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Agenda 05-08-07 3QYNTON.i'~ 31: AC-HL East Side-West S'lde-Seas'lde Rena'lssance 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. eRA Board Meeting Tuesday, May 8, 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 of the Minutes - CRA Board Meeting - April la, 2007 B. Approval of the Monthly Financial Report and Budget Amendment C. Sea Mist Acquisition Status (info. only) D. Review of Infill Site Plans & Home Designs (Parker Site & Habitat Site) E. Marketing and Communications Update (info. only) F. Residential Improvement Grant Program (info. only) VI. Public Comments: (Note: comments are limited to 3 minutes in duration.) VII. Public Hearing: Old Business: None New Business: A. Harbor eay Site Plan Time Extension 1. PROJECT: AGENT: OWNERS: LOCATION: DESCRIPTION: B. Boynton Beach Lofts Site Plan Time Extension 1. PROJECT: AGENT: OWNERS: LOCATION: DESCRIPTION: Harbor eay (SPTE 07-006) Sid E. von Rospeunt, Managing Member for Harbor Cay, LLC Harbor Cay, LLC East side Federal Highway; approximately 160 feet north of Gateway Boulevard Request for a one (1) year site plan time extension for Harbor Cay (NWSP 06-011) approved on May 2,2006, from May 2,2007 to May 2,2008. Boynton Beach Lofts (SPTE 07-007) Bradley Miller, Miller Land Planning Consultants James A. Seifert/Addison Properties of South Florida, Inc. 623 South Federal Highway Request for a second one (1) year site plan time extension for site plan (NWSP 05-008) and height exception (HTEX 05-001) originally approved on April 19, 2005, from April 19, 2007 to April 19, 2008. C. Land Development Regulations Rewrite eode Review 1. PROJECT: AGENT: DESCRIPTION: Land Development Regulations (LDR) Rewrite (eDRV 07-004) Use Matrix and Notes City-initiated Group 2 deliverable as indicated on the proposed LDR Rewrite Work Schedule, including the Zoning Use Matrix and corresponding Notes and restrictions to ultimately replace and enhance portions of the current LDR Part 3, Chapter 2. Zoning, Sections 5 through 8. VIII. Pulled Consent Agenda Items IX. Old Business: A. Approval of City/CRA ILA for the Avenue of the Arts B. Approval of EDA W Contract C. Approval of Recommended Professional Services Providers per RFQ D. Approval of PBC Development Regions Grant Agreement for Village Homemade Ice Cream E. Presentation of Treasure Coast Regional Planning Council Market Update X. New Business A. Consideration to Purchase 127 NE 4th Avenue (Bailey) for Townhouse Project XI. Comments by Staff XII. Comments by Executive Director XIII. Comments by CRA Board Attorney XIV. Comments by CRA Board XV. Adjournment ( It, . Lakeside Harbor Homeowners vs. Harbor Cay LLC o Our fIrst meeting with Sid Rospeunt was on January 14th 2006, regarding his vision for the community. o On February 20th, 2006 we received a letter informing us he was concerned with the overall appearance of Lakeside Harbor Drive. With this we were in agreement with and have been trying unsuccessfully to get his co-operation in repairing the properties in question. o Entry Gate: This gate was installed and properly permitted by the City of Boynton Beach prior to purchasing said property. With that said damage was incurred during the demolition part of his project along with the electric and key entry system being tom out. (please see attached picture of was is left of the gate) (Also attached see the letter sent to Harbor Cay regarding there intentions to this matter) o Community Dock: Please refer to the letter dated May 31, 2006. On June 3rd, 2006 we had a meeting with Sid and gave approval for him to move forward to obtain a permit to replace the damage dock to the east of all our properties. He advised us "Our community is running out of time before the dock will be condemned". With this we were in agreement on and a permit was issued to him on Sept 8th, 2006. The dock is still standing in disrepair and it is not an opportune time for him to replace it nor would he release the permit to us to have the job done ourselves. oWe have tried to have a conversation with him regarding the road and what we can aspect during his construction phase of the project. He has no regard or care as to what will happen to our cars only that he will do no more that is required, but this is a unique situation where this is the only means of access to our homes and is a major concern for us (please refer to attached picture as to the condition of the roadway). IN CONCLUSION WE ARE ASKING FOR INTERVENTION ANI) A CONDITION ADDED FOR HIS REQUEST OF TIME . EXTENSIONS TO INCLUDE: A privacy wall built, along with our gate replaced, as depicted or similar to the one attached, by Harbor Cay Town homes prior to start of construction and a requirement for permit thus assuring us we will have privacy and maintain the value of our properties, should this project default. ~~ JtftMJf'J 4, 2006 Dear Lakeside Harbour Residents, We would like to welcome aUof~ to a spedal1:eald8st to present the exddngpJan D Harbor Cay TownMmes : SaturdaytJanuary 14lbat 9:00nn at the IHOPlOcat.edat Hypoluxo &PederalHigbway RSVP 561. 734..3COO During the cowse c:i1:eald8st the staff c:iHarbor CaywUl introduce ourselves &otk an overview ci our vision b our community. AdditiooaIlvt this will be an open btun b any questions or concerns that ~ may have. We look bward to seeing \Uu there., ..9k'~d~~ .3Z~~~ HMhor G.y, LLe 605 LalusiJe Harbo-r Drive, Boynton B,,,,b, FlMida 33435.. r,l: 56'-734-3000 Fax: 561-734-3005 www.lu...I1of.tll..tom ~~ . \.({f/~ February 20, 2006 Mr. . John V. Yul) 630 Lakeside Harbor Drive Boyn~ Beach, Ft 3343.5 ME: LdGIM HtU'bor Dear Mr. Yull Our Company has acquired several properties within this tine comniwuty. As you are awa:re, we are in the pl'OeelSS to develop exclusive town homes on the pnlperties. Please visit OlD' website at www.hatborcay.com for further information. We are very' CO.\"1Cemed with the overall appearances ofLakcside Drive and the Community Dock as wi1h the situation of the once woddng en'ttJ Gate. We offerl since we are now the single ~i landowners to sit down with you to discuss and furm a plan how 1.0 improve the ,Lakeside Harbor Neighborhood as a Cmnmunity. We therefore sugest the follo'll\liDR.. topic: EttIry GtIt.: The curre,nt inoperative Gate. located on, cur property is not up to coe,h, a."1d the orliinal installer is not. irtterested to do a,ny work on this gate.lft\e rest of the COftunumty v.ishes to move the gak\ it has to be beyond our propettyt a minim~ of 22' ~ of width and a turning lane prior to the pte beyond our propert)' We encourage discussions with all of you so the gate can be removed from our property, c~ Dod: As you are aware the current dock i~ in bad conditions and needs imm.ediate work to ensur.e safety of anyone using fhe dock. We would like to setup a commiuee for the Dock so di~"USsk.ns can be entered in rebuildirJg the dock and possible extension of it further into the Lake Worth Lagoon with some C omml1nity transient docks. We extend the offer that we would undertake this project with us assumina the bulk of the work to deal 'with the prop<e:r authorities and fu~ fundin$ :q",.t..,r C~, l..ie t,:0('. LaJustde H41'bonr, BO)lntCfl Bl4Cb, Florida J34.L'i, Tel: :;0; -:,'.H-30,:;,0 www.6....bcf.l"4Y.Cl>m Fax'161.734-30{.)j '.. Ldallh HtUbo, Drive: \lle encourage everybody to woIk on improvina the private road from Federal Highway to the lntracostaJ Waterway so a better Community appearance can b~ found. Again we ere prepered to take on this work for the Communityatb:r discussions and consents. We appreciate your time to read oW' letter and look forward to hear from you and have a Community meeting within the next 30 days at our DeveJopltJtmt office at 600 Lakeside Harbor Drive to find solutions toO the subjects. Sid E. von Rospeunt President, AmerCan Development, Corp. ~ Member Harbor Cay. LLC a groupo tango company Cc: Legal Department B.W.Keiher. Esq. Oreenhq & Traurig, P .A. Miami ~i~ . ..1 .' May 31, 2006 To: All Property Owners on Lakeside Harbour Re: Repair to the Dock at the Eastern End of the Easement to Dixie Highway A letter authorizing the agency of Harbor Cay, LLC was presented to the community a few weeks ago, and then a revision to address the concerns of some neighbors. The authorization is for the SOLE PURPOSE of obtaining permits to "Remove and Replace" (R&R) the dock. The authorization does NOT grant favored status to ANY property owner vis-a-vis rights, access, future obligations or ownership. The latest Authorization of Agency will be reprinted, and a meeting will be held at the Development Office of Harbor Cay at 9:00 am on Saturday, June 3rd, 2006. Your attendance is required only in that your signature is. However, the entire community has much to lose; a plan of action is to be devised, as an entire community, which must not fail. Be advised that our community is running out of time before the dock will be ordered condemned by the City of Boynton Beach. If this comes to pass, and the dock is actually removed, there is a significant possibility that the Florida DEP or the Army Corps will not allow what will be considered to be a 'new' dock to be built. Despite assertions to the contrary, the damage to the dock is not reparable with a band-aid, it must be rebuilt from scratch. We have researched the subject of the R&R of the current dock structure. The FLDEP and Army Corps, for an R&R, are generally accepting for petitions to exactly replace an existing damaged dock. The City of Boynton Beach will not accept an application for the permit to R&R without prior approval from the FLDEP and Army Corps. The FLDEP, and through their auspices the Army Corps, will not accept a petition without the dock owner's signature. Our dock has no 'owner'. The loose affiliation of property owners on Lakeside Harbour each have access rights to the easement, and therefore the dock. Thus, an 'Authorization of Agency' must be signed so that a recognized entity may submit the petition. It is improper for any individual property owner to extort or hold hostage the rights of the majority of the owners, as the loss of the dock will adversely affect the property values of all owners. litigation to resolve such issue will take time that we do not have. We will lose our dock. Don't let this happen. Kindly R.8. V.P. to our office at (561) 734-3000. A continental brealifast will be served. Harbor Cay, LLC 605 Laktsidt Harbor DriVt, Boynton Beach, Florida 33435. Ttl: 561-734-3000 Fax: 561-724-3005 www.harborcay.colIl The City of Boynton Beach DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSON 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 TEL: 561-742-6260 FAX: 561-742-6259 ~ ((( "\ y~ www.boynton-beach.org April 19, 2007 Harbor Cay LLC AmerCan Development Corp. 605 Lakeside Harbor Drive Boynton Beach, FL 33435 RE:Harbor Cay Dear Sirs, In an effort to facilitate the successful development of your property with minimal impacts upon adjacent residents, the City is respectfully requesting that you apprise the Planning and Zoning Division of your plans for the removal/relocation of the entry gates previously installed by past owners and residents of Lakeside Harbor Drive. This information would allow the city to be the "repository" for accurate, factual information for its residents. It is the city's hope that the value of this gate to the neighborhood continues to be recognized, ultimately leading to a location for the gate that is mutually beneficial and acceptable to all parties. Please contact me at your earliest convenience to discuss this matter. Sincerely, _ Michael W. Rumpf Planning & Zoning Director S:\Planning\SHARED\WP\PROJECTS\Harbor Cay\Previous Entry gate to Lakeside Harbor Drive,doc March 29, 2007 Ame~C(Jn Developmen-t: Co~p. o Groupo Tango Company John Vull, Spokesperson lakeside Harbor Property OWners 630 lakeside Harbor Boynton Beach, FI 33435 Via Facsimile: 561-740-3311 Via personal delivery :-,'1; 'T--...~- :2';::-:-::-:" :~;:::~:-,"":;':'~ .-~:: ";:' c.:r :' r:.,'-;- Dear Sir: We are in receipt of your letter and are insulted by the tone of it. Therefore a decision has been made to forward this materto our L.ept Department fer funher responding. Further be advised, that we are not releasiol the permit extensIon, flied and plaid by ",1 to you and advise you. that the proposal from Ray Qualmann Marine Construction was made to us., not to you. Therefore Ray Qualmann Marine Construction if he plilns to INork with you 1Irec:ttv will need to bid the work to you, since we will not relellse the Contractor from his proposal to us. Should you choose that l'Otrte. please be advised. thet as the larwest propertv owner on the bloct we wII need to be informed of any actions talen by your ~ IIffUlatfons Intention. Sid E. 'IOn RospelJnt President Managing Member for Harbor Cay, LLC Cc: Ray Qualman Marine Construction CC: Bruce W, Keihner, Esq. General CounSQI 600 LG1keside l-I.:ll,.bo,., Suite 100, Bo~ntof'\ 8e~ch, t=lo,.idcll .33435 561,]34-3000: office 561-~4-1969:fG1X ~'d 696~-v~~~ 301::1::10 3AIln03X3 dgo:t;lO LO ~ JBL'\I I I · Key Findings & Recommendations: Market Analysis Update ~'-'l:~~~H,,~....,4f\;~mtW-. ~,"~'~*iJ~=~ -, Economics Research Associates · ERA Scope of Work · Relevant Market Trends · Market Potentials & Preliminary Development Program · Next Steps - Financial Feasibility & Planning Evaluation/Testing Economics Research Associates · Understand the fundamentals-what is Boynton Beach's economy today? · Identify drivers of demand that support new development · Examine real estate market trends & characteristics · Test market potentials for a range of uses-housing, workplace, supporting retail · Measure financial feasibility-does redevelopment makes sufficient financial sense? · Outline CRA/City responsibilities to induce redevelopment Economics Research Associates Palm Beach County . Population expanded by 129,000 in 46,000 new HHs since 2000 . 2007: 1.2 million residents, 515,000 HHs . 2012: forecasts suggest 101 ,000 new residents in 36,000 new HHs (7,200 per year) . Population is aging slightly: 44 today, 46 in 2012 . Average HH incomes expected to jump from $87,000 to $108,000 next five years . Increasingly diverse population Economics Research Associa1:es Boynton Beach · Boynton's share of County has held steady-6.50/o · 2000-07: 8,000 new residents in 3,000 HHs ( 440/year) · 2007: 77,800 residents, 34,000 HHs · 2012: Pace of growth to increase-6,300 new residents in 2,400 HHs (480/year) · 2020: 17,300 new residents in 6,600 HHs (500/year) · Average HH incomes of $64,000 to rise to $76,000 next five years · Strongest growth expected among peak earners, empty nesters Economics Research Associa1:es Palm Beach County · 2000-07: 53,200 new jobs (7,600/year) · 2020 forecast: 114,500 new jobs (8,800/year) · Strongest sectors: Services (600/0) & "FIRE" (260/0), Construction · 33,000 jobs in Boynton Beach-60/o of County total ("fair share")-majority in Retail sector · City's share expected to increase; 1 0,200 new jobs by 2020 · Critical barometer of demand for new commercial development Economics Research Associa1:es Boynton Beach · City issues 675 permits/year (avg. since 1997)- 500/0 split between MF & SFD · County issues 11,600 permits/year-670/0 SFD · Upward pressures on market dynamics-loss of rental units to conversions, declining vacancies, price escalations · Median price of SFD: $350,000 (citywide), $222,500 (C RA) · Reported 580/0 increase in rents since 2000: $1, 150/month (2005) Economics Research Associa1:es Comparable Projects · Profiled 20 for-sale residential projects along A 1 A · Market activity has slowed substantially in past 18 months · Slowdown producing significant excess inventory, conversions to rental, site plan extensions, project cancellations · Delayed market recovery could further increase inventory · Condominiums: $289..$520K/unit & average monthly absorption of 7 units · THs: $221-$337K/unit & average monthly absorption of 3 units Economics Research Associa1:es Boynton Beach · Inventory: 5.7 million SF -130/0 of County · Suggests 74 SF per County resident-far above national average of 26 SF/capita · Reflects City's role as dominant retail destination, importance to tax base · Active leasing market-789,OOO SF absorbed since 2001 · Vacancy rate of only 20/0 · Average rents of $17 per SF-below threshold feasibility for new construction · Apparent opportunities: $4.7 million in retail leakage within 1-mile of Seacrest Village site Economics Research Associa1:es Boynton Beach · Demand driven by 'rooftop' growth for professional & business services tenants · Inventory: 1.8 million SF in 84 buildings-County share limited (4010) . "Class A" properties comprise only 17010 of inventory · Key metric: 63,000 SF average annual absorption- compared to 600,000 SF countywide . Price-sensitive market: lowest vacancies among Class C stock . 10,000 new jobs forecast for the City bodes well for office demand Economics Research Associa1:es Housing I Unit Type* For-Sale For-Sale MF Workforce Total Scenarios Condos THs Rental Condos Units Baseline 100 64 126 126 415 Moderate 168 84 219 206 677 High 236 103 312 286 938 Average Net Density Total (Units Per Average Absorption Units Acre) ** Per Year Per Month Baseline 415 20 42 3.5 Moderate 677 32 68 5.6 High 938 45 94 7.8 * Residential program assumes 30% workforce housing per City code. **Assumes that 20% of Seacrest Village is set aside for circulation, open space, stormwater, etc. Economics Research Associa1:es Retail · Issue of investment-grade retail standards · Primary markets: each resident typically supports 3 to 7 SF; each employee supports 2 to 5 SF · Each visitor supports 0.5 SF · Growth in office & residential generates new retail demand · Partial-year residency affects resident-based demand · Population growth fueling overall strong demand - dominated by West Boynton Economics Research Associates Retail · Significant physical constraints of HOB site (lack of frontage, FEC RR) limit market potentials · Theoretical opportunity to stem retail leakage · Second-tier grocery store critical to support neighborhood retail program · Limited supporting convenience/service tenants will follow · Subsidized* arket Potential: 50,000 to 75,000 SF (with grocery store) · Without grocery store: 15,000 to 30.000 SF Economics Research Associates Supporting Uses: Professional Offi ce . Majority of new office development in Boynton expected in superior locations (e.g., downtown, West Boynton) · HOB site is a tertiary office location . Limited market for "rooftop-serving" professional office tenants . Public sector tenant could induce the market . Market Potential: 5,000 - 20,000 SF Economics Research Associa1:es Next Steps . Financial Feasibility Study (May/June) . Planning Evaluation/Testing - will integrate market study, financial feasibility study, and evaluate physical development program on site (June) . Work-In-Progress Presentation: June 12 Economics Research Associa1:es BB FBCDC Town Home Project · NE 4th Avenue & NE 5th Avenue · 1000/0 Affordable For-Sale Units · CRA Property to Be Sold to CDC Proposed Expanded Project Scope · Prominent Frontage on NE 5th Avenue · Provides Additional 5 Units, New Total of 45 · COC to Pay 50% of Land Costs · 2.80 Acre Site · Near Parker Site Proposed Site Plan .... - .:t::.... .-. _.. _ ._._. _. _ ._. .._ :I"'_.._._..J ~ ~ . .. ... .. :-. I;..k^i"kolit'i> ::'"~'~.-~U ~!;;~;L ,~,.., "'lI'y.. M.!ol:l>tlILfY ""rl~-"il . ......~ .".W1.... l.t...........u:.~'l!I:;<fof>f::U : .lA..:.;t . '3.F1~1.': 11 I L I J "'11 ::.. J: ..c.! : '-n-:' It .. 1-:1 !:":i .\7"3". Proposed Site Plan .a. * ..J. -- ..-. -.. _... - ._ .._. __. _ .:1:.. . _. _.. _ .._ ._. _ ...._ .._ ._. t'_ _._.-J . .. .. ...... ~;"%'S grn 'P'A& .. ... it ,,~.... ...~""'~,} : 'lJ...r: .. .-. A;'~'l~~. j ~ Bailey and Adjacent 2 Properties ~~~L JC~1' ~"_!>t!'M"W NW' 4nl "_..1':M,~ t .a. ,t' ... fill LDR RE"lRITE 2007 Zoninf! Use Mat-~ix, Not~s & Restrictions The City of Boynton Beach Departments of Development and Engineering & Public Works May 2007 Project Objectives Preserve/Utilize initial worl( efforts; . Maximize user-friendliness; Continue public and pro. involvement; II Use flexible approach; and Maintain priority functions of PZ Division. LDR Format - Article headings Chapter 3 - Article I. Article II. Article III. Article IV. Article V. Zoning Overview General Provisions ZOllil1gDistricts and O\Terlay Zones Use Regulations S upp 1 elnen talRe gulati ons Zoning Use Matrix . Attributes: -All uses explained in one table -Like uses merged for simplicity/consistency -Terminology from NAICS implemented -New (or improved) use titles and descriptions -Continued implementation of M-I Study Zoning Use Matrix All uses explained in one table: Before (C-4 district example)- 1. Uses permitted. Within any C-4 general commercial district, no building, structure, land or water shall be used except for one (1) or more of the following uses: a. Any use permitted in C-1, C-2 or C- 3 districts. Zoning Use Matrix . Like llses Inerged for silnplicity/consistency: Before (from CBD)- -Art, craft, liobb}T, and se\vilig supplies. -Florist shops, including sale of house plants. -Bic)Tcle sliops. -Pet shc)ps, ..... -Office supplies and equipment. -Bc)ok stores., ne\vs dealers, and tobacc() shc)ps. -Sporting goods, game and t()}T stores. Zoning Use Matrix Like uses merged for simplicity/consistency: After - -_Art, Book, Craft, Hobby, ~1usic, Sporting Goods, & TO)TS Total uses refortnatted frotn 446 to 150! Zoning Use Matrix Terminology from NAICS implemented: . Use category headings- -HJ~S11)FNTl \1. & LCH)C;TNC; -C(}1\ll\n~ H.J] ,\1 ,- H.erail Sales -c (}l\ll\l LHJ~ L \J ,-~ervices -en;l ;ICI~ & HI~L\J JTll CL\HJ:~ -PlTBLTC & (]\TIC L~Sl~S -_\H.TS, r~NTI~H.T \TN l\LENT & HJ~CHJ~L\ TT()N L\J, -I~l)UC:\ TTC)N ,\L -TN I) USTHJ .\1 ~-1\ Ianufacruring, l,'abricaric>11, and Processing -lNl)l'STRL\J ,-Storage, l)isrriburion, & \\'holesale Trade -lNl) USTHJ \L,-Services Zoning Use Matrix . Terminology from NAICS implemented: . Individual use titles- C=C)J\l~ll~RC=IL\L / RI:.T :\II~ S~\I JF~S & SI~R\TIC=ES -Retail Trade (44-45) _ L\utomotive Parts,i\cccssorics, and Tire -Beer, \X1ine, & Ijquor -Boat Dealers -Book, Hobby, J\fusic, Sporting Good, & Toys -C=ar Dealers, Ne\v -C=ar Dealers, LJ sed -C=lothing & J-\cccssories 4413 4453 441222 451 44111 44112 448 Zoning Use Matrix New (or improved) use titles and descriptions: -Check Cashing -Counseling -Diet & Nutrition Center - Entertainn1e11t, Outdoor -Health & Personal Care -Mobile Hon1e Parl< -Multiple group hOlne categories -Pet care (Boarding & day care) -Research & Developlnent, Scientitic/Technological - Tutoring/Institutional Zoning Use Matrix Continued implementation of M-l Study: General Note #8 (pg 11 of Nc)tes) -1:1 -1 district. As a principal or accessory use, it is allc)\v'ed if tl1ere is a minimum ~ of three ..L hundred (300) feet between the use and a residential zoning district. Said distance shall be measured in a straight line from the property line of the subject use to the property line of the residential zoning district. Zoning Use Matrix Continued implementation of M-l Study: . General Note #9 (pg 11 of Notes) - ~1-1 district. Tllis non-industrial use is allo\"ved \y'itIlin tIle ~if-l district bllt it sl1all ()nl\, 11e lc)cated ()n .; a lc)t or leased parcel that .fmriliulli an arterial c)r collector r()ad\va\T. -' - . Zoning Use Matrix Continued implementation of M-I Study: General Note #10 (pg 11 of Notes) -M-1 district. This industrial use is allo\ved on an arterial or collector road\vav \vitl1in tl1e ~1-1 district onlv if the . . establishlncnt l1as an acccssorv c0111111ercial C0111 Ol1.cnt to thc operation. This establishment will be required tCl meet the follo\ving criteria: Location. The accessory COlnlnercial cOlnponent shall be located \vithin a building situated on a lot or leased parcel that fronts on an arterial or collector roac.hvay; and Interior. . \n indoor sho\\Toon1 of at least 250 square feet shall be required for establishlnents 25,000 square feet or less. . \n indoor ShO\\TOOll1 area of at least one percent (1 u/o) of the gross floor area shall be required for establishlnents greater than 25,000 square feet. Notes & Restrictions . Clear and concise wording: -Wholesale Trade (Note #66) -Bed & Breakfast provisions (Note #19) -Gasoline Stations (Note #28) -AutolTIobile Rental (Note #37) -Dry Cleaner (Note #43) -Contractor (Note #69) Lakgside J{ar6or Mr. Sid von Rospeunt Harbor Cay 600 Lakeside Harbor Boynton Beach, FL 33435 Dear Mr. von Rospeunt: The property owners of Lakeside Harbor would like to clarify the situation regarding the community dock. As it stands now, it appears to us that you are not willing to fully cooperate with us as an entity for the repair/replacement project as we have recently disQJssed. On February 20, 2006, you sent a letter to the property owners of Lakeside Harbor stating that you were offering to undertake the community dock project by assuming the bulk of the work to deal with the proper authorities and Mure funding. You also stated in the letter that the current dock is in bad condition and needs immediate work to insure safety of anyone using the dock. However, over one year has passed since we received this letter and you have not followed through with the project. Therefore, we met with you at your office on March 19, 2007 and we extended our offer to divide the cost of the community dock project among all property owners. You agreed to this proposal. We are prepared and ready to begin the project immediately. Therefore, we must set a time limit on the commencement of the project. We have provided you with your share of the estimated cost and request your payment of $5407.75 by April 1 0, 2007. We will proceed with the project at that time. _Please make your check payable to Ray Qualmann Marine Construction, . Inc:'and give to John Yull as he is collecting all checks to make full payment to the contractor when project is completed. We will be working directly with Ray Qualmann Marine Construction, Inc. and therefore cancel any authority by Harbor Cay to act as agents for the community on this project. Sincerely, Lakeside Harbor Property Owners FRO"! : FAX!'-(). : 954943b4,jt:j . . ' ,. t::tJ. .It':; .,"""-' I ~'- ,'" """:"." . . ... .'1. .. WARNING TO OWNER: I ,. "YOUR FAILURE TO RECORD A NOTICE OF COM. CITY OF BOYNTON BeACH. MENCEMENT MAY RESULT IN YOUR PAVING TWICE BULDftG DIVISION "", -OR ~ROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAtN FiNANe. ~CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE AECORDtNG roun-N<mCE OF COMMENCEMENT: DIlle... 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