,1.<~ I~' IJ-f---- , w~ is personally known ~~_me or as identification, and acknowledged he/she personally appeared executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this J.o -;tJ..., day of 7^-.IA.A'-1- ,-,' .20Q.Z NOTARY PUBLIC A,'J>v~vtA//171.;::~ !I ' 5~ /; j,'l My Commission Expires: 6 Sundowner Motor Inn, LLC 1112 Westwicke Lane' Lutherville, Maryland 21093 March 21, 2007 To Whom It May Concern: The project will be to significantly improve the appearance of 911 S. Federal Hwy. It is currently operating as a motel with a pool. We intend to replace the pool with an updated Tiki Hut and a lounge area. In addition to that, we will paint the roof and add substantial landscaping to greatly enhance the overall look of the property. My personal and business lines of credit have over $300,000.00 in available credit. Respectfully, .C '.\' --kr::;'rr-~ I ! . -- "<-- \ ~, -- -'-. ~ ~._~~\ 'c~- .~ Craig Pfeifer Property Owner MAP-32-2227 :::24 FRCM:CHPRLES ~.~_ S?"7377L.32 ;::': ~ S,=I~_7=,(32S,=' p. ::::'02/12122 . ~~l~~~,Banl< March 30, 2007 To Whom It May Concern: This letter is in reference to Craig Pfeifer's relationship at Carrollton Bank, Craig as been a customer since 1996 and has kept an aecul1lUlative balance of over fifty thousand dollars in the bank on an average. I hope this information will suffice. Any additional information needcd please do not hesitate to contact me at 410-536-7386. Sincerely Yours Cheryl! 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Estimate 3827 West Atlantic Avenue Date Estimate # Delray Beach, Florida 33445 12/28/2006 2800 Name I Address Ship To Ann Marie Motel 911 S, Federal Hwy. Boynton Beach, F133435 Craig Pfeifer 41 0-633-3333x1 02 Rep Project Name RAG Qty Item Description Rate Total 1 Queen Emma Crinum Lily 7G 45.00 45.00 3 Agapanthus Agapanthus Africans 3G 20.00 60.00 114 Juniper 1 G Blue Pacific Juniper 1 G 5.00 570.00 81 Gold Mound D... Gold Mound Duranta 3G 12.00 972.00 66 Dwarf Firebush Hamelia Patens 3G 12,00 792.00 4 Pinwheel Jas... Pinwheel Jasmine 7G 30.00 120.00 2 Lakeview Jas... Lakeview Jasmine 15G 75.00 150.00 10 Hawaiian Ti Hawaiian Ti Plant 3G 20.00 200.00 4 Agave Agave "Lime Stripe" 3G 35.00 140.00 3 Iris 3G Apostles Iris 3G 15.00 45,00 1 Bromeliad Aechmea Bromeliad 3G 45.00 45.00 1 Winin Palm Winin Palm- TRP B&B 450.00 450.00 3 Nerogelia Bro... Nerogel/a Perfection 1 G 25.00 75.00 5 Ground Orchids Spathoglottis pl/cata 3G 20.00 100.00 1 Agave Spineless Agave 3G 45.00 45.00 16 Simpsons Sto... Simpsons Stopper 3G 12.00 192.00 20 Trinette 3G Trinette 3G 12.00 240.00 12 lcetone Croton lcatone Croton 3G 12.00 144.00 4 Cassia Tree Dwarf Cassia Tree B&B 350.00 1,400.00 40 Penta Dwarf Purple Pentas 1 G 5.00 200.00 1 Fountain Gras... Fountain Grass #3 12.00 12.00 3 Ground Orchids Spathoglottis plicata 3G-Peach 20.00 60.00 20 Ixora Maul Su... Ixora Maui Sunset 3G 12.00 240,00 1 Geiger Tree Orange Geiger Tree B&B 300.00 300,00 Thank you for the opportunity to present this estimate. Total Terms: 50% DOWN BALANCE UPON COMPLETION! Initials Signature Phone # 561 2436869 Fax # E-mail Web Site 561 243 3588 DGC@Bellsouth.net Page 1 www.delgarden.com Delray Garden Center Inc. Estimate 3827 West Atlantic Avenue Date Estimate # Delray Beach, Florida 33445 12/28/2006 2800 Name I Address Ship To Ann Marie Motel 911 S. Federal Hwy. Boynton Beach, FI33435 Craig Pfeifer 41 0-633-3333x1 02 Qty 150 20 4 1 1 Rep Project Name RAG Item Mulch C Mexican Beac... Cap Rock Prep Landscape De... Description Bag of Cypress Mexican smooth rock Cap Rock Prep, Install, Debris Removal & dump fees A custom design to fit your budget, Plants to be detailed upon completion Rate 4.00 30.00 150.00 3,000.00 750.00 Total 600.00 600.00 600.00 3,000.00 750.00 Pest Control, Fertilization & irrigation responsibility rjf the Home Owner Thank you for the opportunity to present this estimate. Total $12,147.00 Terms: 50% DOWN BALANCE UPON COMPLETION! Initials Phone # 561 2436869 Signature Fax # E-mail Web Site 561 2433588 DGC@Bellsouth.net Page 2 www.delgarden.com ENVIRONMENTAL LANDSCAPE V L;lIld~capc: M ainten:L1lCt V Land~GlpC Design & Inst.al!;nion v' La";n & Ornament;:]1 PCs! CO!111 01 v' Fnlili7.alion & Irrigation . ~.ti1:j 'I:f:I<&-i:Ti:"mma?: Name I Address Ann Marie Motel 911 S. Federal Hwy. Boynton Beach, FI Craia Pfeifpr Qty 1 3 114 81 66 item Queen Crinum... Agapanthus Juniper 1G Gold Mound D... Firebush 3G Pirr"iheel Jas... 4 n " La~:e.Jasrn. Std 10 4 Ha\iVai~an Ti Agave ~ , J_:_ "'...-,. U!~ ~~ i 1 3 c;. ...; 8rQmel~8d '/\linin Paim NerogeUa Bro... G:ound Orcrdds -4 I Agave S~fnpsDns Sto... -;-_:~ ~.:....!.._ <;r" t !!l~t:::u_e J\....:.i !cetone Cretan A" ~o "^ LV 12 4 Cass~a Tree ~0 Ds~-':~ "....: 1_.......... -4 I r..... ._L_=_ r-"o___ rVUlltdUI ~:o:::;;:_.. Ground Orch!us "::f"\ LV i;(Qfa C6~;;~:- "T:-e~ Date Estimate # 3/13/2007 32476 Ship To Rep Project Name Description Crinum Augustum 'Queen Emma' Lilly of the Nile 3g Blue Pacific Juniper 1 G Gold Mound Duranta 3G Dwarf Firebush 3G Pinwheel Jasmine 7G Lakeview Jasmine Standard Tree 15G Rate 90.00 27.50 7.50 13.00 13.00 37.50 150,00 2500 40.00 Havv'aiian Ti Plant 3G Agave :emon time stripe 13.00 ..; .-..r~ r..t'. !Uu.uv VVa!k:ng !f~S Aechme8 8rornei;ctG Wir.ir. Palm Trip B&B BromeHad "Perfection" 650.00 II I; rH. .........,vv SpsthOg!cttj2. D!~cata 1 G 0_:-._1___ ^ __~._ 0tJH itit;::;~~ n~a'J'C S!!llpSO(!S 3.t')pper 3G ;-_:.-....~... """:iT' , tl!!t::Ht:= J\j !cetone Craton 25.00 nA nr\ U'J.UV A''''''!: I'"':.f""', ..... 'Ill r...... .'\A 1..:J.UV 13,00 Cass~a Senna Tree ii;::;.n nn ,""v.v...., Dc.:n}~C' ~ r:. ("'r,~!"'_=' D, i:;......~C . _".._...... 1- _.........". I...........'..... /"> ^^ """'.......... I-'.'_.L_;_ I""'"'____~""l r Ul.H H..a~~ ~ \"':}i c:::~ ::-.; ..c "'" n.n i;";;.V-..; Spat~1og:0tt:~ p!~c2ta 1G COir:'f. :~~'-~f~ ~..-._._ '"",..____:.. '~r"~ 'i!~diUi 0U~ t::;:".::!l JU ..-.. '.,_ ._ ." _ "..... _ = .. _ .. "T" _ _ _ 'J: do: :~~ ........;.~;~~: :: ''::;-'::;: t""".~ r-...... L::, 1_1~_1 .-': . ~ f, f-... f..) UU ,cr"\^ .......... """:"v.J.uv 2919 #E, N. :vrilitary TraiL, West Palm Beach, FL 33409 Total 90.00 82.50 855.00 1,053.00 858.00 150.00 300.00 250.00 160.00 "'r"l. .n.n.. ~~.\.,.t..' AAf"'-. ro"...... !uU.\..JU 650.00 1 'l.1; nn I ""''''',vv 125.00 on f"\r\ U\J . VV I""'l.r'\r": r.n LUC,'J:..J 260.DO 156.00 1.800.00 2--10.00 1J.08 --,.r r-.n ~ ~ : l! I '"': ;':- t ~ I' r , L[JU UU ~:~_8:] V Landscape Mainlen:ltlce v' Land.~capc Design & ] nst.all:lliOI1 V'LlI';n & Ornamel1l;J1 Pest Call 11 01 V' fntili72liol1 & Irrig-alion ENVIRONMENTAL LANDSCAPE '. .' . Tel (661) 683.2979 Fax (561) 683.5951 Estimate Date Estimate # 3/13/2007 32476 Ship To Name I Address Ann Marie Motel 911 S. Federal Hwy. Boynton Beach, FI Craia PfeifAr Rep Pr~ectName Qty Item Description Rate Total 150 Mulch M Cypress Mulch by the bag 4.50 675.00 20 Beach Pebble Black Mexican Rock 38.00 760.00 4 Boulders Landscape Boulder 175.00 700.00 1 Labor Labor on Job Includews Prepping the area, 5,000.00 5,000.00 debris removal and other fees Subtotal 15,474.50 *****POOL WORK****** 160 Fill Yards of fill 30.00 4,800.00 50 Sand yds. of Sand 27.00 1,350.00 1 Misc. Charge Tiki Hut 10 x 15 8,000.00 8,000.00 1 Labor Labor on Job Includes: Filling in Pool and 7,000.00 7,000.00 saving the deck Thank you for your business. Total $36,624.50 2919 #E, N. :Ylilitary Trail, West Palm Beach, FL 33409 TROPICAL DESIGN OF THE P AIM BEACHES 31 NE 23RD TERRACE POMPANO BEACH, FLORIDA 33962 561 239 9901/FAX954 943 7284 ,~ ~~,~ Estimate Date Estimate # 3/13/2007 2989 Name I Address Ship To Ann Marie Motel 911 S. Federal Hwy. Boynton Beach, FI Craig Pfeifer 410 633-3333ext1 02 if not in office Rep Project Name ,J: F"" Qty Item Description Rate Total 1 Queen Crinum... Crinum Augustum 'Queen Emma' 75.00 75.00 3 Agapanthus Lilly of the Nile 3g 25.00 75.00 114 Juniper 1G Blue Pacific Juniper 1 G 7.00 798.00 81 Gold Mound D... Gold Mound Duranta 3G 13.00 1,053.00 66 Firebush 3G Dwarf Firebush 3G 13.00 858.00 4 Pinwheel Jas... Pinwheel Jasmine 7G 35.00 140.00 2 Lake.Jasm. Std Lakeview Jasmine Standard Tree 15G 110.00 220.00 10 Hawaiian Ti Hawaiian Ti Plant 3G 22.00 220.00 4 Agave Agave lemon lime stripe 38.00 152.00 3 Iris 3G Walking Iris 13.00 39.00 1 Bromeliad Aechmea Bromeliad 75.00 75.00 1 Winin Palm Winin Palm Trip B&B 500.00 500.00 3 Nerogelia Bro... Bromeliad "Perfection" 30.00 90.00 5 Ground Orchids Spathoglottis plicata 1 G 25.00 125.00 1 Agave Spineless Agave 75.00 75.00 16 Simpsons Sto... Simpsons Stopper 3G 13.00 208.00 20 Trinette 3G Trinette 3G 13.00 260.00 12 lcetone Croton Icetone Croton 13.00 156.00 4 Cassia Tree Cassia Senna Tree 400.00 1,600.00 40 Penta Pentas 1G Color: Purple 6.00 240.00 1 Fountain Gras... Fountain Grass #3 13.00 13.00 3 Ground Orchids Spathoglottis plicata 1 G Color: Peach 25.00 75.00 20 Ixora Maui Sunset 3G 13.00 260.00 1 Geiger Tree Orange Geiger Tree 350.00 350.00 Thank you. Total Terms: 500/0 DOWN BALANCE UPON COMPLETION! . ,~ ~\,~ Estimate TROPICAL DESIGN OF THE PALM BEACHES 31 NE 23RD TERRACE POMPANO BEACH, FLORIDA 33962 561 239 9901/FAX954 943 7284 Name I Address Ship To Ann Marie Motel 911 S. Federal Hwy. Boynton Beach, FI Craig Pfeifer 410 633-3333ext102 if not in office Qty Item 150 Mulch M 20 Beach Pebble 4 Boulders 1 Labor 160 50 1 1 Fill Sand Misc. Charge Labor Thank you. Description Cypress Mulch by the bag Black Mexican Rock Landscape Boulder Labor on Job Includews Prepping the area, debris removal and other fees Subtotal --*POOL WORK-*-* Yards of fill yds. of Sand 10' x 15' Custom Tiki Hut Labor on Job Includes: cust holes in pool, remove coping, leaving the deck. backfill the pool with the above mentioned materials. Terms: 500/0 DOWN BALANCE UPON COMPLETION~ Date 3/13/2007 Estimate # 2989 Rep Project Name :ff." Rate 4.00 36.00 165.00 4,800.00 30.00 27.00 7,500.00 7,000.00 Total Total 600.00 720.00 660.00 4,800.00 14,437.00 4,800.00 1,350.00 7,500.00 7,000.00 $35,087.00 2006/2007 COMMERCIAL FACADE IMPROVEMENTS GRANT PROGRAM PROGRAM AGREEMENT Boynton Beach Community Redevelopment Agency PROGRAM REGULATIONS 1. The Applicant agrees not to alter, renovate, or demolish the new fac;ade for three years, commencing at the time final inspection by the CRA is completed. If violated by the applicant, the CRA may choose to require grant fund repayment, enforced by property lien. 2. The CRA will consider approval of grants for exterior improvements to a building which does not face a recognized street. The exterior rear of a building facing an alley way will also be considered. 3. A minimum of three (3) inspections by the CRA are required. Those minimum CRA inspections are (1) before starting work, (2) during work and (3) final inspection. More inspections may be required by the CRA. It is the sole responsibility of the Applicant to schedule inspections with the CRA and City. These inspections in no way are substitutes for required City inspections and compliances. 4. The property owner, or tenant if applicable, must complete the fac;ade improvement project within six (6) months of the grant award. Failure to complete the fac;ade improvements in a timely manner will result in the property owner, or tenant if applicable, losing the grant reimbursement opportunity. The Board may consider time extensions. REIMBURSEMENT REGULATIONS 1. This program is designed as a reimbursement grant. That is, all work must be done and paid for by the Applicant, prior to the CRA's funds being released. The CRA will provide reimbursement to the grantee upon submittal of a complete Reimbursement Request and approval of completion by the CRA Board. L. Reimbursement Request shall be summarized in a report and accompanied by proper documentation. Proper documentation will consist of (1) Project accounting including invoices, receipts or other acceptable evidence of payment from suppliers and licensed contractor(s) that have been marked "paid" with a "release of lien" signed by each. Proposals for "work to be completed" or "bids" are not considered proper documentation. Each item will be supported by a canceled check showing the face of the check, as well as the back of the canceled check, (2) the Applicant shall warrant that all bills related to the Project are paid in full including, but not limited to, all contractors, subcontracts, labor, materials, related fees and permits, and (3) the Application for re-imbursement shall provide a minimum of four 3"x5" color "during" photos and a minimum of four 3"x5" color "after" photos of the Project. Photos should be from approximately the same position as the "before" photos submitted in the Application and the "during" photos. 3. The Reimbursement Request from the Applicant shall be submitted no later than the 15th of the month for consideration by the CRA Board at its next month's meeting. Reimbursement shall be issued fifteen (15) days after approval. 4. Grant funds will be reimbursed exclusively for approved work, approved change orders and only for work that has been performed after the grantee has received notification that the Grant Application has been approved by the CRA. 5. Grantees may not submit fac;ade work improvements for reimbursement which have been used as reimbursement requests in any other grant program offered by the CRA, City, Palm Beach County or the State of Florida. The Fac;ade Grant program will only honor new expenditures that have not been submitted under other grant programs. The Fac;ade Grant program may only be used one time for anyone property; however, property owners may receive grants for multiple property locations. Applicants shall be limited to one grant per CRA budget year (October 1 st to September 30th). 6. Grantees shall grant the CRA and/or the City of Boynton Beach the rights and use of photos and project application mate~.ial~. _'-_"_ _ "- '\. ,. ." '.. /): r-Z-V---; "./ \ '/M~'l..Ci{/L-/- ~;.- l j- (i' ~ (1/ ..,..-2,\ .--~> Witness! (Date) Property Owner-- ;I .~ ( "( \ ) ~ , (Date) 'Witness (Date) Tenant/Business Owner (Date) CRA Director (Date) 2 '"- tIILJ.. ~t . ~'".. j/ &,~~,.... ojj'- r ~ :lit' , . t.. ., . .".' I. \ ':i '. ~ . .n .,. '0 'i"/.l\ :. '1It ):.~ ~.~ ,.' , ai' " . . .:' '. " ~ ! ,-<e, 'Itt"~""'_.'.~"".' .' . 'i'~ ~"'~'rt '_" ..: ,)'~, -,i, ,~, ,~' '~~.. \" .,',' , . I'.'il,.'t"ft;." , 11,~Ir... ~ t1:: :. "..,...,...........c .,..'*" ~, Ir1f:m ., 1111 Iff'lf" 1m 11IPTlIIIlf If "1!i )' '. 1". r'r' T 11 fr" '~~r 'j':::i l' " '11[" . , . I - 1. ~ .1 I r -.............................................................r . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ................................................................ . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . V. CONSENT AGENDA: K. APPROVAL OF Marina Leases - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~~~<!Y~T8~ eRA ill East Side-West S.,de-Seaside RenaISsance BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: APRIL 10, 2007 AGENDA ITEM: x I Consent Agenda Old Business New Business Public Hearing Other SUBJECT: MARINA LEASES SUMMARY: Marina leases for the second floor of the Dive Shop building to Leo Sand, and slip lease to Splashdown Divers. FISCAL IMPACT: No changes to revenues, as both parties are paying the same rent they paid prior to the leases. The Agency is simply formalizing the rental arrangements. RECOMMENDATIONS: N/A ROBERT T. REARDON, ASSIST. DIRECTOR T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by MeetinglFY 2006-2007 Board Meetings\0704 10 CRA Board meeting - April\Monthly Financial report. doc ~r RegistratlOn and Folio No. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY DOCKAGE AGREEMENT Phone: (561) 737-3256 915 S. Federal Highway Boynton Beach, FL 33435 EffectiVE' Date: April 1. 2007 Expiration Date: March 31. 2008 (*if left blank, the expiration date shall be the next September 30 after the effective date, the end of the CRA fiscal year.) Agreement between Boynton Beach, Community Redevelopment Agency, herein called "CRA," and the undersigned boat and/or owner, herem called, "Owner" (Print all informatlOn) OWI\'ER'S ~A.l\1E :Splashdown Diver's, Inc. Street 700 Casa Lorna Blvd. City: Boynton Beach Boat Name: Delta's Splash Make: Delta Year: 1989 RegIstration No. ON. 946317 1\ State: FL Zip: 33435 O.A. Length: 45' Beam: IT Draft J' Length of yacht is overall and includes pulpits, bowsprits and dinghies hanging astern Power: L Sail no hSli~. , Rate $500/month Electrici~ ill Phone: No S - -0 "'S "II AOp.c.tl\t,.o &"Sitl1\ E1\d -t Di"fshClA - c:.e A-""\\A{~"""1) /VA, 1. The term of this Dockage Agreement (Agreement) shall be until March 31, 2008. Owner shall have the optlOn to renew this Agreement for an additlOnal one year term. Any such renewal shall be subject to adjustments to the terms of this Agreement to conform with the then current Dockage Agreement in use by CRA and subject to a renegotiation of the dock rental to the then current market rate. The optIOn to renew shall be terminable by the CRA for fuilure of Owner to abide by the Rules and Regulations and the terms of this Agreement III CRA's discretion. 2_ The rental for the current term shall be the sum of Five Hundred Thirty Two Dollars and Fifty Cents ($532.50) per month, including sales tax. The first month rental shall be prorated. Each subsequent rent payment shall be due on the first day of the month and past due on the tenth day of the month, There shall be a five percent late payment penalty due on all rent payments received after the past due date. 3 CRA agrees to provide electncity and water. 4_ CRA shall have a lien against the above described boat, her appurtenances and contents, for unpaid sums due for use of dock facilities or other services, or for damage caused or cont.ributed to by above described boat, Owner or any individual Owner allows to use the boat to any docks or property of CRA or any other person at the docks in addition to all other remedies available at law or in equity. 5. ThiS Agreement is for the use of dock space only, and such space is to be used at the sole risk of Owner. CRA shall not be liable for the care or protectIOn of the boat <including gear, equipment and contents) or for any loss or damage of whatever kind or nature to the boat, her contents, gear or equipment. howsoever occasioned. 6. This Agreement. is valid only for the above vessel and owner, and is not transferable. ThIs Agreement grants the Owner a revocable license to use the subject dock space and does not create a lease in favor of the Owner or any interest in the underlying bottom lands or real property connected with the CRA. 7. Tlus Agreement shall be in effect until the end of the term unless sooner terminated in accordance with the following conditions: a. By destruction of the dockage facilities by storm, Act of God or other calamity. b. In the event Owner makes a bona fide sale of the boat and obtains a boat larger than can be safely berthed at the subject dockage. c. By breach or default as provided in paragraph 8 below. 8. Owner agrees to comply with all posted rules and regulations on the reverse side, as amended from time to time in the CRA's sole discretion, as fully as though they were set forth herein, and should breach of this Agreement or violation of posted rules and regulations occur, this rental agreement shall terminate immediately and CRA may remove the boat from her mooring space at the Owner's nsk and expense and retake possession of the mooring space. 9. Waiver of any conditions by CRA shall not be deemed to be a continuing waiver 10. Weather conditions: In the event weather or tidal conditions exist during the term of this Agreement that would either place the Owner's vessel in danger of incurring damage to itself or Owner's vessel causing damage to the CRA's property or other vessels within the dockage facilities, it shall be the Owner's respolL9ibility to remove his vessel from the CRA's property and dockage facility. Any damage caused by Owner's vessel to the CRA's property, dockage facilities, Owner's vessel or other vessels within the CRA's property and dockage facilities shall be the sole responsibility of the OWner. The Owner, by executing this Agreement, expressly agrees that he shall be solely responsible for maintainmg a weather watch to ascertain when such threatening weather conditions may Occur ill order to allow adequate time for the Owner to remove lus vessel from the CRA's property and dockage facility as required above. The Owner expressly acknowledges that the eRA does not assume any obligation to contact the Owner with respect to impending weather conditions. The undersigned hereby mforms you, as required by Florida Statute Section 327.59, that in the event you fail to remove your vessel from the marina promptly (time frame to be determined between the marina owner or operator and the vessel owner) after the issuance of a tropical storm or hurricane watch for southeast Florida including Palm Beach County, the undersIgned or his or her employees or agents are authorized to remove your vessel, if reasonable, from its slip or take any and all other reasonable actions deemed appropriate by the undersigned or hIS or her employees or agents in order to better secure your vessel and to protect marina property, private property, and the environment. You are further notified that you may be charged a reasonable fee for any such action. Notwithstanding the foregomg, it shall remain the Owner's responsibility for all damage caused by hIS vessel to the CRA dockage facilities or other vessels. The CRA. expressly reserves the nght, but not the responsibility, to establish minimum requirements for the kinds of cleats, ropes, fenders and other measures that must be used on vessels as a condition of the use of the dockage facilitles. In the event the CRA establishes such minimum measures, it shall be the vessel owner's obligation and liability to assure himself that such minimum requirements are adequate to protect the owner's vessel from damage ] 1 CRA represents and Owner hereby confirms his understandlllg and agreement that there is no telephone service to the facility. Telephone service to their vessels must. be by cellular phone. No privat.e telephone systems may be inst.alled wIt.hin t.he dockage facilities wIt.hout t.he prior wntten consent of CRA. 12. The CRA. reserves the right. t.o reassign the Owner to a different. slip in t.he event. the CRA deems it necessary, in their sole discretion. 13. No other vessel may be placed in the water along with the Owner's vessel which is the subject of this Agreement without the pnor writ.ten consent of CRA. Should Owner have a dingy or other similar boat on board the approved vessel, when the dingy IS not aboard the approved vessel, it must. be contained wlthlll t.he slip. 14. The Owner expressly acknowledges that the CRA assumes no responsibility for the caretaking or security of t.he Owner's vessel and the Owner shall be solely responsible for obtaining independent. caretaking services with respect to his vessel. 15. The Owner hereby agrees t.o, at. all times during the t.erm of this Agreement, maintam insurance providing complete marine coverage for the Owner's vessel and public comprehensive liability IDsurance with limit.s not less than $300,000.00 for individual incidents and $1,000,000.00 aggregate wIth the eRA being named as an additional insured. The Owner agrees to provide t.he eRA a certilicate of such insurance prior to commencing the occupancy of the dock facilitIes. 16. The Owner agrees to indemnifY, save, and hold the CRA harmless for any and all liabilitIes, claims, damages, or losses asserted or claimed against t.he CRA arising out of the Owner's use of the CRA's dockage facilities or CRA propert.y pursuant to this Dockage Agreement, as well as from any and all acts of Owner, his guests. invit.ees, or agents. The Owner's obligation for such llldemmfication shall mclude all reasonable defense costs lllcluding attorneys fees at. t.he appellate level. 17. This Agreement supersedes any and all ot.her agreement.s, oral or in writing, between t.he partIes hereto WIth respect t.o the subject matter hereof and cont.ains all of the covenants and agreement.s between t.he parties with respect t.o such relat.ion ill any manner whatsoever. 18. No change, amendment, modification or alteration of this Agreement shall be binding upon either party unless It. IS m wnting and signed by both parties except for changes t.o rules and regulatIOns as deemed necessary and appropriat.e by the CRA. 19. If any action at law or in eqUIty is necessary t.o enforce or interpret tbe terms of t.his Agreement, the prevailing party shall be entit.led to reasonable attorney fees, expenses, costs of appeal and necessary disbursement.s in addition t.o any other relief to whIcb it may be entitled. 20. It. IS mutually understood t.hat. the agreements and covenants contained herem are severable and in the event any of them shall be held to be invalid, thIs Agreement shall be interpreted as if such invalid agreements or covenants were not contained herein. Owner. Splashdown DIvers, Inc. . U (). ',.-..--__ Agent LZy nA.SIIDIDons SIgnature ~ ~ Date. :J _~"'/()I / BOY~~., NBEACH COMM~TY.lED~._VELOPMENT AGENCY B ._-.." - I '/)/7 (. . + y. , ''-. ~'- I PrintN~me: L l<;A A \3 ~\~-\\" Its: ~~rcu-n\Je D\{:2__ Date ?, -2.-b - O~ RULES AND REGULATIONS GOVERNING DOCKAGE In an effort to proVlde an inviting atmosphere for boat owners docking at the CRA docks, the following rules and regulations are proVlded for your protection. Your cooperation in observing the following rules will be appreciated. 1 When a boat enters the basin, it immediately comes under the jurisdiction of the eRA. 2. Only pleasure, charter or dive boats in good condition, and under therr own power, shall be admitted to berthlllg areas. 3 Pets shall be leashed within the confines of the CRA property. Pets permitted only if they do not disturb other lessees and guests. 4 Refuse shall not be thrown overboard. Garbage shall be deposited in cans supplied for that purpose. Notify dock attendant for anything that will not fit in these cans, he will dispose of same. No person shall discharge oil, spirits, solvents, mflammable liquid or oily bilges into the basin or on the property of the CRA. In the event of any accidental spills of oil, spints, solvents, flammable liquids, fuel products or other toxic substances or waste, the Owner shall immediately notify the Dockmaster of the existence of such condition. 5. Sewage shall be disposed of appropriately and 1ll conformance with all pertment health codes and state statutes. 6. Noise shall be kept to a minimum at all times. Patrons shall use discretion 1ll operatlllg engmes, generators, radios and television sets, so as not to create a nuisance or disturbance. 7. Advertising or soliciting shall not be permItted on any boat within the CRA baslll, or by any workman, guest, or invitees of the Owner within the CR..\ basin or on the CRA properties, except with written permIssion of the dockmaster. This section shall not apply to the advertisement on the hull of the boat for Splashdown Divers existing upon commencement of this lease. 8. Swimming, diving, or fishing shall not be permitted from the docks or finger piers or boats. 9 Boat owners shall not store supplies, materials, accessories or debris on walkway, and shall not construct thereon any lockers, chests, cabinets, or similar structures, except with written approval of the Dockmaster. Painting, scraping, or repairing of gear shall not be permitted on the docks or finger piers. Extent of repairs and maintenance shall be at the discretion of management. 10. Laundry shall not be hung on boats, docks or finger pIers in the basin, nor shall "for sale" signs be put on boats. J1. The eRA reserves the right t.o limit and govern parking space in the CRA parking area. 12. Violation of the above rules and regulations, disorder, or indecorous conduct by any patron, or his crew or guests, that might injure a person, cause damage to property or harm the reputatIOn of the CRA shall be cause for immediate removal from the basin of the boat 1ll questIOn. BOYNTON BEACH CRA MARINA PARTIAL VIEW OF BOAT SLIP LOCATIONS 9 8 7 6 5 4 EAST 3 2 1 S 0 P I L WATER V A E S H S H 0 0 0 p W N H A M M E R WEST SEA MIST JET SKI's CASA LOM,.Il., 3564 South Military Trail Lake Worth Fl33463 Phone (561 )965-2200 Fax (561 )965-2377 DATE (MMIDDIYY) 03,26:07 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONl Y AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTERTHECOVERAGEAFFQRDEQ BYTHEPQLICIES BELOW. , INSURERS AFFORDING C<?VERAGE NAtC # , INSURER A !WELLINGTON SPECIALITY INS. - - -- - A CORD _.______... TM CERTIFICATE OF LIABILITY INSURANCE PRODUCER Federal Insurance, Inc SURED IINSURER B i INSlJYER C. , iNSURER D INSURER E I '____m'_..~"~_ --1-- COVERAGES INSURER F , _______ _____ ...._ .. .m.. _._...___.__,______________n __._n___ ____ . __ _ _ ,un__ __. ..__._-1 1-- THE POLICIES OF INSURANCE LISTED HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REOUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERT AIN THE iNSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDIlIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSRi-ADO'L 1- --- --- ----, ---------, POLICY EFFECTIVE POLICY EXPIRATION LTR 11NSRO: GE~ER:c~I~:I~~~URANCE _ POLICY NUMBER OATEJMMlDOi)'Yl_ OATE_tM~/ODIY"y) Iv' COMMERCIAL GENERAL LIABILITY 07-0136 02/08/07 02/08/08 I A I rv'i I ! , m__~ ~--1 j CLAIMS MADE I~ OCCUR LIMITS EACH OCCURRENCE DAMAGE.TORENT ED l'RE~ISESJE<l DCCLJrenceJ MED EXP (Anyone person) PERSONAL & ADV INJURY -- r r I --1 I GENERAL AGGREGAT E I PRODUcTs - COMP/OP AGG-r I I COMBINED SINGLE LIMiT -1-- (E~_a.::~~dent) __~_~+--_____ BODILY INJURY (Per flerson) "'1,.002,900 I 1,000,000 . --- . ~-_._- 5,000 1,000,000 2,000,000 - __ - __ ________n___ 1,000,000 I IB I Ii U i I i GEN'L AGGREGATE LIMIT APPLIES PER I [,,(1 POLICY I PROJECT 1 LOC t~UT()MOBILE LIABILITY :[-1 ANY AUTO I 'II J ALL OWNED AUTOS I I I SCHEDULED AUTOS 1- HIRED AU~OS I I NON OWNED AUTOS BODILY INJURY (Per accldenl) PROPERTY DAMAGE (Per aCCident) , i--- AUTO ONL Y , EA ACCIDENT i _ ANY AUTO OTHER THAN AUTO ONLY _EA ACC AGG EACH OCCURRENCE I , I I ! ,I 1 - T I l-orHI ER, EXCESS LIABILITY OCCUR CLAIMS MADE AGGREGATE D [J DEDUCTIBLE I RET ENTtON WORKERS COMPENSATION AND . n[ I, WC STATU EMPLOYERS'L1ABILlTY TORY LIMITS E ANY PROPRIETOR / PARTNER! EXECUTIVE I [ L. EACH ACCIDENT , OFFICER / MEMBER EXCLUDED? E L DISEASE, EA E~lPLOYEE I :;~'~:'~';:;-::;?~~SJ"OW " ""AS'. "" n UM" ~~THER __~___~n_____ ~___~L~ _____ ___________ a_~n DESCRIPTION OF OPERATIONS I LOCATIONS' VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Boynton Beach CRA is listed as additional insured as respect to general liability insurance -------J CERTIFICATE HOLDER CANCELLATION BOYNTON BEACH CRA 915 S FEDERAL HWY BOYNTON BEACH, FLORIDA 33435 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. --.._-- -------- ---- --..- - ------ AUTHORIZED REPRESENTATIVE FEDERAL INSURANCE I ~CORD 25 (2001/08) @ACORDCORPORATION 1988 COl\1MERCIAL LEASE AGREEIVIENT ,.{.. i. I .-/ ~<- n Tl-jIS LEASE AGREEMENT IS made and entere( Illto t 11S '7"'"~) -""liay of L~./~..f1er-__, 2006, by and between the Boynton Beach Commulllty~R-~~~'elop-ment Agency, a public agency created pursuant to Chapter 163, Part IlL of the Flonda Statutes, (hereInafter referred to as "Landlord"), and Leo Sand of DIve Charters InternatIOnal, Inc. (hereInafter referred to as "Tenant") for the propel1y located at 700 Casa Loma Boulevard, Second Floor, Boynton Beach, Florida 33435, and two boat slips in the adjacent manna. ARTICLE I - GRA:"IT OF LEASE Landlord, In consideratIon of Seven Hundred Dollars (570000) per month (receIpt of v"hlch IS hereby acknowledged) and the covenants and agreements to be performed and observed by the Tenant, does hereby lease to the Tenant and the Tenant does hereby lease and take from the Landlord the property located at 700 Casa Lama Boulevard, Second Floor, Boynton Beach, Florida 33435 (the "Leased Premises"), together \",lth, as pm1 of the parcel, all Improvements located thereon; and Landlord, 111 considcration of FIve Hundrcd Dollars (5500.00) per month (receipt of \vhich IS hereby acknowledged) and the covenants and agreements to bc performed and observed by the Tenant, docs hereby lease to the Tenant and the Tenant does hereby lease and take from the Landlord Slip # I 0 III the manna adjacent to 700 Casa Loma Boulevard (Included withIn the definItIon of the Leased Premises), together WIth, as part of SlIp #10, all imprO\cments located thcrcon: and Landlord, In consideratIon of Flvc Hundrcd Dollars ($500.00) pcr month (receIpt of which is hereby acknowledged) and thc covenants and agrecments to bc performed and obsened by the Tenant, docs hereby lease to the Tenant and the Tenant does hereby lease and take from the Landlord Slip # 11 Il1 the manna adjacent to 700 Casa Loma Boule\ard (Included \vlthll1 the definitIOn of the Leased Premises). together WIth, as part of SlIp # 1 1, all Improvements located thereon. ARTICLE II - PURPOSE OF AGREEMENT AJ\D DEPOSIT WAIVED It is aeknc)\vledged by the parties hereto that \\hen I andlord purchased the buildll1g located at '700 Casa Loma Boulevard, there was no written lease in place between the previous owner of the budding and Tenant. Therefore, Landlord deSires at this tllne to solidIfy and clarify the Landlord/Tenant relationship by entering into tillS CommercIal Lease Agreement. Due to the longstanding history of Tenant at the Leased Premises, Landlord is not reqUIring a depOSIt 111 the fonn of first-l11onth's rent or a security deposit. If Landlord belteves a depOSIt IS reqUIred for any lease term renewals, Landlord shall have the optIon to require same. ARTICLE III - LEASE TERM The term of this Lease shall begll1 on October 1, 2006, and shall tcrmll1ate 011 September 30, 2007. Tenant shall have the option of reneWlT1g for one-year terms WIth the consent of Landlord so long as Tenant notIfies Landlord 111 \vnt1l1g at least 60 days prior to the expmHlon of the term. Landlord reserves the nght to not extend the term of tlm Agreement wIth Tenant ARTICLE IV - RENT Landlord hereby acknowledges receIpt of One Thousand Seven Hundred Dollars ($ 1700.00) Dollars as payment in full for the first month of the lease, which includes the Leased Premises and Boat Slips # I 0 and # 11. Rent pa yment shall be due and payable to Landlord and checks shall be made out to the "Boynton Beach Community Redevelopment Agency" and delivered to Landlord on the tenth of each month thereafter. unless the tenth falls on a Saturday or Sunday or holiday, and in that event, rent would be due the next bus1l1ess day ImmedIately following. Rent payment shall be maIled, delivered by overnight delivery, wIred or hand delinred to Landlord at the address set forth below. A late fee of S I 00 shall be applied to any rent payments vvhlch arc five (5) business days late or more. Landlord reserves the nght to increase the rent payment at the end of the initIal and subsequent terms. ARTICLE V - IMPROVEl\1E:'-lTS Tenant may not make impro\ements to the Leased PremIses WIthout the wntten consent of Landlord. ARTICLE VI - LTlUTIES Tenant shall pay for all electriclty, lIght, heat. gas, power, fuel. .1i1llltorJal, 1I1ternet and other services incIdent to Tenant's use of the Leased Premises, whether or not the cost thereof IS a charge or ImpOSItion against the Leased Prel1llSes. ARTICLE VII - OBLIGATIONS FOR REPAIRS Landlord shall make any and all necessary rejlalrs, the value of whIch exceeds Se\ enty-I'lvc Dollars ($7500), to any portIon of the Leased PremIses upon written notIce from Tenant and upon determination by Landlord that the repaIrs at Issue arc necessary. ARTICLE VIII - TEJ\'ANT'S COVENANTS Tenant covenants and agrees as follows: a. To procure any lIcenses and permlts required for any LIse made of the Leased Premises by Tenant, and upon the expiratIon or tell11ination of thIS Lease, to remove Its goods and effects and those of all persons c]almlllg under It, and to Y'Jeld up peaceably to Landlord the Leased Premises in good order, repaJf and conditIon 111 all respects; except1l1g only structural repaIrS (unless Tcnant is obligated to make such repaIrs hereunder) and re:lsonable wear and teaT: b. To pCrImt Landlord and Its agents to exam1l1e the Leased Premises at reasonable tllnes and to prOVide Landlord, If not already avaIlable, with a set of keys for the ') purpose of saId examinatIon, provIded that Landlord shall not thereby unreasonably lI1terfcrc with the conduct of Tenant's business: c. To mall1taIn the Leased premises In safe conditIon and repaIr and at Its sole cost and expense, correct or remove any matter that would violate applicable la\\ or constitute a dangerous or objectionable conciJtlon. d. To not sell food on the Leased PremIses. e. To not use compressors to fi II air tanks on the Leased Preml ses. T enan t covenants that all sLlch aIr tanks are to be filled off of the Leased Premises. f A vJOlation of any of these covenants may constItute a default by Tenant as determined by Landlord. ARTICLE IX - INDEMNITY BY TE:\fANT Tenant shall save Landlord hannless and indemnify Landlord from all injUry, loss, claIms, actions or damage to any person or property whIle on the Leased Premises and any related expense, including attorney's fees, unless caused by the \vdlful acts or 011llSSl0ns or gross negligence of Landlord, Its employees, agents. licensees or contractors. Tenant shall malnla1l1, with respect to the Leased Premises, comprehensive general liability 1I1surance with lllnits of not less than one mIllion dollars for Injury or death from one accident and 5\500,00000 property damage insurance, Insuring Landlord and Tenant against Injury to persons or damage to property on or about the Leased PremIses. A copy of the polICY or a certificate of Insurance shall be delivered to Landlord on or before the commencement date and no such policy shall be cancelable WIthout ten (10) days pnor wntten notice to Landlord. ARTICLE X- llSE OF PROPERTY BY TENANT The Leased PremIses may be occupied and used by Tenant exclusl\'Cly as a dive charter school and those uses 1I1cidental thereto. Nothlllg herem shall gIve Tenant the nght to use the propcI1y for any other purpose or to sublease, assign, or lIcense the use of the property to any sub-tenant, assignee. or lIcensee. which or who shall use the property for any other llse. ARTICLE XI - DEFAULT In the event that Tenant shall be in default of thIS Lease, Landlord may pursuc all remedlcs avaIlable at law or eqUIty. In the cvent of default by Landlord, Tenant may termll1ate thiS Lease or seek specific performance or pursue all remedIes avaIlable at I3w or equIty. ARTICLE XII - HAZARDOUS MA TERIALS , Any activIties m any way lI1\'olvlIlg hazardous materIals or substances of any kll1d whatsoever, eIther as those terms may be defined undcr any state or federal laws or regulatIons, or as those terms are understood m common usage, are specifically prohibited. The use of petroleum products, pollutants, and other hazardous materials on the property IS prohlblted. Tenant shall be held responsIble for the perfoll11ance of and payment for any environmental remediation that may be necessary, as determllled by the Landlord, \\Ithlll the property. If any contamll1ation either spread to or \\as released onto adjolllll1g property as a result of Tenant's use of the propel1y, the Tenant shall be held slmIlarly responSIble. The Tenant shall mdcmmfy, defend, and hold hall11less the Landlord from any claim, loss, damage, costs, charge. or expense aflsll1g out of any such contammatlon. ARTICLE XIII - 'lISCELLA:\'EOUS Section t. Quiet Enjoyment Landlord covenants and agrees that upon Tenant obsen'ing and perfoflmng all of the terms, covenants and conditions on Tenant's part to be observed and perfoll11ed hereunder, that Tenant may peaceably and quietI)' have, hold, occupy and enJoy the Leased PremIses in accordance WIth the terms of thiS Lease WIthout hindrance or interference from Landlord or any persons lavifully clal1mng through Landlord. Section 2. Holding Over. In the event thdt Tenant ur anyone claiml11g under Tenant shed] contInue occupancy of the Leased PremIses ane!" the eXpiratIon of the terl11 of thiS Lease or any ren C\\.' a 1 or extension thereof Without any agreement m wTltmg between Landlord and Tenant With respect thereto, such occupancy shall not be deemed to extend or renew the tellll of the Lease, but such occupancy shall continue as a tenancy at will, from month to month, upon the covenants, prOVisions and conditions herem contaJt1cd. In such case, the rental shall double the rental amount 111 ('ffect dunng the term of thiS Lea:,e as extended or rencwed. prorated Jnd payable for tlle period of such occupancy. Section 3. \Vaivers. FaIlure (,f either party to compl;nn of ::In\' act or omiSSIon on the part of the other party. no matter how long the same may contlllue, shall not be deemed to be a waiver by saId pal1y of any of its rights hereunder. No \\alver by either party at any time, express or implIed, of any breach of any pro\']Slon of this Lease shall be deemed a waner ofa breach of any other pro\]s]on of this Lease or a consent to any subsequent breach of the same or any other prOVISion Section 4. Notices. All notices and other communicatIons authOrized or requned hereunder shall be III wlltmg dnd shall be given b:- ITldtlmg Lhe samc by eeliifted mad, return receipt requested, postage prepaid, and any such notIce or other commUl11Catlon shall be deemed to have been given \\."hen received by the party to whom SLlch notIce or other commUI1lCatlon shall be addressed. If sent to the CRA, notices shall be addressed to L]sa Bnght, ExecutIve DIrector Boynton Beach CRA 915 South Federal Illghway 4 Boynton Beach, Flonda 33435 BnghtL@ci.boynton-beach.f1 us \V Ith a copy to: Kenneth G. Splllias, Esquire LewIs, Longman & Walker, P.A. 1700 Palm Beach Lakes Boulevard, SUIte 1 000 West Palm Beach, FL 3340 I kspillias@llw-law.com If sent to the Landlord notices shall be sent to Leo Sand Dive Charters International. Inc 5323 Canal Drive Lake Worth, Florida 33463 Section 5. Assignment. Tenant shall not aSSIgn thIS Lease WIthout first obtaining the wntten consent of thc Landlord. Section 6. Invalidity of Particular P,"ovision. If (my term or prOVIsIon of thIs Lease or the application hereof to any person or Clrcumstance shall, to any extent, be held ll1\'alid or unenforceable, the remainder of thIs Lease, or the applIcatIon of such term or prOVISion to persons or CIrcumstances other than those as to which it IS held lllvalld or unenforceable, shall not be affected thereby, and each term and prO\ iSlon of thIs Lease shall be valid and be enforced to the fullest extent permItted by law Section 7. Captions and Definitions of Parties. The captIons of the SectIons of thIS Lease are for convel11ence only and are not a part of thIS Lease and do not In any way lImit or amplify the terms and provIsions of thIs Lease. The word "Landlord" and the pronouns refelTlng thereto, shall mean, vvhere the context so admIts or requIres. the persons, fim1 or corporatIon named herem as Landlord or the mOI1gagee 1n possession at allY tIl11e, of the land and bUJldJl1g compns111g the Leased PremIses. Any pronoun shall be read Il1 the s1l1gular or plural and 111 such gender as the contcxt may requlJc. Except a:-, in thIS Lease othCI\VISe proV'lded, the terms and provisions of thIS Lease shall be binding upon and Inure to the benefit of the par11es hereto and their respcctIve successors and assIgns. Nothing conta1l1ed herem shall be deemed or construed by the partlcs hereto nor by an\' third party as creat1l1g the relatIOnshIp of prInCIpal and agent or of partnershIp or of a Jomt venture between the par11es hereto, it being understood and agreed that neIther any prOV'ISlOn contained herem, nor any acts of the partIes hereto, shall be deemed to create any relatIOnship betv\cen the partles hereto other than the relatlOnsh1p of Landlord and Tenant .:; I '. .. \ Section 8, Brokerage. :--Jo party has acted as, by. or through a broker 111 the effectuatIon of thIS Agreement. Section 9. Entire Agreement. ThIS 1I1strument eonta1l1s the entire and only agreement between the parties, and no oral statements or representations or prIor wntten matter not contaIned in thIS instrument shall have any force and effect. Th1s Lease shall not be modIfied in any way except by a writing executed by both part1es. Section 10. 'Vaste, Tenant shall occupy the leased premises 111 a careful and proper manner and not commIt any waste thereon. Section 11. Governing Law. All matters pel1a1l1111g to this Lease (1I1cluding Its 1I1terpretatlOn, applIcation, validity, perfonnance and breach) In whatever Jtmsdlction actIon may be brought shall be governed by, construed and enforced in accordance WIth the laws of the State of F1onda. The partIes herein v.aive tnaJ by jury and agree to submIt to the personal junsdlction and vcnue of a court of subject matter junsdlctlOn located in Palm Beach County, State of Flonda In the event that lItigatIon results from or anses out of this Lease or the performance thereof, the parties agree to reimburse the prevailing party's reasonable attorney's fees, coul1 costs, and all other expenses, whether or not taxable by the cou11 as costs, IncludIng appellate fees and costs, 111 additIon to any other relief to \vhlch the prcvaIllllg pal1y may be entItled. [n such event, no actIon shall be entertamcd by saId court or any court of competent JUrISdIctIon If filed more th;]n one year subsequent to the date the cause(s) of actlOn actually accrued regardless of whether damages were otherwise as of said time calculable. IN WITNESS WHEREOF, the parties hereto have executed thIS Lease the day and )Tar first above written or have caused thIS Lease to be executed by their respectIve officers thereunto duly authOrized. SIgned, scaled and delivered 111 the p:~sence of. WITNESSES; ,,/ L\\'DLORD: / / ,// / -- J-I be.Ci~---,- 'by Pl~j} \ / I BOYNTON BEACH CRA / _..,...-~- / / Bv JJ J / - J j} j - ~./~-- ---.----' u ;;RaGen ~ ~arcfon Printed ;\311le \\Tf:\'ESSES: ''. ./. ",'/ .o')/ -..Z,Ii//(t-:':yg>C>';' /// '.~// " r \, /' , -/-1~ , / d 7 \t ,i ., , //)/.- / . r- /i'rin;~ti[.,~~ /"... ij't.' i /~allc?j;J _.. C [~/4~ll l/ 'Fz;/(j ---,---,.-"-+~-,-----~---~ -.-- Printed Name DJtc Executed I tJ ~ fa(, -----f--~-I-t ______nn___ TENA:\'T: TE!\'A'JT . .."., '~.:;:'"""":;- "~/ -~~.-'::,,28Z~ ~ ----<--- Bt_>-,<~~~?,-, ,.:. ---2___ .__ ;J;/t~'i~...-:-- ;' '..- n_ ------- ,_e~ , " -~ ",-........._.."............_.....,_._---~--~. Dale Executed / // / c;' (;u/e '4" - - -,L-----;'--- - 1 \Clll'i11 DnlIIIT!lIIIS,f3()\ll(():l FkacJl CR!\'?41!j-Ol\) \.11~C/'..g1Tclnc:li,'1 c.:<;,c /\gl\..'Cll~L'll! fo: i)l\c ('lleI:te!"" lIlICll'dll()I-,:i1 cl(h I ;~~:*""4<.h..:;;~'tf"""',""""-i!.iiiIii,~,;<.it."""ti'-;'''"'"'~:W'''''>';;-<llw...~","",j'''';",,,,"~-''''''~-'~'"'1f.,-",w.;"""~":li~.-~r"",~-",...-...",~~-"",,,~.&.,,;i;..~;.:-.a~MJ.ii,~~it~~'<i.i.",~~f.&i;i~'~-"~f-"''''~''i~,~j;~;''''''..li;j>>i~.~~~.d1t'-''f.'f'~i;ii~~M.;~t-J;,;,{,k1'\ -..............................................................r . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . V. CONSENT AGENDA: L. REQUESTS FOR PROPOSALS FOR VACANT LAND DESCRIBED AS CHERRY HILLS, BOYNTON LOTS 390 & 391 PULLED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ................................................................ ..ji:i~. 'T"~""'""''''''''''''. ~'Qc'li; ~.""''''_.. ,u".,._' _._. .'."".............."""'.- --"'v"""",~..tr"~.Mt-~'"'~~"'-".' ._~'" '-"".,._.'.l.,_",",,_ ,.:i;;o>_...i.<;Ji; 0,. j"~.~;.~""'-t?-'''''......~"""~.....~,,,,.'.,*-<,,-"-<'~'' - ,j.._,.......~iiJ.!.1Z"~"'"R;:.~~~...0,;.~~:~~ _..............................................................r . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . q............................................................... . . . . . . . . . . . . . . . ,. . . . .. . . ,. '. . . . . . . ,. . V. CONSENT AGENDA: M. CORNERSTONE REQUEST FOR THE PRESERVE - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... ~J~qY~T8~ eRA _ East Side-West Side-Seaside RenaISsance BOYNTON BEACH eRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: April 10, 2007 AGENDA ITEM: I X I Consent Agenda Old Business New Business Public Hearing Other SUBJECT: Request by Cornerstone Group for additional incentive for the Preserve SUMMARY: Due to the popularity of the workforce housing program created by the partnership of the CRA and The Cornerstone Group, Leon Wolfe, President of Cornerstone Group is requesting to create another 50 workforce units in exchange for increasing the Direct Incentive Agreement TIF funds from 50% to 75%. The developer has also requested that the most popular model be increased in price from $239,990 to $249,000 to cover interest and broker costs and that the Homebuyers Assistance Program maximum funding amount be increased from $50,000 to $60,000. FISCAL IMPACT: As the DIF A is now written, the developer receives 75% of the TIF in years 1 - 5 and 25% of the TIF in years 6 - 10. The developer's total estimated TIF allocation under the existing DIFA is $2,779,898. If the developers request is approved, and the TIF allocation goes to 75% in all years, the estimated TIF allocation is $4,169,847 a difference of$1,389,949. The amount of funding required for the Homebuyers Assistance Program (CRA down payment assistance) for the additional 50 units is $3M. RECOMMENDA TIONS: Staff does not recommend approving The Cornerstone Groups requests for additional TIF, price increase and additional down payment assistance for the following reasons: . Increasing the TIF would reduce the amount of CRA funds available for additional projects throughout the district. . The additional $3M for down payment assistance would preclude the CRA from providing down payment assistance in any other project until fiscal year 2008-2009. . Staff feels that the concentration of low-to-moderate income residents would be too high with 100 of the 180 units being designated as affordable (56%). . Increasing the purchase price increases the need for more buyer subsidy. T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board Meetings\0704 10 CRA Board meeting - April\Cornerstone request for add. tif.doc 1~~qY~Te~lc RA iIi East Side-West S.,de- Sea"de Renaissance BOYNTON BEACH eRA AGENDA ITEM STAFF REPORT For the above stated reasons, staff recommends denial of the Cornerstone Groups request for additional incentives. ~o{JJfd eRA Planning Director T\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board Meetings\07 0410 CRA Board meeting - April\Cornerstone request for add. tifdoc r. .'Y:i" " ~y , '. (C 0 J[ U\EI~t~'iIT) r\J!L~ (i llC) l ; F!l April 2, 2007 VJA EMAIL: brightl@ci.boynton-beach.fl.us Lisa Bright, Executive Director of the eRA City of Boynton Beach 915 South Federal Highway Boynton Beach, FL 33435 RE: The Preserve at Boynton Beach Dear Lisa: As I mentioned to you previously, I believe our program with the CRA has been extremely successful. Since we rolled out the program after CRA approval in December 2006, we have placed over 30 units under contract and have deposits on an additional 10 to 15 units which we hope to convert to contracts over the next few weeks. We should reach the 50 allocated units in a month or so, at which time we will have to stop the program until all of the contracts have closed. Because of the lengthy construction lead time, that could be a year or more from now. I have sent to you previously some of the' mailers which we have mailed out to about 30,000 households which have helped us create this excitement. We have recently begun our closings on the first three buildings, and we have encountered a few issues that will take some time to resolve. For example, both Palm Beach County and, the City of Boynton Beach have expended all of their subsidy funds for moderate buyers (families of two earning more than only $41,200 annually). We have been working with Palm Beach County to make available moderate funds which will allow some of those units to close. Also, we have had some issues with our construction lender due to the very small deposits (and correspondingly large risk) we are taking to build a $250,000 home. Finally, because many of our buyers have less than excellent credit, we have to address many mortgage underwriting concerns at the last moment. All in all, I would consider the vast majority of these issues "growing pains" which we have experienced at every community we develop in this challenging market and we are still quite excited about the success of our program. As an aside, approximately 50% of our "affordable" buyers have some type of college degree. We have sold to several teachers, nurses, government workers and the like. We have been consistently seeing between 40 and 50 customers each week (five times our prior traffic) since the beginning of the year, and have a few brokers who are , CORNERSTONE PREMIER COMMUNITIES 2121 PONCE 1l1- LLON BLVD, PH, CORAL GABLES, FLORIDA 33134 TEL: 305.4438288 cornerstonegrn.cor'l Fr,x 305.443.9339 r ~~~ ~,. Lisa Bright, Executive Director of the CRA City of Boynton Beach Paqe 2 of 2 bringing in quite a few buyers. It's clear to us that coupling the exceptional value we are offering with a Boynton Beach address are an unbeatable combination. In sum, we believe the program is doing everything we all hoped for and more, and we'd now like to expand the program to bring more attainable housing to Boynton Beach, as well as make a few minor adjustments. We propose to add an additional 50 "eRA units" at The Preserve, for a total of 100 units. This will allow us to continue our selling and our momentum. To accomplish this, we need to address a few issues. First, our buyers will need the $50,000 in assistance from the CRA which has been made available to our first group of 'buyers (we need to have some flexibility to adjust the subsidy as explained below). Also, we would like to expand the TIFF Cornerstone can earn to 75% of the available revenues, with all of the additional revenue subject to the same results-oriented phase-in we have with the initial 50 units. In addition, we need to increase the price of the Banyan, Hibiscus and Palm models to $249,000 after the Cornerstone subsidy (the Cypress model will remain the same). Two key reasons we need to increase the prices of those three units is because: 1) the interest carry, marketing costs and overhead on the overall project is far in excess of what we contemplated (primarily due to the fact that our build-out is contemplated to take up to four years, not two years as originally planned); and 2) we never contemplated such a large percentage of our attainable buyers would come through brokers. Our commissions are about $12,000 per unit. In addition, we would like to have some flexibility in the amount of CRA subsidy available to each buyer. Since there is more SHIP money available for low income buyers, we would like to be able to provide up to $60,000 to moderate income buyers to help this fill their financing gap. As noted above, earning only $41,000 puts a buyer into the "moderate" category. All monies are subject to underwriting by the Boynton Beach COC, of course, to ensure a buyer does not receive more than he is entitled. We hope we can expand this program to include more worthy households. I would be happy to meet with you at your convenience to review any comments or questions you may have. Very truly yours, Village, L.L.C. ~:0.;~~j:'~'~liff~trr'ritlr.~~-}'<}~~~idi~@~ti~,.j~iWJihtf.;Witl~it~B.i~;t.~~~ww&&~J.;i1r~J~~~~~~~~~-~~~tij;~~::i;:';i<.Li:;;\,,:..:,~,;kJili;:~;;i;~.;;::~it;~t~~1:",';;;:i{~,"{; -..............................................................r . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,............................................................... . . . . . . . . . . . . . . . . . . . . . . . . . ,. . . . '. :. . v. CONSENT AGENDA: N. MLK CORRIDOR UPDATE "- . . . . . . :. . . . . . . . . . . . . . . . . . . . . . . . . .. '.~<1Y~Te~!CRA Ii East Side-West S',de-Seaside Renaissance BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: April 1 0, 2006 I Consent Agenda I Old Business New Business Public Hearing Other SUBJECT: MLK Corridor Update SUMMARY: It remains the last negotiation meeting was held on February 16,2007 as well as the City/CRA response to the development agreement was sent to the InTown Partners on February 28, 2007. To date, no additional negotiation meetings have been set and/or no written reply to the City/CRA on the comments to agreement. The City Manager sent an email on March 31,2007 to 1nTown Partners requesting a response to the agreement and consideration to set a negotiation meeting for April. As a side note, owners of property within the corridor have been contacting the CRA with regard to selling their property. Staff continues to refer them to the developer. FISCAL IMPACT: None. RECOMMENDATIONS: None. ~ .J- T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board Meetingsl07 0410 CRA Board meeting - April\MLK Update.doc ri~~'""" ;.:--- --~ ._~ -fI1",t..zV' ~......~."-~~ -----.. .~,W'~".....~.,,-""- '~~~"'-~~~;;''i'~1'''~1;'';'~.il,i;>~-''.:ilUf-',h"",.:iik.:..i''i~2.i ~''-i:~~)'w.rMII':'ao:.t~ir~'~irTIl~js-~.,~,~;;<-....,j~i;':Y ..~;)t'~"f'~~~~:!iP~:lii'__'~~~~},:'!.2 -..............................................................r . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ............................................. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VII. PUBLIC HEARING: OLD BUSINESS: - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ................... NONE ~~U~i~~~ C.>.i"",'-'-U"/:;;.2"',l:~il'm-;:'--b~"">-;:.. --~';';~d;~''';i;b "'~.i.ii:.ltti3i-;..~;';':";~<';U;:."-'rlr-~~~~""'hli%-;~-~-"\';""'d-'~~~-h'-~r'-'-tu-"~'r\\f-li",~.I;'''''''~''-'&<tii1~if~'~~lfIiij_;j-.\.t~~W~:&li!4-~.;.', -..............................................................r . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~............................................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VII. PUBLIC HEARING: NEW BUSINESS: A. LAND DEVELOPMENT REGULATIONS REWRITE . '. . . . . . . . . . . . . '. . . . . . . . . . . . . '. . . . . .. DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 07-029 TO: Chairman and Members, Planning and Development Board & the Community Redevelopment Agency Board FROM: Michael Rumpf Planning & Zoning Director DATE: RE: March 28, 2007 LDR Rewrite - Consolidated Definitions & Project Update INTRODUCTION The rewrite of the City's Land Development Regulations has been the most intense project encountered by planning staff since the comprehensive plan was finalized in 1990, under the new Growth Management/Local Government Comprehensive Planning Act of 1985. This prior effort involved the completion by city staff of three (3) comprehensive plan elements (chapters) and corresponding support documents as well as overseeing three different consultant teams responsible for the remaining 6 elements. For comparison, the LDR rewrite effort involves updating the City's comprehensive zoning and land development regulations that have experienced multiple, incremental updates since originating in 1961, and with the last series of updates involving only particular or limited sections of the LDR. Specific sections of the LDR's have been rewritten in conjunction with major updates to the Comprehensive Plan; however, there has not been a single comprehensive update to the City's LDR's since the 1970's when the document was likely one-quarter its current volume. The current LDR rewrite project first involved a consulting firm contracted for the project in 2002. However, City staff found it necessary to take direct control of the project late in 2004. Although the tern1ination of the consultant caused the city to lose significant resources at one time devoted to the project (represented by an entire consultant team), the city has gained the experiencedlinsightful perspective, which is an advantage of having city staff complete such a project. With the recent slight decline in the number of development applications filed with the Division, staff has been able to devote somewhat more time to this effort. Accordingly, the emphasis has been placed on the completion of the new Mixed-Use District Regulations, the Work-Force Housing Ordinance (a joint effort with the CRA), the consolidation and update of the ultimate Definitions, the drafting of the Use Matrix and corresponding descriptions and regulations ("general" and use-specific notes), and drafting of the revised format. The Use Matrix will ultimately replace the individual use regulations that are currently codified into the individual zoning district sections, update the uses and efficiently organize them consistent with the revised format of the LOR. It will also eliminate unnecessary duplication and unfriendly displacement. Establishing the Use Matrix has facilitated the thorough analysis of uses and specifically, a review of the zoning districts where uses are permitted, thereby identifying excluded uses and potential weaknesses in the defensibility of the city's zoning regulations. PROJECT OBJECTIVES The objectives set forth at the onset of staffs management of this effort continue to be endorsed, and are summarized as follows: 1. PreservefUtilize work efforts initiated/accomplished by the consultant including work products, discoveries, pertinent recommendations, and input collected from the public, staff and elected officials during workshop sessions; 2. Maximize user-friendliness in the ultimate document with the appropriate and logical organization, interconnectivity, and writing style; 3. Maintain public involvement in the rewrite process, including input from local professionals "experts"; 4. Use a dynamic approach in the rewrite effort allowing the shifting of resources as needed to address current issues and Commission direction; and 5. Continue to deliver optimal customer service to the public and applicants during the project. Objective #1: To maintain an efficient project, staff continues to further certain recommendations promoted by the consultant, as well as much of the original input collected from workshops. This includes, in part, LDR format or organization; incentives for use of mixed-use zoning districts; urban (or flexible) landscape regulations; administrative review responsibility; and the development of non-conforming lots. Staff continues to advance the idea of a more efficiently organized LDR, and is drafting a revised format to generally follow the chronological order of the land development process. As indicated by the attached, proposed Table of Contents, Staff continues to propose that the entire LDR be reformatted accordingly. The mixed-use district regulations have been amended and will be reviewed against recommendations generated from the planned downtown visioning workshop and master planning project. It should be noted that one of the original three "focus areas" of the consultant, "mixed-use districts", has been fully addressed by staff with the adoption of the new mixed-use zoning district regulations. The ultimate landscape regulations will include provisions to correspond with the new mixed-use zoning districts, as well as address other important issues such as water conservation, minimizing storm damage, maintenance and flexibility. The topic of administrative review has also been incorporated into the regulations, in connection with setback requirements and home expansions, and will continue to be considered as staff reviews those sections of the LDR involving administration and process. Lastly, the city's non-conforming lot regulations were last amended in 2001 to increase development opportunities, and are currently being explored as a potential tool to promote affordable housing. Objective #2: User-friendliness continues to be a primary objective, guiding both the format as well emphasis on simplicity and clarity. For example, the theme for reorganizing the document continues to be the order of the development process. This comprehensive rewrite will allow for the total reorganization of the document and the rectification of problems caused by over 30 years of incremental amendments and "quick fixes". Objective #3: Public involvement also maintains a high position 10 the priorities for the project. Despite the elapse in time, minutes from the original workshop and neighborhood meetings have been retained in order to preserve initial input and direction. Furthermore, local professionals and other similar resources will be an important part in the update process. For example, to obtain feedback applicable to the landscape code, staff held a discussion forum in November of 2005 to kick-off this segment of the project. The participants included local individuals and firms involved in landscape design and the trade. Staff also collected valuable input including compliments and criticisms on current regulations, the need for flexibility, and trends. Staff will repeat this process in preparing the update to the City's wireless communications section, and staff is currently compiling a list of invitees for this workshop. Objective #4: Staff acknowledges that a rewritten LDR is long overdue. However, during the past two years, numerous issues have surfaced leading staff to redirect its efforts and focus on further incremental minor code amendments. Examples involved non-residential uses (in residential zoning districts); commercial sign regulations; residential setbacks; urban overlay for commercial development; M-1lindustrial uses and zoning; the quasi-judicial process; public art; Mixed-Use Zoning Districts; and workforce housing. Although each of these individual projects detracted from the comprehensive LDR rewrite effort, staff nevertheless, has recognized these "sidetracks" as important and is attempting to mainstream these incremental accomplishments into the current rewrite efforts as efficiently as possible. In retrospect, had the LDR been initially completed on schedule, numerous amendments would have already been processed, proving that the LDR must be viewed as a dynamic tool warranting regular evaluations and revisions to ensure its consistency with the Comprehensive Plan, City direction, and continued usefulness to the public. As for outstanding issues, staff has been reviewing as part of developing the matrix, industrial uses capable of fitting into other zoning districts and options for implementing the M-l Study recommendations pertaining to S. Congress Avenue and residential impacts. Staff hopes to adequately address the M-I study recommendations in the rewrite project, in lieu of paying additional consultant fees for outside assistance. As for new issues, such as regulating chickee huts, staff has drafted regulations for consideration, including a corresponding definition (see accompanying Definitions-Open Air Pavilion). Objective #5: The fact that all applications filed with the Planning & Zoning Division, as well as public inquiries, and matters involving research for the administration and elected officials have been addressed in a timely manner, including the expeditious processing of items of special concern, and completion of the time/fee study, is evidence that public service has not been jeopardized while advancing this project. CONSOLIDATED DEFINITIONS As part of reformatting the entire LDR, staff proposes to expand the definitions section (currently Chapter 1, Article II), by consolidating all new terms and definitions with existing definitions currently codified within each of the 25 different chapters. Existing definitions have been, or will subsequently be, updated concurrently with their corresponding chapters to eliminate duplications, ensure consistency with new regulations or review processes and policies, and replace outdated terms and definitions. This section may ultimately represent its own chapter at the beginning of the LDR, and will continuously be amended as corresponding chapters and sections arc updated. At this time, the majority of proposed changes represent the significant time spent preparing the use matrix. The use matrix is an update and consolidation of all the different permitted, conditional and accessory uses allowed in the city, by zoning district, and corresponding regulations or provisions. Currently, such uses are listed in each respective zoning district, with the corresponding provisions/regulations found within multiple locations of the zoning regulations. Ultimately, the corresponding notes will immediately follow the use matrix, preceded by the definitions section of the entire LDR. The proposed list also includes terms and definitions from new or pending regulations (i.e. Art in Public Places, new Mixed-Use Zoning Districts, Workforce Housing; etc.), as well as updated terms from those regulations currently being revised by staff of the Planning & Zoning and Engineering Divisions such as landscaping, wireless communications, and platting. Tem1s have been worded or organized to allow for alphabetical grouping, to further promote ease of identification and user-friendliness. Such groupings involve, for example, uses related to Automobile/Vehicle Sales or Service, Signs, street classifications, and property surveys. Noteworthy are new or revised terms proposed to address prior or current topics and issues, and add clarification. The following is a sample of such new or revised terms: · Accessory Unit; · Certificate of Conformity; · Group Homes; · Open Air Structures (includes chickee huts); · Organizations, Civic and Fraternal (formerly "Club"); · Merchandise, used and Merchandise, new; · Murals; and · Storage Container, temporary; Lastly, staff has begun creating and inserting graphics for further clarification using the new design software Sketch up, to emphasize appearance and design objectives and maximize user-friendliness. It should be remembered that new or revised terms involving new uses or regulations still require the adoption of corresponding regulations for full implementation. For some terms, the presence in the Definitions is only the groundwork for subsequent research and potential regulations or provisions. For example, the "Accessof)' Unit" mechanism for furthering the workforce-housing program is only implemented when the regulations indicate the zoning districts where such units are allowed, as ultimately to be included in the use matrix after further research and approval by the Commission. Summary /Recommen dation Other draft chapters or sections are proposed to be forwarded for Board and Commission review in accordance with the proposed Table of Contents (see attached). This document represents the proposed code format as described above, and includes a draft delivery schedule located in the right margin. Staff understands this schedule to be conceptual and flexible depending on the outcome of legal reviews, and unanticipated input from the Boards, public and Commission. Staff further recommends that the incremental, reorganized sections/chapters delivered for review be revised as necessary, and then held for comprehensive adoption. Although the reformatting of the LDR has its benefits as described herein, it makes it difficult to adopt the new chapters and sections incrementally due to one section partially replacing, yet still relying upon other sections of existing regulations. While some chapters such as Definitions and the Zoning Use Matrix may be adopted apart from the remainder of the LDR, with the adopting ordinances providing the necessary documentation, other chapters are too connected with and supported by multiple sections in current regulations to be adopted separately. Staff will coordinate closely with the City Attorney to ensure that the LDR conversion is timely, glitch-free, and at minimal cost. Finally, staff recommends that the accompanying Definitions, and draft Table of Contents be approved, thereby allowing the continued direction taken to rewrite the city's Land Development Regulations. Any changes proposed or approved by the Commission will be incorporated into the document for ultimate ordinance preparation and processing. MR Attachments SIPlanningISHARED\WPISPECPRO]ILDR Re\\Tite (2005-2006)\(JeneraI'DefimtlOns and update report for Boards - 3-20-07rev doc LDR RE-WRITE TABLE OF CONTENTS (Draft) I DESCRIPTION PLANNED DATE Article II. Definitions Group 1 Table of Contents May - June 2007 Chapter 3. Zoning Article I. Overview Section I. Definitions of Terms Section 2. Scope Section 3. Authority Section 4. Amendments to Zoning Section 5. Official Zoning Map I Article II. General Provisions ! Section I. Use Section 2. Densi ty Section 3. Yards / Open Space I Group 2 Section 4. Principal Buildings Section 5. Accessory Buildings June - July 2007 Section 6. Frontage Section 7. Relationship to Adopted Plans, Guidelines, or other Regulations Section 8. Temporary Buildings Section 9. Inclusionary Zoning Article III. Zoning Districts and Overlay Zones Section 1. Residential Districts Section 2. Commercial Districts Section 3. Industrial District Section 4. Planned Districts Section 5. Mixed-Use (Suburban) District Section 6. Mixed-Use (Urban) Districts Section 7. Miscellaneous Districts Section 8. Overlay Zones and Districts April 2, 2007 II Article IV. Use Regulations Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. Section 7. Section 8. Operational Performance Standards Hazardous / Toxic Waste and Substances Use Matrix Notes and Restrictions Permitted Uses Conditional Uses Non-conforming Uses Prohibited Uses Group 2 (cont) June - July 2007 Article V. Minimum Parking Requirements Section 1. Section 2. Section 3. Section 4. Article VI. Section I. Section 2. Section 3. Section 4. Section 5. Section 6. Section 7. Section 8. Section 9. Purpose and Intent General Rules Required Parking Calculations, By Use Permanent Reservation of Spaces Parking Lot, Vehicular Use Areas, and Loading Standards Purpose and Intent Location Standards for Parking Parking Lot Design Driveway Openings and Access Fire Lanes Loading Standards Solid Waste Removal (Dumpster Location) Queuing and Stacking Community Design Plan Group 3 July - August 2007 Article VII. Lighting Standards Section I. Section 2. Section 3. Section 4. Purpose and Intent Interior Lighting Standards Required Exterior Lighting Community Design Plan Article VIII. Utility and Infrastructure Design Standards l Section I. Section 2. Section 3. Section 4. Section 5. Section 6. Section 7. Purpose and Intent Utilities Sidewalks Streets Alleys Bridges & Culverts Drainage and Storm Water / Wastewater April 2, 2007 2 I- Ii I. Chapter 4. Section 8. Section 9. Bicycle / Pedestrian Paths Easements Site Development Standards Article I. Section] . Section 2. Article II. Section I. Section 2. Section 3. Section 4. Article III. Section I. Section 2. Section 3. Section 4. Section 5. Section 6. Section 7. Section 8. Environmental Protection Standards Tree Preservation and Protection Excavation and Fill Regulations Landscape Design and Buffering Standards General Requirements Particular Requirements Community Design Plan Enforcement Site Development Standards Purpose & Intent Applicability Exemptions Administration and Interpretation Appeals (See "Variances") General Exterior Design Particular Exterior Design Community Design Plan II Group 3 (cont) July - August 2007 Group 4 August - September 2007 AI1icle V. Section I. Section 2. Section 3. Section 4. Section 5. Section 6. Section 7. Section 8. Section 9. Section 10. Section] 1. Section 12. Section 13. Section 14. Supplemental Regulations Accessory Structure Buffer walls and Fences Flagpoles Helicopter Pads (aka Helistops) Mobil Storage Containers (Pods) Satellite Dish Antennae Swimming Pools and Spas Sidewalk Cafes Non-Conforming Regulations Wireless Communication Facilities Sale of Used Merchandise Exterior Display of Merchandise Exterior Storage of Merchandise Mailboxes Group 5 September - October 2007 AprIl 2, 2007 3 Article IV. Sign Standards Section I. General Section 2. Exemptions Section 3. Signs Allowed Section 4. Sign Program Section 5. Signs Prohibited Section 6. Community Design Plan I Section 7. Non-conforming Group 6 Section 8. Variances Section 9. Off-premise signs October - November Article IX. Building, Housing, and Construction Standards 2007 Section 1. Purpose Section 2. Certificate of Occupancy / Completion Section 3. External Building Regulations I Section 4. Building Standards Section 5. Flood Damage Prevention Standards Section 6. Housing Standards I Section 7. Penalties Chapter 2. Land Development Process I I , Overview Article I. Section 1. Pre-application Conference Section 2. Review Process, Generally Section 3. Development Orders I I Article II. Planning and Zoning Division Services I Section I. Annexation Group 7 Section 2. Land Use Amendment / Rezoning November - Section 3. Master Plan December 2007 Section 4. Master Site Plan (within Mixed Use Pod) I Section 5. Site Plan Section 6. Conditional Use Section 7. Use Approval (Planned Developments) Section 8. Height Exception Section 9. Community Design Plan Appeal Section 10. Administrative Adjustments (staff only) Section 11. Variance to Zoning Code Section 12. Amendments to Zoning Code Section 13. W ai vers Section 14. Abandonment and Vacation April 2, 2007 4 Article HI. Section 1. Section 2. Section 3. Section 4. Section 5. Article IV. Section 1. Section 2. Section 3. Section 4. Article V. Section I. Section 2. Section 3. Section 4. Article VI. Section I. Article VII. Fees Section I. Section 2. Section 3. Section 4. Section 5. Section 6. Engineering Division Services Platting and Subdivision Review Land Development Permit Construction (Engineering) Plans Rights-of-way Permit Excavation and Grading Permit Building Division Services Clearing and Grubbing Permit Building Permit Irrigation Permit Paving, Grading, and Drainage Permit Surety Group 7 (cont) Purpose Applicability Types of Surety Required Infrastructure Improvements November - December 2007 Occupational License Special Events Application Fees Impact fees Other fees Payment Procedure Credit Land Donation Chapter I. Planning Article I. General Provisions Group 8 L Section I. Section 2. Section 3. Section 4. Section 5. Section 6. Section 7. Section 8. In General Purpose Designation and Citation Catch Lines Repeal Severability Penalties Law Enforcement Education December 2007 - January 2008 April 2, 2007 5 Section 9. Section 10. Article 111. Ordinances not Affectcd by Regulation Ordinances; city laws and codification Relationship to Comprehensive Plan Section I. Section 2. Section 3. Section 4. Section 5. Article IV. Authority Purpose and Intent Adoption Preemption Future Land Usc Map (FLUM) Redevelopment Plans Section 1. Section 2. Section 3. Section 4. Article V. Federal Highway Community Corridor Redevelopment Plan Heart of Boynton Master Plans & Schematic Designs Ocean District Community Redevelopment Plan Boynton Bcach Boulevard Corridor Plan Concurrency Management System Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. Section 7. Section 8. Section 9. Section 10. Al1icle VI. Authority Purpose and Intent Applicability Adopted Levels of Service Service Availability Administration Concurrency Certification - Overview Adequate Public Facilities (APF) Review Concurrency relationship with Dcvelopment Ordcrs Certification of concurrency / exemption upon request Decision Making and Administrative Bodies Section] . Section 2. Section 3. Article VII. City Commission Advisory Boards and Agencies Staff Due Process and Quasi-Judicial Hearings Section] . Section 2. Section 3. Overview Notice of Intent Appeals of Administrative Decisions April 2. 2007 S \l'lannmglZoning Code Updalc\LDR RewfllclPar1 IIf\Chaplers\Table of Conlents\rlllal\TOC Tmlclllle doc 6 Group 8 (cont) December 2007 - January 2008 April 3, 2007 DEFINITIONS the s ccific definition for the s ecific a :IiCable condition shall aft~. .:~:~;::' =s~~: ~e \., -01 I ~ f'ol un 5S othenVl5e spec e lH I 8 R . ~~i::~~ ~a;=;:;~::~l~'~~~::;:~h:~~;:L~;: ~=~~: v-efSa. Section 2. Rules of construction. ~:::. c;;:~:::: ~~:;; f;;;::~~~:;:.n;:,:~U ordiRances, the fullowiRg rules shall be obsenoo; :. ~~:'INITIONS. WheR "Ged iR this sectioR, the fOllowiRg te""s shall have the fOllowiRg meanmgs. :;;: ~::::o:: :::~~ ::r::, :~: ::;:~: ~.is :~::::' :::~ the moaniRgs ascribed to tliem, except wher~ the context ~~~;;, . . i te. :: . t . -i 2. Definitions. For the purpose of this ordinance, the follov:ing definitions shall apply: Section 2. Dcfinitions. As used in this article, the fDlIov:ing words and terms shall have the meaning ascribed therete: ~::sc :~::: :';:":'7.:";:::: t:::~:::;;:~::. the me.RiRg they have in commOR "sage and to gi',:e this arti~k its most rea~onable ~;~l~ . . :::: =:: ' '~a-:,~:,.'~~;=~, A.:~:~nd:,::::=~ ~~=:f ~:~~=o;'~~::~;::d::~i: ~;:~V;;;:ei::~:::= =:~::, ',... 2. Definition. l. "planned commercial development": ::~=::2:E::=~=:~~~'~~~:;:i:::~;::':::~: e. P:8Yidcs j;~:: ce::~r:ial dis~~~{ ~:~:::cicnt and h:armo:nio:us de~sign s:o a:rr:angcd as :j::":,~ "; :::.~~~:= r::~'~:::m:::s;With I1<l h, ,i. g R affi. rs ffeet OR ~~il~::;:~~~Ga,:~~i~ ~~:,n:o::~:c:: ~:::~::'~I:::: a~;::~~~::~;~:';:: ~~:~~' ~::~~c:~~, ~scd and relatcd to one ~n~thcr, and detailed plans for other uscs aHa HHf3F8vemeHts on the land related to the bUlldmgs; and :. ~:~~ a :::~~~m lOr full provisiofl. mainteRaflce, aRd operatioo eO[ :c::: ::=:=~,::::~tfld s.rvice, for commOfl ",. by Ih. oce"l':;;;; .. t 1 ____ B. DEFINITION."^. "planned industrial development": ~. ~::~ =::::~ ~~ml, planRed and :eveJo~~ : ;:~~:: ::~ ~e~~~~:~~~~l~~~~ti~:~ o~ an approved progr~~.mcd s ;i~~ ~ v 0 p a '0 IH<:h:istftall'HulalHgs and rclated uses and facIlItIes; ~. :;v::::::: :::~~~I ~striet of efficient and hamiDa;o", ~~~ :: :rr,:::: ~~:::e ': ~t'.':a~t~v: project readily integrated wilh .fld h~;:;;;;;; .. " . e aaJ81HIHg eF surrounding areas and dcvelopments; ~. ~~ de:~':I'~~ ac:~rdiflg to compreh.fl,jv. aRd d.'ailed :1:, f:;':::~, ::~:::. ~~ :i~::~:,t:~:~:;:, '~~:!~a::'r~:;:::::'n:"a~::~:~':~ ~:~~:;;::~:;~::~: :::~=v::~:: the hmd related to Ihe ""ildiflg'; ami ~. :~~ a r~~~"m for f"1I proyj,iofl, ",aiflteR"flee, and operation ~f ::~~n;;:, ~';1;r:'~,,:~, ~:::j~jt~s .fld service, lOr commOfl ",e ~)' ~c ~cC"~;~~ 0 t , . I \'/111 Het be f3Fevlded, operated or mamtaIned at pubhc e (p s. (I) For purposes of this subscction, the folh....ing definitions shall bc applicable: ~:~~~':: ~~;~b.:::;h:hd::;::~e;~~:;,t; ~€:.:::r':::::::al;:::ti vily, wher~ ABUTTING PROPERTY - The condition of two (2) adioining properties having a common ro ert line or bounda includin cases where two 2 or more lots ad' oin onIon a comer or comers. See "Contiguous Lands." ACCESS - The principal or secondarv means of ingress and egress to a Jot from a dedicated publicly or privately dedicatcd right-of-way. ACCESS W A TERW A YS - A waterway which is developed or constructed for the purpose of providing access by water to lots within a subdivision. ACCESS \V A Y - A non-dedicated area which is ermitted for in 'ess or earess of vehicles or pedestrians. ACCESS LEGAL - A dedicated and recorded ri ht-of-wa" or easement excludin utiIit or drainage easements, affording perpetual ingress and egress from a subiect prope11y to a public thoroughfare. April 3, 2007 2 ACCESSORY APARTMENT- Accessory apartment. A habitable living unit added to or created within a sin le-famil dwellin or its accesso structure that rovides basic re uirements for livin slee in eatin cookin and sanitation. Accesso a artments shall com..-rise no more than twenty-five percent (25%) of the total floor area of the single-family dwelling, and shall in no case be more than seven hundred fifty (750) square feet. Specific design and parking requirements may apply. ACCESSORY BUILDING OR STRUCTURE - A detached, subordinate building, the use of which is clearly incidental and related to that of the principal building or use of the land, and which is located on the same lot as that of the principal building or use. Additional design recommendations and / or standards may be applied to the accessory building or structure. ACCESSORY USE - See "USE, ACCESSORY". ~~:~~~y USE AeeeNso,)' use . ^ ",e incidental to, ,"hordinate to, and ::e;;'~:t to the malA use of the property. As defincd In thIs scctlOn, an accessory use IS a sec a . ACRE - Land or water consisting of forty-three thousand five hundred sixty (43,560) square feet. ADDITION - Addition An expansion, extension, or increase in the usable space within a building or facility. ADEQUATE PUBLIC FACILITIES - Public facilities available to serve a development project so as to meet the levels of service and the conditions set forth in the concurrency regulations. Chaptcr 1.5. ADEQUA TE SCREENING - To conceal from public view, materials on private property, with a p hysi cal screen structuro made 0 f one 0 r m 0 TC of th e fo II ow i ng: den se landsca~e materialcmetal, woodLor masonry. Said structure shall meet the requircments of the Stundar Building ode. ADUL T ENTERTAINMENT EST.A..BLISHMENT - An establishment that commercial enterprise wfii.€fl predominately limits admission to "adults only" owing to the sexual nature of its merchandise or entertainment. Such establishments may include, but not be limited to, adult bookstores, adult theatres, adult lounges, adult health studios, adult motels, adult ef hotels, or the like with nude, bottomless-,--or topless entertainment or employees. : =T~::~ S:~:T~~ (SI GNS) ^ sign structure erected or intended for :':i~';;; ;o=~, with 01' with.,ut oo\'ortisement diopla)' thereon, situated UpOR :;; ;It;~h . AFFECTED PARTIES - Includes persons owning propertv or persons owning or operating a business within the boundaries of the Citv ofBovnton Beach whose development application or application for a permit or license is pending. AFFORDABILITY CONTROLS - Restrictions placed on Workforce Housing Units by which the rice of such units and/or the income of the urchaser or lessee will be restricted in order to ensure that the units remain affordable to low and moderate income households. April 3, 2007 3 Apnl 3, 2007 AFFORDABILITY TERM - The time a workforce housing unit IS required to remam affordable to income Qualified buvers or renters. AISLE - The hard-surfaced lanes in a parking lot which connect the parking stalls with a public or private street, alley or interior driveway. ALLEY - A ri ht-of-wa rovidin a seconda means of access and service to abuttin property. ,A. right of way affording secondary access to property. It is not intended or used for general traffic circulation. AL TER:\ TION ,1ltcyatiol1 ,'\.11'1' change or modification in construction. AL TERA TION, ENVIRONMENTAL Y SENSITIVE LANDS - A. Alteration: Any activity which results in the modification, variation or transformation of environmentally sensitive lands, including but not limited to placement of vehicles, structures, debris, or any other material objects thereon, introduction or injection of water or other substance, and removal, displacement or disturbance of plant or animal species, soil, rock, minerals or water. ALTERATIONS, BUILDING - Any change in the structure which will increase the number of useable units, the floor area or height of the structure. ~~~~~NT AReA!)" ^ commercial establi,hment containing four (4) :: mo'e video gamlf'lg, pmball, or SImilar player operated amusement devIces, many eombmat n. ANCILLARY BUILDING OR STRUCTURE - See "ACCESSORY BUILDING OR S~Rl!CTU~:'. ~ ~~!~~~~g or structure incident.al to, subordinate to and subservient to th~ pnncIPal bUlldmg 8r structure located on the premIses. ANCILLARY USE - See "USE, ACCESSORY" A use incidental to, subordinate to and subservient to the principal use of the premises. AND / OR - "And" ma be read "or" and "or" ma be read "and" if the sense re uires it. ~~~~~~~~~ .~~ ~~~~~~~~C SICN l. sign \vhich uses devices to generate movement by eltnef meenafll6al, eleetncal or natural methods. ANTENNA Antenna - Any apparatus designed for the transmitting and / or receiving of electroma etic waves includin but not limited to tele honic radio or television communications. T es of elements include but are not limited to omni-directional whi antennas sectorized ane' antennas multi or sin Ie ba FM & TV , a~ or ~arabolic ;disb; antennas. ~ ~~i:,!:,!: ~=eeeiving device ';;;"0' '~I~vs .,ed Co< :=1 ;~~~'::";: ~~ :;;:f: ~" ~"':'=s ~:~~~~ab',etic ~.a\es, inel.din: di~~i~;~I~ t i:~ ~~i;1 ~~~ :: :=:'1: ~~ ~n::, ~ omm dIrectIOnal antenRas, such as w ,e i a antennas, amateur radi~ antennas and satellite earth stations. ANTENNA ARRAY - A single or grOUp of antenna elements and associated mounting hardware, transmission lines, or other appurtenances which share a common attachment device, such as a 4 mountin frame or mountin su ort structure for the sole u ose of trans mitt in or recelvm electromagnetic waves. ANTENNA ELEMENT - Any antenna or antenna array. bv more than twent LA TTICE- A ta ered st Ie of antenna su ort structure that consists of vertical and horizontal su orts with multi Ie Ie sand cross-bracin and metal crossed stri s or bars.. MONOPOLE- A st Ie of freestandin antenna su ort structure consistin of a sin Ie shaft usuall com osed of two or more hollow sections without u wires and the like or in the ground or on a building's roof. ANTENNA COMBINED - An antenna or an antenna arra desi ed and utilized to rovide services for more than one I wireless rovider for the same or similar t e of services. ANTIQUE STORE or AUCTION HOUSE -. See "MERCHANDISE: USED" T:; ~~ :;: ~: ~:g :ar ~ :a~ &a~ ":; :::: ~: ~ecls of value ~:c: : :::~~:'=::' :~ Zc~ :::~.~~~~~ t:~ ~l~~, ~~t :~t u:~h~~r~~handise gen~r~]l)~ J u i . p a ' I permlttoa Hi eeflHeetlofl with suel:l uses. APARTMENT .. See "D WELLING: MULTI- F AMIL Y"~ r:7e:' a ::" of =7: ~;:~' ~f ~:~~ : l::~:~ ~r g:s:::~~ ~~ ~~ ~cUPlCd, as the h~ 0 eo of j I '1 ua, family or housohold, for housekeeping purposes. APARTMENT, EFFICIENCY - A dwolling residential unit consisting of one (1) room, other than a bathroom, and providing cooking facilities. APPLICA1NT Soo "DOyoloper." owner. April 3, 2007 5 Apnl 3, 2007 ;~~::~i~:D Af9wm'cd moans approved by the devclopmcnt director or other authority having ARCADE, AMUSEMENT - See "ENTERTAINMENT, INDOOR" ARCADE, PEDESTRIAN - A passage or walkway covered over by a succession of arches or vaults connecting two buildings or supported by stand-alone columns on one or both sides. It also more commonly describes a roof-like structure open to the weather on one (1) or more sides, constructed of rigid materials, which are cantilevered from the exterior building wall to provide a covered walkway for the puhlic along small shops, vendors and / or offices. A penn"';:t, ~:;; like structure opeA to the weather OA OAe (I) or ;'ore sides, cOAstructed ofrig.i~ e~:;;;;:,;:; :~ ~~~~l~~'~~~~om th~ buildIng '.vall, a~tached to and supported by the cxtonor v 11 sUJ3J3orted by freestandIng columns or pillars. AREA OF SHALLO\V FLOODING - See "FLOOD, AREA OF SHALLOW FLOODING". AREA OF SPECIAL FLOOD HAZARD - See "FLOOD, SPECIAL HAZARD AREA". ART, ARTWORK OR WORKS OF ART - Tangible creations by artists exhibiting the highest ualit of skill and aesthetic rinci les and includes all forms of the visual arts conceived in an medium, material, or combination thereof, including, but not limited to, paintings, sculPtures, en avin s carvin s frescos stained lass mosaics mobiles ta estries murals hoto a hs video proiections, digital images, bas-relief, high relief. fountains, kinetics, collages, drawings, monuments erected to commemorate a person or an event, functional furnishings, such as artist desi ed seatin and avers uni ue or ori inal architectural elements and artist desi. ed landforms or landscape elements. The following shall not be considered artwork or works of art for u oses of this cha ter: I re roductions or unlimited co ies of ori inal artwork 2 art ob' ects which are mass- roduced and 3 works that are decorative ornamental or functional elements of the architecture or landscape design, except when commissioned from an artist or designed as an integral aspect of a structure or site. ART, BOOK, CRAFT, HOBBY, MUSIC, SPORTING GOOD, & TOY STORE _ Establishments that retail and provide expertise on the use of sporting equipment (such as a bic cle or dive sho s or other s ecific leisure activities such as needlework and musical instruments but excluding the sale of ammunition or firearms as a principal use. Sporting goods 6 April 3, 2007 stores may retail ammunition and / or firearms as an accessory use. Craft stores are primarily engaged in retailing new sewing supplies, fabrics, patterns, yarns, and other needlework accessories or retailing these products in combination with selling new sewing machines. This use also includes establishments that are primarily engaged in displaving works of art for retail sale in art galleries. ARTERV'..L ROAD OR STREET ;\ route providing service which is relatively continuous :~ ~~ relatively high traffic volume, long average trip length, high operating speed, and high mobility importance. In addition, every United States numbered highway is an arterial road, and every street shovm or described as arterial according to the current or most recent functional classification contained in the City of Boynton Beach Comprehensive Plan, as adopted and amended, is an arterial. ARTIST OR PROFESSIONAL ARTIST - A practItIOner in the visual arts, generally recognized by critics and peers as a professional of serious intent and ability. Indications of a person's status as a professional artist include, but are not limited to, income realized through the sole commission of artwork, frequent or consistent art exhibitions, placement of artwork in public institutions or museums, receipt of honors and awards, and training in the arts. ARTS COMMISSION means the - The advisory board established bv the City Commission pursuant to Ordinance 01-64. ,~.. THLETIC COMPETITIONS Any amateur and professional cheerleading, dance and gymna,tios eveAt, or aflY amateur or professional event, wkich inyolyes physical cont:~':'~~: ~~~ ~~rt~clpants, provIded the event IS a sporting event recog11lzed as an OlympIC s United States Olympic Committee. AUTO / CAR WASH (POLISHING, WAXING, DETAILING) - Establishments providing for the cleaning of private automobiles, recreational vehicles (personal watercraft), or other light duty equipment through manual detailing and / or mechanical resources. AUTO / CAR WASH (SELF-SERVE BA Y)- An establishment where washing, drying, polishing, or vacuuming of a passenger automobile or marine vessel is performed by the driver or the occupant. This use is not intended to serve a commercial or industrial fleet. AUTO DEALER, NEW - An establishment primarily engaged in retailing new automobiles, motorcycles, and light trucks; such as sport utility vehicles, passenger, and cargo vans. AUTO DEALER, USED -- An establishment primarily engaged in retailing used automobiles, motorcycles, and light trucks; such as sport utility vehicles, passenger, and cargo vans. AUTO P,~..RTS S,A..LES (REL\IL) Sale of auto parts from a commercial establishment for installation and use off premises. AUTOMOBILE - An automobile, ef motorcycle, or the like as defined by the rules of the Florida Department of Highway Safety and Motor Vehicles. 7 Apnl 3, 2007 AUTOMOBILE RENTAL - fu1 establishment Establishments primarily engaged in renting passenger new 9HHd automobiles, which includes light trucks, sport utility vehicles, motorcycles, and passenger vans \vithout drivcrs on a short term basis. This term excludes those establishments engaged in passcngcr car rctail auto dealing and leasing (long-term basis) and taxi and limousine services (short-term basis). AUTOMOTIVE. MAJOR REPAIR - An establishment primarily engaged in minor automotive repair services as well as complete engine overhaul and / or replacement of internal parts of engines. Also included is the repair of any portion of the drive mechanism, body and fender work, upholstering, painting and customizing. AUTOMOTIVE. MINOR REPAIR-Automotivc Rcpairs (Minor). An establishment primarily en a ed in minor automotive re air services such as oil chan e lubrication en ine tune-u , carburetor repairs, tire mounting and balancing, and the replacement and / or repair of external ~arts of engines. Providing r.plaeemen. or ,""airs '0 aHtomotive lire5~ batteri~s, .ce~SG~:i:s. :=:I~es lubrication, oil changes, repairs to air conditioning, non engi e and exhaus rc t d ~~~'~ce and repairs, but not including: endne overhaul and/or replace~cnt of internal parts of engines, body and fender work, painting and customizing. AUTOMOTIVE PARTS STORE - An establishment primarily engaged in the retail sales of new auto parts and accessories. Sale of auto parts from a commercial establishment for installation and use off-premises. AUTOMOTIVE SERVICE ST."'. TION Thc use of a building or othcr structurc, on a lot or parcel of land "vhich includes any retail sale of gasoline or other motor fuels. AUTOMOTIVE WINDOW TINTING / STEREO INSTALLATION / ALARMS _ An establishment primarily engaged in tinting automotive vehicles, such as passenger cars, trucks, and vans. They mav also include establishments that are primarily engaged in retailing and installing automotive accessories, such as stereos and alarm systems. AWNING - A structure made of cloth or metal with a metal frame attached to a building, when the same is so erected as to pennit its being raised to a position flat against the building when not In use. 8 April 3, 2007 BAKERY, COMMERCIAL - Al1 establishment primarilv engaged in the manufacturing of bread and other bakery products. BALLOON - A container made of non-rigid material filled with air or gas and designed to be tethered. BANK AND FINANCIAL OFFICE- A financial institution that is open to the public and engaged in deposit banking, and that performs closely related functions such as making loans, investments, and fiduciary activities. BANNER - A sign having the characters, letters, illustrations or ornamentations applied to cloth, paper, film or fabric of any kind, with only such materials for a backing. BAR AND NIGHTCLUB - Any licensed premises that is devoted predominately or totally, to the serving of alcoholic and / or intoxicating beverages or any combination thereof, for consumption at the licensed establishment. Leisurely dancing may occur or patrons may be entertained by live or recorded performers who dance, sing, play instruments, or perform other acts of entertainment (excluding adult entertainment). The service of food may be incidental to the service ofthe aforementioned beverages, activities, and entertainment. These establishments are known as but are not limited to the following: bars, cigar bars, cabarets, cocktail lounges, comedy clubs, dance clubs, discotheques, night clubs, piano bars, pubs, and saloons. B,';'..R OR COCKTAIL LOUNCE ,\n cstablishment devotcd primarily to tho serving ofjt€ef-;- wino, or liquor, or any combination thereof, for on sitc consumption. The ser;icc of food shall bc incidental to the scrvice of alcoholic beveragos. BASE FLOOD - See "FLOOD, BASE". BASE STATION (GROUND EQUIPMENT)- The electronic equipment utilized bv the wireless providers for the transmission and reception ofradio signals. BED AND BREAKFAST - A private owner occupied residence having more than three (3) and less than ten 10 uest units which are subordinate and incidental to the main residential use of the building, in conformance with the prescribed regulations as outlined in the Land Development Regulations. BEER, 'VINE, & LIQUOR STORE - An establishment primarily engaged in retailing packaged alcoholic beverages, such as ale, beer, wine, and liquor. Thevare limited to off-site consumption. Package liquor store is an establishment whore ;Icoholic bc'.'erages arc disponsed or sold in sealed containers for consumption off the premises. BENCHMARK - A relatively permanent material object, natural or artificiaL bearing a marked point whose elevation above or below an adopted datum plane is known. BETTERMENT PLAN OR ALTE&.l\fATIVE COMPLIANCE- A proper landscape plan that demonstrates that an improvement or betterment of the environment can be accomplished over the existing site conditions if such landscape plan is carried out to its fullest. Such a plan is submitted and reviewed to meet or exceed the intent of the City's landscape regulations. 9 April 3, 2007 BEVERAGE MFG - An establishment primarily engaged in one or more of the following: (1 ) manufacturing soft drinks, tea, and coffee; (2) manufacturing ice; and (3) purifying and bottling water. Distilling and / or brewing is prohibited. BICYCLE PATH - Any road, path or way that is open to bicycle travel, which road, path or way is physically separated from motorized vehicular traffic by an open space or by a barrier and is located either within the highway right-of-way or within an independent right-of-way. BILLBOARD - Signs or framework installed for the purpose of advertising or communicating either commercial or noncommercial messages that refer to something other than the name, primary characterLand/or purpose of the establishment or business on the premises where the sign is located. BILLL",.RD H,A1LL "\. commercial establishment containing more than t'.vo (2) pool or billiard tables for the use of patrons. BLOCK - Includes Tier or GroufJ and means a group of lots existing within well-defined and fixed boundaries, usually being an area surrounded by streets, parks or other physical barriers and public space, having an assigned number, letter, or other name through which it may be identified. /\ parcel of land surrounded by streets, \vatef\\'ays, railroad rights of v.ay, parks ~r other public spa€e:- BOARD - "Board": Board means any board appointed by the City, such as the Planning and Development Board. Board shall mean the planning and development board of the C;~y of Boynton Beach. BO,A..RDINC A.ND ROOMINC HOUSE "^. building othcr than hotel or motel providing lodging and ..,<,here meals arc or are not sef\'ed for compensation. BOA T DEALER / RENT AL - An establishment primarily engaged in (1) retailing new and / or used boats 2 retailin new boats and sellin re lacement arts and accessories, ,3 " rentin,... boats, or (4) a yacht brokerage business, including the display and temporary storage of boats on- site (customarily incidental to the principal use). A yacht broker that exclusively displays / stores boats off-site would be considered an office use. A boat dealer / rental excludes the repair or service of vessels on the premises BOA T REPAIR - A facility where boats are repaired, serviced, customized, or detailed. BO,A1TEL Yachtel. BOL T THROW - Bo!t thro~v is the The distance from the lock front surface to the farthest proiected point on the bolt or latch at the center line when subiected to end pressure. BO~lLINC ALLEY A commercial establishment that devotes more than fifty percent (50~/v) of its gross floor area to bowling lanes, equipment and ancillary public areas. 10 April 3, 2007 BOYNTON BEACH HOUSING TRUST - A trust created as a depository for in-lieu of payments, donated land or housin units for the u ose of rovidin Workforce Housin Units. BREAKPOINT TECHNOLOGY - The engineering design of a monopole wherein a specified point on the mono ole is desi ed to have stresses concentrated so that the oint is at least five ercent more susce tible to failure than an other oint alon the mono ole so that in the event of a structural failure of the monopole. the failure will Occur at the breakpoint rather than at the base plate, anchor bolts, or any other point on the monopole. BREAKAWAY WALL- the buildin and is intended to colla building or the foundation svstem. A wall that is not art of the structural su ort of se without causin dama e to the elevated ortion of the BRIDGE - A structure, including supports, erected over a depression or an obstruction, such as water or a highway or railway, and having a track or passage-way for carrying traffic as defined in the Florida State Statues chapter 316 or other moving loads. BUFFER WALL - A stuccoed and painted masonry wall or an engineered pre-cast concrete wall used to physically separate or screen a residential one use or property from a non-residential property anothcr so as to visually shield or block noise, lights, or other nuisances. Finish on both sides of wall must be approved by the Director of Planning and Zoning. BUILDABLE AREA - Buildable area: "Buildable area" shall be defined to mean that That portion of a eu;ldin~ site exclusive of the re uired ard areas on which a structure or buildin improvements may be erected. BUlL DI N G - All con slrueti on hui It f 0;' the sup~~rt, enclosure, shelter ~r proleCti~n:: :,.~~ =s,::a::~e:::: ~~:d ~~g Shalll"el.delhew:~~r= ;:=~ ;::~~~i;~~t:::n:~:':~ rt~u~:~~~::'o:"::'~::::i:~~ :::l=:':;n::i~~::=~ :;; ~::;;"::t:: ~;;.,~;:: ': ~;:p;er 2 0 f Ihe C i t y's Land De,'clop;;;;;;; R :;: ;:10: ~~~~~I~:~ ~r~~:s a~~~.~~~~~re that encloscs space and is used or built for the shelter Of eflCleSHfe efpefSeflG, lH:lsmcsses, chattel or property. 11 Apnl 3, 2007 BUILDINC l\RKA,. The portion of a lot remaining after the required setbacks have boen provided. Buildings may be placed in any part of the building area, but limitations on the percentage of the lot ',,,hich may be covercd by buildings may rcquire open spacc within the building area. BUILDING FACADE - That portion of the exterior elevations of a building extending from grade to the top of the parapet wall or eaves and the entire width of the building elevations. Rat Roof Parapet Roof Mansard Roof Gable/hip roof BUILDING FRONTAGE - The main entrance side of a building or bay. BUILDING OFFICIAL - The official (or authorized representative) responsible for the interpretation and administration of the City's Building Code. The official in charge of the Building Division or his authorized representative. BUILDING SETBACK LINE - A line delineating the minimum required allowable distance between the each property line and the building. Front Setback Line "I Rear Setback Line l Side Setback Line Property Line" 12 Apn13,2007 BUILDING SITE - A portion or parcel of land considered as a unit, devoted to a certain use or occupied by a building or group of buildings that are united by a common interest or use, and the customary accessories and open spaces belonging to the same. BUILDING / STRUCTURE HEIGHT - The vertical distance in feet measured from the lowest point at the property line of an adjacent property or from the minimum base flood elevation as established by FEMA, whichever is highest, to the highest point of the roof for flat roofs, to the deck line for parapet roofs with parapets less than five (5) feet in height. Gable, mansard, and hip roof heights shall be measured to the midpoint between the eaves and the ridge. Rooftop penthouses, stairwells mechanical and electrical equipment shall be concealed by or constructed of exterior architectural materials or features of the same type or quality used on the exterior walls of the main building and may only exceed the maximum building height pursuant to the provisions of Chapter 2, Section 1.F. of the Land Development Regulations, City of Boynton Beach Florida. Walls or retaining walls shall also be measured from the lowest adjacent property line to the to of the structure excluding column caps column capitals and other similar architectural items. To roof high point" \ \ \ To decklrne when --, parapet less than 5' \ \ Midpoint between --, eaves and rrdge \ T i ... Max. Height I I j Flat Roof Parapet Roof Mansard Roof Gable/hip roof BUILDING, PRINCIPAL - A building wherein which is conducted the main or principal use of the lot on which said building is conducted situated. BULK STOR:\CE, S,A..LE, OR DISTRIBUTION The receiving, transfer or storage of unpackaged goods or materials at a premises, or the subsequent sale or transfer of such goods or materials from the premises in a packaged or unpackaged form. ,'\lso, the storage, receiving or transfer of goods, commodities or materials in units which are larger than the units which are typically distributed or sold from the premises. 'Nhere bulk storage is not permitted, all goods, commodities or materials shall be pre packaged '.vhen received at the premises and shall be stored, sold and distributed in the same form, quantity and units as '",hen received at thc premises. BURCL'\R RESIST,A..NT MA TERL'\L Bur~li'lr resistant material means framcd glass or dass like materials that can '.vithstand the impact of a fivc pound steel ball dropped from a hci~ht of forty (10) fcct and fivc (5) impacts from a height often (10) feet concentr~;;d within a fi..c inch diametcr area of the surfacc without releasc from frame. Tested in accordance with UL 72 -f-9.H . 13 April 3, 2007 BUS BENCH SICN /. bench or seat with graphics, symbols and/or copy affixed against any surfacc. BUS SHELTER SICN Graphics, symbols and/or copy affixed to any surface ofa public transit shelter. BUSINESS OFFICE f..ny commercial acti','ity primarily conductcd in an officc, not involving the sale of goods or commoditics available in an office and not dispensing personal services, and including such businesses as rcal estate brokers, insurance offices, accountants, credit rcporting agencies, telephone answering services or any similar uses. BUSINESS OR PROFFESIONAL OFFICE - An establishment that conducts administrative and / or professional functions that serve internal operations and / or customers or clients, involving accounting, consulting, design, legal, research, scientific, technical, or other similar professional or administrative functions. BUSINESS TAX OCCUPATION.\L LICENSE - A tax levied for the privilege license to operate a business, profession, occupation or other operation within the city limits, which is issued in accordance with Chapter 13 of the City's of Boynton Beach Code of Ordinances. CALIPER - A point on a tree used as part of the accepted method of measurement of the thickness of a tree trunk, as defined in the Florida Grades and Standards Manual. The measurement is taken at 6 inches from the ground, unless trunk diameter measured six (6) inches from the ground is greater than 4 inches, in which case the measurement is taken at twelve (12) inches from the ground. CANOPY - A structure, other than an awning, made of cloth or metal with metal frames attached to a building, and carried by a frame supported by the ground, Q.Lsidewalk or building. CAPITAL IMPROVEMENTS ELEMENT ()R !CIEl- The capital improvements element of the comprehensive plan of the City e-ity. CARPET AND UPHOLSTERY CLEANING - An etablishment primarily engaged in cleaning and / or dyeing used rugS, carpets, and upholstery. 14 Apnl 3. 2007 CARPORT - A roofed area open on one (I), two (2) or three (3) sides and attached to the main building, for the storage of one (1) or more vehicles. CAR - See "AUTOMOBILE". CAR RENTAL - See "AUTOMOBILE RENTAL". CAR WASH - See "AUTO / CAR WASH". ~~ :~~~ (~~:OMATlC OR SELF SERVICE) A Building or ar~::~::: ::~~:~~ ~~ I ~:~ fur wa;hing and c1eani ng !fl0 tor "obi c los, W 01 ch !fl" Y uso pr;;d:c~;o: '.. ~~ ~;;:; ,: n _ conveyor, blower or other mechanIcal devlces, and \VhlCh may employ some ha 0 . CA TERER - An establishment primarily engaged in providing single event-based food services. These establishments generally have equipment and vehicles used to prepare and transport meals and/or snacks to events and/or prepare food at an off-premise site. Banquet halls with catering staff are included in this industry. Unless specifically provided for within these regulations, on site consumption and/or take-out service is not a permitted accessory use. CEMETERY - An establishment that is primarily engaged in operating site(s) or structure(s) reserved for the intennent of human or animal remains. CENTERLINE - A line midway between the right-of-way lines or the surveyed and prescribed centerline established by the city engineer, Which mayor may not be the line midway between the existing or proposed right-of-way lines. CERTIFICATE OF CONFORMANCE - Certification issued bv the Development Director or desi ee that a arcel buildin and/or site im rovements made non-conformin due to actions of a ovemmental entit shall be deemed to conform u on the issuance of a Certificate of Conformitvas outlined in the Land Development Regulations. CERTIFICA TE OF OCCUPANCY - A statement signed by the city development director setting forth that a building or structure legally complies with the City of Boynton Beach Building and Zoning Codes and that the same may be used for the purposes stated therein. 15 April 3, 2007 CERTIFICATION OF CONCURRENCY - Shall constitute proof Proof that public facilities are or will be available, consistent with the adopted levels of service and the conditions set forth in the Land Development Regulations Chapter 1.5, and shall specify the public facilities which are to be constructed, timing of construction and responsibility for construction. Certification of concurrency shall reserve capacity in the public facilities which are available, until the certification of concurrency expires. CERTIFIED DOCUMENTS - Drawings, estimates, warranties, etc. certified signed and sealed by a Florida registered architect, engineer and/or land surveyor guaranteeing that the documents are true, accurate and in compliance with all applicable laws, rules and regulations. CH,.t1NCE,\.BLE COpy SICN /\ sign of permanent character, but with rcmovable letters, >,vords or numerals, indicating the names or persons associated \vith, or events conducted upon, the premises upon \vhich a sign is erected. This sign may be erected as a part of a freestanding s-tgIt CHECK CASHING - A person or business that for compensation engages, in whole or in part, in the business of cashing checks, \\'arrants, drafts, money orders, or other commercial paper serving the same purpose. This use does not include a state or federally chartered bank, savings association, credit union, or industrial loan company. CHICKEE HUT - See "OPEN-AIR P A VILLION". CHILD - An unmarried person under the age of eighteen (18) years. CHILD CARE FACILITY Child care facility An establishment that provides care, protcction and supervision for children on a regular basis away from their primary residence for less than twcnty four (24) hours per day. The term does not include facilities operated in conjunction with an emplo)went usc or other principal activity, where children arc cared for while parents or custodians are occupied on the prcmises or in the immediate vicinity. CHURCH - Also known as a place of worship, is a building or group of buildings wherein persons regularly assemble for religious worship and related activities. Day care centers, primary and secondary schools, seminaries, and colleges and universities shall not be construed to be an accessory use to a church. CITY - The City of BOyTIton Beach, a municipality established in the County of Palm Beach, State of Florida to be a political corporation under the name of City of Boynton Beach pursuant to the laws of Florida. The City of Boynton Beach, Florida. CITY COMMISSION - City COblncil,l Commission. Whenever the words "City Commission" are used, they shall be construed to mean the City Commission of the City of Boynton Beach. CITY ENGINEER - A Florida licensed professional engineer in charge of the City of Boynton Beach, Department of Public Works/Engineering Division, and who acts as the administrative officer for the purposes of implementing the City's platting requirements. ,A. Florida registcred engineer in charge of the BO)TIton Beach Engineering Division. 16 Apnl 3, 2007 CITY INPSECTOR - The pcrson( s) designated by a city administrator to inspect improvements, a business, or ~o~erty for compliance with the City's regulations. City inspector: T~:~ci:~ ~~~~~~~~~~ ~~: ~erso~ desil:31atcd by the city manager to e~forcc thc City'; Co~ ~~ Ordi c j3f8';ISlOns of thIS artIcle. CITY STANDARDS - Standards adopted by resolution by the City of Boynton Beach. CITY STREET SYSTEM - The City etty street system of each municipality consists consisting of all local roads 'tvithin that municipality, and all collector roads inside the City of Bovnton Beach that municipality, which are not in the State of Florida or Palm Beach County county road system. CITY SURVEYOR AND MAPPER - A Florida licensed professional surveyor and mapper, under contract or employment with the City of Bovnton Beach, Florida in accordance with 9. 177.081 (1) Fla. Stat., as amended from time to time. :.:~IC An establishment \vherc patients, who arc not lodged overnig.ht except for observation ~: c:~~gc~:' ~~a~ment, arc admitted for examination and treatment by one (1) person or group of persons practicing an)' form o[Aealing or AealtA "ailaiflg services to Inalvlauals, :;:::: :::~ ~~~:~~: ~~ med"al dectoro, clmopractors, osteopat"s, ChlfOpodlSts, nataropallis, u t:'~::::::, dentists, veterinarians or any such profession, the practice of 'Nhich is lawf~1 in th f Florida. CLOTHING & ACCESSORIES - An establishment primarily engaged in retailing new clothing and clothing accessories merchandise from fixed point-of-sale locations. COASTAL HIGH HAZARD AREA - See "FLOOD, COASTAL HIGH HAZARD AREA" CODE 1958 - Code 1958. Any reference herein to "Code 1958" shall be construed to mean the "Code of Ordinances, City of Boynton Beach, Florida," adopted October 20, 1958, by Ordinance Number 315, as from time to time amended and supplemented. CojJcc housc. An iflformal cafe or restauraflt primarily offcriflg coffe~ ':: ~; ~:e: ;:n alcoholIc bcverages, and where light rcfrcshmcnts and lImIted menu mea s y 8 o. COIN-OPERATED LAUNDRY - An establishment primarily engaged in operating facilities with coin-o crated or similar self-service laundrv / d cleanin e ui ment for customer use on the premises, contingent upon the floor area of such use is entirely enclosed. COLLECTOR ROAD OR STREET - See "STREET. COLLECTOR". _ A mute pr;:.:::= :::'ic:::~c~ ~~~!~olati"ely moderate average traffic vol~me, medemtely averag~ :~:::: ::,~~atcIY aVCI'agt) operating speea. SacA a route also colleets ana di:;:~:::~:~," :~d:e~ local roads or artenal roads and servcs as a IInkagc between land acces d It' n . 17 Apnl 3, 2007 street shovm or described as a collector according to the current or most recent functional classification contained in the City of Boynton Beach Comprehensiye Plan, as adopted and amended, is a collector street. COLLEGE. UNIVERSITY, SEMINARY - An establishment primarily engaged in furnishing academic courses and granting degrees at associate, baccalaureate or graduate levels. The requirement for admission is at least a high school diploma or equivalent. COLOCA TION - The practice of installing and operating multiple wireless carriers, service providers, and/or radio common carrier licensees on the same antenna support structure or attached wireless communication facility using different and separate antenna, feed lines and radio frequency generating equipment. COl\IBUSTIBLE SICN Any sign or sign structure 'shich will ignite or support flames and which has a 10'"," flame point. Prime examples of combustible signs ,>,>,ould be '>\lood, non u.L. approved plastics, cloths, etc. COMMERCIAL TRUCK - A truck defined as such by the rules of the Florida Department of Highway Safety and Motor Vehicles. COMMERCIAL ZONING DISTRICT - All C-l, C-2, C-3, C-4, CBD, and PCD zoning districts. COMMISSION The City Commission of the City of Boynton Beach, Florida. COMMUNITY FACILITIES - A governmental use established primarily for the benefit and service for the population of the community in which it is located. COMPLETEL Y ENCLOSED - A building separated on all sides from the adjacent open area, or from other buildings or other structures, by a permanent roof and by exterior walls or party walls, pierced only by windows or entrances or exit doors normally provided, and open for the accommodation of persons, goods, or vehicles. COMPREHENSIVE PLAN - The Comprehensive Plan of the City of Boynton Beach as adopted and amended and required by the Florida Statutes F.S. 163. COMPUT A TION OF TIME- Co:nputatiotl Of time. In computing any period of time prescribed or allowed by this Code or Regulations, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday or legal holiday in which event the period shall run until the end ofthe next day which is neither a Saturday, Sunday or legal holiday. When the period of time prescribed or allowed is less than seven (7) days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation. CONCEALED WIRELESS COMMUNICTION FACILITY - See "WIRELESS COMMUNICA nON FACILITY". 18 April 3, 2007 CONCEPTUAL FEEDBACK - General reaction to a thought or idea with the clear understanding that further development of the thought or idea will be considered only when it is in conformance with all codes, ordinances, rules and regulations. Conceptual feedback neither provides nor implies either present or future waivers, variances, exceptions or exemptions from any codes, ordinances, rules and/or regulations. CONCURRENCY - The requirement that the necessary public facilities and services to maintain the adopted level of service standards are available when the impacts of development occur. CONCURRENCY EXEMPTION DETERMINATION - A written certification by the planning director that a development order or permit is exempt with respect to meeting the concurrency requirements for a particular public facility. CONDITIONAL CERTIFICATION OF CONCURRENCY - Shall mean that there is The reasonable likelihood that the necessary public facilities would be provided by the developer, a governmental agency, or by other developers, but that the conditions set forth herein cannot be met. The conditional certification of concurrency shall specify the public facilities which are to be constructed, timing of construction and responsibility for construction. A conditional certification of concurrency shall reserve capacity in the public facilities which specified as such, until the conditional certification of concurrency expires. CONDITIONAL USE - See "USE, CONDITIONAL". CONDOMINIUM - See "PROPERTY OWNERS ASSOCIATION". CONSIGNMENT SHOP - See "MERCHANDISE, USED". CONSTRUCTION PLANS - Certified documents from which a complete review and analysis can be made of all required improvements without research and/or additional data. CONTIGUOUS LANDS - Lands that abut each other or are separated only by streets, ways, easements, pipelines, powerlines, conduits or rights-of-way under ownership of the petitioner, a governmental agency, a subdivision or a public or private utility. Also see the Florida Statues in connection with annexation. CONTRACTOR - A contractor undertakes trades of a type that are specialized to assist in buildin construction and remodelin . This definition includes but is not limited to heatin aIr conditioning, plumbing, roofing, paving, underground, and landscaping. CONVALESCENT HOME - See "GROUP HOME". CONVENIENCE STORE.- Cmn'cl'lience store An establishment known as a convenience store or a food mart exce t those with fuel urn s is rimaril en a ed in retailin a limited line of goods that generally includes milk, bread, soda, and snacks. The term "convenience store" does not include a store which is SO 1 el y or pri man Iy a res tauran t. A;;;~ ::: :: a rcsid"fl tial aro~ that stocks food and gcncrall':oods and IS open all or most oft, t. 19 ApnJ3,2007 CONVENTIONAL ZONING DISTRICT - All zoning districts which are not planned zoning districts. CONVERTED PAPER PRODUCT PROCESSING - An establishment primarily engaged in converting paper or paperboard without manufacturing paper or paperboard. This use is limited to cutting, stamping, folding, laminating, lining, coating, and treating of purchased paper, paperboard, foil, sheet, or film materials. COPYING. PRINTING. AND SIGN DESIGN - An establishment primarily engaged in providing photocopying, duplicating, blueprinting, office support and printing services (excluding commercial printing operations- see "PUBLISHING AND COMMERCIAL PRINTING"). This use also includes the preparation of temporary signs such as banners, pennants, or other signs constructed of non-rigid materials not intended for permanent display. CORNER - See "LOT" ~ COSMETICS. BEAUTY SUPPLY. AND PERFUME - An establishment primarily engaged in the retail sales of cosmetics, beauty supplies, perfumes, colognes, and the like. COSMETOLOCY AND BARBER SCHOOLS An establishment primarily engaged in offering training in barbering, hair styling, or the cosmetic arts, such as makeup or skin care. These schools provide job specific certification. COST ESTIMATE - A certified estimate of the cost of surveying, testing, all required improvements, supervision, profit, and overhead. COUNSELING - An establishment that provides professional advice and guidance for matters concerning but not limited to marriage and family, occupation and career, debt and finance, mental health, and substance abuse. This use excludes grOUp counseling, administering medications, and in-patient or resident care. COUNTY - The words "the county" or "this county" shall mean the county of Palm Beach. COUNTY ROAD SYSTEM - The county road system consisting of each county consists of all collector roads in the unincorporated areas and all extensions of such collector roads into and through any incorporated areas, all local roads in the unincorporated areas, and all urban minor arterial roads not in the State Highway System. COVERED ~!.UK':V.'\ Y AND ARC"'.DE SICN .'\ sign which is perpendicular to the building face and is suspcnded from, attached to, supported from or forms part of, a co'.'ered \vallC'Nay and is rigid. CROSSWALK - That part of a roadway at an intersection included 'Nithin the connections ofthc Jaterallines of the sidewalks on opposite sides of the highway, mcasured from the curbs or, in thc abscnce of curbs, from the edges of the traversable roadway. Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface. 20 CUL-DE-SAC - See "STREET". CUR.~ENT STANDARDS Dncumoflts, drawingG, spocificatinos, aot~~, I:;;, :~:' ~~i~I~~~~~s~ ordIna~ces and thc lIke In c~fect ~n the datc an applIcatIOn or amc cd IC , '.'.'fllchevcr IS later, IS presented for conSIderatIOn. ~~:~~~~ ~~~~~~~INCS Custom furnishinf?s. Home furniturc and decorative obiects built IS a ImYel's speCificatIOns. ~~~:::~= ~~ :?UE A sign identifying the address, operator's name or activity taking place within the facility, not to exceed two (2) square feet in area. ~~..~~~ ~~:~~ :,,}'ocr cafe. .^. coffee house that provides patrons v,'ith computcr terminals for BfS':,'SlHg the Internet for a fec. DAIRY PRODUCTS MFG - An establishment that manufactures dairy products from raw milk, processed milk, and dairy substitutes. DA Y CARE - An establishment that provides care, protection and supervision for children or adults on a regular basis away from their primary residence for less than twenty-four (24) hours er da . The term does not include facilities 0 erated in con'unction with an em 10 llient use or other rinci al activit where children are cared for while arents or custodians are occu ied on the premises or in the immediate vicinity. ~ ' ! ~~ ~ ~:: ,w'.;!. Soa f.ci Iiti es th at Ii. v 0 fln nverni glit .ccommnd.ti ons, hut ;:;~i ~~ ~i;; ~:~~~!i~iniGtored hy licoflsod aHa certified 5:. technici.n;)b;,~:~;, ""1 -" fela*ahsA programs that may last from a few mInutes up t a full day. DA Y & TRADE LABOR POOL (TEMPORARY HELP) - An establishment engaged in rovidin tern ora da or manual labor service for the construction maintenance a 'cultural or industrial trades. dBA - The total sound level of all noise as measured with a sound level measuring device using A-weighting network. The unit is decibe]:based on a reference sound pressure of .0002 microbars. DEAD END STREET - See "STREET" A street '.vith only one outlet. DEED RESTRICTION - Each Workforce Housing Unit created under the Program shall be deed restricted for thirt 30 ears. The Deed Restriction shall be recorded and serve to restrict the sales or rental price and/or the income of the purchaser or renter. DEMOLITION - Any intentional dismantling, intentional destruction, or removal of structures, utilities, public or private right-of-way surfaces, or similar property. Apnl 3, 2007 21 April 3, 2007 DENSITY - The number of residential dwelling units permitted on a particular lot or within a project determined by dividing the applicable zoning district minimum lot size for one dwelling unit into the gross acreage of said lot. Density is always expressed in terms of dwelling units per gross acre (d.u./g.ac.). An existing or projectcd relationship between numbers of d'.velling units and land area. Maximum density 4.84 d,u./g.ac Maximum density 9.68 d.u,fg.ac Maximum density 80 d.u,fg.ac DEPARTMENT OF TRANSPORT A TION STATE STANDARDS - The most recent edition of all state standards and specifications. DEPARTMENT STORE .^. retail establishmcnt offering a wide variety of merchandise, and organized into departments, according to the type ofmcrchandise sold. DEVELOPER - The owners ofrecord executing the dedication required by s. 177.081, Fla. Stat., and applying for approval of a plat of a subdivision pursuant to this Chapter. Any individual, firm, association, s)l1dicatc, copartnership, corporation, trust or any other legal entity commencing proceedings under this ordinance. The tcrm "developer" includes the term "subdivider". DEVELOPER'S ENGINEER - A professional engineer, registered in Florida, engaged retained by the developer. DEVELOPMENT - A single use or combination of uses, proposed or approved, that may include but not be limited to a single-family subdivision, townhomes, rental apartments, condominiums, public facilities, commercial buildings, shopping centers, or industrial projects, possibly of similar design, constructed as a unified community. Development shall also include the meaning given it in ~. 380.04 Fla. Stat., pursuant to a development order or pern1it. &fla.lt have the meaning given it in Section 380.04, Florida Statutes, pursuant to a dcvelopment order or permit. DEVELOPM.ENT means any construction, or redevelopment, or structural alteration of any private or public building v,ithin thc limits of the City. DEVELOPMENT ACTIVITY - Application for a master plan, site plan, rezoning, building permit, or variance, as it relates to the Notice of Intent section of these regulations. 22 April 3, 2007 DEVELOPMENT AGREEMENT - An agreement entered into between a local government and a person in connection with the approval of a development order or pennit including, but not limited to, a development agreement pursuant to Section 163.3220, Florida Statutes, or an agreement on a development order issued pursuant to Section 380.01 et seq., Florida Statutes. DEVELOPMENT AREA - Under the provisions of the Wireless Communication Facilities section of these regulations, it is the area occupied by a wireless communications facility including areas inside or under the following: an antenna-support structure's framework, equipment cabinets, ancillary structures and access ways. DEVELOPMENT ORDER - Any order granting, denying, or granting with conditions an application for a development permit. A development order becomes effective upon approval by the City Commission and issuance, in writing, by the city attorney. DEVELOPMENT PERMIT - Any permit authorizing fBf required improvements, building(s), zoning, rezoning, plat approval, certification, variance, or other action having the effect of permitting commencement of development as defined in Florida Statutes, Section 380.04, or any other official action or types of action by the city which, in the judgement of the city manager, would permit the use or development ofland similar to any of the listed actions. DEVELOPMENT. ELIGIBLE - Under the Workforce Housing provisions of these regulations, an "eligible development" is a development at one location which includes at least ten (10) residential units for which site plan approval has been granted. DIET / NUTRITION CENTER - An establishment that conducts non-medical types of services to assist clients in attaining or maintaining a desired weight. The sale of weight reduction products, such as food supplements, may be an integral component of the program. These services tyPically include individual or grOUp counseling, menu and exercise planning, and weight and body measurement monitoring. DIRECTIONAL SICNS (1) On premises, incidental signs designed to guide or direct pedestrians or vehicular traffic. (2) Signs erected or permitted by the city, Palm Beach County, State of Florida or the United States Government or agency thereof, for the direction or safety of the public. (3) A sign, notice-,-or symbol as to the time and place ofregular civic mectings and rcligious sCll'ices. DIRECTORY SICN .^. frcestanding or flat sign listing only the name and/or use or location of morc than one (1) busincss, acti vity or profession conducted '.vithin a building, group ofbuildings or commercial center. DISTRIBUTOR - Distributor. Any individual or business entity engaged in the dissemination of any publication utilizing a newsrack located in the City ofBovnton Bcach. DISTRICT~ (ZONING) - See "ZONING DISTRICT" Any certain desil':llated described area of the City of Boynton Beach to which these regulations apply and within \.vhich the zoning regulations are uniform. DOCTOR'S OFFICE - See "MEDICAL OR DENTAL OFFICE". 23 April 3, 2007 DOUBLE F.'\CED SICN .^. sib'11 with two (2) faces \vhich are back to back with no morc than a forty fi'/e (45) degree angle bct'Neen the faces. DOUBLE-KEYED DEAD BOL T - Doublc kc}'cd dead bolt is a dead bolt lock actuated by a key from the inside and outside. DRIP LINE - : A vertical line runnin throu h the outermost art of the crown ofa tree and extending to the ground, provided, howe'.'er, that the same shall not be less than a ten foot diamcter circlc which is drawn from the center line of the trunk of a tree. DRIVE IN REST.A",UR\NT A restaurant which includes facilities to scrve food and beverage to patrons for consumption by patrons in automobiles on the premises. DRIVE THRV REST AVIV.NT j\ restaurant whiCH include, facilities to serve food a:: beyerages to patrons v'!ho are in their automobiles with the intcntion of driving aw~;' f;~;;' ~ property and consuming their food and beverage c1sc'.vherc. DRIVEWAY - The paved area between a public street and private property intended to provide ingress and egress for vehicular traffic from the public street or thoroughfare to a definite area of private property, or which connects parking aisles or provides access to parking aisles. DRIVEWAY. MAJOR DRIVE~'.'\ Y - A main ingress or egress to a public street from the site of any development generating more than 1,000 vehicular trips per 24 hour day or more than 250 trips in any single hour including, but not limited to, a shopping center, multiple-family development, industrial park, hospital or any other use. DRUG STORE - See "PHARMACY & DRUG STORE". DRY CLEANER - An establishment that launders or dry cleans articles of clothing and garments, which are deposited on the premises directly by the customer. The laundering or cleaning of articles / gannents may occur either on or off the premises. The business is small- scale and not intended to perform or function as a large-scale dry cleaning plant. 24 April 3, 2007 DRY CLEANING PLANT - An establishment that cleans fabrics, textiles, wearing apparel, or articles of any sort by immersion and agitation, or by immersions only, in volatile solvents including, but not by way of limitations, solvents of the petroleum distillate tyPe, and / or the chlorinated hydrocarbon tyPe, and the processes incidental thereto. These establishments are typically not open to the general public and primarily cater to a commercial and / or industrial clientele. DWELLING - A living facility for one or more persons, such as a one-family house, an apartment or a condominium. DWELLING UNIT (D.U.) - A single unit providing complete, independent living facilities for one family, including permanent provisions for living, sleeping, eating, cooking and sanitation, but not including recreation vehicles, tents, hotels, motels, boarding houses, or boats. A house, apartment, building or any part thereofused primarily for human habitation and shall include bath and culinary accommodations. 1. Single family d\veIIing: A building containing only one (1) single family d'welling unit. 2. Multiplc family dv.'elling: A building containing two (2) or morc d\velling units. D'VELLINC RESIDENTIAL UNIT (DU) f.n apartment, condominium, sincJe family detached house, mobile home, single family attached house or multi family housinl': established for human habitation. DWELLING RESIDENTIAL. MULTI-FAMILY - A building containing three (3) or more dwelling units that cannot be classified as single-family attached. DWELLING RESIDENTIAL. SINGLE-FAMILY, A TT ACHED - Two (2) or more one- family dwellings attached by common vertical firewalls, whereby each unit has its own front and rear access to the outside, and no unit is located over another unit. Examples of single-family attached dwellings include duplexes and townhomes. EASEMENT- Any strip ofland created by a subdivider for public or private utilities, drainage, sanitation. or other specified uses having limitations, the title to which shall remain in the name of the property owner, subject to the right of use designated in the reservation of the servitude. AH intercst in land granted for limited use purpose, but which does not convey title to real pr-eperty. EASEMENT. LIMITED ACCESS EASEMENT - A strip of land which does not permit access except at authorized and controlled points. ECOSYSTEM - Ecosystem: An assemblage of living organisms (plants, animals, microorganisms, etc.) that functions as a dynamic whole through organized energy flows. EGRESS - An exit. 25 April 3, 2007 ELECTRICAL EQUIPMENT. APPLIANCE & COMPONENT ASSEMBLY - An establishment that assembles products, finished parts, and materials which generate, distribute and use electrical power. ELECTRICAL SICN .^. sign or sign structure in which integral clectric 'siring, connections and/or fixtures are used and connected to an electric source and mceting the rcquirements of the National Electrical Code. ELECTRONICS AND APPLIANCE STORE - An establishment primarily engaged in retailing televisions, stereos, and other home / car electronic appliances. This use would include the retailing of cameras and other audio-visual equipment. The repair of this merchandise is incidental to the principal use (retail sales). ELEVATED BUILDING - Building without a basement in which the lowest floor is elevated above the ground. ELIGIBLE OCCUPANT - Relative to the Workforce Housing Program contained in these regulations, it is a person who qualifies for participation in the program whose income does not exceed 120% of Median Household Income for Palm Beach County as set by HUD Priority will be given to persons who have lived or worked within the City limits of Boynton Beach continually for one year immediately prior to the date of application for a Workforce Housing Unit. EN CROACHMENT "Encroachment": Encroachment is any protrusion of a vehicle outside of a parking space, display area or access\vay into the landscaped area. There shall be no encroachment o';er or into any landscaped area. '\Theel stops and/or cuts shall be placed at least tv;o (2) feet from the edge of such landscaped area as well as two (2) feet from any prescrved or plantcd tree. Where a \vheel stop or curb is utilized, the paved area betwecn the curb and the end of the parking spacc may be omitted, providing it is landscapcd in addition to the required landscaping as provided herein. ENDANGERED. THREATENED. AND RARE SPECIES OF SPECIAL CONCERN _ Endangered, threatened and rare species and species of special concern: Species listed as endangered, threatened, rare or of special concern by one (1) or more of the following agencies: 1) U.S. Fish and Wildlife Service, 2) Florida Game and Fresh Water Fish Commission, 3) Florida Committee on Rare and Endangered Plants and Animals, 4) Florida Department of Agriculture, and 5) Treasure Coast Regional Planning Council. ENGINEER, RECISTERED- A person registered as a professional engineer in the State of Florida, in accordance with Chapter 471, Fla. Stat., who is good standing with the Florida Board of Professional Engineers. }. professional enginecr registered by thc State of Florida and trained in the field of engineering. ENLARGEMENT OR TO ENLARGE - An enlargement is an addition to the floor area of an existing building, an increase in the size of any structure, or an increase in that portion of a tract ofland occupied by an existing use. To enlarge is to make an enlargement. 26 April 3, 2007 ENTERT AINMENT. INDOOR - An establishment primarily engaged in operating amusement arcades / parlors, billiard halls, bowling alleys, paint ball, shooting ranges, skating rinks, and the like. Arcades include any electric or electronic machines (i.e. pinball, video games) which provide amusement, eniovment, or entertainment. ENTERTAINMENT. OUTDOOR - An establishment offering recreation, entertainment, or games of skill to the general public for a fee or charge wherein any portion of the activity occurs in the open. Typical uses include but are not limited to amusement and water parks, skateboarding, batting cages, miniature golf and driving ranges, tennis clubs, and other types of recreation and entertainment not otherwise defined. ENVIRONMENT ALL Y SENSITIVE LANDS - Em'ironmentally sensitive lands: Ecological sites (ecosites) representing high quality native Florida ecosystems. EQUIPMENT CABINET - Under the provisions of the Wireless Communication Facilities section of these regulations, it is any structure such as a cabinet, shelter, or pedestal used to exclusively contain radio or other equipment necessary for the transmission or reception of wireless communication signals. E UIPMENT COMPOUND - The fenced area surroundin a wireless communication facilit including the areas inside or under the following: an antenna suPport structure's framework and ancillary structures such as equipment necessary to operate the antenna on the including cabinets, shelters, pedestals, and other similar structures. ERECT (SICNS) To build, construct, attach, hang, placc, suspend or affix, and shall also include thc painting of signs. ESSENTIAL SERVICES - Facilities owned and / or operated by a governmental entity or public service provider of essential services and infrastructure (including but not limited to gas, electrical, potable water, sanitary sewer) for the general public health, safety, convenience, and welfare. EXCA VA TION OR EXCA V A TING - The removal of materials from either above or below the water table and/or the grading, mixing or spreading of materials. EXEMPTION DETERMINATION See "CONCURRENCY EXEMPTION DETERMINA TION" ^ ',witten ccrtification by the planning director that a development order or permit is excmpt with rcspect to mceting the concurrency requirements for a particular public facility. EXPRESSWAY - A street shown or described as such according to the current or most recent functional classification system contained in the City of Boynton Beach Comprehensive Plan, as adopted and amended. EXTERIOR DISPLAY - The display Display of merchandise, as an accessory use ill to a lawful principal use, outside of the walls of the building or within any area which is not fully enclosed by building walls, in such a manner so as to allow for viewing or inspection of merchandise by customers. 27 April 3, 2007 EXTERIOR STORAGE - The keeping of merchandise, materials, equipment or supplies, and the like, outside of the walls of a building or within any area which is not fully enclosed by building walls, which is generally not for the purpose of allowing inspection or viewing by customers. EXTERMINA TING AND PEST CONTROL - An establishment offering the control and elimination of insects, rodents or other pests by eliminating their harborage places by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating, trapping; or by any other recognized and legal pest elimination method. EXTER1\fINA TION Extermination the control and elimination of insects, rodents or other pests by eliminating their harborag:e places by rcmoving or makin~ inaccessible matcrials that may serve as their food; by poisoning, spraying, fumif:ating, trappinl':; or by any other recognized and lc~al pest elimination method. EXTRA.ORDINARY CONDITIONSExtraordinary conditions Subsequcnt to a hurricane, flood or other natural disaster. FAA - The Federal Aviation Administration. FABRIC'\. TION The assembly or forming of goods using finished or semi finished materials, as opposed to the manufacture of primary materials. FACINC OR SURal;' ACE Shall mean the surface of the sign upon, against or th;-ough '.vhich thc message is displayed or illustrated on thc sign. F AMIL Y - One (1) or more persons occupying a single dwelling housekeeping unit and using common cooking facilities, provided that all such persons shall be related by blood, marriagc or adoption, except that not more than one (l) person 'Nho is not related as such shall also be permitted to rcside in the same unit. Families who provide care in their own home as duly state licensed foster family homes, in which dependent children have been duly placed by the State of Florida, and which include not more than five (5) children (both natural and foster) in the household, are expressly included within this term. F AMIL Y DAY CARE - A residence providing day care services for a number of children which is limited in accordance with Florida law, and which shall be construed to be an accessory use to any dwelling unit located in a residential or PU district, or in any commercial zoning district, excluding C-4 district. FCC - The Federal Communications Commission. FEED LINES (ICE BRIDGE OR BRIDGE) - Cables used as the interconnecting media between the transmission/receiving base station and the antenna. FESTOONS - Strings of ribbons, lights, tinsel, small flags, discs, spinners, pinwheels or any device propelled by natural forces used for the purpose of attracting attention. 28 April 3, 2007 FILL OR FILLINC Placing matcrial removed from another area on and/or off site. FITNESS / HEAL TH CLUB Fitness/health club. .\ commercial recreation and entcrtainment facility or private club which has as a principal use a g;ymnasium, swimming pool or othcr sports facility and which may offcr massages, whirlpool baths, steam rooms, saunas or medical facilities as accessory uses to the principal usc. FIRST TIME HOME BUYER - A person who has not held ownership in a residence within the past three years. FIXED PROJECTION SICN A sign, other than a flat sign, which cxtends outward for more than cighteen (18) inchcs from the facade of any building and is rigidly affixcd thereto. FLAG - A piece of cloth used as the national, state, municipal, civic or church symbol, registered corporate logo, or internationally recognized symbol, properly displayed in accordance with published federal, state, municipal, civic or church adopted guidelines and displayed on a designated pole located in a proper holder or in other ways approved by an appropriate national, state, municipal, civic or church agency. The maximum alIo'.ved is two (2) different flags per pole and only one (1) pole per lot or bay frontage. FLASHINC SICN A sign, cithcr fixed or portable, which uses or contains intcrmittent or a sequential flashing light sourcc with the cxception of a time or tcmpcraturc sign or Dow Jones average sign v..hich is part of a pcnnitted commercial sign. FL."'.. T SICN .\ sign erected parallel to, and extending not morc than eighteen (18) inchcs from, the facadc of any building to which it is attached and supported throughout its cntirc length by the facade of the building and not extcnding above or beyond thc building. FLOOD ( FLOODING) - Flood or (loodil1Z a A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters or the unusual and rapid accumulation of runoff of surface waters from any source. AREA OF SHALLOW FLOODING - Area of shallow floodinf! - a designated AO or YO zone on a community's flood insurance rate map (FIRM) with base flood depths from one (1) to three (3) feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indetenninate, and where velocity flow may be evident. BASE FLOOD Base (load - a A flood having a one (1 ) per cent chance of being equalled or exceeded in any given year. COASTAL HIGH HAZARD AREA Coastal hi)?h hazard area - tfle The area subiect to high velocity waters caused by, but not limited to, hurricane wave wash or tsunamis. The area is designated in a FIRM as zone V 1- 30, YE or Y. FLOOD HAZARD BOUNDARY MAP (FHBM) Flood JUlza,vd bObmdar; maJ) (FHBM) - iffi An official map of a community issued by the Federal Emergency Management Agency where the boundaries of the areas of special flood hazard have been defined. 29 April 3, 2007 FLOOD INSURANCE RATE MAP (FIRM) Flood insurancc ratc map (FJRl.f) - fffi An official map ofa community on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. FLOOD INSURANCE STUDY Flood insuranec study - the The official report provided by the Federal Emergency Management Agency which contains flood profiles, flood boundary-floodway map and water surface elevation of the base flood. SPECIAL HAZARD AREA Area of slJccfal flood hazard - taOO Land in the floodplain subject to a one (1 ) percent or greater chance of flooding in any given year. FLOODW A Y Flood~vav - tfle The channel of a watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1 ) foot. FLOOR AREA RA TIO (FAR) - A mathematical expression determined by dividing the gross floor area (GF A) of a building by the area of the lot on which it is located. Gross Floor Area / Lot Area = FAR. Lot coverage Total Coverage FAR, .5'" , ~-I ...IiJ ~.I!'!!J'" Lot coverage Lot coverage 1/2 Coverage 1/4 Coverage ~ FAR = 1 FAR = 2 FLOOR ."'.REA, MINIMUM Thc area ofthc floor or floors measured from thc centerline of the exterior 'Nalls to the centerlinc of dividing ,valls. The area for garages, roofed over screencd porches and utility rooms shall be credited for fifty (50) pcrcent offloor area. Open porches and carports shall be credited '.vith twenty five (25) percent of floor area. .^.ccessory buildings shall not count as floor area ifnot accessible from the interior ofthc building. Not more than ten (10) percent of any minimum floor area shall be credited to scrcened in porches or breezeways. FLORIST ~ An establishment primarily engaged in retailing cut flowers, floral arrangements, and potted plants purchased from others. These establishments usually prepare the arrangements they sell. FOOD PROCESSING - An establishment primarilv engaged in processing canned, pickled, and dried fruits, vegetables, specialty foods, snacks, and spices. 30 April 3, 2007 FOOTWEAR & OTHER LEATHER PRODUCTS - An establishment primarily engaged in manufacturing and fabricating footwear and other leather products from purchased leather or leather substitutes (i.e., fabric, plastics). FORTUNE TELLER I PSYCHIC Fortunc tc!ler/psychic. Person v..ho makes predictions about the future tlB-ough methods including astrology, palm reading, psychic abilities, crystal balls, tarot cards, or examining tea leavcs. FOSTER CHILD - A child in foster care who has been placed in a foster home by the State of Florida. FOSTER HOME OR FOSTER CARE. FOR CHILDREN - A family foster home as defined by the Section 109.175, Florida Statutes, and which conforms to the definition of "family." FREESL\.NDINC SICN .^, monument or ground mounted sign identifying the usc of the property upon which it is located. Ground mounted signs may be supported by one or more poles, provided that the bottom of the sign or cabinet is no more than two (2) feet above grade and that the polcs and complete length of the sign or cabinct are clad in the samc or like material, completely to the ground. .^.Iternatiyes to the cladding requircment may be considered if the design of the sign conforms to the architectural design of the building(s). FRONT AGE STREET - See "STREET, MARGINAL ACCESS Marginal Access Street." FROZEN FOOD - An establishment primarily engaged in processing and freezing fruit, iuices, vegetables, and specialty foods, such as dinners, entrees, and side dishes; pizza; whipped toppings; and waffles, pancakes, and french toast. FUNCTIONAL CLASSIFICATION - The assignment of roads and streets into systems according to the character of service they provide in relation to the total road network. Basic functional categories include arterial roads, collector roads and local roads which may be subdivided into principal, major or minor levels. Those levels may be additionally divided into rural and urban categories. FUNCTIONALL Y DEPENDENT FACILITY - FU}1ctionEJ!lr d-c13cndcnt (aeility - a A facility which cannot be used for its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, ship repair or seafood processing. The term does not include long-term storage, manufacture, sales or service facilities. FUNERAL HOME - An establishment engaged in preparing the dead for burial or interment and conducting funerals (i.e., providing facilities for wakes, arranging transportation for the dead, selling caskets and related merchandise). This would include a crematorium as an allowable accessory use. 31 April 3, 2007 Manufacturing offurniturc, cabinets, \vooden ';anities, 'Nood; also, furniture repair, refinishing and re FURNITURE & HOME FURNISHING - An establishment that engages in the retail sales of furniture and related home accessories. FURNITURE PRODUCTS - An establishment that makes or repairs furniture and related articles, such as mattresses, window blinds, cabinets, and fixtures. The processes used in the manufacturing of furniture include the cutting, bending, molding, laminating, and assembly of such materials as wood, metal, glass, plastics, and rattan. This use also includes furniture repair, refinishing, and reupholstering. CAR-\CE, PUBLIC P.....R..l{J.NC storage for motor yehicles. A building or other structure which provides parking or GARBAGE Garbagc - a Animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food. CASOLINE DISPENSINC EST ABLI8HMENTS Commercial entcrprise, including automoti';e service stations and convcnience stores, which engage in tho sale or other motor fuels to the public. GASOLINE STATION WITH CONVENIENCE STORE - An establishment engaged in retailing automotive fuels (i.e., diesel fuel, gasohol, gasoline), which may be in combination with convenience store or food mart items. These estabIishrnents can either be in a convenience store (i.e., food mart) setting or a gasoline station setting. It may include AUTOMOTIVE, MINOR REP AIR as an accessory use. GAZEBO - See "OPEN-AIR P A VILLION". GENDER - Gender. A word importing the masculine gender only may extend and be applied to females and to firms, partnerships and corporations as well as to males. GENERAL DEVELOPMENT PLAN - Also known as the Comprehensive Plan, it is the official public document adopted by the City of Boynton Beach in accordance with Florida law, as a policy guide to present and future land use decisions. GEOGRAPHIC SEARCH AREA - An area designated by a wireless provider or operator for a new base station, produced in accordance with generally accepted principles of wireless RF engmeenng. GLASS PRODUCTS - An establishment primarily engaged in processing (i.e. coating, laminating, tempering, shaping) purchased glass and/or glass products. 32 April 3, 2007 GOVERNING BODY - Means the Citv Commission of the Citv of Boynton Beach. GOVERNMENT - Any direct agency of any federal, state, county, or city government including schools and the U.S. Postal Service. COVER.~MENT SICN .'\ny temporary or permancnt sign erect cd and maintaincd by the city, county, state or federal government or any ofthcir legal entities. GRADE, FINISHED - The average level of the finished surface of the ground adjacent to the exterior walls of the structure. ...;;"~-,;.' J 1--1 .. .. HI.~ PoI~~\ '<,:;,,:""" '.:: "-" ,'>;" GRADE SEPARATED INTERSECTIONS - Use of the term grade separated intersections shall mean any intersection wherein one road passes over another road by means of a bridge or an overpass. GRADES & STANDARDS FOR NURSERY PLANTS - The Standards for Florida No.1 or better as given in "Grades and Standards for Nursery Plants" Part I, 1963 and Part II, State of Florida, Department of Agriculture, Tallahassee, or equal thereto. These standards are amended from time to time. GROCERY STORE - An establishment (generally known as a supermarket) is primarily engaged in retailing a general line of food, such as canned and frozen foods; fresh fruits and vegetables; and fresh and prepared meats, fish, and poultry, and those services customarily incidental to the principal use. GROSS FLOOR AREA (GF A) - The total floor area of a building or a use occupying part of a building, measured from centerlines of partitions and exterior of outside walls. Gross floor area shall include all floor area occupied by the main or principal use, plus any floor area occupied by accessory uses such as storage rooms, maintenance and mechanical rooms, offices, lounges, restrooms, lobbies, basements, mezzanines and hallways. CROUND SICN ;\ny sign, other than a pole sign, in 'Nhich thc entire bottom is in contact with or is close to the ground and is independent of any other structure. 33 April 3. 2007 GROUND\V A TER - Water occurring beneath the surface of the ground, whether or not flowing through known or definite channels. GROUP HOME - A facility that provides short-term or long-term lodging for three (3) or more unrelated individuals in dwelling units or sleeping rooms which operate primarily on a referral basis from state, county, or local social service agencies and / or self-help programs. These facilities may offer in addition to lodging accommodations, meals, resident support services, counseling, guidance and varying levels of medical care. The term "group home" includes but is not limited to nursing homes, adult congregate living facilities (ACLF), assisted living facilities (ALF), group care homes, community residential homes, recovery homes, and residential treatment facilities. The following are group homes defined by type: TYPE 1 - A home of not more than six (6) residents which is licensed to serve clients of the Florida Department of Health and Rehabilitative Services and which provides a living environn1ent for residents who operate as a functional equivalent of a family, including such supervision and care by supportive staff as may be necessary to meet the physical, emotional, and social needs of the residents, but which mayor may not be licensed by the Florida Department of Health and Rehabilitative Services. TYPE 2 - A home with no less than seven (7) or more than 14 residents which is licensed to serve clients of the Florida Department of Health and Rehabilitative Services and which provides for a living environment for residents who operate as a functional equivalent of a family, including such supervision and care by supportive staff as mav be necessary to meet the physical, emotional, and social needs of the residents, but which are not licensed by the Florida Department of Health and Rehabilitative Services. This definition includes all facilities operating for such purpose or intent, but which mayor may not be licensed by the Florida Department of Health and Rehabilitative Services. TYPE 3 - A home with 15 or more residents which is licensed to serve clients of the Florida Department of Health and Rehabilitative Services and which provides for a living environment for residents, including such supervision and care by supportive staff as may be necessary to meet the physical, emotional, and social needs of the residents. This definition includes all facilities operating for such purpose or intent, but which mayor may not be licensed bv the Florida Department of Health and Rehabilitative Services. TYPE 4 - A home for seven (7) or more individuals classified as participants in inmate release programs, battered women, runaway children, recovery homes, and residential treatment homes, which is licensed to serve clients of the Florida Department of Health and Rehabilitative Services and which provides for a living environment for residents, including such supervision and care by supportive staff as may be necessary to meet the physical, emotional, and social needs of the residents. This definition includes all facilities operating for such purpose or intent, but which mayor may not be licensed by the Florida Department of Health and Rehabilitative Services. GUYED TOWER Guyed tower - See "ANTENNA SUPPORT STRUCTURE".A telecommunication tower that is supported, in whole or in part, by guy ",ires and grow1d anchors. GYM. FITNESS & HEALTH CLUB - An establishment primarily engaged in operating fitness and recreational sports facilities featuring exercise (weight training, aerobics, yoga) and other 34 April 3, 2007 active physical fitness conditioning or recreational sports activities, such as swimming, skating, handball, racquet sports, and the like. CYMNASIUM .\n establishment designed and equipped for the conduct of sports, exercise, leisure time activities, or othcr customaI)' and usual recreational acti'.-ities and operated either for profit or not for profit. ~ ::~:V.A... Y HOUSE Half.va}' housc. .^.. residential facility used to house individuals being tr~nsitioned from penal or other institutional custody back into the larger society. HANDOFF CANDIDATE - A wireless communication facility that receives call transference from another wireless facility, usually located in an adiacent first "tier" surrounding the initial wireless facility. HARDWARE STORE - An establishment primarily engaged in retailing a general line of new hardware items, such as tools and builders' hardware. HAZARDOUS MATERIAL - Any substance or material which has been determined by the secretary of the United States Department of Transportation to be capable of imposing an unreasonable risk to health, safety and property. This term includes hazardous waste as defined in the Florida Statutes s. 403.703(21 ). HEAL TH CLUB - See "GYM, FITNESS & HEALTH CLUB" - "Gymnasium. " HEAL TH & PERSONAL CARE (EYEGLASS, VITAMINS, HEARING-AIDS) _ An establishment primarily engaged in the retail sales of convalescent supplies, eyeglasses, hearing aids, vitamins, and the like. ~~IC~~ (SICN) The vertical dimension measured from the highest point of the sign to the mean surface grade surrounding the bottom of the sign. HOME IMPROVEMENT CENTER - An establishment primarily engaged in retailing a variet of new home re air and im rovement materials and su lies such as lumber lumbin oods electrical oods tools housewares a liances hardware and lawn and arden su lies with no one merchandise line predominating. The merchandise lines are normally arranged in separate departments. HOME OCCUPATION - The home business operation of an individual and / or members of the immediate family conducted inside a dwelling unit within a zoning district that allows for residential uses, when such dwelling unit is the principal use of the property and all the applicable conditions of this Code can be affirmatively evidenced and complied with. j\ny occupation in ~~~~~~:n '>'lith '.vhich there is kept no stock in trade nor commodity sold upon the premises, no ~~r~~ employed other (haA a memher eflhe immediate fumily rosidiAg U~OA the ':':::~ :: no mochaTIlcul eqUIpment used cxcept such as IS peillnssIblc for purely domestIc h purposes. HOSPITAL - An establishment tYPically referred to as an institution ( excluding MENTAL HEA TH OR SUBSTANCE ABUSE CENTERS) that provides comprehensive, inpatient and out aticnt healthcare includin tical emer enc medical sur ical dia ostic rehabilitation 35 April 3, 2007 and treatment services, as well as other specialized services ranging from bariatrics to wound care. This use would also include accessory meeting / conference facilities, limited retail sales, and administrative offices. HOTEL - Hef.e.I. A building or portion thereof containing fifty (50) or more guest rooms, efficiency units or suites designed for the temporary lodging of transient guests rented on a daily basis and occupied for less than thirty (30) days. Ancillary facilities may include conference facilities, restaurants, bars, recreation facilities, ballrooms, banquet rooms and meeting rooms. Access to the guest quarters shall be through an inside lobby and corridors or from an exterior court which is within a secured area. HOTEL .^JlY building containing principally sleeping rooms in which transient guests are lodged with or \vithout meals, with no provision made for cooking in any individual room or suite and having or not having one (1) or more dining rooms, restaurants or cafes as accessory uscs. Such building would structurally and for purposes of safety be obliged to conform to the laws of the hotel arid restaurant commission (Division of Hot cis and Restaurants of the Departmcnt of Business Regulation). HOTEL: APARTMENT - Any hotel building containing a mixture of sleeping rooms and apartment suites for transient guests only, and which shall not serve as the primary or permanent residence of the occupants. Buildings designed as hotel apartments shall have not more than onc- third of the total units devoted to apartment suites. Dining rooms and lounges shall be permitted as accessory uses. Hotel apartment suites shall have a minimum gross floor area offive hundred (500) square feet. HOTELS, BOUTIQUE - A small luxury hotel containing ten (10) to fifty (50) guest rooms. Meal service is usually breakfast only, but in some instances high-quality dinner and/or lunch service and room service may also be provided. HOTEL. EXTENDED STAY - Hotel, extended stav. Anv all-suite hotel that provides visitors with a full kitchen and more than five percent (5%) of its rooms are occupied for at least thirty (30) days and no more than one hundred and eighty (180) days. HOTEL. TIMESHARE TIME SHl.RING HG-+B-b - The term shall include, but shall not be limited to, any building or part thereof in which the right of use or occupancy of any unit circulates among various occupants for specific periods of time less than a full year during any given year but not necessarily for consecutive years in accordance with a fixed time schedule on a periodically recurring basis extending for more than one year. Thc determination that a building, or part thereof, is a time sharing hotel shall bc made without regard to the form of ownership of the property or of the units therein and shall be immaterial whether the right of use or occupancy is derived from a lcasehold of fee interest. 36 April 3, 2007 HOUSE EAVES - a A nonstructural portion of any building or structure extending beyond the vertical plane of the foundation. HOUSE TRAILER - (al) A trailer or semitrailer which is designed, constructed and equipped as a dwelling place, living abode or sleeping place (either permanently or temporarily) and is equipped for use as a conveyance on streets and highways, (b~) or a trailer or semitrailer the chassis and exterior shell of which is designed and constructed for use as a house trailer, as defined in paragraph (al), but 'Nhich is used instead, permanently or temporarily, for the advertising, sales, display or promotion of merchandise or services or for any other commcrcial purpose except the transportation of property for hire or the transportation of property for distribution by a private carrier. HOUSEHOLD - All all persons who occupy a dwelling unit. A person living alone or any group of persons sharing a dwelling unit is a household. ICE CREAM & FROZEN DESSERT - An establishment primarily engaged in the manufacturing frozen desert products such as ice cream, yogurts, ices, sherbets, and other desserts (except bakery products). IDENTIFICA. TION SICN A non illuminated sign affixed to thc rear of a building bcaring the business name and/or address of the occupant, with an area not exceeding threc (3) square feet.: ILLUMINATED SICN .'\ny sign 'which has characters, letters, figures, designs or outline illuminated by electric lights or luminous tubes as a part of the sign proper. IMPACT FEE - A charge applied to new development to generate revenue for the construction or expansion of capital facilities located off-site that benefit the contributing development. A land development regulatory fee charged to ne"v developmcnt which creates a need for capital impro'.'ements. IMPACT FEE Parle and recreation facilities impact fee. 37 Apnl 3, 2007 IMPACT FEE COORDIN."'..TOR The Director ofPurks or the pcrson desi~nated to perform such functions as designated under this section. IMPROVEMENT - Includes, but not limited to, street pavements, curbs and gutters, sidewalks, alley pavements, walkway pavements, water mains, sanitary sewer, storm sewers or drains, street names, signs, landscaping, permanent reference monuments (PRMs), permanent control points (PCPs), monuments, or any other improvement required by the City. INCOMBUSTIBLE MATERIAL - Any material which wilJ not ignite at or below a temperature of one thousand two hundred (1,200) degrees Fahrenheit and will not continue to bum or glow at that temperature. INCOME QUALIFIED HOUSEHOLD - Under the Workforce Housing Program provisions of these regulations, it is a household whose income is verified to be either Low Income or Moderate Income. INFEST A TION - Infestation the The presence of insects, rodents or other pests (see "EXTERMINA TION". IN-FILL HOUSING - meatl5 Means new residential units on parcels less than 5 acres that are not part of an approved planned unit development as defined by the City of Boynton Beach land development regulations. INFOMIATION & DATA PROCESSING - An establishment primarily involved in the compilation, storage, and maintenance of documents, records, and other tyPes of information. On-site activities include but are not limited to the folJowing: data entry, storage, conversion or analvsis, subscription, and credit card transaction proccssing, telephone sales and order colJection, mail order and catalog, and mailing list preparation. This use excludes the sale of computers, peripherals, hardware, or software. INGRESS - An entry. INSPECTOR - A city employee working as an inspector under the authority and direction of either the director of development, the director of public works, the director of utilities, the city engineer, or their designees. INTERIM SERVICES FEE - User charge applicable to structures certified for occupancy by the city development department but not appearing on the Palm Beach County tax rolls as an improvement to real property. INTERSECTION- See "STREET, INTERSECTION" See F.S. 316.003. INUNDA TION - Moving, standing or ponded water which is a nuisance, hazard or health problem. INVESTIGATIVE SERVICE - An establishment primarily engaged in providing investigation and detective services. 38 April 3, 2007 IRRIGATION SYSTEM- A system of pipes or other conduits designed to transport and distribute water to all landscape plantings. JANITORIAL - An establishment primarily engaged in cleaning building interiors, interiors of transportation equipment (e.g., aircraft, rail cars, ships), and/or windows. This use includes swimming pool maintenance and steam clean / pressure cleaning. JEWELRY. LUGGAGE & LEATHER GOODS - An establishment primarily engaged in retailing new iewelry (except costume jewelry); new silver and plated silverware; new watches and clocks; and new luggage with or without a general line ofne\v leather goods and accessories, such as hats, gloves, handbags, ties, and belts. JEWELRY MFG - An establishment primarily engaged in one or more of the following: (1) manufacturing, fabricating, engraving, or etching jewelry or metal personal goods; (2) stamping coins; or (3) cutting, slabbing, tumbling, carving, engraving, polishing, or faceting precious or semiprecious stones and gems.. JUNKY ARD - An open area where waste, used or secondhand materials are bought, sold, exchanged, stored, baled, packed or disassembled, including, but not limited to, scrap iron and other metals and waste materials. A junkyard includes an automobile wrecking yard and secondhand automotive parts yard. LAND DEVELOPMENT PERMIT - A permit issued by the City Engineer prior to commencement of construction ofrequired improvements after final record plat approval by the City. LAND DEVELOPMENT REGULATIONS (LDR) - Ordinances of the City that govern any aspect of the development, redevelopment and improvement oflands lying in the jurisdiction of the City, and include but are not limited to zoning, subdivision, health, environmental, landscaping, parking or sign regulations. These regulations are amended from time to time as deemed necessary by the City. LANDSCAPE ARCHITECT - Professionally educated and licensed person who is authorized to prepare landscape plans, specifications and provide expert testimonv in regards to site development and compliance with municipal landscape regulations. LANDSCAPE BARRIER - A landscape barrier is a near solid element combining a wall and / or natural vegetation intended to block all direct and reasonable views to a given use such as overhead bay or service doors, automotive repair or the like, outdoor storage areas, parked vehicles, etc. The landscape barrier shall be comprised of a berm, buffer '.vall and/or natural vegetation (as deemed uppropriate by the city) consisting of various trees species planted tip to tip in two or more staggered rows, and shall include species such as Southern Red Cedar, Silver Buttonwood, Dahoon Holly, Blolly, Palutka Holly, Redbay, Sweet Bay, Southern Coastal \Villo'N, Sv..eet Acacia, Spanish Stopper, Geiger Tree, Cherry Laurel, Yaupon, Black Ironwood, Lancev/ood, Coffee Colubrina, Crab\vood, Wild Lime, Willo\v Bustic, Torchwood or other tree species found comparable by staff. Tree species selected shall be those '.'lith maximum density and minimum deciduous characteristics. Various sh."1lb species ranging in heights from 30 inches to 36 inches when planted tip to tip shall include species such as Firebush, Wax M)rtle, \Vild Coffec, Florida Trema, Florida Privet, Marlberry, Myrsine, Spicc'Nood, Nccklace Pod, Tetrazigia, 39 April 3, 2007 or other species found comparable by staff v.hich when planted form a continuous visual screen v..hen planted. LANDSCAPE BUFFER SCREEN - A continuous row of plant material and/or wall (or other durable barrier) placed, for example, where a vehicle use area abuts the adjoining rights- of-wav and adjacent property. The materials uscd to establish the landscape screen are defined under the respective sections belO\v, and arc planted to form a co~tinuous screcn of plant material v..ithin a maximum of one (] ) year after timc of planting. The hcdgc element shall be maintained at four (1) feet. and the wall used in place of the hedge shall be no less than three (3) feet high and combined with a minimum of t'NO hedgc pla~ts placcd on the outside of the wall and spaced evcry 10 lineal feet. LANDSCAPE SCREEN - A landscape screen is a continuous row of plant material and/or wall (or other durable barrier) placed where the vehicle use area abuts the adioining rights-of-way and adjacent property. The materials used to establish the landscape screen are defined under the respective sections below, and are planted to form a continuous screen of plant material within a maximum of one (I) year after time of planting. The hedge element shall be maintained at four (4) feet, and the wall used in place of the hedge shall be no less than three (3) feet high and combined with a minimum of two hedge plants placed on the outside of the wall and spaced every 10 lineal feet. 40 April 3, 2007 LANDSCAPED AREA - Landsctll3cd arca. An area not occupied by any structures or impervious surfaces, and landscaped with vegetative material pursuant to the Landscape Code regulations. Open space area not occupied bv any structures or impervious surfaces, and landscaped with '.'egetative material and ground covers pursuant to the Boynton Beach Landscape Code. LANDSCAPING - "Landscaping": Any of the following or combination thereof: Materials such as, but not limited to, grass, ground covers, shrubs, vines, hedges, trees or palms, and other material such as rocks, pebbles, sand, walls or fences, and decorative paving materials approved by the development department and the planning and development board. LATTICE TOWER - See "ANTENNA SUPPORT STRUCTURE". LA WN MAINTENANCE & LANDSCAPING SERVICE - A business principally engaged in the decorative and functional alteration, planting, and maintenance of property. This use excludes contractors who primarily use heavy equipment for tree trimming, grading, excavation, or the installation of irrigation systems. LAUNDRY AND DRY CLEANINC, SELF SERVICE A business that provides home typc 'Nashing, drying, dry cleaning and/or ironing machines for hire, to be used by customers on the premises. LEGAL ACCESS - See "ACCESS, LEGAL" ^ dedicated and recordcd right of way, or easement, excluding utility or drainage casements, affording perpetual ingress and cgress from a subject propcrty to a public thoroughfare. LEGAL ENTITY - An entity that holds a certificate of authorization issued under Florida Statutes whether the entity is a corporation. partnership, association, or person practicing under a fictitious name. LEVEL OF SERVICE - The extent or degree of service provided by or proposed to be provided by a public facility, based on and related to the operational characteristics of the public facility. LIMITED ACCESS - See "STREET, LIMITED ACCESS" A highway or freeway which does not permit acccss except at authorized and controlled points. The acquisition of right of 'Nay for such highways or freeways usually includes the acquisition of access rights thereto. l\CCeSS may also be limited through methods other than acquisition of access rights. LIMITED ACCESS EASEMENT - See "EASEMENT, LIMITED ACCESS" A strip ofIand which does not permit access except at authorized and controlled points. LISTED HISTORIC STRUCTURES (MIXED USE REGULATIONS) - Listcd Historic Structurcs Includes all structures listed as eligible for designation in "The Citv ofBovnton Beach Historic Sites Survev" as prepared by Research Atlantica, Inc, September 1996, including ef any subsequent updates to that study. In the Mixed Use zoninl': districts, the structure may function as its intended use or be adapted to other allowed uses, provided the exterior of thc structure maintains its original architectural integrity, notwithstanding any modifications necessary to mect the requirements of the Americans v..ith Disabilitics Aet (ADA). 41 April 3, 2007 LITTORAL ZONE - That region of the shoreline beginning at the Ordinary High Water (OHW) mark and extending waterward to a maximum depth of minus three (-3) feet OHW. LIVE / WORK UNIT - Live/\vork unit. A commercial unit with incidental residential accommodations occupying one (1) or more sleeping rooms or floors in a building primarily designed and used for commercial occupancy and providing the following; (1) adequate workin~ space reserved for commercial use and regularly used for such purpose by one (1) Of more persons residing in the unit; and (2) living space containing, but not limited to, a sleeping area, food preparation area with reasonable work space and a full bathroom. LOADING SPACE - Accommodations offthc Off-street accommodations for loading effie and unloading fl:em trucks, in the form of one (I) or more truck berths located either within a building or in an open area on the same lot. LOCAL STREET - See "STREET, LOCAL" ^ street ShOWR or described as such accordin:= the current or most recent functional classification contained in the City of Bo):t~~ ~; Comprehensive Plan, as adopted and amcnded. LOCKSMITH - An establishment primarily engaged in the installation, accessory sales, repair, or adiusting service of mechanical or electronic locking devices, safes, and security vaults. LOGO - See "SIGN, LOGO" .^. symbol of a company or business. LOT - Includes Traet or Parcel and means the least fractional Part of subdivided lands having limited fixed boundaries, and an assigned number, letter or other name through which it may be identi fi cd, Is ei ther: I. A lot 0 f record as port of. laRd suMi vi SiOfl, recerded i A th~:;:~~ ~~:: cler" of the Clrcu,t court of Palm Beach Count)', afId e."hflg efl the eftech,e. ~ ~7;~I~~, ~ ~y applicable subsequeRt amefldmeflt thereto, or 2" ,~tmct Of!:: :~~~ ::~ e I' lit Ie documeflt or a 'ract 0 f I aAd, e' ther uflsubdiVIded or cOfls"tmg of .butt, I . ~:= which on the effective date of these rogulations or any applicablo subsequent am~nd~;~n~ t , 42 April 3, 2007 "vas in one ownership, or 3. A tract of land, which at the time of filing for a building permit is designated by its o"vner or developer as a tract all of which is to be used, devcloped or built upon as a unit undcr one ownership. LOT AREA - The total area of a lot measured from included v..ithin lot lines. LOT COVERAGE - The area ofthe lot expressed as a percentage of the total lot area covered by the ground floor of all principal and accessory structures including all areas covered by the roof of such uses and structures measured along the exterior faces of the walls or along the foundation wall line or between the exterior faces of supporting columns or from the centerline of walls separating two buildings or as a combination of the foregoing whichever produces the greatest total ground coverage for such uses and structures. That portion of the arca of a lot, expressed as a percentage, occupicd by all buildings or structures 'Nhich are roofed or othcf\vise covered and that extend more than three (3) feet above thc surface ground level. LOT DEPTH - The length of a straight line drawn from the midpoint of the front property line of the lot to the midpoint of the rear property line of the lot. - y Lo Depth LOT FRONT AGE - The property line adjacent to a public or private street; it is also the front property line. 43 Apnl 3, 2007 LOT WIDTH - The distance between the side lot lines measured at right angles to the lot depth at a point between the front and rear property lines. LOT, CORNER - Either a lot bounded entirely by streets or a lot which adjoins the point of intersection of two (2) or more streets. LOT :..INTERIOR - Any lot that is neither a corner lot nor a through lot. LOT, THROUGH (DOUBLE FRONTAGE) - Any lot, not a corner lot, having both the front and rear property lines adjacent to a public street. LOT, ~rIDTH Thc distancc between the side lot lines measured at right angles to the lot depth at a point bctwecn the front and rear property lines. LOUVERS - Lab/vcrs means a A series of removable, fixed-slanted or movable slats. (Glass- louvered is descriptive ofialousies. Glass, wood or metal ialousies are considered to be louvers. Awning-type windows having sections more than twelve (12) inches in depth are not considered to be louvers). LOW INCOME HOUSEHOLD ~ Under the Workforce Housing Program provisions of these regulations, it is a household with a gross, combined income below 80% of the Palm Beach County Annual Median Household Income as defined by HUD. LUMBER STORES, BUILDINC M.A TERIALS STORES, ;\...l\ID LUMBER YARDS Sale oflumber and other building materials, including cutting offinished lumber products to length or size for sale on premises. MAJOR DRIVE "r.,.,. Y .^. main ingress or egress to a public street from the site of any development generating more than 1,000 vchicular trips per 2 -4 hour day or more than 250 trips in 44 April 3, 2007 any singlc hour including, but not limited to, a shopping center, multiple family de'.'clopment, industrial park, hospital or any othcr use. M;\JOR REP."',.IRS Thcy shall include complete engine overhaul and/or replacement of intcrnal parts of engines. .."'Iso included is repair of any portion of the drive mechanism, body and fendcr v.'ork, painting and customizing. MAJOR THOROUCHF ARES municipalities. .^. maIn traffic artery connecting two (2) or more MALL - A single building, enclosing a number of tenants and occupancies wherein two (2) or more tenants have an entrance into an enclosed, roofed over area designed as a pedestrian public way. MANGROVE TREES - Mannove trees: A "mangrove tree" is any plant belonging to any of the following species of mangroves: Rhizophora mangle, the red mangrove; Lag:uncularia racemosa, the white mangrove, and A vicennia ni tida, the black mangrove, or Conocarpus erectus, the green buttonwood. MANGROVE STAND - Mang,"ovc stand - an assemblage of trees which contain one or more of the following species: black mangrove, red mangrove, white mangrove and buttonwood. MARINA, INCLUDING YACHT CLUB - A facility designed to provide a variety of accommodations and services for local or transient boaters, such as fueling, dockage, wet storage, and retail sales of marine supplies, and equipment, boats, motors and trailers, '.vet or dry storagc, hauling, making minor repairs or alterations; thc latter "vhile in wet or dry storage. Whero possible, all rcpairs, especially major repairs, '.viII be accomplished \yithin an enclosed or thrcc quartcr enclosed building. Facilities must be provided at every marina to accommodate proper sanitary sewer and water connections as well as to maximize flushing of the impacted marine basin. MARINE ACCESSORIES - Retailing new and / or used outboard motors, boat trailers, marine supplies, parts, and accessories. Machine shops and / or the on-site installation of marine accessories are prohibited. :MARTIAL ARTS, GYMNASTICS. AND DANCE STUDIO - An establishment primarily engaged in offering instruction in arts or recreation, including martial arts, gymnastics, and dance studios. MASTER PLAN - A drawing which shows the intended division of and improvements on one or more parcels filed in coni unction with a formal application for a rezoning to a planned zoning district real property. 45 April 3, 2007 MASTER STORM WATER MANAGEMENT PLAN - Documents outlining proposed primary and secondary drainage and storm water treatment facilities. MATERIAL (FILL) - Sand, clay, rock, muck, gravel, loam or like materials existing or hauled to the site. MEAN SEA LEVEL - .\lam sea level the The average elevation of the sea for all stages of the tide. The term is synonymous with national geodetic vertical datum (NGVD). MEDIAN HOUSEHOLD INCOME (MHI) - Under the Workforce Housing Program provisions of these regulations, it is the Palm Beach County Median Household Income, adiusted for family size, as published by the Department of Housing and Urban Development (HUD). MEDICAL OR DENTAL IMAGING I TESTING - An establishment that is primarily engaged in providing analytic or diagnostic services, including body fluid analysis and diagnostic Imagmg. MEDICAL OR DENTAL LABORATORY - An establishment that offers diagnostic or pathological testing and analysis of blood, blood fluids, pathological specimens, DNA sampling and analysis, and any other diagnostic test commonly used in the healthcare industry. This use also includes dental laboratories, which are establishments primarily engaged in manufacturing dentures, crowns, bridges, and orthodontic appliances customized for individual application. MEDICAL OR DENT AL OFFICE -A facility operated by one or more physicians, dentists, chiropractors, or other licensed practitioners of the healing arts for the examination and treatment of persons solely on an outpatient basis. This use excludes patients of ME NT AL HEALTH OR SUBSTANCE ABUSE CENTERS. MEDICAL EQUIPMENT & SUPPLIES - An establishment Plimarily engaged in manufacturing medical equipment and supplies. Examples of products made by these establishments are laboratory apparatus and furniture, surgical and medical instruments, and surgical appliances. MEDICAL OUTPA TIENT FACILITY Mcdica! outpatie:1t faeility. fill establishment '.vhere patients who are not lodged overnight, but are admitted for examination and treatmcnt by a group of physicians, dentists, or other health care profcssionals. MERCHANDISE. NEW (SUPERCENTER. DISCOUNT. DEPARTMENT. CLUB) - An establishment primarily engaged in retailing a wide range of the following new products with no one merchandise line predominating: apparel, furniture, appliances and home furnishings; and selected additional items, such as paint, hardware, toiletries, cosmetics, photographic equipment, iewelry, toys, and sporting goods. Clubs and Supercenters include perishable items. 46 April 3, 2007 MERCHANDISE. USED (ANTIQUE SHOP) - .1ntiquc shops or Auction house. An establishment primarily engaged in the retail sales of obiects of value, of which, are at least 50 years old and / or collectibles that are desirable due to rarity, condition, utility, or some other unique feature. Any premises us cd for the retail sale, trading or auction of QJ1icles of which eighty pcrcent (80~\') arc ovcr fifty (50) years old or have collcctible value. .^~ntique shop or Auction house docs not include "secondhand store" or auction of used merchandise. MERCHANDISE. USED (CONSIGNMENT. PAWNSHOP. THRIFT) - An establishment primarily engaged in the sale of used merchandise which includes one of the following: (l) secondhand sales of personal items resold through a broker (consignment); (2) loaning money on the security of pledges of personal property (pawnshop); or (3) merchandise principally donated (thrift store). This classification does not include the sale of secondhand motor vehicles, parts, or accessones. MET AL, F ABRICA TED PRODUCTS - An establishment primarily engaged in manufacturing one or more of the following: (l) prefabricated metal buildings, panels and sections; (2) structural metal products; and (3) metal plate work products. These establishments transform metal into intermediate or end products, other than machinery, computers, and electronics. Processes may include, stamping, bending, forming, and machining, used to shape individual pieces of metal; and other processes, such as welding and assembling, used to ioin separate parts together. This use excludes drop forging. MICROWAVE DISH ANTENNA Mierowa'.'c dish anten;ia - A dish-like antenna used to link personal wireless service sites together by wireless transmission of voice or data. MILL ~!ORK Manufacturing ofIumbcr and wood pattcrns, stock and workings, including, but not limited to, manufacturing of wooden flooring, shingles, doors, windows, frames, trusses, stairs and other fabricated structures; veneer, pl)'\vood and railings, 'Nood pallets and containers, \vood buildings and turned or shaped wood products. MINIMUM FLOOR AREA, MINIMUM The area of the floor or floors measured from the centerline of the exterior walls to the centerline of dividing walls. The area for garages, roofed- over screened porches and utility rooms shall be credited for fifty (50) percent offloor area. Open porches and carports shall be credited with twenty-five (25) percent of floor area. Accessory buildings shall not count as floor area ifnot accessible from the interior of the building. Not more than ten (10) percent of any minimum floor area shall be credited to screened-in porches or breezeways. MININC Removal of matelials from a sitc in quantities cxceeding v,hat is physically neccssary to devclop the site. Mining is prohibited in thc City of BO)TIton Beach. MINOR REPAIRS They shall include engine tune up, carburetor repairs, whecl balancing and replacoment and/or rcpair of extcrnal parts of cngines. MITIGATION. WCF - Under the provisions of the Wireless Communication Facilities section of these regulations, it is a modification of an existing antenna support structure to increase the height, or to improve its integrity, or to replace or remove one or several antenna support structure s located in roximit to a ro osed new antenna su ort structure in order to 47 April 3, 2007 encourage compliance with this ordinance or improve aesthetics or functionality of the overall wireless network. MIXED USE DEVELOPMENT - Mixed use ac','C!oomcnt. .'\ combination of two (2) or more uscs on a single parcel, tract or dcvclopment pod. In the Mixed Use High Intensity Zoning District, this shall consist of a structure or series of structures containing retail office and residcntial uses arranged vertically. In the Mixed Use Low Intensity and Suburban Mixed Use Zoning Districts, mixed use can refer not only to uses within single buildings, but to differcnt uses mixed in close proximity in a single devclopment. The development of a single building or single parcel to contain two or more of the following tyPes of uses: residential, retail/commercial, office or institutional. Mixed uses may be combined vertically within the same building or placed side by side on the same parcel, provided that they are in close proximity, planned as a unified and complementary whole and functionally integrated to make the use of shared vehicular and pedestrian access and parking areas. ;\UXED USE DEVELOPMENT Mixed usc development. The de';elopment of a single building or single parcel to contain two or more of the following typcs of uses: residential, retail/commcrcial, office or institutional. Mixed uses may be combined vertically \vithin the same building or placed side by sidc on thc same parcel, provided that they arc in closc proximit~'f planned as a unified and complementary '.vhole and functionally integrated to make the use shared vehicular and pedestrian access and parking areas. MIXED USE POD - I._Mixed Usc Pod componcnts and dcfinition. a. For the purpose of this subsection, a Mixed Use Pod is defined as a A development project located entirely within a previously approved Planned Industrial Development (Pill} which, when complete, will have all of the following uses: 1) Multi-family residential.;_)) Commercial/retail; and 3) Office and professional. The residential component of the Mixed Use Pod may include fee simple and rental dwelling units. A Mixed Use Pod is the aggregate of all land within the PID designated for mixed use. MOBILE HOl\IE - A manufactured detached, transportable, single family dwelling unit designed for long tenn occupancy and arriving at the site where it is to be occupied as a complete dwelling unit, containing all conveniences and facilities, with plumbing and electrical connections provided for attachment to approved utility systems. To retain mobility, undercarriage and axles must remain attached to the unit. MOBILE HOME SUBDIVISION (pARK) - A subdivision ofland for the sale of mobile home lots. MODERA TE INCOME HOUSEHOLD - Under the Workforce Housing Program provisions of these regulations, it is a household with a grOSS, combined income between 80% and 120% of the Palm Beach County Median Household Income (as defined bv the Florida Housing Finance Corporation). MONOPOLE TOWER - See "ANTENNA SUPPORT STRUCTURE, MONOPOLE". 48 April 3, 2007 MONOPOLE TO~'ER },{onopo!c tm,'c:' A telecommunication tov..er consisting of a single pole or spire self supported by a permanent foundation, constructed \vithout guy wires and ground anchors. MONUMENT SICN ^ freestanding sign situated directly on the ground or mounted completely along the bottom of the sign cabinet to a 10'.'.' profile base or pedestal. MOTEL A building or group of buildings which contains sleeping accommodations for transient occupancy, and has individual cntrances to serve such sleeping units. No pro';isions shall be made for cooking in any individual room. Motels may have one or more dining rooms, restaurants or loungcs as accessory uses. MOTEL - Motel. A building or group ofbuildings designed to provide sleeping accommodations for transient or overnight guests. Each building shall contain a minimum often (I 0) residential units or rooms, which generally have direct access to a parking lot, street, drive, court, patio, etc. MOTEL APARTMENT - Any motel building containing a mixture of sleeping rooms and apartment suites for transient guests only, and which shall not serve as the primary or permanent residence of the occupants. Buildings designed as motel apartments shall have not more than one-third of the total units devoted to apartment suites. Dining rooms and lounges shall be permitted as accessory uses. Motel apartment suites shall have a minimum gross floor area of five hundred (500) square feet. MOTOR VEHICLE - See "AUTOMOBILE". MOTOR VEHICLE SEATING & INTERIOR TRIM - An establishment primarily engaged in manufacturing motor vehicle seating, seats, seat frames, seat belts, and interior trimmings. MOTOR VEHICLE. WRECKED - See "WRECKED MOTOR VEHICLE". MUL TIFAMIL Y D~!ELLINC A building or other shelter that has been divided into separate units to house morc than one (I) family. MUL TIPLE-POINT LOCK - Multiple point !oek is Is a system of lever-operated bolts that engage a door opening, at least at the head and sill, operated by a single knob or handle from the inside and, optionally, by a cylinder-locked handle from the outside. MUNICIPALITY - The City of Boynton Beach, Florida. MURAL - Any mosaic, painting, or graphic art or combination thereof, which is professionally applied to a building. Such mural shall not contain any brand name, product name, abbreviation thereof, company or business name or logo, trademark or other commercial message. MUSEUM. HISTORICAL & CULTURAL - An institution that engages in the preservation and exhibition of obiects, sites, and natural wonders of historicaL cultural, and / or educational value. 49 April 3, 2007 NA TIONAL GEODETIC VERTICAL DATUM (NGVD) - National f?eodctie '.'crtical datu.'/1 (,VGVD) - a A vertical control used for establishing varying elevations within the floodplain. NA TIVE FLORIDA ECOSYSTEMS - Nativc Florida Ecosystcms: A self-organized ecosystem of a type existing in Florida prior to European colonization and containing predominantly native specIes. NEW CONSTRUCTION - Nc',v construction - Structures structures for which the "start of construction" commenced on or after the effective date of this article. NEWSRACK - Ncwsraeks. Any type of unmanned device located on ~ property utilized for the vending of free distribution of newspapers or new periodicals. NEWSSTAND - .^In'.'Sstand. A stall, booth, or store where newspapers and magazines are sold. NIGHTCLUB~ - ,Vight Club. See "BAR & NIGHTCLUB". l. facility operated as a commcrcial establishment in 'Nhich cating and/or drinking takes place, whcre alcoholic bevorages are scrvcd and where the provision of entertainment is the primary activity. Entcrtainment includes music by a livc musician or musicians, or any mechanical, electronic, or other means such as records, laserdiscs, audio, video, or othcr audio or audio visual means. Including acting, play performanccs, dancing, song and dance acts participated in by one or more employees, gucsts, customers or other person or persons. An establishment that provides background music, which is clearly incidental and allo\\'s for normal convcrsations levcls, shall not be considcred a night ffiHr. NOVEL TY, GIFT, SOUVENIR & MISCELLANEOUS - An establishment primarily engaged in retailing new gifts, novelty merchandise, souvenirs, greeting cards, seasonal and holiday decorations, and curios. This use would also include Christmas & holiday shops, tobacco & news stores, and the like. No used merchandise is sold at these establishments. NUMBER .^lumbc:'. A word importing the singular number only may extcnd and be applied to several persons and things as '.vcll as to one person and thing. NURSERY SCHOOL AND/OR PRESCHOOL FACILITIES and/or socializing center for children. See "DAY CARE". l. supervised training NURSERY. GARDEN CENTER. & FARM SUPPLY - An establishment primarily engaged in retailing nursery and garden products, such as trees, shrubs, plants, seeds, bulbs, and sod, that are predominantly grown elsewhere. These establishments may sell a limited amount of a product they grow themselves. NURSING HOME OR CONV."..LESCENT HOME- See "GROUP HOME" ;\ residential facility which is included under the definition of "nursing home facility", "facility", or "relatcd health care facility home" as set forth in Chapter 100, Part I, Florida Statutes, except that this definition shall apply to facilities of any capacity. 50 April 3, 2007 OATH - fJ.m.h. The word "oath" shall be construed to include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words "swear" or "sworn" shall be equivalent to the words "affirm" and "affirn1ed." OBLIGOR - Any person or entity who is obligated to pay a park and recreation facilities impact fee pursuant to the city's Park and Recreation Facilities Impact Fee Ordinance. OCCUP ANT-Occupant - Any person over one year of age living, sleeping, cooking or eating in or having actual possession of a dwclling unit. OCCUPATIONAL LICENSE - See "BUSINESS TAX" ^ liccnse to operate a business, profession, occupation or other operation within thc city limits, \vhich is issued in accordance \vith Chapter 13 of the City of Boynton Bcach Code of Ordinances. OFFICE SUPPLIES & STATIONERY - An establishment primarily engaged in one or more of the following: (1) retailing new stationery, school supplies, and office supplies; (2) selling a combination of new office equipment, furniture, and supplies; and (3) selling new office equipment, furniture, and supplies in combination with selling new computers. They exclude the sale of used merchandise. OFFICERS / AGENCIES - Officers, agcncies. Wherever reference is made in this Code or Regulations to any officer or agency, such as "city manager," "the mayor," "the city clerk," "planning and development board," and so forth, such reference shall be construed to mean such officer or agency of the city and shall include the duly authorized subordinates or personnel of such officer or agency. OFF PREMISES SICN /\ sign advertising an cstablishmcnt, merchandise, service or entertainment, which is sold, produced, manufactured and/or furnished, at a placc othcr than thc property on which said sign is located. OFF-PREMISES STORAGE - Storage which is not located on the same parcel as the principal use to which such storage is an accessory use. ON-PREMISES - At the place of business of a particular use, including the entire lot or parcel and any structure thereon, as opposed to on the customer's premises. ON PREMISES SICN .A. sign or sign device, indicating the business transacted, services rendered, goods sold or produced on the premises, including the name of thc business, person, finn or corporation occupying thc premises. Such sign shall be located where the use, for which the sign is identifying or advertising, is located. OPEN SPACE - A required exterior open area clear from the ground to the sky devoid of residential and commercial buildings, and accessory structures. 51 April 3, 2007 OPEN-AIR PAVILION (GAZEBO. TIKI HUT. CHICKEE HUT) - A detached ancillary structure, open on all sides, with a roof of some type, used for recreation/entertaining purposes. OPENING - Ooc:1inf? is Is a section of wall into which a door or an operable window is installed. OR. AND - Or, and. "Or" may be read "and," and "and" may be read "or" ifthe sense requires it. ORGANIZA TION. CIVIC & FRATERNAL - A registered association of persons for the promotion of some lawful, non-profit common obiective, involving literature, science, politics, or community service, which meets periodically and is limited to members and guests. ORNAMENTAL. CHINA. FINE EARTHENWARE. & POTTERY - An establishment primarily engaged in the manufacturing of earthenware, stoneware, and pottery products, such as dinnerware, art, and ornamental items. OUTFALL - A pipe which discharges treated stormwater into waterways. OUT-PATIENT MENTAL HEALTH & SUBSTANCE ABUSE - An establishment with medical staff primarily engaged in providing outpatient services related to the diagnosis and treatment of mental health disorders and alcohol and other substance abuse. These establishments generally treat patients who do not require inpatient treatment. They may provide a counseling staff and information regarding a wide range of mental health and substance abuse issues and/or refer patients to more extensive treatment programs, ifnecessary. Substanee abuse eenter. :\ facility used primarily for the trcatment of individuals for alcohol or drug abuse. OWNER - That person or legal entity reflected on the public records of Palm Beach County as the owner of real property upon which a structure has been completed. P,~..CK\.CE LIQUOR STORE Packaf?c liquor storc. i\n establishmcnt ,>vhere alcoholic beverages are dispensed or sold in sealed containers for consumption off the premises. PACKING & SHIPPING. TRUCKING, AND MOVING - An establishment primarily engaged in packing, crating, and otherwise preparing goods for transportation. These establishments provide over-the-road transportation of cargo using motor vehicles, such as trucks and tractor trailers. 52 April 3, 2007 PAINT. COATING & ADHESIVE - An establishment primarily engaged in the mixing and blending of pigments, solvents, and binders into paints and other coatings, such as stains, varnishes, lacquers, enamels, shellacs, and water repellant coatings for concrete and masonry. PAINTED 'V.\LL SICN including thc roof. l\ sign painted on any cxtcrior surface of the building or structure, PANEL ANTENN:\ Panel antcnna an array of antcnnas designed to concentrate a radio signal in a particular area. PARAPET - The extension of the main walls ofa building above the roof level, for the purpose of safety, screening rooftop equipment, and/or containing roof run-off. A parapet, as defined herein, is intended to fully encircle/encompass the roof, not be one, or a series of smaller extensions above the roof line. ^ false front and/or '.vall extension above the roof line. P.A.R"'.PET SICN .^. sign placed completely on the face of a parapct. PARK - A park, An open space, reservation, playground, beach, recreation, center or any other area in the city, owned, or used by the city, and devoted to active or passive recreation. PARK .'\ public park ""ithin the city that is not owned or operated bv the county. PARKING LOT - Any outdoor or partially enclosed or enclosed space, plot, yard or any portion thereof, which is utilized for the parking or storage of vehicles, upon which two (2) or more parking stalls are constructed. (Parking facilities designed for detached single-family homes or duplex units with a maximum of four parking stalls are exempted from this definition.) P ARKING SPACE (STALL) - A surfaced area, enclosed or unenclosed, sufficient in size designed to store one automobile, together with a driveway or drive aisle connecting the parking space with a street or alley and permitting ingress and egress of an automobile. PARKING SPACE. TANDEM - Provisions within certain zoning districts allowing the +fie placement of parking spaces one behind the other, so that the space nearest the driveway, aisle, or street access serves as the onlv means of access to the other space. 53 April 3, 2007 P AR..l(JNC ST."'.LL .1\. surfaced area, enclosed or unenclosed, sufficient in size to store one ill vehicle automobile '.vith a minimum width of nine (9) feet and a minimum length of eighteen (18) feeh PARKING STRUCTURE - A structure or portion thereof composed of one (1) or more levels of floor used for the parking of motor vehicles. A parking structure may be fully below grade or either partially or fully above grade with floors or levels being either open or enclosed. PARKING STRUCTURE. WRAPPED - Wrappcd parking structure. A parking structure that is enveloped fully or partially wrapped with habitable or leaseable space to disguise the actual function of the structure. A fully wrapped parking structure is one in which the garage component, other than the access drive, cannot be seen from any elevation. A partially wrapped parking structure is one in which the garage component extends above the habitable or leaseable space and can be seen from one (1) or more elevations. PAR..'(JNC, T."'.NDEM The placcment of parking spaces one behind the other, so that the space ncarcst thc drive'Nay, aisle, or street access serves as the only means of access to the other spa€e . P ASSENCER CAR RENTAL Establishments primarily engaged in renting passenger new or old automobiles '.vithout drivers on a short term basis. This term cxcludes those establishments engaged in passenger car retail leasing and taxi and limousine serviccs. PARTIES IN INTEREST - Parties in. in.terest All individuals, associations, partnerships, corporations and others who have interest in a dwelling or who are in possession or control thereof, as agent of the owner, as executor, executrix, administrator, administratrix, trustee or guardian of the estate of the owner. PAWN SHOP - ^ shop wherc moncy is lcnt in exchange for personal property left as security. See "MERCHANDISE, USED". PERMANENT CONTROL POINT (PCP) - "Permanent control point" shall be considered a reference monument as outlined within these regulations. PE.'\K SE.'\SON POPUL"'. TION The year round population of thc Q1y city, Palm Beach County, the dcvelopment project, or other portion of the city or county, as the context may require, using thc methodology set forth in the comprehcnsive plan support documents. PERIMETER The entire outer boundary of the sign, not including the supporting structural members. 54 April 3, 2007 PERMANENT REFERENCE MONUMENT (PRM) - A permanent reference monument which must consist of a metal rod having a minimum length of 18 inches and a minimum cross- section area of material of 0.2 square inches. In certain materials, encasement in concrete is optional for stability of the rod. When used, the concrete shall have a minimum cross-section of 12.25 square inches and a minimum of 24 inches long. The PRM shall be identified with a durable marker or cap with the point of reference marked thereon bearing either the Florida registration number of the professional survey and mapper in responsible charge or the certificate of authorization number of the legal entity, which number shall be preceded by LS or LB as applicable and the letters uP.R.M.". The PRM shall also be detectable with conventional instruments for locating ferrous or magnetic obiects. If the location of the "P.R.M." falls in a hard surface such as asphalt or concrete, alternate monumentation may be used that is durable and identi fiable. PERMITTED USE - See "USE. PERMITTED". PERMITTEE - Under the Sidewalk Cafe provisions of these regulations. it shall be the lawful holder of a sidewalk cafe permit obtained pursuant to the ternlS and provisions of these regulations this article. PERSON - Any natural person, firm, co-partnership, association or corporation. PERSONAL CARE (BEAUTY, HAIR. NAILS - An establishment primarily engaged in one or more of the following: (1) providing hair care services; (2) providing nail care services; (3) providing facials or applying makeup (except permanent makeup); (3) tanning salons and the like; and (4) day spas, including accessory massage / aromatherapy. PERSONAL WIRELESS SERVICE - Commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services, as defined in the Telecommunications Act of 1996, as amended from time to time. PET CARE (BOARDING AND DA YCARE) - An establishment primarily engaged in the keeping of animals for short-term purposes (daycare) or for extended periods of time (boarding). This use excludes indoor / outdoor commercial kennels, animal shelters (dog pound), and breeders. PET CARE (GROOMING) - An establishment engaged in grooming and / or training pets. It excludes overnight boarding, pet sitting, and veterinary services. PET CARE (VETERINARY SERVICES) - An establishment of licensed veterinary practitioners that is primarily engaged in the practice of veterinary medicine, dentist})" or surgery for animals; and an establishment primarily engaged in providing testing services for licensed veterinary practitioners. This use excludes indoor / outdoor commercial keImels. PET STORE & SUPPLIES - An establishment primarily engaged in retailing pets, pet foods, and pet supplies. Pet grooming and veterinary services (excluding boarding) are permitted accessory uses. PHARMACEUTICAL & MEDICINE - An establishment primarily engaged in one or more of the following: (l ) manufacturing biological and medicinal products; (2) processing (i.e., grading, 55 Apnl 3, 2007 grinding, and milling) botanical drugs and herbs; (3) isolating active medicinal principals from botanical drugs and herbs; and (4) the collection, destruction, disposal, orotherrelated processes. PHARMACY & DRUG STORE - An establishment primarily engaged in retailing prescription or nonprescription drugs and medicines. PHOTOGRAPHY STUDIO - An establishment also known as a portrait studios is primarily engaged in providing stilL video, or digital photography services. PLACES OF :\.SSEMBL Y Buildings and facilities on a lot or parcel of land specifically designed for assembly, which may include churches, temples, and othcr places of v.'orship; theatres, auditoriums, confcrence ccntcrs, clubs, lodges, and fraternal organizations. PLANNED COMMERCIAL DEVELOPMENT (PCD) - Land under unified control, uniformly zoned, planned, approved and developed as a single development operation or as a programmed series of phased development operations for commercial buildings and related uses and facilities in accordance with an approved master plan. Land under unified control, planned and developed as a '""hole in a sin;le developmcnt operation or a programmed series of development operations for commercial buildings and related uses and facilities; provides for a commercial district of cfficicnt and harmonious design so arranged as to creatc an attractive project readily integrated with and having no adverse effcct on adjoining or surrounding areas and developments; is developed according to comprehcnsivc and detailed plans for streets, utilities, lots, building sites, etc., and sitc plans, floor plans and clc,..ations for all buildings intcnded to bc locatcd, constructcd, used and related to onc anothcr, and detailed plans for other uscs and impro';emcnts on the land rclated to the buildings; and includes a program for full provision, maintenance and operation of such areas, improvements, facilities and services for common usc by the occupants of the planned commercial devclopmcnt. PLANNED INDUSTRIAL DEVELOPMENT (PID) - Land under unified control, uniformly zoned, planned, approved and developed as a whole in a single development operation or a programmed series of phased development operations for industrial buildings and related uses and facilities, in accordance with an approved master plan. Land under unified control, planned and developed as a whole in a single development operation or an approved programmed sClies of development opcrations for industrial buildings and related uses and facilities; provides for an industrial district of efficient and harmonious dcsign so arranged as to create an attractive project readily integrated \-'lith and having no advcrse effect on adjoining or surrounding areas and developments; is dcvelopcd according to comprehensive and detailed plans for streets, utilities, lots, building sites, etc. and sitc plans, floor plans and clevations for all buildings intended to be located, constructed, used and related to one another, and detailed plans for other uses and improvcmcnts on thc land rclatcd to the buildings; and includes a program for full pro'.'ision, maintenancc and operation of such areas, improvements, facilities and services for common ttse by thc occupants of the Pill, but will not be provided, operated or maintained at public expense. PLANNED UNIT DEVELOPMENT (PUD) - Land under unified control, uniformlv zoned, planned, approved and developed as a whole in a single development operation or a programmed series of phased development operations for dwelling units and accessory uses and facilities, in accordance with an approved master plan. Land undcr unified control, planned and developed as a whole in a singlc development operation or an approved programmed series of developmcnt operations for dVlclling units and related uses and facilities; includes principal and accessory uscs 56 April 3, 2007 ~~d st~ctures substantially related to the character ofthc development itsclf and the surrounding ar~a of which it is a part; is dcveloped according to comprehensive and detailed plans '.vhich include streets, utilities, lots, building sites and thc like and site plans, floor plans and elevations for all buildings cxccpt for single family homos intendcd to bc located, constructed, used and related to one another, and detailed plans for other uses and improvements on the land related to the buildings; includcs a program for full provision, maintcnance and opcration of such arcas, improvements, facilities and unit dc';elopment, but will not bc provided, operated or maintained at public expcnse. PLANNED ZONING DISTRICT - A zoning district in which the zoning of the property to same is accompanied by and conditioned upon an approved master plan for the use and / or development of the property. PLASTIC PRODUCTS - An establishment primarily engaged in processing and fabricating new or recycled plastic resins into a variety of intermediate or final products, using such processes as molding and casting. PLA T - A map or delineated representation of the combining, or subdivision of lands, being a complete, exact representation of the subdivision and other information in compliance with all requirements of all applicable provisions of Chapter 177, Fla. Stat., and may include the terms "record plat", "replat", amended plat", or "revised plat". ^ map depicting thc di'.'ision or subdivision oflund into lots, blocks, parccls, tracts or other portions in accordance with Chaptcr 177, Florida Statutes, as amendcd. BOUNDARY - A map or delineated representation for recordation of the combination of multiple pieces, tracts or lots into a single parcel for development purposes prepared, approved, and recorded in accordance with the requirements and procedures for a plat pursuant to Chapter 177, Fla. Stat. PL'\ T FINAL - A finished plat including all signatures required for recordation except those signifying approval by the City. _^ finishcd map of a subdi';ision accuratcly showing all legal requiremcnts of Chapter 177 F.8. and the requiremcnts of this ordinance. PRELIMINARY - A copy of the plat in sufficient form to readily compare the plat with the development plan, subdivision plan and the construction plans. PL'\T OF RECORD - A plat which conforms to the requirements of the applicable state laws and City codes, and is subsequently recorded in the Public Records of Palm Beach County, Florida. A rccorded final plat. PLUMBING - Includes all of the following supplied facilities and equipment: Gas pipes, gas- burning equipment, water pipes, garbage disposal units, waste pipes, toilets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, drains, vents and any other similar supplied fixtures, together with all connections to water, sewer or gas lines. POINT OF COMPOUND CURV A TUR- See "SURVEY DATA". 57 April 3, 2007 POINT OF CURV A TURE- See "SURVEY DATA". POINT OF REVERSE CURV A TURE- See "SURVEY DATA". POINT OF TANGENCY- See "SURVEY DATA". A sign erected by a political candidatc, group or a.gcnt thereof, for POST OFFICE - A government operated facility that provides mail delivery services, post office boxes, offices, vehicle storage areas, and sorting and distribution facilities for mail. POST AL / MAIL CENTER - An establishment primarily engaged in providing packing / shipping services, mailbox rental and other postal and mailing services (except direct mail advertising) in coni unction with sales of related merchandise / supplies. PREMISES A parcel of land comprised of one (1) or more lots for which a site plan has been approved, ifrcquired, by the appropriatc governmental body. Ifsite plan approval is not required, the word "premises," for thc purpose of these regulations, shall mean a parcel ofland, \vith its appurtcnanccs and buildings, comprised of one (1) or more lots having unity of use. PREMISES Prcmises A platted or unplatted lot or parcel ofland either occupied or unoccupied by any structure. PRESERV A TION - The perpetual maintenance of areas in their original state. PRINCIPAL USE- See "USE, PRINCIPAL". PRIV.". TE CLUB. LODCE. .\ND FR.'\ TERN.'\L ORC.".NIZA. TION Pri.'G.te Clues, Lod~cs and Fratcrnal Or~anizatio,'iS. i\ facility used to house a registered non profit or not f~r ;rofit social, sports or fratcrnal organization for the primary' purpose of having private mcctings fo their membership, and may include the serving of meals and/or alcoholic b~~'erages for the cxclusive use of the members and their guests, and where access to the general publi~ is rcstricted. PRIV:\ TE COMMUNITY ."'~NTENNA SYSTEM A system of equipmcnt designed to reccive and distribute television and radio signals serving a minimum of ten (10) rcsidcntial units in a condominium or nonprofit homeovmers' association. PROFESSIONAL OFFICE - See "BUSINESS OR PROFESSIONAL OFFICE". PROFESSIONAL SURVEYOR AND MAPPER - See "SURVEYOR AND MAPPER, PROFESSIONAL" PROFILE. LEAST VISUALLY OBTRUSIVE - The design of a wireless communication facility intended to present a visual profile that is the minimum profile necessary for the facility to properly function. 58 April 3, 2007 PROHIBITED USE - "See USE, PROHIBITED". PROPERTY OWNERS' ASSOCIATION (POA) - An organization under the laws ofthe State, operated under recorded maintenance and ownership agreements through which each owner of a portion of a development or subdivision, be it a lot, home, property or any other interest, is automatically a voting member, and each such member is automatically subject to a charge for a prorated share of expenses, either direct or indirect, for maintaining common properties within the development or subdivision, such as roads, parks, recreational areas, common areas, and other similar properties. A property owners' association is considered to be a single entity for property ownership as it relates to platting. The term "property owners association" shall also be deemed to include a homeowners association, condominium association or cooperative (apartment) association, as defined in Chapter 711, Fla. Stat., as amended, having a life tenure of not less than twenty (20) years; as well as a third party having an agreement with a condominium or cooperative association as permitted by Chapter 711, Fla. Stat., as amended. An organization operated under recorded maintenance and ovmership agreemcnts made up of every ovmcr of a portion of a subdivision. Each ovmcr is automatically a voting member and subjcct to a prorated shure of the common property maintenance costs. .^. property o'.vncrs' association, as used in this ordinance, is s)'Ilon)TI1ous with homeowners' association and/or condominium association as defined in Chaptcr 711, Florida Statutes, 1971, as amended. PRM - See "PERMANENT REFERENCE MONUMENT". PUBLIC AGENCY - Any government or governmental agency, board, commission, authority or public body of Palm Beach County, the State of Florida , or of the United States government, or any legally constituted governmental subdivision or special district. PUBLIC ART FUND - means a - A separate, interest bearing account set up bv the City to receive monies for the Art in Public Places Program. PUBLIC FACILITIES - Capital facilities for water, sewer, drainage, solid waste, parks, recreation and roads, for which levels of service have been established in the comprehensive plan. PUBLIC HALL Public hall - iffiY Any hall, corridor or passageway not within the exclusive control of one family. PUBLIC RICHT OF ~!.'\ Y The land which is dedicated for pedestrian or automoti'.'e traffic or which is dedicated for access to utilitics and is, or is intcndcd to bc, pcrmanently opcn for thesc H5eS:- PUBLIC UTILITY - Includes any public or private utility, such as, but not limited to, storm drainage, sanitary sewers, electric power, water service, gas service, or telephone line, whether underground or overhead. E'.'el)' person, corporation, partnership or association or other legal entity, their lessees, trustees or receivers now or hereafter, either owning, operating, managing or controlling a system or proposing construction of a systcm that is providing or proposes to providc water or sewer service, electricity, natural or manufactured gas, or any similar gaseous substance, telephone, telegraph or cable TV service to thc public for compensation. 59 April 3, 2007 PUBLISHING AND COMMERCIAL PRINTING - An establishment known as a publisher or commercial printer is engaged in the publishing and / or printing of newspapers, magazines, books, other periodicals, as well as directory, mailing list, and software publishing and print products. Print products may include stationery, business forms and other materials. The rocesses used in rintin or re roduction ma include a variet of methods used to transfer an image from a plate, screen, film, computer file, or other medium to paper, plastics, metal, textile articles, or wood. Support activities include data imaging, platemaking services, and bookbinding. ~:.~~:~~~:N A sign that i.s mount~d ~n a frecstanding polo(s) or other freestanding support so tAat the bottom edge of tho SIgn face IS SIX fcct or more above gradc. RADIO & TV BROADCASTING - An establishment primarily engaged in operating broadcast studios and facilities for over-the-air or satellite delivery of radio and television programs. RADIO FRE UENCY EMISSIONS - Anv electroma etic radiation or other communications signal emitted from an antenna or antenna-related equipment on the ground, antenna support structure, building, or other vertical projection. READER BOARD SIGN - See "SIGN, CHANGEABLE COpy Changeable Copy Sign." REAL EST ATE BUSINESS - An establishment primarily engaged in the renting or leasing of real estate to others; managing real estate for others; selling, buying, or renting real estate for others; and providing other real estate related services, such as appraisal services. ~ A: ESTATE SICN .\ny sign crocted by an owner, or his agcnt, advertising the rcal ~~~:~~~~on '.vhich the sign is located as for rent or sale. Such sign shall not includc rooming I1sHse SIgnS. REAL PROPERTY - The portion of the land or buildings contained in a legal description setting forth the boundaries of such property and legally acknowledged under the laws of the State of Florida and Palm Beach County. RECLAMA TION - The filling, backfilling, restructuring, reshaping and / or revegetation within and around a land excavation or filling area to a safe and aesthetic condition. RECREATION AND ENTERTAINMENT. OUTDOOR - Rccrct1lion ElNd entertainment, outdoor. An outdoor area which is principally used for active or passive recreation, and which is operated on a for-profit basis. Such uses include tennis centers and swimming pools. RECREA TIONAL FACILITY - Any building or structure designated for recreational purposes such as games, sports, etc. and including adjacent property included for such use. RECREATIONAL VEHICLE - A travel trailer, camp trailer, chassis mount camper or motor home, as defined by the rules of the Florida Department of Highway Safety and Motor Vehicles. 60 April 3, 2007 REFERENCE POINT - Any defined position that is or can be established in relation to another defined position. REMODELING OR CONVERSION - Under the Arts in Public Places Program provisions of these regulations, they are the alterations Altcrations made to a building within any twelve month period, including, but not limited to, changes to the facade of a building, changes to the interior of a building, increases or decreases in the floor area of a building and changes to exterior improvements (in connection v.'ith the Art in Public Placcs Program). REMOY."'..L Remo'.'al: "Removal of trees" also includes any intentional or negligent act '.vhich ,,,,ill cause a tree to decline and die within a period ofthrec (3) years includin:d b~t ~ot limited to, such damage inflicted upon the root system of a trce by the operation of h vy machiner;,; thc change of thc natural CTade above the root system of a tree or around the truclc of a trec~ and damage from iniury or from fire inflicted on trees which results in or pcrmits infections or pcst infcstations. RENTAL / LEASING. INDUSTRIAL & COMMERCIAL EQUIP - An establishment primarily engaged in renting or leasing commercial-tyPe and industrial-tvpe machinery and equipment. These establishments typically cater to a business clientele and do not generally operate a retail-like or store-front facility. RENTALS. RECREATIONAL (BICYCLES. CANOES. PERSONAL WATERCRAFT)- An establishment primarily engaged in renting recreational goods, such as bicycles, canoes, mopeds, skis, beach chairs, beach umbrellas, and the like. This use excludes the rental of boats and large marine vessels / accessories. REPAIR / MAINTENANCE. INDUSTRIAL AND COMMERCIAL EQUIPMENT _ An establishment primarilv engaged in the repair and maintenance of commercial and industrial machinery and equipment. This use excludes iunk, salvage, and tow yards. REPAIR/ MAINTENANCE. PERSONAL AND HOUSEHOLD GOODS- An establishment primarily engaged in repairing and servicing personal or household-type goods, such as garments tailors & dressmakers' watches' . ewel . musical instruments' bic cles and other fitness equipment; and including but not limited to: (l) reupholstering furniture; (2) refinishing furniture; and (3) repairing and restoring furniture. REPAIR. RENTAL. & MAINTENANCE OF HOME / GARDEN TOOLS - An establishment primarily engaged in the repair, rental/leasing, or maintenance / servicing of home and garden equipment, without retailing new home and garden equipment, such as lawnmowers, handheld power tools, edgers, leaf-blowers, and trimmers. REPAIR. RENTAL. & MAINTENANCE OF OFFICE. HOME EQUIP-An establishment primarily engaged in the repair, rental/leasing, or maintenance / servicing of office machinery and related equipment, such as computers, office furniture, duplicating machines (i.e., copiers), or facsimile machines. REPLACEMENT - See "MITIGATION". RESEARCH & DEVELOPMENT. SCIENTIFIC / TECHNOLOGICAL - An establishment engaged in conducting original investigation undertaken on a svstematic basis to gain new 61 April 3, 2007 knowledge (research) and/or the application ofresearch findings or other scientific knowledge for the creation of new or significantly improved products or processes (experimental development). RESIDENT POPUL'\ TION The ycar round population of the city, Palm Beach County, the. deyclopment project, or other portion of the city or county, as thc context may require, using the methodology set forth in the comprehensive plan support documents. RESIDENTIAL ZONING DISTRICT - All R-lAAA, R-lAAB, R-lAA, R-IA, R-l, R-2 and R-3 zoning districts, and those planned unit developments where the predominant land use on the approved master plan is residential. RESTAURANT - An establishment engaged in preparing, selling, and / or serving food and beverage items. Food and drink may be consumed on premises, delivered, and taken out (via pick-up or carry-out). Alcoholic beverages may be sold in combination with selling food but ultimately, the sale of food constitutes more than 51 % of its monthly grOSS revenue. An establishment with an on site commercial kitchen where food and drink are prepared and served, and are consumed primarily at tablcs on site. A restaurant may serve alcoholic beverages as a secondary activity. RESTAURANT. TAKE-OUT - An Establishment engaged in preparing and selling food and beverage items for consumption off the premises, via pick-up, carry-out, or delivery. Alcoholic beverages may be sold in combination with selling food but ultimately, the sale of food constitutes more than 51 % of its monthly gross revenue. RESTRICTIVE COVENANT AND AGREEMENT - The covenants that govern the initial sale and rental and subsequent resale and releasing of Workforce Housing Units created under the Workforce Housing Program. The tenn of the Restrictive Covenant and Agreement is thirty (30) years. RET.'\IL The sale of goods only to household consumers, or office or professional equipment and supplies, for use in offices or any other sale in thc form of personal propcrty. REZONING - The legal process by which changes are made to the boundary or boundaries of a zoning district(s) or where a new boundary or boundaries are established for a zoning district(s). This process is known hcrein as a district boundary change. RIGHT-OF-WAY - Land dedicated, deeded, used or to be used for a street, alley, walkway, boulevard, drainage facili ty, access for ingress and egress, or other purpose by the public, certain designated individuals, or governing bodies. ^ strip ofland dedicated or deeded in pcrpetuity to the public or a propcrty ovmers association. RICHT OF "r.,\ Y shall mean land in ',vhich the statc, the Florida Department ofTrans~ortation, Palm Beach County or the City of Boynton Beach owns or has a~ agrcement de\,? cd to or required for use as a transportation facility or street. RO."'.D~r.,\ Y That portion of a higll'.vay improvcd, designed or ordinarily used for vehicular tfa.-vet, exclusive ofthc berm or shoulder. In thc cvcnt a highway includcs two or more separatc 62 April 3, 2007 roadv/ays, the term "roadway" as used herein refers to any such roadway separately, but not to all such roadways collectively. ROOF SICN A sign erected upon or above a roof of a building, or above or partially above a parapet of a building. ROOFLINE Roojline - The overall ridge line of the structure which does not include cupolas, elevator towers, clock towers or other features that are permitted to exceed the maximum height of the building. RUBBER PRODUCTS - An establishment primarily engaged in the processing and fabricating of natural, synthetic, or reclaimed rubber materials into a variety of intermediate or final products, excluding tire and inner tube manufacturing, retreading, and rubber reclaiming. RUBBISH - Rubbish - aU All combustible and noncombustible waste except garbage. RUNOFF - Precipitation discharge into waterways. The water that flows off the surface of the land without sinking into the soil is called surface runoff. Water that enters the soil before reaching waterways is called groundwater runoff or seepage flow from groundwater. SAFETY SIGN / WARNING SIGN - See "SIGN, Si\FETY" A D.O.T. approved sign crected to idcntify a special safety or warning message relating to that pmiicular location or arca. S.".LE OF COODS Salc, rental or leasing of goods. SAND DUNES - Sand dNncs - naturallv Naturally occurring accumulations of sand in ridges or mounds landward of the beach. SA TELLITE EARTH STATION - A single or group of parabolic (or dish) antennas mounted to a support device that may be a pole or truss assembly attached to a foundation in the ground, or in some other configuration, including the associated ground equipment and cabinets. SCHOOL. OTHER - An establishment primarily engaged in offering training in business and computer skills, cosmetology, management, and the like. This use may also include establishments primarily engaged in offering an array of short duration courses and seminars. SCHOOL. PRIMARY AND SECONDARY - A public, private, or parochial school offering instruction at the elementary, iunior, or high school level in the branches of learning and study required to be taught in schools within the State. SCHOOL. TECHNICAL & TRADE - An establishment primarily engaged in offering job or career vocational or technical courses. The curriculums offered bv these schools are highly structured and specialized and lead to job-specific certification. SECURITY SERVICES - An establishment primarily engaged in (I) the installation and monitoring home / business alarm systems; (2) guard and patrol services; and / or (3) picking up and delivering money, receipts, or other valuable items with personnel and equipment to protect ?uch properties while in transit. 63 April 3, 2007 SELF SERVICE STOR"'..CE FACILITY (MINI ~IAREHOUSES) .\11 enclosed storage facility of a commercial nature containing independent, fully enclosed bays v~'hich arc leased to persons exclusively for dead storage of their household goods, personal propcrty, or records for commercial businesses. Except as othcrwise allowed by Scction 1 1.0 Self Service Storage Facilities (Mini '.varehouses) of the Zoning Codc, storage bays shall not bc used to manufacture, fabricate or proccss service or repair vehicles, boats, small engines or electrical equipment, or to conduct similar repair activities; conduct garage sales or rctail sales of any kind; or conduct any other commercial or industrial activity on the site. The term "Sclf Service Storagc Facilities" includes the following: Limitcd access self storage facilities, '.vhich ha':e limited access points from the exterior of the building to intcrior halls that serve individual storagc bays; and, multi acccss self storage facilities, 'Nhich have multiple access points from the extcrior of the building to individual bays and may havc one access point for cach storage bay. SELF SUPPORT ,1 L\ TTICE TO~IER Self support/latticc to','.er A telecommunication tower that is constructcd \vithout guy wircs and ground anchors. SETB.'\CK A linc running a ccrtain distancc back from and parallcl to the base, front, side or rear property line \vhich provided the separation '.','hercin no building, structure or portion thcreof shall be pern1ittcd, erected, constructed or placed unless specifically permitted by thc Code. SEWER / SEPTIC & WASTE MGMT CLEANING - An establishment primarily engaged in (1) pumping (i.e., cleaning) septic tanks and cesspools and/or (2) renting and/or servicing ~ortable toilets. This use also includes establishments primarily engaged in providing waste management services such as sewer, catch basin, and grease trap cleaning. SEWERAGE SYSTEM, CENTRAL - A system of pipes, pumps, tanks, etc. for the collection and disposal of sewage, in accordance with the requirements of requisite government agencies. SEWERAGE SYSTEM, INDIVIDUAL - Pipes, tanks and subsurface absorption field, or other approved treatment device, for handling and disposing of sewage wastes for a single user. SHEL TER - Shelter A facility, which is not a hotel or motel, used primarily for providing free or very low-cost short-term lodging for individuals who would otherwise be homeless. SHOOTING RANGE. INDOOR - The commercial use of a building or structure for archery and / or the discharging of firearms for the purposes of marksmanship, recreation, or temporary competitions. .^. facility designed or used for shooting at targets with rifles, pistols, arr~'w, 0; shotguns, and which is completely enclosed v:ithin a building or structure. SHOPPING CENTER - A group of retail commercial and/or service establishments planned, developed, managed and operated as a unit. SHRUBS "Shrubs": Sh.-ub shall mcan a bushy, woody plant, usually v:ith several permanent stems, and usually not ovcr tcn (10) feet high at its maturity. 64 April 3, 2007 SIDEWALK - shall mean that That portion of the right-of-way which is located between the curbline or the lateral line of a street and adjacent propertv line and which is intended for use by pedestrians. SIDEWALK CAFE - Chairs and tables temporarily placed within the sidewalk area that directly abut a business operating as a RESTAURANT shall mean the placing, 10catinJ':, or permitting of the placing and locating of chairs and tables within the sidc'.valk area adiac~nt ;;; a business licensed to operate as a restaurant or a nil':htclub as defined in thc Codc. SIDE'W,'\LK OR S,'\ND"IICH SICN A moveable sign not sccured or attached to the ground. SIGHT DISTANCE - The minimum extent of unobstructed vision in a horizontal and vertical plane. SIGHTSEEING & SCENIC TOURS- A business office for an operation that utilizes transportation equipment to provide recreation and entertainment. The activity is local in nature, usually involving a same-day return to the point of departure. SICN Evcry billboard, ground sign, 'Nail sign, roof sign, illuminated sign, projecting sign, temporary sign, marquee, avming and canopy, and shall include any announccmcnt, declaration, demonstration, display, illustration or insignia used to advertise or promote the business or othcr interests of any person or entity ...:hen placed out of doors in vie'N of the general public. SIGN - . Includes an letter fi ure character mark lane oint mar uee si desi poster, pictorial, picture, banner, stroke, stripe, line, trademark or reading material which shall be constructed, placed, attached, painted, erected, fastened, manufactured or displayed in any manner whatsoever for the purpose of infonning of or advertising about the nature, type or quality of goods, services or activities available; or to advertise the name of any firm, corporation business or any other enterprise, or its nature, type or quality of goods, services or activities; or to attract to or identify any of the aforementioned or by its nature, act to draw attention to a business. B-v-ery Si01 shall be classified and shall conform to the requirements set forth in this chapter. ABANDONED - Sign which no longer identifies or advertises a bona fide activity, where the activity has been abandoned or does not possess a current occupational license. ADVERTISING STRUCTURE - A sign structure erected or intendcd for advertising purposes, with or without advertisement display thereon, situated upon or attached to real property. ANIMA TED OR FLUTTERING - A sign which uses devices to generate movement by either mechanical, electrical or natural methods. 65 BLADE- A small, pedestrian oriented sign that projects perpendicular from the building or is hung beneath a canopy/covered walkway. BUS BENCH - A bench or scat with graphics, symbols and/or copy affixed against any surface. BUS SHELTER - Graphics, symbols and/or copy affixed to any surface of a public transit shelter. CHANGEABLE COpy - A sign of pern1anent character, but with removable letters, words or numerals, indicating the names or persons associated with, or events conducted upon, the premises upon which a sign is erected. This sign may be erected as a part of a freestanding sign. COMBUSTIBLE - Any sign or sign structure which will ignite or support flames and which has a low flame point. Prime examples of combustible signs would be wood, non- u.L. approved plastics, cloths, etc. April 3, 2007 66 COVERED W ALKW A Y AND ARCADE SIGN - A sign which is perpendicular to the building face and is suspended from, attached to, supported from or forms part of, a covered walkway and is rigid. DIRECTIONAL - (1) On-premises, incidental signs designed to guide or direct pedestrians or vehicular traffic. (2) Signs erected or permitted by the city, Palm Beach County, State of Florida or the United States Government or agency thereof, for the direction or safety of the public. (3) A sign, noticeLor symbol as to the time and place of regular civic meetings and religious services. DIRECTORY - A freestanding or flat sign listing only the name and/or use or location of more than one (1) business, activity or profession conducted within a building, group of buildings or commercial center. DOOR - See "SIGN, WINDOW". DOUBLE FACED - A sign with two (2) faces which are back to back with no more than a forty-five (45) degree angle between the faces. ELECTRICAL - A sign or sign structure in which integral electric wiring, connections and/or fixtures are used and connected to an electric source and meeting the requirements of the National Electrical Code. Apnl 3, 2007 67 FIXED PROJECTION SlGN- A sign, other than a flat sign, which extends outward for more than eighteen (18) inches from the facade of any building and is rigidly affixed thereto. FLASHING - A sign, either fixed or portable, which uses or contains intermittent or a sequential flashing light source with the exception of a time or temperature sign or Dow Jones average sign which is part of a permitted commercial sign. FLAT - A sign erected parallel to, and extending not more than eighteen (18) inches from, the facade of any building to which it is attached and supported throughout its entire length by the facade of the building and not extending above or beyond the building. April 3, 2007 68 FREESTANDING - A monument or ground-mounted sign identifying the use of the property upon which it is located. Ground-mounted signs may be supported by one or more poles, provided that the bottom of the sign or cabinet is no more than two (2) feet above grade and that the poles and complete length of the sign or cabinet are clad in the same or like material, completely to the ground. Alternatives to the cladding requirement may be considered if the design of the sign conforms to the architectural design of the building(s). GOVERNMENT - Any temporary or permanent sign erected and maintained by the city, county, state or federal government or any of their legal entities. GROUND - Any sign, other than a pole sign, in which the entire bottom is in contact with or is close to the ground and is independent of any other structure. IDENTIFICATION - A non-illuminated sign affixed to the rear of a building bearing the business name and/or address of the occupant, with an area not exceeding three (3) square feet. ILLUMINA TED - Any sign which has characters, letters, figures, designs or outline illuminated by electric lights or luminous tubes as a part of the sign proper. April 3, 2007 69 MONUMENT - A freestanding sign situated directly on the ground or mounted completely along the bottom of the sign cabinet to a low-profile base or pedestal. OFF-PREMISES - A sign advertising an establishment, merchandise, service or entertainment, which is sold, produced, manufactured and/or furnished, at a place other than the property on which said sign is located. ON-PREMISES - A sign or sign device, indicating the business transacted, services rendered, goods sold or produced on the premises, including the name of the business, person, firm or corporation occupying the premises. Such sign shall be located where the use, for which the sign is identifying or advertising, is located. PAINTED \V.'\LL A sign painted on any exterior surfacc of the building or structure, including the roof. PARAPET - A sign placed completely on the face of a parapet. 'c. PERIMETER - The entire outer boundary of the sign, not including the supporting structural members. CUSTOMl\RY PLAQUE. (CUSTOMARY) - A sign identifying the address, operator's name or activity taking place within the facility, not to exceed two (2) square feet in area. April 3, 2007 70 POLITICAL SIGN- A sign erected by a political candidate, group or agent thereof, for political purposes. PROJECTING - A sign attached to, and projecting at a right angle from, a building face or wall and maintained wholly on private property. PYLON SIGN - A sign that is mounted on a freestanding pole(s) or other freestanding support so that the bottom edge of the sign face is six feet or more above grade. REAL EST ATE SIGN- Any sign erected by an owner, or his agent, advertising the real property upon which the sign is located as for rent or sale. Such sign shall not include rooming house signs. ROOF - A sign erected upon or above a roof of a building, or above or partially above a parapet of a building. SAFETY / 'V.'\R~INC SICN - A D.O.T. approved sign erected to identify a special safety or warning message relating to that particular location or area. SIDEWALK OR SANDWICH SIGN - A moveable sign not secured or attached to the ground. April 3, 2007 71 SNIPE - A sign of a temporary nature which is mounted to stakes or other objects, which is utilized to advertise or display matter. SPECIAL EVENT - A sign which carries a message regarding a special event or function which is of general interest to the community and sponsored by a not-for-profit civic, religious, school or governmental organization. TEMPORARY BUSINESS IDENTIFICATION - A non-permanent, on-premise sign identifying a business location. TEMPORARY CONSTRUCTION - A sign identifying the owners, contractors, receivers, lenders and suppliers on the property where the sign is located during the construction period. Such sign may not be permitted prior to the issuance of a valid building permit for the specific site and must be removed within ten (10) days after the building permit has been finalized. VEHICULAR - A sign or sign structure attached or affixed in any manner in or to any wheeled vehicle for the purpose of advertising that business to which the sign refers, excluding such signs attached or affixed to public transportation vehicles for business advertising purposes when such vehicles belong to a fully licensed public transportation company. A vehicle shall not be used to circumvent this sign code. Vehicles with vehicular signs shall be parked in the rear of commercial or industrial establishments. WALL - A sign containing copy, graphics, symbols and/or letters placed on the wall surface itself. WARNING ~ See "SIGN, SAFETY". April 3, 2007 72 April 3, 2007 WINDOW ,I DOOR SICN - Any sign which is painted on, applied to, attached to, hanging in or projected upon or within, the exterior or interior of a building glass area, including doors. For clarification purposes, signs in this definition include, but are not limited to, any identification, message, symbol, insignia, visual representation, logo type or any other form of communication. YARD 8J.GN - A temporary sign, not to exceed four (4) square feet, which identifies a safety feature related to the particular lot, such as "Home Security", "Beware of Dog", or "Keep off the Grass". SIGN, AREA Q.F - The area enclosed by the perimeter of the sign including all background material, panel, trim and color that differentiates the sign from the building, structure or object to which the sign is attached. If the sign is composed of individual letters or symbols using the wall as the background with no added decoration, the area is the sum of the areas of the smallest contiguous rectangles containing a letter, symbol or continuous line or lines of advertising matter. Note: Double faced signs are calculated as single faced until there is more than a forty- five (45) degree angle between faces. SIGN CONTRACTOR, ELECTRICAL - A person licensed to install, repair, alter, add to or change, any electrical wires, apparatus, raceways, conduit or any part thereof on electrical signs and is qualified to erect signs and connect to an existing sign circuit. SIGN CONTRACTOR. NON-ELECTRICAL - A person licensed by the city to install, repair, add to, paint or change non-electrical signs. SIGN FACE - The part of the sign that is or can be used for ad';ertising purposes. Shall mean the surface of the sign upon, against or through which the message is displayed or illustrated on the ~ SIGN, ERECT-To build, construct, attach, hang, place, suspend or affix~, and shall also include the painting of signs. SIGN, HEIGHT- The vertical dimension measured from the highest point of the sign to the mean surface grade surrounding the bottom of the sign. 73 April 3, 2007 SIGN. LOGO ~ A symbol of a company or business. SINGLE-KEYED DEAD BOLT - Sin~lc kcvcd dcad bolt is a A lock bolt which does not have a spring action. This bolt must be actuated by a key from the exterior and a knob or thumb turn from the interior and when projected becomes locked against return by end pressure. SITE PLAN FOR BUILDINC PEmnTTINC Dra'Nings sho\ving the location of the proposed building or structure and of every existing building or structure on the site or lot and othcr documents required by the director of development. SITE PLA,.N FOR DEVELOPMENT OR REDEVELOPMENT The development plan for one or more lots submitted in compliance "'lith Chapter 4 including, but not limited to, requirements of Section 7 therein. SKA..TINC RINK ^ commercial establishment that provides facilities for participant ice or roller skating '.vhich is completely cnclosed 'within a building or structure. SKY EXPOSURE PLANE - Sic}' Exposurc Plane. A "sky exposure plane" is an imaginary inclined plane beginning at maximum frontage height and rising at a ratio of vertical distance to horizontal distance as set forth in the Mixed Use zoning regulations, used for determining maximum building heights and setbacks. Adjacent to street Rear and side - Base height at street level a - Horizontal distance v - Vertical distance s - Setback +' SNIPE SICN .^. sign of a temporal)' nature which is mounted to stakes or other objects, \vhich is utilized to advertise or display matter. SOAP & TOILETRY - An establishment primarily engaged in the mixing, blending, and packaging of cosmetics, soaps, and other cleaning compounds. 74 April 3, 2007 SOUP KITCHEN SauD kirchen. /\ facility providing free or very low cost meals or distributing free or very low cost, pre packaged foodstuffs to the public as part of a charitable activity, proio,'Tam or organization. SPECIAL EVENT - Any meeting, activity, gathering, or group of persons, animals, or vehicles, or a combination thereof, having a common purpose, design or goal upon any public or private facility, street, sidewalk, alley, park or other place or building where the special event substantially inhibits the usual flow of pedestrian or vehicular traffic or which occupies any public area or building and preempts use by the general public. A special event shall include but not be limited to City co-sponsored events, festivals, carnivals, concerts, parades, walks, races, fund raising sales and similar gatherings, block parties, grand openings, promotions, and other similar events not specifically permitted by City Ordinance. Merchandise sales under a tent on private property which have no other related activity, i.e. food sales or entertainment, are exempt from obtaining a Special Event permit, however, applicant must still obtain the proper Building Permit. SPECIAL EVENT HANDBOOK - A publication issued by the City ofBovnton Beach entitled "Special Event Handbook" which sets forth procedures for the application process and City requirements for special event activities. SPECIAL EVENT SICN A sign 'Nhich carries a messagc regarding a special evcnt or function \....hich is of general intercst to the community and sponsored by a not for profit civic, religious, school or governmental organization. SPECL\.L MOBILE EQUIPMENT Vchicles defined as such by Section 316.003, Florida Statutes. SPECIAL TY FOOD STORE - An establishment primarily engaged in retailing specialized lines of food. These types of stores include various markets (Meat, Fish, Seafood, Fruit, and Vegetable), Baked goods, Confectionary and nut stores, and Health / Gourmet food stores. SPECIMEN TREE Specimen tree: .^. "specimen trcc" shall mean a tree '.vhich has been determined by the iudl':illent ofthc city inspector to be of high value because of its type, size, age or other professional criteria, and has been so dcsil':llated and that desi!;llation has be~n officially made and promulgated as part of the official records of the City ofBo)l1ton Beach. SPORTING GOODS AND TOYS - An establishment primarily engaged in manufacturing sporting goods, fitness equipment, tovs, and the like. ST ANDARDS. CURRENT - Documents, drawings, specifications, details, laws, rules, regulations, ordinances and the like in effect on the date ail complete application or amended application, whichever is later, is submitted presented for consideration. START OF CONSTRUCTION (for other than new construction or substantial improvements under tbe Coastal Barrier Resources Act (P.L. 97-348), -The date a building permit is issued, provided the actual start of construction, repair, reconstmction or improvement is within one hundred eighty (180) days of the permit date. The actual start means the first placement of permanent construction (including a manufactured home) on a site, such as the 75 April 3, 2007 pouring of slabs or footings, installation of piles, construction of columns or any work beyond excavation or placement of a manufactured home on a foundation. Permanent construction excludes land preparation such as clearing, grading and filling; installation of streets and/or walkways; excavation for a basement, footings, piers or foundations or the erection of temporary forms; installation on the property of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main structure. ST A TE - ~ The words "the state" or "this state" shall be construed to mean the State of Florida. STATE HOUSING INIT A TIVES PARTNERSHIP ACT - Definitions. For the purposes of this section, the definitions contained in the State Housing Initiatives Partnership Act hereinafter "the Act," Sections 420.907 et seq., Florida Statutes, and Chapter 91-37 of the FIOlida Administrative Code, as amended from time to time, are adopted herein by reference. ST A TE PLANE COORDINATE - The system of plan coordinates which has been established by the National Ocean Service for defining and stating the positions or locations of points on the surface of the earth within the state and shall hereinafter be known and designed as the "Florida State Plane Coordinate System". For the purpose ofthe use of this system, the zones established by the National Ocean Service in NOAA Manual NOS NGS 5, State Plane Coordinate System of 1983, shall be used and the appropriate projection and zone designation shall be indicated and included in any description using the Florid State Plane Coordinate System. ST A TE ROAD - Any highway designated as a state-maintained road by the Department of Transportation. ST.'\ TE STAND.'\RDS See "Departmcnt of Transportation State Standards." STEAL TH FACILITY Stealth facilitv - See "WIRELESS COMMUNICA TIONS FACILITY, CONCEALED". Any telecommunications facility '.vhich is desi~'11ed to blend into the surrounding environment and which is incorporated into and is compatiblc with uses otherwisc permissible on site. Examples of stealth facilities include, but are not limitcd to, architecturally screcncd roof mounted antennas, antennas intep-ated into architectural elements, and telecommunication and/or personal wireless scrvices towers designed to look like light poles, pO'Ner poles, clock towers, or trecs. STONE CUTTING & FINISHING - An establishment primarily engaged in cutting, shaping, and finishing marble, granite, slate, and other stone for building and miscellaneous uses. This use also includes establishments primarily engaged in buying or selling partly finished monuments and tombstones. STORAGE CONTAINER. TEMPORARY - An obiect that is designed and constructed by the manufacturer thereof for the primary purpose of storing and / or transporting items or goods which may be used for storage purposes in lieu of storage within a principal or accessory building. Also included are operable or inoperable vehicles used for the purposes as described herein. 76 April 3, 2007 STORACE OF HOUSEHOLD COODS The storagc of goods by individual households of their household posscssions, and excluding storage of inflammable, explosive, toxic or hazardous materials. STORAGE. BOATS / MOTOR / RECREATIONAL VEHICLES - An outdoor storage facility for the temporary storage of boats, motor, or recreational vehicles, as a principal use. This use excludes junk yards, salvage, or tow yards. STORAGE, OPEN - The safekeeping of any goods or products in an unoccupied space open to the sky for eventual removal not expected within seventy-two (72) hours or for continuous replacement by same or similar goods or products. STORAGE. SELF-SERVICE - An establishment engaged in the storage of personal property in facilities where individual owners control individual storage bays. This use includes both limited- access and multi-access facilities. STORM DRAINAGE - A system sufficient to prevent inundation resulting [rom a three-year storm which conveys storm waters to publicly dedicated and maintained drainage canals or natural waterways acceptable to the agency having jurisdiction or an alternate proposal approved by the city engineer. STO RMW A TER - The flow of water which results from a rainfall event. STREET - Includes any access way such as a street, road, lane, highway, avenue, boulevard, alley, parkway, viaduct, circle, court, terrace, place, or cul-de-sac, and also includes all of the land lying between the right-of-way lines as delineated on a plat showing such streets, whether improved or unimproved, but shall not include those access ways such as easements and rights-of- way intended solely for limited utility purposes, such as for electric power lines, gas lines, telephone lines, water lines, drainage and sanitary sewers, and easements for ingress and egress. i\ public or private strip of land which affords a principal means of access to ~butting pr~perty. The word strect is synonymous v.lith road, avenue, boulevard, lane, place. STREET means that portion of a right of way improved, designed or ordinarily used for vehicular traffic or parking. ARTERIAL - A route providing service which is relatively continuous and of relatively high traffic volume, long average trip length, high operating speed, and high mobility importance. In addition, every United States numbered highway is an arterial road, aOO as well as every street shown or described as ~arteriaC according to the current or most recent functional classification system contained in the City of Boynton Beach Comprehensive Plan, as adopted and amended, is an arterial. A route providing service '.'..hich is relatively continuous and of rclatively high traffic volume, long averagc trip length, generally highor operating speed, and high mobility importance. In addition, all United States numbered highways shall bo arterial roads. STREET, COLLECTOR - A route providing service which is of relatively moderate average traffic volume, moderately average trip length and moderately average operating speed. Such a route also collects and distributes traffic between local roads or arterial 77 roads and serves as a linkage between land access and mobility needs. A street shown or described as a "collector" street according to the current or most recent functional classification system contained in the City of Boynton Beach Comprehensive Plan, as adopted and amended. A route providing service \vhich is of relati';ely moderato averagc traffic volume, moderately averagc trip length, and moderately average operating speed. These routes also collect and distribute traffic bct\veen local roads or arterial roads and servc as a linkage between land access and mobility needs. CUL-DE-SAC - A street terminated at the end by a vehicular turn-a-round. A circular turnaround on a local street '.vith only one outlct. DE.-\D END A street with only one outlet. LIMITED ACCESS - A highway or freeway which does not permit access except at authorized and controlled points. The acquisition of right-of-way for such highways or freeways usually includes the acquisition of access rights thereto. Access may also be limited through methods other than acquisition of access rights. LOCAL STREET - A street shown or described as a "local" street according to the current or most recent functional classification system contained in the City of Bovnton Beach Comprehensive Plan, as adopted and amended. A strect shown or described as such according to the current or most recent functional classification contained in the City of BO)11ton Beach Comprchensivc Plan, as adopted and amended. MAJOR THOROUGHFARES - A main traffic artery connecting two (2) or more municipalities. STREET, MARGINAL ACCESS - A street, parallel and adjacent to an expressway, arterial street or limited access street or in the immediate vicinity of such streets utilized primarily for relieving such streets from local service of abutting property by providing protection from conflicts with through traffic. Also called a frontage street. STREET, PRIVATE - Any street not dedicated to the public. April 3, 2007 78 April 3, 2007 STREET, PUBLIC - Any street dedicated to the public and accepted for ownership and maintenance by the City Commission. STREET FRONTAGE - The property line adjacent to a public or private street. STREET. INTERSECTION - The point of crossing or meeting of two (2) or more streets. STREET, LOCAL l\ route providing service which is of relatively 10'''''' average traffic volume, short average trip length or minimal through traffic movements, and high land access for abutting propeIiy. STREET, MINOR See "Local Street." STRIKE PLATE - Strike plate is Is a metal plate designed to receive and hold a proiected bolt. STRUCTURAL TRIM Shall mean thc molding, battens, cappings, nailing strips, latticing and platforms which are attached to the sign structure. STRUCTURE - Any building or improvement, for v.'hich a certificatc of occupancy is required, constructed upon real property located within the municipal limits of the city. SUBDIVISION - Land divided into three or more lots, parcels, tracts, tiers, blocks, sites, units, or any other division ofland; and includes establishment of new streets and alleys, additions, and re- subdivisions; and, when appropriate to the context, relates to the process of subdividing or to the lands or area subdivided. The division of a parcel of land into tv.'O (2) or more lots or parcels, either by plat into lots and blocks or by metes and bounds description, for the purpose of transfer of owncrship or devclopment or, if a new strcet is involved, by division of a parcel of land. SUBSTANTIAL, SUBSTANTLU IMPROVEMENT - SubstaNtia!, SubstaNtial !m13ro'.'cment Any repair, reconstruction, or improvement of a structure or site, the cost of which equals or exceeds fifty (50) per cent of the value of the structure as established by the most recent Palm Beach County ad valorem tax bill, either (1) before the improvement or repair is started, or (2) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. .^.ny repair, reconstruction or improvement of a structurc, the cost of which equals or exceeds fifty (50) per cent of the market value of the structurc beforc the improvement or rcpair is started, or if the structure has becn damaged and is being restored, before the damage occurred. Substantial improvemcnt occurs when thc first alteration of any wall, ceiling, floor or other structural part of the building commences, v.'hether or not that alteration affects the external dimensions of the structure. Thc term docs not include any projcct for improvement of a structure to comply with existing state or local health, sanitary or safety codes, or alteration of a structure listed on the National Register of Historic Places or a state inventory of historic placcs. SUBST.A1NCE .'\BUSE CENTER Substance abuse eenter. A facility used primarily for thc trcatment of individuals for alcohol or drug abuse. 79 April 3, 2007 SUPPLIED FACILITES - Supplied facilities Facilities paid for, furnished or provided by, or under the control of, the owner or operator. SURETY - An irrevocable surety guaranteeing that all required surveying and construction improvements will be completed in full accord with approved documents and all conditions attached thereto. SURFACE WATERS - All waterways and associated wetlands that hold or transport water on or over the ground. SURVEY - The orderly process of determining facts of size, shape, identity, geodetic location, or legal location by viewing and applying direct measurement of features on or near the earth's surface using field or image methods; further defined as follows according to the tyPe of data obtained, the methods and instruments used, and the purpose(s) to be served: AS-BUlL T - A survey perforn1ed to obtain horizontal or vertical dimensional data so that constructed improvements may be located and delineated; also known as a Record Survey. BOUNDARY - A survey, the primary purpose of which is to document the perimeters, or anyone of them, of a parcel or tract of land by establishing or re-establishing corners, monuments, and boundary lines for the purpose of describing the parcel, locating fixed improvements on the parcel, dividing the parcel, or platting. CONDOMINIUM - A survey performed pursuant to Chapter 718, Fla. Stat.; includes a Boundary Survey. CONSTRUCTION LAYOUT - The measurements made, prior to or while construction is in progress, to control elevation, configuration, and horizontal position and dimensions. CONTROL - A survey which provides horizontal or vertical position data for the support or control of subordinate surveys or for mapping. DESCRIPTIONS - Written by a surveyor and mapper to describe land boundaries by metes and bounds shall provide definitive identification of boundary lines. A sketch shall accompanv the property description showing all information referenced in the description and shall state that such sketch is not survey. The initial point in the description shall be tied to either a government comer, a recorded corner, or some other well-established survey point. HYDROGRAPHIC - A survey having as its principal purpose the determination of data relating to bodies of water, and which may consist of the determination of one or several of the following classes of data: depth of water and configuration of bottom; directions and force of current; heights and time of water stages; and location of fixed obiects for survey and navigation purposes. MEAN HIGH WATER LINE - A survey to document the mean high water line as defined in Part II, Chapter 177, Fla. Stat. 80 April 3, 2007 QUANTITY - A survey to obtain measurements of quantity. RECORD - A survey performed to obtain horizontal and vertical dimensional data so that constructed improvements may be located or delineated; also known as an As-Built Survey. SPECIFIC OR SPECIAL PURPOSE - A survey performed for a purpose other than the purposes detailed in the other types of surveys defined within these regulations. TOPOGRAPHIC - A survey of selected natural and artificial features of a part of the earth's surface to determine horizontal and vertical spatial relations. SURVEY DATA - All information shown on the face of a plat that would delineate the physical boundaries of the unified property or the subdivision and any parts thereof. POINT OF COMPOUND CURV A TURE (PC) - "P.c.c.," means the point where two circular curves have a common point of tangency, the curves lying on the same side of the common tangent. POINT OF CURVATURE (PC) - "r.c," means the point where a tangent circular curve begins. POINT OF REVERSE CURVATURE (PRC) - "P.R.C.," means the point where two circular curves have a common point of tangency, the curves lying on opposite side of the common tangent. POINT OF TANGENCY (PT) - "P.T.," means the point where a tangent curve ends and becomes tangent. SURVEY MONUMENT - An artificial or natural obiect that is permanent or semi-permanent, and used or presumed to occupy any real property corner, point on a boundary line, or reference point. A survey marker must: (1) be composed of a durable material; (2) have a minimum length of 18 inches; (3) have a minimum cross-section area of material of 0.2 square inches; (4) be identified with a durable marker or cap bearing either the Florida registration number of the professional surveyor and mapper in responsible charge or the certificate of authorization number of the legal entity, which number shall be preceded bv LS or LB as applicable; (5) be detectable with conventional instruments for locating ferrous or magnetic obiects. If the location of the monument falls in a hard surface such as asphalt or concrete, alternate monumentation may be used that is durable and identifiable. SURVEYOR AND MAPPER. PROFESSIONAL - A surveyor and mapper registered under Chapter 472, Fla. Stat., who is in good standing with the Board of Professional Surveyors and Mappers.A surveyor registered in Florida. SWIMMING POOL - Any confined body of water, located either above or below the existing finished level of the site, exceeding two (2) feet in depth, designed, used or intended to be used for swimming or recreational purposes. 81 April 3, 2007 TANDEM PARKING - See "PARKING, TA~1)EM" The placement of parking spaces one behind the other, so that the space nearest the drive\vay, aisle, or street access sorves as the only means of access to the other space. TAXI. LIMO. CHARTER BUS - An establishment primarily engaged in the use of motor vehicles offered to the public for the purpose of carrying or transporting passengers for a fixed charge, fee, or hourlv rate. This use excludes Automobile Rental. TECHNICAL REVIE'" COMMITTEE (TRC) A committee consisting of thc director of development, thc fire chief, the police chief, the director of utilities, the director of public works, the city engineer, the recreation and parks dircctor, and the director of planning and zoning, or their duly authorized representatives. TECHNICAL SITE PLAN - Tcchnical Site Plan. Technical Site Plans are development plans for one or more lots submitted in compliance with an approved Master Site Plan for a Mixed Use Pod within a Planned Industrial Development district (PID) Chapter 1, Section 7, (A. through G.) and Section 8. Prior to approval of the Master Sitc Plan, technical site plans maybe revie\ved by the City Commission, for review and approval of waiver requests for flexibility of developmcnt regulations. Such plans shall mect thc regulations for teclmical site plans and shall specifically list in the tabular data those specific elements of the plan requiring waiver approval. TELECOMMUNICATION TOWER Telecommunication tower- See "A.NTENNA SUPPORT STRUCTURE". ^ guyed, monopole or self support/lattice to\\'er, constructed as a free standing structure, containing one or more antermas used in the pro';ision of personal '.vireless services, excluding radar towers, amateur radio support structures licensed by the FCC, private home use of satellite dishes and television antennas and satellite earth stations installed in accordance with applicable codes. TEMPOR\RY BUSINESS IDENTIFIC'\ TION SICN A non permancnt, on premise sign identifying a business location. TEMPORARY CONSTRUCTION SICN ^ sign identifying the owners, contractors, receivers, lenders and suppliers on the property where the sign is located during the construction period. Such sign mny not be permitted prior to the issuance of a valid building permit for the specific site and must bc removed within ten (10) days after the building permit has been finalizcd. TEMPORARY EMPLOYMENT AGENCY - An establishment primarily engaged in supplying workers (administrative, professional, sales) for limited periods of time to supplement the work force of the client. The individuals provided are employees of the temporary employment agency. However, these establishments do not provide on-site training or direct supervision of their employees at the clients' workplace. TEMPORARY HOUSING - Temporary' housinf!, any Any trailer or other structure used for human shelter which is designed to be transP0l1able and which is not attached to the ground, to 82 April 3, 2007 another structure or to any utility system for more than thirty (0) days. An\! trailer or other structure occupied for more than thirty (30) days shall meet all requirements of this article. TENSE Tense. Words used in the present or past tense include the futurc as 'Nell as the present or past. TESTING LABORATORY - An establishment primarily engaged in performing laboratory analysis of natural resources and manufactured materials. The scientific analysis is generally performed for an outside customer to support the work of that customer. TEXTILE PRODUCTS - An establishment primarily engaged in fabricating apparel, clothing accessories, and canvas goods from purchased fabric and materials. THEA TER - Theater. A building or outdoor structure expressly designed to seat persons viewing the presentation of plays, operas, music concerts, motion pictures, etc. THOROUGHFARE PLAN - The plan of present and future streets adopted by the City of Boynton Beach. THRIFT STORE ~ See "MERCHANDISE, USED". TIME SHARING HOTEL The term shall include, but shall not be limited to, any building or part thereof in which the right of use or occupancy of any unit circulates among ':arious occupants for specific periods of timo less than a full year during any given year but not necessarily for consecutive years in accordance with a fixed timc schedule on a periodically recurring basis extending for more than one year. The determination that a building, or part thereof, is a time sharing hotcl shall be made without regard to the form of ownership of the property or of the units therein and shall be immatcrial \vhether thc right of use or occupancy is derived from a leasehold of fee interest. TOWER - See "ANTENNA SUPPORT STRUCTURE". TOWING. MOTOR VEHICLE - An establislunent primarily engaged in towing light or heavy motor vehicles, both local and long distance. These establishments may provide incidental services, such as the temporary storage of towed vehicles and emergency road repair services. This use excludes iunk and salvage yards. TR"".FFIC Pcdostrians, ridden or herded animals, and vehicles, streetcars and other COlr:eyances either single or together while using any street or highway for purposes of travel. TRAFFIC CONTROL DEVICES - Any mechanism used to regulate traffic, such as pavement striping, signs, etc. as specified in the D.O.T. Manual on Uniform Traffic Control Devices (M.U.T.CD.), excluding any mechanical or electrical device such as traffic lights. TRAFFIC CONTROL SIGNAL - Any device, whether manually, electrically or mechanically operated by which traffic is alternately directed to stop and permitted to proceed. 83 April 3, 2007 TRAFFIC IMPACT ANALYSIS - A traffic statement prepared by a registered professional engineer competent in traffic engineering f!llilregistered in the State of Florida, submitted as part of the application for site plan, rezoning, or other application in compliance with local, County, or State review requirements for appropriate review of traffic impacts. Such analysis should address at a minimum, daily and peak hour movements, turn lanes required, signalization, capacity of the street system and interior dri';e'.vay lengths. TRt\ILER - Any vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle. TRAVEL AGENCY - An establishment primarily engaged in acting as agents in selling travel, tour, and accommodation services to the general public and commercial clients. TREES "Trees": An)' self supporting woody perennial plant \vhich has a trunk diameter of three (3) inches or more '",hen measured at a point four and one half (4 1/2) feet above ground level and which normally attains an overall height of at least ten (10) feet at maturity usually with one main stem or trunk and many branches. It may appear to have several stems or trunks as in sevcral varieties of oak. 1\11 mangrove trees shall be included hereunder, '",hich are four (4) fcet or more in height. TRUCKINC, TR'\NSFER, OR MOVINC OPERATION A use ...;hcrc trucking, transfer of goods or the moving of goods or property is thc principal use, and '",hcrc the use involves the use of such vchicles as are referred to in Section 11 3ea) of the City of BO)l1ton Beach Ordinances. TRUCKS, BUSES, F.'\RM EQUIPMENT, OR FARM: ~IJ:ACHINERY STOIV-.CE, PARKINC, SALE, RENTAL OR LE.'\SINC The keeping of any trucks, buscs, farm equipment, construction machinery or other vehicles referred to in Scction 11 3ea) of the City of BO)l1ton Beach Code of Ordinances on a prcmises for any length oftimc, for purposes other than the ongoing service or repair of the vehicle, ongoing deliveries requiring the vehicle, ongoing maintenance or construction projects, or wherc the operator of thc vehicle is registered at a licensed hotel or motel and thc vehicle is parked on the site of a hotel or motel. Ongoing service, repairs or deliveries shall be construed to be the keeping of such vehicles on the premiscs only for the amount of time that the vehiclc is being serviced or repaired, or is making deliveries. Ongoing maintenance or construction proj cots shall include overni ght parking on the premises for the duration of such a project on thc premises, during which the vehicle is actually uscd. This definition shall not be construed to prohibit tho parking of such vehicles as a customary accessorj use to a lU\vful principal use iNherc the ychiclc is own cd or operated by the ovmcr of the principal use, ivherc the vehicle is necessary for the opcration of the principal use, and \vhcrc the parking of such vehicles is not prohibited elsewhere in the City of Boynton Beach Codes and Regulations. TUXEDO. FORMAL WEAR. COSTUME RENTAL - An establishment primarily engaged in renting clothing, such as formal wear, costumes (e.g., theatrical), or other clothing (except laundered uniforms and work apparel)_ 84 April 3, 2007 UNITY OF TITLE - A document recorded in the Office of the Clerk of the Circuit Court of Palm Beach County, stipulating that a--tet, lots or parcel( s) ofland shall be held under single ownership, shall not be eligible for further subdivision and shall not be transferred, conveyed, sold or divided in any unit other than in its entirety. URBAN L'\ND USE The use ofland for other than agricultural, open space, conservation or preservation uses, including uses \vhich are clearly accessory and subordinatc to these uses. USE - Any purpose for which a building or other structure or a tract of land may be designed, arranged, intended, maintained or occupied; or any activity, occupation, business or operation carried on, or intended to be carried on, in a building or other structure or on a tract of land. USE, ACCESSORY - A use that is customarily incidental to the principal use and so neccssary or commonly to be expected that it cannot be supposed that these regulations intonded to prevent it. Accessory uses, unless otherwise provided, shall be located on the same premises as the principal use. USE, CONDITIONAL - A use that, because of special requirements or characteristics, may be allowed in a particular zoning district but only with conditions as necessary to make the use compatible with other uses permitted in the same zone or vicinity \vould not be appropriate generally, or without restriction, throughout a zoning classification or district. Such uses hov..'evcr, if controlled as to area, location, number or relation to the ncighborhood, "vould promote public appearance, comfort, convenience, general welfare, good order, health, morals, prosperity and safcty of the city. Such uses may be allowed in a zoning classification or district as a conditional usc if specific provision for such a conditional use is made in these zoning regulations. USE, PRINCIPAL - The primary or predominant use of any building, structure, or lot. +h€ primary purpose for \vhich land or building is used as permitted by the applicable zoning district. USE. PERMITTED - A use permitted in a zoning district, without the need for special administrative review and approval, upon satisfaction of the standards and requirements of this ordnance. USE. PROHIBITED - A use not permitted in a zoning district. USED MERCHANDISE Merchandise which has been previously owncd by another consumcr or other end user prior to being stocked or sold on thc premises. UTILITY - A governmental or franchised provider of water, sewer, electric, gas, telephone, telegraph, cable television or similar service. UTILITY TRAILER - A trailer or commercial truck which is rented, leased or sold primarily for use by household users for moving household goods, and specifically excluding truck-tractors or semi -trailers. VARIANCE - Relieffrom certain requirements of the regulations herein as described where such variance will not be contrary to the public interest and warranted due to conditions peculiar to the 85 Apn13,2007 property and not the result of the actions of the applicant, and when literal enforcement of this Code would result in unnecessary and undue hardship. A procedure by which un applicant may request modification of the requirements set forth herein under specific conditions which do not nullify thc intent and purposes of this ordinance. VEHICULAR SICN A sign or sign structure attached or affixed in any mUnner in or to any '.'"heeled vehicle for thc purpose of ad';ertising that business to v;hich the sign refers, excluding such signs attached or affixed to public transportation vehicles for business advertising purposes when such vehicles belong to a fully licensed public transportation company. A vehicle shall not be used to circumvcnt this sign code. V chicles v;ith vehicular signs shall be parkcd in the rear of commercial or industrial establishments. VIDEOS. GAMES & DVD RENTAL - An establishment primarily engaged in renting pre- recorded video tapes and discs for home electronic equipment for entertainment purposes. This use excludes adult entertainment. VINES "Vines": Plants which nOlmalIv requirc support to reach mature form. "VALL SICN surface itself. /\. sign containing copy, graphics, symbols and/or letters placed on the \vall WAREHOUSING - An establishment engaged in operating facilities to store e.eneral merchandise, refrigerated goods, and other warehouse products for distribution. They do not sell on-site, the goods they handle. WARNING SIGN ~ See "SIGN, SAFETY". \V ATER SYSTEM, CENTRAL - A supply of water to serve more than one user including the water source, pipes, pumps, tanks, treatment plants and all other appurtenances. WATER SYSTEM, INDIVIDUAL - A water source and other appurtenances supplying water to only one user. \V A TERW A Y - Any body containing water such as a canal, channel, ditch, drainage way, lake, stream, watercourse, etc. WCF - See "WIRELESS COMMUNICATION FACILITY". WETLANDS - Open bodies of water and those portions of a water body inundated at regular and periodic intervals, or those areas where vegetation is dominated by submerged and transitional species of plants listed in Florida ;\dministrativc Code Rulc 17 3.022. "VHIP ANTENNA TVhi13 Cll'ltel'l,'la ;\ cylindrical antenna that transmits signals in 360 degrees. 'WHOLESALE Sale of goods to consumers other than household consumers or to business and professional offices for usc in such offices. For the purposes of thcse regulations, a wholesale 86 '\pril 3, 2007 establishment shall be defined as an establishment where more than fifty (50) per ccnt ofthe ':alue of goods sold on or from the prcmises are sold at wholesale prices to customers or users othor than household consumers. WHOLESALE TRADE - An establishment engaged in selling or distributing merchandise to retailers or other businesses, excluding sales to household customers. 'VINDo~r / DOOR SICN Any sign which is painted on, applied to, attached to, hanging in or projected upon or within, the exterior or interior of a building glass area, including doors. For clarification purposes, signs in this definition includc, but arc not limited to, any identification, message, symbol, insignia, ':isual representation, logo type or any other form of communication. \VIRELESS COMMUNICATION FACILITY (\VCF) - Any manned or unmanned location for the transmission and/or reception of radio frequency signals, or other wireless communications, and usually consisting of an antenna or group of antennas, transmission cables, and equipment cabinets, and may include an antenna support structure. The following developments shall be deemed a WCF: developments containing new, mitigated, or existing antenna support structures, public antenna support structures, replacement antenna support structures, co location on existing antenna support structures, attached wireless communications facilities, concealed wireless communication facilities, and non-concealed wireless communication facilities. Excluded from the definition are: non-commercial amateur radio, amateur ham radio and citizen band antennas, satellite earth stations and antelma support structures, and anteImas and/or antenna arrays for AM/FM/TV/HDTV broadcasting transmission facilities. A TT ACHED - An antenna or antenna arrav that is secured to an existing building or structure with any accompanving pole or device which attaches it to the building or structure, together with transmission cables, and an equipment cabinet, which may be located either on the roof or inside/outside of the building or structure. An attached wireless communications facility is considered to be an accessory use to the existing principal use on a site. (See also FREESTANDING). CONCEALED - Also known as "stealth" or "camouflaged" , means a tyPe of WCF, ancillary structure, or WCF equipment compound, that is not readily identifiable as such, and is designed to be aestheticallv compatible with existing and proposed building(s) and uses on a site. There are two tvves of concealed WCFs, namely, Attached and Freestanding. They are further described as follows: Attached - Examples of concealed attached facility include, but are not limited to the following: painted antenna and feed lines to match the color of a building or structure, faux windows, dormers or other architectural features that blend with an existing or proposed building or structure. Freestandil1J! - Concealed WCFs usually have a secondary, obvious function which may be, but is not limited to the following: church steeple, windmill. bell tower, clock tower, cupola, light standard, flagpole with or without a flag, or tree. (SEE ALSO NON- CONCEALED). 87 pril 3, 2007 FREESTANDING - Any manned or unmanned location for the transmission and/or reception of radio frequency signals, or other wireless communications, and usually consisting of an antenna or grOUP of antennas, feed lines, and equipment cabinets, and may include an antenna support structure. A freestanding wireless communication facility includes, but is not limited to the following: guyed, lattice, or monopole antenna support structures. (See also A TT ACHED). NON-CONCEALED - A wireless communication facility that is readily identifiable as such and can be either freestanding or attached (See also CONCEALED). WIRELESS COMMUNICATIONS - Any personal wireless service, which includes but is not limited to, cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), unlicensed spectrum services utilizing devices described in Part 15 of the FCC rules and regulations (e.g., wireless internet services and paging). ,\fORK .^.ll construction for all facilities and features. WOOD PRODUCTS - An establishment primarily engaged in processing and fabricating purchased wood and / or wood parts into a variety of intermediate or final products. This use excludes pulp mills, wood preserving, pressure treating, and / or drying. WORKFORCE HOUSING UNIT - A dwelling to be sold or leased to an individual or family that is Income Qualified in which the rent or mortgage payments (including principal, interest, taxes, insurance and homeowner association fees) does not exceed 35% of the grosS income of households that are classified as low or moderate income households. 'VORKMANLIKE STATE OF MAINTENANCE AND REPAIR - Workmanlike stElle of maintenance and repair - ffi In compliance with all codes and ordinances pertaining to construction of buildings and installation of utilities. 'VRAPPED PARKINC STRUCTURE. /. parking structure that is envcloped with habitable or leascable space to disguise the actual function of the structure. .\ fully '.\Tappcd parking structure is one in 'Nhich thc garage componcnt, other than the acccss drivc, cannot be seen from any elcvation. .\ partially wrapped parking structure is one in which the garage componcnt extends abo'.'e the habitable or leaseablc space and can be seen from one (1) or more ele'.'ations. WRECKED MOTOR VEHICLE - A motor vehicle defined as such by Section 10 50 of the in the City of Boynton Beach Code of Ordinances. XERISCAPE - A set of landscape design and maintenance principles that promote good horticultural practice and the efficient use of water. The term Xeriscape is a registered trademark of the National Xeriscape Council and means water conservation through the use of drought tolerant landscaping or appropriate plant materials that do not require special attention and require little supplemental water to survive. Xeriscape designs do not resemble desert landscape but reflect the lush traditional appearance of Florida gardens. A landscaped treatment that substantially reduces irrigation demands by appropriate plant selection. 88 YARD - An open space on the same lot with a building unoccupied and unobstructed from ground upward, except by trees or shrubbery or as otherwise provided herein. YARD AREA - Yard area: "Yard area" shall mean the front, side and rear yard areas as established and required under the comprchcnsive zonIng code and the ZOnIng district requirements as applicable thereto. Y."'.RD SICN A temporary sign, not to excccd four (1) squarc fect, 'Nhich identifies a safety feature relatcd to the particular lot. ZONING CODE - That portion or section of the Land Development Regulations that establishes or regulates, including but not limited to permitted or conditional uses, minimum lot standards and site regulations, building heights, accessory uses and structures, and non-conforming lots and uses. Chapters 2 and 2.5 of the Land Dcvelopment Regulations as adopted by ~he City Commission. ZONING DISTRICT - Any certain designated described area of the City of Boynton Beach to which these regulations apply and within which the zoning regulations are generally unifonn. (Ord. No. 95 21, ~ 1,8 15 95; Ord. No. 96 28, ~ 1,1 16 96; Ord. No. 96 49, ~ 4, 1 21 97; Ord. No. 97 01, ~ 1,2 18 97; Ord. No. 98 04, ~ 1,1 2098; Ord. No. 98 31, ~ 1,8 4 98; Ord. No. 99 21, ~ 1,9 7 99;Ord. No. 00 55, ~2, 1017 00; Ord. No. 00 77, ~2, 12 01;Ord.No.0115, ~2, 87 01;Ord.No.Ol 50, ~2, 121 01;Ord.No.02 010, ~2,3 19 02; Ord. No. 02 033, ~~21,8 2002; Ord. No. 03 010, ~ 2, 1 I 03; Ord. No. 03 016, ~ 2, 5 2003; Ord. No. 03 018, S~ I 3,63 03; Ord. No. 03 031, S 2, 6 17 03; Ord. No. 03 062, ~ 2,12 16 03; Ord. No. 01 079, ~ 2,10 19 G4i S.Planning.Zonmg Code update\LDR Rewrite\Part IIr\Chapters\Chapter I PlannlJ1g\FlJ1al\Artlcle II Defimtions (graphics) doc April 3, 2007 89 ::w)*fltf~;~~~"~~;;'~!;..;/tjtj"'-<r"WJ".il1'lii.:",'~"-':.d_:'.<<.",!;>.,&;~"~~ki,.-silIi~~'~&\'06~:.~i<'J;aoI'!_Y'~!~4..';i;riilif~'~~~;~~~"Idr~I'"~~;d,;".tr!J:!"~"'iiiiiiwt.i:.;if.;ifi';;'j;;Li;;;;.;<';j;~~;,h,":;;"'::J,.,",'S4~,"'"''''';'''._, -..............................................................r . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ................................................................ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IX. OLD BUSINESS: A. APPROVAL OF A TRANSIT STUDY CONTRACT BETWEEN CRA AND PBS&J . . '. . . . . . . . . ,. . ,. ,. . . '. . ,. '. ,. ,. ,. . . . . ,. ,. . '.. RPR-04-2007 14:14 From: From: To:5367~241S~000~737325 P.2/6 0410212007 15:'2 1019 P.001/oo5 11~'We~ eRA iI Eat Slde~Wes, Slde~Souldo R.ontll...n.. BOYNTON BEACH eRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: April 10, 2007 A.GJ!;NDA lTJM: L I ~ CODICIIt Ageada I x I Old .......e.. I 1 . N....'.... ~bUc Heari.al: I I 00.1:1' --.J SUBJECT: Approval ofCOmract wi1h Post. Buckley. Schuh & J=dgan. Inc. (pllS&J) to Conduct 8 Transit Study for the Tr~ortatlOD. Conc~ Exemption An:a (TCEA) SUMMARY: At ~ re~Al' February (jb CRA meetina. the Board 5t!llet'ted PBS&. J to ~oD.duet 11 traDSit study foc the TeEA. The scope of service. incl_ the de'Velcpmmlt of Q translt study IW1 a local transit circulator p1an. once completed, the study and plan will be transmitted to Palm Beach County for revlBW. FISCAL IMPACT: A one time fee of $25,000 to be paid from C3encral Revenue. RECOMMENDATIONS: eRA stAff recommends that the eRA Board approve the at1aChed professional seJ'Viccm agreement with Post. Buckley, Schuh 8; Jernfpn,lDc. in the amount of$25,000. Vi.d4L ViVWl L. Brooks eRA Planning D~otor ..... T:\AGENCWI, CONSeNT AQSNQAS, MQNTHl Y REPORTSICorn,.. }\Qemllllt8m RaqUClIt I"'oma by MoUnll\FY' ~DaT Boerd MINlIII9f\01 D4 10 CPA Poii'd ~ . Aptl\Pe8&.l CGntnId.doc; ,", J .i..r'!\ POST, BUCKLEY, SCHUH & JERNIGAN, INC. Engineering Planning Architecture Public Client PROFESSIONAL SERVICE AGREEMENT THIS AGREEMENT, made and entered into , 2007, by and between Post, Buckley, Schuh & Jernigan, Inc. (PBS&J) and the Client identified herein, provides for the Professional Services described under Item 2 of this Agreement. CLIENT: Boynton Beach Community Redevelopment Agency ADDRESS: 915 South Federal Highway Boynton Beach, Florida 33435 CONTACT PERSON: Lisa Bright, Executive Director PHONE NUMBER: 561-737-3256 PROJECT NUMBER: 020835 SHORT TITLE: Transit Study & Circulator Plan for the TCEA 1. DESCRIPTION OF PROJECT SITE: Within the Boynton Beach CRA limits 2. SCOPE OF SERVICES TO BE PROVIDED BY PBS&J (If additional pages are necessary, they are identified as Attachment A): 1. Develop a detailed transit study of the TCEA. To include all new approved development with the TCEA. 2. Develop a local transit circulator plan (complementing or augmenting the County'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. (Refer to attachment for the project Schedule and terms to conduct the Monitoring Study) Any and all monitoring work will be agreed to at a future date with fees and duties negotiated at that time. Any agreement for future monitoring studies will be in the form of a separate agreement or may be an addendum to this contract. 3. THE COMPENSATION TO BE PAID PBS&J for providing the requested services shall be (If additional pages are necessary, they are identified as Attachment B): [ ] Direct personnel expense plus a surcharge of %, plus reimbursable costs.* [X] A Lump-Sum charge of $ 25,000.00, plus out-of-pocket expenses.* [ ] Unit Cost/Time Charges identified in Attachment B, plus reimbursable costs. * [] Other - See Attachment B. * See explanation under Item 5 below. PUBLIC WPD 4. IF PBS&J's SERVICES UNDER THIS AGREEMENT ARE DELAYED for reasons beyond PBS&J's control, the time of performance shall be adjusted appropriately. Except where the services provided are under a continuous service contract for more than one year, if the services under this Agreement are delayed for a period of more than one (1) year from the beginning date (as above provided), the fees shall be subject to renegotiation; any change in such fees shall apply only to the unfinished services as of the effective date of such change. 5. COMPENSATION: Direct personnel expense shall be defined as: the cost of salaries and fringe benefit costs related to vacation, holiday, and sick leave pay; contributions for Social Security, Workers' Compensation Insurance, retirement benefits, and medical and insurance benefits; unemployment and payroll taxes; and other allowed benefits of those employees directly engaged in the performance of the requested service. Reimbursable costs include: fees of Professional Associates (whose expertise is required to complete the project) and out-of-pocket expenses, the cost of which shall be charged at actual costs plus an administrative charge of 18% and shall be itemized and included in the invoice. Typical out-of-pocket expenses shall include, but not be limited to, travel expenses (lodging, meals, etc.), job-related mileage at the prevailing Company rate, long distance telephone calls, courier, printing and reproduction costs, and survey supplies and materials. In the event the requested service involves the use of electronic measuring equipment, computers, plotters, and other special equipment such as boats, swamp buggies, etc., an additional direct charge shall be made for the use of this equipment. It is understood and agreed that PBS&J's services under this Agreement are limited to those described in Item 2 hereof (and Attachment A, if applicable) and do not include participation in or control over the operation of any aspect of the project. Compensation under this Agreement does not include any amount for participating in or controlling any such operation. 6. INVOICE PROCEDURES AND PAYMENT: PBS&J shall submit invoices to the Client for work accomplished during each calendar month. For services provided on a Lump Sum basis, the amount of each monthly invoice shall be determined on the "percentage of completion method" whereby PBS&J will estimate the percentage of the total work (provided on a Lump Sum basis) accomplished during the invoicing period. Monthly invoices shall include, separately listed, any charges for services for which time charges and/or unit costs shall apply. Such invoices shall also include, separately listed, any charges for Professional Associates and reimbursable costs. Such invoices shall be submitted by PBS&J as soon as possible after the end of the month in which the work was accomplished and shall be due and payable by the client upon receipt. The Client may withhold 15 percent of the contract as a retainage. Said amount will be paid on completion of the project and delivery of the study in a form satisfactory to the CRA. The Client, as owner or authorized agent for the owner, hereby agrees that payment as provided herein will be made for said work within 30 days from the date the invoice for same is mailed to the Client at the address set out herein or is otherwise delivered, and, in default of such payment, hereby agrees to pay all costs of collection, including reasonable attorney's fees, regardless of whether legal action is initiated. The Client hereby acknowledges that unpaid invoices shall accrue interest at the maximum rate allowed by law after they have been outstanding for over 30 days. PBS&J reserves the right to suspend all services on the Client's project without notice if an invoice remains unpaid 45 days after date of invoice. This suspension shall remain in effect until all unpaid invoices are paid in full. It is understood and agreed that PBS&J's services under this Agreement do not include participation, whatsoever, in any litigation. Should such services be required, a Supplemental PUBlICWPD Agreement may be negotiated between the Client and PBS&J describing the services desired and providing a basis for compensation to PBS&J. 7. COST ESTIMATES: Client hereby acknowledges that PBS&J cannot warrant that any cost estimates provided by PBS&J will not vary from actual costs incurred by the Client. 8. LIMIT OF LIABILITY: The limit of liability of PBS&J to the Client for any cause or combination of causes shall be, in total amount, limited to the fees paid under this Agreement. 9. CONSTRUCTION SERVICES: If, under this Agreement, professional services are provided during the construction phase of the project, PBS&J shall not be responsible for or have control over means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the Work; nor shall PBS&J be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents or for the Contractor's failure to comply with applicable laws, ordinances, rules or regulations 10. INSURANCE: PBS&J shall at all times carry Workers' Compensation insurance as required by statute; commercial general liability insurance including bodily injury and property damage; automobile liability coverage; and professional liability coverage Insurance certificates will be provided to the Client upon request. Client agrees to require that PBS&J be named as an additional insured on insurance coverages provided by contractors on the project. 11. ASSIGNMENT: Neither the Client nor PBS&J will assign or transfer its interest in this Agreement without the written consent of the other. 12. SUSPENSION, TERMINATION, CANCELLATION OR ABANDONMENT: In the event the project described in Attachment A, or the services of PBS&J called for under this Agreement, is/are suspended, cancelled, terminated or abandoned by the Client, PBS&J shall be given seven (7) days prior written notice of such action and shall be compensated for the professional services provided up to the date of suspension, termination, cancellation or abandonment in accordance with the provisions of this Agreement for all work performed up to the date of suspension, termination, cancellation or abandonment, including reimbursable expenses 13. ENTIRETY OF AGREEMENT: This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. No alteration, change or modification of the terms of this Agreement shall be valid unless made in writing signed by both parties hereto. 14. DOCUMENTS: Any reuse by the client or others of documents and plans that result from PBS&J's services under this agreement shall be at Client's or others' sole risk without liability to PBS&J. 15. WAIVER: Any failure by PBS&J to require strict compliance with any provision of this contract shall not be construed as a waiver of such provision, and PBS&J may subsequently require strict compliance at any time, notwithstanding any prior failure to do so. 16. DISPUTE RESOLUTION If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties will attempt to settle the matter between themselves. If no agreement can be reached the parties agree to use mediation with a mutually agreed upon mediator before resorting to a judicial forum. The cost of a third party mediator will be shared equally by the parties. In the event of litigation, the prevailing party will be entitled to reimbursement of all reasonable costs and attorneys' fees. The parties mutually agree that a similar dispute resolution clause will be contained in all other contracts executed by Client concerning or related to this contract and all subcontracts executed by PBS&J. PUBLIC WPD 17. HAZARDOUS WASTE, MATERIALS OR SUBSTANCES: Unless otherwise specifically provided in this Agreement, PBS&J shall not be responsible for or have control over the discovery, presence, handling, removal, transport or disposal of hazardous waste, materials or substances in any form on the project site. 18. GOVERNING LAW: This Agreement shall be governed by and construed according to the laws of the State where the situs of the work is located. 19. LIMITED COPYRIGHT LICENSE: PBS&J grants Client a paid-up, non-transferable, non- exclusive license to make or have made copies of any copyrightable materials delivered under this Agreement. 20. INTELLECTUAL PROPERTY: With the exception of the Limited Copyright License herein, all worldwide right, title and interest in and to any and all Intellectual Property conceived, invented, authored or otherwise made by or on this Agreement shall remain the sole and exclusive property of PBS&J, its successors and assigns unless licensed or assigned by PBS&J pursuant to a separate written instrument. The term "Intellectual Property" shall be construed broadly to include all forms of intellectual property including without limitation all inventions, discoveries, designs, plans, improvements, trademarks, service marks and copyrights in drawings, computer programs, architectural works and in all other original works of authorship. 21. 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 this agreement shall be deemed to be public records subject to public inspection, subject to certain exemptions as set forth within Section 119.07, F.S. ATTACHMENT A - Draft Schedule & Hourly Rates ADDENDA A (if required) IN WITNESS WHEREOF, this Agreement is accepted on the date written above and subject to the terms and conditions set forth above. CLIENT: Boynton Beach Community Redevelopment Agency SIGNED: TYPED NAME: Lisa Bright TITLE: Executive Director DATE: POST, BUCKLEY, SCHUH & JERNIGAN, INC. SIGNED: TYPED NAME: Willson McBurney TITLE: Program Manager Planning/Landscape Architecture DATE: PUBLIC WPD ~~11A~'_l~"[1'~~f."""~"C";""'--"';'-,f",--"'~-'~---"'1iI:'~?,;~{~~i~~~-:,~~:it";(~~;:l~~Di.~.;;~Jt~~'~~.~~<~'J;,;f.'d~':~~bi~~~~l~W''iL0'~~11':~b;;';;';:_;~,)6_;\;:ii;~,i:_. -..............................................................r . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I............................................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IX. OLD BUSINESS: B. APPROVAL OF RECOMMENDED GENERAL CONTRACTING FIRMS TO NEGOTIATE A CONTINUING CONTRACT .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. f" ~~~~Y~T2~,CRA - East Side-West Side-Seaside Renaissance BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: April 10, 2007 AGENDA ITEM: I Consent Agenda Old Business I X I New Business Public Hearing Other SUBJECT: Request for Qualifications from General Contractors SUMMARY: At the regular meeting of January 9, 2007 the CRA Board authorized staff to issue a solicitation requesting statements of qualification from qualified general contractors or construction managers for preconstruction and construction services to be provided on an on-going and/or rotating basis. The solicitation described services desired to include preconstruction cost estimating, constructability analysis, and value engineering as well as construction and/or construction management. The solicitation stated the desire to select a maximum of three qualified firms to provide preconstruction and construction services on the following categories of projects: · Upgrades, reconstruction or new construction of underground and/or overhead utilities, including undergrounding of existing overhead utilities; · Upgrades, reconstruction or new construction of roadway and storm drainage improvements; · Streetscapes including but not limited to enhancements to pedestrian improvements such as decorative paving, pedestrian lighting, landscaping, street furnishings, and street graphics; · Renovations, reconstruction or new construction of public parks and related park improvements including but not limited to landscape, hardscape and public buildings such as restrooms, pavilions, etc.; · Renovation, restoration and/or remodeling of existing buildings of an historic character; · Renovations, reconstruction or new construction of residential structures for affordable housing purposes; and, · Other projects at the sole and absolute discretion of the CRA. The solicitation required that the statements of qualification include a cover letter providing a brief description of the firm, what category(ies) of services the firm is desirous of being considered for and a principal point of contact. The solicitation also requested qualifications of the firm and key personnel of the firm in relationship to the services being offered, and the general business terms under which the firm typically provides services. In addition the solicitation specified that the selection process would be based on the qualifications of the firm and key personnel, and the acceptability offee structure for preconstruction and construction services. Statements of qualification were received by the CRA staff from the following firms: · BSA Corporation, General Contractors · Burkhardt Construction, Inc. · Catalfumo Construction, Ltd. · Hedrick Brothers Construction · J. Mosca Builders, LLC · Kaufinan Lynn, Inc., General Contractors T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board Meetings\07 04 10 CRA Board meeting - April\Construction Services. doc / r 11~<!Y~T8~ eRA Ii East Side-West Side-Seaside Renaissance BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT · RDP Construction, Inc. · SanaliJ Construction, Inc. · Stanley Consultants, Inc. · The Weitz Company · West Construction, Inc. The eleven (II) statements of qualification were reviewed by CRA Planning Director, Vivian Brooks, and consultant Corey O'Gorman in relationship to the selection criteria noted above. Of those eleven (II), the three firms below provided statements of qualification that included acceptable fee structures for preconstruction and construction services, and demonstrated qualifications of the firm and key personnel which most closely match the category of projects to be constructe. by the CRA described in the solicitation: · Burkhardt Construction, Inc. · Hedrick Brothers Construction · Kaufman Lynn, Inc., General Contractors FISCAL IMPACT: None at this time. RECOMMENDATIONS: CRA staff recommends that the CRA Board approve selection of Burkhardt Construction, Inc., Hedrick Brothers Construction, and Kaufman Lynn, Inc., General Contractors to provide preconstruction and construction services on an on- going and/or rotating basis; that CRA Staff and Attorney negotiate agreements with each firm which agreement will provide general conditions of service including a one (I) year term with the ability to extend for four (4) additional one (I) year terms as provided in the solicitation; and return to the CRA Board for approval of the agreements. crL~~ CRA Planning Director T:\AGENDAS, CONSENT AGENDAS, MONTHL Y REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board Meetings\0704 10 CRA Board meeting - April\Construction Services. doc ~":1?~"'~--', t.lr.o't:~ ---,~- ._- ~l-~"'-"';~'~.iI'!llbt~~;iW~~i~"";;~YifuMjilll:&~,,.,,~t "....r~"iin;l;~~t'..;.-"'Mo'f....:{f'1ln"~" "'''r-''~''''''''"''''''''~.~'~;~w~M:.;,~i'''i&,ItJ1:",. -..............................................................r . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ................................................................ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IX. OLD BUSINESS: C. PRESENTATIONS & SELECTION BY TOP 3 PROPOSERS FOR THE DOWNTOWN MASTER PLAN VISIONING & IMPLEMENTATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11~~Y~T2~ eRA ill East Side-West Side-Seaside Renaissance BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: April 10, 2007 AGENDA ITEM: I Consent Agenda I X I Old Business New Business Public Hearing Other SUBJECT: Presentations by Top Three Respondents and Selection of Proposer for Downtown Master Plan RFP SUMMARY: In December 2006, the CRA issued an RFP to solicit proposals to create a downtown master plan. 19 proposals were received from all over the country. The selection committee was made up of Quintus Greene, Director of Development, Mike Rumpf, Director of Planning and Zoning, Matthew Barnes, Planning and Development Board member and planner, Melissa Hudson of Lennar Homes and Vivian Brooks, CRA Planning Director. The attached spreadsheet details the ranking criteria and the corresponding points that each respondent received. Based on the points received by each firm, the top three firms are Torti Gallas and Partners, EDA Wand Peter Smith and Co. These firms will each present a 15-20 minute PowerPoint highlighting their past experience with the scope of work outlined in the request for proposals, FISCAL IMPACT: To Be Determined. . RECOMMENDA TIONS: . CRA staff recommends that the CRA Board select one of the three top proposers to provide charettes and develop a downtown master plan; that CRA Staff and Attorney negotiate an agreement with the selected firm which agreement will provide general conditions of service including a one (1) year term; and return to the CRA Board for approval of the agreement. L{lJ?2~ Vivian L. 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'U Request for Proposals To Conduct A Visioning Workshop and Development of a Downtown Master Plan For I' Boynton Beach, Florida Boynton Beach Community Redevelopment Agency Submittal Deadline: January 26, 2007 The Boynton Beach Community Redevelopment Agency ("CRA") invites qualified firms with demonstrated expertise in the areas of urban and town planning, urban design, and related fields to submit qualifications for conducting visioning workshops and the creation of a downtown master plan for the Boynton Beach Community Redevelopment Area. Upon selection of the most qualified firm, a contract will be entered into that requires visioning exercises, community meetings, graphic renderings and the completion of a Downtown Master Plan for the downtown area within six months after a notice-to-proceed has been issued. Once the plan is approved by the CRA, it will be integrated into the Official Community Redevelopment Plan and therefore must be consistent with the City of Boynto~ Beach's Comprehensive Plan. General Information The City of Boynton Beach is located in southeastern Florida in Palm Beach County' along the Intracoastal and has a population of approximately 60,000. The Community Redevelopment Area is located along the eastern area of the City (See Attachment "A"). The study area lies in the in the center of the CRA (See Attachment liB"). There are two major thoroughfares, U. S. Highway One and Boynton Beach Boulevard within the study area. The area is primarily commercial in nature with some older homes and condominiums. The Future Land Use of the study area is primarily mixed-use with densities up to 80 dwelling units per acre. However, to date, only one mixed-use building has been constructed in the downtown area. Scope of Services The successful firm will plan and execute visioning workshops and create a downtown master plan for the study area that will provide direction for the future by addressing the built and natural environments and their relationship to the larger community. The waterfront and its role in the development of the downtown shall be a key element of the work. These services include but are not limited to the following: · Meet with members of the CRA and City and CRA staff to discuss the project and product deliverables. · Conduct at least two visioning workshops. · Creation of graphics to be used in viSioning workshops. · Provide e~amples of integrated thematic elements to create a brand for the area. · Review existing CRA plans, present and Future.' Land Use, waterfront relationship, census data, area history, and other related sources of information that will assist in attaining the necessary depth and breadth of understanding for the study area. · Integrate final results with the Community Redevelopment Plan for the CM. · Provide a comprehensive "Downtown Master Plan" within six months of the "Notice to Proceed." The report shall be provided in hard copy and electronic format. Minimum Qualifications · Experience in completing similar projects for other communities with similar characteristics and demographics. · Experience in engaging community leaders and residents in successful charrettes, public hearings and workshops. · Experience with urban design principles. · Ability to create visual aids to educate charrette participants about urban design principles. · Ability to create an interactive, hands~on charrette that is engaging to participants. · Experience in directing charrette partiCipants in coming to consensus in. the charrettes. · Experience in producing work products that are professional, informative, reader friendly, and clearly outline specific and obtainable goals. Selection Criteria · A firm will be formally selected by the CRA Board of Directors. · Firms submitting qualifications may be required to make a presentation to the CRA Board of Directors. · Evaluation of qualifications by CRA staff will be made on a predetermined basis to ascertain which proposal best meets the community's objectives. Proposal Criteria The proposal must include the following: · Name and address of the proposing firm or entity. · Proposal amount and rates. · 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, · A list of clients and phone numbers. 2 Timeline: December 15, 2006 Publication of Notice of the RFP December 21, 2006 Pre-proposal meeting at CRA office at 9:00 a.m. /' January 26,2007 Proposal packages due by 3:00 pm February 13, 2007 Selection of contractor by CRA Board of Directors Submittal Requirements: Provide ten bound copies of the Proposal to: Vivian L. Brooks CRA Planning Director Boynton Beach ORA 915 S. Federal Highway Boynton Beach, Fl 33435 Submittals must be received no later than 3:00 p.m. EST on Friday, January 26,2007 at the CRA offices located at 915 S. Federal Highway in Boynton Beach. Faxed proposals 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. Contact: 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@ci.boynton-beach.f1.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 ORA 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 3 American Arbitration Association will govern. This arbitration is .hdependent 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 eRA as conclusive proof of a breach of this provision. If Proposer does not demand arbitration within 15 days, or jf arbitration is conducted and it is determined by the arbitratbr 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 CRA'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. Formation of Contract The existence of a contractual relationship between the parties is contingent upon the terms and conditions of the contract being negotiated 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 five years. 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. 4 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 ~ 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 thre~hold 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." 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 EXHIBIT "A" City/CRA -- TRANSPORT_GIS_BB_Streets03 1(:1 POLlTICAL_GIS_City_Boundary_05 o DEV_ GIS_Community _RedevelopmenCArea EXHIBIT "B" STUDY AREA -..............................................................r . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,............................................................... ,,'~"""'-'_.... -, - -- '-'~'-'-I--""i'- "'<t<i"'~~!;ti:i,;,,:,;;.Jii,;Ji;.,;~tll'l.-i~"'._.....Ift."n~'''rt')t~~~,,'i;j;1i;.'ti;~;:.t"'~;jf~~~'fk~;V<fi>':j".=.Ir-<:lr.""""'I,.;;~"$.,,.:.i;~,~~,.;j'i.;,~;j~...."'d<,,,.._~,~;'-.'<>.,.,' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . x. NEW BUSINESS: A. DISCUSSION AND APPROVAL OF FY 2005-2006 CRA AUDITED FINANCIAL STATEMENTS .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . ..