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Agenda 06-12-07 I ,. ("; 1(\ r~l ~<tY~T8~ C East Side-West S.,de-Seaside Rena.,ssance If any person decides to appeal any decision made by the Board with respect to any matter considered at this meeting, he or she will need a record of the proceedings, and that, for such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. CRA Board Meeting Tuesday, June 12, 2007 City Commission Chambers 6:30 P.M. I. Call to Order - Chair 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 - eRA Board Meeting - May 8, 2007 B. Approval of the Monthly Financial Report - May 31, 2007 C. Approval of Demolition Bid for CRA Owned Properties D. Heart of Boynton Work Program Update (info. only) E. Approval of Addendum to Professional Service Agreement with PBS&J VI. Public Comments: (Note: comments are limited to 3 minutes in duration.) VII. Public Hearing: Old Business: None New Business: A. Las Ventanas Abandonment 1. PROJECT: AGENT: OWNER: LOCATION: DESeRIPTION: B. Palm Cove Site Plan Time Extension 1. PROJECT: AGENT: OWNER: LOeATION: DESCRIPTION: Las Ventanas (ABAN 07-001) (aka Uptown Lofts @ Boynton Place) Epoch Properties, Inc. Epoch Properties, Inc. Extending 300 feet south ofSE 12th A venue Request for abandonment of a 50 feet wide by 300 feet long utility easement containing an area of 15,000 square feet or 0.34 acre. Palm Cove (SPTE 07-008) Bonnie Miskel, Siegel, Lipman, Duanay, Shepard, and Miskel, LLP Multiple owners Extending between Old Dixie Hwy and S. Federal Highway approximately one- quarter (1/4) mile north of Gulfstream Boulevard. Request for a one (1) year site plan time extension to the approval (NWSP 05- 031) granted on January 3,2006, from July 3,2007 to July 3,2008. C. Land Development Regulation Rewrite _ Group 2 Code Review 1. PROJECT: AGENT: DESCRIPTION: Land Development Regulations (LDR) Rewrite - Group 2 (CDRV 07-004) City-initiated Group 2 deliverable (in its entirety), pursuant to the LDR Rewrite Work Schedule, including: Article 1. Overview; Article 2. General Provisions; Article 3. Zoning Districts & Overlay Zones; and Article 4. Use Regulations. These proposed sections will ultimately replace and enhance portions of the current LDR Part III, Chapter 2 Zoning, Sections 1, 3 through 8.5, 11.2, and Chapter 2.5 Planned Unit Developments. VIII. Pulled Consent Agenda Items IX. Old Business: A. Approval of MSCW Professional Services Contract B. Approval of REG and Kimley-Hom Professional Services Contract C. Approval of General Contracting Contract D. Old High School Update E. Presentation ofTCRP Financial Feasibility Study of Sea crest Village X. New Business A. Consideration of Funding for the Health and Safety Fair/Talent Showcase B. Consideration of Purchasing Property Located at 402 NW 12th Ave C.Consideration of Purchasing Property Located at 201 NE 1st Ave (Downtown Parking Plan) D. Consideration of Funding Neville Marques $50,000 from the Homebuyers Assistance Program E. Consideration of Funding Faith Dickens $42,500 from the Homebuyers Assistance Program F. Consideration of Transferring CRA Owned Land - Vacant Lot on NW 12th Avenue in HOB G. Consideration of Funding Roldry Philias $47,000 from the Homebuyers Assistance Program H. Consideration of Funding Kimberlee Smith $39,100 from the Homebuyers Assistance Program I. Consideration of a Commercial Fayade Grant to Yachtsman Properties in the amount of $15,000 1. Consideration of Funding Sandra Dinnall $50,000 from the Homebuyers Assistance Program XI. Comments by Staff XII. Comments by Executive Director XIII. Comments by CRA Board Attorney XIV. Comments by CRA Board XV. Adjournment v. CONSENT AGENDA: A. Approval of the Minutes: CRA Board Meeting - May 8, 2007 MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY MEmNG HELD IN CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA ON TUESDAY, MAY 8,2007, AT 6:30 P.M. Present: Henderson Tillman, Chair Rev. lance Chaney Jeanne Heavilin Marie Horenburger Guam Sims Lisa Bright, Executive Director Ken Spillias, CRA Board Counsel Absent: Stormet Norem, Vice Chair Steve Myott 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 determined a quorum was present. IV. Agenda Approval A. Additions, Deletions, Corrections to the Agenda Ms. Bright removed Item IX. A, "Approval of City/CRA ILA for the Avenue of the Arts," as the City had agreed to pay for that. Ms. Heavilin pulled Consent Agenda Items C and F. Ms. Horenburger pulled Consent Agenda Item A. Rev. Chaney pulled Consent Agenda Item D. Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida May 8, 2007 B. Adoption of Agenda Motion A motion was made by Ms. Heavilin to approve the agenda with the changes. Ms. Horenburger seconded the motion that passed unanimously. V. Consent Agenda A. Approval of the Minutes-CRA Board Meeting-April 1, 2007 (pulled by Ms. Horenburger) B. Approval of the Monthly Financial Report and Budget Amendment C. Sea Mist Acquisition Status (info. only) (pulled by Ms. Heavilin) D. Review of Infill Site Plans & Home (pulled by Rev. Chaney) E. Marketing and Communications Update (info. only) F. Residential Improvement Grant Program (info. only) (pulled by Ms. Heavilin) VI. Public Comments Chair Tillman opened the floor for public comments. No one having come forward, Chair Tillman closed the floor to public comments. VII. Public Hearing Old Business: None New Business: Attorney Spillias announced Items VILA. and VII.B. were quasi-judicial proceedings. He provided an explanation of the quasi-judicial procedures and requested board members disclose whether they had any ex-parte communications. None were disclosed Attorney Spillias administered the oath to all persons who would testify. A. Harbor Cay Site Plan TIme Extension 2 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida May 8, 2007 Description: Harbor Cay (SPTE 07-006) Sid E. von Rospeunt, Managing Member for Harbor Cay, LLC Harbor Cay, LLC East side of Federal Highway; approximately 150 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. 1. Project: Agent: Owners: Location: Kathleen Zeitler, City Planner, set forth the request and advised the project was approved for 23 townhouse buildings ranging from 2,534 square feet to 2,599 square. The project was delayed due to required reconfiguration of underground utilities, civil and engineering plan revisions, platting delays and construction plan revisions necessary to address the conditions of approval. Their concurrency project buildout year is 2009. The site plan time extension was still subject to the original 85 conditions of approval. Staff recommended approval to extend to May 2, 2008, with the following conditions of approval: (1) the site plan time extension would be subject to all previous conditions of approval; and (2) the applicant would pay the Capacity Reservation Fee amount due to the City prior to final action by the City Commission on the site plan time extension request. Chair Tillman opened the floor for public hearing. Sid E. von Rospeunt, Representative of AmerCan Development Corp., Managing Partner for Harbor Cay, LLC, set forth the circumstances surrounding the requested extension. He advised they had worked with City staff on the water issue for the past eight months. A six-foot wide public easement was recently discovered on their property, and would be utilized to remedy the issue. Bonnie Jones, 628 Lakeside Harbor Drive, commented the homeowners had tried to work with Mr. von Rospeunt; however, he was not willing to work with them on several issues with respect to the entry gate, community dock and Lakeside Harbor Drive. The homeowners would like for the project to move forward and upon approval of the extension, would request construction of a privacy wall and for the gate to be moved back. Mark Maher, owner of the property at 618 Lakeside Harbor Drive adjoining the developer's property on the southeast side, remarked the extension should have been applied for in advance of the expiration of the site plan time extension, and he did not believe the developer had any intention of building. He believed the project would be beneficial and would agree with the extension if the developer installed a stucco masonry wall on the site separating the single-family properties from the project; relocated the residential community gate to the east side of his property, ensuring it was in proper working order; and completed all work within the next four months. Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida May 8, 2007 Mr. von Rospeunt responded as follows: (1) they had no objection to the gate being removed; however, if it was removed, application would have to be made for a building permit and it would be necessary to have a turnaround lane installed in front of the gate and past their property; (2) the road currently at the site is approximately five to six feet less in width than the new road they were are putting in; (3) when the developer purchased the property, the gate was inoperable as it was damaged by the hurricane; (4) they improved the site by ridding the property of rats and undesirable apartment dwellings; and (5) the site plan provided for a masonry wall to separate the residences from the project. Mr. Sims requested clarification as to the issue of the wall and inquired as to when the wall would be constructed. Mr. von Rospeunt advised they could not build a wall unless they had the approval of their utilities and a development order. No one would issue any permits to them for a perimeter wall in order to protect the residents at Harbor Cay, as well as to the south, north and east of the community . No one else having come forward, Chair Tillman closed the floor for publiC hearings. Chair Tillman commented he had listened to several extension requests and project proposals and on several occasions, homeowners professed their opposition to the project. However, there appeared to be no overall resistance to this project, with the exception of some minor issues which should be worked out. Secondly, with regard to the issue previously addressed by Ms. Horenburger wherein the City Commission would explore an 18-month extension in lieu of the 12-month extension, Chair Tillman inquired of staff whether this had been explored and the status with respect thereto. Kathleen Zeitler advised the Code had been revised to allow for 18 months instead of 12 months for the initial site plan approval. Ms. Heavilin expressed confusion as to several of the comments made. The applicant did not respond to the issue of the dock damage and she requested he do so. Mr. von Rospeunt maintained they had addressed the dock issue with the homeowners on several occasions. They pulled permits for the dock and filed the extension for the dock permit; however, they would want to perform the dock work when the entire area was redone in order to avoid construction of a substandard dock. The developers had suggested they would remove the dirt and put in gravel and brick pavers, similar in fashion as shown in the site plan for the pool area and plaza. Rev. Chaney requested that Mr. von Rospeunt clarify the commitments made by the developer. Mr. von Rospeunt commented they committed to build a new dock to enrich the community, and it was their intention to do so. However, if they bore the expense, they would build the dock to their specifications in order that it would be constructed properly. 4 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida May 8, 2007 Rev. Chaney inquired of staff whether any Tax Increment Funding (llF) or other incentive funding was involved in this extension. Mr. Zeitler replied there were none. Ms. Horenburger remarked that it appeared the developer was unable to move forward with the project for the reasons outlined in the backup material. However, after considering all of the comments made, she concluded there was also a problem with cooperation on both sides. She inquired as to why the developer was unable to meet the City's requirement to pay the Capacity Reservation Fee within seven days of the original site plan approval and whether this was an undue requirement which the developer could not meet while others could. Mr. yon Rospeunt commented they considered the requirement to be unreasonable as they did not know how many water meters were needed at the time. Ms. Horenburger inquired of staff as to how common it was for people to not pay their Capacity Reservation Fee in a timely matter. Ed Breese, principal Planner, indicated the fee was generally paid within seven days. Motion Ms. Horenburger moved to grant the request for a six-month time extension, subject to payment of the Capacity Reservation Fee and compliance with all of the other conditions of approval. Mr. Sims seconded the motion for discussion purposes. Chair Tillman advised he believed granting a six-month extension could set a negative precedent, as it had been the City's policy to grant twelve-month extensions. Further, the developer requested the twelve-month extension in order to deal with hardships and Chair Tillman would want the developer and homeowners in the adjacent communities to have as much time as needed in order to resolve the issues. Mr. Sims contended he would be concerned about setting a precedent and would not be comfortable with granting a six-month extension at this time, although it could be something for the board to explore. He added he hoped the developer and homeowners would work through the issues within the year, as he would be hard pressed to vote in the developer's favor again. Ms. Heavilin advised that she would support the 12-month extension and urged the developer and residents to be open minded and work things out. Rev. Chaney commented he would support the 12-month extension as well and emphasized cautioning developers coming into the City to do due diligence in working with neighbors, as it was the board's responsibility to ensure the needs of the entire community would be served. 5 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida May 8, 2007 Ms. Horenburger inquired of Attorney Spillias whether the board would be setting a precedent if the Capacity Reservation Fee was not paid as required by the City's Code. Attorney Spillias advised the standard for making a decision was based upon competent substantial evidence to support the decision. In terms of precedent, the board members would have to consider whether they treated people who were similarly situated in a similar fashion. These were basically the standards to be applied by the board in making a determination. If the board believed there was substantial evidence that established the individual was not similarly situated, that would be the basis for a decision to grant something other than a year's extension. If the board did not believe the differences in this instance were significant enough to determine Mr. von Rospeunt was not similarly situated, then there would be no evidence. Staff had recommended a year's extension after their review, which would be part of the record as well. Chair Tillman called the question on the motion to grant a six-month extension. Vote The motion failed 1-4, Rev. Chaney, Ms. Heavilin, Mr. Sims, and Chair Tillman dissenting. Motion Mr. Sims moved to approve the one (1) year site plan time extension including all conditions recommended by staff. Ms. Heavilin seconded the motion which passed 4-1, Ms. Horenburger dissenting. B. Boynton Beach Lofts Site Plan time Extension Location: Description: Harbor 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. 1. Project: Agent: Gabriel Wuebben, Planner, provided an overview of the project. The Planning & Zoning Division received the extension request on April 4, 2007, approximately ten days prior to the expiration of the previous site plan time extension. According to the applicant, since the project's last site plan time extension, the developer had completed working drawings, had worked toward the marketing and sales of future units, completed a website, cared for onsite landscaping and secured County Civil permits. To date, the developer had spent nearly $730,000 toward the project. However, as a result of current market conditions, the developer was not able to pull a permit and was currently working with the CRA to modify the plans to make the project more 6 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida May 8, 2007 economically feasible. In terms of traffic concurrency, it appeared the applicant had adequate time. Records indicated the Utility Reservation Fee had been paid. The original project would still be subject to the original conditions of site plan and height exception approvals. Therefore, staff recommended approval of this request for a one (1) year time extension for the site plan and height exception. All conditions from the original approvals must still be satisfactorily addressed during the building permit process. Bradley Miller, Miller Land Planning Consultants, advised he was present to represent the applicant. He reiterated the request for the extension, and as staff cover~ the majority of the points, he advised he would be pleased to address any specific issues brought forth. Chair Tillman opened the floor for public hearings. No one else having come forward, Chair Tillman closed the floor for public hearings. Rev. Chaney inquired as to the type of modifications sought, whether they pertained to workforce housing incentives or other modifications. Lisa Bright, CRA Executive Director, advised modifications were sought as described by Rev. Chaney and based on discussion with Mr. Seifert. A site plan was already in motion. In at least seven meetings, staff attempted to save this project in terms of the real estate market decline. ~otion Ms. Horenburger moved to approve the site plan extension as recommended by staff. Mr. Sims seconded the motion. Ms. Heavilin inquired whether the motion included the height extension. Ms. Horenburger advised it included all conditions recommended by staff. Chair 11l1man called the question on the motion. ~ The motion passed unanimously. C. Land Development Regulations Rewrite Code Review Agent: Land Development Regulations (LDR) Rewrite (CDRY 07-004) Use Matrix and Notes City-initiated 1. Project: 7 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida May 8, 2007 Description: 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. Mike Rumpf, Planning & Zoning Director, presented the second work product of the Rewrite Project, which is a subset of the next deliverable entitled "Zoning Use Matrix, Notes & Restrictions." In addition to researching different topics and issues which needed to be incorporated into the code, staff was engaged in a reorganization of the regulations. Basic components of modern code rewriting were being used, which would be a Use Matrix. He reviewed the Project Objectives, which include preserving initial work efforts; maximizing user- friendliness; continuing public involvement; using a flexible approach and maintaining priority functions of the Planning & Zoning Division. As to the Code, staff is within the proposed rewrite to be represented by a new Chapter 3, Zoning, and specifically, Use Regulations, in Article IV. A PowerPoint presentation was provided, a copy of which is available in the City Clerk's Office. Mr. Rumpf reviewed the first draft product, the Use Matrix, and the Attributes, which included "All uses explained in one table," "Like uses merged for simplicity/consistency," Terminology from North American Industrial Classification System (NAICS) implemented," "New (or improved) use titles and descriptions," and "continued implementation of M-l study" and set forth an explanation of each category shown on the slides. He then reviewed the second draft work product including "Attributes," which were comprised of "Consolidation of regulations," "Clear and concise wording," and "Addition of needed restrictions." Mr. Rumpf provided an explanation for each category. Staff recommended approval of the draft work products to the City Commission. Ms. Horenburger commented under Live-Work Units, "consultant" was not listed in home-based businesses. She advised she was a consultant and had occupational licenses with the City and County. Under Adult Entertainment, "Separation," she inquired whether this pertained to Separation only and whether the 1,000-foot requirement was mandated. Mr. Rumpf advised he did not believe there was a standard mandate for separation; however, the separation requirements vary from jurisdiction to jurisdiction. Ms. Horenburger commented, with regard to churches, residential zoning districts, public usage districts, recreation district or schools, she would like to see separation distances greater than 1,000 feet. She inquired whether this issue was studied. Mr. Rumpf advised it was studied thoroughly. There were residential zoning districts scattered throughout the City of Boynton Beach, including the Planned Industrial Development District. Ms. Horenburger inquired as to how many zoning districts were permitted. 8 Meeting Minutes Community Redevelopment AgenCl Boynton Beach, Florida May 8, 2007 Eric Johnson, Planner, Planning & Zoning, advised that currently, one zoning district had been identified in which Adult Entertainment would be allowed. Previously, if a use was not indicated anywhere in the Code, it was allowed in M-l. This was eliminated. Ms. Horenburger, questioned the language relating to, Sightseeing and Scenic Tours, pertaining to "Vehicles in support of the operation that are a size in excess of a standard parking shall be stored in a zoning district where outdoor storage of vehicles is allowed." She inqUired whether the City's trolley would be included under this section, and whether the reference to storage pertained to overnight storage. Mr. Rumpf replied in the affirmative, adding this was a principle use. Ms. Heavilin inquired whether a use not currently provided for would come under M-1. Mr. Rumpf replied in the affirmative. Ms. Heavilin remarked she read through the Rewrite and figured it out very quickly. She commended staff for doing a great job in facilitating the public's understanding of the intricacies of zoning districts. Chair Tillman opened the floor for public hearings. No one having come forward, Chair Tillman closed the floor for public hearings. Motion Ms. Heavilin moved to receive and file. Mr. Sims seconded the motion which passed unanimously. VIII. Pulled Consent Agenda Items Item A- Approval of the Minutes - eRA Board Meeting -April 10, 2007 Ms. Horenburger referred to a discussion in the minutes regarding a motion she made allowing for a Treasure Coast Study. The minutes also noted she elaborated the study might indicate more analysis was needed. During the discussion, a June 12, 2007 deadline was requested with respect thereto. She recalled making a statement at that time to the effect that the board could always reconsider and vote to move the deadline. That language did not appear in the minutes. Ms. Horenburger therefore requested that the minutes be corrected to include the omitted language. Motion Ms. Horenburger moved approval of the minutes as corrected. Ms. Heavilin seconded the motion that passed unanimously. 9 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida May 8, 2007 Item C - Sea Mist Acquisition Statue (info. only) Ms. Heavilin indicated she wanted to hear more about the kind of improvements to be made and whether certain improvements could be required as the City was not going forward with the purchase. Ms. Bright advised Mike Simon was working with Code Enforcement relating to the dumpster in the trolley stop as well as other improvements. Staff had have been working with Nancy Byrne and the Development Department, and some of the items were not coded. As the Sea Mist has been at its location for some time, many things had been overlooked even prior to the redevelopment of the Marina Village area. Two staff members serve on the board for the Marina Village. Therefore, both sides were being heard in terms of where the Sea Mist area is. Ms. Horenburger inquired whether, with regard to the PBC Development Regions Grant, the County grant guaranteed perpetual public access or would the City move closer to its original intent regarding the purchase. Ms. Bright advised the City went ahead and purchased the public parking spaces in order for the Sea Mist to remain a viable business. Now that they do not wish to move forward in that direction with the City, staff is hoping to work with the PBC Development Regions Grant next year. Ms. Horenburger inquired whether it was known if the Regions Grant would help keep that area more public once funding was received, as she believed it should be. Ms. Bright advised there would be no reasons that caveat could not be added by the City. Motion Ms. Horenburger moved for approval to cancel negotiations with the Sea Mist. Rev. Chaney seconded the motion that passed unanimously. Item D - Review of Intill Site Plans & Home Designs (Parker Site & Habitat Site) Rev. Chaney requested this item be pulled as he wished to reiterate that when the CRA provided the land for Habitat for Humanity, it was with the understanding that they would upgrade the design of the home. Vivian Brooks, Planning Director, advised that Habitat was to install a metal roof, which they never did, and enlarge two of the bedrooms. This would be one of the nicer homes, with more architectural detail added. Ms. Brooks suggested Habitat look at homes on Old Boynton, just south of Boynton Beach Boulevard, where the homes were smaller, affordable, and well- designed, and would be a good example for this community, based upon the Heart of Boynton (HOB) Plan. 10 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida May 8, 2007 Chair Tillman inquired whether the CRA could institute specific standards for the land governed by the CRA. Ms. Brooks advised that the development agreement with Habitat already prOVided for the number of bedrooms, minimum size, and roof type required to meet the design criteria of the HOB Plan. Rev. Chaney inquired whether the Community Development Corporation (CDC) was being held to the same standards for the land provided to them by the CRA. Ms. Brooks replied in the affinnative, adding that the CDC's development agreement was exactly the same. The CDC installed the metal roof and enlarged two bedrooms. Rev. Chaney articulated the designs indicated a driveway coming in and out of Seacrest while one unit had them in the back, which he believed would be better. Ms. Brooks advised that the property in back of the other two lots belonged to someone else. The City did not permit shared driveways, and the lots were too narrow on the other corner. Ms. Heavilin inquired whether it would be possible to have a circular driveway similar to what was done on Gateway Boulevard with the road widening. Ms. Brooks advised that it might be possible as the lots were 60 feet wide. She would have to determine whether there was enough arc landscaping in order to avoid a sea of concrete. Ms. Brooks advised upon direction of the board to move forward, the plans would then be submitted to the City. Motion Rev. Chaney so moved. Ms. Heavilin seconded the motion that passed unanimously. Item F - Residential Improvement Grant Program (info. only) Mr. Heavilin expressed concerns regarding the need for the improvements, especially roofing, and how to ensure that the roofs are maintained; whether that meant changing the process or changing the person accepting applications, and whether greater marketing efforts were required. Ms. Brooks advised that staff met with the CDC and direct marketing efforts would be made. The CDC would leave door hangers for people not at home whose roofs required attention. Financial assistance would be available for those with limited incomes. Continuing contracts would be executed next month with the general contractors, who indicated the roofs would be attended to during hurricane season. 11 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida May 8, 2007 Ms. Heavilin suggested that perhaps counseling could be provided to some of the families requiring assistance. Mr. Sims inquired as to some of the CDC's marketing strategies. Ms. Brooks advised that they did not have to do much marketing as the Heart of Boynton newsletter generated a lot of interest. However, most of the people required more than $20,000 and that meant partnering with the City and utilizing the City's funds. Mr. Sims inquired whether there was any dialogue with the City with regard to residents requiring assistance. Octavia Sherrod, Community Redevelopment Manager, contended that a good deal of counseling and convincing was required. There were fewer barriers over the last couple of years as people had been forced to participate because of the hurricanes. People must be convinced that it is all right to be in need. She added that once a neighbor or relative participated in the program, this could provide an incentive for more residents to participate. She advised that she had a list of people waiting to participate. Mr. Sims inquired whether the ten-year lien rule was imposed by the City and if the rule itself presented barriers. He wondered whether consideration should be given to amending the rule. Ms. Sherrod inquired whether Mr. Sims was suggesting that the lien be eliminated or lowered. Mr. Sims contended it could be either; however, he suggested it be amended in order to alleviate the situation. Ms. Sherrod replied that the process was working for her and she had no problem utilizing the funds. The process was amended initially when the program began, and the is-year encumbrance was amended to 10 years. The policy was consistent with policies of other municipalities as a one-time gesture of good will. It was not intended to maintain the same homes time after time. Ms. Heavilin wondered whether a lien would be placed, if a resident applied solely for CRA money. Ms. Brooks advised that the CRA would not place a lien against the property. Ms. Heavilin inquired whether the CRA would pick up some of the City's backlog. Ms. Sherrod advised that she did refer people located in the CRA district to the CRA for assistance. Rev. Chaney inquired whether the City had any applicants that could partner with the CRA. 12 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida May 8, 2007 Ms. Sherrod replied they made referrals to the CRA. They would also advise the CDC of the referrals and applications sent to those people. Rev. Chaney commented that the CRA should use due diligence in following up on families that qualify for assistance. He expressed concern that the CRA was limiting the scope of the program to roofs only. The Residential Improvement Grant also pertained to interior improvements and if the cost for the improvements was under $20,000, it would seem that a plethora of repairs would be needed. Ms. Brooks noted that roofs were very visible and if people proceeded with their roof repairs with the assistance of the CRA, this might bring about trust in the program, and would improve the appearance of the neighborhood. Rev. Chaney contended that he could understand placing emphasis on roofs, but suggested the program remain open to all aspects. Ms. Bright commented that she believed this was a special part of the program to be addressed during the hurricane season and that the original programs were still available. However, as the funds were not being drawn down fast enough from a bond point of view, staff decided to become aggressive as to the issue of roofs. Thereafter, once trust had been established, inside repairs could be suggested. Ms. Sherrod noted that after the hurricanes, an executive order was issued permitting staff to make repairs and amend the State Housing Initiatives Partnership Program (SHIP) strategy to pay insurance deductibles for those who could not afford to pay. It was difficult for staff to give the money away. When Ms. Brooks approached staff, it was agreed that it would be beneficial to leverage the CRA and City monies as on many occasions, funds were exhausted before the rehabilitation efforts could be made. Ms. Heavilin inquired whether it would make sense to have a workshop in the community to let people know what is available to them, especially with hurricane season coming up. Chair Tillman advised that any time a person is deprived of an opportunity, whether it was from a banking or cultural standpoint, the growth of the community would be negated. Sometimes rules hamper development. He suggested that the board take a good look at the manner in which issues are addressed. When cases are pending, action must be taken and cultural issues set aside. There are times when rules must be dispensed with and every effort should be made to resolve the problems. Chair Tillman concurred with Ms. Heavilin that a workshop might be in order for the benefit of the board as well as for the community. Ms. Heavilin inquired whether the original Improvement Grant Program was to be part of the Heart of Boynton Work Program and whether the re-roofing process was limited to the Heart of Boynton. 13 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida May 8, 2007 Ms. Brooks replied in the affirmative, adding that staff wanted the board to be aware of some of the difficulties encountered and how staff would ameliorate those difficulties and try to get the residents to understand that this was free money, without any encumbrances. Ms. Heavilin urged that the board provide this program throughout the CRA. There were areas outside the Heart of Boynton where roofs and other repairs were needed, and she did not believe the program should be confined to the Heart of Boynton. Ms. Brooks advised that the prior Residential Improvement Program did not allow for roof repair or replacement. She commented that staff would market the program and attempt to bring about community trust. Ms. Heavilin requested a consensus of the board as to expanding the program beyond the Heart of Boynton. Chair Tillman pointed out that the Residential Improvement Grant Program was in place currently and suggested that any discussion pertaining to an expansion be addressed at another time. He requested that staff place this item on a future agenda. Rev. Chaney commented St. John Missionary Baptist Church in the Heart of Boynton had several thousand members and would be a wonderful place to hold a workshop in order to disseminate information. Ms. Brooks advised that no action was need for this item. IX. Old Business: A. Approval of City/CRA ILA for the Avenue of the Arts (Removed by Ms. Bright) B. Approval of EDAW Contract Ms. Brooks advised this item pertained to a contract between EDAW Inc., the firm that was selected to work with the CRA on the Downtown Master Plan. The contract was prepared by the CRA Attorney and approved by EDAW Inc. in form. The fiscal impact would be $180,000 plus related expenses. Staff recommended approving the contract between the CRA and EDAW Inc. for the development of the Downtown Master Plan. Motion Ms. Horenburger advised she would make a motion to approve; however, as previously pointed out, she would like for all agreements to be signed off by the eRA Attorney as to legal sufficiency before the agreements are presented to the board. This would prevent the board from being left open to the possibility of problems relating to the agreements. Ms. Heavilin seconded the motion for discussion purposes. 14 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida May 8, 2007 Chair Tillman inquired as to the additional expenses related to the $180,000. Ms. Bright advised that the additional costs included travel, copying, and Federal Express, which would be paid by the CRA, and were estimated to be approximately $20,000. This would increase the fiscal impact to $200,000. Rev. Chaney commented he made the assumption that once the CRA Attorney signed the contract, he had already read the contract and was in agreement with the recommendations. Ms. Horenburger opined that in the event a director signed off on the contract and it was amended, this could present a problem for the board. She contended that it was common practice to have the CRA Attorney sign off on contracts. Ms. Heavilin asserted that was all the more reason the CRA Attorney should not sign off on the contract. CRA Attorney Spillias commented he believed what Ms. Horenburger was saying, was when the contract was in final form, the CRA Attorney would sign off on it and the board would be assured that the contract presented was indeed what the CRA Attorney reviewed. Chair Tillman requested that CRA Attorney Spillias bring something back to the board for consideration. Chair Tillman called the question on the motion. ~ There was a vote on the motion that passed unanimously. C. Approval of Recommended Professional Services Providers per RFQ Ms. Brooks advised that the board approved the issuance of Requests for Qualifications for Professional Services (RFQ) for architectural engineering and marine engineering. Staff received 14 responses from qualified firms, and the selection committee narrowed it down to three recommendations. The firms were ranked on a scoring system similar to the scoring system utilized for the firms that responded to the RFQ for general contractors. Staff recommended Kimley-Horne and Associates, Inc., MSCW, Inc. and REG, and requested authorization to enter into continuing contracts with the aforesaid firms for the provision of ongoing services for the various CRA projects including the rehabilitation and expansion of the 211 East Ocean Boulevard Building and Streetscape Design for Seacrest Boulevard. These three firms would be rotated as projects arose. Motion 15 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida May 8, 2007 Ms. Horenburger moved for approval of staff's recommendation. Ms. Heavilin seconded the motion that passed unanimously. D. Approval of PBC Development Regions Grant Agreement for Village Homemade Ice Cream Ms. Brooks advised the board had previously approved a match to the Palm Beach County Regions Grant Program for this business, which was in the Village Marina. The County required municipalities and/or CRAs to enter into this agreement in order for the County to provide their share of the money, which is $50,000. The agreement would require the CRA to create jobs; however, the CRA would then subrogate its liability to create those jobs to the business pursuant to an agreement with the business. The business would have a mortgage or lien placed against its property until it met the requirements of the agreement. Ms. Horenburger inquired whether the business owned the property. Ms. Brooks replied in the affirmative. Motion Ms. Horenburger moved for approval. Rev. Chaney seconded the motion that passed unanimously. E. Presentation of Treasure Coast Regional Planning Council Market Update Ms. Bright explained the board directed staff to contract Treasure Coast Regional Planning Council to do a market analysis update and subsequent financial feasibility for the CRA district and specifically the MLK corridor. She announced that Tom LaVash from ERA and Kim Delaney from Treasure Coast would present the market findings tonight and next month the financial feasibility would be addressed. Ms. Delaney provided a brief overview of in-depth work Treasure Coast had undertaken with ERA over the past six weeks. The preliminary findings of the market study would be the first of a multi-step process. With the findings of the market study, Mr. LaVash's firm would produce the financial feasibility study which would determine the supportable development program for the Heart of Boynton, Seacrest Village area of Martin Luther King Jr. (MLK) Boulevard. This would be blended with a planning analysis that would take place in June 2007. At that time, the board would be presented with a view of what would be financially feasible for that property on MLK Boulevard, and a view as to how it could physically fit in a way that would make sense in the neighborhood. Mr. LaVash, principal and partner with ERA (Economics Research Associates), Washington, D.C. office, covered what ERA was charged with on behalf of the Treasure Coast Regional Planning Council. In terms of the scope of work, they would determine what was driving the economy of the City of Boynton Beach and Palm Beach County such as population, household and employment growth. In conjunction with that, they would explore market conditions. The 16 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida May 8, 2007 challenge would be to identify when the down cycle was over and to determine when the next "hot" opportunity would be. All of the market data would be utilized to outline a set of programs and various scenarios. The next step would be to test the financial feasibility. Market demand would be part of the equation. Financial feasibility would be critical to the role the City and CRA would play in helping to push this project along. Mr. laVash provided a PowerPoint presentation, beginning with the demographics for Palm Beach County and the City of Boynton Beach. In 2007, there were 1.2 million residents with 515,000 households, and by 2012, forecasts indicate an increase to 101,000 new residents in 36,000 new households. The average household incomes were expected to increase from $87,000 the to $108,000 over the next five years, with an increasingly diverse population. Boynton Beach held its pace with the County in terms of its proportion at 6.5%. It was anticipated that there would be 8,000 new residents in 3,000 households over the next seven years. The pace of growth was expected to increase by 2021 to 6,300 new residents in 2,400 households. By 2020, the population would continue to grow with 17,300 new residents in 6,600 households. The average household incomes of $64,000 were expected to rise to $76,000 over the next five years. The strongest growth is expected among peak earners such as empty nesters. Employment statistics in the County indicate 53,200 new jobs over the next seven years and by 2020, forecasts indicate there would be approximately 114,000 new jobs, with the strongest sectors being in services and finance, insurance and real estate (FIRE). Boynton Beach provided 33,000 jobs with the majority in the retail sector. The City's share is expected to increase by 2020 to 10,200 new jobs. Housing statistics in Boynton Beach revealed the City issued 675 permits each year, with a 50% split between mUlti-family and single-family dwellings. The County issued 11,600 permits, 67% of which were for single-family dwellings. Market dynamics for the City indicated a loss of rental units to conversions, declining vacancies and price escalations. The median price of single-family dwellings was $350,000 Citywide and $222,500 In the CRA district. Rents increased by 58% since 2000. New residential development was either underway or proposed along AlA in Boynton Beach and Delray Beach. The market had slowed substantially, producing excess inventory, conversions to rental and project cancellations. Delayed market recovery could further increase inventory. Approximately 20 residential projects on Federal Highway were profiled, nine or ten of which were believed to be most comparable or competitive. The Seacrest Village site did not have as many of those marketable premiums as other projects. Pricing was generally $290,000-$500,000 per unit for condominiums and $220,000-330,000 per unit for the townhouse project along Federal Highway. Slowdowns were reflected in the absorption on the order of two to seven units per month, which suggested it became increasingly difficult to finance a project. This index would be considered in their financial model. Renaissance Commons was selling approximately two units per month. There were approximately 74 square feet of retail per person in Boynton Beach, while the national average was 26 square feet. This would reflect the City's role as a dominant retail destination in the region. West Boynton Beach 17 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida May 8, 2007 was leasing about 790 square feet of retail space a year. Of all retail inventory in Boynton Beach, the average rent was about $17.00 per square foot. New retail development, such as Starbucks at Boynton Beach Boulevard and Congress Avenue, was renting for approximately $31.00 per square foot, which met threshold feasibility. Retail opportunities at the Seacrest Village site would determine how much a developer could expect for retail space. Within a mile of the Sea crest Village site there was untapped retail demand. There was approximately $5M spent by those households that is leaking out elsewhere, suggesting an opportunity to capture some of that retail leakage for development. With regard to the office market, in Boynton Beach, the lowest vacancy rates were in the worst office buildings. Nationally, the opposite was indicated. Class "A" properties were most favored and most expensive. The lowest vacancies were in the Class "c" stock. The Oty was absorbing approximately 6,000 square feet per year, leasing on average of one or two office buildings a year, oriented to professional services. The 10,000 new jobs forecasted for the City would bode well for office demand. Three scenarios across a range of housing types, including condominiums, rental apartments, townhouses and 30% workforce housing, were illustrated. The variables between the scenarios were significant in terms of the ability to penetrate the market, marketability factors, and the issue of the market bounding back with the variables. The other issue was the number of workforce housing units, the demand for which was significant. The scenarios would be tested in their next task. Market potential was reviewed for retail development for the year 2012. In primary markets, each resident supported three to seven square feet of space while each employee supported two to five square feet. Growth in office and residential space generated new retail demands. Partial-year residency affected resident-based demand. Significant constraints for the Heart of Boynton limited market potentials. The market analysis suggested there was an opportunity for a second-tier grocery store which would be critical in supporting neighborhood retail programs. Limited supporting convenience/service tenants would follow. The majority of new office development in Boynton Beach was expected in superior locations, such as downtown and West Boynton. The Heart of Boynton is a tertiary office location. There was a limited market for "rooftop-serving" professional office tenants. The public sector could induce the market. The next steps would be the financial feasibility study in May and June 2007. The planning evaluation/testing would integrate a market and financial feasibility study, and would evaluate the physical development program on site. The work-in-progress presentation is slated for June 12, 2007. The final report would be available sometime in July 2007. ChairTillman called for board comments. Ms. Horenburger commented that she received an issue of Multi-Family Trends/Urban Land Institute which included an article entitled "Revitalizing the Heart of Boynton." The article asserted that Intown Development Group, a development firm based in Delray Beach, was 18 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida May 8, 2007 selected by Boynton Beach in a Request for Proposals (RFQ) process as the Master Developer for the $580M project. The article was contributed by Samantha Simons and Barbara Rudd, as principals of Sea crest Village Master Plan. As they were not the City's Master Developers at this time, she believed it was wrong to disseminate this information. She requested that the board concur to have staff assist with the Chair to develop a response and send it to Urban land Institute under the Chair's signature as this was not a timely article. A copy should be sent to the local Urban land Institute to the attention of Carla Coleman, Director. Chair Tillman concurred that was totally inappropriate and, further, it went forward without any contact with the CRA whatsoever. He agreed that the board should respond in an appropriate fashion. Rev. Chaney inquired of the presenters as to feasibility of single-family dwellings in the Heart of Boynton project and/or Martin Luther King corridor of Seacrest, as it appeared from their study there were very few single-family dwellings produced within the City. Mr. laVash replied it would suggest that a low-density project such as a single-family detached housing development would not be feasible. Rev. Chaney inquired whether there was a trend in the County to move away from single-family dwellings. Mr. LaVash responded that it would depend on the price of land and location. As approximately 67% of the permits were issued by the County for single-family detached dwellings, there was still significant low-denSity residential development in outlying parts of the County . Chair Tillman thanked Ms. Delaney and Mr. LaVash for their presentation. x. New Business A. Consideration to Purchase 127 NE 4th Avenue (Bailey) for Townhouse Project Mike Simon, CRA Development Manager, provided background on the project. The board approved the purchase of the Robinson and Russo properties located on NE 5th Avenue In January and March 2007. These properties combined would provide the CRA with a large area for future workforce housing development in partnership with the Boynton Beach Faith-Based Community Development Corporation (FBCDC), which at this time was under contract to purchase adjacent land to the already-existing CRA-owned properties. The addition of the Bailey acquisition would provide five more units to the overall project. The CRA owned the parcel on 5th Avenue and the Robinson property. Mr. Simon provided an explanation as to the properties set forth on the drawings and proposed site plans. He advised that the Bailey property would be a good acquisition along with the adjacent properties and staff was optimistic that an agreement could be reached with the other parties in the near future. Staff recommended approval of the purchase agreement between the CRA and Sandra Bailey for $200,000 for the purchase of 127 NE 4th Avenue. 19 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida May 8, 2007 Motion Ms. Horenburger moved for approval. Ms. Heavilin seconded the motion that passed unanimously. CRA Attorney Spillias noted the last page of the contract, the signature page, contained the legal sufficiency certification requested by Ms. Horenburger. XI. Comments by Staff Susan Harris, Finance Assistant, Human Resources Administrator, advised of recent discussions at the board level regarding the recruitment process in order to ensure the largest applicant pool possible for any pOSition within the CRA. Subsequently, Ms. Harris and City staff implemented the City's own recruitment processes at the CRA. More than 150 resumes and applications were received for the Administrative Services Manager position. Of those 150, seven candidates were interviewed, and on the basis of those interviews, Ashley Buckley was hired as the new Administrative Services Manager. Ms. Buckley previously worked with a 21- member board with the Heritage Conservancy in Pennsylvania. XII. Comments by Executive Director Ms. Bright commented she received a telephone call from Stormet Norem apologizing for not being able to attend the meeting. His wife unexpectedly lost her 42-year old brother as a result of a heart attack, and his wife's mother was having emergency surgery tonight on her appendix. Staff recently had discussions to go forward with the purchase agreement with the Women's Club. Discussions were had at the City Commission level to ensure staff was reviewing the operations and maintenance of the Club. Staff also met with the Club's attorney. The Women's Club approached staff, and staff agreed to the general terms of $1.6M for a purchase price of a property valued at $2.4M. In exchange, they would like to use the facilities which could be incorporated into a purchase agreement.. Staff also evaluated the Club's past three years of operating expenses, which average about $65,000. Last year they were $7,000 in the red. One of the reasons Ms. Bright made these remarks under "Executive Director Comments" was the Club's board did not approve of the agreement. Therefore, at this time, staff wished to entertain a Letter of Intent to their board. If their board approved it on Thursday prior to summer recess, staff could negotiate a purchase agreement through CRA counsel. Ms. Bright advised that staff brought this issue forward for discussion when they were retracting from monies from the direct incentive funding agreement, and the opportunity arose. She inquired whether the board had any interest in pursuing this issue. The $1.6M purchase price would go to the Women's Club for their fund raising efforts in the community. Ms. Horenburger believed rather than the board spending more than $1.5M, consideration might be given to a purchase option contract with a right of first refusal in exchange for paying 20 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida May 8, 2007 the Club's operating expenses each year. She would like for the board to explore that option as well as an actual purchase. Rev. Chaney inquired as to what the board would do with the building. He opined that what the Women's Club did with their funding was their business. He was more concerned with staying out of the red and the board's plans with respect thereto. Ms. Bright advised that the building was an Addison Mizner structure which had already received historic designation. Boynton Beach did not have many historic buildings and the purchase would be something CRAs typically did. In terms of general discussions, staff considered creating a 501C3 for cultural programming. Staff did not have a funding source and was therefore seeking board direction. Chair Tillman suggested that the board explore the option of a lease buy-out and, over the long term, satisfy the actual value while providing cultural programs to demonstrate usability of the building. The lease buy-out would provide an opportunity for the board to take over the operation and institute programs and activities that would benefit the community. Ms. Horenburger believed it would be a mistake to purchase the building outright with the unresolved tax situation. Rev. Chaney indicated he had no objection to purchasing the building; however he would like other options explored. Ms. Heavilin concurred that she would have no objection to purchasing the building; however, she questioned the Club's ability to fund operational costs and remodeling and preservation issues. The board agreed this issue could be further addressed after the summer in order to explore other options. Chair Tillman concluded it must be determined whether the building was sound in terms of its structural integrity, whether anything was owed on it, whether it was deliverable in its present condition and whether there would be any financial impact to the board in terms of a lease buyout. Ms. Bright apologized for bringing the following item at the last minute. She indicated an International Youth Summit sponsored by the Guiding Light Church and supported by a group of bishops and ministers across America would be held in Birmingham, Alabama this summer. The purpose of the summit was for local youth to revisit the Martin Luther King dream. Youths from Delray Beach, Boynton Beach, West Palm Beach, Vero Beach and Belle Glade would be participating. She inquired whether it was the will of the board to make a donation. Mr. Bright advised the overcall costs for the summit was $15,000 Chair Tillman suggested the sum of $3,000 be donated. 21 Meeting Minutes Community Redevelopment Agency Boynton Beach, Aorida May 8, 2007 Motion Ms. Horenburger moved for approval of a $3,000 donation for the International Youth Summit. Mr. Sims seconded the motion and inquired whether $3,000 would be above and beyond what had already been donated for this trip. Ms. Heavilin inquired as to how many of the youths would be participating from Boynton Beach. CRA Attorney Spillias pointed out for the record, as any expenditure of CRA funds would have to be for a public purpose that involved people or things within the boundaries of the CRA, clarification was required to determine that some of the youth benefiting from this event were from within the CRA boundaries. Pursuant to the request of Chair Tilllman, Ms. Horenburger added the aforesaid caveat to her motion. Ms. Bright advised that she would obtain clarification that the youth participating were from within eRA boundaries and report back to the board. ~ There was a vote on the motion that passed unanimously. Lastly, Ms. Bright advised she would like to begin planning a public meeting for the residents of the MLK corridor in order to disseminate as much information as poSSible with regard to the land purchase. She would like to schedule the meeting in the third or fourth week of July if acceptable to the board. The board was agreeable to Ms. Bright's suggestion. XIII. Comments by eRA Board Attorney CRA Attorney Spillias provided an update on the Ocean Breeze purchase closing. As he reported to the board last month, there was a marketability issue under the contract having to do with Boynton Associates, the property owner. He was advised that Mr. Puder and Mr. Finkelstein resolved the issue in a manner that allowed for a release of the recorded document and permit a closing. However, documentation to that effect had not yet been received. Mr. Finkelstein would have until May 15, 2007 to cure the marketability issue. Mr. Reardon indicated if it was accomplished by May 15,2007, it would take another week for the funds to be transferred and a closing would probably occur a week after that. If the marketability issue was not cured by May 15, 2007, the board would have the authority to either grant a further extension or allow the contract to lapse. He requested direction as to the manner in which to proceed in the event the documentation is not received by May 15, 2007, 22 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida May 8, 2007 Ms. Horenburger suggested that a special meeting be held. If the board continued to grant extensions, the parties would continue to negotiate with each other. CRA Attorney Spillias advised the current extension was not granted by the board. It was permitted under the contract, which expires on May 15, 2007. It could be suggested to the parties that if the documentation was not received by Monday, May 14, 2007, the board could call a special meeting on 24 hours' notice and meet on May 15, 2007. XIV. Comments by CRA Board Ms. Horenburger commented she was in a meeting recently with an official from another city and was asked if she knew where Five Towns College was going to be located. She replied she did not know. The official advised the College was going to be located in the City of Lake Worth. Ms. Horenburger subsequently mentioned this to CRA Executive Director Bright. Ms. Horenburger understood officials were involved in representing Boynton Beach in its Requests for Proposals (RFP) for development. Ms. Horenburger attempted to contact the official, while Ms. Bright contacted Dr. Cohen. Dr. Cohen indicated the arrangement had not been completed. Ms. Horenburger believed the CRA should approach Five Towns College to determine what it would take to bring them back to Boynton Beach. She believed the site they were exploring did not provide sufficient parking and was a lot smaller in square footage than Boynton Beach High School. She urged this be explored by the City's legal staff and CRA Executive Director, and for renegotiation efforts to be made with Five Towns College. Chair Tillman believed a Letter of Understanding from the board to Five Towns College was in order, and that the board should receive a direct response from the consultant as to the timeline and how this issue came about. Rev. Chaney expressed his appreciation that the CRA Executive Director was working with the Youth Violence Initiative. The board had discussed a youth summit and he believed the board should move forward with action. Additionally, he expressed his gratitude to the board for committing the dollars to the youth participating in the Alabama summit. He believed, however, that prior to donations made by the board, formal presentations by youth organizations were needed in order to provide clearer information and to ensure proper supervision. Ms. Heavilin wished to follow up on Ms. Horenburger's comments and believed every effort should be made to get Five Towns College back to Boynton Beach. Secondly, she was approached by several people requesting something be done with regard to the deplorable conditions on Federal Highway. Signs were down, as were utility poles, from the last hurricane. She was advised that Code Compliance was not doing anything, although this was not verified. Ms. Bright advised that she would take care of the situation. Chair Tillman asserted with respect to issues of liability, the board previously discussed developing a policy next year in terms of outreach. He suggested this be explored. 23 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida May 8, 2007 xv. Adjournment No further discussion having come before the board, the meeting properly adjourned at 9:25 p.m. ~01- Recording Secretary 24 v. CONSENT AGENDA: B. Approval of the Monthly Financial Report _ May 31, 2007 .30YNTON C-..... [") j./,,~ 3 ~ A C -H ,~"., r\J~ East Side-West Side....Seaside Renaissance BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: June 12,2007 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 May 31, 2007. FISCAL IMPACT: As of May 31,2007 the CRA had received 100.0 % of expected revenue and expended 66.87% of its appropriations for fiscal year 2006-2007. The end of May represents the 8th fiscal month. There are four (4) months remaining in this fiscal year. RECOMMENDATIONS: None ~d4~~ Susan Harris - Interim Finance Director T:IAGENDAS. CONSENT AGENDAS. MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board Meetings\0706 12 CRA Board Meeting - June\Monthly Financial report.doc 5-30-2007 r . 3 PM 01 -GENERAL FUND FINANCIAL SUMMARy REVENUE SUMMARY T.I.F.INCOME MARINA RENT & GRANT INC MARKETING INCOME FESTIVALS & EVENT INCOME INVESTMENT INCOME CONTRIBUTIONS & DONATION MISCELLANEOUS OTHER FINANCING SOURCES TOTAL REVENUES EXPENDITURE SUMMARY LEGISLATIVE ADMINISTRATIVE AUDITOR FINANCE INSURANCES PROFESSIONAL SERVICES PLANNING BUILDINGS & PROPERTY MARINA COMMUNICATIONS & TECHNOLO SOFTWARE & TECHNOLOGY CONTINGENCY POLICE TRANSPORTATION INCENTIVES & GRANTS MARKETING SPECIAL EVENTS SIGNAGE PROGRAM HEART OF BOYNTON DEVELOPMENT PROJECTS EMPLOYEE BEBEFITS DEBT SERVICE TRANSFER OUT TOTAL EXPENDITURES REVENUES OVER/(UNDER) EXPENDITURES ORIGINAL BUDGET 9,000,000 620,000 10,000 2,000 180,000 1,000 o o 9,813,000 BOYNTO ~EACH CRA REVENUE & EXPENDI ~S REPORT (UNAUDITED) AS OF: MAY 31ST, 2007 AMENDED BUDGET 9,000,000 826,000 10,000 2,000 180,000 1,000 o o 10,019,000 MONTHLY ACTIVITY 0.00 104,568.51 0.00 0.00 0.00 0.00 95.89 0.00 104,664.40 YEAR-TO-DATE BALANCE 9,292,498.65 454,953.24 600.00 14,461. 60 275,243.54 0.00 1,298.06 0.00 10,039,055.09 PAC 1 % OF TOTAL UNENCUMBERED BUDGET ENCUMBERED BALANCE REMAINING 4,470.27 1,244.08 0.00 1,714.70 0.00 114,800.00 7,544.18 129,010.68 6,066.18 25,345.11 3,839.99 0.00 0.00 293,585.'78 0.00 67,796.11 10,549.65 800.00 0.00 229,318.44 570.00 0.00 0.00 10,349.86 98,149.39 145.38 67,214.30 434.03 178,997.57 149,364.40 11,391.08 91,558.05) 27,072.70 9,089.43 423,488.00 17,784.80 10,798.00 299,021.50 42,114.69 78,068.47 10,650.00 120,873.55 3,113,905.35 55,821.12 2,065,703.52 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 292,498.65) 371,046.76 9,400.00 12,461. 60) 95,243.54) 1,000.00 1,298.06) 0.00 3.25- 44.92 94.00 623.08- 52.91- 100.00 0.00 0.00 ------------ ------------ ------------- ------------- ------------- ------------- ------- ------------ ------------ ------------- ------------- ------------- ------------- ------- 0.20- 48,800 233,216 10,900 176,101 40,311 613,525 225,200 245,945 39,000 83,404 30,077 500,000 120,000 646,420 325,000 264,800 353,050 15,000 200,000 2,400,295 152,183 3,089,773 o 9,813,000 49,800 248,116 23,580 178,650 55,881 611,525 271,113 274,325 314,000 83,404 30,077 423,488 28,175 646,420 325,000 265,400 355,688 15,000 200,000 2,368,235 159,850 3,090,273 o 10,018,000 4,378.77 16,414.57 27.25 12,958.04 0.00 42,464.08 17,652.91 15,151. 05 115,483.36 19,272.83 4,789.42 0.00 3,508.20 55,732.75 2,160.00 60,493.13 51,503.74) 0.00 1,411.82 2,651.17 5,573.36 46,058.59 0.00 374,677.56 34,979.87 148,722.53 23,434.62 109,721.00 55,446.97 317,727.43 114,204.04 133,923.24 399,491. 87 30,986.19 17,147.58 0.00 10,390.20 342,036.22 25,978.50 155,489.20 267,069.88 3,550.00 79,126.45 974,988.79) 103,459.26 1,024,569.48 0.00 2,422,465.74 0.00 20,055.09) 20.78 39.56 0.62 37.62 0.78 29.27 55.09 4.15 29.16- 32.46 30.22 100.00 63.12 1. 67 92.01 15.87 21. 95 71. 00 60.44 131. 49 34.92 66.85 0.00 ------------ ------------ ------------- ------------- ------------- ------------- ------- ------------ ------------ ------------- ------------- ------------- ------------- ------- 66.87 o 1,000 270,013.16) 7,616,589.35 896,655.17 6,698,879.09 896,655.17) ( 6,718,934.18)1,893.42- 5-30-2007 r- '3 PM 01 -GENERAL FUND REVENUES T.I.F.INCOME 01-41000 T.I.F. COLLECTIONS TOTAL T.I.F.INCOME MARINA RENT & GRANT INC 01-42100 TROLLY -FEDERAL & MPO GRANTS 01-42110 MARI~A - 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 BOYNTO. ~EACH CRA REVENUE & EXPENDI ~S REPORT (UNAUDITED) AS OF: MAy 31ST, 2007 AMENDED BUDGET 9,000,000.0 9,000,000 0.0 500,000.0 0.0 120,000.0 0.0 203,000.0 3,000.0 0.0 826,000 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 10,792.00 600.00 93,176.51 0.00 0.00 104,568.51 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 95.89 0.00 95.89 YEAR-TO-DATE BALANCE 9,292,498.65 9,292,498.65 0.00 0.00 0.00 97,176.99 3,322.74 351.690.83 2,762.68 0.00 454,953.24 600.00 600.00 0.00 8,288.85 3,369.77 1,000.00 1,802.98 14,461. 60 275,243.54 275,243.54 0.00 0.00 1,298.06 0.00 1,298.06 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 PAC 2 % OF UNENCUMBERED BUDGET BALANCE REMAINING 292,498.65) 292,498.65) 0.00 500,000.00 0.00 22,823.01 3,322.74) 148,690.83) 237.32 0.00 371,046.76 9,400.00 9,400.00 2,000.00 8,288.85) 3,369.77) 1,000.00) 1,802.98) 12,461.60) 95,243.54) 95,243.54) 1,000.00 1,000.00 1,298.06) 0.00 1,298.06) 3.25- 3.25- 0.00 100.00 0.00 19.02 0.00 73.25- 7.91 0.00 44.92 94.00 94.00 100.00 0.00 0.00 0.00 0.00 623.08- 52.91- 52.91- 100.00 100.00 0.00 0.00 0.00 5-30-2007 rr '3 PM 01 -GENERAL FUND BOYNTO' lEACH CRA REVENUE & EXPENDI ,S REPORT (UNAUDITED) AS OF: MAi 31ST, 2007 PAC 3 REVENUES ORIGINAL BUDGET AMENDED BUDGET OTHER FINANCING SOURCES 01-49100 OTHER FINANCING SOURCES TOTAL OTHER FINANCING SOURCES o o 0.0 o % OF MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL REVENUES 9,813,000 10,019,000 104,664.40 10,039,055.09 0.00 20,055.09) 0.20- ------------ ------------ ------------- ------------- ------------- ------------- ------- ------------ ------------ ------------- ------------- ------------- ------------- ------- 5-30-2007 r '3 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 BOYNTC ,EACH CRA REVENUE & EXPENDl ~S REPORT (UNAUDITED) AS OF: MAi 31ST, 2007 AMENDED BUDGET 7,000 3,200 2,300 o 34,700 2,000 49,200 600 600 600 600 49,800 MONTHLY ACTIVITY 0.00 3,387.58 666.19 0.00 200.00 125.00 4,378.77 0.00 0.00 4,378.77 YEAR-TO-DATE BALANCE 3,087.12 5,632.50 1,544.32 0.00 22,202.04 1,914.63 34,380.61 599.26 599.26 34,979.87 TOTAL ENCUMBERED 3,712.88 0.00 757.39 0.00 0.00 0.00 4,470.27 0.00 0.00 4,470.27 PAr 4 % OF UNENCUMBERED BUDGET BALANCE REMAINING 200.00 2,432.50) 1. 71) 0.00 12,497.96 85.37 10,349.12 0.74 0.74 10,349.86 2.86 76.02- 0.07- 0.00 36.02 4.27 21. 03 0.12 0.12 20.78 5-30-2007 r '3 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 BOYNTC 1EACH CRA REVENUE & EXPENDI ~S REPORT (UNAUDITED) AS OF: MAY 31ST, 2007 AMENDED BUDGET 204,900 4,030 208,930 500 2,000 o 16,500 4,870 500 1,500 25,870 1,000 7,500 1,316 1,000 2,500 13,316 o o o o 248,116 MONTHLY ACTIVITY 14,730.78 310.00 15,040.78 0.00 0.00 0.00 1,087.09 0.00 0.00 0.00 1,087.09 0.00 286.70 0.00 0.00 0.00 286.70 0.00 0.00 16,414.57 YEAR-TO-DATE BALANCE 123,182.01 2,440.90 125,622.91 0.00 2,000.00 0.00 14,099.27 2,924.15 224.42 45.00 19,292.84 618.75 2,800.93 289.20 97.90 0.00 3,806.78 0.00 0.00 148,722.53 TOTAL ENCUMBERED 0.00 0.00 0.00 0.00 0.00 0.00 604.67 160.00 0.00 0.00 764.67 24.99 355.42 99.00 0.00 0.00 479.41 0.00 0.00 1,244.08 UNENCUMBERED BALANCE 81,717.99 1,589.10 83,307.09 500.00 0.00 0.00 1,796.06 1,785.85 275.58 1,455.00 5,812.49 356.26 4,343.65 927.80 902.10 2,500.00 9,029.81 0.00 0.00 98,149.39 PA< 5 % OF BUDGET REMAINING 39.88 39.43 39.87 100.00 0.00 0.00 10.89 36.67 55.12 97.00 22.47 35.63 57.92 70.50 90.21 100.00 67.81 0.00 0.00 39.56 5-30-2007 r- 1.3 PM 01 -GENERAL FUND AUDITOR BOYNTC ~EACH CRA REVENUE & EXPEND: ~S REPORT (UNAUDITED) AS OF: MA, 31ST, 2007 PAr 6 DEPARTMENTAL EXPENDITURES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED UNENCUMBERED BALANCE % OF BUDGET REMAINING PURCHASED/CONTRACT SERV 01-51320-202 AUDITORS FEES 01-51320-227 DELIVERY SERVICES TOTAL PURCHASED/CONTRACT SERV 10,700 200 10,900 23,408 172 23,580 0.00 27.25 27.25 23,407.37 27.25 23,434.62 0.00 0.00 0.00 0.63 144.75 145.38 0.00 84.16 0.62 TOTAL AUDITOR 10,900 23,580 27.25 23,434.62 0.00 145.38 0.62 5-30-2007 r 1.3 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 BOYNT(' '3EACH CRA REVENUE & EXPEND~ '::S REPORT (UNAUDITED) AS OF: MA~ 31ST, 2007 o o AMENDED BUDGET 149,000 2,600 151,600 4,500 2,800 o o 8,200 1,300 361 3,000 20,161 1,500 3,000 o 100 1,289 5,889 1,000 1,000 o o 178,650 MONTHLY ACTIVITY 11,461. 52 200.00 11,661. 52 264.21 323.89 0.00 0.00 415.38 0.00 0.00 0.00 1,003.48 174.27 45.28 0.00 73.49 0.00 293.04 0.00 0.00 0.00 0.00 12,958.04 YEAR-TO-DATE BALANCE 92,838.31 1,700.00 94,538.31 1,644.06 2,234.60 0.00 0.00 7,715.07 0.00 150.14 0.00 11,743.87 1,001.47 2,313.90 0.00 73.49 0.00 3,388.86 49.96 49.96 0.00 0.00 109,721.00 TOTAL ENCUMBERED 0.00 0.00 0.00 0.00 0.00 0.00 0.00 425.70 0.00 0.00 0.00 425.70 0.00 0.00 0.00 0.00 1,289.00 1,289.00 0.00 0.00 0.00 0.00 1,714.70 UNENCUMBERED BALANCE 56,161.69 900.00 57,061. 69 2,855.94 565.40 0.00 0.00 59.23 1,300.00 210.86 3,000.00 7,991.43 498.53 686.10 0.00 26.51 0.00 1,211.14 950.04 950.04 0.00 0.00 67,214.30 PA 7 % OF BUDGET REMAINING 37.69 34.62 37.64 63.47 20.19 0.00 0.00 0.72 100.00 58.41 100.00 39.64 33.24 22.87 0.00 26.51 0.00 20.57 95.00 95.00 0.00 0.00 37.62 5-30-2007 r '.3 PM BOYNTC :lEACH CRA PA' 8 REVENUE & EXPENDl i:S REPORT (UNAUDITED) AS OF: MAY 31ST, 2007 01 -GENERAL FUND INSURANCES % OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED 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 PURC~SED/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 5-30-2007 r '3 PM 01 -GENERAL FUND PROFESSIONAL SERVICES BOYNTO' 'EACH CRA REVENUE & EXPENDI ,S REPORT (UNAUDITED) AS OF: MA~ 31ST, 2007 PAC 9 DEPARTMENTAL EXPENDITURES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE % OF TOTAL UNENCUMBERED BUDGET ENCUMBERED BALANCE REMAINING PURCHASED/CONTRACT SERV 01-51420-200 CONTRACTUAL EXPENSE 126,000 126,000 8,756.02 56,118.25 62,500.00 7,381.75 5.86 01-51420-201 CONTRACT LEGAL 350,000 350,000 26,208.06 201,444.18 0.00 148,555.82 42.44 01-51420-203 LOBBYING COSTS- FED & STA 80,000 80,000 7,500.00 30,000.00 30,000.00 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 22,300.00 4,420.00) 9.21- TOTAL PURCHASED/CONTRACT SERV 613,525 611,525 42,464.08 317,727.43 114,800.00 178,997.57 29.27 TOTAL PROFESSIONAL SERVICES 613,525 611,525 42,464.08 317,727.43 114,800.00 178,997.57 29.27 5-30-2007 r' . 3 PM 01 -GENERAL FUND PLANNING DEPARTMENTAL EXPENDITURES PERSONNEL SERVICES 01-51440-100 PERSONNEL SERVICES 01-51440-115 CAR ALLOWANCE TOTAL PERSONNEL SERVICES PURCHASED/CONTRACT SERV 01-51440-200 CbNTRACTUAL 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 o 86,000 124,000 o 1,000 o 3,800 900 500 1,500 131,700 3,000 1,200 200 300 2,500 7,200 300 300 225,200 BOYNTO' '.EACH eRA REVENUE & EXPENDI ,S REPORT (UNAUDITED) AS OF: MA~ 31ST, 2007 AMENDED BUDGET 126,385 o 126,385 124,000 o 1,000 o 8,800 1,082 500 1,318 136,700 2,860 1,899 200 300 2,469 7,728 300 300 o o o o 271,113 MONTHLY ACTIVITY 12,000.00 200.00 12,200.00 3,182.90 0.00 0.00 0.00 1,960.23 50.00 47.25 0.00 5,240.38 0.00 45.28 0.00 0.00 167.25 212.53 0.00 0.00 0.00 0.00 17,652.91 YEAR-TO-DATE BALANCE 69,246.12 200.00 69,446.12 32,178.90 0.00 0.00 0.00 9,260.78 1,131.25 220.70 0.00 42,791.63 0.00 1,230.32 0.00 95.00 640.97 1,966.29 0.00 0.00 0.00 0.00 114,204.04 TOTAL ENCUMBERED 0.00 0.00 0.00 7,400.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 7,400.00 10.98 133.20 0.00 0.00 0.00 144.18 0.00 0.00 0.00 0.00 7,544.18 PAC 10 % OF UNENCUMBERED BUDGET BALANCE REMAINING 57,138.50 200.00) 56,938.50 84,421.10 0.00 1,000.00 0.00 460.78) 49.25) 279.30 1,318.00 86,508.37 2,849.02 535.48 200.00 205.00 1,828.03 5,617.53 300.00 300.00 0.00 0.00 149,364.40 45.21 0.00 45.05 68.08 0.00 100.00 0.00 5.24- 4.55- 55.86 100.00 63.28 99.62 28.20 100.00 68.33 74.04 72.69 100.00 100.00 0.00 0.00 55.09 5-30-2007 r 3 PM 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 PROPERTY MAINTENENCE COST TOTAL PURCHASED/CONTRACT SERV SUPPLIES 01-51620-315 POSTAGE COSTS 01-51620-325 ELECTRICITY COSTS 01-51620-326 WATER CHARGES TOTAL SUPPLIES CAPITAL OUTLAY 01-51620-400 EQUIPMENT COSTS TOTAL CAPITAL OUTLAY DEPRECIATION & AMORT 01-51620-600 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 BOYNTO ~EACH CRA REVENUE & EXPENDI .S REPORT (UNAUDITED) AS OF: MAy 31ST, 2007 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 110.75 4,000.00 690.00 4,791.21 427.00 4,381.00 14,399.96 59.97 470.40 220.72 751.09 0.00 0.00 o o 0.00 0.00 15,151.05 YEAR-TO-DATE BALANCE 1,162.75 32,000.00 5,620.00 10,112.39 7,543.36 70,685.82 127,124.32 838.98 2,925.70 2,036.89 5,801.57 997.35 997.35 0.00 0.00 133,923.24 PAC 11 % OF TOTAL UNENCUMBERED BUDGET ENCUMBERED BALANCE REMAINING 660.00 16,000.00 2,660.00 968.14 1,708.00 93,538.13 115,534.27 439.00 7,074.30 5,963.11 13,476.41 0.00 0.00 0.00 0.00 129,010.68 177.25 400.00 5,000.00 1,051.53) 4,575.64 2,223.95) 6,877.41 722.02 0.00 0.00 722.02 3,791.65 3,791.65 0.00 0.00 11,391.08 8.86 0.83 37.65 10.48- 33.09 1. 37- 2.76 36.10 0.00 0.00 3.61 79.17 79.17 0.00 0.00 4.15 5-30-2007 r . 3 PM 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 PURCHASED/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 01-51630-400 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 BOYNTC 1EACH CRA REVENUE & EXPEND 1 ~S REPORT (UNAUDITED) AS OF: MAy 31ST, 2007 AMENDED BUDGET 9,200 11,000 25,000 40,000 10,000 95,200 8,800 2,000 200,000 3,000 213,800 5,000 5,000 314,000 MONTHLY ACTIVITY 0.00 573.64 5,250.00 9,658.33 3,011.81 18,493.78 564.60 179.14 94,842.61 1,403.23 96,989.58 0.00 0.00 115,483.36 YEAR-TO-DATE BALANCE 741.01 7,423.64 24,450.00 40,814.23 8,775.07 82,203.95 5,659.92 734.16 306,954.89 3,938.95 317,287.92 0.00 0.00 399,491. 87 PAr 12 % OF TOTAL UNENCUMBERED BUDGET ENCUMBERED BALANCE REMAINING 0.00 0.00 2,300.00 0.00 0.00 2,300.00 2,500.34 1,265.84 0.00 0.00 3,766.18 0.00 0.00 6,066.18 8,458.99 3,576.36 1,750.00) 814.23) 1,224.93 10,696.05 639.74 0.00 106,954.89) 938.95) 107,254.10) 5,000.00 5,000.00 91,558.05) 91. 95 32.51 7.00- 2.04- 12.25 11. 24 7.27 0.00 53.48- 31. 30- 50.17- 100.00 100.00 29.16- 5-30-2007 r~ '3 PM BOYNTO. lEACH CRA PAC 13 REVENUE & EXPENDI ;S REPORT (UNAUDITED) AS OF: MAl 31ST, 2007 01 -GENERAL FUND COMMUNICATIONS & TECHNOLO % OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING PURCHASED/CONTRACT SERV 01-51650-200 CONTRACTUAL EXPENSE 500 930 460.00 1,390.00 0.00 460.00) 49.46- TOTAL PURCHASED/CONTRACT SERV 500 930 460.00 1,390.00 0.00 460.00) 49.46- SUPPLIES 01-51650-330 TELEPHONE LINES 7,500 7,500 405.91 2,039.50 7,921. 00 2,460.50) 32.81- 01-51650-335 T-1 COMMUNICATION LINE 1,500 1,500 128.35 656.96 1,686.08 843.04) 56.20- 01-51650-340 CELLULAR PHONES 3,504 6,511 420.00 3,527.62 3,583.03 599.65) 9.21- 01-51650-345 WEB SITE 25,400 25,400 13,175.00 13,845.00 11,555.00 0.00 0.00 01-51650-350 WI-FI ANNUAL COST 44,000 40,993 4,683.57 9,527.11 600.00 30,865.89 75.30 TOTAL SUPPLIES 81,904 81,904 18,812.83 29,596.19 25,345.11 26,962.70 32.92 CAPITAL OUTLAY 01-51650-400 EQUIPMENT COSTS 1,000 570 0.00 0.00 0.00 570.00 100.00 TOTAL CAPITAL OUTLAY 1,000 570 0.00 0.00 0.00 570.00 100.00 TOTAL COMMUNICATIONS & TECHNOLO 83,404 83,404 19,272.83 30,986.19 25,345.11 27,072.70 32.46 5-30-2007 (\' , 3 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 TOTAL SOFTWARE & TECHNOLOGY ORIGINAL BUDGET 1,200 18,540 5,000 4,337 29,077 1,000 1,000 30,077 BOYNTO' 'EACH CRA REVENUE & EXPENDI S REPORT (UNAUDITED) AS OF: MAi 31ST, 2007 AMENDED BUDGET 1,200 18,540 5,000 4,337 29,077 1,000 1,000 o o 30,077 MONTHLY ACTIVITY 0.00 4,500.00 0.00 0.00 4,500.00 289.42 289.42 o o 0.00 0.00 4,789.42 YEAR-TO-DATE BALANCE 1,039.90 15,000.00 0.00 0.00 16,039.90 1,107.68 1,107.68 0.00 0.00 17,147.58 TOTAL ENCUMBERED 299.99 3,540.00 0.00 0.00 3,839.99 0.00 0.00 0.00 0.00 3,839.99 PAC' 14 % OF UNENCUMBERED BUDGET BALANCE REMAINING 139.89) 0.00 5,000.00 4,337.00 9,197.11 107.68) 107.68) 0.00 0.00 9,089.43 11.66- 0.00 100.00 100.00 31.63 10.77- 10.77- 0.00 0.00 30.22 5-30-2007 r 3 PM 01 -GENERAL FUND CONTINGENCY BOYNTO' 'EACH CRA REVENUE & EXPEND I. ,S REPORT (UNAUDITED) AS OF: MAY 31ST, 2007 PAC 15 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 500,000 500,000 423,488 423,488 0.00 0.00 0.00 0.00 0.00 423,488.00 100.00 0.00 423,488.00 100.00 TOTAL CONTI~GENCY 500,000 423,488 0.00 0.00 0.00 423,488.00 100.00 5-30-2007 r' '3 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 120,000 120,000 120,000 BOYNTO' <EACH CRA REVENUE & EXPEND I ,S REPORT (UNAUDITED) AS OF: MAi 31ST, 2007 AMENDED BUDGET o o 24,666 24,666 o o o o o 3,509 o 3,509 o o o o 28,175 MONTHLY ACTIVITY o o 0.00 0.00 0.00 0.00 o o 0.00 0.00 3,508.20 0.00 3,508.20 0.00 0,00 3,508.20 YEAR-TO-DATE BALANCE 0.00 0.00 6,882.00 6,882.00 0.00 0.00 3,508.20 0.00 3,508.20 0.00 0.00 10,390.20 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 UNENCUMBERED BALANCE 17,784.00 17,784.00 0.80 0.00 0.80 0.00 0.00 17,784.80 0.00 0.00 0.00 0.00 PAC 16 % OF BUDGET REMAINING 0.00 0.00 72 .10 72 .10 0.00 0.00 0.02 0.00 0.02 0.00 0.00 63.12 5-30-2007 r '3 PM 01 -GENERAL FUND TRANSPORTATION BOYNT, '3EACH CRA REVENUE & EXPENDl SS REPORT (UNAUDITED) AS OF: MAy 31ST, 2007 PA' 17 DEPARTMENTAL EXPENDITURES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED % OF UNENCUMBERED BUDGET 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 43,680.00 311,570.00 234,640.00 10,710.00 1.92 84,000 84,000 12,052.75 27,221. 22 58,945.78 2,167.00) 2.58- 5,000 5,000 0.00 3,245.00 0.00 1,755.00 35.10 646,420 646,420 55,732.75 342,036.22 293,585.78 10,798.00 1. 67 646,420 646,420 55,732.75 342,036.22 293,585.78 10,798.00 1. 67 TOTAL TRANSPORTATION 5-30-2007 r- '3 PM 01 -GENERAL FUND INCENTIVES & GRANTS DEPARTMENTAL EXPENDITURES PURCHASED/CONTRACT SERV 01-57200-200 CONTRACTUAL EXPENSE 01-57200-236 PBC - DEVELOP. REGIONS GR 01-57200-237 RESIDENTIAL IMPROVEMENT P 01-57200-238 COMMERCIAL IMPROVEMENT PR 01-57200-239 ECONOMIC DEVELOPMENT PROG 01-57200-240 DIRECT INCENTIVE PROGRAM TOTAL PURCHASED/CONTRACT SERV TOTAL INCENTIVES & GRANTS ORIGINAL BUDGET o 100,000 o 100,000 125,000 o 325,000 325,000 BOYNTO' ~EACH CRA REVENUE & EXPENDl ;S REPORT (UNAUDITED) AS OF: MAi 31ST, 2007 AMENDED BUDGET o 100,000 o 100,000 125,000 o 325,000 325,000 MONTHLY ACTIVITY 0.00 0.00 0.00 0.00 2,160.00 0.00 2,160.00 2,160.00 YEAR-TO-DATE BALANCE 0.00 0.00 0.00 15,000.00 10,978.50 0.00 25,978.50 25,978.50 TOTAL ENCUMBERED 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 UNENCUMBERED BALANCE 0.00 100,000.00 0.00 85,000.00 114,021. 50 0.00 299,021. 50 299,021.50 PAC 18 % OF BUDGET REMAINING 0.00 100.00 0.00 85.00 91. 22 0.00 92.01 92.01 5-30-2007 (" 1 PM 01 -GENERAL FUND MARKETING 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 MARKETING 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 BOYNTO' 'EACH CRA REVENUE & EXPENDI S REPORT (UNAUDITED) AS OF: MAr 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 2,500 200 390 2,110 7,700 o o o o 265,400 MONTHLY ACTIVITY 7,076.92 7,076.92 8,462.00 0.00 9,770.00 0.00 34,675.00 0.00 0.00 0.00 279.00 0.00 0.00 0.00 0.00 53,186.00 159.98 45.28 24.95 0.00 0.00 230.21 0.00 0.00 60,493.13 YEAR-TO-DATE BALANCE 39,846.13 39,846.13 29,759.00 32.50 18,551. 54 7,215.56 48,508.50 0.00 0.00 0.00 5,440.77 100.00 149.70 0.00 3,375.92 113,133.49 465.95 1,129.33 24.95 389.35 500.00 2,509.58 0.00 0.00 155,489.20 TOTAL ENCUMBERED 0.00 0.00 40,391.00 0.00 16,472.25 7,307.16 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 3,492.50 67,662.91 0.00 133.20 0.00 0.00 0.00 133.20 0.00 0.00 67,796.11 UNENCUMBERED BALANCE 20,153.87 20,153.87 6,625.00 0.50 1.21 77.28 1,491.50 0.00 0.00 0.00 559.23 0.00 50.30 0.00 8,098.58 16,903.60 2,034.05 1,237.47 175.05 0.65 1,610.00 5,057.22 0.00 0.00 42,114.69 PAC' 19 % OF BUDGET REMAINING 33.59 33.59 8.63 1. 52 0.00 0.53 2.98 0.00 0.00 0.00 9.32 0.00 25.15 0.00 54.11 8.55 81.36 49.50 87.53 0.17 76.30 65.68 0.00 0.00 15.87 5-30-2007 r . 3 PM BOYNTO' ~EACH CRA PAC 20 REVENUE & EXPEND I _S REPORT (UNAUDITED) AS OF: MAy 31ST, 2007 01 -GENERAL FUND SPECIAL EVENTS % OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING PERSONNEL SERVICES 01-57500-100 PERSONNEL SERVICES 28,050 28,050 2,060.77) 18,228.76 0.00 9,821.24 35.01 TOTAL PERSONNEL SERVICES 28,050 28,050 2,060.77) 18,228.76 0.00 9,821.24 35.01 PURCHASED/CONTRACT SERV 01-57500-216 ADVERTISING & PUBLIC NOTI 0 0 0.00 0.00 0.00 0.00 0.00 01-57500-219 FESTIVALS & EVENTS 325,000 325,000 49,810.00) 247,006.53 10,549.65 67,443.82 20.75 01-57500-220 PROMO & BUSINESS TRAVEL 0 0 0.00 0.00 0.00 0.00 0.00 01-57500-222 BUSINESS PROGRAMING 0 0 0.00 0.00 0.00 0.00 0.00 01-57500-223 BUSINESS GENESIS 0 0 0.00 0.00 0.00 0.00 0.00 01-57500-225 ASSOC. MEETINGS & SEMINAR 0 138 321. 75 459.13 0.00 321.13) 232.70- 01-57500-226 MEMBERSHIP DUES 0 200 0.00 175.00 0.00 25.00 12.50 TOTAL PURCHASED/CONTRACT SERV 325,000 325,338 49,488.25) 247,640.66 10,549.65 67,147.69 20.64 SUPPLIES 01-57500-300 OFFICE EXPENSE 0 300 0.00 25.00 0.00 275.00 91.67 01-57500-310 OFFICE SUPPLIES 0 2,000 45.28 1,175.46 0.00 824.54 41. 23 01-57500-355 SUBSCRIPTIONS 0 0 0.00 0.00 0.00 0.00 0.00 01-57500-360 BOOKS & PUBLICATIONS 0 0 0.00 0.00 0.00 0.00 0.00 01-57500-365 OFFICE PRINTING COSTS 0 0 0.00 0.00 0.00 0.00 0.00 TOTAL SUPPLIES 0 2,300 45.28 1,200.46 0.00 1,099.54 47.81 DEPRECIATION & AMORT 01-57500-610 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 SPECIAL EVENTS 353,050 355,688 51,503.74) 267,069.88 10,549.65 78,068.47 21.95 5-30-2007 r- '3 PM 01 -GENERAL FUND SIGNAGE PROGRAM DEPARTMENTAL EXPENDITURES ORIGINAL BUDGET BOYNTC ,EACH CRA REVENUE & EXPENDl ;S REPORT (UNAUDITED) AS OF: MAi 31ST, 2007 AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED UNENCUMBERED BALANCE PAr 21 % OF BUDGET 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 0.00 3,550.00 3,550.00 0.00 800.00 800.00 5,000.00 5,650.00 10,650.00 TOTAL SIGNAGE PROGRAM 100.00 56.50 71.00 15,000 15,000 0.00 3,550.00 800.00 10,650.00 71. 00 5-30-2007 (' 13 PM BOYNTC' 1EACH CRA PAr 22 REVENUE & EXPEND~ ,S REPORT (UNAUDITED) AS OF: MAi 31ST, 2007 01 -GENERAL FUND HEART OF BOYNTON % OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING PURCHASED/CONTRACT SERV 01-58200-200 CONTRACTUAL EXPENSE 200,000 200,000 1,411.82 79,126.45 0.00 120,873.55 60.44 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 1,411.82 79,126.45 0.00 120,873.55 60.44 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 1,411.82 79,126.45 0.00 120,873.55 60.44 5-30-2007 r '3 PM 01 -GENERAL FUND DEVELOPMENT PROJECTS BOYNTC lEACH CRA REVENUE & EXPENDI ~S REPORT (UNAUDITED) AS OF: MAy 31ST, 2007 PAC 23 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 2,651.17 974,988.79) 2,651.17 974,988.79) 229,318.44 3,113,905.35 131.49 229,31B.44 3,113,905.35 131.49 TOTAL DEVEL~PMENT PROJECTS 2,400,295 2,368,235 2,651.17 974,988.79) 229,318.44 3,113,905.35 131.49 5-30-2007 r 1 PM 01 -GENERAL FUND EMPLOYEE BEBEFITS DEPARTMENTAL EXPENDITURES PERSONNEL SERVICES 01-59000-150 COMPENSATED TIME OFF 01-59000-151 F.I.C.A. 01-59000-152 MEDICARE 01-59000-153 RETIREMENT PLAN 401(a) 01-59000-154 WORKERS COMP INSURANCE 01-59000-155 H~TH INSURANCE 01-59000-156 DENTAL INSURANcE 01-59000-157 LIFE INSURANCE 01-59000-158 SHORT / LONG TERM DISABIL 01-59000-159 UNEMPLOYMENT CHARGES 01-59000-160 VISION INSURANCE 01-59000-161 COMPENSATED ABSENSES TOTAL PERSONNEL SERVICES TOTAL EMPLOYEE BEBEFITS ORIGINAL BUDGET o 32,401 7,999 60,495 5,714 32,254 3,164 2,064 2,634 5,000 458 o 152,183 152,183 BOYNTO' EACH CRA REVENUE & EXPENDI', ,S REPORT (UNAUDITED) AS OF: MAY 31ST, 2007 AMENDED BUDGET o 34,905 8,585 61,287 5,714 34,441 3,314 3,267 2,859 5,000 480 o 159,850 159,850 MONTHLY ACTIVITY 0.00 2,685.70 628.10 73.40) 0.00 2,064.19 57.93 239.73 38.41) ( 0.00 9.52 0.00 5,573.36 5,573.36 YEAR-TO-DATE BALANCE 0.00 20,506.66 5,024.01 48,937.60 2,000.74 21,347.98 1,561.65 3,193.54 38.41) 735.15 190.34 0.00 103,459.26 103,459.26 TOTAL ENCUMBERED 0.00 0.00 0.00 0.00 0.00 570.00 0.00 0.00 0.00 0.00 0.00 0.00 570.00 570.00 UNENCUMBERED BALANCE 0.00 14,398.19 3,560.56 12,349.70 3,713.26 12,523.12 1,752.15 72.96 2,896.97 4,264.85 289.36 0.00 55,821.12 55,821.12 PAC 24 % OF BUDGET REMAINING 0.00 41. 25 41.48 20.15 64.99 36.36 52.87 2.23 101. 34 85.30 60.32 0.00 34.92 34.92 5-30-2007 r . 3 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 ORIGINAL BUDGET 675,823 600,000 235,000 204,015 786,615 588,320 o o 3,089,773 OTHER FINANCING USES 01-59800-990 TRANS OUT TO DEBT SERVICE 0 TOTAL OTHER FINANCING USES 0 TOTAL DEBT SERVICE 3,089,773 BOYNTO 1EACH CRA REVENUE & EXPENDI ,S REPORT (UNAUDITED) AS OF: MAy 31ST, 2007 AMENDED BUDGET 675,823 o o 204,015 o o 500 o 880,338 2,209,935 2,209,935 3,090,273 MONTHLY ACTIVITY 38,198.79 0.00 0.00 7,859.80 0.00 0.00 0.00 0.00 46,058.59 0.00 0.00 46,058.59 YEAR-TO-DATE BALANCE 239,039.95 0.00 0.00 97,613.28 0.00 0.00 450.00 0.00 337,103.23 687,466.25 687,466.25 1,024,569.48 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 PAC 25 % OF UNENCUMBERED BUDGET BALANCE REMAINING 436,783.05 0.00 0.00 106,401.72 0.00 0.00 50.00 0.00 543,234.77 1,522,468.75 1,522,468.75 2,065,703.52 64.63 0.00 0.00 52.15 0.00 0.00 10.00 0.00 61.71 68.89 68.89 66.85 5-30-2007 r~ '3 PM 01 -GENERAL FUND TRANSFER OUT BOYNTO' lEACH CRA REVENUE & EXPENDI S REPORT (UNAUDITED) AS OF: MAr 31ST, 2007 PAC 26 DEPARTMENTAL EXPENDITURES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE % OF TOTAL UNENCUMBERED BUDGET ENCUMBERED BALANCE REMAINING OTHER FINANCING USES 01-59999-990 INTERFUND 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 TRANS~R OUT o o 0.00 0.00 0.00 0.00 0.00 TOTAL EXPENDITURES 9,813,000 10,018,000 374,677.56 2,422,465.74 896,655.17 6,698,879.09 66.87 REVENUES OVER/(UNDER) EXPENDITURES ------------ ------------ ------------- ------------- ------------- ------------- ------- ------------ ------------ ------------- ------------- ------------- ------------- ------- o 1,000 270,013.16) 7,616,589.35 896,655.17) ( 6,718,934.18)1,893.42_ v. CONSENT AGENDA: C. Approval of Demolition Bid for CRA Owned Properties '. ~~Y~T8~ eRA East Side-West Side-Seaside Renaissance BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: June 12,2007 AGENDA ITEM: x I Consent Agenda Old Business New Business Public Hearing Other SUBJECT: Approval of Demolition Bid for CRA Owned Properties SUMMARY: During the month of April 2007, the CRA closed on the Russo properties located at 118, 122, 136, 140 & 144 NE 4th Avenue. These five properties will be used in conjunction with the recently purchased Robinson parcel to construct workforce housing units. Additionally, in April 2007, the CRA purchased the Shaffer property located at 208 NE I" Street for future use as a parking lot in the City Hall & Old High School area. Both the Russo and Shaffer properties were purchased with existing small, single family structures on the parcels. Attached are the demolition bid proposals from three companies who bid on the project; Tropical Demolition, Miami Wrecking Company and Frederico Inc. FISCAL IMPACT: Budgeted item in line 51420-228 of the General Fund. RECOMMENDA TlONS: Approval of the Demolition Bid Proposal from Tropical Demolition in the amount of $22,300.00 for the demolition of 118, 122, 136, 140 & 144 NE 4th Avenue and 208 NE 1st Street. ~~~ Mic ael Simon CRA Development Manager " '-- T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board Meetings\07 0612 CRA Board Meeting - June\Demo Bids for Russo & Shaffer Properties.doc - )-7-';"'~--' ,'"'~~.- -)~ __', " .// . , 1(., "",... ~_'J /""jI)(()(/( ~/:~"''''jJi(,.lr(((i11 ) :';0 i"it? ;:/', -, - .r ;')' ,:,i! Jt,;; Ii ~ -;., i, ' if: ,-J ," Date: 4/16/07 This agreement is made bi/tween Tropical Demolition, Inc. (hereinafter referred to as T.D.) with offices as 2760 Pine Lily Lane} Cocoa} Fl. 32926. And: Boynton Beach Community Redevelopment Agency 915 So. Federal Hwy. Boynton BchFl.13435 561-737-3256 atttent: Michael Simon 561-737-3258fax At: 118,122,136.140,& 144 NE 5th Ave. and 208 Ne r'Street. Project location: Boynton Beach Shall be in effict, upon acceptance of this AGREEMENT for T.D. to perform the following described demolition work at the above named project. · Demolish and remove (5)single family home of approx. 1,008 sq ft. (concretefoundation not included)at a cost of$3, 400. 00 each.. We are not responsible for incidental slah or road damage occurring during removal. · Demolish andremove (1) single family home of approx. 1,416 sq.ft. (concretefoundation not included) at a cost of 4,200.00. We are not responsible fOr incidental slab or road damage occurring during removal. · All Ziti/iry disconnects. to be responsibility of owner. EXCL USIONS: Environmental notifications or monitoring,' dewater.ing}' site . . initials,---- , , Y:: Vk p.PR 2 3 2007 1t1()YHhlf~ Bt::ACH l~L,,' restoration; grubbing; saw cutting,' bac/ifill,' compaction; patching and/or repair or adjacent surfaces. Also, excess;.'e personal belongings (i. e. furniture, clothing ete.) remaining at the time of removal shall be lefi behind or removed at a rate of $500.00 per 20 yd of material. 1. Customer shall pay the sum of: $22,300.00 including permit fees. Said sum shall be payable upon completion. 2. All delinquent payments shall bear interest of 1. 5% per month(i8% per annum) from when due. In the event that TD. is required to use an attorney for collection of delinquent payments against its' contract, OWner shall pay reasonable attorney fees incurred 3. All scrap and/or rights of material attached to or contained with the building (s) at the time site inspection for quotation shall upon acceptance of this proposal become the property ofTD. Prices quoted are based Upon an allowance for it and price ac(justment will be made if Owner causes salvage to be removed or it's condition changes between the date of the estimate and the start of work by T D. Upon execution, this proposal becomes a legal and binding contract. Submitted by: Proposal accepted by: Frank Buzzo, Pres. Tropical Demolition, Inc. Signature Print name Page 2 TROPiCAL DEMOLITON iNC. initials _ 03-IO'ZZ-D-X 99.S00110 U-I914' WI' 1001-5301-03 April 9,2007 MIAMI WREC/(ING CO~ Boynton Beach Community Redevelopment Agency , 915 South Federal Highway Boynton Beach, FL 33435 561-737-3256 561-737-3258 .r. '~):J f.1,f h ? J >nii" -- - ~,>,,( Attn: Michael SimonlDevelopment Manager DEMOLITION BID PROPOSAL MWC# 107113 Various Residential Structures Boynton Beach, FL 33435 Scope of Work · Obtain demolition permit · Cut and cap sewer and water · Demolish one story single family residential structure · Remove slab · Remove foundations · Remove driveway, slabs, or walks within property line · Haul away and dispose of debris · Rough grade EXCLUSIONS: asbestos survey; asbestos containing material; AlC freon recovery; pumping Or cleaning tanks or 'eptics; backfill or compaction; tree removal or relocation 118 NE 5th Ave 122 NE 5th Ave 136 NE 5th Ave 140 NE 5th Ave 144 NE 5th Ave 208 NE 1st St $4854.00 $4854.00 $4854.00 $4854.00 $4854.00 $5685.00 If awarded all struCUlres, we will peifarm this work for the SUm of $26,977. 00 Thank you, ~~ Kenneth Chaiken Project Estimator Miami Wrecking Go.. n#~ "<;c' 4540 NW 6TH 7F1IRACE · OAKlANO PAR/(, FL 33309 . 954-492-2117 . FIIX, 950-492-2726 Frederico Inc. 231 NW 18th Ave. DeJrav Beach FL 33444 Date: Monday, ApriJ 16, 2007 ': p ;~, r. !-.,~ g ;-:) Job Call #: 07-04-005-010 G:; To: Boynton Beach Community Redevelopment Agency Michael Simon Phone: 561-737-3256 Fax: 561-737-3258 APR '~,1 ? ","1'7 I f .J al~1 From: Frederico Inc. Tom Frederico Phone: 561-276-5008_ Fax: 561-276-1554 Pages including cover: 3 Subject: NE 5th Ave & NE 1st ST, BOYNTON Michael The following is the demolition proposal for the above referenced address. If you choose to accept our proposal please read it carefully initial the 1st page in both places sign page 2 of the contract and fax it back to Our office. If you choose not to do so, I want to thank you for the oPPortunity to be of service to yOU. If you have any questions please give me a call at the office. Thank You Again, Tom Frederico President 231 N.W. 18th Ave. * De/ray Beach, FL 33444 * (561)-276-5008 * FAX(561)276-1554 Frederico Inc. 07-04-005-010 Michael Simon Boynton Beach Community Redevelopment Agency 915 South Federal Highway Boynton Beach, Fl 33435 Off:561-737-3256 FaX:561-737-3258 4/16/2007 \.~ n:"} :: ; ~ t "'. ~l RE: Demolition at NE 5th Ave & NE 1st ST., BOYNTON, Fl. Dear Michael: As per your request we here by submij the follOlMng bid for the DEMOliTION OF (6) ONE STORY WOOD FRAME SINGLE FAMIl Y HOMES located at the above referenced address. Scope of Work 10 Include: Demolish and remove Building. Slab/Floor and Foundation to I." below grade; Only trees and shrubs necessary to complete demolijion w;ll be removed. remove all adlacent concrete walks and patios; plante... and driveway 10 SidewalklRlghl-ot_Way. S;te w;ll be left In a ROUGH GRADED CONDITION. free of any large demolition debris. Any pjping Iron, plastic or concrete left after rough gradmg other than large fnote.. found below grade are the responslt,;tities of the owner I contractor. The work specified above will be done for....... .......... .................... .............. THE SUM OF $41,740.00 To be added as additional insured add $200.00 to bid Price Salvage or belongings left after obtaIning permit become the property of Frederico Inc. Above Price ;s valid for 30 days unless otherwise noted here. * ASBESTOS SURVEY IS REQUIRED AND ABATEMENT IF REQUIRED BY OTHERS * Initial The above work incfudes Perm;Wng, labor, prOViding water tor demolition. Insurance. equipment and dump tees necessary 10 1mplete the project and Bond, (if required), by others. Initial Trees and any other vegetation not specified above w;ll be removed at an additional cost of $1450.00 per 45 cu. I yd per load, Concrete for $325.00 per load. loads count by Frederk:o's, or by owne.. representative tO'be on S;te while work is being done. A 25% dump fee de_It required at time of mobilization. Owner must provide recorded "notice Of owne,. When Frederico is pennitting. Genera' Contnoctor or Owner "" be responsible for CITY OF BOYNTON BEACH TO 'oca.. & cap sewers, any saw CUlling, saw cutting at street or any other location necessary. protecting or moving any trees I shrubs which may be damaged during the demolition process or removed were required 10 complete the demolijion; any protesslonal services plumbing I electrlcat. Ale etc. Locating any Underground utilities.; PUmping and abandonmenl of any existing septic lank or fuel I oil tanks: Sift Fencing or ci!y I town or county requirements. When Contlactors choose to pem,;t Frederico. tnc. "" assist in obtaining uti... disconnects and release forms as required for perm;Wng. Removal of DRIVEWAYS/sidewalks, vegelalion,......, shrubs outsldelwilhin or a'ong right-ot-ways or prope.... "nes Is not Included but WIll be done when ordered at the above unft prices and a' the owners risk. Damage to driveways or sidewatks which occur while entering ,I....ng or while wort<ing on the Job Is the respo""ibiljty Of the ownedcontra_. If water is not Provided OWned genera' contractor will be -"""'hIe for any claims for damage or complaint's due to dust Page 1 of 2 rr Page 2 of 2 ; L 231 N.W. 18th Ave. * De/ray Beach, FL 33444 * (561)-276-5008 * FAX(561)276-1554 Frederico Inc. 07-04-005-010 Demolition at NE 5th Ave & NE 1st ST, BOYNTON, FL. 4/16/2007 In the even' payment is not made upon completion or as ag...d to at the signIng of this con"'ct and II Is nee....'Y to enlist the services of an Attorney the cost of said Attorney will be added to the cost of the contract plus interest as allowed by law. Initial The worl< specified above will be done for...................... ............. ................ THE SUM OF $41,740.00 Respectfully Submitted, FREDERICO, INC. ~')m Frederico esident AcceDted B~: Title: Date: Print Name START UTILITY DISCONNECTS & PERMITTING: (FILL IN DATE) INITIAL PA YMENT DUE IN FULL UPON COMPLETION OF WORK PLEASE MAKE CHECK PAYABLE TO FREDERICO INC. v. CONSENT AGENDA D. Heart of Boynton Work Program Update (Information Only) , ..~...\ ~~Y~T8~ C lij~ East Side-West Side-Seaside Renaissance BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: June 12,2007 AGENDA ITEM: x I Consent Agenda Old Business New Business Public Hearing Other SUBJECT: Heart of Boynton Work Program Update (Info Only) SUMMARY: CRA staffis proud to present the attached update to the Board regarding the consistent progress being made in the Heart of Boynton. Notwithstanding any significant changes to the CRA FY 07-08 Budget and the financial recoup from the sale of the Ocean Breeze site, staffwill continue to diligently execute the CRA Board's HOB Work Program. FISCAL IMPACT: None. ., RECOMMENDATIONS: None. J ~~:U Planning Director T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board Meetings\0706 12 CRA Board Meeting - June\HOB Work Program Update.doc (J) ... C'G 'tJ C. :) E ~ 0)...... 08 L.N no>. ~ ca L.:E 011;) ~ ~ 0 c:caU o 2 ....0 c: CP ~u. o m "- o 1:: C'G (J) J: ~ > .- ..... (.) <( tn ::s ..... ca ..... t/) Ol U ........ 'C L- o..Ol Ol 00 00 0 ra 0.. .c e e 0.. ~'O a.Ol Olo .c Ol ::a3 o 00 e 0 0- :e~ o co 0..00 ~g 'Oa. Ol ~ ~'O en Ol en 0.. .- ~ 0. 0 LL U 0:: ~ . Ol ~.o en= o .- - 3: o o o o o o o ,..... ~ Ol - Ci5 Ol N Ol ~ m e ra Ol U o - o Ol en co .c e ~ 0. - '0 Ol '0 ~ '0 e "T co o L- Ol .0 E Olo. ~LL 00:: ~o en Ol o 0.. 08 I 00 en .S ~ U co "t '<t '0 Ol en co .c e ~ 0. ~ Ol N Ol ~ m e co Ol U o o - - e Ol U co ~ co en Ol :e Ol 0.. o L- 0. - o Ol en co .c U L- ~ 0. ('II o o o o ,..... '<t en Ol :e Ol 0.. o L- 0.. ,..... e o '0 Ol en o o o o o ci o L{) ..- ~ Ol 0> co :0 E Ol 00 00 <( Ol ~ e Ol > <( .c @ .c - "t M 00 ~ o co co .'0: a.L- ~~~-=.E OUEOlOlL- L- ra en 0...0 0 .~ 0.. L-en- ra ~ 0.. G> '0 Ol.c..Q0>2 eUI~ee ~ co 00 co 'C ..., :::: .!: .c 0.. L-CO~L-'O .EOl~ge N~ ''0 co . -Ci5 '0 '0 a. en en Ol Ol 0 .S a. ~ C 5,.c 0> 0 ~ ._ ._ en o>.c e 5. en-c O~Ol Olo J:L-~'O'03: ~~n:~o) 'OL-~'OOl e Ol co Ol e CO>'L-e~ en ~ 0> 0> ..., CO.o '- L- -' Ol I<- 8'$ 0 CE~'O';. 00> .0 'OJ:oE.c ~('I)5.~~ .2 ::Q L9- 0> 0 OOlN.e3: J: 0.. ..- 0> .S en - o - o o o o o L{) N ~ E ra L- 0> o L- 0. Ol o e ra - en 'en en <( E ~ 0> e 0. - C Ol E Ol > o L- a. E L- ~ .~ ~ C .0 Ol Ol '0 E 'en o Ol J: 0:: "lit &t) o o o o o "t ~ 0. a::: L- Ol - ,!!l C 'E '0 <( o - o o o .c - .~ - u, ~ - C o o <0 en C o :0:; co ,~ a. 0.. co o N '0 Ol - ~ .0 'C - en :0 o o o .c C -0> .~ 'en - Ol Ol'O E C - 0 8'$:0:; :e~ Ol 0 a.- o Ol L- L- a. en .00 U Ol .!!l -0 E '0 U eC01i) 0.8 en >. c- o 'C :0:;.8 .~ ~ 0><( o 0> ~ .S Ol~ .S 0 OJ: 9>0 em 00. ~ L- o 3: - o Ol ~ co > - o *' L{) ..- I ~ L- Ol .c o ...... ........ en - '0 C Ol co .co.. U U co '- _t Cii~ Ol L- ~.E -en ~1i) ~ Ol I .c e en ra C ~'''j' U C co.Q> '0 en a3-g .c ra ~ en Ol 0 ~ - co 0 Ea &~ ra 0.. Ol E 0. co >< Ol o o o o o o ..- ~ - C ra L- C> - C Ol E Ol > o L- a. E >. - 'c ~ E E o o co e en en Ol en E Ol o U .c 0 L- ('1)0.. L{) co o en _ 0 e 0.. '- en '0 '- Ol'O 'O.s :~ ..- '0 .0 ~ 00 en en Ol U .!Be o 0.. '<tg> '0 '- Ol:t:: ~ E .c Ol e 0.. ~ 0. o o o L{) N 00 00 00 ~o L{); M~ - ~ ~'4 It= C 0> e 'en ~ o J: C ra .0 L- ::> g, ~ BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION POST OFFICE BOX 337 · BOYNTON BEACH, FL 33425-0337 . PALM BEACH COUNTY PHONE (561) 752-0303 . FAX (561) 752-0302 To: Vivian Brooks, Planning Director Boynton Beach CRA 915 South Federal Hwy. Boynton Beach, FL 33435 From: Gerone Powell, Interim Executive Director Boynton Beach Faith-Based CDC PO Box 337 Boynton Beach, FL 33425 (561) 752-0303 Date: May 18, 2007, Subject: Homebuyer Workshops for CRA Homeownership Program Attached you will find the following; a. Realizing the American Dream manual which outline the curriculum for the course. b. Agenda, presenters and sing in sheet for the workshops completed in January, February and May of this year. Future workshops will be conducted in the following months July 18th & 19th, September 19th & 20thth October 1 ih & 18th here at the CDC from 6:00pm-9:00pm. '. Homebuyer Education Workshop January 10th Agenda Day 1 Session 1: Getting A Mortgage Loan (Lynn Banks) Key Points: Who Can Get a Mortgage Loan? How Much Will a Lender Loan You Shopping for the Right Lender and Loan Product Session 2: SHIP PROGRAM Brenda Cornelius CRA PROGRAM Gerone Powell Key Points: Welcome Icebreaker Activity Self Introductions SHIP Subsidy Program Session 3: Are You Ready To Buy A Home (Gerone Powell) Key Points: Is owning a Home Right for You? How Do You Buy a Home? How Much Can You Pay For a Home . . January 11 th Agenda Day 2 Session 4: Understanding Your Credit & Managing Your Money. (Christie Hardcastle) Key Points: Developing a spending budget Making Your Sending Plan The Importance of Saving Getting Started with Making a Plan for Your Money How Is Your Credit Rating? What is a Credit Score? Credit Reporting Agencies and Credit Reports Session 5: Shopping for a Home (Harvey Criscuolo) Key Points: Timeline and Steps in the Homebuyer Process Your Homebuying Team Finding Your Dream Session 6: Keeping Your Home (Chris Mitchele City of Boynton Beach) Key Points: Getting to Know Your Home Saving Energy and Money Strategies for avoiding foreclosure Remodeling and Major Repairs " r 1\ "" f.,o;"!,;}. "~it;.. '". ~.'~.( .,1'" 't. '~'-",'~1r_(!1li;..l'.~..tr<.''''.'''J:.'' <( .,~, :!;-: ~~ . ~~::~"f r',~- Sl~jt!~;f_r:~' . r nATE:_J.a.o...J_Q:trlC>'~l I ",". ..."-"}~:~~::--,~ :.:.. ."'. -;..', ',.... ~ , . 3S--I e.. u"'- 4A/ T t /- :;" L Fir;' <:.. '-..If' ~ ll~--..) 011 7/1-/ ff '?/ ,-- I 21,,-,,;>. '":'>Ul I - o..:..Af.,.4 ,~'-.! 15. 16. 17. 18. 19 ''\ /- I ~"'1!.t"~~~"~~.!!':t.~~~-t~~t~~l'!'''''''''~'''''''~-*,,~~';:'$~''''i!'~At~;rA~'..~~#;.Itl~~'~i:~'r",j" <;,;;"i.'ji;<';;~~,,,,,, ~~,l.lJU._~i~~.f'i;;JJI:II..~J.!ll~~~,.i.il)n]lll~..ift.'l~~UJJ!!slUaJ,.;_~,&'i~1Jt"I:.J,,',1 ,.'_ HOMEBUYER E;])UCA TJON WORKSHOIB . SIGN-IN SHEET DATE: JO'C\ tlr~"61 ,..c"'";<t"...>'~'1\<r:.'; 'I;'~,';' , D's, 91JJ.~1:,J71!~mii.; ',"Ii . '. . ~- .) ,'i '. ,'~ ., 1.-: i :'.:, . ',.' ',' . - . . -'.' . . ""--'.--.... --.'- --- ~+t" e.-.-1(~~:;::;;:)----71 Z;:---;"-;;:',).i---Ti~-- ,;;. ! 1'C;~-::J/t-=;--~ --~:.:- . 2. D~{l 3--. \0-5H 4 703' #.s "..-7o~.J 91 11 ->4/- '7 C/J;' 9.:5'2'2.. -. !? oL(f\il f) .... . - ~ ~ 5--f- r~~ I .,~ ~ 5.~ ) I -.J CI.,So ,-....1 k) L I qJ SX, l 6. j. )",.,/~-- tZ.r 1.- 8 i ~ - ,')!rcl/ 6 .5'11. '.~"i if11 , I'-- ~~'Z/J'~I C, It./~ lA"l 'J1 l- . ~: /'"t.;tll1'~ ~/I./ !W<_ ~('" \."(I.G-..~_ '. \ So.;k $......:> ?~~, p.,liJf.... . y ~-\ ~~ lflfl{ Cq,&lf a3'-f~l:. '"t; 'f' ,}.F.ro- J{ '9nYJaV}/a. ' r df - 023j'- Y4"4-"G ITr- ~3d-" 13. 14. 15. 16. 17. 18. 19 20. ~~d'~'-mt~.liAn1.iIII[.;l'!L~~M;~~~".r~~~'t1..!!!I!it.IIi~~.III..~;*.:t~~~~r1!ll~j~1t - . .. - Homebuyer Education Workshop February 21 th Agenda Day 1 Session 1: Getting A Mortgage Loan (Lynn Banks) Key Points: Who Can Get a Mortgage Loan? How Much Will a Lender Loan You Shopping for the Right lender and Loan Product Session 2: SHIP PROGRAM Brenda Cornelius CRA PROGRAM Gerone Powell Key Points: Welcome Icebreaker Activity Self Introductions SHIP Subsidy Program Session 3: Are You Ready To Buy A Home (Gerone Powell) Key Points: Is owning a Home Right for You? How Do You Buy a Home? How Much Can You Pay For a Home rr February 22th Agenda Day 2 Session 4: Understanding Your Credit & Managing Your Money (Christie Hardcastle) Key Points: Developing a spending bUdget Making Your Sending Plan The Importance of Saving Getting Started with Making a Plan for Your Money How Is Your Credit Rating? What is a Credit Score? Credit Reporting Agencies and Credit Reports Session 5: Shopping for a Home (Nancy Phyllis. Century 21) Key Points: Timeline and Steps in the Homebuyer Process Your Homebuying Team Finding Your Dream Session 6: Keeping Your Home (Chris Mitchele City of Boynton Beach) Key Points: Getting to Know Your Home Saving Energy and Money Strategies for avoiding foreclosure Remodeling and Major Repairs rr HOMEBVYER EDUCATION WORKSHOP SIGN-IN SHEpT DATE:pZ D../ lOt I { Customer Name Address Phone - "" j "4 ~ I ~(::>. . ~. 3(070 {1r1C\;< Pio..c ' 1(~70 ~~I- )? S-J? \- S"~6 -~ S(y(- "SOL{ ~ 82&0 7.)4 - ;;L4 tf -I ( (:) C '" .., ~t 1-{03-'i'll2>~J 14. 15. 16. 17. 19 20. HOID~8{n' EH, KtJLJCA TION 'VOIU(J~HOF' mGN..JN SHEET. HATF:: CZ, h::z-, h "7 / I ! Customer Name Addr~ss -l Phone I ~ . . r\llal+tl()J3rufUfctl 3&70 rflOy<: fJo ,q-a \ ~ . Jut - S'o Ct" - 8 ;;;. fa 0 'S'G:1 l - :J'8"b - J 0 ~O ~(.. 703 --q~8~ 12. 'S b/ ~ C;-)"/- / / 15. 16. 17. ''1 .. 19 20. Homebuyer Education Workshop May 16th Agenda Day 1 Session 1: Getting A Mortgage Loan (Debra Ricks) Key Points: Who Can Get a Mortgage Loan? How Much Will a Lender Loan You Shopping for the Right Lender and Loan Product Session 2: SHIP PROGRAM Brenda Cornelius CRA PROGRAM James Horne Key Points: Welcome Icebreaker Activity Self Introductions SHIP Subsidy Program Session 3: Are You Ready To Buy A Home (Debra Ricks) Key Points: Is owning a Home Right for You? How Do You Buy a Home? How Much Can You Pay For a Home , , May 17th Agenda Day 2 Session 4: Understanding Your Credit & Managing Your Money (Debra Ricks) Key Points: Developing a spending budget Making Your Sending Plan The Importance of Saving Getting Started with Making a Plan for Your Money How Is Your Credit Rating? What is a Credit Score? Credit Reporting Agencies and Credit Reports Session 5: Shopping for a Home (Debra Ricks) Key Points: Timeline and Steps in the Homebuyer Process Your Homebuying Team Finding Your Dream Session 6: Keeping Your Home (Chris Mitchele City of Boynton Beach) Key Points: Getting to Know Your Home Saving Energy and Money Strategies for avoiding foreclosure Remodeling and Major Repairs , , HOMEBUYER EDUCATION WORKSHOP SIGN-IN SHEET DATE: May ]6~ 2007 ~ustomer Name Address Phone Fee Paid? " ~iJsS-S- w 'Il1v APt;:;tt./CYj 3'3CJ/t./ ;/ l3oy^~^ e~c.A , Ft... F :5> 11. 12. ~. 13. 14. 15. 16. 17. 18, '. I~ 20. HOMEBUYER EDUCATION WORKSHOP SIGN-IN SHEET DATE: May tl, 2007 Customer Name , ! Address Phone Fee Paid? 9. ~ y .5l~ 10. 11. 12. 13. 14. 15. 16. 17. J 0 '. 19 20. .~~ t .::..::.- :;~\.~..,~~ , ~. -'. ~ , -, 7,,,^,, . I~. ..~ ,. ,ii ~.A :f:J / ..... " , t ~ ':~"r~\ , ~- ~-J.J.~ .j;! ;,~) i?-.1. , "'lit,.,,>,,.\, ~:j. 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'~~",'.'...' ~fl J \ ~/\,' I,~: " ~ """" ',r, ~; I .... .. ,= 'r> ", ~o >, 'j) t- -...f-j-', .4....~ '" t",:,: , " , '0 " ':i4..p 1<: :\r #.... }~ ~) .J'.?'" ~~ ~. \ ,,' ..'1 .t." ;'{. ~. .rJf.-; ".:'~'it;. ,'-l<' .. "1'" ,'I '." .,:1.. .:-;~:~ ~~ ~~~ ," ;. ~~'::. ... , )r ",.j~ I J: ~I-", ~L;:.',/, l 'f.! I - i,\ 1:.' -t:f;;)!~-~i :( ,/ ";f,..'i,.'J""', "I' }! ~ , ! : .;:, ~, >- t'.;...~ - 'u j' ~!~; '_f . 'f~ .,-./ ~ _ ':;';' "~"" :;j. .'. /"; 1\' :(Ii f.or ' . '.,i: ,: ,'",: t~/~ ~;;'.'r' ("'f-t., .,' it r" ;r!f.>~ :hf; :,~ij ;'t' '.:' ~;, ~.' , .i-- f' ~ .,' , "~~1:" ,,~. ~~~: .: ./ ------- , ) J I j f- / .. i t ..) ... I ' i Operation Clean and Green Participant Sign-In Sheet Date: if/2! Name Age Hours Worked ~),. / tTlV:' r q (j TCAJCs()~ K, 9 -- .- -,- Ja'ct,'j 0 A-"'-A, -----' - . _.-- ,-.." -leL. ,- ---. . - - - - --- . -""~'- -. -. -. - ... -.,_. --- .-- - .'- --'.- r2tJ(5 9 L~IAe.,re. J i Le.~iAerr-(. J. /? c..J e . ).l- / A du,j( "" f. /0 []rz;w",- Ju h),' JJiJ 'r-. )tJ Dl{lJtJ "- q / (Y1 LA.r dAIA () " y St'/vr..d t.,.. rU II Durt:~,J- )Q unJ~ (/~ t_1 1 R iA.r ~ UJ f'u;, I ~ .,J JL/ ! I -T,'/V"o.jJ. V r R ) OI.Jcf'VI.tv. PfYl>"l /IJ/JII~"'" J P t.1'l t\ JP.. 01 Ci 7 ~~:~.'-'!".~,;~;~~-~..::~~- -~.,., .,'.'::' ....B~~;~:~-,.4,:~!~:~~~f.:~~~]t'~ .~:~>' {'-"'''''~~:~l~#-'. _;7~::~,;_~__ ':.:~~}-;:' .:1:,__-, '~~"';":o"-'~~,~'r. .'.: .~..:)o!l,'?!!'~rc/~.:'?"D:: ;;'.;.-:n:.~:~, _ /~;::~_':;. ,_, ,Jt: ";.::!~~. . ;-2 Operation cr Date:! ,//11.1/2 L ~A'_ Participant :::;.~nd Green ,/Ir /J-IYVT n Sheet p 'i"."'::: .:::......--. '-;",;"~>';~-;~'::-~_f -,'~-,~/;.:~-:;.<:~ ~,-~-#;'~~..,'.;(;;.;..o ~;i-' . -' ~:,~,:'t!:~~~~ v. CONSENT AGENDA E. Approval of Addendum to Professional Service Agreement with PBS&J JUN-04-2007 14:12 From: Fr-om: To:4098#2419#000#737325 P.2/2 06/04/2D07 11:37 "63 P. 0021004 IIRW~ eRA II Eaot S1da..WutSkle..Soulcle Aanaiaoono;. BOYNTON BEACH CR.j\ AGENDA ITEM STAFF REI-ORT eRA BOARD MEETING OF: June 12,2001 AGENDAlTDfl l X I c..-A_. I 10M'" I I 1'1.......... I . 11l'_1I1~R ".I 0tlIJI 1 StT.8JECT: Approval of Addcmdum 1D Professional Sctvioe AaRemeJ1t With PBS&1 SUMMARY: At the AprlllO, 2001 CRA Board m~ ihe Board ~ved a Pror..."oll81 Servi~ AsreemeDt with PUS&:] to conduct a flIIIBit study as reqDin:d by Palm Beacb. County tor the City's ~o.a ~&cepti0Jl An:. (TCSA). SUbsequQAtly, die ~s ~ Ds;pt. infbtmcd stafl'that the TCM 'JUltifiaation Report had to be 8Dlcded. due to ~ enor. This wUll'lK!uire a chu.se to the COIDIty'Il Comprehensive PIa.. Since PBSIU is ~ worJciD& 0Jl a related iSsue fUr the Agency, staft'~'"e.ads.that ~ CRA JuMMtd the CI021fraot with PBSId' to include the scope of work JIClI'CIfl8t)" to .mCllCl thQ TCEA. lustificadOl1 Report ad Cowny Comptabc:mdve Plan. PB8&1 baa the iu-l1~se capacity to do the ttaftiolJaDd use IIIlIlysis 11CCC8Sary to IIl11cod the TCEA Ju.ti1iOltio.D Report. . The lIttached Addendum is capped at $5,000 of Ia'Vicea. PBSctJ has nMew~ the addendum. and is .In agreemeat with tAe terms. ' FISCAL IMPACT: Up to $S,OOO from Uu item 514401200. RECOMMENDATIONS: Approve the .4ddea.dum to PIOfmBional StlMcea .Agreernant with PBS&.T for.. plUpOSCl8 of &mClEldiDg the TCM J Ultification leport with fee;!, not to exceed $S,OOO. 4fA&<<. Vivian L. Brooks Pll!m1ing Di.reclor ~ ADDENDUM TO PROFESSIONAL SERVICE AGREEMENT This Addendum to Professional Service Agreement (hereinafter referred to as "Addendum") made and entered into this _ day of , 2007, by and between Post, Buckley, Schuh & Jernigan, Inc. (hereinafter referred to as "PBS&J") and the Boynton Beach Community Redevelopment Agency (hereinafter referred to as "Client" or "CRA"). 1. ADDENDUM. The terms of this Addendum are hereby incorporated into the Professional Service Agreement entered into between PBS&J and CRA on or about April 10, 2007 (hereinafter referred to as "Agreement"). In the event of a conflict between this Addendum and the Agreement, the terms of this Addendum shalI control. 2. SCOPE OF SERVICES. Upon the. execution of this Addendum, PBS&J shall proceed with preparing an amendment to the Transportation Concurrency Exception Area Justification Report as an addition to the scope of services outlined in the Agreement. As part of the scope of services, representatives of PBS&J shall attend meetings with the Palm Beach County Engineering Department and related County departments, as well as attend Palm Beach County Board of Commissioners meetings as needed. 3. COMPENSATION. PBS&J shaH be paid on an hourly basis for the scope of services authorized within this Addendum as set forth on Attachment A to the Agreement. The fees for the scope of services described herein shall not exceed Five- Thousand Dollars ($5000.00) unless pre-approved in writing by t~e CRA. 4. EFFECTIVE DATE. This Addendum shall be effective on the date that the last party to sign executes this Addendum. 5. TERM. The term of this Addendum shall be six (6) months from the Effective Date unless otherwise extended in writing by mutual consent of the parties. IN WITNESS WHEREOF, this Addendum is accepted on the date last written below and is subject to the terms and conditions set forth above. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Lisa Bright, Executive Director Date: .. EY, SHUH & JERNIGAN, INe. Print: R dv L. Larson Title: National Service Director Date: ~I .3 I It,) 7 J:\Client DocumentslBoynton Beach CRA124J9-000lAgreements\ADDENDUM TO PROFESSIONAL SERVICE AGREEMENT WITH PBSJ.doc FF 2 VII. Public Hearing: Old Business VII. Public Hearing: New Business VII. Public Hearing: New Business A. Las Ventanas TO: THRU: FROM: DATE: SUBJECT: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 07-048 Chair and Members Community Redevelopment Agency Board Michael W. Ruma0 Planning and Zoning Director Kathleen Zeitler p-- Planner June 5, 2007 Las Ventanas - Abandonment of a Utility Easement (ABAN 07-001) NATURE OF REOUEST Mr. Greg Jacoby of Epoch Properties, Inc., the property owner of the forthcoming Las Ventanas project (formerly known as Uptown Lofts), is requesting to abandon / vacate an existing utility easement (50 feet by 300 feet) located on the portion of the former right-of-way of S.E. 2nd Street extending three-hundred (300) feet south from the south edge of S.E. 12~ Avenue, west of Federal Highway. A portion (50 feet by 300 feet) of public right-of-way on the subject property was previously abandoned by Resolution 02-214 (ABAN 94-004 - Gulfstream Lumber Company). A condition of Resolution 02-214 required the dedication of a 50 foot by 300 foot utility easement. All utilities have been relocated from the easement to other areas on site to accommodate the proposed construction of the Las Ventanas project. The easement is no longer necessary and the City Engineer requires it to be abandoned prior to plat ~pproval. The location map attached as Exhibit "A" shows the general vicinity of the Las Ventanas project at the northwest corner of Federal Highway and Woolbright Road. The attached Exhibit "B" shows the approximate location of the requested abandonment on the site plan for Las Ventanas. The attached Exhibit "C" is a portion of a recent survey of the project site and includes a detailed location of the easement to be abandoned and its legal description. The following is a description of the zoning districts and land uses of the properties that surround the subject property: North - South - East West - BACKGROUND right-of-way for S.E. 12th Avenue; property of the proposed Las Ventanas project, designated Mixed Use (MX) and zoned MU-L (Mixed Use-Low); property of the proposed Las Ventanas development, designated Mixed Use (MX) and zoned MU-L (Mixed Use-Low); property of the proposed Las Ventanas development, designated Mixed Use (MX) and zoned MU-L (Mixed Use-Low). In May of 1925, the Plat of Central Park was approved, which dedicated to the City a 50-foot wide right-of- way named Ronald Street (now known as SE 2nd Street). The segment of this street located south of S.E. Page 2 Memorandum No. Pl 07-048 ABAN 07-001 12th Avenue dead-ended approximately 300 feet from the S.E. 12th Avenue intersection. This portion of Ronald Street (50 feet by 300 feet) was surrounded on three (3) sides by Gulfstream Lumber Company. In 1994, Gulfstream Lumber Company requested abandonment of this segment of right-of-way (ABAN 94- 004). The abandonment was approved on May 2, 1995 by Resolution 02-214, subject to the recording of a utility easement on the entire 300 foot length of right-of-way. Gulfstream Lumber has since sold their property, and the Las Ventanas project (formerly known as Uptown Lofts) has been approved for the site. The approved project is a mid-rise mixed use project with 43,361 square feet of retail space, 404 apartment units, 20 townhouse units, and 70 loft units planned on 14.63 acres. The utility easement to be vacated measures 50 feet in width by 300 feet in length. The subject property and properties located on the south, east and west sides of the easement to be abandoned constitute a part of the proposed Las Ventanas development. All existing utilities within the easement will be relocated within the boundaries of the proposed project, therefore the subject utility easement to be vacated no longer serves a public purpose. Prior to the issuance of building permits for the Las Ventanas project, a replat of the site is required. Prior to acceptance of the final proposed record plat, the City Engineer requires that the utility easement be abandoned due to the relocation of the utilities, and to remove a "cloud" on the proposed development caused by planned construction of proposed buildings on top ofthe utility easement. ANAL YSI!i Pursuant to Chapter 22, Article IV, Section 4, public notice was given, all utility companies have been notified and the request has been advertised in the newspaper. A summary of the responses from the utility companies and city staff is as follows: CITY DEPARTMENTS/DIVISIONS Engineering Public Works/Utilities Planning and Zoning No objection No objection No objection PUBLIC UTILITY COMPANIES Florida Power and Light Bell South Florida Public Utilities Company Cable Company (Comcast) Approval with conditions No objection No objection No objection RECOMMENDATION All utilities have been relocated from the subject property to accommodate the Las Ventanas development, and the utility easement no longer serves a public purpose. Therefore, staff recommends that the request to abandon a utility easement, located on a portion of former S.E. 2nd Street that was abandoned per Resolution 02-214 as described above, be approved subject to the comments included in Exhibit "0" _ Conditions of Approval. Any conditions required by the Community Redevelopment Agency Board and the Commission will be placed in Exhibit "0" - Conditions of Approval. S:IPlannlngISHAREOIWPIPROJECTSIGulfstrllllm LUmberlUptown Lofts at Boynton PlacelASAN 07-lJ011Staff ReportGulfslreamLumberABAN.doc I 'I L Exhibit "A" - Location Map iJ I / ' ~~ $ iJ JJnat@} Hlf II AI:6 7 fI:JJJIJ I /;(j/ /1 IIJJ,J L a 590 295 '0 .. r L~ ~ 7 G ) I ot""l..uL i == . . - J SE 20TH AVE II I I .B20tHh r I till: ~J.l:;J .' II: 590 1,180 I I T - \.. - ( ( , N 2,360 ~ ]FeetWT s ",/0 , - _....-. -'.-. ._--_..-..--- 1,770 ..-----..--. IDI'...... --.. O:\.J~I\C.-\IlCINCIPT\IlOtaH.... ~r t ~ IS_ 1llCl1 IO:Y_ "" ...,..,...e........ .. -- ,- -.---_._'M_,M ..-,.-- ..--.. -- - --__ ._.__ Mo'__ --.._ _ __.______., __ _. __ _ _h_, EXHIBIT 8 ....'" '1f 'I Ii! d : Il! I~II' ~ if I: III Ii ' il',l 1'1 ' ~ :fu /1, ;,-- - . ii!' ... ? ' ,- ~;=-':=:i:=-:-i-'- ':=--=~"'=:::..-=::::==:c-=--:::,~~~~,) I .c' ....~- ..--'" r---...,.---,.-__::::::t::;:>,y' ~--J!~~l!'/I"~I".lf_' "_"_'__.., , , '~ :::';I!~r,,'" f'~~=~;r~:~~~~;~~~;~ I t..1! ' , ~~ ' ___~:.~' : ..,...._.,..--, , lilllll1ljl'I/I'llill'lmll'II~I~I' 111<<IIIIUlfrlllfJ:lfil'~ I I' r f III II i fl'/ II i~I,JI'~1 I I I I ',if 11'1,1,1 ""i ,',' "Jf/f'flflj"~ I....n ir.ft"!ls if! . 1 1111111 1II1,IIIJIII 1-.. s .f If--'f 'Ilf(I'fIlllllll' U W Ifl' 'm r I H f" , Ilrl f " ','I , I ,t 'ill I... Iii i ~It HI!! 1m . .. If!! Ill- I~ l~ 2<1 r(i)' f~ 2 t 1f;1 GULF STREAM LUMBER 80WITCH IR:AtH 'LOft!DA CONCEPTUAL SITE PLAN =:... -:a~. "--n~ CAt' u..~__ .....u Md~,1nc. .... w 51~" Jl..'::....~-:..-:::-:=- ... ...... t"......... "- "",..."" 1 lAC ajlll -.............. u._ ... MIr .... .-.-... ~ . -- -_.. .---- --- ~ \ 5 ITlC , -< --< "'" ~.o r "" cc" ---HIlO ,.,.. r=,.., VJ .:jCD~ :; -<-<~ ~.~~rT1 ~~~ ",-< ",!!) " ~> -<r ;j :: c; Legal Descrintion of Reouested Easement Abandonment o "u)"Tl [IlO-lO ;o[ll>c -~~Z ~r"l"o ZI'Tl r- '=L: [Ill/) " c (,1- Z t1l;;:l )> '1~ r= )> Z o o ~ ",-< ~'tJ ':;2 ,.." rTlCl :::0 x"""" "'" Vl ""0 -< N 5 ~[D~ .".. -l ~g::l ",0 ~ ~~Bi ;:0 U_~;g (") ,,'" p " co '" o.J That part of the right of way for Southeast 2nd Street (fonnerly Ronald Street) as shown on the plat of Central Park, according to the plat thereof recorded in Plat Book 12, Page 12 of the Public Records of Palm Beach County, Florida, described as follows: AREA OF REQUESTED EASEMENT ABANDONMENT ~ ... lD ,., ~ "l ~ Begin at the northwest corner of lot 20 of said Plat of Central Park; thence S. 0.54' 40" E., along the west line oflo18 20, 21, 22, and 23,300.00 feet to the southwest corner of said lot 23; then N. 90 . 00' 00" W., 50.00 feet to the southeast corner of lot 24; thence N. 0 . 54' 40" W., along the east line of lots 24, 25, 26, 27, 28, and 29, 300 feet to the northeast corner of said lot 29; thence N. 90.00' 00" E., 50.00 feet to the point of beginning. 26..00'(0) 66.00'(0) " , \ , 'U g :l> ;u 0 ~c c 0 ,." q r- '8 ~ N '- I I ~I ~I ~I oS, I J I z(j I !!l~ I go I ~>l r ~2' iT OF' WAY IJNE -t -, ~ '" in q ~E :., ~ ~ Vl is "" ~ '" o 2 r Z "" CLl~"Tl U'lO.1"'1 /TlUl.....,Z Vl' () 00- I\J IT! -<f!! . ~~~ ~,.., ~tD"'O :r:~ ll..... ~ ~~ 5~C: Vl n z.CIJ () ~~ ~~~ -0 0 C "'-< 0-< '" ,.., > Ul "" ;:: ,.., ::; 1:) :l> ;u (") ,." r- -+>- 'c;;. en o q ~ g ....... ;;:; ~ [Il :r U " " " ~~~:;~~ OCXJ~!'J-'c.n ~.,.._-.tO.fl... uib"l"':.ix>.,. UlQ3 lH. t.i - . '" . ~ 1- I --4.. _ DRIGlN~~ WESTERLY RIGHT 10; WAY UNE ~ " ,k r (FEDERAL ~TMENT OF MAP SECTJ it e NO "!. 01-1 o f'1 ;:;;p ---- ." '" 2 " '" C) c: f"l!/}--< !J'a;~ q~-~ o :0 @o.~ ;:o[ll)> -;:0;;:; fTI;:;;"tJ ZZI'Tl r- 0 [Ill/) c (..- 0I;;j '1;:0 ----'" r v: 1"10", "'0'" "'0:0 ""0", 1"10", x",,.., XI"1,.., x",,,, x,.., 1"1 x",,,, ()'" Vl "1"1 Vl (),.., Ul ",.., Vl ()1"1", r- ~O ~ "'0 -< "'0 -< ""0 -I ~O;;j ~ 0 ~~ ~ r-" :0 " '" tJiO:!~() N O::!CDr; "" r :=I~() N r =,CD 0 -i ~~ 6 -i ~~ g ~ -i~~g co 8 ~o B ill 8 g~g Z Ql Ulf! ~~Bi ~.t>.~ ~~c7i "2 "U ~~ ti '" ~~V) ~ ' <: LH.~ ;:R V1~ " t..J.~;;: fT VI.~ ;g )> "'"CD'1J ~~ ,.., ;U . '" ~ ,,'" ,,:0 ,,'" ,,'" 0 -,'" o.Jr- C) " C) ", C) ," <;) r . '" in '" '" ... r"l en '" en en (X) !:i ... ... ... RONALD STREET RONALD STREET (SE 2ND STREE VACA TED 50' WIDE RIGHT Of WAY 50' \\lDE UTILITY EASEMENT PER ORB 15721, PAGE 820 & ORB 15721. PAGE 82 EXCEPTION 32 Vl!!) '0 en'" ,,::: .> Or ." '" o. " <: VJ-< o;~ , () o:r '0 '" fTI"'Uo;o tTI"'Oo;o XC')!"'1 xC>lT1/Tl () 1'TlU) n r"1VJ ra~CJ~ g~D~ ~.f:>.gJn 6~~g l'05 ~ 05 Nr-Z ~o f'\.) --l __ ^:z -' o~ z (;l ~ (I) -1(..J ~ III l..o.I~"t) ~ .~~ .~ ::u N r- RES1RICTIONS PER o 0 DEED BOOK 426, PG 364 ---I EXCEPTION #33 RES1RICTIONS PER DEED BOOK 426. PC 364 EXCEPTION #33 1:) )> ;U (") ,." r- ~r- <00 ---I Ul 6 '" <./ ~ Ol r !" " .....0 Ql 2 ~C .......iii --0 )> ~ CENTRAL ,." r- --, ~Z"Tl I ~og Ul ,I ~6~ g ~--~ '- ;---- I\) . co 2" , 1"1 02 ." '-(1"1 .U) U) 2>ITI >~-! r-'lI~ lIla~ ~ ii ~ ('") ~aM OJ ~~ Z-a-.,zfT1 o~gl"1 - 'Z 0;ij0 o "U)"TJ E N T R ALP A ~g > g '" . . P L A T BOO K -~~Z !: !Z'2" 0 in (J) ,,__ !ii(/)a~~ g~~~ Z "0 "~~'" lHS Q).8 ~~o ~ ~ Q) mi ;: g r- U1~ g"'"'~o:;o ~ 5 ~a2 ~z 0 (,I.::tJ ii Z 05-1(,1 Ol -I ZITI 'lI0 -I ('") "z """ - Z r"l ~ .~~"'5~ U1!ii~ 03 .. '" r"l t;:~ t1l '1::tJ ~ ('") '" HIGHWAY STATE ROAD TRANSPORTATION ON NO. g~n'n ..__ PAR K o "(/)"Tl arO-to ;:olD)> C r- ~~~~~ Zr"l ~ r- 0'U1 [Il~ '" <./- " t1l;;j _ ~::tJ ~ ""'''0 :::tI XC)r"l1TJ " '" '" I'Tlt..lO'"""'l "'" ;;0 =:11.0000 ~ ~5 ~ .~ LM ?~ ;;0 RESTRICTIONS PER DEED BOOK 426. PC 364 EXCEPTION #33 _ r- (X) 8 RES1RICTIONS PER (X) DEED BOOK 426, PG 364 ;.!l/) ~ EXCEPllON #33 :r>-t )>~(11 !iiOfTI';i;-- r- ...... 0 0> ---I z(j (/)c -Z ~O ::e . l>X ~ " () C -I L6 r- <00 ---I r- (X) 0 -I r- '-'0 R K --< 1 2 P A G E 1 2 I1J g :i! ", '" r- -< '" ~ -< ~ ~ -< r- Z ,.., r-' 010 --< r- r- NO -0 --I --< ;:0 ('") ;ij o ~ ---- NO. R J G H T 5) J EXHIBIT "D" Conditions of Approval Project name: Las Ventanas File number: ABAN 07-001 Reference: r DEPARTMENTS I INCLUDE ] REJECT I PUBLIC WORKS- Solid Waste Comments: None X PUBLIC WORKS - Forestry & Grounds Comments: None X PUBLIC WORKS- Traffic Comments: None X PRIVATE UTILITIES Comments: 1. Florida Power & Light has no objection to the abandonment contingent X upon the following conditions: a. Additional easements must be granted to FPL for any and all proposed FPL facilities necessary to service any and all future construction requiring electrical service at abandoned site. b. All easements where FPL facilities exist are not considered abandoned until said facilities are de-energized, relocated and/or removed. c. Any and all cost resulting in the relocation or removal of FPL facilities due to said abandonment are paid by the customer and/or property owner and/or requesting party. FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X T BUILDING DIVISION Comments: None X Conditions of Approval 2 Las Ventanas ,- DEPARTMENTS i INCLUDE J REJECT ] PARKS AND RECREATION Comments: None X FORESTERlENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 1. To be determined. X ADDITIONAL CITY COMMISSION CONDITIONS Comments: l I r 1. To be determined. j S:\Planning\SHARED\WP\PROJECTS\Gulfstream LumberlUptown Lofts at Boynton PlacelABAN 07-001\Condition of Approval Las Ventanas.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Las Ventanas APPLICANT'S AGENT: Epoch Properties, Inc. APPLICANT'S ADDRESS: 359 Carolina Avenue, Winter Park, Florida 32789 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 3,2007 TYPE OF RELIEF SOUGHT: Request to abandon a fifty (50) foot wide utility easement located adjacent to Lots 20-23 to the east, and Lots 24-29 to the west, Plat of Central Park LOCATION OF PROPERTY: Northwest corner of Federal Highway and Woolbright Road, south of Southeast 12th Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the pUblic finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "0" 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\WP\PROJECTS\Gulfstream Lumber\Uptown Lofts at Boynton PJacelABAN 07-001IDO.doc VII. Public Hearing: New Business B. Palm Cove DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSION MEMORANDUM NO. PZ 07-053 TO: Chair and Members Community Redevelopment Agency Board Michael Rumpf\ ~ Director of Planning and Zoning Gabriel Wuebben /J..w{ ~ Planner fA( '- THRU: FROM: DATE: May 30, 2007 PROJECT: Palm Cove (aka Miller Road Project) / SPTE 07-008 REQUEST: Site Plan lime Extension PROJECT DESCRIPTION Property Owner: Multiple Owners (see file) Applicant / Agent: Bonnie Miskel of Siegel, Lipman, Duanay, Shepard, and Miskel, LLP Location: East side of Old Dixie Highway, approximately 1,250 feet south of the intersection of Old Dixie Highway and Federal Highway (Location Map - Exhibit "A If) Existing Land Use/ Zoning: Special High Density Residential (SHDR) / Planned Unit Development (PUD) Proposed Land Use/Zoning: No change proposed Proposed Uses: Request a site plan time extension approval for a residential project consisting of 121 fee-simple townhouse units on :t7.402 acres. Acreage: :t7.402 acres Adjacent Uses: North: Northwest are developed single-family lots located in unincorporated Palm Beach County with a Medium Residential (County MR-5) land use classification and zoned Multi-family Residential (County RM). Northeast is property earmarked for townhouses (Oceanside), with a Special High Density Residential (SHDR) land use classification and zoned Infill Planned Unit Development (IPUD); South: Southwest is partially developed property with a General Commercial (GC) land use classification and zoned General Commercial (C-4). Southeast is earmarked for townhouses (Bayfront), with a Special High Density Residential (SHDR) land use classification and zoned Infill Planned Unit Development (IPUD); East: Right-of-way for Federal Highway, then farther east is property earmarked for townhouses (Waterside), with a Special High Density Residential (SHDR) land Page 2 Memorandum No. PZ 07-053 use classification and zoned Infill Planned Unit Development (IPUD); and West: Right-of-way for Old Dixie Highway, then farther west is right-of-way Jor the Florida East Coast (FEe) railroad. BACKGROUND Ms. Bonnie Miskel, agent for the property owners, is requesting a one (1)-year time extension for the Palm Cove Site Plan (NWSP 05-031) which was approved by the City Commission on January 3,2006. The Planned Unit Development site plan approval is valid for eighteen (18) months from the date of approval, unless a building permit has been issued or a time extension applied for. If this request for extensions were approved, the expiration date of this site plan, including concurrency certification would be extended to July 3, 2008. According to the original site plan staff report, Palm Cove was approved for 121 fee-simple townhouse units on :t7.402 acres, on the west side of Federal Highway, approximately 1,250 feet south of the intersection of Old Dixie Highway and Federal Highway. ANALYSIS According to Chapter 4, Section 5 of the Land Development Regulations, the applicant shall have eighteen (18) months 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 May 7, 2007, approximately two (2) months prior to the expiration of the site plan. According to the time extension application, Ms. Miskel acknowledges that very little has been accomplished to move the project forward due to the residential market's slowdown in 2006, which has limited the feasibility of continuing with the project at this time. The applicant has not been able to secure financing; consequently, the developer is working to modify the plan to make the project economically feasible to build and sell. A more formal criterion for evaluating requests for time extensions is compliance with concurrency requirements. The Palm Beach County Traffic Division determined that the proposed residential project is located within the designated Coastal Residential Exception Areas of the county and therefore exempt from concurrency analysis. However, traffic concurrency was approved with a buildout date of 2007. the applicant will be required to submit an updated traffic concurrency determination letter if this is not accomplished. This condition, as well as all other original conditions of approval, will remain applicable to the site plan approval should this time extension be granted. Lastly, no major alterations in the City's zoning regulations have occurred since Site Plan approval for this project that would significantly affect the original approval. RECOMMENDATION Staff recommends approval of this request for a one (1) year time extension of the site plan (NWSP 05-031). If this request for extension were approved, the expiration date of site plan approval would be extended to July 3, 2008. All conditions from the original approval must still be satisfactorily addressed during the building permit process. S:\Planning\SHARED\WP\PROJECTS\Palm Cove (aka Miller Rd Project)\SPTE 07-008\Palm Cove SPTE Staff Report.doc Exhibit "A" - Site Location Map Palm Cove R3 . t'- I I: !i /J . ~,_......' ,.1. _~__"., ..,......_,..._~_ - NIC- ..',,- ' i) ; J.L._____....___L_.___. ...,,- N . o 105 210 I 420 630 840 I Feet N w.' 5 EXHIBIT B SIEGEL. LIPMAN. 0 UNAY, SHEPARD 0' M ISKEL, LLP GARY S. DUNAY KENNETH W. LIPMAN BONNIE MISKEL JONATHAN L. SHEPARD CARL E. SIEGEL THE PLAZA' SUITE BO' 5355 TOWN CENTER ROAD BOCA RATON, FLORIDA 33486 (561) 366-7700 FAX: (561) 366-9274 WWW.SLDSMLAW.COM LINDA B, LYMAN May 7, 2007 no ~ rc~ ru [1 \Vi U, i""' WI MAY -12007 Jl~,' L PLr\NNiNG f.NfJ ZONING Q.E~__ Mike Rumpf, Director Planning & Zoning City of Boynton Beach P.O. Box 310 Boynton Beach, Florida, 33425-0310 RE: Time extension for Palm Cove ("Project") Dear Mr. Rumpf: The purpose of this letter is to request a time extension for the approved Palm Cove project (NWSP # 05-031) located on Dixie Highway. This project was originally approved on January 3,2006 and will expire on July 3, 2007. We respectfully request an extension of one year to July 3, 2008. As you know the recent activities of the residential market have been on the downturn. The applicant has not made much progress on the construction of the proposed project due to the excessive financial costs of the land that was purchased for the development of the property; at that time, the applicant believed the land cost would be recouped by the sale of the residential units. However with the recent lack of interest in the residential market the applicant was not able to receive financial backing from a financial institution. The time extension is necessary for the applicant/developer to research potential alternatives to the approved uses. The applicant is currently reviewing various site plan alternatives that will potentially involve a mix of uses. We look forward to working with City staff 10 determine the best uses that would add to the character of the City as weU . as provide for any additional uses or services that are in need for the area surrounding the subject site. Again, we respectfully request favorable consideration of this request. If you have any questions or concerns regarding this letter, please do not hesitate to contact me at(561) 237-1537. SIEGEL LIPMAN D ' . UNAY, SHEPARD & MISKEL. LLP Sincerely, 8unmd :! ~ Bonnie L. Miskel, Esq. LAUREN LENDING LAND PLANNER Siegel, Lipman, Dunay, Shepard, & Miskel, LLP 5355 TOWN CENTER ROAD #801 80CA RATON. FLORIDA 33486 lauren@sldsmlaw.com (561l 506-9008 CELL (561l 366-7700 OFFICE ~6~e.9274 FAX <::: /J -r-.c:- /"),.., /I"" EXHIBIT "e" Conditions of Approval Project name: Palm Cove File number: SPTE 07-008 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 I DEPARTMENTS I INCLUDE I REJECT I 2. An updated traffic concurrency determination letter will be required if building permits are not issued prior to the end of 2007. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: To be determined. ADDITIONAL CITY COMMISSION CONDITIONS Comments: I I I To be determined. I S;\PlanningISHARED\WPIPROJECTS\Palm Cove (aka Miller Rd Project)\SPTE 07-008\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: APPLICANT'S AGENT: Palm Cove Bonnie Miskel APPLICANT'S ADDRESS: 5355 Town Center Dr., Suite 801 Boca Raton, FL 33486 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 3,2007 TYPE OF RELIEF SOUGHT: Request a site plan time extension approval for a residential project consisting of 121 fee-simple townhouse units on :t7.402. LOCATION OF PROPERTY: West side of Federal Highway, approximately 1,250 feet south of the intersection of Old Dixie Highway and Federal Highway. THIS MA ITER 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\Palm Cove (aka Miller Rd Project)\SPTE 07-008\DO.doc VII. Public Hearing: New Business A. Las Ventanas PLEASE SEE ATTACHED ENVELOPE FOR SUPPORT MATERIAL , VII. Public Hearing: New Business B. Palm Cove PLEASE SEE ATTACHED ENVELOPE FOR SUPPORT MATERIAL VII. Public Hearing: New Business C. Land Development Regulation Rewrite PLEASE SEE ATTACHED ENVELOPE FOR SUPPORT MATERIAL ((.7 ~ r r- TO: FROM: DATE: RE: DEP ARTMENT OF DEVELOPMENT Memorandum PZ 07-055 Chairman and Members, Community Redevelopment Agency Board & Planning and D~v~l~m;nt Board Michael Rump~ Planning & Zoning Director June 7, 2007 LDR Rewrite - Group 2 - Zoning Districts & Overlay Zones (CDRV 07-004) INTRODUCTION Accompanying this cover report is the next deliverable in a series of draft sections of the proposed LDR rewrite - Zoning Districts and Overlay Zones, corresponding regulations and General Provisions. This deliverable represents the remainder of Group 2, which is following the Zoning Use Matrix that was previously circulated for review. This section is to ultimately represent Chapter 3 of the new Land Development Regulations (see attachment). Proposed Chapter 3 is being organized into the following Articles: Article I. Overview; Article II. General Provisions; Article III. Zoning Districts & Overlay Zones; and Article IV. Use Regulations. This new chapter represents a rewrite and replacement of those portions of the current regulations within Part 3, Chapter 2. Zoning, Sections 1 through 8.5, 11.1, 11.2, and Chapter 2.5. It should be clarified that Article V. Supplemental Regulations, of the proposed rewrite, is within Chapter 3; however, it is scheduled for analysis and reformatting as part of Group #5 (to be circulated for review this Fall). Article V will contain sections on accessory structures, swimming pools, sidewalk cafes, and non-conforming lots, to name a few. 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(1) <: (1) .g S (1) ;:I ...... ~ (l) ~ [ o' ::I :::0 (l) ~ ::3. ...... (1) I ~ .g IV Land Development Regulation Rewrite-Group 2 Page 3 Objective #4: Staff continues to acknowledge current priorities and issues that surface while rewriting the Land Development Regulations. For example, as accommodated in the Zoning Use Matrix, a Mobile Home Park Planned District, and the corresponding restrictions, are proposed to further the City's affordable housing initiative. Existing, and future issues that arise, will also continue to be considered in the rewrite project for review by the public, adVisory boards and Commission. It should be noted that there are other potential regulatory provisions excluded from the rewrite to date, that may address current needs or initiatives in the city, and/or are being implemented in other jurisdictions. Two examples include regulations to accommodate Transit Oriented Developments (TODs) and "cottage" districts. Staff will continue to research these provisions and propose warranted additions within subsequent deliverables or prior to adoption, OTHER NOTEWORTHY CHANGES In addition to the attributes described above, other improvements are described as follows: · The addition of the Future Land Use classifications in the descriptions of the respective zoning districts; · Consistent and simple formatting established for each zoning district section limited to the most applicable regulations. requested by the public and other users of the code; · Rewritten and updated "Intent and Purpose" sections for greater basis and legal foundation for the zoning regulations; · The reorganization and logical grouping of all original districts with the relatively new planned development and mixed-use districts; · Necessary editing that clarifies and minimizes descriptions of administrative processes, and added references to the appropriate locations in Chapter 2 where the descriptions for land development processes are to be consolidated; · Revisions to the description of the Martin Luther King Jr. Boulevard Overlay District that facilitates the proper recognition of, and transition to the applicable mixed-use district; · Added narratives that provide the necessary distinction between suburban and urban mixed-use zoning districts; · The renaming of the performance standards and other revisions needed to apply the standards to uses within all zoning districts, as well as to uses subsequently considered for incorporation into the zoning regulations; · The binding of the parallel requirements of the Comprehensive Plan and Zoning Code (i.e. through the use of appropriate wording when describing maximum density or floor-area-ratio); and · Consistent use of cross-references to provide beneficial guidance and connection to related processes and sections in the code. s~> ~ 0 0""'"1:1 0000 "'dt"'" Q. ~ ::+ e,'< ~ ~I cro ~ o 10 ~ " 5 (') ;:l ~.... """l (1) 0.. Jr S ~ (1) 0 >-t -I:>-tJ ::I (l) (') n 00 (') (1) ell (1) (l) 0 0 0 <: ~~ l~Q~~ (1) - 0 '"1:1 9 ~ .... 0 g 3 ~ 00 r:; 0.. g e ~,"t:l 00 ~ ell g' g ~ ~ 0 - "1:1 ~ ~ . ~ ~ (1) "1:1 8.~6'~ ~ 13 - ~ '"1:1 0"" '< (l) e 5 a(l)g.tP'Z -. ;>:l 0 (') .... ~ 0 t::I ::I ;>:l (l);:I ~ > ~ '" ~. 00 (') 0Cl 0.. S'.a ~ 00 ~ (l) '" ~. N qqo~~O 0 ...... 0 >-to..0..2 (1) Y' e I N (1) (') n Q 0 0.. 0 0 0 0 ~ ~. ~ ~. '6 {j g tv '" ......a~ ... !::. Q ::r 00 .... (1) '"1:1 0 0 >-t ::I c 0..01:\) "" N 0"t:S"t:l ... (') 0 '"1:1 .g S 00 >-t 0 (l) 0 ::1 (1) 0.. <: N ::I 0"" (1) 0 ...... '< g: ::l 0...... . :r <JQ >-t ::r" 00 0 (1) tii. ~tPEr g ::r"oll' <> a~~ 1Z P.o ~ 0.. 0 ~ -oo>-+' (1) _ <JQ CP~g- C s; - >-t 0.. >-t 0 ~ ~ S ::l '" 9' -'"1:1 r::t. >-t ~ ';-' 3 0 ...... ~ ~ S' en 0.. (JO LDR REWRITE GROUP #2 CHAPTER 3. ZONING Article I. Article II. Article III. Article IV. Article V. * Overview General Provisions Zoning Districts and Overlay Zones Use Regulations Supplemental Regulations (Enclosed) (Enclosed) (Enclosed) (Enclosed) * (Excluded) * * ** Excludes previously reviewed portions (Use Matrix, Notes and Restrictions) Article V is included within Group #5 of the LDR rewrite project. CHAPTER 3. Article I. Article II. Article m. Article IV. Article V. Seetiofl 1. Seetiofl 2, Sectiofl 3. Seetiofl <1. Seetiofl 5. Seetion 6. Section 7. Seetiofl 8. Seetion 8.5 Seetiofl 9. Seetiofl 10. Seetiofl 11. Seetion 11.1. Seetion 11.2. Seetion 11.3. Seetion 12. Seetion 13. Seetion 14. Section 15. Seetion 16. Seetion 17 June 5, 2007 ZONING ZONING CHAPTER 2 ZONING Overview General Provisions Zoning Districts and Overlay Zones Use Regulations Supplemental Regulations Definitions of terms. Seope aDd aathority of the zoning regulations. Regulations aRd map. Gefleml provisions. Residential distriet regulations aRa use provisions. Commereial distriet regulations aRe ase provisions. Planned industrial de'lelopmeflt distriet. M 1 industrial distriet regulations and use provisions. OTlerlay zones .^..dministratiofl afta enforeem.ent. Reserved. Sl:lpplem.ootal regulations. Noneoflforming l:1:ses and stmotares. Conditionallises. Environmental revie'N permits. InterpretatioB 8fl:d p'lHpose. Existing 1:l1illcheae line ratified and eonfirm.ed. Bl:l1khead line; permit required for land filliFlg. Confliet of interest. Bed aRa breakfast. Sidewalk Cafe. ARTICLE I. OVERVIEW Section 1. Use of Terms. DefiBitions ofterms GENER.l\.L DEFINITIONS. All words used in the present tense shall include the future tense; All words in the singular number shall include the plural number; and all words in the plural number shall include the singular number unless specifically indicated the natural eonstruction indieates otherwise; the words "used for" shall include the meaning "designed for," the word structure shall include the word "building," the word "lot" shall include the words "plot and tract," and the word "shall" is mandatory. Section 2. Scope. A. SCOPE. The purpose of these regulations is to promote the physical and economic development of the City. and foster the use and enloyment of property in a 1 ...... :: ::l (l) V1 N o o -..J N t:O ~ 0 g8.8i g. s 8. ~ ~ e. 'TJ <.< N o~o ;j. (') S. 0.. .... ;:I ~ ...... (JQ ~ a s ~,g st~ (1) ..... ::~ 0(1) 8i~ (')'E.. [~ N~ o Q ,..., :: S. ::r ~ ~ 00' :::o::::r6 (1) (1) .-+ ~ ::;. 0 -::r::-' ~. ~ ~ o (1) ~ ;:I 0 - oo? e ~ 00 o' st~~ ("0 =f"'+ (')0""0 .... 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S 10" S 00 ~ ~ 00 >-t 8. r ~ rJJ -< 18 ~ S S ~. ~. i- :> ~ a ~ a ~ 1 r6 ~. ~. ~ ~ [ ~. g' [~ e ;:I '"1:1 ::;t, g S':> g- ~ !]. ~ S' ~ 8". ~ e; S' 0 t g: ~ a g ~ (JQ (l) "'t:l ~ ;:I ~ ~ 5' ~ >-t ~ ~ & ,..., (l) a ~. ~ ~ g -~ 00' g; s: g- c:. 5' ~ ~ g- fg. e: :::. & 0.. (1) >-t i. ~ ..... 0.. ;::r 0Cl rJJ rJJ ;::I.. 00 .... ;:I ~ '"1:1 _ ...' (1) ~. ~ ~ (l) (1) ~ s ~ ~ ~ ~ 0Cl ~ 0 1JoJ;:I ~ "0 0.. 00 ;:I ~. CD ::3. ~ a 00 ~ (') ~ ~ ~ g - >-t 0 ~ ~. ~ ~ g. ..... ~ 0'='">;:I (l) Pl 0 ~ a ~ ~. ~ st ~ -< 0 ~ ~ E; o' 8. >-t S' o ......::3. 00 0.. 0 ...' (1) ~ 0 ....., >-t ~ (l)? ~ (JQ >-t ~~. ~ ::l 0.. >-t (') ..., '< (') rJJ (') (1) ..... >-t ::::.;:l ~ '-' ~. 5' '"I:I.a & "0 ~ go..o 0 00 (l) >-t (l) 00 0Cl 0.. ~ ~ (JQ (l) 0 a ::; ~. :!.. ~ e;.._...... ,.......... ~ OON>-t (l)......'='"> oo"OoodClNI:\)2.....'.1~ S 0 (l) 9- - ll' 0 0 ~ ~ ~ (l) (1);:1 ;;:""'::::;- ~;:IOO ~ OO"">-trn~-(') 00.. ~.~... ...... ...... O::;t. :::-: (l)::::S e 0 0"" (') e: 0 r::t. o' ;:I :4 00 (1) 00 ~ 5': 0.. ....' ~ ....., 0"" 0 r::t. ;:I ....., 0 ;:I (JO ...... a rn (l) e: (1) 00 ~ g it 0- s. ~ .~ 0Cl _ ;:I ~. >-t 0 t=. 0 ::l;:l ~ ;:I ~. ~ ...... ~ ~ - ...... IJoJ (l) ~ e; ~ sa ~....., ~ (JO 0.. 0... ~ ~ rn :::-: ::;. ~ ::r 0 [f' ~;:I 0.. S ::r "0 st 0 ~ 2. ~ ~ 0.. st ~ H 8 (1) ~ ~ S" ~ 0... ~>-t;:l ~0..;:I o.._o~rn>-t::l~S (1)(')~,..., ~ o' ~ ~ 1(1) 0.. 0.. 00' ~ ~ st ...... ~ ~ ~ ~ ::s S' ~ (1) ~ ::r >-t ::s S a:: s. ~ ~ q st ~ S' ~ S 0.. ~ ~ 8. t:O (') ~ 0 W (1) 000(1)(1)- 0.. e(1)(1)(JOo~O~(')~(1)::r'~.....,(1)[ st ::r 0... rn 0.. ;:I .... ~ "'1 ~ "0 '< ...... ...... r::t. ::l ~ 0. >-t n ~ ~ ~. ~ 5' g- Jg'~ 1!6 ~ 8. 9 ~ Q Jg'~ ~. p. ~ ~ a ~ o z ..... z C"1 ZONING A. Adoption. OFFICL^..L ZONING MAP. 1. ~\doption. The district boundaries hereinafter set forth and delineated on the official zoning map, including all explanatory matter thereon, are is hereby adopted, The official zoning map shall be maintained as a digital format GIS document. The most recent version of the official zoning map shall be kept on file, in printed form, in the office of the City Clerk. B. Updates 2. Updates. The City Commission may amend the official zoning map from time to time by ordinance. The official zoning map shall be notated to list all revision dates and Ordinance numbers. C. Establishment of Zonin2 Districts. 3. Establishm.oot of zoning districts: The City of Boynton Beach is hereby divided into zoning districts as follows and as delineated on the official zoning map which, together with all explanatory matter thereon, is hereby declared a part of the official zoning regulations: p~ 1 .L~AAJ.A.. Single family residential distriot R-l-AAB Single-family Residential residential district R-l-AA Single-family Residential residential district R-l-A Single-family Residential residential district R-l Single-family Residential residential district R-2 Single-and two-family Residential residential district R-3 Multi-family Residential district Multiple family residential distriet IPUD Infill Planned Unit Development district PUD Planned Unit Development district MHPD Mobile Home Planned Development district C-l district Office and Professional Commercial professional C-2 Neighborhood Commercial oommeroial district C-3 Community Commercial commeroial district 3 June 5, 2007 '-< 5 (1) Vl tv o o -.) I~ I~ I~ 18 It ~ ~ ~ ~ I~ 0..""0 n n 00' n ttl I C C C C ..J::>. I I I I g. tJ tJ ::r:: l' l' l' (') w N - 9 go @ S' 1:-" N Q (1) ~ ~ e. ~ n-(') ...... .... s:>l (') = N (1) ...... ...... 0 ~~ o~i ~ ~ ""0 ""0 S' ~ ~ ~ ~ r./) ""0 n a 0 -- ;:Ig-=- & - & - .j;:.. .... (1) g g. .... ...... .... ...... ~ g (1) Z 0\ Y';:I = fI.l g - ;>< ;>< ;>< ;>< ~ s q ;:I ..... w I~ (') = ct (1) .... 00 (1) (1) (1) (1) ~ z o (1) .... e (") (l) 8". 0.. 0.. 0.. 0.. d- (1) a e. ~ .-+, o..~~ f') C 0.. C C C C ~ 0.. .... ..... e. ttl "Tj ~.... 0 00 S' 00 00 00 00 n - "=' go = ;:I ~ 0.. (1) (1) (1) (1) ~ n ~ 0 o "0 Q 0.. go ...... I I I I 0 00 S ::L ~ go = (l) 00 ::r:: l' r l' ...... .... .....' ~ ::l 00 00 8". .... 0 0 ;>< i3 0.. (') (1) = 8". 0.. 8". 00 ~ ~ ~ (1) (1) s:>l ~ ~ ...... (') ::r 0.. 00 ~ r./) 0"" "0 00 e. ...... 00 = (') g, S' S' S' I ~ ...... CD >-t ., ..... - c ( (') ;:I .... a~"O~ .... (') tJ ...... ...... ...... ...... 00 (') e. ('D g g g ...... - (1) (l) (l) e. >-t .... .." (t ~ ~ ~. <: ;:I 00 00 00 0.. I (l) ~. ...... .... .... ...' Y' 0.. (j)' g - ...... ...... ...... ...... 00 tJ 0 <<: 8". (') .... 00 0.. w N - ~ 0.. ::r~ 0 0 S .... (') ...... ~~~.-+, 00 0.. 0.. 0.. ...... (l) 00 g g. .....' .... .... - ...... 00 00 00 0 ::!, (JQ ...... 0 go g. g. g, (1) (') ..., (1) ...... (') (') rJl ~ 10"" 00 0.. - (') (') (') i3 - ...... ...... ...... ..... g 0.. S _ 0 (1) 00 ..... (1) go 0 g. 00 ~ ...... ...... <<:'"1:1 goal (') ::!, >-t ..... t (') 0" 0 (1) (') - (1) :5. n p;' S ~, ::r - ~ 0 ~ ~ 0.. ;:I (1) ;:I (1) 00 >-t ..... ..... 0 0 ;:I ::l .-+,.-+, ()Q ZONING district boundaries or other matter portrayed on the official zoning map by action of the City Commission. The official zoning map shall be maintained in the records of both the Office of the City Clerk and the Department of Development. and made available for viewing by the general public of Boymon Beaoo.. 'NithiN thirty (30) days after the passage aFld the reoeipt of a properly attested oopY of a change or aFl ameftdmeflt by ordinaHce, the plaRfl:ing dHeetor or developmeB-t di-reetor shaH make the proper oo.aa-ge on the official ZONing map and shall keep ON file the eopy of the change and make s8:fFI.e available f-or refereflee f-or the general p1:lblic. 2. Interpretation. of district bOl:1fldaries. 5. Rules for interpretation !: Extent. a. Exteflt of district bOURdaries: The zoning within any district extends throughout the entire area of the district unless otherwise specifically provided. b. Locations. b. Boundary locations: District boundaries follow lot lines, centerlines of right-of-ways of streets, alleys, railroads, canals, lakes, the corporate limits as they exist at the time of this document, or other geographical or topographical features. In un subdivided property, unless dimensioned, lines shall be determined by the use of the scale on the map. c. Waterways. c. Bmmdaries follov;ffig ':/aterway sfloreliaes. District boundaries will follow changes in shorelines, except where such interpretation would change the zoning classification of a lot or parcel, and in each case, the interpretation shall avoid changing the zoning of any lot or parcel. Submerged lands shall assume the regulations of the abutting district adjacent as the district shall be construed to extend into the water area in a straight projection until met centerwise by other districts. d. Abandonments. d. BOl:1fldaries eOBeemiNg abaBdonBleflt. If the boundaries are not changed, the zoning of the property abutting shall 5 June 5, 2007 '-< C ::l ('1) y' N o o --.l 0\ '"1:1 b> 0 a :4 ET- $, ::r ~ ;!l. S' ~ o ...... 00 ;:I ::r (1) 00 (1) 0 (') r6 >-t gNo.. ...... 0 ~ e:. S. (1) ;:I ;:I - (1) 00 0 0..>-t"O ..... (1) S t::l ~ g ...... -- ::r~>-t (1) .... 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(1)...... - ~ ~ o ~~ >-+, ~ 0 ~ ~ r::t. ~ 0.. ;:I 0 ::l (1)c<:;:I0. o ... (I) ~ ~~ ~ = (1) Q It I=-+> Q. IJj I!'D .-+ 0 '< ~ 00 ;:I ::ro.. ~~. ~ (1) 00 == 0.. ~ ~ ~ 0. = (1)8 N C1 o Q ::l == s. 5' . (1)(JQ 0..0 e""" ......e. ::r- ~~ s. 0.. (1) 00 8,g ~ ~ ::l (1) (1) 0. :>< ..... ~a o. 0 ;:I So (1) e;.. 0 (1) ~ ~ ~ 0.. ~ ;:I o 00 0.. ;:I ::r 8.. -6' ~. ~o ;:I ~ ~ 00 0.. (') ~ s- O""_ (1) ::r 0..(1) (l) ...... (') (l) (1) 3 a S' a. (1) 0.. 5' o (1) ....., ...... 0 ::r>-t (1) "0 - >-t 0 o "0 00 (1) ~ :4 (") '-< ::r N o z ..... z ~ ZONING which limit the type or intensity of use of property, residential densities, the height, setbacks, bulk, or that regulate site design, the more restrictive regulations shall apply. (Ord. No. 02-013, ~ 2,4-2-02) SeetioR 12. lRterpretatioB and pl::lFflose. In interpretation and application of this ordinance, the provisions herein shall be held to be the minimum requirements for the promotion of the public health, safety, morals and general welfare of the community. It is not the intent of intended by this ordinance to interfere with~ 6f abrogate~ or annul any easements, covenants~ or other agreements between parties.:.; provided, hO'Ne"/ef that '.vfler6 this However. in instances when this ordinance imposes a greater restriction upon the use of buildings or premises or upon the height of buildings, or requires larger open spaces than are imposed or required by other ordinances, rules, regulations or by easements, covenants or agreements~ the provisions of this ordinance shall control; and pF<r;ided further that Furthermore. this ordinance shall not be construed to supersede as SUf)er-seding any special act of the legislature relative to the subject matter of this ordinance. If, because of error or omission in the zoning map, any property in the city is not shown as being in a zoning district, the classification of such property shall be R-l-A single-family, unless changed by amendment to this ordinance. S:\Planning\Zoning Code Update\lDR Rewrite\Part Ill\Chapters\Chapter 3 Zoning\Final\Article I Overview,doc 7 June 5, 2007 June 5, 2007 ZONING ARTICLE II. GENERAL PROVISIONS G. TO\VN HOUSE. 1\11 to'.\'fl house ae"/elopmeBts shall eOBf-orm. to the distriot zoning and shall meet the following mimml:lm. reqairem.ents: 1. Eaoo to'Nn house shall have its own lot area, each yard priyate and reasonably seeluded from view of streets or neighboring pmperty. 2. Eaeh town house shall ha'/6 a direet automotive aeeess from the off street parking spaee to a publie street. 3. All omaDor, rear yam areas used for ckying of elothes shall be sefeened from vie>.'/ from the street and from adjoining yams and lots. 4. Parking spaee shall be pro'lided for as by SeetioR 11 H. 6. LA~pplieation of distriet regulations. The regulations for set by the zoning regalations '.vitftin each district shall be minimum or maximum limitations, as appropriate to the case, and shall apply uniformly to each class or kind of structure, use, or land or water except as hereinafter proyidod: provided otherwise in these regulations. Section 1. Use. a. Use. No building or structure or land shall hereafter be used or occupied, and no building or structure or part thereof shall be erected, constructed, reconstructed, moved or altered except in conformity with the regulations herein specified for the district in which it is located. Section 2. Frontae:e. e. Publio street frontage. Eaoo shall be ereeted on a lot 'limen abuts or has aeeess to a publie or private street, mad, or easem.eBt for ingress or egress. Suoo aeeess shall be of ade(jQate ':;-idtR to suit the lise of the property and shall meet the reql:lirem.eftts of the eity. C. BUILDING FRONTAGE. Every principal building shall be located on a lot or a publicly dedicated, accepted,,-and maintained street or private street which conforms to accepted street standards of this city, Seetion 7. Lots. All lots shall have frontage on a street or have permanent private access to a street which has a minimum right-of-way of fifty (50) feet. All lots shall have the area, frontage, width and depth required by the prevailing or approved use zone wherein said lots are located. When a subdivision is proposed under land with existing structures that are proposed to be retained, lots are to be designed so as not to cause existing structures to become nonconforming with respect to building area or lot size. When lots are platted abutting a collector or arterial street, access shall be limited to local streets or marginal access roads. No access 1 '- C ::l ('1) VI N o o --.) tJ (')0'0""100 o ...... ~ ~ 3 0:::': l') O"">-to.. ~ S' - S' Q (1) saOQ == 0.. J': ~ . t.J S~o.. S '"1:1 ::;.' 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(1) ;:l ~ ~8 ~g'~~'g b>~g 0..0 g.~ q e:...S ~~ g g. >-t ::l ;:J (1) ...... ~ ~ ~ ::l ::;tl ~ 5' ~ ~ '< 00 0.. 5' (1) u 0 ...... I (1) 0"" ::r 0 (1) 0"" ~ ~ 3 f!l. ~ (1) 2.. I-+) 0' fP ::r ~ g. ~ 'E,. Y' g. 8' ~ a;:J 0 ~ ~ 00 (1) ;:l ~ r/1 00 0 >-+, .... (1) ~ t:i'...... ::r ~ (1) I-+) ...... 0.. 0.. .... 0 ~ ~ ~e;. 00 g'8.. aJg s. 5.(1) \0 00 "0 >-1 '"1:1 >-t 00 1""- 0"1 ..... - (1) >-t ~ ::r Il""" IOQ~ooO.......P" Vl ::r' ::::s ::t <: :::.- ......... ~ t"""'I--)ooooo'I. I-A ..... ........ ~'oJ' 0.. ...... (') 0.: 00 0"" ....;:l ...... (1) (1) vn ~ ~ o' ~ n ~O"I~ o;:l ~ ::r'~Q -,~<g;".oog(1)"== I (1) (l) ..... ~ u - NO"">-te.(tlo..g~ -~N- (1) ., I 00 0"" .... ('1) 00 t"'" ~(1)b>(l)asg.Q _0..00..(1) (1) 0 ~ o ...... (1) >-t 0.. >-t . ::loo::n~;:lo.. So x';:l (') (1) 0 (1 ", (1)::t. Q ..., 0 u .... 0.. 0 ,. 8 q~o;:l~~(1) o::r;:l e:~>-t ~ ~ So s. '< g 0' ~::r(1) ~~-<, ;: - riQ' '"1:1 >-t ,1 ;:l (1) ::r-(1) 0 i:tl(1) < e;.oo "1< 00 ~ 0 '"I:I;:J", ~ ;.:;, .... 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So cf6 g, ft & (l) ~ ...... 00 >-t '<oe.::rg ~>-+'o..e.a:. e.o(l);:'< -'"1:1 < (1) ...... 0"" 0 Sl. ~ 0 (l) ~ 0 <: (') 0"" '" '"1:1 0 0 ~>6S~- ~~g(1)~ -1of'""t-P-S 2..>-t::p~~ ~ 0 0 (') 00 ::1. t'j (l) ~ ~ g p ~ ..0 ...... ;:;- ~ P-l ~e~<:;::l. .... ..., '""h ::r ~ ~ 0 ::ti ~ ....' o..p(')('1)e. N o z .... z C") ZONING Section 4. Hei2ht I Densitv. b. Height and density. No building shall hereafter be erected, constructed, reconstructed.... or altered to exceed the height or density limitations requirements of the defined zones. Section 5. Yards I Open Space. c. Yards and other spaees. No part of a yard or other space or the off-street parking or loading space required for ahetH any building for the purpose of complying with the provisions of this ordinance shall be included as part of the yard or off-street parking or loading space required for a separate. off-site another building. Section 6. Accessory Buildings. B. ,A~CCESSORY BUILDINGS. Accessory buildings in residential districts shall be constructed to conform with to the minimum building and site regulations that are generally applicable in the district where the building is to be located. located, provided, however: All accessory buildings shall be located only in the side or rear yard...t-fH*l Rules regarding detached storage structures shall be in compliance with the Supplemental Regulations pursuant to Chapter 3. Article V. Section 1. Detaooed storage stmctares of any type eOBstruetioR Rot e-xeeeaiRg ORe hundred (100) square feet iB floor area and eight (8) feet in height for a flat roof or niBe (9) feet iR height at peak for a sloped roof, may he eFeeted to a point at least three (3) feet fr{)m the side property liRe aRd/or at least three (3) feet from the rear property liRe p:rovidiRg BO easemeB-t rights are abridged. 'Hhef€l the detaelied storage structlH'e is visible from an adjaeem right of way or ablittiRg pmperty, it shall be effeetively screeaed with appropriate landscapiBg, a wall and/or a fence. Section 7. Temporary Buildin2s TEMPORARYBUILDING8. Temporary buildings such as models, offices and tool sheds used in conjunction with construction work only, may be permitted in any district after approval of the building inspection department and the removal of which is accomplished within thirty (30) days after construction ceases or is completed. 3 June 5, 2007 ....... ~ ::l o Vl IV o o ---J r/l ~ [ S' ~ S' "" (') 8- '" c ! :;>:l :;>:l ~ ;:l, % '" ::l ~ l:T' '" 'S a o l:T' i w ~ g s' ~ S' ~ (;' ;:; c:I a ~ ~ "0 ... o ~. ~. ~ x > (') (') (l) 00 00 o ~ 0"" ~ .... s: ...... ~ ,.-., 00 '--' i ---+ I o '.!2. o > - - a> e::.:~ ~'g. a (1) o 0.. soo r/l ~ ~ 0Cl (1) Y' >-t o o (t> 0.. o <: ~ r/l Q (1) g a "0 o >-t g. (1) r/l ~ 0... o s- ~ ~ (l) ~ ~ ::l 0.. ~ a o >-+, o o '.!2. o i I I I I Vl o '.!2. o > ~ g. (1) 0.. ~ o :4 Y' a o (t> 0.. o <: ~ .g (1) ;:l "8 >-t g. (1) 00 I I N Vl '.!2. o I I r.t'J Q (1) (1) ;:l a o S r/l o ~ t:l (1) en (') ::l, '"1:1 ...... o' ::l -- "'t:I (1) >-t (') (1) ;:l ...... ~ (1) 00 ::r ~ - - N o :z ... :z C') 0"" (1) (') o S ~ 2. ~ en g> - - o ~ 00 > ., tD ~ ~ en ., .n ~ ~ (1) ~. g>Q. o tD ...... = ~ =-. (1) e. ZONING ARTICLE III. ZONING DISTRICTS AND OVERLAY ZONES Section 1. Overview Each lot in the City has two classifications: (1) a Land Use Plan classification. and (2) a Zoning District. The Land Use Plan classification is a guide to what is planned for a broad area based on studies of the area. The zoning district is more site specific. controlling how a lot can be used and developed. The current zoning district is generally consistent with the future land use category. A. Table 3-1 (Future Land Use Map Classifications and Correspondine: Zonine: Districts) RESIDENTIAL Zoninf! District Future Land Use Classification R-l- R-l- R-l- R-l R-2 R-3 !PUD PUD MHPD AAB AA A Low Densitv Residential (<4.84 du/ac) . . . Moderate Density Residential (<7.26 . <5.4 . <5,8 ! ! ! du/ac) Medium Density Residential (<9.68 ! ! du/ac) Hil!h Densitv Residential (<10.8 du/ac) . . . Special Hil!h Density Residential (<20 ! ! ! du/ac) NON-RESIDENTIAL Zoninf! District Future Land Use Classification C-I C-2 C-3 C-4 CBD PCD M-l PID PU REC Mixed-Use (<40 du/ac) . Office Commercial . . Local Retail Commercial . . - . General Commercial . . Industrial . . Recreational . Public & Private Govt. / ! Institutional ! MlXED...USE Zoninf! District .. .. Future Land Use Classification SMU MU-Ll MU-L2 MU-L3 MU-H Mixed-Use (<40 du/ad .<20 . . Mixed-Use Core (<80 du/ac) . Mixed-Use Suburban (<20 ! nll/ac) June 7, 2007 1 V> ~~!0 -\000--.) O. ~ ~~ N V> '- ,::: ::s (t) -.l IV o o -.l Iv ~ " ~ E; ~ ~ c on ~ ., t:::: o ~ 8- s' ~ v.> "1 ~ (j> ,~ '" :- ~ ~ !lil~lil ~ll.~~ ~ 1:1' ~ a .. ~ ~ I~ I~ I~ t I~ I~ I~ ~ ~ ~ go ~ ej " 8 o a a g ., ~ I~ I~ I~ f.: I~ I~ I~ I~ I~ I~ I~ e 8- ~ t:::: I:l ~ cr' .. Iii a s' () g 5 () ::t. g ~ 8' go .. on .. e- ., () ,... "tl "tl (") (") (") !lg.~~~ 13g:8~~ sa ~ !!I I:l ~ q :I Cl !'! s; ~ =1, sr a ~ ~ a ::: ~ go .. s' q ~ i~ ~go- g,r.g~~ jQ .,' t;; ~" t:S ~ 0 ~;.- g (j> ~ ~ !! .. ~ ~ ~ I~ ~ ~ ~ () ~ g, :E i ~ ~ (") ~ I? ';"i:!' I~ (") 5" 141 fI.l I~ Q 0 f""t 0 ~ ~ E " ~ ~, ~ gg-;z 6;6: ill ==e: ~ ~ ~ j~ "".~ ct ~ '" oS ~.. o .,.. pot. ~g.g' = ... '" lO:' . ., cr'g, 1:1 1:1 =... 5' ::to Iii 0 .. = '" ;0 ... ~~~:;lr;t::r;r;~= == 1:1 ~ g ... <5' ... ... 0, B ~~~,;,("'liQ~~~ra- ~'1:I=>~>0~"'< lr~e:~~iil;~i ~12.",!ll:lii ...,.... . ~"'iIi =:",= =:g: s- ~ ~. g. : 111: i- ~ 5' ~ =:Ig~~.~ ir=:S'e. .. a>a"'=I11'='" =. '" ~ ~ .. a sf a ~ ~ = ;0" ~ ~ = I;- ~ a a ... 1'-- m a ~ . _b:Z r;'1!'!.L-...... ""3' g ~"""~~;: 1!~ ' . 1:1 l:;- i?.. ;: e: "" .. 1! 3' F. I::? ~ 'JJ 8 l"l Z .., ~ I~ I~ I~ I~ I~ I~ I~ I~ I~ I~ I~ 1~ I~ I~ I~ I~ I~ I~ a:: . i' ~ I~I~I~I~I~I~I~ I~ I~ ~ ~ a:: II~I~I~I~I~I~I~ I~ I~ i. .. 1:1 o a ... ~ ~lzlzlzlzlzlzlz IZ IZ ~ ~:;;::;;::;;::;;::;;::;;::;;::;;::;;: ~ ~. ; = .. o ... ~ = " ::t'. Q ::! IS' I~ I~ I~ I~ i I~ I~ I~ I~ I~ I~ I~ : I....... IZ IZ IZ a. :;;: :;;::;;: '" II ~ . ~ I~ I~ I~ I~ I~ Iz IZ IZ IZ IZ IZ IZ IZ IZ :;;::;;::;;::;;::;;::;;::;;::;;: :;;: I~ I~ I~ I~ I~ I~ I~ I~ I~ I~ I~ I~ III~ II~ I~ I~ I~ I~ I~ I~ I~ i I Iq 1bJ. Ie; I~ Iq 1bJ.1~ I~ Iq 1bJ. I~ I~ Iq 1bJ. I~ I~ 1bJ. 1bJ. Ie; I~ I~ I~ I~ I~ l:!l l:!l l:!l l:!l llll j::!ll:!ll:!lj:!l ~ ~ ~ ~ I~ I~ Iv> I~ 1i5 I~ I~ ~ 18 ~i I~ I; I~ Iz 1i5 I~ I~ i I~ I~ I~ I~ I~ Iz 1i5 I~ I~ i Igj I~ I~ I~ I> Iz 1i5 I~ I~ ~ Igj ~~ I~ I~ I~ r:"" m_O I~, I-o~ I"" 1-..1 IZ I~ I::: ~ _ ~ ~ I~ g :;;: &l ~ ._ I~ I~ I~ I~ 18 I~ I~ I~ I~ I~ I~ I~ I~ I~ l:!l:!l ." ~ ~ :: [ E1' E1' \0 E1' ~~Ul~ I~ I~ l:!ll:!l l:!l Z-.l~ ~ Vl~ I:;;: I~ ~ ~ 1+ ~ I f,'" I~o 1i5 I~ I~ I~ I~ 18 I~ I~ ~ i I~ --3 ~ ~ - ~ ~ I N N o z - z ~ ~ fI.l .... c.. ~ = :t. ~ - I~ I~ ZONING c. Table 3-3 (Non-Residential Buildin2 / Site Re2ulations NON-RESIDENTIAL C-I C-2 C-3 C-4 CBD PCD M-I Pill I REC G Density (dwellinl!: units per acre): N/A N/A 10.8 N/A 10.8 Flexiblel7 N/A Flexiblel5 N/A N/A Proiect Area. Minimum (acres) N/A N/A N/A N/A N/A 314 N/A 2514 N/A N/A Lot Area per unit. Min. (square feet): 9.000 5.000 15.000 5.000 15.000 Flexible 10.000 Flexible 43.560 8.000 Lot Fronta2e. Minimum: 75 50 75 50 75 Flexible 0 Flexible 100 75 Lot Depth. Minimum: 120 100 N/A 100 100 N/A N/A N/A N/A N/A Lot Coverue. Maximum: 40% 40% 40% 40% 75%18 40%13 ~ 60%16 N/A N/A Floor-Area-Ratio (FAR), Maximum: 0.40 0.50 0.50 0.50 N/A 0.50 0.50 0.50 N/A N/A Structure Beil!:ht. Maximum (feet): 3011 259 4510 4510 4510.12 4510 4510 4510,19 4510 4510 Hosoital max. structure heil!ht 4526 N/A N/A N/A N/A N/A N/A N/A N/A 60 Buildinl! Setbacks. Minimum (feet): Front 30 30 20 25 0 40 15 30 25 2520 Rear 20 20 202 205 206 40 203 30 25 2520 Interior side 10 15 01 155 0 30 154 20 25 1520 Corner side 10 20 20 155 87 30 15 30 25 1520 Buildinl!: Setbacks. Minimum if abuttinl!: a residential district (feet): Rear 30 30 30 30 N/A N/A 30 N/A N/A 30 Interior side 30 30 30 30 N/A N/A 30 N/A N/A 30 Corner side 30 30 30 30 N/A N/A N/A N/A N/A N/A Waterfront yard N/A N/A N/A N/A 88 N/A N/A N/A N/A N/A I. Where rear access is not available from a public street or alley. a side yard of not less than fifteen (15) feet shall be orovided on one side. 2. Where rear yard access is available from a oublic street or alley. rearvard may be decreased bv one-half the width of such street or alley. but in no case shall a rear yard be less than ten (10) feet 3. Where rear yard abuts a railroad ril!ht-of-way or any oaved alley. the rear yard may be reduced to 10 feet 4. Where rear vard abuts a oaved alley or street then no side setback shall be reauired. 5. Where rear orooertv line abuts a oublic street or alley. rear vard setback may be reduced to 10 feet and no side yard shall be reauired. exceot on comer lots. 6. Where rear orooertv line abuts a public street or alley. rear vard setback may be reduced to eil!ht (8) feet at first floor level. in which case. no setback sball be reauired at all other floor levels. 7. Eil!ht (8) feet is required at first floor level. No setback shall be reauired at all other floor levels. 8. Waterfront setbacks shall be measured from the orooertv where the body of water is UDder different ownershio than the subiect orooertv line. However. setbacks are measured from the mean hil!h water line if the body of water is UDder the same ownershio as the subiect orooertv. 9. Not to exceed two (2) stories. 10. Not to exceed four (4) stories. II. Buildinl!S designed with UDder-story Parkinl! shall be allowed a maximum buildinl!: heil!ht of 35 feet but onlv with conditional use aooroval. 12. Notwithstandinl!: the heil!ht limitations referenced in Chanter 2. Article 11. Section 2. all uses enumerated and oermitted in the Central Business District. accordinl!: to the Code of Ordinances which shall include but not be limited to hotels. motels. condominiums. apartments. offices. financial institutions. eatiDl! and drinkinl! establishments. entertainment and recreational uses. retail use and transoortation use or any structure containinl! a mixed use thereof. shall be oermitted to be constructed in excess of forty-five (45) feet in heil!ht. but not to exceed 100 feet orovided such use is evaluated and aooroved as a conditional use. Mechanical eauioment which exclusivelv serves the structure shall not be included in the calculations of heil!ht. 13. The totall!I'OUDd floor area of all buildinl!s and accessory structures shall not exceed 40% of the plot on which thev are constructed. 14. Contil!UOUS acres. 15. Residential uses are only allowed within a Mixed-Use Pod of a Pill that has a DR! Future Land Use classification. Maximum residential densities shall be in accordance with the thresholds established for the respective DR!. 16. The I!:I'OSS floor area of the buildinl!: and accessory structures shall not exceed 60% of the olot on which it is constructed. 17. The maximum allowable density is determined by the aunlicable Future Land Use classification of the Comorehensive Plan. 18. The maximum lot coveral!e is 85% for oarkinl!: I!:aral!:es. 19. No more than four (4) stories. with the exceotion ofbuildinl!s in a Mixed-Use Pod of a Pill. oorsuant to Chapter 3. Article m. Section 4.B.9.d. of these Land Develonment Rel!:Ulations. 20. For hosoital buildinl!:s. additional setbacks in excess of 30 feet shall be reauired for any heil!ht over 45 feet. The additional setback shall be measured bv calculatinl! three (3) additional feet of setback for each foot in heie:ht above 45 feet. not includine: minimal rooftop eauioment that are eli!!:ible for heil!ht exceotion oorsumt to Chaoter 2. Article II. Section 8. June 7, 2007 3 ZONING D. Table 3-4 (Mixed-Use Suburban Buildin2 / Site Re2ulations) SUBURBAN MIXED-USE (SMU) Tvpes of Uses DISTRICT Residential Sine:le- Other Uses (includes Buildinf! / Site Ref!ulations Familv I Attached or Multi-Family Detachecl) Mixed-Use) Densitv (dwellin.. units oer acre) 20 20 N/A Proieet Arp,,,- Minimum: SMU dietriet -10 aeres1 Lot Area oer unit.. Minimum (sauare feet): Flexible'4 Flexiblel4 10 .0002 Lot Frontal!:e. Minimum (feet): Flexible14 100 100 Living Area Minimum AlC (sauare feet): 1.20015 75015 75015 Floor Area Ratio (FAR). Maximum: N/A N/A 1.0' Structure Bpi..ht. Minimum (feet): 359 359 359 Structure BeiI!:bt Maximum (feet): 35 556.10 556. 10 Building Setbacks Build-to-Iine (feet): Front: 103 II 104.5.6 II 105.6.7 Buildin.. Setbacks Minimum (feet): Side: 15 corner I 10 end 106 06.14 Rear: Flexible14 156 Flexible6. 14 Usable Ooen Soaee. Minimum (souare feet): 30% 11,12 20%11.13 20%11.13 I. Minimum project size. A minimum often (10) acres shall be required for any project develooed UDder the provisions of the SMU regulations. 2. Hotels must be part of a mixed-use project of at least three (3) acres in size. 3. Porches may be olaced forward of the build-to line and shall maintain a minimum 2-foot setback from any public sidewalk. Porches shall be olaced outside of clear sil!ht triane:le. Minimum setback for a l!araq:e (acine: or accessine: the street is 20 feet. Where less than 20 feet. e:arae:e access reauired from side or rear. 4. Proiectinl! featurels) such as awnings. balconies. oorches and/or stooos may be placed forward of the build-to line and shall maintain a minimum 2-foot setback from any public sidewalk. 5. Front yard build-to line alone: major arterial roads. a maximum of 90 feet inclusive ofa 25-foot landscaoe buffer. 6. The Heil!ht Setback Envelooe in accordance with Chaoter 3. Article m. Section 5.G.3 shall aooly where adjacent to developed single family residential zonine: districts. 7. One or more proiectinq: feature( s) such as awnine:s. balconies. colonnades. porches and/or stoops reauired forward of the build-to line and shall maintain a minimum 5-foot clearance from any vehicle use area. Elements oroiectine: over a oedestrian walkwav shall allow a nllnimum 9-foot vertical clearance and 5: foot horizontal oedestrian clearance. 8. Excludine: residential uses and oarkine: structures. 9. Aoolies to any facade with arterial roadway frontae:e. Multiple-story buildinq:s are encourae:ed alone: arterial roadways. The intent of this provision IS to create the aopearance. or simulate the intensity of. a minimum two (2)-story buildinl!. Conditional use aooroval required ifless than the 35 foot minimum. 10. Buildinl! heil!hts between 55 feet and 75 feet to the oeak of the structure or any architectural details may be allowed onlv for interior buildine:s (those buildine:s seoarated from the oropertv line by another oroject buildine: or use l. if aooroved as a conditional use. The buildine: / structure heie:ht measurement shall be conducted in accordance with Chapter 3. Article 111. Section 5.G.2. Exceotions to the maximum heil!ht shall not be allowed. II. Usable ooen soace shall orovide active or passive recreational soace and shall not be occuoied bv water bodies. streets. drives. oarkine: areas. or structures other than recreational structures. 12. At least 50% of the reauired usable ooen soace for sine:le-familv residential uses shall be contained in one or more common oooled areas and a rectane:le inscribed within each common oooled area shall have no dimension less than 75 feet. 13. Up to 50% of the usable open soace reauired for "Multi-family" and "Other Uses" may be hardscaoed olazas and public l!athering places. 14. To be determined on a case by case basis. deoendinl! on the overall oroiect desi!!:D. 15. Accessory aoartments must be at least 750 square feet in area lair-conditioned soace). June 7, 2007 4 ZONING E. Table 3-5 (Mixed-Use Urban Buildin2 Site / Re2ulations) MIXED USE. URBAN MU-Ll MU-12 MU-L3 MU-H Lot Area. Minimum (acres): ...... ...:.. ....... ....'..... - - Public Dark: N/A N/A N/A N/A All other uses: 0.50 0.75 1 1 Lot Frontal!e. Minimum (feet); 1001 100 1502 200 Structure Bei2ht. Minimum 30 30 30 30 (feet): Maximum Buildln.. 1 Structure Bei..ht lHT\ Densitv /1\11\ ~ '0 (FAR\: Classification of proiect frontal!e on tvpe of roadway: HT DU FAR HT5 DU3 FAR3 HT5 DU FAR HT5,6 DU FAR Arterial: 45 20 .LQ 651 30/40 2.0/2.5 751 40 3.01 1501 80 4.0 1003 1003 3.53 125 Collector: 45 20 1.0 65 30/40 2.0/2.5 75 40 3.0/3.5 125 80 4.0 Local collector: 45 20 1.0 45 30140 2.0/2.5 55 40 3.0 55 60 3.5 Locar: 45 20 1.0 45 30/40 2.0/2.5 45 20 1.0 45 20 1.0 Buildin2 Setbacks Build-to-Iine (feet)l1: .., ...... . Front abuttine: a oublic ri/Zht-of-way o to 1010 o to 1010 o to 1010 o to 1510 Buildinl! Setbacks. Minimum ..,. '" '.' . /.,. ....<J..:,.<. .... < (feet); ,\. I Rear abuttine:13: .' Residential sinl!le fami1v: 257/08 257 257 257 Intracoastal waterway: 25 25 09 09 All other uses: 1012 1012 1012 1012 Side abuttine:13: '. . .>".,<,.' . <'" I Residential sine:le famiIv: 257/07.8 257 257 257 All other uses: 1012 1012 1012 1012 1. May be reduced if frontal!e extends from ril!ht-of-way to ril!ht-of-way. 2. Minimum of 50 feet. iffrontae:e is on a collector/local collector roadway. 3. Forpro,pertv abuttinl! the MU-H district located west of US 1. the area of increases in heil!ht. density and FAR shall extend a distance oflOO feet from the MU-H zonine: district line and shall reauire conditional use aooroyal. For orooerties abuttine: the MU-H district located east of US 1. the area of increase for heil!ht shall extend a distance of 100 feet from the MU-H zoninl! district line and shall reauire conditional use aooroval; howeyer. no increases in density and FAR are allowed. Must also haye orincioal frontae:e on Arterial roadway. 4. Must also haye fronta2e on local collector or hil!her roadway classification. 5. Maximum heil!ht on any street frontae:e is 40 feet. Maximum heil!ht on Intracoastal Waterway is 35 feet. Heil!hts may reauire reduction where adiacent to a sine:le-family zoning district where necessary to achieve the comoatibility requirements of these ree:ulations. 6. Maximum heil!ht reduced to 125 feet for the entire oroiect where oro.perty abuts anv MU-L or residential zonine: district not seoarated by a ril!ht-of-way. 7. Plus one additional foot for each foot of heil!ht oyer 35 feet. 8. Where there is an intervenine: ril!ht-of-way of at least 40 feet. 9. Subiect to oermittine: ae:ency aooroyal. 10. Sidewalk of at least 10 feet reauired. Setback may be !!:feater if oublic Dlaza/g;atherinl! soace is orovided. 11. Listed eli!!:ible Historic structures are not reauired to meet these standards. 12. Reduction in setback may be allowed ifvoid ofnee:atiye impacts on adiacent use or on deyelooment DOtential of adiacent orooertv. 13. The ultimate setback is also a factor ofheie:ht and aoolication of the Sky ExDOsure Plane in accordance with Chaoter 3. Article m. Section 6.H.2. June 7, 2007 5 ZONING Section 2. Residential Districts Section 5. regulatiOIls and use provisions. Residential district ,,^... R 1 /\.A}.. SINGLE F,,'\M:IL Y RESIDENTL^..L DISTRICT. These district regulatioRs ','/ill create the lowest population density of not more than 3.18 dwelling Uflits per aei"e. 1. Uses permitted. \Vithin any R 1 ,,\"'^..A single family residential district, no bl:lilwag, strnet\:lre, land or water shall be used except f-or one of the following uses: a. Single faIl.'lily dV/ellings including the garages and other customary accessory buildings. Carports are not allowed. Disaster shelters are permitted. The sHelters are to be used only for the designated pmpose in times of danger. b. Churches* and other plaees of worship * with their attoodant accessory uses, including daycare and pre soo.ool facilities*, conrorming ',villi Section II.C aerernafter. c. City owned and operated facilities. d. Private golf courses and associated elubhouse faoilities including private bath, s',vim, tennis or oountry clubs and oommunity or oity o',',ned and operated recreation clubs and assoeiatioFls, speoifioally exoI-l:1ding dri'ling ranges or tees, miniamre OOl:lrses and similar uses operated as separate veRMes from the primary use or uses. e. Primary and SeOOflGary soo.ools, seminaries, oolleges and universities, oonf-orming with Section I1.C herciRafter.* f. Home oOElUfJatioFls eonforming with Section 11.D hereiFlafter . g. Community residootialaOl'B.es with six or fO'.ver residents as defined in Florida Statutes Chapter 119. h. Nl:1rsery schools, day eare oeRtel's and other presohool faoilities. * 1 lA". Conditional uscs allov/ed. Those uses specified above ','/hich are f-ollov/ed by an asterisk (*) shall be deemed to be conditional uses, which may be considered afld granted in accordance 'l/ith the procedures set forth in Seotion 11.2 hereinafter. 2. Building and site regulations: a. The follov,ing lot and building setback requirements shall be observed: June 7, 2007 6 ZONING Minimum lot area 12,500 sCfl:1ar<l feet Miftim1:lHllot froDtage 100 feet MHiim1:1ffi fr{)Dt yard 30 feet MiDimWR rear yard 35 f-eet MiRimWR side yam 30 feet eaeh side Mimmum liviRg area 2,200 sqeare f-eet MaximlHIllot eoverage 35 pereeRt Maximum strl:leture height 25 feet b. OR eorner lots adjaeent to the street, the side yard setback shall be Dot less than ORe half (1/2) the from yard reqairement, exeept v/llere the eorner lot faees a diff-erem street tflafl the remmDiBg lots in the block, then the front setbaek shall be maiDtmned on both streets. c. COImmmity resideBtial homes shall not be loeated withHi a radius of 1,000 feet of 8:8.other existing similar faeility. 3. Off street padcing. '^LS provided in 8eetioB 11 H hereinafter. (Ord. No. 96 51, ~ 2, 1 21 97) A. R-1-AAB ~ SINGLE-FAMILY RESIDENTIAL DISTRICT. This conventional district consists of certain lands and structures providing single-family residential areas with a lot size of not less than 9.000 square feet. The R -1- AAB district allows a maximum density of 4.84 dwelling units per acre and corresponds with the Low Densitv Residential (LDR) future land use classification. 1. Use(s) Allowed. (See "Use Matrix" - Chapter 3. Article IV. Section 3.e). 1. Uses permitted. Vlithin an R 1 "^u'\B single family resicleB-tial district:, DO buildin-g, strneture, laRd or water shall be used exeept for one of the following uses: a. Any use permitted in the R 1 ,^u^u\ district. 2. Buildin2/ Site Re2ulations. 2. Building and site regulations: a: The following lot and building setback requirements shall be observed: June 7, 2007 7 ZONING BUILDING I SITE REGULATIONS R-l-AAB District Minimum lot area: 9,000 s.f. Minimum lot frontage: 90 feet .- -...-- Minimum yard setbacks: ! Front: 25 feet Rear: 20 feet Special rear yard setback reduction for single-story building additions: 1 Abutting: 1-95 or railroad tracks: 50% Abutting: Intracoastal: 50% Abutting: Lakes: 50% Abutting: Golf Course: 50% Abutting: Canals wider than 150 ft 50% Abutting: Canals narrower than l50 ft 33% Abutting: Perimeter walls of community that abut other than residential: 50% Abutting: Commercial or Industrial 50% Abutting: Public or private park: Interior side: 1 0 feet Comer side: 25 feet2 ---- Minimum living area: 1,800 s. f. n_ Maximum lot covera2e: 45% --~--- Maximum structure hei2ht: 30 feet Minimum lot area Minimwn lot frontage Minimwn front yard Minimwn rear yard Minimum side yards Minimum living area Maximum lot ooyerage Maximum struoture height 9,000 square feet 90 feet 25 feet 20 feet 10 feet each side 1,800 square feet 15 peroent 30 feet 1 These special rear yard setback reduction provisions shall not supersede any setbacks that are recorded on a plat. f- The setback reduetion provisions oontained in c. and d. above shan not supersede any setbaoks that are reeorded on a plat. ~ b. On comer lots, the side yard setback adjacent to the street shall be not less than one-half (1/2) the front yard setback. However, where orientation of adjacent lots on both street frontages provide~ typical front yard setbacks, June 7, 2007 8 ZONING the comer lot shall provide for front yard setbacks along both streets. When two (2) front yard setbacks are provided for on a comer lot, no rear yard setback shall be required, only side yard setbacks shall be imposed. c. For lots platted prior to June 13, 1975, the following admiaistrati"{e adjustments to the minimum yard setbaeks may be allowed, s:I:lbjeet: to pm vision of justifioation by applieant: Front and side yard Rear yard 80% ofreqaired 75% ofreqaired d. Speoial rear )'fi'fd setbaek Feduetions fur single story additions may be applied in the fullowing situations, pro",'ided it is not l:ltilized in ooBjl:lflet:ion with any other rear yard redl:let:ions provision: Rear Yards abutting: I 95 or railroad traeks: Intracoastal: Lakes: Golf Course: Canals ".vith R 0 \V :-- 150 feet:~ Canals with R 0 \If --:: 150 feet Perimeter walls of comml:lFlity that abut other than residential: Commereial / Industrial: PubliclPriyate Park: 50% recltiet:ion 50% reduet:ion 50% recltiet:ion 50% reduation 50% reduetion 33% reduetion 50% reduotion 50% reooet:ion 50% Fecltiation e. The setbaek redl:letion pro"lisioBs contamed in e. and d. above are not applioable to residen:tiallots ".",'ithin Planned Unit Developments (PUD's) without formal aet:ion of the H Q A .. €HQ A ~. . . el ome viner ~ ~ssoclation ~ ~ 1B ".vntIng, an an appm'{ed modifieation of the PUD Master Plan. June 7, 2007 9 ZONING R-l-AAB Minimum Lot Area 9,000 sq. ft. Max. Lot Coverage 45% Min. living Area 1,800 sq. ft. 3. Administrative Adiustments. a. &.- Forlots platted prior to June 13, 1975, the following administrative adjustments to the minimum yard setbacks may be allowed, subject to compliance with Chapter 2, Article II, Section lO pro':isiofl of j1:1stifieation lJy applieant: Front and side yard 80% of required 20% reduction Rear yard 75% of required 25% reduction However, these setback reduction provisions shall not supersede any setbacks that are recorded on a plat. b. g;- An administrative adjustment variance may be granted if any first floor addition follows the building line of a legally non-conforming single- family structure, or a building line previously approved by a variance. June 7, 2007 10 ZONING c. See Chapter 2. Article II. Section 10 for the administrative adjustment process. 4. Accessory Structures. Pools. sheds. screen- roof enclosures. and other structures as provided in the Supplemental Regulations. Chapter 3. Article V. 5. Parkin2. As provided in Chapter 4. Article V. 3. Off street parking. .A.s pro~/ided in 8eetion 11 H hereiaafter. June 7, 2007 11 ZONING B. R-l-AA G: SINGLE-FAMILY RESIDENTIAL DISTRICT. These district regulations will Ci"eate a maximum density of 5.1 dwelling units per aore. This conventional district consists of certain lands and structures providing single- family residential areas with a lot size of not less than 8,000 square feet. The R-l-AA district allows a maximum density of 5.4 dwelling units per acre and corresponds with the Moderate Density Residential (MoDR) future land use classification. 1. Use(s) Allowed. (See "Use Matrix" - Chapter 3, Article IV, Section 3). 1. Use perm.itted. Vlithin any R 1 Af" single family residential distriot, no building, struoture, land or 'lIater shall be used exeept for one of the following uses: u. fJI)' use permitted in the R 1 ,^~^,A or R 1 ,^~'\B districts. June 7, 2007 12 ZONING 2. Buildin2 / Site Re2ulations. 2. Bliilding and site regulatioBs: &:- The following lot and building requirements shall be observed: BUILDING I SITE REGULATIONS R-l-AA District Minimum lot area: 8,000 s.f.l Minimum lot frontage: 75 feet Minimum yard setbacks: Front: 25 feet Rear: 20 feet Special rear yard setback reduction for single-story building additions: 2 Abutting: 1-95 or railroad tracks: 50% Abutting: Intracoastal: 50% Abutting: Lakes: 50% Abutting: Golf Course: 50% Abutting: Canals wider than 150 ft 50% Abutting: Canals narrower than 150 ft 33% Abutting: Perimeter walls of community that abut other than residential: 50% Abutting: Commercial or Industrial: 50% Abutting: Public or private park: 50% Interior side: 10 feetl Corner side: 25 feee Minimum living area: 1,600 s.f. Maximum lot covera2e: 45% Maximum structure hei2ht: 30 feet 1 In areas developed and/or platted prior to June 13, 1975, the minimum lot area shall be seven thousand five hundred (7,500) square feet and the minimum side yard shall be seven and one-half (7 1/2) feet. 2 These special rear yard setback reduction provisions shall not supersede any setbacks that are recorded on a plat. J e. On corner lots, the side setback adjacent to the street shall be not less than one-half (112) the front yard setback. However, where orientation of adjacent lots on both street frontages provide typical front yard setbacks, the corner lot shall provide for front yard setbacks along both streets. When two (2) front yard setbacks are provided for June 7, 2007 13 ZONING on a comer lot, no rear yard setback shall be required, only side yard setbacks shall be imposed. Miniml::lfl'llot arca 8,000 square f-cet* Minimum lot frontage 75 feet Minimum front yard 25 feet Miaiml:lffi rear yard 20 feet Miaimum side yard 10 feet each side* Miaiml::lfl'l li';ing area 1,600 square feet MaximUfll lot cO'lerage 15 percent Maximum strneture height 30 feet d. Specia:l. rear yard setback reductions for single story additions may be applied in the following situations, provided it is not utilized in conjunetion \.vith any other rear yard reduetions provision: Rear Yards abutting: I 95 or railroad traeks: Intracoastal: La:l.ces: Golf Course: Canals with R 0 \V:--- 150 feet Cana-Is ':lith R 0 \V ....-.: 150 feet Perimeter wa:l.ls of Community tha-t abut other thaR residential Commercial/Industrial PubliO/Pri'/ate Park: 50% reductioa 50% reduction 50% reduction 50% reduction 50% reduction 33% reduction 50% red1:1etion 50% reduction 50% reduction e. The setbaek reduction proyisions cORtaiFled in c. aFld d. above are not applicable to residentia-Ilots within PliUlfled Unit Developments (PUD's) \.vithout formal action of the Home OV/Ref 1^~ssociation (HOA) in ':lriting, and an appro'led modification of the PUD Master Plan. f.- The setbaek reduction proyisions contaiRed in c. and d. abo';e shall not supersede any setbadcs that are recorded on ~ June 7, 2007 14 ZONING R-l-AA Minimum Lot Area 8,000 sq. ft. Max. Lot Coverage 45% Min. Uving Area 1,600 sq. ft. 3. Administrative Adiustments. !.: e:- For lots platted prior to June 13, 1975, the following administrative adjustments to the minimum yard setbacks may be allowed, subject to provision of justification by applicant: Front aDd side yard 80% of reqt.tired 20% reduction Rear yard 75% of required 25% reduction However. these setback reduction provisions shall not supersede any setbacks that are recorded on a plat. -g;- An administrative adjustment varianee may be granted if any first floor addition follows the building line of a legally non-conforming single- family structure, or a building line previously approved by a variance. c. See Chapter 2. Article II. Section 10 for the administrative adjustment process. June 7, 2007 15 ZONING 4. Accessory Structures. Pools. sheds. screen- roof enclosures. and other structures as provided in the Supplemental Regulations. Chapter 3. Article V. 5. Parkin2. As provided in Chapter 4. Article V. 3. Off street }'larking. f..s pro'/ided in Seetion 11 H hereinafter. June 7, 2007 16 ZONING C. R-I-A I* SINGLE-FAMILY RESIDENTIAL DISTRICT. These distriet Fegalations will ereate a maximum. density of 5.8 dwelliBg units per aere. This conventional district consits of certain lands and structures providing single- family residential areas with a lot size of not less than 7.500 square feet. The R-I-A district allows a maximum density of 5.8 dwelling units per acre and corresponds with the Moderate Density Residential (MoDR) future land use classification. 1. Use(s) Allowed. (See "Use Matrix" - Chapter 3. Article IV. Section 3). 1. Use permitted. 'Nithin any R 1 /'~ single family resideBtial distriet, 8:0 ImildiBg, stmctuFe, land or water shall be l:lsed 6Keeflt for ORe of the followiBg l:lses: a. /'.ny l:lse permitted iB the R 1 /'..1\../\.., R 1 .^J\B, and R 1 /'.....^,- distriets. June 7, 2007 17 ZONING 2. Buildin2 I Site Re2ulations. 2. Building and site regulations: ft;- The following lot and building requirements shall be observed: BUILDING I SITE REGULATIONS R-I-A District Minimum lot area: 7,500 s.f. Minimum lot frontage: 60 feet - Minimum yard setbacks: Front: 25 feet Rear: 20 feet Special rear yard setback reduction for single-story building additions: ] Abutting: 1-95 or railroad tracks: 50% Abutting: Intracoastal: 50% Abutting: Lakes: 50% Abutting: Golf Course: 50% Abutting: Canals wider than 150 ft 50% Abutting: Canals narrower than 150 ft 33% Abutting: Perimeter walls of 50% community that abut other than residential: Abutting: Commercial or Industrial: 50% Abutting: Public or private park: 50% Interior side: 7.5 feet Comer side: 25 feee Minimum living area: 1,400 s.f. Maximum lot covera2e: 45% , I Maximum structure hei2ht: 30 feet .-- I 1 These special rear yard setback reduction provisions shall not superseded any setbacks that are recorded on a plat. ;1, b. On comer lots, the side setback adjacent to the street shall be not less than one-half (1/2) the front yard setback. However, where orientation of adjacent lots on both street frontages provide~ typical front yard setbacks, the comer lot shall provide for front yard setbacks along both streets. When two (2) front yard setbacks are provided for on a comer lot, no rear yard setback shall be required, only side yard setbacks shall be imposed. June 7, 2007 ] 8 ZONING Miftimum lot area 7,500 sq1:lare feet Mifl.imum lot fromage 60 feet Miffimum frOB.t yard 25 feet Minimam rear yard 20 feet MiBimmn side yard 7 ~~ f-eet eaeh side* MiB:imlilli li~.'iftg area 1, '1 00 square f~et Maximum lot eoverage 15 peroent Maximam stl1:letur'Ci height 30 feet d. Speeial refl{' yard setbaek redt:tetioRs f-or single story additiOBS may be applied ifl. tfle following situations, pro',ided it is not l:ltilized in eonjmletion '.yith any other fear yard reduetiofls pr-e>lision: Refl{' Yards ab1:ltting: I 95 or railroad tFaeks: Intraeoastal: Lakes: Golf Cotii'se: Canals with R 0 V/ :-- 150 f-eet Canals with R 0 '1/...-:: 150 f-eet Perimeter walls of COHlml:lflity that ahut other than residefttial Comm ercial/lB.dustrial PublieIPri';ate Park: 50% reooetion 50% reooetion 50% redt:tetion 50% redt:tetion 50% reduetion 33% reoootion 50% redl:letion 50% redt:tetion 50% redl:letion e. The setbaek reduetion pro>:isions oontained in e. and d. abo~le are not applieable to residefttiallots within Phmned Unit De';elopments (POO's) withom formal aetiofl of the H Q A .. €HQ A j' . . e orne Viner" LssoOlatlon " L In wntmg, an an appfOyed modifieation of the PUD Master PlaD. f.. The setbaek rea.uetion pr-oyisions eomained in e. aDd d. above shall not sl:'l13ersede aDY sethaeks that are recorded on ~ June 7, 2007 19 ZONING R-I-A --~ / "0" ---;-- ; .../.... / ,I Minimum Lot Area 7,500 sq. ft. Max. Lot Coverage 45% Min. Uving Area 1,400 sq. ft. 3. Administrative Adiustments. !: &.- For lots platted prior to June 13, 1975, the following administrative adjustments to the minimum yard setbacks may be allowed, subject to compliance with Chapter 2, Article II, Section 10 proyision of justifioation by applioant: Front and side yard 80% of required 20% reduction Rear yard 75% of required 25% reduction However, these setback reduction provisions shall not supersede any setbacks that are recorded on a plat. b. g:- An administrative adiustment variance may be granted if any first floor addition follows the building line of a legally non-conforming single- family structure, or a building line previously approved by a variance. June 7, 2007 20 ZONING f: See Chapter 2. Article II. Section 10 for the administrative adiustment process. 4. Accessorv Structures. Pools. sheds. screen- roof enclosures. and other structures as provided in the Supplemental Regulations. Chapter 3. Article V. 5. Parkini!:. As provided in Chapter 4. Article V.. 3. Off street parking. As provided in Seetion 11 H aereiflafter. June 7, 2007 21 ZONING D. R-l J;.- SINGLE-FAMILY RESIDENTIAL DISTRICT. Tl:lese district regulations Vim create a maximum doosity of 7.26 dwelling 1:ffiits per acre. This conventional district consists of certain lands and structures providing single-family residential areas with a lot size of not less than 6.000 square feet. The R-l district allows a maximum density of 7.26 dwelling units per acre and corresponds with the Moderate Density Residential (MoDR) future land use classification. 1.: Use(s) Allowed. (See "Use Matrix" - Chapter 3. Article IV. Section 3). 1. Use permitted. \Vithin any R I single family residential district, no building, structure, land or '/later shall be used except for one of the following uses: a. "^illy use permitted in the R 1 Af>J^", R 1 "^u^..B, R 1 f"A, and R 1 /'1. districts. June 7, 2007 22 ZONING 2. Buildim! / Site Re2ulations. 2. Bailding afld site regulations: &:- The following lot and setback requirements shall be observed: BUILDING / SITE REGULATIONS R-l District Minimum lot area: 6,000 s.t: Minimum lot frontage: 60 feet Minimum yard setbacks: Front: 25 feet Rear: 20 feet Special rear yard setback reduction for single-story building additions: 1 Abutting: 1-95 or railroad tracks: 50% Abutting: Intracoastal: 50% Abutting: Lakes: 50% Abutting: Golf Course: 50% Abutting: Canals wider than 150 ft 50% Abutting: Canals narrower than 150 ft 33% Abutting: Perimeter walls of 50% community that abut other than residential: Abutting: Commercial or Industrial: 50% Abutting: Public or private park: 50% Interior side: 7.5 feet Comer side: 25 feet2 Minimum living area: 1,200 s.t: Maximum lot coverage: 50% Maximum structure hei2ht: 30 feet 1 These special rear yard setback reduction provisions shall not supersede any setbacks that are recorded on a plat. ~ 6. On comer lots, the side setback adjacent to the street shall be not less than one-half (112) the front yard setback. However, where orientation of adjacent lots on both street frontages provide typical front yard setbacks, the comer lot shall provide for front yard setbacks along both streets. When two (2) front yard setbacks are provided for on a comer lot, no rear yard setback shall be required, only side yard setbacks shall be imposed. Minimum lot area Miniml:llB lot Homage MiB-imum Hont yard 6,000 square feet 60 feet 25 feet June 7, 2007 23 ZONING Minimum rear yard 20 feet . a * Minimum side yard 7 ~-i feet eaeh Sl e . . I ~QQ slluare feet M' . urn lIHlRg area , "1 -r lRlm . MaximlHIl lot coverage 50 peroent ~4aximum structure height 30 feet S . a:l rear yard setback reduotions for single d. peOl l' d' the following simations, story additions ma~ ?e a~p Ie ~n ction "vith any other rear rovided it is not utIlIzed m conJun p .. . yard reductions prO'.'lSIOn. Rear YaTds abutting: I 95 or railroad tracks: Intraooastal: Lakes: Golf Coarse: Canals \vith R 0 'N ::--- 150 feet Canals with R 0 \V ..-:: 150 fect Perimeter walls of Community that abut other than residefltial Commeroial/Industrial PabliolPrivate PaTk: . H" contained in c. afld d. e. The setbaek redactIOn pro ..1~IO~':llots noithin Plaflfled r al te reSl en 1 n above aTe not app lOa ~D' ) no.thout formal action of the . I) I ments (P s n 1 UnIt eye of) .. (HO ^) in '.vriting, and an Ononer ASSOCIatIOn . ~ ~~~;/ed ~odifioation of the PUD Master Plan. . H" contained in c. and d. f. The setback redaet;n pr~ 'l~~:~cs that are reoorded on above shall not sllfJerse e an) se a-plah 50% reduction 50% reduction 50% reduction 50% reduction 50% reduction 33% reduction 50% reduction 50% reduction 50% reduction June 7, 2007 24 ZONING R-l ; 20' /....,....1....__......-. Minimum lot Area 6,000 sq. ft. Max. lot Coverage 50% Min. Uving Area 1,200 sq. ft. 3. Administrative Adiustments. !:. e:- For lots platted prior to June 13, 1975, the following administrative adjustments to the minimum yard setbacks may be allowed, subject to compliance with Chapter 2, Article II, Section 10 pr-ovisioH of j\istifieatioH by applieant: Front and side yard 80% of required 20% reduction Rear yard 75% ofreqai:red 25% reduction However, these setback reduction provisions shall not supersede any setbacks that are recorded on a plat. b. go An administrative adjustment Yaflaflee may be granted if any first floor addition follows the building line of a legally non-conforming single- family structure, or a building line previously approved by a variance. June 7,2007 25 ZONING oS See Chapter 2, Article It Section 10 for the administrative adiustment process. 4. Accessory Structures. Pools, sheds, screen- roof enclosures, and other structures as provided in the Supplemental Regulations. Chapter 3. Article V. 5. Parkin2. As provided in Chapter 4. Article V 3. Off street parkin.g. f~s provided in Seotion 11 H hereinafter. June 7, 2007 26 ZONING E. R-2 SINGLE AND TWO-FAMILY RESIDENTIAL DISTRICT. ~ SINGLE AND T\VO P.'\MIL Y D'NELLING DISTRICT. TRese district regulations will ereate a maximam deesity of 9.~g dwelling l:l.D:its per acre. It is tlie intent to accommodate a compatible developmeBt of higher den:sity buildiags vn.tli eommon.ly called d-apleJ(es together \vifu single family dwolliags but at no lovfer standards of q-1:lality. This conventional district consists of certain lands and structures providing single- family and two-family residential areas with lot sizes of not less than 6.000 square feet for single-family. and 4.500 square feet per unit for two-family dwellings. The R-2 district allows a maximum density of 9.68 dwelling units per acre and corresponds with the Medium Density Residential (MeDR) future land use classification. 1. Use(s) Allowed. B. CWSTER DEVELOP1ffiNTS. A clasterofgroups ortY/o (2) or more siBgle family struetl:lres may be perm.itted ia aU resideetial districts witli the f-ollowiBg requirements: fJl duster ROUSing dtwelopment plans shall be submitted t-o tlie plB:tlftiBg aBd de>lelopment board as a plam.J.ed unit de'lelopment. (See "Use Matrix" - Chapter 3. Article N. Section 3). 1. Use perm.itted. VlitmB any R 2 single or two family resideetial distriet, no baildiBg, strneture, land or water shaH be used eK6ept f-or one of the f-ollowing ases: a. Any use perm.itted in tlie R 1 .VJ.., R 1 .^..... \B, R 1 .V.., RIA, and R 1 districts. b. Two family dVlelliBgs. c. 'N1:lfsery sooools, day eare oeeters an.d other presehool faeilities* (see SeetioB 11 C) 1 f... CoaditioBal ases allowed. Those ases speeified in subsection 5.P .1. above which are follow:ed by an asterisk (*) shall be deOfRed to be conditioaal uses, whieh may be oonsidered and granted in accordaBoe witR proeedt:w'6s set fortB. ia Seetion 11.2 hereiaa-fter. 2. Buildin2/ Site Re2ulations. 2. BaildiBg an.d site regulatioBs: a. The follo'l{ing lot and building reqairements sRall be observed: June 7, 2007 27 ZONING Existing and / or planned single family homes shall conform to the R-l district requirements. However, for duplex homes, the following lot and building requirements shall be observed: BUILDING I SITE REGULATIONS R-2 District Minimum lot area (per unit): 4,500 s.f. -- Minimum lot frontage: 75 feet -_.--~ -- Minimum yard setbacks: Front: 25 feet I Rear: 25 feet2 Interior side: 10 feet I Comer side: 25 feet'2 -- Minimum living area: 750 s.f. ---- Maximum lot coverage: 40% 0.1 03 -- Maximum Floor Ratio Area (FAR) Maximum structure hei2ht: 25 feet4 1 Pursuant to Chapter 3, Article III, Section 8.B., parcels that have frontage on Martin Luther King Jr. Boulevard and are located within the Martin Luther King Boulevard Overlay Zone shall have front, side interior, and side comer setbacks in accordance with the Mixed Use-Low Intensity 1 zoning district (see Chapter 3, Article III, Section 6.H.). ~ e. On comer lots, the side setback adjacent to the street shall be not less than one-half (1/2) the front yard setback. However, where orientation of adjacent lots on both street frontages provide typical front yard setbacks, the comer lot shall provide for front yard setbacks along both streets. When two (2) front yard setbacks are provided for on a comer lot, no rear yard setback shall be required, only side yard setbacks shall be imposed. J A Floor Area Ratio (FAR) up to 0.10 may be considered for non-residential uses allowed within the R-2 district (see "Use Matrix" - Chapter 3, Article N, Section 3.), pursuant to the Medium Density Residential land use category of the Comprehensive Plan. 1 Not to exceed two (2) stories. Minimum lot area 4,500 square feet per June 7, 2007 28 ZONING dwelling 'HBit MiBiml:lfB lot frontage 75 f-eet Miflim'Hm frOBt yaTd 25 feet MiBim'Hm rear yard 20 feet MiBim'l:lfB side yard 10 feet each. side Miffim1:lfB liviBg Mea 750 SqUMC feet Maxim1:lfB lot eOYlerage 10 pereent Maximl:lfB struehH'-e height 25 feet, not to exeeed 2 stories b. For siBgle family, 'Hse R 1 regulatioBs. R-2 Minimum Lot Area 4,500 sq. ft. per unit Max. Lot Coverage 40% Min. Uving Area 750 sq. ft. per unit 4. Accessory Structures. Pools. sheds. screen- roof enclosures. and other structures as provided in the Supplemental Regulations. Chapter 3. Article V. 5. Parkin2. As provided in Chapter 4. Article V.. 3. Off street parkiBg. }.I.S provided iB 8eetioR 11 H hereinafter. June 7, 2007 29 ZONING F. R-3 G-: MULTI-FAMILY RESIDENTIAL DISTRICT. MULTIPLE FAMILY D\lfELLING DISTRICT. These distriet regulations will ereate a maximl:lffi density of 10.8 dwelling units per acre. This conventional district consists of certain lands and structures providing multiple-family residential areas with a lot size of not less 4,000 square feet per unit. The R-3 district allows a maximum density of 10.8 dwelling units per acre and corresponds with the High Density Residential (HDR) future land use classification. 1. Intent. It is the intent of this district to provide a higher residential density that whieh encourages vertical structures and flexibility in multiple-family living and that a oertain amolffit of multiple family dwelling is neeessary and desirable and oan complement certain areas if located appropriately and if properly designed. Therefore, factors to be considered are: a. The location and nature of the area. b. An area of substantial size to provide a buffering or graduation of uses to be considerate or to complement adjacent uses or districts. c. The proximity to large concentrations of activities such as business, employment, and other facilities and services. Sufficient and definitive traffic arteries to adequately service the area. d. Designs that provide light, are passage, water drainage, ingress and egress, parking and traffic circulation, open space and on-site recreation, maintenance areas and community meeting provisions for the inhabitants. 2. Use(s) Allowed. (See "Use Matrix" - Chapter 3, Article IV, Section 3). 1. Uses permitted. 'Nithin any R 3 multiple family dwelling distriet, no building, structure, land or water shall be used except for one of the following 1lSeS-7 a. ,^illy use permitted in the R 1 /\.J.^~^~, R 1 ,^u^~B, R 1 ,^u^~, R 1 ,^~, R 1 or R 2 districts. b. Multiple family residential struotures, including apartments, eooperatives, oondominil:lffis, town houses, and June 7, 2007 30 ZONING their attendB:ftt recreational faoilities and haying no eommereial blisiness eonneeted therewith but OaR be equipped to serve meals to their occupants. c. Pri':ate clubs, lodges and fraternal organizations. * d. Golf oourses, swim.miRg and teHllis cloos, aRd similai" reereational facilities. * e. Rooming and bOai"diRg houses. * f. Comml:lfl:ity residemial homes with up to 11 residents as defin.ed iR Florida 8tatates Chapter 119. * LA~. Conditional uses allowed. Those uses specified above which were followed by an asterisk (*) shall be deemed to be oon.ditional uses, whioh may be oonsidered and granted iR aooordance ':/ith the procedures set forth in 8eetioR 11.2 hereinafter. June 7, 2007 31 ZONING 3. Buildin2 I Site Re2ulations: 2. Bliilding and site regulations: a. Formultiple family dwellings, rooming and boarding houses; and community residential homes: Existing and / or planned single family homes shall conform to the R-I district requirements. Duplex homes shall conform to the R-2 district requirements. Multiple- family and Group Homes shall conform to the following lot and building requirements: BUILDING I SITE REGULATIONS R-3 District (Residential Uses) Minimum lot area (per unit): 4,000 s.f. Minimum lot frontage: 1 00 feet ^----- Minimum yard setbacks: Front: 40 feet I Rear: 40 feet I Interior side: 20 feet Comer side: 40 feet Minimum living area: 750 s.f. Maximum lot covera1!:e: 40% -------- --- Maximum structure hei2ht: 45 feetl --- Minimum separation: 1,000 (for Group Commuaity Residential Homes) ~ feet (radius) 1 Not to exceed four (4) stories. 1,000 square feet 1 00 feet 10 feet 10 feet 20 feet each side 750 square feet per unit 10 percent 15 feet, not to exeeed 1 stories Minimum spacing between 1,200 feet (radius) community residential homes Minimum lot area Minim1:H'Fl lot froatage Minim1:H'Fl front yard Minimum rear yard Minimum side yards Minimum living area Maximum lot coverage Maximum structure heigllt b. Single family dwellings shall conform \vith R 1 requirements (see Section 5, paragraph E 2). Duplex dV/ellings shall conf-orm to R 2 requirements (see Section 5, paragraph F 2). c. ;\11 other permitted uses: June 7, 2007 32 ZONING MiniBTUfB.lot area Minimum lot frontage MiB..iml:lfB. from yard Minimum rear yard MiniTnlllB. side yards MiniTnlllB. living area applieable regulatory ageBCY MaxiTnlllB. lot coverage 10 pereent ~4aximum strl:lcttwe height 1 stories, Bot to exeeed 15 f-eet in height 20,000 sqaare feet 100 feet 40 feet 10 feet 20 feet eaeh side ;\s governed by R-3 40' . ..-..". Minimum Lot Area 4,000 sq. ft. per unit Max. Lot Coverage 40% Min. Uving Area 750 sq. ft. per unit June 7, 2007 33 ZONING All uses, other than single-family, duplex, multi-family, or Group Homes, shall observe the following lot and building requirements: BUILDING I SITE REGULATIONS R-3 District (Non-Residential Uses) Minimum lot area: 20,000 s.f. ~- Minimum lot frontage: 1 00 feet ~- Minimum yard setbacks: Front: 40 feet Rear: 40 feet , Interior side: 20 feet I Comer side: 20 feet I I Minimum living area: N/A1 - -- Maximum lot covera2e: 40% Maximum Floor Area Ratio (FAR) 0.102 Maximum structure height: 45 feet3 1 As governed by the applicable regulatory agency. ;?, A Floor Area Ratio (FAR) UP to 0.10 may be considered for non-residential uses allowed within the R-3 district (see "Use Matrix" - Chapter 3, Article IV, Section 3.). pursuant to the High Density Residential land use category of the Comprehensive Plan. J. Not to exceed four (4) stories. 4. Accessory Structures. Pools, sheds, screen- roof enclosures, and other structures as provided in the Supplemental Regulations, Chapter 3, Article V. 5. Parkin2. As provided in Chapter 4, Article V. 3. Off street parking. L^"S pro';ided in Section 11 H hereinafter. June 7, 2007 34 ZONING G. IPUD PLANNED UNIT DEVELOPMENT DISTRICT. L. INFILL PLANNED UNIT DEVELOP MENT (IPUD). The Infill Planned Unit Development (IPUD) District standards and regulations are created for the purpose of allowing flexibility to accommodate infill and redevelopment on parcels less than five (5) acres in size. Parcels five or more acres in size shall comply with normal Planned Unit Development regulations found in Chapter 3. Article III. Section 4.B Chapter 2.5 of the Land Development Regulations. 1. Intent. Intent and exp6etatiofls. a. The IPUD regulations are intended to be used in situations where new development or redevelopment is proposed within an already developed area or neighborhood located in the Federal Highway Corridor Community Redevelopment Plan, Study Areas I and V. A mixture of uses including residential, retail commercial and office, may be allowed to the extent that no land use conflicts will result and the basic intent of the Zoning Code and the Comprehensive Plan will be followed. lr. It is a basic public expectation that landowners requesting the use of the IPUD district will develop design standards that exceed the standards ofthe basic development standards in terms of site design, building architecture and construction materials, amenities and landscape design. The extent of variance or exception to basic design standards, including but not limited to requirements for parking spaces, parking lot and circulation design, and setbacks, will be dependent on how well the above-stated planning expectations are met in the proposed development plan. &.- The IPUD shall minimize adverse impacts on surrounding property. The city is not obligated to automatically approve the level of development intensity requested for the IPUD. Instead, it is expected to approve only such level of intensity that is appropriate for a particular location in terms ofland use compatibilities. The city may require, as a condition of approval any limitation.. condition, or design factor that will provide a reasonable transition to adjacent development. 4- In order to be approved, an IPUD project must be compatible with and preserve the character of adjacent residential neighborhoods. Further, it must be an June 7, 2007 35 ZONING enhancement to the local area and the city in general. Presentation of projects that fail to do so will be denied. e: Each IPUD project is independent and will be evaluated solely on its own merits. The inclusion of certain features in a previously approved IPUD project will not be entertained as a valid argument for the inclusion of that same feature in any other IPUD project if the city decides to reject those features. 2. Densitv. The maximum allowable density is determined by the applicable Future Land Use classification of the Comprehensive Plan. The IPUD district allows a maximum density of 10.8 dwelling units per acre, which corresponds with the High Density Residential (HDR) future land use classification or 20 dwelling units per acre in accordance with the Special High Density Residential (SHDR) future land use classification. 3. Application to Rezone. 2. L^..pplieation prooess. a. The procedures and requirements to rezone a parcel to IPUD shall be in accordance with Chapter 2, Article II, Section 2 for applying for rezoning to the IPUD district are the SaHle as those f-or rezoning to the PUD distriot as stated iFl Chapter 2.5, Seotiofl 10, of the Land Development Regulations. b. When the IPUD is to be developed III a single phase, the site plan for the development may also represent the master plan. c. The entire property proposed for development as an IPUD shall be under common ownership or unified control, so as to ensure unified development. 4. Use(s) Allowed. 3, Article IV, Section 3). f. (See "Use Matrix" - Chapter Mixed land uses. (l) V/ithin the !PUD, mixed land uses may be proposed. (2) Commercial uses shall only be allmved for de';elopments frontiFlg on streets elassifiea as "arterial" June 7, 2007 36 ZONING on the "F\:H1etional Classification of Ro a&:/ays " map in the Boynton Beaeh Compreheflsive Plan. (3) Such developmem: m1:lst be fOlHld cOlRflatible with adjacent l:lses and established design eharaeteristics. ( -1) L\ny commercial1:lses shall be sm.all seale retail and services, primarily to serve the residents of the IPUD, and not the public in geBeral. (5) L\ny eommereial1:lses m'Ust froftt OR the arterial roadway or OR an access wholly eontamed 'llithiR the projeet v;ith neither eBtFaBee nor exit on or visible from or disrupti'/e to adjaeoot properties, streets, aBd rights of way. 5. Buildin2 / Site Re2ulations. 3. De'lelopment standards. The following building / site regulations apply to the entire IPUD development. BUILDING / SITE REGULATION IPUD District Minimum project area: I acre Maximum project area: 5 acres Minimum lot frontage: Flexiblel Minimum perimeter yard setbacks: Front: Flexible2 Rear: Flexible2 Interior side: Flexible2 Corner side: Flexible2 Maxbnumlotcovera~e: 50% Minimum usable open space (per dwellin2 unit): 200 feet Maximum Floor Area Ratio (FAR) 0.203 Maximum structure hei2ht: 45 feet4 1 To be determined on a case by case basis. depending on the overall project design. ~ Buildings shall mirror setbacks of adiacent zoning district( s) but with a minimum of the setback required for a single-family residence. as determined bv the orientation of structures in the IPUD. June 7, 2007 37 ZONING J A maximum Floor Area Ratio (FAR) of 0.20 may be allowed for non-residential uses within the IPUD district (see "Use Matrix" - Chapter 3, Article IV, Section 3), pursuant to the Special High Density Residential land use category of the Comprehensive Plan. A lesser building height may be required for compatibility with adiacent development. 4 1 acre 5 aei"es 15 feet (lesser height may be required for compatibility with adjacent development) MaJdml:lflllot co';eragc (buildiag) 50% Ma)(imum deasity Determiaed by land use 10.8 du/ac for land classified High D6flsity Resid6fltial (HDR) or Local Retail Commercial (LRC) MaJ(iml:lfll density 20 du/ac f-or lands classified Special High Density Residential Minimum lot area Maximl:lflllot area Maximum height 6. Parkin2. As provided in Chapter 4, Article V. 7. Modifications Any modification proposed within the IPUD shall be in conformance Master Plan modifications pursuant to Chapter 2, Article II. Section 3.1. 8. Miscellaneous. The IPUD district contains additional standards unique to building design, screening. and buffering, compatibility, vehicular circulation, exterior features, and natural features. Refer to Chapter 4, Article II, III, and Article VIII for these additional development standards. June 7, 2007 38 ZONING H. PUD Planned Unit Development district K. PUD PLANNED UNIT DEVELOPMENT DISTRICTS. Chapter 2.5 of the Land Development Regalatiol'ls is hereby meorporated by refereBee into these zonil'lg regulatioRs, aRd all planned liftit de-velopmems shall be eOl'lsidered zOl'ling distriets OR the offieial zOBmg map. Chapter 2.5, aRd an plaBRed 'llfl:it developments approved il'l aooOfdanoe with Chapter 2.5, shall be sltbjeot to an applieaBle proyisiol'ls of these zOfling regulations, exoept as otherwise provided f-or il'l Chapter 2.5. CHAPTER 2.5 PL\N1'IED IDHT DEVELOPMENTS SeatioR 1. Seation 2. SeatioR 3. Section 1. regulations Seotiol'l 5. Seation 6. Seotiol'l 7. Section 8. Seotiol'l 9. Seotion 10. Section 11. SeatioR 12. Seotiofl 13. June 7, 2007 mtent and purpose DefiBition N omenelature RelatioR of land lise iRtensity (WI) ratiRgs to Mimmum. land areas for PUD URifiea eoBtrol Uses permitted LooatioRal staRdards for PUD's Internal PUD staRdards Prooed-u.i-es for zonil'lg ofland to PUD Prelimmary and fiRal d6Y/elopment plaRS Plan modification ZOfling admiRistrator 1. Intent. Seetion 1. mtent and purpose. A Planned Unit Development District (PUD) is established. It is intended that this district be utilized to promote efficient and economical land use, improved amenities, appropriate and harmonious variety in physical development, creative design, improved living environment, orderly and economical development in the city, and the protection of adjacent and existing and future city development. The district is suitable for development, redevelopment and conservation of land, water and other resources of the city. Regulations for planned unit developments are intended to accomplish the purposes of zoning, subdivision regulations and other applicable city regulations to the same degree that they are intended to control development on a lot-by-Iot basis. In view of the substantial public advantages of planned unit development, it is the intent of PUD regulations to promote and encourage development in this 39 ZONING form where tracts suitable in size, location~ and character for the uses and structures proposed are to be planned and developed as unified and coordinated units. Section 2. Definition. A "planned unit de';elopment": A. Is land ooder unified oontrol, planned and de';eloped as a whole in a single development operation of an approved progFafllmed series of de'/elopment operations for dVlelling units and related uses and facilities; B. Includes prinoipal and aeeessory uses and struotures substantially related to the character of the de'/elopment itself and the slHTounding area of which it is a part; C. Is developed aeeording to oomprehensive and detailed plans '.,<,hich include streets, utilities, lots, building sites and the like and site plans, floor plans and elevations for all buildi1'1gs exoept for single family homes intended to be loeated, oonstructed, used and related to one another, and detailed plans f-or other uses and improvements on the land related to the buildings; D. Includes a pl'OgFftffl for full provision, maintenance and operation of such areas, improyements, facilities and unit developmeat, hat will 1'1Ot be provided, operated or maintained at publie expense. Section 3. 1'1omenelature. The boundaries ofland zORed to pun classification shall be indieated on the offioial zoning map '.'lith the s)mbol "PUD" together with the land use intensity (WI) rating assigned at the time of zoning, 'Nhich shall be used for such lands. Section 1. Relation of land use i1'1tensity (LVI) ratings to regulations. The land use intensity (LUI) rating assigI'l:ed at the time of zoni1'1g land to PUD correlates for the proj ect the required land area, floor area, open spaee, living space, recreation space, off street parking and other matters. The various ratios, based on WI ratings, shall be as shown on Table 1. TABLE 1 LVI R.'\TINGS WITH ST}..NDf..RD RJ\TIOS June 7, 2007 40 ZONING LVI WI WI WI WI 3.00 ,1.00 5.00 6.00 7.00 MiBimum lot area (in 25 20 15 10 5 acres) Residential uses oB1y: MiniBTl:llll lot area (in 100 80 60 10 20 aeres) 'Nith commereialllSes: Maximl:lHi pereent of 5 5 6 8 10 totallan.d area which may be llsed for eommereial plUfloses: Floor area ratio 0.10 0.20 0.10 0.80 1.60 (FAR):* Opea spaee ratio 8.00 3.80 1.80 0.80 0.13 (OSR): Liying space ratio 6.20 2.60 1.10 0.50 0.27 (LSR): ReereatioB space 0.25 0.18 0.12 0.09 0.07 ratio (RSR): * }~s iBdieatea and ref-ereneed by HUD PublieatioB #7. MiBi-mum stan.dards f-or m1:1lti fafBily ho:asiBg shall be those miBimum staBdards as set f-orth iB the Stan.dard Building Code. .^~pplieatioB of 000'/6 ratios: F.'\.R x lot area - Maximl:lm permitted floor area. Actual floor area x OSR Minimum required open ~ Aet1:1al floor area x LSR - MinmulfFl req-1:1i-red living 5f*le6 June 7, 2007 41 ZONING (not for automobiles), part of required open spaee;- <^.ctual floor area x RSR - Minimum countable reei"eation space, part of required living space. Floor area as computed from FAR, shall include the floor ocea of all permitted principal or accessory uses except oceus for parking, storage, eleyator hoist equipffioot or maehinery, heating or air conditioning equipment, and the like; and requirem.eB.ts deriving from floor areas shall inehlde such floor ocea. Section 5. Minimum land areas for PUD. .^. tract of land proposed f-or zoning to PUD at a request LUI rating shall contain minimum aereage in accordance v{ith Table 1 aboTle. Lesser oceas than those set out in Table 1 may be approved for PUD in a specific ease UpON findings by the planning and development board and the governing body that particuloc cireurnstances justify sueR reduction, that the requirements for PUD and the benefits to be derived from PUD can be met in such lesser ocea, and that permitting such lesser ocea for PUD is in conformity vlith the comprehensive plan. Section 6. Unified control. Section 7. U SelS permitted. 2. Densitv. The maximum allowable density is determined by the applicable Future Land Use classification of the Comprehensive Plan. 3. Locational Standards. Section 8. Locational standocds f-or PUD's. In reaching recommendations and decisions as to zoning land to PUD~ the advisory board(s) and City Commission classification and the LUI rating of such classification, the planning and developmoot board and the goyeming body shall apply the following locational standards, in addition to the standards applicable to the rezoning ofland generally: !:. Maior Transportation Facilitv. /:r; REL^~TION TO MAJOR TR...^.NSPORTATION F/\CILITIES. A PUD shall be so located as to June 7, 2007 42 ZONING major roadways or other transportation facilities as to provide direct access to it without creating or generating traffic along streets in residential areas or districts outside it. b. Public Facilities and Services. B-:- RELA~ TION TO UTIUTIES, PUBUC FACILITIES AND SERVICES. A PUD shall be located in relation to sanitary sewers, water lines, storm and surface drainage systems, and other utilities systems and installations so that neither extension nor enlargement of such systems will be required in manner, form, character, location, degree, scale or timing resulting in higher net public cost or earlier incursion of public cost than would development in forms permitted under existing zoning in the area. Such PUD's shall be so located with respect to necessary public facilities (e.g., schools, parks, playgrounds) as to have access to those facilities in the same degree as under existing zoning, and shall be so located, designed and scaled so that access for public services is equivalent to, and net cost for the services under existing zoning. ~ TOPo2raphv. C. PHYSICA~L CHAR..A~CTER OF THE SITE. The site shall be suitable for development in the manner proposed without hazards to persons or property, on or off the tract, from probability of flooding, erosion, or other dangers, annoyances, or inconveniences. Condition of the soil, groundwater level, drainage.. and topography shall all be appropriate to both kind and pattern of use intended. d. SeetioR 9. Intern.aJ PUD standards. ffi addition to the standards set in Seetion 1, Table 1, of these zoning regulations, tlle follov:ing standards apply witllin a PUD District. Access. Ir. f\.CCESS. Every dwelling unit, or other use permitted in the PUD, shall have access to a public street eithef directly or via an approved private road, pedestrian way, court, or other area dedicated to public or private use, or common element guaranteeing access. Permitted uses shall not be required to front on a dedicated public road. June 7, 2007 43 ZONING B. INTERl-L^...L LOTS l\ND FRONL^1GE. 'Nithin the bOlifldaries of the PUD, no miniml:lffi lot size or minimum ym-ds shall be required; provided, hO':lever, that PUD frontage on dedieated pl:lblic roads shall observe front ym-d requireHlents in accordanoe v/ith the zoning district the PUD use most olosely reseHlbles and that peripheral ym-ds abutting other zoning distriets shaH be the same as required in the ahutting zone. C. OFF STREET P.^..R.T(]NG '^1ND REQUIREMENTS. Off street parking shall be in aceordance with the off street pm-king reql:lirements within Chapter 2, Section 11.H D. COMMERCL^1L ST'^1NDARDS. Commercial uses located in a PUD m-e intended to serve the needs of the PUD and not the general needs of a surrounding m-ea. The maximlHR area within a PUD which may be deyoted to neighborhood commercial uses, including required off street parking requirements, is gO'/emed by Table I, Seetion 1 and Section 9C. Areas designated f-or oommereial activities shall not generally front on exterior or perimeter streets, and shall be preferably centrally looated within the project unless these criteria would be inconsistent with, or contrm-y to, adopted redevelopment plans. In instanees where a PUD in the Community Rede'/elopment ,'\rea includes commercial uses, it shall be deyeloped consistent with adopted design guidelines or requirements contained in redevelopment plans. ~ Utilities. E. UNDERGROUND UTILITIES. Direct residential and/or consumer service should be by underground installation to the maximum extent practicable. However, primary service to a general geographic area may be overhead. Appurtenances to these systems which require aboveground installation shall be effectively screened, and, thereby, may be excepted from this requirement. Primary facilities providing service to the site of the PUD may be excepted. F. RIGHTS OF \Vi\. Y. The minimum '.vidth of a right of ':Iay for a principal street in a PUD is forty June 7. 2007 44 ZONING (10) f-eet. Priyately o'.vned streets providiBg seoondary vehiel:llar eiroulatioFl internal to the PUD may be eonsidered for appro';al with rights of way and pavefnoot widths less than the requirements state iFl the city's Land De'/elopmeB-t RegulatioFls; however, in no case shall health, safety, welfare, or effieieFleies of public serviees be jeopardized. (01'{1. No. 99 17, ~ 1,6 15 99; Ord. No. 01 10, ~ 3,2 6 01; Ord. No. 05 031, ~ 2,7 1905; Orn. No. 05 059, J 1, 10 5 05) 4. Application to Rezone. !: The procedures and requirements to rezone a parcel to PUD shall be in accordance with Chapter 2. Article II. Section 2. b. When the PUD is to be developed in a single phase. the site plan for the development may also represent the master plan. ~ Seetion 6. Unified COFltrOl. All land included for purpose of development within PUD district shall be under the control of the applicant (an individual, partnership, or corporation or group of individuals, partnerships, or corporations). The applicant shall present satisfactory legal documents to constitute evidence of the unified control of the entire area within the proposed PUD. The applicant shall agree to: ill -A-: Proceed with the proposed development according to the provisions of those zoning regulations and conditions attached to the zoning ofthe land to PUD; ill B. Provide agreements, contracts, deed restrictions and sureties acceptable to the city for completion of the development according to the plans approved at the time of zoning to PUD and for continuing operations and maintenance of such areas, functions and facilities as are not to be provided, operated or maintained at public expense; and June 7, 2007 45 ZONING ill G- Bind their successors in title to any commitments made under A and B above. All agreements and evidence of unified control shall be examined by the city attorney and no zoning of land to PUD classification shall be adopted without a certification by the city attorney that such agreements and evidence of unified control meet the requirements of these zoning regulations. Section 10. ProcedlH"es for zoning ofland to ~ The prooedures for zORing of land to PUD classification with a speoifio LUI rating shall be the same as f{)r zoniRg land generally. Beeause of the differenoes bet'.veen PUD developments aRd the ooneClflt of unified control in de'lelopment, however, the following proeedltfes and requirements shall apply to applioations for zoning to PUD classifioation, in addition to the general requirements: ,^~. f~PPLICATIONS; MATERL^~LS TO BE SUBMITTED. In addition to information reCfl:1ired f{)r applieation for zoning generally, the applioant shall submit the follo'Ning materials or data: 1. Legal doe-uments assuring unified oontrol of the proposed PUD and the agreemeflts required under Section 6. 2. 1^~ statement as to the LUI ratil'lg sought for the PUD and such. supporting evidence or dooomefltation as the applicant may feel is pertineflt to enable the plafllling and development board and the gO'lerning body to determine whether or not the LUI rating requested is reasonable and proper. 3. /\. site development plan containing: June 7, 2007 46 ZONING a. The title of the projeet lHld the names of the professional pmject plafJfler lHld the developer; b. Scale, date, north arrow and generalloeation map; e. Bormdaries of the property in'lohed, all t*isting streets, buildings, water eO'l:H"ses, easemems, section liDes lHld other ~dstiflg i-mpOrtlHlt physieal features in and adjoining the projeet; d. Master plan loeations of the differ-oot l:lses preposed by dwelling types, open spaees desigaations, reereatioaal faeilities, eommereialuses, other permitted uses, lHld off street parking and off street loading 10eatioBs; e. Master pllHl sho'Ning aeeess and traffle flow lHld how yem.oolar traffic will be separated from pedestrian and other types of traffle; f. Tabwations of total gr<lSS aereage ia the de'ielopment and the percentages thereof pmposed to be de'/oted to the se'leral dwelling types, ether permitted uses, reereatioaal faeilities, streets, pai'ks, seflools lHld other reservatioas; g. Tabulatioas aemonstratiBg the relationship of the development to pn)posed WI ratiag as showfl in TaBle 1, Section 1, lHld proposed B-1:HB-bers and types of dwelling uflits; and h. '.l/here req-urred by the area plannmg board, lHl environmental impact study shall be sl:lflplied. d. 4:- A statement showing modifications of zoning or other applicable city regulations where it is intended by the applicant that such modification serves the public interest to an equivalent degree. June 7, 2007 47 ZONING PROCEDURES. On applieation f-or z?ning of ~d to PUD "'as,ilia.lion, tit. pl.mu~ :'~ " ment board and gO'ltWnIng bo~) s a d;~:.: in geR<lf8l as fur otlter lljlpliaal1ons. for p. f I d gi"ing special consIderatIOn, zOnIng 0 an , . nts 1.. m" to the follo'Niag matters and reqmreH'le. ' t1One,ef, . . licationpnor d allomiag changes m the ZOnIng app a un nIt bour to the req1:1ired planniag and deve opmen public hearing, as follovls: 1. Pre heariag eonferefl:ce wit~ applic~ts. On req1:lest by the applicant, the CIty p~ann~~~ cons1:1ltant and represent~iYest o~ sl~:e~tt \\~h th~ denartments as may be pertmen , ~ a Ii . ginal l' 1- e"lem t-e on 1 . t or his agent .0 r, n appllean. and doeuments application, incl1:1dIB:g an plans, maps f ch amitted by the applicant. The pu~o~e o. s~ ';e hcari~ eomerenaoo ,hall be to asSlDt lR:;,n!ll~g l' . . afl..' as POSSltl16 mlOO the overall petItion as ne.J . I 'in . t ,m' th these or other regulatIOns app) g confonm ) n 1 . I a a/sr to define generally to the property mvo ';e an, l' tion of . fi n' those ';ariations from app ICa . spem ca). ft. Ii :Rear justified in VIe>.v of general regulatIOns VI IC aPr .c 1.. Ii al' perposes Or SUCH equivaleat service of t e pu IC regulations. In the course of such pre hearing conferences, any recommeNdations for changes ~~:~ 1.. ...le...l l'~ n..,;1-ing and shall become part 0 1:Ie reeorU-tt rI nulO . Ii n . ft ^ 11 S1:1efl recommendatIOns s a record m t €I case. ... I for b 1:1 orted by stated reasons for the pro~~sa . ~ s pp 'T'1..e annlicant shall state in ';mtmg h~s CHange. -rt1 1'1' ...l' Sf hIS t to sueh recommenuatIOns, ~eeffioo d . f there is disagreefl:'loot, shall in dwagreefl:'lefl:t, an 1 .c a suoh . . . dicate his reasons there.tOr, an ;:~;~n~e~n by applicant shall be included in the record. ^ t such time as further conferences appear . .. , time on the req1:1est of Ullaecessary or at an) . d the ~ . Ii n ae gl"en an applieant, pablie notIee sa. b d hearing bef-ore the pllHH1ing and develo~men~uto:~e held as for other applications for Z~~IHg,. , . d h . shall be on the petitIOn as It ma) notICe an eanng ft . d d f-ollo';/ing the pre eanng ha"e been amen e . a co~ferefl:ees rather than as originally s1:1bmItte . June 7,2007 48 ZONING 2. Plamling aFld development board findmgs afld reeommendations. .^..fter pub lie hearing, the pll:Hlfting and development board may reeommElBd t-o the governing body that the PUD zORing be graBted, slibjeet to stated stiplilations afld eondition, or disappr-oT;ed. In making its reoommeadations, the pl8fHl:iRg aFld development board shall find that the plans, maps and dOe\HflElBts submitted by the applieant and presented at the publie heariRg do or do not establish that the applieaat has met the reqi:l'iremeRts of SeotioFl -1 of these regulations applieable to zoning generally, afl:d in addition: a. The requirements of ooified oontr-ol and agreemeflt set Olit in Seotion 6; b. The loeational standards set out in Section 8; o. The internal PUD st8.fldards set Olit in Seetion 9; d. The traet for the proposed PUD is sliitable in terms of its relationships to the oity oomprooElBsiYe plan afld that the area ffi:1lTol:1fidmg the proposed PUD oan eORtift1:le to be dtweloped in eoordinarlon aRd slibstafltial eompatibility ':Iith the PUD proposed, mel'liding oyerall dwelling l:IDit deflsity afld peripheral transitions in ooeh density; e. That the desirable modifioations of general zoBing or PUD regulations as applied to the particular ease, justify Sliefl modifieatioR of reg1:llations and meet to at least an eq1:li'/alen-t degree the regulatioRs modified, based OR the desigB. afld am.emties iReorporated iR the site d6Y;elopmeat plan; f. That increased OpElB Sf)aee is pro';iaed for the oO<*lpan-1:s of the proposed PUD and the general poolie, and desirable nataral f-eatures indigenous to the site are preserved in the d(.welopment plan presented. 5. Use(s) Allowed. (See "Use Matrix" - Chapter 3. Article IV. Section 3). B. The PUD district allows Inellides principal and accessory uses and structures June 7, 2007 49 ZONING substantially related to the character of the development itself and the surrounding area of which it is a part~~ Section 7 . Uses permitted. In a PUD Distriet, buildings or structures, or land, or \vater shall be used only for the follo'..ving purposes: A. Single family d';/ellings; B. Two family dV/ellings or duplexes; C. Multiple family dwellings, townhouses, garden apartments and cluster housing; D. Private, nonprofit clubs, community centers, civic and social organization facilities; E. Private parks, tennis eolirts, playgrOl:mds, putting greeflS, golf cmuses, driving ranges and other recreation facilities; F. Public utility buildings, structures, and facilities neoessary to service the surrounding Neighborhood; G. Houses of worship, schools, nursing homes, nursery schools, kindergartefls and hospitals; H. "Neighborhood" commercial uses which are determined at the time of zOlTing to PUD, to be oompatible with the existing and fu..t1He development of adjacent and nearby lands ol:1tside the PUD; 1. Other uses of a name similar to those listed, after determination and recommendation by the planning and development board, a determination by the governing body at the time of zoning that the use or uses are appropriate to the PUD de'lelopment. J. Permitted uses for a PUD District shall be specified in the application f-or zoning ofland to PUD classifieation. K. Prohibited use. .^JlY structure more than f-orty five (15) feet in height and more than four (1) stories. June 7, 2007 50 ZONING L. Heme o001:lpatioBs oOflsisteBt '.'lith Chapter 2, Seetiofl ll.n. are permitted without the Beeessity ofbeiBg speeified at the time of ZOniBg to PUD. 6. Buildin2 / Site Re2ulations. The following building / site regulations apply to the entire pun development. BUILDING / SITE REGULATIONS PUD District Minimum project area: 5 acres Minimum lot area: Flexiblel Minimum lot frontage: Flexiblel Minimum perimeter yard setbacks: Front: Flexiblel Rear: Flexiblel Interior side: Flexiblel Corner side: Flexiblel Maximum lot covera2e: N/A Maximum structure hei2ht: 45 feet2 1 No minimum lot size (internal to the PUn) shall be required. provided however. that PUD frontage on dedicated public roads shall observe front yard requirements in accordance with the zoning district the pun use most closely resembles and that peripheral yards abutting other zoning districts shall be the same as required in the abutting zone. 2, No more than four (4) stories. 7. Parkin2. As provided in Chapter 4. Article V. 8. Modifications Any modification proposed within the pun shall be in conformance with Master Plan modifications pursuant to Chapter 2. Article II. Section 3.1. SeetioR 12. Plan modifieatioR. Master plans approved dariRg the proeess of rezoBiBg to PUD may be eonsidered f-or modifieatiofllipoB applicatiofl to the dffeetor of planning and zOBiBg, St1bmissioB of acceptable doemn.entatioB, and paymeBt of the master plan modifieation f'6e. The modificatiofl will be first re-yiewed BY the plafl:fling and zOfliBg department to detem1iflo whether the modifioo.tion is oonsistent with Bot OBly all emToot regulations bat also the inteRt and purpose of the eompreheflsh'e plan; and to determine whether the ehange is SUBstantial. June 7, 2007 51 ZONING Upon completion of the adIninistrative revie';l, findings will be forwocded to the planning and development board '..hich ,;;ill re'lie\.v all submitted doooments as well as staff comments '.'lith all the authority, functions, powers and duties vested in it by Chapter 1.5, .\rticle I, Seetion 1 ofthe Land Development Regulations. Tbe planning aRd de>/elopmoot boocd shall recommood to the City Commission that they approve the modification unconditioflally, appro'/e the modification with cOflditions and/or recommendations, or deny the modification. The board shall also reeommend to the City Commission that the modification be considered either major or minor. UpOfl completion of the plamI.-iflg and development board re'liew, findiflgs '.'(ill be forvvarded to the City Commission. The City Commission will first determifle \vhether the modificatiofl is maj or or minor. If the Commission finds the modification to be major, the request will be retamed to the applicant for processing as a new zoning application. The determination of'what constitutes a substaBtial change shall be at the sole diseretion of the Commission. If the Commission determ.iB:6s that the modification is minor, it will review all submitted doeumeflts as well as staff comments and planning and development board reoommendations. The City Commission may then approve the miB:or modifioation UflconditionaUy, approve the minor modification with conditions, or deny the minor modifioation. Non substantial (minor) modifioations will not extood time limitatiofls for development of property as stipulated in LDR Chapter 2, Section 9, paragraph C13. (Ord. No. 96-52, S 2, 1-21-97) 9. Miscellaneous. Section 3. Nomenclature. The boundaries ofland zoned to PUD classification shall be indicated on the official zoning map with the symbol "PUD", together with the land use intensity (LUI) rating assignea at the time of zoning, ,;.hich shall be used for sl:lch laftds. A Master Landscape plan will be required in accordance with Chapter 2, Article II, Section 3.F .23, when a property is rezoned to PUD. June 7, 2007 52 ZONING I. MHPD MOBILE HOME PLANNED DEVELOPMENT DISTRICT. This district consists of certain lands and structures providing mobile-home residential development. The MHPD district allows a maximum density of 7.26 dwelling units per acre and corresponds with the Moderate Density Residential (MoDR) future land use classification. 1. Intent. The MHPD district promotes efficient and imaginative design. approaches to community planning, and accommodates the housing needs of those residents who prefer mobile-home living and / or desire an economic alternative to conventional dwellings. 2. Application to Rezone. a. The procedures and requirements to rezone a parcel to MHPD shall be in accordance with Chapter 2, Article IT, Section 2. b. When the MHPD is to be developed in a single phase, the site plan for the development may also represent the master plan. !:: The entire property proposed for development as an MHPD shall be under common ownership or unified controL so as to ensure unified development. d. For those mobile home parks in existence prior to the adovtion of this ordinance, or annexed to the City subsequent to the adoption of this ordinance, the site regulations under which the park was developed shall continue in force. General maintenance and minor modifications to existing improvements shall be allowed, if such maintenance and improvements do not worsen the extent of non- conformity. Should the park be damaged in excess of 75%, redevelopment shall require submittal of a site plan for review and processing as a maiar site plan modification, to indicate how redevelopment will provide maximum compliance with development regulations, with particular emphasis on perimeter setbacks and buffering, and internal roadway design. and access for service and emergency vehicles. June 7, 2007 53 ZONING 3. Use(s) Allowed. 3, Article N, Section 3). (See "Use Matrix" - Chapter 4. Buildin2 I Site Re2ulations BUILDING I SITE REGULATIONS MHPD District Minimum project area: 1 0 acres --------- Minimum lot size: 4,200 s.f. Minimum perimeter setbacks: 25 feet I Special perimeter setback reduction for I principal and accessory structures: Abutting: 1-95 or railroad tracks: 50% Abutting: Intracoastal: 50% Abutting: Lakes: 50% Abutting: Golf Course: 50% Abutting: Canals wider than 150 ft 50% Abutting: Canals narrower than 150 ft 33% Abutting: Perimeter walls of 50o;() community that abut other than residential: Abutting: Commercial or Industrial: 50% Abutting: Public or private park: i 50% Minimum yard setbacks (per lot): i Front: 20 feet Rear: 1 0 feet Interior side: 5 feet Corner side: 1 0 feet -- Maximum lot covera2e: N/A ._~---- --------- Maximum structure hei2ht: 30 feet June 7, 2007 54 June 7, 2007 ZONING MHPD 25' Min. Perimeter setback "'" Min. Project Area 10 acres Min. lot Size 4,200 sq. ft. -, 20' I 5. Accessory Structures. !:. Structures of a r>ermanent nature shall not be added or attached to a mobile home. unless such mobile home is placed upon a site conforming to the minimum requirements for a mobile home. b. The combined area of all additions or attachments shall not exceed the grOSS area of the mobile home itself. Carports are not included in the above limitation provided that the width of the individual lot is adequate for separation requirements. 6. Parkin2. As provided in Chapter 4. Article V. 7. Modifications Any modification proposed within the MHPD shall be in conformance with Master Plan modifications pursuant to Chapter 2. Article II. Section 3.1. 8. Miscellaneous. !:. No part of any mobile home. or any addition or appurtenances thereto shall be located within 10 feet of any accessory or service building or structure used in connection with a mobile home park. 55 ZONING b. Additional perimeter buffering and landscape material may be required as recommended by the Director of Planning and Zoning to ensure compatibility with adiacent properties. June 7, 2007 56 ZONING Section 3. Commercial Districts. distriet l'egulatioBs and ase provisions. Seetioa 6. Commereial A. C-l OFFICE AND PROFESSIONAL COMMERCIAL DISTRICT. These district regulations will provide appropriate space for office and professional uses, located to provide ready access to such services for all. 1. Use(s) Allowed. (See "Use Matrix" - Chapter 3. Article IV. Section 3). 1. Uses permitted. ',VitlHa any C 1 effiee aBd professional zoaing distriet, no buildiag, stmeture, land or "'later, or any part thereof, shall be ereeted, altered or ased, ia whole or in part, exeept for Ofle (1) or more of the followiag speeified ases (siBgle family oce1:1:paney vmea iBeidootal aad aeeessary to main ase is permitted). Those l:lses, howey;er, ':rhiah are listed ia LA... below shall reqaire eonditioeal use approyal prior to thc establishment of these l:1ses: a. Clm-rel:1es and other plaees of worsmp and attendant aeeessory l:lses. Day eare eeflters, primary and seeoadary schools, seHiinaries, and eolleges aaa l:1f1iversities sha-ll not be eonstrued to be an aeeessory ase to a plaee of worship, hO':ICJ>.'er. b. Financial institutioflS, in eluding drive thFol:lgh facilities. c. Fl:lfleral homes. d. Funeral home v/ith Crematorium.. * e. Go';ernmeat faeilities, iBell:1ding pl:lblie eOfBfR1:laity eElftters, exell:laing l:lses ',\'fl.iah ha-ye extensive storage or maintElftanee faeilities, or storage or maiatElftanee as their priaeipal use. f. Hospitals. g. Medical and dootal offices aBd elinies. h. Nursiag and convaleseoot homes. i. Pha.rm.aeies, medieal aad Stifgical sapplies; orthopeaie, invalid and coa';aleseoot s1:1:pplies; eyeglasses and hearing ait:l!r. June 7, 2007 57 ZONING 1. ProfessioBal afld busiBess offioes. k. VeteriRary offiees afld olinies, excluding O'utdoor kennels, or keef'iBg of animals for purposes other than treatmeHt, afl:d excludiBg OIl site disposal of animals. 1. Reserved. m. Nlifsery soo.ools, day oare centers, and other presehool facilities* (See SeetioIl 11.C.). n. Instruetion or tutOriFlg, '.'lith a gross floor area of less thafl two thousand (2,000) square feet, limited to instruetion for office occupations, or aoademie tutoring, afld speeifieally excluding art, ree-reational, trade, or industrial instruction. O. llistruetioIl or tutoring, with a gross floor area of two thousafld (2,000) square feet or more, limited to instruction for office oCOOf'atioBs, or academic MOriBg, afld specifically excluding art, ree-reatioBal, trade or industrial iIlStructioIl. * p. .^~cademie soo.ools, regardless of floor area, including primary aBd seeondary soo.ools, sefB.inaries, colleges, and universities. q. COpyiBg servioe. PriBt shops shall be allowed subject to obtainiBg a hazardmw material or tmcie substance review in aecordaBce with Part II, Section 9 71 of this code. r. RestauraBts, * sl:lbjeot to the fDllO\viIlg cOIlditioIlS: (1) No restalifaflt is to be allowed in. afl office buildiBg or oompleJc ofless than twooty fi';e taolisafld (25,000) square feet.: (2) No restaffi"ant shall oeeupy more than fi';e (5) per cent ofthe total square f{)otage of the office b1:lildin.g or structure. (3) "P'lo sigaage for the restalifant shall be plaoed on any freestanding sign. for the office b1:lildin.g or complex. (4) Hours of operation shall be limited from 6:00 a.m. to 5:30 p.m. (5) SeatiBg shaH be limited to forty (10) seats or less. June 7, 2007 58 ZONING s. Barber shops, beffi::lty salons, m.anicurists, tailors and ckessmakers. * t. Doo.tallaboratories. * u. Reserved. Y. Photogaphy studio servioes e-xeluding retail sales of photogt'flpl:t.y and pictare accessories and developing/fiBisl:t.ing of oostomer film.. 1.}1 Conditioflal uses a11o\'/ed. These ases speeified above Hi suaseetion 6..^...1. wh-ieh are fullowed by an asterisk (*) shall be deemed to be eonditionaluses, whieh may be eonsidered and ganted in aeeoroanee 'lIith the proeedur-es set furtl:t. in 8eetion 11.2. IB. Fire Departmoo.t Hazardous Material Diselosurc required. I..H.Y l:lse listed 1:lllder e"^1.1. or 6.1\.1/1. above whieh l:lses, l:t.Bfldles, stores, displays, or geaerates hazardous materials, l:t.azardous waste, or a toxie suastanee as ilie same are defined by 10 Code ofFedeml Regt:tlatioFls, Part 261 or the Florida 8ubstanee List as set fortl:t. in Rale 1'^1 62.004, Florida AdministFative Code, shall reqaire a Fire DepartmeBt Hazardous Material Diselosl:H'e in aeeordBflee with Part II, 8eetion 9 71 ofthis eode. 2. Uses pI'Ol:t.ibited. ;\ny olXtdoor display ofmerehandise. a. l..ny outdoor display ofmerehandise. b. Self service storage faeilities (mini '.yarehol:lse). June 7, 2007 59 ZONING 2. Buildin2/ Site Re2ulations. 3. Building and site regulations. No building or portion thereof shall be erected, constructed, converted, established, altered, enlarged or used unless the premises and buildings shall comply with the following regulations: BUILDING I SITE REGULATIONS C-l District Minimum lot area: 9,000 s.f. Minimum lot frontage: I ~=V~:~:~ Minimum lot depth: Minimum yard setbacks: Front: I 30 feet Rear: 120 feet Abutting: Residential district(s) 30 feet Interior side: 11 0 feet Abutting: Residential district(s) I 30 feet Comer side: i 1 0 feet Abutting: Residential district( s) I 30 feet Maximum lot covera2e: 40% 0.41 ------ Maximum Floor Area Ratio (FAR) ,-- - Maximum structure height: ' 30 feeC I (For hospitals only) i 45 feet A Floor Area Ratio (FAR) up to 0.40 may be considered for office commercial and related uses allowed within the C-1 district (see "Use Matrix" - Chapter 3, Article N, Section 3.), pursuant to the Office Commercial Future Land Use classification of the Comprehensive Plan. 1 z Buildings designed with under-stofYparking shall be allowed a maximum building: height of 3 5 feet but only with conditional use approval. Minimum lot frontage 75 feet Minimum lot depth 120 feet Minimum lot area 9,000 square feet Maximum lot coverage (building) 10 pereent Minimum front yard 30 feet Minimum rear yard 20 f-eet Minimum side yards 10 fe6t* Maximum strueture height 25 feet, Rot to eJweed 2 stories** June 7. 2007 60 ZONING *'.Vhea abmting residential district, side afld/or rear yar-ds shall be thirty (30) feet. **Exeeptions: 1. Maximam height for hospital shall be forty the (15) f-eat not to elxeeed four (4) stories. 2. Building designed fDr under building parking shall be (30) feet maximum. 3. Parkin2. As provided in Chapter 4. Article V. 1. Off street parking. }..s set forth in Selation 11.H hereinafter. June 7, 2007 61 ZONING B. C-2 NEIGHBORHOOD COMMERCIAL DISTRICT. These district regulations will provide a limited number of small commercial facilities of a retail convenience nature, intended to service individual residential neighborhoods. Generally, the desired locations for these facilities are near and about the geocenter or other planned nucleus of the neighborhood, conforming to the general development plan. 1. Use(s) Allowed. (See "Use Matrix" - Chapter 3, Article IV, Section 3). 1. Uses permitted. ''vithin any C 2 neighborhood commercial zoning district, no building, structure, land or "'later, or any part thereof, shall be ereeted altered, or l:1sed, in whole or in part, exoept for one (1) or more of the f-ollo';/ing specified uses. Those uses, ho\ve'/er, '.vhich are indicated in 1 .^~. belo'.'l shall require conditional use appro'/al prior to the establishment of these HSe5-7 All stores and shops in the C 2 district shall be limited to retail sales. a. ,\ny use permitted in C 1 district. b. .\ny use which is a conditional use in the C 1 zoning district. * The following uses, pro':ided that the gross floor area of such use does not 6Reeed five thousand (5,000) sql:1are f'6et: c. Al:1tomobile parts and marine hard-ware stores, excll:lding any iRstallation on premises, and eRcluding machine shop service. d. Camera and audio visual equipment and sl:lflply stores. e. fumitl:lre stores and home furnishings; antique stores, excll:1ding auction houses, shaH be a permitted 1:lse iflimited to selling only ob-jeets ofval1:le such as quality antiques, art objeets, jewelry and the like, but not used merchafldise generally. f. flower shops and sale of house plants. g. Bicycle shops. June 7, 2007 62 ZONING h. Ll:1ggage stores. 1. Musie stores. J. .Art ilfld ceramie stores. Ie J ewelr)' and cosmetie stores. 1. Locksmith shops. m. Sporting goods, exeludiRg sale of ammuRitioR or firearms; game, and toy stores; bait and taelde shops. n. PaiRt, wallpaper, tile, carpet, draperies, blinds and shades, and iRterior deeorator shops. o. Office sUJ:'lfIlies, e(juipment, and furniture. p. }Jt, efaft, trophy, hobby, afld costume shops, ilfld se\ving s~plies; art galleries and artists' stl:ldios. q. Book stores, religious goods, eard shops, tobaceo shops, and Rev/s stores. r. Pet shops, excluding keIlHels or boaFdiag of animals or keepiag animals in outdoor kennels. s. Repair or serviee shops, eKeluding rebuildiag or refillishiag f-or retail goods that are typieally sold in the stores which are permitted uses in the C 2 distriet. :\11 outaoor diSJ3lay or storage iB eORjunctioa ......ith suoo ases shall be prohibited, however. t. Tele'lisioRs; radio, video, and stereo equipment and sl:lpplies. a. Hoasehold appliances aad parts for same. v. Curio, souveBir, and gift shops, e1wluding sale of used merehandise. w. Beer and wiRe sales, limited to eOBsaFIlf)tion off premises. June 7, 2007 63 ZONING . I afla household The follovnng persona . x. beaut' saloBs m.anicmists, tamung services: Barber s~ops, ff ) . €IS ~arpet and upholstery I et gTooffimg 0 premlS sa ons, p. .' '1 nd dressmakers. cleaning, m.aId serV10e, tal ors a , Lamuiromats and retaillal:lnderin~ serv~ces" ) . f1 for such uses IS entIrel) provided that the oor area enclosed. D + I nhotoQ;t"aphie studios and z. ne.ai r e- photo finishing service. Fabrieation and installation of furniture au. slipeovers. ...l I g excluding bb. Ta)(icab offices anu par cin , serviee or repairs on the premises. ^ tomotive service stations, \vithol:lt. major ce. " ~~. . "ma' or re airs"), and incl:l:ldmg car repairs (see defimtIOns. j ,:. ...le...l 40hat at least one (1) se~l use pro, Itt tt 1: "'ashes as aR acces '.1' .... . al road and nIt; lafle eolleetor or anen , frontage lies a ong a . our aRee "'ith Seetion 11.L. In the the site is developed In aecora . 'f TOehicles other than a' . t epair and serVlee 0, , C 2 lstne, r .. d ' t ouiles motorcycles, and refueling, shall b~ lImIt; ;~:Ua~~' of no~ more thaR one (1 ) pick up truelcs WIth a ra ~ J3 . 1 h 11 be done ',vithin ton. All repair and SefVlee OfvehlC €IS s a an ooelosed building. * dd. Print shops. Dry cleaRing service, limited to handling €Ie. b ht to the premises by retail customers. goods that are roug 1 a afla fraternal Priyate clubs, 0 ges, ff. . . * orgamzatIOns. Ori'/e up, oove through, or driv~ in ser\liee gg. . or ersonal services lIsted l:lnder for any of the retaIl uses p. d d '. '€I through b TO * Dnve up an n, ~~~ili~~~~~ fi~~c~l ~~:~itutions shall be a permitted use, however. hh. ^ rt or ree-reational instruction. "~ June 7, 2007 64 ZONING The following uses, pr<Jvided that the gmss floor area of Sl:lOO US6 does not eKceed too. thousand (10,000) sqtlaFe f-eet: ii. Groeery, f<Jod, ioe cream, eonfee-tioaery, and health food stores; delieatessens, hatcher shops and seafood stores, ';egetable aHd frnit stores, convenieRce food stores, and Bakeries; catering servioe. JJ. GeBeral hMdv/Mo stores. 11. Drive thTough, drive up, or driye in restal:tffiBts. * mm. Sl:IDdries, Rotions, and '/ariety stores. 00. Dmg stores. 00. Clothing, elofuing aceessory, and shoe stores. pp. Lawn aHd gaFden supply stores. qq. Dri';e lip, drive through or drive in servioe for emy of the retail uses of personal serviees listed l:lRder l.ii. throl:lgh l.pp. above. * Drive lip and drive through faoilities for fiRaneial iRstitutions shall be a permitted uso, however. IT. f.:l:ltomotive servioe stations, sl:lbjeet to the pro';isions of l.eo abo'/e. ss. Print shops. tt. DryeleaHing on preHlises, limited to hemdling goods that Me Bmught to the preHlises by retail 6l:lstomers. June 7, 2007 00. f.. smgle family residenee, incideBtaJ. to a permitted, eommereial use, loeated OR the same lot as the oommereial use. SUOO residenee shall ha'le a miniml:lffi living Mea of sevCR huncH-ed fifty (750) SqtlMe feet and shall 65 ZONING be limited to occupancy by the property owner or business owner/operator . ,^Jl uses listed ander l.c. throagh l.qq. abo'/e shall specify the gross floor area on the application for an ocoopationallicense. Eacll retail store aNd adjacent stores or bays Uflder the same o\ynership or control that are of a similar or related use shall be oonsidered to be a single store fDr the purpose of compating floor area. lA ConditioNal uses allowed: Those uses speoified above v;hiell are followed by an asterisk (*) shall be deeftled to be conditional uses, whieh may be oonsidered and graflted in acoorda:H.ce '.vith the proeederes set forth in Section 11.2. IE. ,^~ny use listed UNder 6.E.l or 6.E.11\, which uses, haNdles, stores, displays, or generates hazardous materials, hazardoas '.vaste, or a toxic sOOstanee, as the same are defined by 10 Code of Federal Regulations, Part 261 or the Florida Substa:H.ce List as set forth in Rale 1..-\ 62.00-1, Florida ,^~dn1inistrati'.'e Code, shall require Fire Department Hazardoas Material Disclosure in accordance 'l/ith Part II, Section 9 71 of this oode. 2. Prohibited lises. \Vithin any C 2 neighborhood commercial zoning district, no l:milding, strecMe, land or v/ater, or any part thereof, shall be erected, altered, or used, in whole or in part, for any of the f-ollov/ing uses: a. Any use not speoifically allo',ved III accordaNce with the list of uses under 1., L^~., and lB., abo';e. b. ;'-ny use which is either specifically allowed or prohibited in aNother zonillg distriet, which is not specifieally allov/ed ill accorda:H.ce '.vith the list of uses under 1., 11\., afld lB., above. c. OQtdoor storage or display of any type. d. Sale of firearms or ammunition. e. Sale of fireworks. f. Temporary employm.ent centers, operated on a walk in basis. June 7, 2007 66 ZONING g. .^JlY 'lmolesaJe establishmoo.ts, storage as a prineipal use, or off premises storage, or distriBution. h. Sale of aleoholie Btwerages, other than beer or wffie. i. Serving of aleoholio B67/erages, exeCflt fDr cOflSHi'R-ption on prem.ises withifl a Eklly lieeased restaurant and in oonjWietion with the sefVing of regular meals. J. Lum.Ber yams or Building materials stores. k. Sales bazaars, farmer's markets, flea or thieves' markets, swap shElps and trading posts. 1. warehouse). Self serviee storage faeilities (mini 2. Buildin2 / Site Re2ulations. 3. Building and site regulations. No building or portion thereof shall be erected, constructed, converted, established, altered, enlarged or used unless the premises and buildings shall comply with the following regulations: BUILDING I SITE REGULATIONS C-2 District Minimum lot area: 5,000 s.f. Minimum lot frontage: 50 feet Minimum lot depth: 100 feet Minimum yard setbacks: Front: 30 feetl,2 Rear: 20 feet 'Abutting: Residential district( s) 30 feet Interior side: 15 feetl,2 Abutting: Residential district( s) 30 feetl Corner side: 20 feee,2 Abutting: Residential district( s) 30 feetl Maximum lot covera2e: 40% Maximum Floor Area Ratio (FAR) 0.503 Maximum structure hei2ht: 25 feet4 June 7, 2007 67 ZONING 1 Reduced setbacks will be applied to property located within the Urban Commercial District Overlay Zone, Chapter 3, Article III, Section 8.C. f Pursuant to Chapter 3, Article III, Section 8.B., parcels that have frontage on Martin Luther King Jr. Boulevard and are located within the Martin Luther King Boulevard Overlay Zone shall have front, side interior, and side comer setbacks in accordance with the Mixed Use-Low Intensity 1 zoning district (see Chapter 3, Article III, Section 6.H.). J A Floor Area Ratio (FAR) UP to 0.50 may be considered for local retail commercial uses allowed within the C-2 district (see "Use Matrix" - Chapter 3, Article IV, Section 3.), pursuant to the Local Retail Commercial Future Land Use classification ofthe Comprehensive Plan. 4 Not to exceed two (2) stories. MiBimum lot froBta-ge 50 feet MilTimum lot deptH 100 feet Minimum lot area 5,000 square feet MaKimum lot coverage 10 percent Minimum frOBt yard 30 feet Minimum side yard (interior lots) MiBimum. side yard (comer lots) 15 feet* 20 feet on side street MiBiffil:lm rear yard Maximl:lm stnlotm"e height 20 feet* 25 feet, 110t to eKceed 2 stories *Wllen abuttiBg residential districts, side and/or rcar yards sHall be thirty (30) feet. 1. Repair and service of merehandise: The repair and service of merehandise for HOl:lsehold 0l:lstomers shall be permitted as either an aeeessory or prineipal 1:1se, for any merehandise wHieh is typieally sold in the C 2 district, excluding roouilding or refinishing of any type. 5. Exterior storage or display: EKterior storage or display of merehandise or materials shall be prohibited, with the exception of growing plants which are stored or displayed as afl accessory use to a lavlful prineipall:lse. June 7. 2007 68 ZONING 6. 8ale of used merOOandise: The sale of ased merehandise shall be peFffiitted as an aceessory use to the sale of Flew merooandise, meaning that ased merchandise shall be ofthe same type as the Flew merOOandise sold OR the premises, and sfiall be permitted as an aeeessory use to a repair shop whieh is permitted iR the distriet, proyided that, in all eases, the floor Mea oe~ied by ased merchandise shall ROt e-xceed hveRty fhe (25) perceRt of the gross floor aiea.8tores 'llhiOO deal primarily in used merehandise, shall be limited to retail merchandise ofthe t)'fle that is peFffiitted in the list of permitted ases above. Pawnshops and aaetion houses shall be prohibited, howe'.'er, in the C 2 district. Used merohandise stores sha-ll be located not less than t':.'eftty foUi' ffimdred (2,400) feet apart, as measU:fed by direet distance between property lines, and sha-ll have Ii gross floor Mea of not more than five thousand (5,000) square feet. '}lhere these stores are Gl:lffeBtly located at less than this miBimam distance, such stores shall not be e-xpaflded. }JI new awlieatiofls for oceupatioFlalliceHses t{) opeFate sueh uses or applieatioFlS for buildiRg permits to e-xpand sueh uses shall be aeeompaflied by an affida-vit whieh eertifies that the provisioFls of this paragraph would be complied with. Exterior storage and diSflla-y in coooeetioR with suOO uses shall be prohibited. 3. Parkin2. As provided in Chapter 4. Article V. 7. Off street parkiFlg as set forth iFl 8ectioFl 11.H hereinafter. June 7, 2007 69 ZONING C. C-3 COMMUNITY COMMERCIAL DISTRICT. These district regulations are to encourage the development of appropriate intensive retail commercial facilities providing a wide range of goods and services, located centrally and accommodating three (3) or four (4) neighborhoods and located adjacent to at least one major thoroughfare. 1. Densitv. The C-3 district allows a maximum density of 10.8 dwelling. units per acre (for high-density residential) and corresponds with the Local Retail Commercial (LRC) Future Land Use classification. All high-density residential must adhere to the R-3 district regulations. 2. Use(s) Allowed. (See "Use Matrix" - Chapter 3, Article IV, Section 3). 1. Uses permitted. '.Vithin any C 3 oommlHiity commercial district, no building, structure, land or water shall be used except for one (1) or more of the following uses: a. i\ny use permitted in C 1 or C 2 districts, without specific limitation OIl floor area. b. .\ny cOIlditional use in the C 2 district, eRcept as provided for otherwise under the C 3 district regulations, without specific limitation on floor area. * c. Antique stores and auctions houses, selling only objects of value S'I:1ch as quality antiques, art objeots, je'Nelry and the like, but not used merchandise gooerally. d. Bars, cocktail 10l:lflges, subject to the provision of Chapter 3 of the City of BO)'R-ton Beach Code of OrdinaRces. Such uses shall be a conditioRaluse (*) if located \vithin six hundred (600) feet of property lying within a residootial zORing district as measured by direct distance bet'seeR property liRes. Sidewalk caf-es, as an accessory use to a duly liceRsed restaurant within the Community Redevelopment .'\.rea (CR..'\). e. Liquor stores, subject to the pro',isiofls of Chapter 3 of the City of Boynton Beach Code of OrdiIlances. f. Greenhouses, nurseries, and other hortieultural \:lSe5-; June 7. 2007 70 ZONING g. Def'a.rtffieflt stores. h. Hotel, motels, apartment hotels, and apartm.eflt motels, inchuiHlg timesharing l:Ulits, provided that sleeping rooms and apartmeflt seites therein, aBd eJ(terior portions of the site shall not be esed for the di~lay, lease, or sale of merehandise. i. Lmnber yards and beilding materials stares, ineleding sale to eontraetors. * j. Multifamily and depleJ( residential dVlellings, incll:lding timesharing apartments, whieh shall eomply with the R 3 distriet regulatians for seeh uses. k. Rooming aBd boBftiing houses. * 1. Private oll:lbs, lodges, and fraternal organizations. ffi. Reereational faeilities: (1) Indoor reereational faeilities, ineluaing nightemas, * bO':lling alleys, billiard halls, health oll:lbs/gYfFlnasi1:llRS, shooting ranges (indoor only), skating rinks, and llmasemeBt areades. Bars/lounges and musieal entertainment and athletie eompetitions* shall also be aeeessory to the prmcipal uses deseribed in this seetion. Indoor reoreational facilities other than those whieh are listed aBove eonditionaluses(*). (2) Ol:ltaoorreereational facilities, ineluding, bl:lt not limited to, golf e01:lfses, miniature golf e01:lfses, tennis ell:lbs and the like. Raeetraeks, go cart tracks, and water slides shall be prohihited. n. Sale of llmmuFlition and firearms. o. Theaters and auditoriums, eK.el1:lding dri'/e in theaters. p. Automotive serviee stations, vlithout major repairs (see definitions "major repairs"), ana iFleluding ear washes as an aeeessory use, pro':idea that the site is de"/eloped in aeeomanee with Seetion 11.L. The repair and serviee ofyehieles in the C 3 distriet shall inelede all motor June 7, 2007 71 ZONING yehicles, in addition to thosc typcs of motor ',chicles for whieh repair aI'ld service is allowed iI'l the C 2 district, but shall cxclude farm tractors aI'ld implements, cement mixers, shovels or Ci"aI'leS, afld special mobile equipment as defined by Section 316.003, Florida Statutes. .^..JI repair afld service of vehides shall be done withiR aI'l enclosed building. q. Bus terminals. r. ,^Jl1bulance service. s. NeVI boat sales, excluding repair or service on premises. * t. Marinas afld yacht dubs, which may include the follo'.ving as accessory l:1ses, if approyed as such: .\ny accessory uses to mariI'las v;hioh are allo'.ved in the CBD district, as well as boat dealers, service, repair, iI'lstallation, roouilding, or customizing of boats, engines, or marine of boats, engines, or mariI'le equipment. * u. Dry storage of boats at marinas. * v. Yaehtels, boatels, afld other use of boats at mariI'las for resideaces. * '.V. Small equipment and tool rental, for hOmeO'lII'lerS use, excll:1diag exterior display or storage. x. Governmental, utilities, aI'ld comml:lflications facilities, ~WIl:1(:iiI'lg l:1ses 'lIhicfl have e1cteasive storage or maintenance facilities, or storage or mainteI'lance as their principal use. Utilities shall be adequately sCi"l~ened from exterior vic'lI. y. Trade and busiI'less laeor pools; such uses shall be a conditional use (*) if operated OR a walk in basis. z. .^~l:1tomobile wash establishments. aa. Wholesaliag of goods listed under Section 8..^~.1.c.(2), 8.A.l.c.(3), 8.A.1.c.( 1), 8.1\.1.c.(6), 8..^..1.c.(7), 8..^~.1.c.(l1), afld 8..^~.1.e.(l6) of these zoniI'lg reg1:1lations, and storage of goods for households, but excll:1ding any exterior storage or display, where all portions of the property lie withiI'l three !mfldred (300) feet of a railroad right of way, and direet access to the property from a collector or June 7, 2007 72 ZONING . " '1 aI at the effeetiye date of this arterial road IS not ad~' a ~ e applieation shall list the ..J' * +fte COB~ltioBa us ..J Ofumance. ds mmoh are to be sold, store..., or specific types of gOO.n ses of the property shall distributed fram the pr~s~s~:;:i: list as appro';ed by the be limited to those speCl e , City Commission. ~^Lffi.1lt eBtertainmeBt establishmeffis. bb. . f atar "eflieles or tire sales and ee. Repair 0 m " ..J .c: 'ti s "miBor . . e . ar rElf3airs (see ttettBl OR serviee, lImIte to ~In .., h s as an aeeessory use, are repairs"), an.d iBcludulg car n as e as follov;s: June 7, 2007 , , t permitted OB sites less than (1) ThIS use IS BO five (5) acres iB size. tft H"e E5j acres and (2) OB sites of greater an . ,. . fi';e (75) acres, an sl:1ch uses shan be less th8:B se. eat) . . I b 'ldiBg of a shoppiBg ceffier or loeated iB either a pnmllpa l:11 b 'ld'Bg and/or ol:1tpareel in a sl:lbordinate, s~and woae ;:anf pro';ided that the ' fl' eommereuH Master, 'tft' 'NIt lID a ~ 'ld' ana/or otttpareel WI In a subomiRate stand WORe ~1t1 I~g led bet1"eea the priReipal . al ~ 4aster Plan IS BOt oca n tft commerCl. . ., . ght of mayor betweea e " e djOlBI1lg n n btul(:hng an. ~ a d a ttiRg resideffiially zaRed property. prineipal buIlcltBg an. a u t . fi"e (75) 3) On sites of greater than so-yea) . . ( "'ill be allowed to be loeated In a acres all sueR u~es n . ter * PasseBger ear reBta:l separate bl:1ilding In a sha~pIBg '~~:h' . said buildiBg sl:1bj eet . s allomed as an aeeessol) use n I In I n e" . to .the follovtiBg additioBal COB ltiOBS. .' e area shall be (i) The oostomer sen Ie loeated withiB said buildiBg. (ii) No more thaB twelve (12) . t; tft ~'l:H'flose of reBtal, b'l shall be stored OB sIte or e automo I es b'l h 11 be stored in marked stalls. and S'l:leR automo I es s a fl I' afaatamohiles (iii) No fueliBg orre lie mg shall he permitted OB site. , . ator "elUeles For the pl:1rpose of thIS seetlOR, m . ( I eds ~asseBger ears n shall mean oBly. motor~::e es, ,~op eK:ept a multipurpose motor yehiele Vllth mot!. e po n er, 73 ZONING passooger vehicle or motorcycle, designed f-or carrying ten (10) persons or less), or multipurpose passenger vehicles (motor vehicle with motive power designed to carry too (10) persons or less whieh is constructed either on a truck chassis or with special features for occasional off road operation). All repair and service of vehicles shall be done within an enclosed building. dd. Upholstery aBd carpet steam deaning businesses. ee. Marine canvas retail sales and fabrication (no on preHlises iflstaUation). ff. Nightclub* gg. Cosmetology schools includiBg barbering, hair styling, or the cosmetic arts, s'l:leh as malceup or skin care, ifin conjuBction v/ith the delivery of the service to the gOOefal p1:1blic on a daily basis. * 1 ,^~. Conditional uses allo'lled. Those uses specified above which are followed by an asterisk (*) shall be deemed to be cOBditional uses, which may be cOflsidered and granted in accordance with the procedures set forth in Section 11.2. lB. ,^...ny use listed under 6.C.1. or 6.C. L\. vlhich uses, handles, stores, displays, or gooerates hazardous materials, hazardous '.vaste, or a toxic stlbstance, as the same are defifled by 10 Code of Fedefal Regulations, Part 261 or the Florida Substance List as set forth in Rule 1A 62.001, Florida Administrative Code, shall require Fire Def>artm.ent Hazardous Material Disclos:are in accordance with Part 11, Section 9 71 of this code. 2. Prohibited uses. 'Nithin any C 3 community commercial zoning district, no building, structure, land or water, or any part thefeof, shall be ereeted, altered, or used, in whole or in part, for any ofthe f-ollo\ving uses: a. ,^.ny use not specifically allmved in aecordance v/ith the list of uses under 1., L^~., and 1 B., above. b. ,\ny use which is either specifically alIo'Ned or prohibited in another zoning district, whieh is not June 7. 2007 74 ZONING speeifieaUy allowed in accordaflee with the list of uses l:1flder 1., LA...., and 1 B. aboT/e. c. "A~y wholesale establisflmeBts, storage as a prineipal use, off premises storage, or distribmion, e-xeept in aeeordaRee ,......ith l.aa. and LA... aboye. d. Single family detaehed dV/ellings, e~leept where used as a group home. e. Sales bazaars, fanner's markets, flea or thieves' markets, swap shops, and trading posts. f. Bingo halls. g. Self service storage facilities (mini v;areRouses) . 3. Buildin2 / Site Re2ulations. 3. Btlilding and site reg1:l1ations. No building or portion thereof shall be erected, constructed, converted, established, altered, enlarged or used unless the premises and buildings shall comply with the following regulations: BUILDING I SITE REGULATION C-3 District Minimum lot area: 15,000 s.f. Minimum lot frontage: 75 feet Minimum yard setbacks: Front: 20 feetl Rear: 20 feet2 Abutting: Residential district(s) 30 feet Interior side: o feetl,3 Abutting: Residential district( s) 30 feetl Comer side: 20 feetl Abutting: Residential district( s) 30 feetl Maximum lot covera2e: 40% Maximum Floor Area Ratio (FAR) 0.564 Maximum structure hei2ht: 45 feetS 1 Reduced setbacks will be applied to property located within the Urban Commercial District Overlay Zone. Chapter 3. Article III. Section 8.C. June 7, 2007 75 ZONING ~ €-: Where rear yard access is available from a public street or alley, rear yard may be decreased by one-half the width of such street or alley, but in no case shall a rear yard be less than ten (10) feet. .1 Where rear access is not available from a public street or alley, a side yard of not less than fifteen (15) feet shall be provided on one side. 1 A Floor Area Ratio (FAR) up to 0.50 may be considered for local retail commercial uses allowed within the C-3 district (see "Use Matrix" - Chapter 3, Article IV, Section 3.), pursuant to the Local Retail Commercial Future Land Use classification of the Comprehensive Plan. 2 Not to exceed four (4) stories. Minimum lot frontage Minimum lot area Maximum lot coverage Minimum front yard Minimum side yard (interior lots) Minimum side yard (comer lots) Minimum rear yard band c) Maximum structure height 75 feet 15,000 feet "10 percent (building) 20 feet None (see Notes a afld b) 15 feet street side (see Note b) 20 feet (see Notes 15 feet, not to exceed 1 stories a. 'Nbere rear access is not available from a public street or alley, a side yard of not less than fifteen (15) feet shall be provided on one side. b. \Vhen abl:ltting a residential zone, side and/or rear yards shall be thirty (30) f-eet minimum. c. 'Nhere rear yard access is available from a public street or alley, rear ym-d may be deereased by one half the width of such street or alley, but in no case shall a rear yard be less tflafl ten (10) feet. 4. Parkin2. As provided in Chapter 4, Article V. 1. Off street parking as set forth in Section II.H hereinafter . June 7, 2007 76 ZONING . selTiee of merOO8:fldise: The repair 5. Repair and , h sehold oust-omers shall be 8:fld serviee of merOOandise for o.l:lor rineipall:lse, for any ermitted as either an aeoessof) p. h C 3 distriot ~_se whieh is lyflioally soM 1ft ,I e e ' I e' g relmildmg or refimshmg of an) typ . exe-u-m . e t age of merOO8:fldise. 6. Exterior display afl ~?r h 11 be permitted, . I f etml merOOant1lse S a Exterior dlsp ay 0 r 1.. ..1' . onzned bv the operator of . th h mereuant1ISe IS n U J f proYlded at suo. b 'ldiRg and is the same type 0 the busiBess ocoopymg th~ uIII I~ nqthin the building. th . tyfllea -y SO-t1 n merOO8:fldise at IS ..1' 1.. II be for a length of time . efmerchant1ISe Stta Extenor storage n t eeoo eighteoo (18) hOlliS. . 1.. e il~,' aasis sha no 6K 1.. .. whle"'1, OR a a J : . of motor yehieles 8:fld uoa.s, Exterior storage or dlspla) 1..; I hall also be permitted to ..1' keemotorvett.Le es, s c exclliumg wree .. I to the operatioR 01. a t that SafFle IS mtegra . h t the extoo t; rming 1:1se and ':I1t ou . e ef a legal RonCOR e , f oOflfomung 1:1S . Exterior display 0 .. ft leHgth of tIme. liHnIabon, 0 all Be oo"'l'lelcly .ontained wilem property merOOandlse sh I 1..1 I malbyoays or otBenvlSe I lete'Yt:l-oec n n lines, and shal Rot eomp Pl' Meas shall not be used ereate a hazM-d to the pablio. M QR~ d or neriods of time h e' I ys e*eept f-or a peno J:'" lj for S1:10 lSp a se"oo (7) days witmfl anyone ( which shall not eKe~e~ ;.. ..1..e deHelopmeflt direetor or ..1 PeRBISSlOfl ttom ttt , f oal6Buar ~ear. ',. sha-ll be req-airoo for any use 0 his authonzed representatl, e c lumdise The exterior t; e' fllay Or mere . . narking areas or IS . I"s s1..all be nermitted m J:'" f gFe"'mg p-aIlc tt J:'" displa-y or storage 0 In. . al use n<ithout limitatioR on oonneotion ,<,lith a la'llfu pnnCip , n leRgth of time . II I Side.yoalk sales in rights of way 7 Slde':la E: sa es. n h erSOfl as . . yo I by the city manager or S1:1C p shall requwe appro, a . may be design.ated by the City maRager. Sale of l:lsed merOO8:fldise: The sale of l:lsed 8. . tt d as 8:fl aeeessory l:lse to the merehandise shall be perml e. that used merOO8:fldise sa-Ie of neVi merOO8:fldise, :ea:;~~ merOOandise sold Ofl the f h metyfleas-e n shall be 0 t e sm '......1 S 8:fl accessory use to a . e shall be permlnett a 1.. prenllses, an " . d' the district, proYided t.l1:at repair shop v:hlch IS permItte In. d by l:lsed merOOamlise I the ileer area Oee'liple il in al cases, . fiT' (25) percent of the gross oor shall not CReeee tweRt) , e aftlir. June 7, 2007 . h sj "'moo deal primarily Stores (inel1:1dmg pa'.vns op n ti . other than antique shops or auc o~ in used merOOandIse, h n b limited to sale of retaIl hOlolSes (see I.e. aboye), s a e 77 ZONING merohandise of the type that is allov/ed in aeeordRflee 'lIith the list of uses under 6.C.l. and 6.C.l .\.. above. Suoh stores shall not exoeed five thOl:lSRfld (5,000) square feet in gross floor area and shall be looated not less than twenty four fl.t:1.RdTed (2,100) feet apart, as measured by direct distance between property lines. "'here these stores are ourrently located at less than this minimllffi distance, such stores shall not be expanded. fJl new applications for oocupational lioenses to operate such uses or applioations fDr building permits to expand sl:loh uses shall be aooompanied by un affidavit which certifies that the provisions ofthis paragraph would be oomplied 'lIith. Exterior storage or display in conneotion with such uses sha-ll be prohibited. June 7. 2007 78 ZONING D. C-4 GENERAL COMMERCIAL DISTRICT. These district regulations will be effective in projecting desirable uses and patterns along the development corridors that will be located at points along major trafficways. The ultimate desired results are to group highway uses, keep accesses to a minimum, and combine accesses, so as to limit the drive out interruptions. In addition, these regulations can help expedite, facilitate and ease traffic on and off the major trafficways and allow sufficient frontage for safe ingress and egress and yet again, not erode the design capacities for our highways. corresponding 1. Use(s) Allowed. (See "Use Matrix" - Chapter 3, Article IV, Section 3). 1. Uses permitted. ',l.'ithin any C '1 gefleral oommeroial distriot, DO baildiBg, struetere, land or water, shall be used, eJ(oept for one (1) more ef the followiBg ases: a. }illY l:lse '",hieh is a permitted use in the C 1, C 2, or C 3 zoning distriot. b. ,^Jtyuse ':;hieh is a eomlitionaluse in the C 3 zoniBg distrio!, eJwept as pro'/ided f-or otherwise iB the C 1 distriot regulatioBs. * c. }..ffi:1lt efltertaiFImeBt establisftmeBts, In aoooroanee with SeetioB II.M. * d. Sale or roo.ial of Hew or used automobiles, boats, reereatioB yehieles, utility trailers, and oommereial trueks. * e. AutomoBile wash establisftments. f. Wholesale or retail sale of goods listed uader Sections ~L^...1.e.(2), 8.A.1.c.(3), 8.}...1.o.( 1), 8.1'...1.e.(6), 8.,^...1.c.(7), 8.,^...1.o.(9), 8.}... l.e.(1 0), 8.,^...1.o.(1l ), 8.A.1.c.(11), and 8.1'...1.e.(16) of these zoniBg rCg1:1lations. g. Eleet:rieal, plumbiBg, heatiag, paiBtiBg, roofing, and l:lpholstery Stiflplies.h. FaBrieatioa and assem-hly of custom eabinets and fumitl:1fe, sigH. painting and lettering shops, or furniture refiBismBg, v.ithiB a fully oo.elosed building, with a gross floor area of less than tv/o thousand (2,000) square f-eet. June 7, 2007 79 ZONING i. The vlholesale sales and distribution of prepaek.aged meats and poultry. Sales shall be restricted to sales to The trades and Hot to the general public. J. Reserved. k. Nightclub * I ,^~. Conditional uses aHo'lled. The uses specified above which are followed by an asterisk (*) shall be deemed to be conditional ases, vlhieh may be oonsidered and gTanted in aooordance vlith the procedures set forth in Section 11.2. 1 B. ,^J1Y use listed under 6.D.1. or 6.D .1.A. \vhich uses, handles, stores, displays, or generates hazardous materials, hazardous ';laste, or a toxie substance, as the same may be defined by 10 Code of Federal Regulations, Part 261, or the Florida Substance List as set forth in Rule 1,^~ 62.001, Florida ,\dministrative Code, shall require Fire Department Hazardous Material Diselosure in aceordance with Part II, Section 9 71 of this code. 2. Uses prohibited. \l/ithin any C "1 general commercial zoning district, no building, structure, land, or water, or any part thereof, shall be erected, altered, or used, in whole or in part, for any ofthe f{)llovling uses: a. Any use not specifically allowed III acoordance with the list of uses under 1., IA., and lB. above. b. ,^illy use which is either specifically allo'.ved or prohibited in another zoning district, which is not speoifically allowed in accordance v/ith the list of uses under 1., L\., and lB. abo'le. c. ",\By residential use, iBeluding gToup homes and residential institutioBs. Hotels and motels and , apartment hotels and motels shaH be a permitted use, hOVle:'/er. d. Exterior storage, uBless adequately screened. e. Sales bazaars, farmer's markets, flea or thieves' markets, swap shops, and trading posts. June 7, 2007 80 ZONING f. 'iV arefloases or storage b<<ildings, &eept ':/hen atilized as 8fl aooessory to a prineipal use whioh is allowed in aeeomanee ':/ith 6.D.1., 6.D.L\., or 6.D.IB., above, and looated on the same paroel as the prineipalase. g. Contraetors' storage and shops. h. Self serviee storage faeilities (mini warehouses) . 2. Buildin2 / Site Re2ulations. 3. Ruilding and site regulations. No building or portion thereof shall be erected, constructed, converted, established, altered, enlarged or used unless the premises and buildings shall comply with the following regulations: BUILDING / SITE REGULATIONS C-4 District Minimum lot area: 5,000 s.f. Minimum lot frontage: 50 feet Minimum lot depth: 100 feet Minimum yard setbacks: Front: 25 feetl,2 Rear: 20 feee Abutting: Residential district( s) 30 feet Interior side: 15 feetl,2,3 Abutting: Residential district( s) 30 feet Comer side: 15 feetl,2 Abutting: Residential district( s) 30 feet ~aximumlotcovera2e: 40% ~aximum Floor Area Ratio (FAR) 0.504 ~aximum structure hei~ht: 45 feef 1 Reduced setbacks will be applied to property located within the Urban Commercial District Overlay Zone. Chapter 3. Article III. Section 8.C. ;/, Pursuant to Chapter 3. Article III. Section 8.B.. parcels that have frontage on Martin Luther King Jr. Boulevard and are located within the Martin Luther King Boulevard Overlay Zone shall have front. side interior. and side comer setbacks in accordance with the Mixed Use-Low Intensity 1 zoning district (see Chapter 3. Article III. Section 6.H.). June 7, 2007 81 ZONING J Where rear property line abuts a public street or alley, rear yard setback may be reduced to 10 feet and no side yard shall be required, except on comer lots or where abutting single-family uses. '! A Floor Area Ratio (FAR) up to 0.50 may be considered for general commercial uses allowed within the C-4 district (see "Use Matrix" - Chapter 3, Article IV, Section 3.), pursuant to the General Commercial Future Land Use classification of the Comprehensive Plan. Not to exceed four (4) stories. However, those parcels located within the Martin Luther King Boulevard Overlay Zone (Chapter 3, Article III, Section 8.B.) shall be limited to 30 feet in height. 2 Miniml:H'B lot wORtage 50 feet Minimum lot depth 100 feet MiNiml:lHllot Mea 5,000 square feet MaJ(i-ml:lHllot coverage 10 percent MiNimum WORt yMd 25 feet Miffiml:H'B side yard (imerior lots) 15 feet one side* MiNimlHTl side yard ( comer lots) 15 feet on street side* MiNimum rear yard 20 feet* Maximu-m struemre height 15 feet not to exceed 1 stories *'}lhen abuttiNg residem:ial distriets, side aNd/or rear yards shall be thirty (30) feet. Where rear property liNe abu-is a publie street or alley, reM yard setbaek may be red1:lOed to ten (10) feet and no side yard shall be required exeept OR comer lots. 3. Parkin2. As provided in Chapter 4, Article V. Off street parking: As set f{)rth in Section II.H herernafter. 5. Repair and service of merohandise: The repair and serviee of merchandise shall be permitted as either an aceessory or principal use, for any merehandise which is typically sold in the C '1 district. 6. Exterior display or storage. Exterior display of merchafHlise shall comply with all provisions that apply to June 7, 2007 82 ZONING the e;<:terior displa-y of merehandise in the C 3 distriot. Exterior storage of merehandise, materials, or equipment shall be aUov:ed only as an aeeessory use to a lawful prineipal use vl-hieh oeel:lpies a Beilding, aDd shall be adequately sereooea. Exterior sto:rage or display of motor vehieles and boats, shan also be permitted to the extoot that SaFB.e is integral to the operation of a eonforming lise or a legal nofteonforming lise, and \vithoat limitation on loogth of time, and witholit the ret:ltlirem.ent for sereefling. 7. Sale of used merehandise. Sale of lised merehandise shall eomply ','lith aU provisi0ns that apply to the sale of lised merehandise in the C 3 distriet. Distaflee sepaFation reqliirements as set f-ortB. in SeetioR a.c.g of f..ppendix f.. shall have no applieation to Bot f-or profit orgaflizations. June 7, 2007 83 ZONING E. CBD CENTRAL BUSINESS DISTRICT. The intent of this district is to provide a highly visible community focal point integrating business, retail, recreational, and residential activities. The uses allowed in the central business district are intended to serve the entire community, create a high volume of pedestrian activity, provide business, recreation, and residential opportunities, and maximize the potential of the waterfront. 1. Density. The CBD district allows a maximum density of 10.8 dwelling units per acre for high-density residential. 2. Use(s) Allowed. (See "Use Matrix" - Chapter 3, Article IV, Section 3). 1. Permitted and conditional uses. V,Tithin the ceRtral bMsiBess district, RO building, streaMe, land, or '{fater, or portioR thereof, shall be ased except for one or more of the f-ollo...;ing Mses listed belo...,'. Uses speoified belo...; v;hich are follo'.ved by an asterisk (*) shall be deemed to be cOHditional uses, which may be considered and granted in accordance with SeetioB 11.2 of these zoning regulations. All cOFl:ditioRal use applications within the CBD and the CR,\ district shall be cOBsidered and revie';ved by the planning and deyelopment board in all proceedings, until the CR.,^~ beoomes a seven member body or a separate eB:tity from the City Commission. F1:l:l1h:erm.ore, no part of the CBD shall be developed until a complete, detailed de','elopment proposal has been submitted to the city and appro'led in accordance with the standards and procedures set f{lrth in Part III, Chapter 1, Land DcvelopmeRt Regulations. Such proposals shall geRerally folIo':; the design guideliRes established by the city for the CBD, and shaH in clade water, sev;er, storm drainage, traffic flow, parking, lands6aping, lighting, and other data as reqMired by Part III, Chapter 1, Land D6','elopment Regulations. Eating aRd Drinking: a. Restam-aRt. al. *Restaurants '.vith 00','6 in or drive through facilities when not in cORfliet with the public'! priyate pedestrian system of the adopted rede','elopment plair. June 7, 2007 84 ZONING b. Nightel1:lbs*, bars and coektail loooges, ~elading adult ootertainment establishments. EntertaiIlfl'len1: and Reereation: e. Pablic parks and reereation faeilities. e. MariRas, limited to the f-allowing uses: mooring and doeking of private pleasure eraft; sale of fuels and 11:1brieants; oceapaney of private eraft as liviRg quarters, provided that saefl eraft are cOImeeted to pablic sevier faeilities; operation of drift and Charter fishiRg boats and sightseeing boats; bait and taekle shops. Dry storage of private pleaslH'e eraft shall be permitted as a eORditional use. Serviee and :Fej:}air of private pleaslH'e 6faft shall be permitted as an aoeessory use to di:y' stol'age. BuildiRgs ased for dry storage of boats shall Rot exeeed forty fiye (15) feet in height, shall be enelosed OR at least three (3) sides, and shall be designed so as to be eompatible with the intent of the CR.,\. plan, CBD zORiRg and landseaping regalatiOfls, and CBD design guidelines. The hours of operation of a dry storage faeility shall be RO earlier than sunrise and no later than s:anset. In additioR, other uses may be allo'.\'oo at marinas, in aecordanee with the list of permitted and oomlitioflaluses for the CBD (central basiRess distriet). f. *Priyate reereation and aIRUSeB'l.oot faeilities, iflehuling bowling alleys, gymRasiums, and health eenters. Hotels, Motels and Residential: g. Hotels and motels. h. *Maltiple family residential, time sharing apartments, motel apartments, and hotel af)artments. Offiees and Fiflaneial Institutions: June 7, 2007 J. Pr-ofessioRal and b1:lsiRess offiees, e~(()luding offiees or elinies for dru.-g or aleohol treatmoot or 85 ZONING r aHY other . , h' tric treatment or OOURse mg, or oouflselmg, PS) c la type of persoflal rehabilitation. I 'l eterinary offioes and cliflics, excluding E. . of animals for plii"poses other outdoor kennels, or keepl;g . te disposal of animals. than treatmeflt, afld e)(clu mg on Sl Financial instirntions, without dri'le up tellers. 1. m. . ., n'ith driHe l:l:p tellers. *Financial mstItutIOBs, n T Public and Qu:asi Public: ~oHe=-ment faeilities, excluding uses vlhich n '<:1 T u.LL '1' . tefage . . mmfltooanee fam ltIes, or s have ffi<.tenSl'le storage or. . or mmfl.-1:en.anee as their pnnclpal use. h d other places of ';.'orship, O Came es an . e~l use . d con' 'ents as an access '.J . ineluding reeiones an T *Clubs, lodges, and fraternal organizations. p. *Public utilities and commuflications t aHa ~re school *Nursery, day crn-e coo ers, s. *Primary and seeofldary schools, excluding trade or ifloostrial seho01s. . . aHa l:1ni','ersities, 1. *Colleges, semmanes, excluding traa6 or indl:lstrial sooools. u. Non degree instruction or tutoring, under ~ feet of gross floor area, excll:lding trade square ef ifldustrial instruetion. . fl t ring 0' 'er " *N on degree instructIOn or 1:1. 0 , T 2 000 sq~~re feet of gross floor rn-ea, excludmg trade or , . industrial iflstruetIOn. Vo'. *Public assembly halls, auditoril:lHls, and commlifl-ity centers. June 7, 2007 86 ZONING Retail: 1L Den~ y 1. uueBt S"O 1: res. te Y. Beef l' H'0agB. faoilities. ' lqaor, and ",vine sales , e1(oladiBg dri"lC z. ^ f only e' . .n lqae st o jeots of Hal ores and " o8j I' ,..a ... Ii ""oboa Ii ea B, Jewel ' e as qtIllIily ""BeB, Bell' _eFOIIy I), ""a !he like b I'OstoFOd llBfiq Iftg . ' 111 Bot ased ...., art merooand' lse aa. .^J1: a an Oef8.1 . ffile stores. Curio and oft gI sliOflS , exellldiBg sal €I of ased bb. mereaanQ' IS6. oe. Masio afld eamera sa ad ""B. ap r . Famit1:1r ft p lanees, and . . e, eme:furB.' 1.." llH:enor a lSttmgs...l eeorator s 1.. anu aeeesso": ttOps. ICI.es, til . €Ie. HanI'" e, pamt and" n are, marine h IniilaiB -"s1lpeper Btor .m"'...., lim · ' eleolri~ 18~""'s1B aeslorn I.'":' but Ollel..am: I~' ~et, , p .....l>iBg lie ,.' dB an<! gllftia h "'" er or , a..mg s~ I' ft SttOAS 1 yp les and ..1.. . Y , g ass ff ' _el~ ' exelaa' . ClothiBg . IBg sale of and elotai used merooandise. ng aeeessories stores , gg. SUBd" fles, notions, and ". . 1..1... ,artef-<. Sf _ ' 'J .ore.. . ..ft, oraft, hobb . ), and S0>HI' n fig Sli r ii. F1erist sft . flIlI05. ops, meluding s I a e efhou jj. Bierela sft"" .e planlll. ys. kk. Pet sao ps, exelading 1 E'6flFlels or b . earnlBg of 11. Offiee sa I" pp les afld . eqUIpment. Book stor es, 1'16"'S d 1 n ea 61'S, and toba eco mm. ~ June 7, 2007 87 1:7 ..1 and In'ocer)' stores, retail ss. rOOtt 1:>' e confectioneries and bakeries, ice crem:n. .parlors, an delicatessens, excll:1diFlg drive through faCilItIes. H *Outdoor display or sales of merohandise, u. . a G a efthese subject to the oonditions set f-orth in SectIOn . . . zOFling regalations. SidemaJk sales subject to approval by the uu. H , commuFlity redevelopment agency. Nov,' auto parts and accessories. ZONING nn. 00. pp. qq. IT. SportiFlg goods, game and to)' stores. Luggage stores. J eV/elry and cOSflletics stores. Optical goods and hearing aids stores. Pharmacies and drngstores. uua. Services: \rw:../. PersoFlal service establishments. n . ..' enln'aving fine art studios, H~" rnlhlng, 1:>-' ..1 H n . L' .... dios anu . . e photograpulc SrlJ: photo fiFli shmg serVlC, . laboratories; film and recordiFlg StudIOS. *Funeral homes, excludiFlg crematoriums. xx. yy. Business maehiFle service offices. Coin operated laundromats, dry cleaning " t~'ited to handling goods that are brought to the son Ice, 1. tailors aFld dressmakers, . ey rotall 0I:lstomers, . ~~t:-:~~: and repair of elothiFlg or clothing accessones. June 7.2007 Transportation: Public parkiFlg lots and garages. aaa. bbb. *Bus terminals and taxi stands. ccc. *Railroad passeFlger stations. 88 ZONING dEld. * }..utomobile rental, limited to refttal of new oars. €lee. *Helistops. a es "'here fff. *Pri'late parking lots an gaFag ," operated as a principal use. 1 A A BY use listed URder Seetion €i.E.I. whieh, :r:J ' ... '~. enerates haz8ftiol:ls maten s, handles, stores, dlSf}lays, ~r g as the same may be hazardol:ls waste, or a toxIC substanoe,. 1 or the defined by <10 Code efFederal Regulat.IOB~ ~art<l2A€i 62001 ' t feFth m ~-e .<... . , FloridaSubstanee LIst as se . Fire DElfJartJ:Rem Florida Administrative Code, sh~l reql:lIre .. . th Part II Hazardous Material Disclosl:lfe m aeeordanee .,1. , Section 9 71 of this eode. h'ld d UTithin the eentral business 2 Uses PFO-l-l e. .. ...h . 1 ..:J Sf ...<>-4-er or an'" :Romon " b' 'ld' ng struet1:ffe Ian....., ., UoL, J .t" dIStriet 1'10 1:11 1 , , '. thereof, shall be used for any of the f-ollowmg uses. A BY l:lse not Sf}eeifieally allo';.red m u. .L.LI. aoeoFdanee with Seetion €l.E.I. aboye. A . l:lse Sf}eeifieally prohihited i1'1 Seetion b. ,...n) 6.E.I. abo';e. o. A d It entertainment establishmeats. ,.. ti d. Massage parlors. LIRifl6l-Y or dry eleani1'1g plants; earpet or e. upholstery eleani1'1g plant or serviee. . tftef than rental f. Outdoor storage of an) type, 0 . aanee "'ith Section €l.E.I. cars III aeeor ., Sale of l:lsed merehandise, exeept for art . g. . uaHty restored antiql:les, and the objeets, Jewelry, eoms, a~ t t the pro.qsieas of Seetion like, v/hioh shall be 191:1 jee 0 . 6:B+ h. Pa';.'iishops. June 7, 2007 89 ZONING . i. Personal refiabilit f . . mcluding counseling " a IOn or clImes or offiees . s6n lees f-or sa . ' nonresldeB.-tial' any . d' me, resIdential or :(;' ' rem eatIal use mh' h . pro esslOnal supefl'isio . n Ie reqUIres , n, c01lRselIng ffi a' 1 care on the premise ' e ICa or nursing s, or access to same. J. Reserved. k. u l:ft 1 " 0 esale establishmeats or distrib f tl IOn. Storage as ., a pnnctpal use, or any off premo Ises 1. storage. m. Service repaif sal , ,es or storage OC Hel..' 1 r , ttIe.es. n. Repair shops other th . and clothing aeeessories' an repaIr of clothing . ' exeept that Sefl " A servIces shall be alloTHe..l T ICe anu rtlpair n ti as afl aeees proTlided that the .cIoor ..l sory use to retail sales tt area tie> 'otea t' ' not exeeed 25% of th ' 0 repaIr serviees shall e gross floor area. o. Temporaryem 1 walk in basis. p oymoot ceaters, operated on a p. Rooming or boara' congregate liT/ing:f:i "1'1' . mg houses, adult act lies nursmg h group housing. ' omes, or aflY other . . q. Dry storage of boats' 13 a repaIr, Insta.J.lation bldd' . '. oat ealers; service b ' I mg, _lam ' oats, oogines or maR . g, or e-ustomizing of , ne eqUIpment. r. Loading ef mH a' ,. oa ll'lg of ratlroad freight. s. Commereial 1 . :f:i 07, S 1, 3-16-99) par nng acilities. (Ord. No. 99- June 7, 2007 90 ZONING 3. Buildin2 / Site Re2ulations. 3. BaildiBg aRd site regalatieBs. No building or portion thereof shall be erected, constructed, converted, established, altered, enlarged.. or used unless the premises and buildings shall comply with the following regulations: BUILDING / SITE REGULATIONS CBD District Minimum lot area: 15,000 s.f. Minimum lot frontage: 75 feet Minimum lot depth: 100 feet Minimum yard setbacks: Front: o feet Rear: 20 feetl Interior side: o feet Comer side: 8 feee Waterfront yard (from navigable water): 8 feee Minimum livin2 area: 750 s.f. Maximum lot coverage: 75% Parking garages: 85% Maximum Floor Area Ratio (FAR) N/A Maximum structure hei2ht: 45 feet4 1 Where rear property line abuts a public street or alley. rear yard setback may be reduced to eight (8) feet at first floor level. in which case. no setback shall be required at all other floor levels. ~ Eight (8) feet is require at first floor level. No setback shall be required at all other floor levels. J Waterfront setbacks shall be measured from the property where the body of water is under different ownership than the subiect property line. However. setbacks are measured from the mean high water line if the body of water is under the same ownership as the subiect property. 1 45 feet, not to exceed four (4) stories. ~ Strnetares iB exeess of forty five (15) feet iB height. Notwithstanding the height limitations referenced in Chapter 2. Article II. Section 2 Seetion 1F of Chapter 2 of the LaRd Deyelopmoo.t Code of the City of BO)'Rton BeRek, Florida, all uses enumerated and permitted in the Central Business District, according to the Code of Ordinances which shall June 7, 2007 91 ZONING include but not be limited to hotels and motels; multi-family residential: business or professional offices: bank and financial offices: restaurants; bar and night clubs; hotels, motels, oOfldomiRiums, apartments, offioes, financial institutions, eating and drinking establishments, entertainment and recreational uses;, retail use~ and transportation use~ or any structure containing a mixed use thereof, shall be permitted to be constructed in excess of forty-five (45) feet in height, but not to exceed 100 feet, provided such use is evaluated and approved as a conditional use. MeehaFlieal equipment \vhich exelusively serves the structure shaH not be included in the calculations of height. Minim1:lflllot froRtage 75 feet Minim1:lfll lot depth 100 feet MiBimum lot area 15,000 sqtlare f'6et Min-imum frORt yard NORe, at all floors. MiRimum rear yard 20 feet abutting adjaeent pro13erties at first floor le"61. 8 feet abutting street or alley at first floor level. NORe, at all other floors. Miflimum side yard None, f-or interior lot lines. 8 feet abuttiRg street or alley at first floor level. N one, at all other floors. Miniml:HI1 v/aterfront yard Regardless of the orientation of the lot or pareel, an 8 foot setback shall be maiRtaiRed from a building or structl:lre and any navigable water. 'N atemoRt setbacks shall be measured from the pro13ert:y where the body of water is under different ownership than the subject property liFlc, and meaooroo from the mean high water line if the body of water is uRder the same ownership as the subject property. Maximum lot cO'/erage 75 per cent. 85 per cent for parking garages. Maximum structure height 15 feet, not to exceed 1 stories. ~{ultiple family dwelliRg uFlit density maximum 10.8 d'lIelling units per acre. ..\pplication of residential d6Rsity to a parcel shall not preclude or limit the development of the pareel for other uses whioh are lawful under the cClatral btlsiFl6sS district regulatioFls, provided such de-velopments otflef\.yise comply v/ith these zORing regulations. LiviRg ar-ea minimum per multiple family dwelling unit Canopies aRd aVlRiRgs 750 square feet. Canopies or a'.vRings f-or pedestrian ef.I:trance June 7, 2007 92 ZONING ':Iays, with at least 9 f-eet elelH, may project to the property line iFl any required yaxd. Movable awnings over right of way Movable awnings may exteBd not more than g feet o'/er a sidewalk ill an adjaeellt right of way, proyided stieh a'.Yning or a:flY part thereof shall maintain a clelH height of9 feet ahove the side':lalk. Sueh aV/Flmgs eKteBdiHg o'/er rights of ':lay shall be moved or reffto';ed at the Fequest of the eity. Perm.aneo.t struettiral projeetiofls from buildiFlgs Eaves, sills, belt eOUfse, eomiees, pilasters, and other arehiteotural feames; gutters, chimBeys, and meehanioal eCf1:1ipmeB.t, may projeot Bot more than 3 feet iFlto any required )'iHd, pro',Jjded that sueh structares are located within the property lines afld cOFlform to established eefltral busiFless distriet design guidelilles. Regelatory guidelines CORstruetion and deyoloj3meRt shall esseB.tially eonform to the Commooity Rede';elopmeHt Pla:fl, Laad De>/elopment RegulatioFls and Distriet Design Guidelines. Utility lines, meohanieal efluipmeHt Utility liRes shall be iFlstalled oodergrol:lfld, afld any S6fVlOe eE)'li'ipm.ent required aboye gro1:lfld shall be effeetively se-reened. 4. Parkin2. !: General Reauirements: As provided in Chapter 4. Article V. b. Specific for CBD district. As provided in Chapter 4. Article V. Section 3.GA. June 7, 2007 93 ZONING ~ Reduction in Reauired Parkin2 Calculations. As provided in Chapter 4, Article V, Section 3.H.2. June 7. 2007 94 ZONING F. PCD PLANNED COMMERCIAL DEVELOPMENT DISTRICT 1. Intent 1. mtoo.t B:H:d p'I:If}3ose. A planned commercial district (PCD) is established. The purpose of this district is to provide a zoning classification for commercial developments that will better satisfY current demands for commercially zoned lands by encouraging development which will reflect changes in the concepts and the technology of land development and relate the development ofland to the specific site, to conserve natural amenities and to allow for the mitigation of negative impacts which result from land development. Regulations for the PCD are intended to accomplish a more desirable environment for commercial development in relation to existing and/or future city development, permit economies in providing public services, and to promote the public health, safety, convenience, welfare~ and good government of the City of Boynton Beach. 2. Density The PCD district allows a maximum density of 10.8 dwelling units per acre (for high-density residential) and corresponds with the Local Retail Commercial (LRC) Future Land Use classification. All high-density residential must adhere to the R-3 district regulations. 3. Locational Standards. 1. Standards for plaBIled eElHlfl'lereial a67:elo~moo.ts. In formulating recommendations and reaching decisions as to the zoning of land to the planned commercial development zoning classification, the planning and development board and City Commission shall apply the following locational, utility and environmental standards consistent with the comprehensive plan in addition to the standards established in Section 9.C of these zoning regulations applicable to rezoning of land generally. a. Maior Transportation Facility. Relation to major trans~ortatiElB faeilities. A PCD shall be so located with respect to major roadways or other transportation facilities as to provide direct access to major transportation facilities without creating or generating an unacceptable level of traffic along streets in residential areas or districts outside it. June 7, 2007 95 ZONING b. Public Facilities and Services. Extensions of publicly owned and maintained utilities and storm sewers, etc. shall be constructed by the applicant at no expense to the city and said utilities, etc. shall be deeded to the city clear of any encumbrances. Construction standards employed in the installation of publicly maintained utilities and storm sewers shall be those promulgated by the engineering and utility departments as amended periodically. Concerning streets, consistent with the intent of these regulations, any required roadway improvements shall be constructed at the applicant's expense including the dedication of additional rights-of-way as noted in the traffic and circulation element of the comprehensive plan and the replacement of roadway capacity when applicable. c. TOP02raphy. Physieal eharacter of the site. The site shall be suitable for development in the manner proposed without hazards to persons or property, on or off the tract, from probability of flooding, erosion, or other dangers, annoyances, or inconveniences. Condition of the soil, groundwater level, drainage" and topography shall all be appropriate to both kind and pattern of use intended. 4. Application to Rezone. !:. The procedures and requirements to rezone a parcel to PCD shall be in accordance with Chapter 2, Article II, Section 2. b. When the PCD is to be developed in a single phase. the site plan for the development may also represent the master plan. f.:. 3. Unified control. All lands included in a planned commercial development shall be under the control of the applicant or his assigns (an individual, partnership, or corporation or group of individuals, partnerships, or corporations). The applicant shall present satisfactory legal documents to constitute evidence of the unified control of the entire area within the proposed PCD. The applicant shall agree to: June 7, 2007 96 ZONING ill fu Proceed with the proposed development according to the provisions of these zoning regulations and conditions attached to the zoning ofthe land to PCD; ill &. Provide agreements, contracts, deed restrictions, and sureties acceptable to the city for completion of the development according to the plans approved at the time of zoning to PCD and for continuing operation and maintenance of such areas, functions, and facilities as are not to be provided, operated, or maintained at public expense; and ill &.- Bind their successors in title to any commitments made under subsections (1 ) and (2) 3a aBd b above. All agreements and evidence of unified control shall be examined by the city attorney and no zoning of land to the PCD classification shall be adopted without a certification by the city attorney that such agreements and evidence of unified control meet the requirements of these zoning regulations. 8. Proeedmes for zOfliRg lmul to plarmed oommereial de~,..elapmeBt. The proeemwe for zoniRg land to the plannes eommereial d6'/elopment elassifieation shall be the same as for zORiRg laBds geBerally; howe~;er, beeal:lse of the differenees between plaflIled de';elopmeat: distriets and eOflYeBtioBal district bmmdary regulatioR elianges, the proeecltires and reEluireFBeRts whieli f-ollow shall apflly to all applieatioBs for zaRiRg to PCD in addition to the general r~ents. a. }..pplieatioRs; materials to be sabmitted. In addition to iRformation reqaired for applieatioR for zoning genemlly, the applieaBt shall suamit the followiRg materials or data: June 7, 2007 (1) LegaJ doeameats assuring unified eaRtFoI of the proposes pcn and the 97 ZONING required under subsection 3 agreemeftts above. (2) /\.. master plan eontaining: (a) The title of the pro~ect d th names of the professional project an e aa } f" . er stif"l'e)'or afl eve ope, planner, engme, , north (b) Scale, date, arrow, afld gooeraI location map; (c) Boundaries of the . "l"ed all eJcisting streets, nronerty m, 0 , , . t' t' asements sectIOn 1... 'ldings \vater cotH'ses, e '. t1Ul, . ft t hysIcal lines afld other existing Impo ~ ~ features in aDd adjoining the project, Cd) Site plan oflocations of land uses including but not limited t~ commercial areas, greenbelts and propose right of ways; C e) Master plan showing access and traffic flow; and (f) Tabulations of total . the development and {11"oss aen~age III ..l ~ ~1..e 0' f t b de' 'otett ~o ttt percentages thereo 0 e , various land uses. (3) Subdivision master plan requiremoots not listed above. ( 1) ,Ai market smd)' indi~a~i?g d demand for the facIlItles the market area an proposed. Plaflfting and development boa~d 9. 1..} e . A ft conducting a pUu 1 findmgs. 'i er } t h . (s) the planning and deve opmen -earmg , h Cit ' b a shall recommend to t e ) oar . est ee Commission that the pcn ZOflIllg re~ approved, approved '.'lith modifioatl~ns or d . ed In makiflg its recommendatIOn to enI . a h U make the City Commission, the boar s a June 7, 2007 98 ZONING findings that the applieant has met the following requireHumts: a. The requirefBents of See-tion 9C of these regelations related to zoning geRerally; b. The requirements for l:lFlified ooBtrollisted in Seetion 6f3 above; e. The staad8:fds listed in Seetion 6f 1 abo'/e; d. The design eriteria listed in Section of? above; and e. ConsisteBey ',:ith the adopted oompfeheRsbe plaR for Hoymon Beaeh. 10. Conditions and st~ulations. In reeommending zoning of land to the PCD olassifieation, the plarming aDd development bOM-G may reoommeRd and the City Commission may attaeh ooitable eonditions, saf-egeards, aDd stipulations, in aeeord 'Nith staDdards set out in these zoning regulations and in this seetion. The eonditions, safegu.8:fds and stipulations so made at the time of zoning to PCD shall be binding 1lf)on the awlieant or his sueeessors in interest. De>.riations from the appr{)ved master plan e-xeept in the ma.mJ.er herein set out or faih:H'e to oomply v/ith any requiremeHt, eonditim-'l, or safegaard, shall oonstitute a violation of these zaRing regulatioBs. It is intended that no eonditioRs, safeguards or stipulations be required which Me not within the staRd8:fds set 01:lt in these zOBing regelatioRs and in this seetion and that eonditioBs, safeguards, and stipulations be elearly related to the eRds and objeeti':es of these zoning regulations and this seetion. 5. Use(s) Allowed (See "Use Matrix" - Chapter 3, Article IV, Section 3). 5. Uses permitted, eOBditional uses, uses req-uiring fire Departn:I.effi Hazardous June 7, 2007 99 ZONING .th P rt II SeetioB 9 71 Material Disclosure in accordance WI a , of this code, , . 8 t' 8 G 1 of these ^ 11 uses lIsted m eo IOn , . a B l'teeas . . d d home"er that uses IS 1 t' ~fa"I en. , zoning regl:l a IOns . . d t seeure conditional use e" 1 ,..m flat be fetlUlre 0 f COB Itlona n , d as a part 0 the master plaB reql:llre approval if shown on ",'11 ot be subject to the . "Effie uses n 1 n . thIS submISSIOn,. f SectioB 6 C.1. ifthe sIte ' . ge fetltnremoots 0 . , mInIml:lHl aerea . ent fDr rezonmg to ' . ac-reage reqmrem meets the mIm~um f ' buildiBg dedicated to such use PCD and all portIOns 0 ~) 'b 'a distance t d from resideatla11y zOBed pmpert) ) are serara €I of 200 f-eet. Uses ancillary to permitted uses; and b. Commercial uses not listed in Section 6.C.l , c, '..:1 ..:Ie"elanmoot board. " d by the plannmg aBu u. t' but appro. e d .^illy use listed lffider 6E.I, which. ~ses, . , 'Of ooerates haza-rdous materIals, handles, stores, dIsplays" g 1.. the same may be e 1:1S "'aste or a tOXIC sti1:1stanee, as h :::.: by ;'0 C~de _[Federal Regu:t::e~~~4~ ~;~~3~ Florida Substance ~ISt as set [oft uire Fire Department Florida ,,\dmiBistratlve Code, sh~l1 req d m'th Part II, Hazardo1:1s M.aterial Disclosure m accor anee .. 1 Section 9 71 of t.fiis code, 6. Uses prohibited, ^ 11 uses listed in Section 6.C.2 of these a. .~ zOfliBg regl:llations. June 7, 2007 100 ZONING 6. Buildin2 / Site Re2ulations 7. Design eriteria for plaBfled oommeroial developmeftts. In addition to the design and construction criteria established in other chapters or sections of the Boynton Beach Land Development Regulations, the following design criteria shall be applicable to the zoning, design.. and construction of planned commercial developments: BUILDING / SITE REGULATIONS PCD District Minimum lot area: 3 acres I Minimum lot frontage: Flexible Minimum perimeter yard setbacks: Front: 40 feet Rear: 40 feet Interior side: 30 feet Comer side: 30 feet Maximum lot covera2e: 40%2 Maximum Floor Area Ratio (FAR) 0.53 Maximum structure hei2ht: 45 feet4 1 Three (3) contiguous acres. 2 The total ground floor area of all buildings and accessory structures shall not exceed 40% of the plot on which they are constructed. 3 A Floor Area Ratio (FAR) of UP to 0.50 may be considered for local retail commercial uses allowed in the PCD zoning district (see "Use Matrix" - Chapter 3. Article IV. Section 3.). pursuant to the Local Retail Commercial Future Land Use classification of the Comprehensive Plan. 4 No more than four (4) stories. ll. Minimliffi. lafld area. The minimum land area for a planned eommereial de'ielopment shall be tm-ee (3) oontiguol:1s aeres. b. Off street loading. Every hospital, mstitution, hotel or commercial l:milding or similar l:1se reql:1iring the reeeipt or distriaution by yehicle of materials or merooandise shall ha?ie one (1) off street loading bay for eaeh tWeftty five thO:l:lsand (25,000) sqaare feet of gross floor area or fraction thereof. Off street loading areas shall June 7, 2007 101 ZONING be desigtled in such a lRiHHler as to sereen from Vie'll at grOlmd level, pai'ked ';ehicles, a materials hanelling faoilities including compactors or dl:lfllpsters. For the p\:lfPoses of this section, screooing is defined as a solid stucco masonry wall painted on both sides. c. Lot eoverage. The total grol:lnd floor area of all buildings afld accessory strnctures shall not exeeed f-orty (10) percent ofihe plot on whieh they are constructed. d. Open lot areas. ",\ll open portioRs of any lot shall have adequate grading aRd drainage and shall be continuously maintained ia a dust free eondition by suitable landseaping with trees, sh.-ubs orplaBted ground cover. The design of such laHdseaping and the measures taken to ensure its maintenance shall be sl:lbject to the appro'lal of the comlRl:lflity appearance board. Planned oommercial development district Front yard Side yard Rear yard 10 feet 30 feet 10 feet 7. Parkin2. As provided in Chapter 4. Article V. 8. Modifications Any modification proposed within the PCD shall be in conformance with Master Plan modifications pursuant to Chapter 2. Article II. Section 3.1. 9. Miscellaneous !:. Perimeter Landscape Buffer See Chapter 4. Article II. Section 2.A.3.d. b. Off-street Loadin2. See Chapter 4. Article VI. Section 2.A. .s Plattin2. a. Platting. All planned commercial developments are subject to and shall be developed consistent with the requirements of Chapter 2. Article II. Section 1 and Chapter 4 Chapters 5 and 6 of the Boynton Beach Land Development Regulations. June 7, 2007 102 ZONING d. Site plan. b. Site development plans. All plans for lots or parcels proposed to be developed within planned commercial developments are subject to and shall be developed consistent with the requirements of Chapter 2. Article II. Section 5 Chapter 1, Site Plan Reyiew, Land Development Regulations. ~ Duildin!! Permit. c. Permits. No building permits shall be issued unless and until platting procedures and the requirements outlined in Chapter 2. Article IV. Section 2 ~ of the Land Development Regulations are completed in every respect. June 7, 2007 103 Section 4. June 7, 2007 ZONING Industrial Districts. A. M-l INDUSTRIAL DISTRICT. 1. Use(s) Allowed. (See "Use Matrix" - Chapter 3. Article IV. Section 3).. 1. Permitted uses, no distance requirement. 'Within any 1 industrial district, no building, structure, land or "later, or any part thereof shall be erected, altered or l:lsed, in whole or in part, f-or other than one or more of the following specified uses; provided, hO'.vever, that any use or process that "(QuId be subject to a minimum distance reql:liremeFlt l:H'lder Section 8j~.2., would require conditional use approyal uHder Section 8.A.1., or would be prohibited uBder Section 8d^~.5. shall fully comply ','lith the provisions ofthose sections, '.vhere applicable. No distance requirement other than district setback regulations shall apply for the followiBg l:lses: a. Manufaeturing, fabrication, and processing as follov;s: (1) Bakery products. - (2) Ice and dry ice. (3) Textile prodacts, apparel, and elothing accessories, manufactlired from purooased fabrio and materials, exeludiag spinning, weaying, lrnittiag, dyeing, or treating of t~(tile mill proauots. (1) Sailmaking and canvas goods, including retail sale of goods maflUfac-tured on preHlises. (5) Leather cuttiBg and stamping; fabricated leather products. (6) Fl:lffiiture, oabiHets, and wood fixtmes, with gross floor area of shop not greater than 1'110 thoasand (2,000) sqaare feet. (7) Blind, sOOtter, shade, and avming fabrication from \vood, plastic, fabric, canvas, or finished metal pieces. 104 ZONING COR'/erted paper and pap~b~ard (8) . tam ing foldiflg, lammatmg, proaucts, limited to cutt~Hg, ~ :ooas'ed paper, paperboard, liniBg, eoatiBg, and tr{)atI~g 0 p foil, sheet, or film matenals. (9) StoRe ootting and fiHishing. .. "'fie art goods. Statuary, OfBameB.s, wI (10) (11) Glass and glass produots. . o....erv and por€lelaiB O~j CeramIC, p n OJ' . . Bly previously pl:ll'leflzed €llay, and l:lsmg produ€lts, l:lSIBg 0 . . kilHs fired only by eleetnClty or gas. (13) lnyestmeBt eastiBg. . . meat applian€les, (11) Maehmery, equ?.I: . hee ~arts and 1 r 't e to assembly 01 ulllS r parts, and too s, Iml e materials. (15) Eleetrieal and ele€ltroHio goods, limited to assembly of parts and materials. (16) Plastios, rubber, or fiberglass ~roduots, al' f ~arts and matenals. limited to oottiBg and assem ) 0 . . ...... """eats 01'ltioal 117\ PreaSlOn ms....lhu , r ~ t "} . t aHd €llo€lleNork eqaipmeffi, photogFaphie eqmpmoo, deyices. (18) Medieal and dental equipment. 19 Household goods and other small items () . , ds personal artieles, toys, suoo as jewelry, lapldaF). goo 'd m'l:1sieal ins1nlments; lHFll:lSeB'loot de'/i€les, sportmg gl?O . s~,.ertiSiHg speeialties, . . offi€le and art supp les, , statlOHaf), , . eookmaf'e aRd flatwaf'e. Flo'/elties, OfBlHFlootS, ROtIOBS, n, (20) Fruit packing and shippiRg. (21) ..\rtist an~ OfaftSfllan shops, exellldiHg retail display or sales on preB'lISes. Commereial servioes as f-ollov;s: b. June 7, 2007 105 ZONING (1) Industrial, commercial, offi~e ~nd . t. serFice r0flair, and rebl:l11dmg, profes~iona:l eql:lIP~~:~lY p;ohibited in Seotion 8."^~.5. excll:ldmg 1:lses specl (2) Household goods; servioe, repair, and . Ef 1 'or sale of any new, used, or rebuilding, exclu~mg !SP.t) mises Uflless specifically rebuilt mercha:adIse at retm oFlp~e : 1 8 ^ 2 8 ^ 3. allowed in accordance with Sectlons 8."~. ., ""~. ., .".. . or 8./~.1. . and antique l:lpholstery, (3) FurnIture CO'/eriHg, and repairing. (1) Steam and preSSl:lr6 cleaniHg services. ..1_. 1 iB:~ and (5) Septic tank, se'lIer, and wam c ean 0 fl a' t rage treatment, trans er, repair services, exell:l mg so, .ses nro','ided that a. 1 sf maste on pren'll , 1-' dumping, or Isposa '~rt of v/aste shall be parked and trncks l:lsed f-or the transp. .. fB: distance ti e "'ltft the mlftIml:l ..1 . n COH ormanc " storett I .. 8 ^ ~ requirem.eBt specified m SectIOB .".. . 6 PaekagiBg and la~eling. servi~es, ( ) . 1 ohibited m SectIOn 8.n.5. oxcll:ldiBg handling of materIa s pr ..1 ..1 tfee ma:inteBance (7) Lawn, garueB, anu services; laFldsoaping oontractors. (8) Recording and motion pieture srudios. Catering and food services. (9) (10) (11 ) (12) (13) (11) busiFlesses. (15) Data prooessing servioes. Researoo and de'.'elopmeBt laboratories. Commercial testing laboratories. Medical and dental laboratories. Upholstery and carpet steam cleaning T . ompanies '''ith exterior storage. owmg c " d.' 1 use (16) Vegetation reeyeliRg as a. c.on Itlona . a fee~'eling faCIlIty. to a solid 'Naste operatIng an June 7, 2007 106 ZONING c. Storage, distributioa, W'ld wholesale l:lses; retail display flfld sales shall be prohibited 1::mless speeifieally allowed in SectioBs 8..^~.1., 8.A.2., or 8.A.3. (1) ',Varehol:lses, self service stOfage faeilities (mini warehouses) in aceor<l8Ree 'with Section 11.0 storage loekers, and eold storage, exch:ldmg llses speeifieally prohibited iH Seetion 8..^~.5. (2) mdustrial, commer-eial, office, professional, afld busiHess maeftiHery, eql:lipmen.t, fixter-es, tools, and supplies, exell:ldiflg uses speeifieallyprohibited in Section 8..^~.5. (3) Household goods; storage, wholesale aRd distribmioB oBly; retail display or sales shwl be prohibited unless speeifically wlowed in accoroanee with Seetions 8.~^~.1., 8.A.2., 8.A3., or 8.~^~.1. (1) Building materiws, home improvemoot stores, lumber, door and ',v~do':; hardware, shades, sJ::R.Hters, bliHds, and a'lIniags; fencing, roofiHg, flooring, earpetiHg, tile, hai'dware, tools, paint, wallpaper, shelviag, eabiaets, furniture, partitioas, kitoooo and batnreom fixtlHes, pools and spas, glass flfld mirrors, plUlRbiag and eleetrieal supplies, 8Rd the like, iaell:ldiBg retail sales. (5) finished eonerete, briek:, clay, and stoBe buildiBg 8Rd payiag materials; sewer and water pipe, and cuh,ert; storage, distribl:ltion, wholesale or retail sales. (6) Pumps, gen.erators, motors, me proteetion equipmcnt, and irrigatioH eqt:lipment, iHcll:lding retail sales. (7) HeatiBg, eooling, vootilating, refrigeration, solar energy, '....ater eonditioaiRg and heating systems and eql:lipment, and major appliances, iHeludiag retail sales. (8) Pre fabricated sheds, iBcll:ldmg retail sale. (9) Nlffseries, greenboases, lawn and gai'den equipmoot, tools, 8Rd sapplies, iHcleding retail sale. (10) MOH1:lilloots and gravestones, inell:lding retail sales. June 7, 2007 107 ZONING ( 11 ) Feed and farm supplies, exelllding uses . 8 ^ ~ specifically prohibited in SectIOn .,~. . 13 faFm eEjuipment, 12) Trucks, uses, . . . . ( h. , and utility traIlers, mcludmg e8astffieaea mae mer), retail reHting and sales. 13) PasseHger vehicles, boats and pic~p ( . , ail sales or display, and excll:ldmg trucks, excludmg an) r~ . 1 f of Chapter 10 fJticle III . f" h. I iH "10 eo lOR , the keeplRg 0 ,e IC es B ' h Code of Ordinances. of the City ofBoyaton eae 11 Automobile, vehicle, and boat ?arts, ( ).. d lies' retail sales or dISplay accessories, furmshmgs, ~n .su~p , nd shan be permitted shall be prohibited as a pnBclpa ~se a ,. oouilding, or ' use to repa1f, sen ICe, r only as an acce~sof) h h seF'l'iees lawfully exist. installatioB serVICes, v; ere sue , Mobile homes, limited to areas \vest of (16) I d ~'ice including retail sales. cean J , (17) Live fish. d. TraBsportation, communioation, l:ltilities, and miscellaneol:ls uses as f-ollows: 1 Utilities, commllnieations facilities, ( ) . T..' shons and storage areas, t afl:a publIc utItl.les t' .l: 11 goyemmen , . 1 ding uses speC1ucauy polioe aBd fire statlORs, exc u prohibited in Section 8.A.5. (2) Package express aBd messeBger servICe. (3) Railroad sVlitehing yards, freight stations and termiHals, storage facilities, and shops. (1) Reeycling piek up facilities for paper, a s from households. glass, an c7s) Trade and industrial sehools. ) Radio or micrmvave receivers or (6 ~ , llse to a lavlful principal . H. g "o"'ers as an accessof) tranSmh:dn 1: " , 'I:l-Se-: (7) ,^~mbulance dispatch service. June 7, 2007 108 ZONING 8 Com.munity eenters, operated by HOB . ( ). , 'd d that HO more than 10% of the profit orgamzatIOns, pro t1 e floor spaee is devoted to offioe use. (9) Gj'HlRastie eeBters. . al use mmOO is not speeifieally e ^ ny eommereI n . . . "': ditioHallise in any other z0lllng listed as a perm~tte~ or e~~ ted as a prohibited lise in the 1 distriet, and ',yhIOh IS ROt IS ZOl'liHg Distriet. . a . eet to distanee requirement. 2. PermItted ases Sl:l j 1.. 1..1I""g st:R:1etuFe laBa, I' a trial distriet no uui u' u , , u,...1... ~l ~ IB-'liS~, I a " luHn J 1.. C hall be erected a tere , or t ef aa;' part tnereot- s , or ':;8 er, . if ' of the f{)llo':;iHg l:lses, used, iR ',yhole or I~ part e~ '::)ee l..nnared (300) feet is . . alstanoe Ot- ttH' thn: unless a mmIml:HR e and residential zOflcd property. maintained betweeR the liS d 1 a straight airline roate Said distanoe shall ~e measllr~..1 a +~~gzoHed nroperty to the It ~' lIne of reSlttethlttt r . from t e proP. c..1.. I + m1..ere the speeified l:lse IS . a. efheft Ot- ttt6 Or n 1"1 bull mg or P th t these 13ortions of the lot or strueture loeated, eKe613t a. . ..1.. .. l:lm distanee may be l:lsed . Ii I tea n'fthm ttte mIRIm . ':;hIe are ooa n r t d below, sooject to for lawful l:lses other than the u~es IS e distriet bl:lildiHg and site regulatIOns. +1.. at mould reqt:lire eORditional ^ ft'l.{ use or proeess ttt n 1.. '1... a . .... J . 8 ^ 1 or mould be pronIulte "all:H'lc:ler SectIOn ..~.. n . . l:lse appr{) y. ^ h n full 'eomply with the prO';ISIOns under SeetIOn 8.u.5. sa.) of those sectioRs, where applIeable. MaB-l:lfaeturiflg, fabrieation, and proeessiRg as a. follows: (1) Plastie products, limited to f?rmiHg of plasties materials, ineludiHg eompOl:lflding of resms. (2) Rlibber pro duets, limited to f~rmiRg ~f . f aBa nmertu e rubber materials; e](Cllidm~. Ire mamifaeroring and rubber reelamllng. MaehiHe shops, v;eldi~g ~d . . ths sheet metal fabneatIOn, metahvorkiBg shops, tI~S~l1 ~tamping eattiHg, joining, blaeksmith shops; ma~'1nmg, ther fo~ing of metals as if . g c:lfa.o'9:ng bendmg, or 0 ergIn, n , either a priHeipal or aeoessory use. (3) June 7, 2007 109 ZONING b. Other l:lses as follo'.vs: (1) .'\sphalt paving, patehing, roofiRg, and sealooatiBg, excll:lding asphalt and tar plants. (2) BuildiBg cleaning and janitorial services; sV/immiHg pool maintenance services. (3) Sandblasting on premises. (1) Bulk storage, distriblltion, v;holesale or retail sale of topsoil, lime, gra';el, limerock, shellrock, coal, miBerals, crushed rock, sand, ciHders, fooilizer, and the like, limited to an acoessory use to a building materials store, gardoo shop, BUfS0I)', contractor, or other lawful priReipal l:lSe:- (5) Trucking and transfer, and moving op0fations. (6) Contractors, operati'/e builders, and trade contractors shops and storage areas. (7) Parking or storage of trucks used for the transport of septic tank v;aste or other liquid wastes. (8) .'\dult eBtertainment establishments, in aceordance with Seetion 11.M. 3. .'\fty use whieh uses, handles, stores, displays, or generates hazardol:ls materials, hazardous \yaste, or a toxic substaaee, as the same are defifled by 10 Code of Federal Reg1:llatioHs, Part 261 or the Florida S1:1-bstaHce List as set forth in Rule 1.^~ 62.001, Florida Ad:ministratiye Code, shall require Fire Department Hazardous Material Disclosure in aocordance with Part II, Section 9 71 of this code. a. Manufacmriag, fabrication, and processing as f{)llows: ( 1 ) Dairy prodllctS. (2) Canned, frozen, or preserved f{)od. (3) Beverages and bottling. (1) Confections. June 7, 2007 110 ZONING (5) Prepared meat, seafood, and p0altry produots. (6) fJI other food produots, Flat specifically permitted in SectioR 8.f~.1. or prohibited iH Section 8..^~.5. (7) Furniture, eabinets, Ufld wood fixtl:lres, with gr-0SS floor area of shop of greater than two thousand (2,000) square f-eet. (8) PriHtiRg, p1:lblishiBg, bookbiHding, engraving, and allied iHdustries. (9) Pharmacemieals aFld biologieal products. (10) Cosmetios. (11) Plastios produots, limited to formiHg of plastics materials, iBoladiBg compol:lflding of resins, ';,41ere slleh uses would be established within the minimlim distafl:ee requirefReBt specified iR SeotioB 8..^~.2. (12) Rl:l-bber products, limited to formiHg of rnbber materials, aFld e~{Olllding tire and innertube manl:lfaeturing and maeer reel aiming, where stich l:lses v/otdd be established ';lithiH the miHiml:lm distanoe requirement speeified iB Sectiofl. 8.1\.2. (13) Fiberglass fabrieatioB aad repair, iReludffig fiberglass boat fabrioatioH lmd repair. (11) MaehiHe shops, ';/eldifl.g and metalworking shops, tinsmith, sheet metal fabrication, and blaelmmith shops; maehinifl.g, stamping, eutting, joiHing, forging, drawing, bending, or other formiHg of metals as either a priFleipal or aeeessory use, where sueh uses would be established within the miBiml:lffi distance reql:lirement speeified in Section 8..^~.2. (15) Electrical and eleetroBio goods inyolving processes other than assembly of parts or materials. (16) '.' ehicles, transportatioB e(;}l:1:ipmoot, and boats; farm and eORstruction maehiHery. June 7, 2007 111 ZONING (17) Mobile homes, provided that such uses shaH be loeated "'lest of later state 95. (18) Plated ware manufacture; industrial electroplatiHg and anodizing as either a prinoipal or aceessory l:lse; replatiHg shops. (19) Ch6lRical cleaning and etching of metals, limited to an accessory use to a lawful principal use only. b. Commercial services and contractors, as follows: ( 1 ) Concrete COBtractors and f)"l:1mpmg service, excllldiBg concrete plants. (2) COBtraetors, operative builders, and trade coBtraetors shops and storage areas, where such uses would be established \vithin the minimum distance requirement speeified in Section 8.A2. (3) .'\utomobiles, bl:lses, trucks, and other motor '.'ehicles; cOHstruotion and farm eql:lipmeflt; service, repair, ret:milding, and storage, ex eluding the keepiBg of vehicles in violation of Chapter 9, Article III, of the City of BOyRtoR Beaoo Code of Ordinances, and (mc1uding automobile service stations selling motor fuels at retail. (1) Boat storage, service, repair, rebuilding, and customiziRg. (5) Furniture cleaniHg, stripping, and refiBishiRg. (6) ExterminatiHg, fumigating, and disiHf-eetiBg services. (7) Print shops, photographic laboratories, commereial photography, commercial art, silksei'eening, lithography, typesetting, and blllepriRting services. (8) Uniform, towel, and linen supply services; industrial lal:lRderers; ltmndry and dry cleaning plants, excluding retail pielrup and drop off on premises; carpet and rug cleaning plants. (9) Tire recapping. June 7, 2007 112 ZONING (10) BuildiRg eleaniBg afld janitorial serviees afld s','/immiHg pool maintooanee serviees, where saoh l:lses would be loeated withiR the miRimum distaflee requirement speeified in SectioH ~L^...2. e. Storage, distribatioH, wholesale, aRd other uses, retail display and sales shan be prohibited l:lflless speeifieally permitted below or else'Nhere in this seetion. (1) Petrolel:llR and petroleam pfodl:lcts, iHellldiRg sol-ioots and liquified petroleum gas; balk or nOHbulk storage, sales, or distril:mtion. (2) Chemicals, pesticides, and herbieides, excladiHg bl:llk storage, blllk sales, or balk distribation. (3) Bl:llk or Honbulk '::holesale or retail sale of solveBts afld eleaning preparations, inell:ldHlg fofB.'Hilating of eleaB.tF1g preparatioRs f{)r sale OH prem.ises. (1) fudllstrial afld medical gases; bottled or bulk storage, sales or distri-batioR, ~(eludiRg ehloriBe, fluoriHe, all'lfHoRia, hydrogen sulphide, sulplmr dimdde, or toxie gases. (5) Temporary aHlusem.eftt parks and rides, fairs, eami'/als, eireases, and re>nyals, provided that all ooeh l:lses shall ha'le a miHimum froBtage of 1\\'0 lmndred (200) feet on a eollector or arterial road aRd the major aeeess thereto, and that the duration of any Sl:leh use shall Rot e-xeeed fourteen (11) eOHseeatiye days within any ORe year period. 1. COHditioRal l:lses. 'Nithin any 1 iRd:ustrial district, HO building, stmeture, lafld or water, or an)' part thereof shall be erected, alterea, or ased, iR whole or part, for ORe or more of the following uses, l:lflless a eonditional use appreval is seoored aeeording to the stafldards and procedures set forth in Section 11.2 of these zORiBg regulatioHs; provided, howe'/ef, that any l:lse or proeess that would be subject to a minimum aistaBee requirem.eftt under SeetieR 8.,\.2. or ',';ol:lld be prohibited uRaer Section 8.f~.5., shaH fully oOlRflly 'l:ith the provisions of those sections, where applioable. June 7, 2007 113 ZONING a. Millwork and truss plants, pro'.'ided t~at such fl to the miniml:lH'l distance reqUIrement uses con arm . . 8 ^ ~ speeified m SectIOn .,~. . b. Commereial tele'.'ision, radio and microv,avc broadcasting or relay tov:ers. \rooas stadiums, frontons, convention and c., , aoks ro' 'ided that all sl:lch uses e-xhibition halls, and racetr , ~h': hUBdred (200) feet on n h inimum frontage Or.., 0 sha ave am. ..J d hall have the major access a collector or artenal roatt, an s thereto. d. Helistops, limited to aB aecessory use to Q la',vful principal use. Cutting of sub primal portio~s of meat ~nd e.. ,. ortions ino1udmg packagmg pre cut p~l:lltry ~nto sef'.m~ ~rtions (eFltenBg the facility) d h' g m ere pre Ol:l an s IppIn TO d d maste geBerated will not 'Nill not exeeed 10 pOl:ln san" exceed 1 % of pre cut product. f Danee iBstruction. .. h mhieh in':olves 114edical or sOleBtIfie researe TO . I g. . . fhWHan or anIma the use, treatment, storage or proeessmg 0 bodies or body parts. June 7,2007 h. Carv/ashes. Prohibited uses. V/ithiR any 1 industrial district, .5. . land or 'llater, or any part thereof no bl:lIldIBg structure, r ~sed in whole or in part, for any shall be erected, altered, 0 ..J.' or..Jance mith Sections ificwl ' allowett mace tt " . use not spec ) 8 ^ 1 f those zoning reg1:1latIons, 8 ^ I 8 .^~.2., 8..^..3., or .. ~. . 0 . . . ..~. ., . f the follomiBg o1lpressly prohIbIted uses. or --er any 0 " a. Manl:lfaernring, fabrication, processing, and extraction as follows: (1 ) Grain and feed products; crop processing. (2) Vegetable fats and oils. (3) Distilling and brewing. ( 1) Seaf{)od processing. 114 ZONING ..t ..t"""'ftg ef meat and (5) Slaughtering anu reRu,,",u ..t . :from eareasses. pOl:lltry proeessing, and uresslBg, S 1 ards and feediRg peRS; keeping, (6) toe ~. l~' . . 1 ghter of li'/estock, horses, or po\:!: . ralsmg, or s al:l ..t . of aItimal or marine fats, oils, (7) ReRttenng c. + ft "es f roeessed bones, la.., 00, , and other proauets; llse 0 ~ imal prodl:lcts for the horns, or other l:lHproeesse.an ilizer prodl:letion of gll:l6, soap, lard, OIls, or f.eFt . (g) Sugar proeessing and refining. (9) Commerelal proauctioH of field or tree ~ . fiRishing, and (10) Leather taBBing, .oo-nBg, eoloriBg; storage of ra''v hides or skms. . a teeaeeo products (11) Tobaoeo proeessmg an mamlfac-turiHg. .. I" ayeing, or (12) 'Nea':iRg, splnmng, ffilttlBg, treating of teKtile mill products. PuJ mills' paper and paperboard mills; (13) p :1..' a ~{:)duets not speeifieally a aper and papeftloar 1"' . OOBverte.p . ^ 1 (g) ofthese zOBiHg regulatioRs. permitted In SeetlOn g.. ~. .a. ..t 111ea 1'lroauets Bot (11) Chemieals anu a. . 1"' . H By aUomed elsewhere iB this seetton. speel ~ea..-- n . e tfeatiHg and (15) \1./ ood preservmg, presS'l:lf , drying. :e. '6 aDd (16) Fertilizer, pestieides, her leI es, agrioolmral el:1emieals. . +' matehes, and (17) Explosi'/es, amml:lfthlOn, fireworks. (18) Pctroloom. refiBmg. ft I t aa:a eoal pro duets. (19) Petroloom, asp a t, ar, June 7, 2007 115 ZONING (20) Plastics, manl:lfacruring of resins, primal)' plastics materials, synthetic rubber, eelll:llose, and synthetic ~ (21) Rl:lbber, manufacture of primary rubbcr materials, tires aIld innertubes, and rubber reclaiming. (22) Soaps, detergeBts, and cleaning preparatioHs, other than miRing or blending. (23) Paints, 'lamishes, laequers, enamels, and allied products, other than mixing or blending. (24) Cemeflt, conci"ete, gypsum, limc, and plaster maRufaeture, and products madc therefrom, other than those uses speeifieally permitted in Section 8..<^..1.a. (25) Brick, firooriek, terra cotta, clay pipe, struetural clay tile, and refraotories. (26) }.sbestos products. (27) Processing ofrock, sand, grayel, shellrock, limerock, miIleral earths, and the like. (28) Primal)' metals manl:lfaeturiRg; smelting, refiniBg, mills, furnaoes, and f{)l:lBdries, oxcept as speoifioally allo',ved in acoordance y;ith Sections g.f~.l., L^~.2., or 8..^..3. (29) Drop f{)rging. (30) Chemical cleaning or etooing of metals as a principal use, or any chemieal descaling of metals. (31) Coal or coke fired kilFls and furnaces; coke ovens. (32) Mining or quarrying, incladiRg removal of rook, sand, ml:lek, marl, soil, gravel, or shellroek, exeept as ineidental Of necessary for oonstruction on the premises. (33) Aerosol filling and packaging. (31) Liquid, oil, or chemioal electric transformers, manufactl:lre or rebailding. June 7, 2007 116 ZONING d' 1:l"ffimion wHolesale, retail, and b. Storage, IS , serviees, as fellOVIS: . 1 flat specifieally (1) Any retail dl.Sf>lay or sa e, II d else"'here in tms sectlOR. a owe n (2) Farmers' markets. 1 :s aafS s"'ap shops, (3) Flea markets, sa es az , n d t '1 a he like' sale or display of l:lse re al tradiBg posts, an t , 1 +elv rebl:lilt or refini9bed a. fuel' than oOffifl 61: J a . merehan we, 0 ,.. aId be allowe III .....erehandise '.vhere sl:loh l:1ses nO m . 8 ^ 1 8anoe "'itfl SeotlOB .,~. . aOOOf- n ( 4) CrematorhllRS Bfld the like. Explosives, am.ml:lHitioH, matohes, and (5) fireworks. a. ':S f fl or olllk (6) Bulk storage, bulle Ism l:l 10 , sale of ehemieals and allied products. I' {la,aflBe ammoma, (7) Compressed eh onRe, . ' . 1 hide oolfur dioxide, or tOXIC gases. hydrog6f1 su p , (8) distribmion of chemioals. :s D Ie af bulk Blllk storage, u e sa , . pesticides, herbicides, or agrIoo,lmral (9) Offioes or restallfaBtS, e~eeept as an to a lamful f)fl.1'loipaluse. aocessory l:lse n s: '1" g Bfta ehemieal pest, (10) ,'\grieultaral tertI lZ.lB , . ..' d or soil treatment servloes. dISease, nee , :S'le s~'iee stations. (11) Tmek stops or al:ltemo 1 , I a aag kOOflels and (12) BoardiHg kemle s; guar training servioes. June 7, 2007 a' lay l:lnless (13) '\fry open storage or 1Sf' '. ' t that owing plants ,...,filch are adequately soreooed, I?>>teep .gr ing '\ftyexterior . a h U flOt reql:1ue sereeH: . , stored or dlsplaye s ~ b t in a wi'eoked oondition :f taf "elHoles or oa s . . al storage 0 mo '. ction "'ith a lav;ful pnneif) shall be penRitted oBly lR conne . n . and 9ball be a I "'here in thIS seetloH, use allowe e se n h the open storage offann adequately sereooed. Fllft enRore, 117 ZONING tractors and implements, shovels or cranes, and special mobile equipment as defiBed by Section 316.003, Florida Statl:ltes shall be adequately sereened. c. Transportation, communioatioB, utilities, and miscellaneous uses as follows: ( I ) Chemieal and toxic ':laste storage or disposal; tank truck cleaning. (2) LaRd fill operations. (3) .Airports, airfields, and landiBg strips. (5) Residences and trailer parks; use of vehicles or house trailers as li'liBg ql:larters. (6) Storage, salc, salvage, transfer, or disposal of junk, sorap, garbage, offal, refuse, or other waste materials, exeept as specifieally allowed else'.vhere in this section. (7) Recycling sorting or processing facilities. (8) L^~imal disposal faeilities. (9) Incinerators of any type. June 7, 2007 ] 18 ZONING 2. Buildin2 / Site Re2ulations: and site regulations: 6. Building BUILDING / SITE REGULATIONS M-l District Minimum lot area: 10,000 s.f. Minimum lot frontage: o feet Minimum yard setbacks: Front: 15 feet Rear: 20 feet1 Abutting: Residential district( s) 30 feet Interior side: 15 feet2 Abutting: Residential district( s) 30 feet Comer side: 15 feet Maximum lot covera2e: 60% Maximum Floor Area Ratio (FAR) 0.503 Maximum structure hei2ht: 45 feet4 Where rear yard abuts a railroad right-of-way or any paved alley, the rear yard may be reduced to 10 feet. 1 f. Where rear yard abuts a paved alley or street then no side setback shall be required. 3 A Floor Area Ratio (FAR) UP to 0.50 may be considered for industrial uses allowed within the M-1 district (see "Use Matrix" - Chapter 3, Article IV. Section 3), pursuant to the Industrial Future Land Use classification of the Comprehensive Plan. 4 Not to exceed four (4) stories. MiBim l:ll1l lot area 10,000 sE}tiare feet MiHimlHB lot froatage None MiHimlHB front yard 15 feet* 1fiaimlHB side yard (interior) 15 feet one side MiHimlHB side yard ( eomer) 15 f.eet street side MinimlHB rear YiH'd 20 f~et** MaximlHB lot eoyerage 60 pereent Maximum height 15 feet, not to 6'xeeed -1 stories *Exeept where rear of the lot aDtits a payed alley or street, June 7, 2007 119 ZONING theR no side setback shall bc required. **"\Vber'0 rear yard abl:lts a railroad right of way or any paved alley, the rear )r.aR:i may be reduced to ten (10) f'661. Notc: Where lots abut a residefJ.tial area, the correspoFlding side and/or rear setbaek shall be a minimum of thirty (30) feet. ,^Jl necessary roof mouBted mechanieal equipment shall be sOl:lnd baffled. 3. ParkinS!. As provided in Chapter 4, Article V. 7. Off street parking. ,'\5 provided in Section 11.H. hereiBafter. (Ord. No. 95-23, ~ 1, 8-15-95; Ord. No. 95- 24, ~ 4, 8-15-95; Ord. No. 96-03, ~ 1,3-19-96; Ord. No. 00- 04, ~~ 1,2,4-4-00; Ord. No. 00-34, ~ 1,7-18-00; Ord. No. 01-57, ~ 2,11-20-01; Ord; No. 04-002, ~ 2, 3-16-04; Ord. No. 04-027, ~ 6, 4-20-04; Ord. No. 05-015, ~~ 2, 3, 3-1-05; Ord. No. 05-024, ~ 2, 6-21-05). June 7, 2007 120 ZONING B. PID PLANNED INDUSTRIAL DEVELOPMENT DISTRICT June 7, 2007 1. Intent The purpose of this district is to provide for current demands for light industrial and other compatible uses in a planned setting. This district is intended for development that reflects changes in technology, is capable of being designed sensitive to the environment, conserves natural amenities, and promotes the public health, safety. convenience. welfare and good government. Regulations for the Planned Industrial Development (Pill) district are intended to create a desirable environment for employees, customers and others traversing the Pill as well as with respect to current and future adiacent residential development: reQuire economies of scale in providing public services: require placement within close proximity to other employment centers: and provide internal and external connectivity through optimal design and access to available modes of transportation. SectioB 7. PlaBIled iHdHstrial development distriet. .^~. INTENT .'\ND PURPOSE. A planned industrial developmoot district (Pill) is established. The purpose of this distriet is to proviae a zoning elassifieation for light iRdHstrial developmoot that 'mIl better satisfy em-rent defflands for light iRdlis-trial zoned lands by OOeOlH'agiflg de-yelopment whieh will reflect ehanges in the teehnology of land developmoot and relate the developmeat ofland to the speeifie site and to cOHserve Ratliral ameRities. Regulations for the PID are imooded to accomplish a more desirable OftviroBHloot for industrial d6'felopment in relation to e-xisting and/or fuMe city de'lelopmeBt, permit eeonomies Hi providiHg public services, allow for economies of scale Hi industrial developmoot, and to promote the pub lie health, safety, eOlT'/eflieRee, ':lelfare and gooEl govermnoot of the City of BOyntOR Beaeb.. Pill dis-triets may eontaiH Mixed Use Pods v/ith retail, commercial, office, and residemial eomponoo-ts, 9l:lbjeet to the design and approval eriteria hereinafter set feftlr.- 2. Locational Standards G. LOCATIrnL^..L ST f~ND:\RDS FOR Pill'S. In reaching recommendations and decisions as to zoning land to Pill the planning and development board and the governing body shall apply the following locational standards, in addition to the standard's applicable to the rezoning of land generally: 121 ZONING !:. Maior Transportation Facilitv -l-: Relation to major transportation facilities. A PID shall be so located with respect to major roadways or other transportation facilities as to provide direct access to it without creating or generating traffic along streets in residential areas or districts outside it. b. Public Facilities and Services ~ Extensions of city-maintained waterlines, sewer lines, pumping stations, streets and storm sewers, etc., shall be constructed at no expense to the city and all such construction shall be in accordance with city ordinances and specifications. ~ TopoS!raphv ~. Physical character of the site. The site shall be suitable for development in the manner proposed without hazards to persons or property, on or off the tract, from probability of flooding, erosion, or other dangers, annoyances, or inconveniences. Condition of the soil, groundwater level, drainage and topography shall all be appropriate to both kind and pattern of use intended. 3. Application to Rezone !:. The procedures and requirements to rezone a parcel to pm shall be in accordance with Chapter 2. Article II. Section 2. b. When the pm is to be develuped in a single phase. the Site plan for the development may also represent the Master plan. .s D. UNIFIED CONTROL. All land included for purpose of development within district shall be under the control of the applicant (an individual, partnership, or corporation or group of individuals, partnerships, or corporations). The applicant shall present satisfactory legal documents to constitute evidence of the unified control of the entire area within the proposed PID. The applicant shall agree to: June 7, 2007 122 ZONING a. h Proceed with the proposed development according to the provisions of these zoning regulations and conditions attached to the zoning ofthe land to PID; b. b Provide agreements, contracts, deed restrictions, and sureties acceptable to the city for completion of the development according to the plans approved at the time of zoning to PID and for continuing operations and maintenance of such areas, functions, and facilities as are not to be provided, operated, or maintained at public expense; and ~ ~ Bind their successors in title to any commitments made under subsection ~ and b D.1 and 2 above. All agreements and evidence of unified control shall be examined by the city attorney and no zoning ofland to PID classification shall be adopted without a certification by the city attorney that such agreements and evidence of unified control meet the requirements of these zoning regulations. 1. PROCEDURES FOR ZONING L^~ND TO PID. The proeedure for zoning laBd to the PID olassifieation shall be the same as for zOBmg land generally. Beeal:lse of tHe differooees iR PID deyelopment:s and the oOfleept of l:lRified eORtrol in development, the f{)llowing procedures and requirements shall apply to applieatioHs for zoning to tHe PID classification in addition to the general reqairements. 1. L'\pplieatioHs; materials to be submitted. In addition to information requ-ired for applieation f{)r zOIDng generally, tHe appIieaB-t shall iSR:lBmit the followiRg materials or data: a. Legal doeuments assuring unified control of the proposed PID and the agreements requked l:lHder stibsection D. b. f~ master site de'lelopment plan eontaining: June 7, 2007 123 ZONING (1) The title of the project and the names of the professional project planner and the developer; (2) Scale, date, north arrow, and general location map; d . of the property in':olyed, '3 \ BaUD anes ~ J 1.. 'lel" gs "'atercourses, all existing streets, uUl In ," .. t section lines and other eXIstIng easemen s, Ef . . . rtant physical features in and a JOlRIng lmpo the project; 1 Site plan of locations of l~nd uses ~n~ll:lding bl:lt not limited to industnal areas, greeBhelts and proposed rights of 'Nay; (5) Master plan sho'.ving aeeess and traffic flow; and 6j Tabulations of total gross aCi'eage In ~e development and the perceBtages thereof to be de'loted to the various land u~es. Repealed by Ord. No. 78 37, ~ . c. J PL^...NNING "^~ND DEVEL?PM~NT EO ^ DJ) FINDINGS. After p1:1blw kearm!!. " 1 . and de"elopmoot board may the p amlIng. 1.. t tft d to the !!O' 'erning body tlla e reoommen - ' . t t a . be granted soolect to s a e Pill ZORlHg - ' a. Hod stipulations and conditions, or Isappro,. . In makin!! its reeoHlHleBdatiofls. the plannmg and develoDfFloot board shall fiHd ~hat tk~ d doe-mnents soomItted by plans, maps, an blic the aPDlioant and presented b~ :~h~u the hearag do or do not esta IS f ~ - . INS 0- aD1:l1icant has met the re~Ulreme I' bl ' b tion I of these reJrnlatlOns aDD lea e su see aa' . to zoning !!ooerally, and in a ItlOB: 1. The reQuiremeFl~s of uni~ed cORtrol and agreOOlents set out In sllbsectlOn !ti June 7, 2007 2. The locational standards set out in subsection G; 124 ZONING 3. The internal Pill standards set ol:lt in subsection H; 1. The traet for the proposed Pill is suitable in terms of its relatioRshfes to the city eomprehooshre plan and that the area sl:lITol:lflding the pref'losed Pill eaa cOBtiB'l:le to be developed in ooofdi.Ration and substaB-tial eOHltlatibility with the Pill proposed. K. CONDITIONS AND STIPULf.. TIONS. lH reeomtnoodiBg zomng of land to Pill elassifieatioB. the t>lanniH2: and developmeftt board may reoommefld and the 2:overnin2: body may attaeh suitable oOflditieHs. safeg1:1afds, and sti;palatioHs. iR aoeord with stanaaf'as set out in these zomng reg1:1latioRs and m this seetioB. The eORditioHs. safe2:Uards aad stfeulatiofls so made at the time of zOBiHg to Pill shall be bindiB2: llpOB the aoolieaBt or his Sl:leeessors in interest. De~;iatioBs from appro'led plans exeept iH the matlB6f herem set om: or faillife to eOlRflly',',4th aft't reoawemeftt. eenditioH. or saf-eg1:1afd, shall eeBstitate a violation of these zomflg relimIatioHs. It is mteRded that no oOHditions, safee:uaf'ds or sti:pwatioBs be required whieh are Hot withiB the standards set ol:lt iH these ZOmfl2: fC2:I:llatioBs and iR this sectioR and that eOflditiofls, safef!l:lards. and sti:pulatiofls be elearh related to the eB:ds Bfld obiecti';es of tkese ZOmH2: regulatioBs Bfld this section. 4. Hotel and motel doosity. Permitted deRsity tor hotel afld motel development shall Hot exceed tweRty (20) l:H'lits per aare. 4. Use(s) Allowed and Use Approval In the Pill, a building and its customary ancillary structures and land uses may be erected. altered and occupied for any industrial, office/ professional. commercial business (wholesale or retail) use; educational and institutional uses; adult entertainment use (subiect to additional restrictions within the Land Development Regulations); recreational and June 7, 2007 125 ZONING attraction uses (as defined for the Industrial Future Land Use classification); and town home, multi-family. and mixed- uses and projects in a PID, Qualifying for a Mixed-Use Pod. NOTE: All uses described in this section must be approved by the City Commission for placement on the respective PID List of Approved Uses, through the Use Approval Process (see Chapter 2, Article II, Section 7). In approving uses for a PID, the City Commission shall make findings that the use or uses proposed will not be in conflict with the Operational Performance standards listed in Chapter 3. Article IV, Section 1 of these regulations, and are consistent with the intent and purpose of this section. E. USES PERMITTED. In the PID, a building and its customary aneillary structures and land l:lses may be ereeted, altered and occupied f{)f any offiE:le, professioBal, busiBess (',YRolesale or retail), educational institution, adult entertaimnent in accordance ':/ith Section 11.M., recreational and attractions as defined for the industrial land use classifioation, multi family residential, and mixed use residentia:l/commercial uses iR Pill's totaling a minimlHTI of 500 aeres or indl:lstrial use provided that sueh use or uses is/are appro','ed by the planRing and development board. In approving uses in the PID, the planniRg and de','elopment board shaH malce fiFldings that the llse or l:lses proposed will not be in oORflict with the performanee standards listed in Section 1.N. of these zoning regulations, and that the use or uses proposed is/are consistoot with the intent and purpose of this section. For the purpose of this section, educational instiMion shall mean a public, quasi public or private facility that off-ers instruetion to students for OBe (1) or more of the following needs: presehool programming; tutoring; kindergarten, elementary and seeondaTY grades schooling; higher learning for the purpose of granting degrees in u partioular field and oeeupational or industrial, teehBical training. In addition, uses permitted are subject to limitations as follo\vs: 1. Outdoor storage of materials may be permitted based on a fiBding of the planning and development board that such storage does not exceed fifteeB (15) per cent of the total square f{)otage ofthe bl:lilding site and that suoh storage is sereened and fenced to preelude exposure to the public; aHd 2. .^~ny use appro','ed by the planning and de'lelopmoot board f{)r a particular Pill V/hich uses, handles, stores, displays, or generates hazardolls materials, June 7, 2007 126 ZONING . bstanee as the same may be hazardous waste, or a/~x~c ~ Regula~ions, Part 261 or the defined by 40 Code o. e ere t forth in Rule 4A 62.001, . a g, bstaBee List as se . F' Flon a l:l .. '.. Code shall also re<fl:llre Ire Florida AdmInlStratI. e i . '1 Disclosure, in aceordance Departmen-t Hazardous 1 aten~ ':/ith Part II, Seetion 9 71 OfthIS code. a b' the planniBg and ^ , l:lse approve ) Ell ' ~) . lar Pill "'hieh uses, han es, b a:{; a~artIetl .. de'/elopment oar or at' als or whiek generates a. I 's h~ar OllS mil en , I stores, or !Sp a) db' 10 Code of Federa has "'aste as define) . t I azar Ol:l .., I uire an efl"IrOmnen a . P ft ~e I shall a so reEl . RegalatlOBs,. ~ ' ce "'ith SectioR 11.3 of these rc>'ie'" peffBJt In aceordan " y "'f zoniRg regulations. USES PROHIBITED. I R esideBtialases 'with the eKeeptioB of ae~:ss~~ . ~ . fami! ' and mixed l:lse reSl en-tIa hotels or motels. ~4altI ..' d ~ PID's with gross aereage I mffiercial llses are allo.. e In ,co totaling at leas{ 500 acres. F. 2. .Aeid manufaeture. CefRent and/or lime maHUfaet\:lfe or proeessiRg. 3. 1. L1:HRber yards. 5. Asphalt and tar plants. MaflUfaeh1re or storage of explosi-:es. Paeking plaB-ts, caIming plants or slaughter yards. 7. PetroleurB. storage, refiRing or transfer. 6. 8. 9. Stoekyards. Renderiflg p1aB-ts or glue works. 10. 11. Pulp or paper mills. 12. Parking ofhotlse trailers and l:lSO of such trailers as liyiHg Etaarters. June 7, 2007 127 13. ChefRieal plants. ZONING 11. Fertilizer manl:lfaeturing and/or distribution. 15. Crematoril:lms. 16. Dyeing plants. 17. Junk and salvage yards. 18. Sanitary landfill operations. 19. SmeltiRg and casting operations (except investment type casting). 20. Concrete mixiBg plants. 5. BuildinS! / Site ReS!ulations BUILDING / SITE REGULATIONS PID District Minimum project area: 25 acres 1 Minimum lot frontage: Flexible -~--_._~------~---- ---- Minimum yard setbacks: Front: 30 feet Rear: 30 feet Interior side: 20 feet Comer side: 30 feet Maximum lot covera2e: 60%2 -- Buildin2 Separation: 25 feet .~- Maximum Floor Area Ratio (FAR): 0.53 -- Maximum structure hei2ht: 45 feet4 1 Twenty-five (25) contiguous acres. 2 The gross floor area of the building and accessory structures shall not exceed 60% of the lot on which it is constructed. 3 A Floor Area Ratio (FAR) of up to 0.50 may be considered for industrial land uses allowed in the prD zoning district (see "Use Matrix" - Chapter 3. Article IV. Section 3.), pursuant to the Industrial Future Land Use classification of the Comprehensive Plan. No more than four (4) stories, with the exception of buildings in Mixed-Use Pod of the prD pursuant to Chapter 4 June 7, 2007 128 ZONING 3, Article III, Section 4.B.9.d. ofthese Land Development Regulations. 6. Parkin2 As provided in Chapter 4, Article V. 7. Modifications Any modification proposed within the Pill shall be in conformance with Master Plan modifications pursuant to Chapter 2, Article II. Section 3.1. 8. Miscellaneous O. ZONING ADMINISTR.^~TOR. Bl:lildiBgpermits. No buildiRgpermit or oertifioate of oeoopaney or zoning oomplianee shall be issued in or for de>/elopmoot in a Pill district exoOflt in oonformity with all provisioHs of the zoning to Pill olassifications and plans s1:lbmitted l:1flder subsection M of these zoniHg regulatioHs. (Ord. No. 96 51, ~ 1, 1 21 97, Ord. No 00 00, ~ 1,23 21 00) !:. Perimeter Landscape (Greenbelt) Buffer See Chapter 4, Article IT, Section 2.A.3 .e. b. Off-street LoadinS!. See Chapter 4, Article VI. Section 2.B. L. TIME LIMIT}..TION FOR COMMENCING PLATTING. a. FollowiHg City Commission approval of an applieatioR for the zoniHg oflands to P J.D., the ]3fOperty O':lflef shall commence platting of the property withiR eighteen (18) moath:s of the date of oOHlmissioR approval. For the purposes of this seotioR, the eommoocem.oot of platting shall mean the filiRg of a plat by the dell/eloper with the ~ IT. If platting procedures are Hot eommenoed 'lIithiR the eighteea month time period provided for herein, thea the approval of rezoning shall be subjeot to revie':l by the City Commission. The eommissioB shall direct staff t{) submit to the City Commission an application '.'I-hieh will dO':lfl ZOHe the property to the origiflal or appropriate zoning district. Follo'lIing sueh directioR by the City Commission, no new develoPHleat permits affectiHg the pro]3erty shall be issaed by the eity l:lfltil a final determination is made by the City Commission follo':ling notice and pl:1blie hearing. June 7, 2007 129 ZONING 6; UpOB '.vritten request by the applicant prior to the expiratioB of the eighteen month time period provided f{)r herein, the City Commission makes the time period for eommenCen:loot of platting procedures by a maximl:lm oftweh'e (12) additional months. In granting such extension, the City CommissioB may impose additional conditions as it deems necessary to eHsare completion of the platting process and to conf{)nn the project to current development standards or, which are Beeessary to preserve the health, saf.ety, and welfare of adjacent communities or d0':elopments. 4- NORsubstantial changes in plans as determined by the City CommissioR shall not extend the time periods provided for herein. M. PL^~TTING, SITE DEVELOPMENT PL\NS AND BUILDING PERMITS. 1. Platting. FollowiBg the zoning of land to PID, plans and engineeriBg dra',vings shall be submitted to the city in accordanee with procedures ostablished in city ordinanees. The proposed plat shall be in substantial compliance '.vith the approved master development plan submitted as part of the application for zoning to PID. Phasing of the de-yelopment of the PID shall be permitted if the proposed plats(s) provide for reasonable contiffiled development in accordance with the approved master plan. 2. Site development plans. Site d6'.'elopment plans shall be submitted in S6':en (7) copies along ..lith aB applioation provided by the eity planner and a fee as adopted by resolution of the City CommissioB. These site de':elopment plans shall include blXt not be limited to the data and materials required in Chapter 1 of the Land Deyelopment RegulatioBs. Furthermore, these site development plans shall reflect the design criteria cited in subsection H abo'fe. .s BuildinS! Permit. 3. Permits. No building permits shall be issued unless and until platting procedures and the requirements outlined in Chapter 2. Article III. Section 1 .s of the Land June 7, 2007 130 ZONING Development Regulations are completed in every respect. 9. Mixed-Use Pods !:. Intent. The purpose of these provisions is to establish small mixed-use nodes containing a combination of residential, commercial and office uses in close proximity to emploYffient centers and available modes of transportation, while also meeting the intent of the Pill district described above. The Mixed-Use Pod is intended for a master planned setting that provides optimal internal and external connectivity for residents, employees, and other visitors, and generally follows the livability and connectivity standards promoted in the Smart Growth initiative. P. MIXED USE PODS ''''!THIN l\PPROVED PLf~NNING lNDUSTRL^~L DISTRICTS. For the purpose of this subsection, a. Mixed-Use Pod is defined as a development protect located within a previously approved Pill. The following criteria shall apply to Mixed-Use Pods proposed for development within an approved Pill: 1. Mixed Use Pod oomponeRts aDd definitioB. a. For the purpose of this subseetion, a Mixed Use Pod is defined as a deyelopmtmt projeet loeated entirely within a pr6Y/iously approved pm whioh, when complete, will ha'le all of the follovling l:lses: 1) Ml:llti family residootial. 2) Commereial/retail. 3) Office and professionaL The residential component of the Mixed Use Pod may iflell:1de f-ee simple and rental dv;elling units. .\ Mixed Use Poa is the aggregate of all land withiR the PID designated for mixed use. b. Definitions. 1) Master Site Plan. Master Site Plan is the oOReeptl:lal plan for the oo-tire Mixed Use Pod with which individual teelmical site plans and June 7, 2007 131 ZONING buildiBgs as prooessed by the Toehnioal Revie\v Committee (TRC) are to be oonsistent. Plan requirements of Master Site Plans are defined herein. 2) Technioal Site Plan. Technical Site Plans are development plans for one or more lots submitted in compliance 'l/ith Chapter 1, Section 7, V~. through G.) and Section 8. Prior to approval of the Master Site Plan, teohnieal site plans may be revie''ved by the City Commission, for revity,V and approval of waiver requests for fle~dbility of development regulations. Such plans shall meet the regulations for teohnieal site plans and shall specifioally list in the tabular data those specific elements of the plan requiring ',','aiver approval. b. Establishment of a Mixed-Use Pod To ensure attainment of these designs obiectives. as well as to accommodate adequate buffering to ensure compatibility among varying uses, a PID district eli~ble for a Mixed-Use Pod must contain a minimum of 500 consolidated acres. The establishment of a Mixed-Use Pod shall also conform to the requirements of this section, and be in accordance with the process requirements of Master Site Plan within a Mixed-Use Pod (Chapter 2. Article II, Section 4. .s Density. The PID district corresponds with the Industrial (l) and Development of Regional Impact (DR!) Future Land Use classifications. However. residential uses are only allowed within a Mixed-Use Pod ofaPID that has a DRI Future Land Use classification. Maximum residential densities shall be in accordance with the thresholds established for the respective DR!. d. Use(s) Allowed. A Mixed-Use Pod within the PID district shall contain the following mix of uses within one (1) or more Mixed-Use Pods within the PID district: ill Townhouse and / or multi-family residential; June 7. 2007 132 ZONING ill Commercial/retail; and ill Business and professional offices. Townhouse and multi-family residential. if located on parcels fronting on an arterial roadway, shall be integrated into a mixed- use proiect (vertical or horizontal), including one (1) or more of the uses listed below. The intent of this provision is to further the intent and purpose of both the pm district and Mixed-Use Pod regulations by requiring developments along the streetscape that benefit motorists and pedestrians alike. through proper orientation, visual attributes, desirable commercial, retail. and office uses and services. c. Permitted uses. Allowed uses within the Mixed-Use Pod shall be limited to those conditional and permitted uses in the C-1 and C-2 zoning districts and the permitted uses in the C-3 zoning district as indicated by the Use Matrix (see Chapter 3, Article IV, Section 3). along with the f{)llo',',iFlg additionaJ uses and pro'lisions: ill 1) Offices only, for the saJe of now or used vehicles and boats; ill }~:uto / Car '''ash 2) ,^~atomobile wash establishmefl.ts if aecessory to a prinoiaaJ priBeif>le use; ill 3) Retail sales of hardware and building materials as deseooed in tae Land De'lelopmefl.t Regulations, Chapter 2, SectioR a.C.1. "i" and "00" and SectioR 6.D.1."f' (e-xcludiHg item 11) and iRell:ldiHg l:lpflolstery supplies, and 6.D.1. "h" (not limited to the 2,000 sqUfH"e foot maxim1:lm) up to 10,000 square f-eet; vlholesa-le of these goods orretail sales uses in exoess of 10,000 square feet, and \vho1esaJe of similar goods regardless of floor Mea shall reqei:re eORditioaaJ l:lse approval; June 7, 2007 133 ZONING ill 1) Mini/self storage uses Storage, Self Serve facilities iBtended to serve a mixed use project excluding all exterior signage except f{)r identification signage not in excess of 3 square feet; ill 5) Outdoor display of merchandisc during business hours oBly; and 6) ",\By use not specifically listed herein that is deemed consistent with these provisions and revie'lled consistent ','lith the process doscribed belmv. d. Uses prohibited. Prohibited uses shall be limited to those uses listed as prohibited in the PID regulations, ','lith the addition of adult entertainment uses; conditional uses as indicated in the C 3 zoniBg district regulations; d:riveup, dri'le in, and drive through features except on fiBaHcial institutions; and outdoor storage excluding outdoor display of goods, except '.vhere sfleeifically permitted in the abo';e section. The approval of uses in a Mixed Use Pod shall be prooessed in conjunction ',vith the review of each technieal site plan except cOHditional uses shall requirc Commission approval. ~ Buildin2 / Site Re2ulations. ill 6. 1) Maximum building height. The maximum building height within a Mixed-Use Pod shall not be greater than seventy-five (75) feet. Any building exceeding forty-five (45) feet in height shall be processed as a conditional use. ill ~ Building height measurement. Building height shall be measured from the lowest finish floor slab elevation of the proposed building to the peak of the structure, including any architectural details, stairwells, elevator shafts, etc. June 7, 2007 134 ZONING ill ~ Height setback envelope. Minimum building setbacks shall be based on building heights for buildings greater than forty-five (45) feet in height. The height setback envelope is applicable where the Mixed Use development is adjacent to an existing developed single-family residential zoning district outside the PID. This minimum setback shall be three (3) times the building height for any multi-family or nonresidential structure. The setback shall be measured from the common boundary of the Pill and the existing single-family residential zoning district of the midpoint of any intervening right-of-way. f: ParkinS!. Article V. As provided in Challter 4, .&:. Modifications. ill Any modification proposed to a Master Site Plan for a Mixed-Use Pod within a pm shall be in conformance Chapter 2. Article n. Section 4.0. ill Any modification proposed to a Technical Site Plan within a Master Site Plan ofa Mixed-Use Pod within a Pill shall be in conformance with Chapter 2. Article II. Section 4.H. h. Miscellaneous. Any request to waive a standard zoning regulation within the Mixed-Use Pod shall be in accordance with Chapter 2. Article II, Section 13.B. June 7, 2007 135 ZONING 'Section 5. SMU MIXED-USE SUBURBAN DISTRICT 4 SMU SUBURR^.N MIXED USE ZONING DISTRICT. 1. Intent and purpose. The suburban mixed use zoning district, ',vhich shall only be applieable to lands located '.vest of! 95, allmvs for diversity ofland uses aBd aecommodates and encourages a mixture of residential, office, retail, recreational, and other misoellaneous uses, which may be arranged either vertically or horizontally on assembled paroels along major arterials outside of the downtovlll red6'/elopment distriot. ,'\11 development and redevelopment shall be guided by an appro':ed plan throl:lgh the use of the SMU master plan, planned unit developmoot, oOFlditioHal use, or other site plan r6"/ievl prooesses. 2. SMU Suburban Mixed Use Zoning District. a.. In order to oomplement the redevelopment and eRvisioned gIw:rth ofthe suburban area, the SMU zoning district shall only be applied to lands ',vest of I 95 olassified as Dovelopment of RegioBal Impact (DRI) or other land use classifications subsequently established on the Future Land Use Map. b. The SMU district is appropriate for low to mid riso developments that provide for medium density residential uses. The district allo'Ns a maximum height of fifty five (55) feet and a residential density of twenty (20) dwelling units per acre fm mixed l:lse projects. Building heights between fifty fiye (55) feet and up to S6"lenty five (75) feet to the peak of the structure or any architectural details may be allowed only for interior bl:lildiRgs (those buildings separated from property line by another project bl:lilding or use), if approved as a conditional use. The review of SMU applioations "vill emphasize aesthetics and design ql:lality, and physical compatibility with adjacent land uses. ,'\ll new subl:lrban mixed uso deyelopments within this district shall front on a major arterial and contain a mixWre of retail, oommercial, offioe and residential uses. A. Intent. In order to complement the redevelopment and envisioned growth of the suburban area, the Suburban Mixed Use (SMU) zoning district requires a diversity of land uses, accommodating a mixture of residential. office, retail. recreational. and other miscellaneous uses. This mix of uses may be arranged either vertically or horizontally within low-to-mid-rise developments. The review of SMU applications will emphasize aesthetics and design quality, and physical compatibility with adiacent land uses. The obiectives ofthe SMU district is as follows: June 7, 2007 136 ZONING 1. Support and enhance redevelopment efforts in suburban downtown redevelopment area~ development and areas outside of the 2. Create maior new mixed-use areas in planned locations with appropriate densities, heights, and mixture of uses~ 3. Create attractive pedestrian environments through appropriate separation from and design of vehicular circulation areas~ 4. Provide public plazas and gathering places that are both well-designed and integrated into the overall design of the development~ 5. Allow flexibility in architectural design and building bulk, while maximizing compatibility and harmony with adioining development~ 6. Create higher quality environments for residents, businesses, employees, and visitors~ and 7. Encourage innovative design that achieves vertical and horizontal integration of uses. B. Density. The SMU districts allows for a maximum density of 20 dwelling units per acre, corresponding with the Development of Regional Impact (DR!), Mixed Use Suburban (MXS), or any other Future Land Use classification subsequently established on the Future Land Use Map of the Comvrehensive Plan. C. Locational Standards. The SMU district shall only be applicable to lands located west ofl-95 on assembled parcels along maior arterials outside of the downtown redevelopment district. D. Application to Rezone. The procedures and reauirements to rezone a parcel to SMU shall be in accordance with Chapter 2, Article II. Section 2. 11. Master plan:s for phased pf'Ojeets. The procedures for zoning of land to SMU district shall be the same as for planned zoning districts. To promote and encourage development in this form where uses may be integrated horizontally and vertically within structures as coordinated units, a SMU master plan, including multi- June 7, 2007 137 ZONING year phases, shall be submitted and reviewed for approval at the time of rezoning to SMU. When the SMU is to be developed in a single phase. the Site Plan for the development may also represent the Master Plan. E. Use(s) Allowed (See "Use Matrix" - Chapter 3, Article IV, Section 3). 3. Permitted ases. The following table identifies the permitted, restricted and prohibited uses v/ithin the Suburban Mixed Use Zoning District. Uses are classified as Permitted "P", Conditional "C", or Not Permitted "N". Uses permitted with restrietions are f{)llov:ed by a numeral that corresponds to a footRote below the table. Each footnote explaiBs restrictioHs assoeiated ':/ith the llse. The PlaBlling and Zoning Direetor or desigtlee shall have the discretion to approve uses that are not specificaUy listed but are similar to uses that are expressly permitted. TABLE CiH 1 SCHEDULE OF PERl\UTTED PRINCIPAL, }..CCESSORY ;\..~D CONDITIONf..L YSES USE GROlW'USE Resitien#al BY LBdging Use CYfJtlj3 Bed aIId Breakfast HeteI Hame OeslIflatiaB Mabile Hame Mete! Resideotial, SiBgle Family getaehe6 Resitleaftlll, SiBgle Family fdtaehetl ReDiaeotia~ Mlllti Familj' Teml"8fIIf)' Sales Omee T efllJ"8filf) Medel Resiaeaees Li.e/WBFk UBits BeW'diBg alia Reaming HBl15e (ll*ellflt where ]'lFB'lided by state law1 ;\~ellSSef)' UBi! Ca/'ll/'lllilfity Paeili#es Use Or-Blip CemmllBieatieB Te'l. er er }\nteBflll Ge'/_eat Offieel.ci./ie C etlter/Libfllry June 7, 2007 138 ZONING f' Rllllfllliti9B (atlkleer) MuseHm p. Wall!le ef WeF!l!tifl P Peliee er FiFe Reselle StatiaB p< Peotftl CeBter (remilllllleo aBly) p Peot Ofliee P Puillie PlII'k P Puillie PaftciBg Let er GlIIllge OjJiee Use CI'8Wp p>'< BBBks, FiBlmeiallBstitutieBS P~ - Mellieal er Dl!IIltftl C!iftie P~ Medieal er DeBtal Offiee p< Physieal TheFllJ3Y Oftiee P~ Pi'efassil!ll8l BlISiBees Oftiee P~ Real Esmte Oftiee F VetetiBItFy Oftiee er CliBie Sales and Genet'tll Csmmer-eial Use Cl'8NfI p~ ;\leehelie Bll'/eFlIge Paekllge Stare ..- '\mmlH!iti9B er FiFllIlHB Sale er ." ReBtal P~ . . al BelH'diBg er K_el (iBdeer .\BHR ~ P~ ABimal CftlBlBiBg P~ ABimal Saleo,(pet Shaps w.'VeteFiBary FaBililillS w: :\ntiqlle Mall.'F1ea Mllfioot P~ -\As Cmits Hebby and FromiBg N ..., , ;\l1etien Hooee p~ ;\lItemetive Parts Sales \'b'allt SeFYiee N Atltemebile Sales with Disjllay F Bak<<)', R<<ail P~ Bieyele 8Bep N BeatIMariBe 8a1ee,lRllfttaI F Beat~fariBe AeBllseeries p< Beekstefe N BItilEling SlIWlies Bf MateFials N - BIIS T _iBal CameFll &Dd ;\IlElie VideB ~tJlIBllB.t June 7, 2007 139 ZONING !>' ! Cefleotor's OffieelEljaipmeEt 8temge 12' Ceffee ShaJl p' i Cl3Iweeieoee Store 1" I , Castam f:amishings ana f Jltiljae J Stefes 12' J Cyaer eafe 12' i Delielltessen p I j D6flIIrtmtlBt Stare ?g9,999 s.c. ~" I DllJllH1mtlBt Stere >89,999 s.C. 1" I ; Diye Sh8Jl ana mstrnetiafl as j l\eeeSSlll) Use &;;! J 12 Dreg Stare ar PhllI1Bao) b, Gaseline Sales withiwitllOut J Veiliele Seryiee pl J Greeer)" Stere, S ajl_arket 12' ! Fitlless CeIIler 12' I I Jllerist 12' J Fumitu!'e Stere pi Hllfdware Stare 1" I Health feea Stere G' I Hame Impftl'.'eIBeEt CeEters p' Heaseilala i\JlJllianoes ana Parts p' J J eV/olry er Cesmetios Slere p' I j Linell ana Hell5eilalG Geods p? Laggage, PlH'Ses ana PefSeflal Gear N J LlHBher Y IIfd GO ! I MemhefShijl Claa p' Masie Steri! 1" New Clatiling, Shoes or AeeessaffllG pi Newsstana r' i OtIiee SlIJlJllies t>; i J Oataear St8fllge ar DisJllay t>; i Parking Let for Celflmereial i ~ P I Parking Lot or GlH'lIge, Private I Ownership 12' PefSooal '}/ lIteremft Sales, Relltal; ~ S erviee, Parts er Rtlj'lalr p~ Phategraphie Stliaie ana PhetegFllJlhie SlIJlJllies G' RestalHaftt, wiDriye 'Ilmi June 7, 2007 140 ZONING l' ResllillfilBt, Sit DewB Sfleeiaky Feeds lIBe Ce&fcetieas p~ SpeftiBg Geeds p< TelevisieB, Radie, 'helle lIBe Steree BltaiflmeBt p' TaBlleee Aeeesseries p< Tay Stere N Velliele er Moe ClIStemffiBg, . DetailiBg, SIlf\'iee, Parts er R-epalf p~ - 'lHiee ReffilIl N .b '- Whelesllla'W lII'ehall~e.({}istA lluen Serviee Use GI'8tq1 p~ 8afbllfSltBf)tBllftifty SaielltDay Spa p< DlIBtl~Bftiel.t\fts Smilie p~ Dressmaker er Tailer p204 DryelllllBef p' fitBess CkHl N Fimllflll Heme N HespitBl , Laber PeelllstablislHnents . LauBElremat G MelIieal OIl~eBt faeil*y p N\lftieFy, PTeselteel er Ckil8 I)ayeare N N\lftiiBg er CeBvaleseeBt Heme p< Pheteeepy Center G Self stemge er Mini 'NlIfElBell!lll p< Sltee Reps N TaUee PIlfIBf>~e8y PiereiBg N S KiteheBll/SlIllstaBee f.Bllse ElIIfl lH u: UT . WellSllS CenlllfS/SheltllfS, a .. ~ r-- Ente/'tail'lWlent Use CrSl4p N :\GllIt HBtertaiBmeBt p' 811f, Ceekteil Letmge p 8i11ittr8 Cklb.~ewliBg A.Jlll)\1Jneaer ReeAllHieB i'aeiIiPj' N 8iBge Hall N - feftuBe TeDer p< Mevie Theater - Night CkHl P Perf_iBg :\:15 Theater June 7, 2007 141 ZONING Pri./ate Chtlls, Leliges aDa fFatema! ('? , Orgamz<$oos Aceessery Use I i Drive Thm ~eility (ether thlHl (.>" i aeeessBf) use te flBlloeiill iBstiMiBlls, ]3ftlll'Hlaeies aoa restftlll'lHHs ) Restriction Notes: + Use shall be subject to the following distance separation requirements from similar uses, measured in a straignt line, using the shortest distance between property lines: For l:lses with less than 5,000 square feet of gross floor area, 750 feet. For uses ',vith a gross floor illea equal to or greater than 5,000 gross squille feet, 1,500 feet. :! Must be integrated into a commercial or mixed use development and any singlo business, not to exceed 30 percont of the gross floor area of the mixed use development. ~ Gross floor area of gr{)cery store must be a miHimum of20,000 square feet and a maximum of 80,000 square f.eet. 4 On site drop off and pick up only. ~ Drive th.-u faeility, includiBg stacking lanes, must be screened from pl:lolie right of 'Nay and requires conditional use approval. I> Indoor storage/display shall Bot exceed 20,000 sql:lare feet. :; Maximl:lm footprint is 120,000 s.f. Elevations to be enhanced "yith appropriate design elemeBts to break up large wall expanses (i.e. artiel:llatioa, 'lIiHdo'::s, coll:lmns, ':afied roofliFl€ls, etc.). 8 Slffiject to compliance '.vith supplemental regulations iR Section ~ 9 Stealth faoilities only, integrated into the architecture and/or struotural composition of the project; and subject to compliancc with de'lelopment standards and regulations (setbacks, height buffering, etc.) of Chapter 10. F. Additional Use Re2ulations. 1. Mixed Uses. Buildings containing residential and non-residential uses are required within the SMU zoning district and shall be subiect to the development standards indicated in Section 5.0. Building / Site Regulations. With the exception of designated live / work units, no residential uses are allowed on the ground floor of mixed-use buildings fronting on arterial streets. The ground floor of mixed-use buildings shall be reserved for non-residential uses. ~ Mixed Uses. ,^~. BuildiFlgs contaiRiBg residential and nonresidential uses are enoouraged ':/ithin the SMU zoning district and subject to the same development standards as June 7, 2007 142 ZONING "all other l:lses". ResideBtial uses v/ithin mixed use strl:1ctl:li:es, ''vith the e]weption of dcsigIlated liye/work tiftits, are eneol:lfaged Flot to be looated OH the g'f'€H:lfld floor, which shan be reserved f{)r nonresidential uses. 2. Desi2n. Mixed-use proiects containing residential components shall include appropriate design, materials, and site layout in order to maximize compatibility with residential uses located on upper floors. b. Non_ resideBtiall:lses '1.4thin mixed residential / non]esidential struotures shall be evaluated f{)r their eompatibility with residential ases located on l:lflper floors, and shall demoflBtfate compatibility based upon l:lse type, eonstrl:letion materials, floor plan and site layol:lt, and other reasonable factors as determined appropriate giyeR the tYfle of use. 3. Live-Work Units. The city contains special regulations regarding required parking and allowable signage for Live / Work units (see Chapter 4, Article V, Section 2 and Chapter 4, Article IV, Section 3.D., respectively). c. UveAl/ork Units. This sllbsection pFOvides for the use of residential struetl:lres to aeeommodate liye/',vork oPPOrtl:lBities. Live/work l:lflits shall be speeifioally desigIlated on the site plan, and eomply with the followiHg standards and reqtlii"efRents. These pro':isioHs are Hot applioable to dwelliBgs or oeeGpations that meet the aefinition of home oeeGpation in Section II.D of this chapter. (1) UBit requirefRents. (a) No more than 30% or fO\:lf h-1:1ndred (100) sql:lare feet, ':lhiooever is greater, of the li'le/work l:lflit shall be utilized for 'lIerkiBg spooe. 'AT orkiRg space shall be loeated on the grouBd le'lel and shall not l:ltilize garage or liviBg spaees. (b) Eaeh live/work unit shall be a separate unit from other l:lses in the bl:lilwRg. The ground floor of all liye/work rmits shall meet the Florida Building Code req1:1irefRen-ts for miJ(ed oecupaney bl:lildings. Each unit, iBcludiHg the garage, shall be sCflarated by walls from other liye/work units or other l:lses in the building. (0) Bl:lildings designated as live / work shall provide l:lfl,iYefsal accessibility to the front and to the interior space June 7, 2007 143 ZONING .. f the liye/work unit from the of the Ronresldentml area 0 pl:lblic sidev:alk adjacoot to the street. .. th: eater Reighborhood, (d) To minimlz~ Impa~s to :::ll be located at the a ~ h"e/"'oH uses units planne or ." ", I ro'tlct or along the project's perimeter of the reSlde~~la :"h~re possible, adjacent to . , 1 road"'ay an, or " pnnOlpa ", perimeter/external rights of 'Nay. .tt d Uses Non residential uses that are (2) Perml ~ . .t -are generally limited to . a' I "e/"'sfk um s permltte m 1" ". " e or tutoring services. . I ,. ee ausmess S6f\ lO , . professlOna sen 1 , . .bl in live/v:ork umts, .. f mmon uses permlssl e . A hstIHg 0 co . I license is are located m . . e sf see-apatlOna . subject to ISSl:laflC N '" 1 aoti"ity shall be permItted . Hi aels'" 0" Of!: , subsectIOn n. . b of omployees has the f. t ty or num er that by virtue 0 m enSl f tr ffic parking otootial to create impaots by reason 0 a , ~ hazardous materials, or exoess waste. Issues, . P . .ble Uses The f{)llovting list b." IUTSfk YHlt 0fmlSSl . . 1 15 1,6, " . d . ated h"e/"'ore . . t:ft eSlgn. , ,n . . fi the permitted uses WI m IdentI es . I r feE)uirements: . t bjoct to occupatIOna lOense urll s, su BUSINESS SERVICE .^..ddressing sen'ice/maili~g list compiler \rbitrator, mediator serVIces , janitorial ~leaning services, mai,d, hous~keepmg, COffimereial artist/deSIgn studIO Commercial photography , Computer programming servwe Computer soft'.vare development Data processiBg , D' t mail ad,/ertising servlOes treo .. ~'ice Editing, proofreadmg, typmg s , Paralegal /. (office only no storage Party supplies, rental, leasmg \ , on site) Priyate investigator Reoording service Seci'etarial sorvice Boat broker (office only) PERSON/\L SERVICE l\lteration, dressmaking shop, tailor June 7, 2007 144 ZONING PROFESSIONJ'~L SERVICE Abstract afld/or title company Aceol:lRtant/iHcome tax services Adjasters, insl:lfaflce Aayertisiflg office ,\ppraiser ,\rooitect }~ttomey Aactioneer (offiee only) J'~uthor Broker Bllsiness aflalyst CalettlatiRg aHd statistical service Court reportiBg/stenographers Credit reporting Engineer's offiee lmporter/eKporter (office oBly) Insurance agooey/bofl:d office Interior decorating Loan company office Market researoo offiee Modelageney Notary public office P1:1blie relations offiee Real estate sales/ffiaBageB'lent office Travel agoooy OTHER USES TutoriBg or iBstruction (academies, music, art) June 7, 2007 ,^~ studio '.vith ancillary sales (Ora. No. 95 05, ~ 1,3 21 95; Ord. No. 95 21, ~~ 1, 2, 3, 8 15 95; Ord. No. 95 27, S 1, 7 18 95; Ord. No. 95 15, S 1,12 19 95; Ord. No. 96 51, S 3,1 21 97; Ord. No. 97 21, S~ 1,2,3, 7 1 97; Ord. No. 97 29, ~ 1, €i 1797; Ora. No. 98 31, ~ 2, 8 1 98; Ord. No. 99 38, ~ 1, 1 1 00; Ord. No. 00 55, SS 3 ao.d 1, 10 17 00; Ord. No. 00 63, U 2,3,1, 12 5 00; Ord. No. 00 Hi, ~S 2 and 3,3 20 01; Ord. No. 01 17, ~ 1, 1 3 01; Ora. No. 01 30, S 2, 7 3 01; Ord. No. 01 15, S 3, 8 7 01; Ord. No. 01 52, S 2, 10 1 01; Ord. No. 02 021, S 2, 6 18 02; Ord. No. 03 010, S 3, 1 1 03; Ord. No. 03 015, S 2, 5 6 03; Ord. No. 03 016, S 3, 5 20 03; Ord. No. 01 011, S 2, 1 7 01; Ord. No. 01 027, S 1, 1 20 01; Ord. }Jo. 01 032, ~ 2, 5 18 01; 145 ZONING 8 17 01' Ord. No. 01 79, S 3, Ord. No. 01 67, ~ 2, , 2 3 15 05' Ord No. 10 1901; Ord. No. 05017, S , , 8 1(505) 05 028, S 5, 7 5 05; Ord. No. 05 013, ~ 2, ..1. H t"'o 'and Employees. No more LUa " (3) occ~ianc)1310yeeS in addition to the resident(s) (2) on Sl e em , . 'd flake business f th li"e / "'orlc umt, ma) un €I o e , , " . d 't ^ t least one residoot of an activities from SEt! llRI.. '- . aintain a current . d',,'d 1 livelvlork UnIt shall m . m 1,1 ua . :f; business located m that occupational lIcoose or .a rm of an affidavit, , ^ I Hs"'ledgment m the fo , UnIt. ,.c a" . . .' h II be made by the UnIt fthe employee lImItatIOn sa. . c o .me of applIcatIOn tBr an resident; ~ 1 ~he tI The 'Nork area shall not be OccupatlOna Ieense. . . rented separately from the lIvmg space. Pl. The city encourages that one ~4j -arcmg. . b t"'s (2) live/work UnIts €I arking space per " I . P b . s acti' 'ity needs. Par cmg provided to meet ~smes. . t shall be loeated .6 6 at thIS reqUIremen . prO'll €I to ~e. r under the structure, or ',vithm on the lot, bUIlt mto 0 fthe unit in \vhieh the use three hundred (3?0) fe~~ded to acoommodate said is located. Parkmg pro, de th in :lRcladiBg driv6',vays of adequate 13. space, . , h II not serve as meetmg front of the UnIt s garage, sa. . . d parlciBg for the unit's reSIdentIal use. reqUIre . e "'all laque shall be permitted (5) . S~gn.ag~. ?tnno~ to :oeed 1\','0 (2) square feet per lIve, work un '. "'ith the applieable in sign copy area, m accordance" sign program. . ^ n FeSRective plan C't PlanReElUlfl"ment. ,. r (6) 01 e ~ ...l l~"e/"'ork units and U .6 f fy aU 13Fsposet:t h, '" pages sha 1 ~R 11 ... l.all be tallied in the b 'ld. s LI"e/"'of1c unhS Sit ~uI--Ing-. " " site plan tabl:llar data. June 7, 2007 146 ZONING G. Buildin2 / Site Re2ulations 4. regulations. Bl:lildiHg and site 1:. Buildin2/ Site Re2ulation Table. I SUBURBAN MIXED-USE (SMU) I Tvpes of Uses DISTRICT Residential Sinl!le- Other Uses (includes Bui/dinfl / Site Reflulations Familv (Attached or Multi-Familv Mixed-Use) Detached) Densitv (dwellinl! units ner acre) 20 20 N/A Proiect ArPA Minimum: SMU district -10 acres I Lot Area ner unit. Minimum (snuare feet): F1exiblel4 Flexiblel4 10.0002 Lot Frontaop Minimum (feet): F1exiblel4 100 100 Livino ArPA Minimum Ale (snuare feet): 1.20015 75015 75015 Floor Area Ratio (FAR). Maximum: N/A N/A 1.08 Structure Heiobt. Minimum (feet): 359 359 359 Structure Heigbt. Maximum (feet): 35 556.10 556.10 Buildinu Setbacks Build-to-Iine (feet): Front: 103 II 104,5,6 n 105, 6, 7 Buildinu Setbacks Minimum (feet): Side: 15 corner I 10 end J06 06.14 Rear: F1exiblel4 156 F1exible6, 14 Usable Onen Soace. Minimum (snuare feet): ~oo;,.1I.12 20% II, 13 200;.11.13 1. Minimum moiect size. A minimum often (0) acres shall be reauired for any moiect developed under the movisions of the SMU regulations, 2. Hotels must be part of a mixed-use oroiect of at least three (3) acres in size. 3. Porches may be olaced forward of the build-to line and shall maintain a minimum 2-foot setback from any oublic sidewalk, Porches shall be olaced outslUt: of clear sie:ht trianl!:le, Minimum setback for a I!aral!e facinl!: or accessinl!: the street is 20 feet. Where less than 20 feet. l!lII'8l!e access reauired from side or rear. 4, Proiectinl! feature( s) such as awninl!s. balconies. porches and/or stooos may be olaced forward of the build-to line and shall maintain a minimum 2-foot setback from any public sidewalk, 5, Front van! build-to line alonl! maior arterial roads. a maximum of 90 feet inclusive ofa 25-foot Iandscaoe buffer, 6, The Heie:ht Setback Envelooe in accordance with Chaoter 3. Article m. Section 5.G,3 shall anoIv where adiacent to develooed sinl!le familv residential zoninf1: districts. 7. One or more oroiectinl! feature( s) such as awninl!s. balconies. colonnades. ooTChes and/or stooDS required forward of the build-to line and shall maintain a minimum 5-foot clearance from any vehicle use area. Elements oroiectinl! over a pedestrian walkwav shall allow a minimum 9-foot vertical clearance and 5- foot horizontal oedestrian clearance, 8. Excludinl!: residential uses and oarkinl!: structures, 9. Aoolies to any facade with arterial roadwav frontaf1:e. Multiole-storv buildinl!s are encoural!:ed alonl! arterial roadways. The intent of this orovision is to create the aooearance. or simulate the intensity of. a minimum two (2)-storv buildinl!, Conditional use aomoval reauired if less than the 35 foot minimum, 10. Buildinl! heie:hts between 55 feet and 75 feet to the Desk of the structure or any architectural details may be allowed onlv for interior buildinl!s (those buildinl!s senarated from the orooertv line bv another oroiect buildinl! or use). if approved as a conditional use, The buildinl!: / structure heie:ht measurement shall be conducted in accordance with Chapter 3. Article m. Section 5.G,2, Exceotions to the maximum hei{!:ht shall not be allowed, II. Usable ooen soace shall orovide active or oassive recreational soace and shall not be occuoied bv water bodies. streets. drives. oarkinl!: areas. or structures other than recreational structures. 12. At least 50% of the reauired usable ooen soace for sinl!le-familv residential uses shall be contained in one or more common oooled areas and a rectanl!:le inscribed within each common oooled area shall have no dimension less than 75 feet. 13. Up to 50% of the usable ODen soace reauired for "Multi-familv" and "Other Uses" may be hardscaoed olazas and oublic I!.atherinl!: olaces. . 14. To be determined on a case bv case basis. deoendinl!. on the overall oroiect desie:n, 15, Accessorv aoartments must be at least 750 sauare feet in area (air-conditioned soace), 2. Buildin2 Hei2ht Measurement ih Building height meastl:f0fB.eRt. BuildiHg height shall be measui'ed from the lo':/est point at the com-mOB property liRe or from the miRimum base flood ele'lation as established by FEW.., whiehEV/er is highest, to peale of the strne-mre, iBeludiHg any architectural details, rooftop eftl:lipmeR-t, stainvells, ele>:ator June 7, 2007 147 ZONING shafts, etc. Building heights shall be measured to the peak of structures, in order to more accurately predict and regulate the overall heights of buildings proposed within the SMU district to ensure compatibility with the adiacent. potentially less intense and dense suburban areas. 3. Hei2ht Setback Envelope b. Height setback envelope: Minimum building setbacks shall be based on building heights. The height setback envelope is applicable where the SMU development is adjacent to a developed single family residential zoning district. This minimum setback shall be three times the building height for any multi-family or nonresidential structure. The setback shall be measured from the common boundary of the SMU and the single family residential zoning district or the midpoint of any intervening right-of-way. Maximum height up to 75' with conditional use approval (need intervening building if abutting single-family residential) Intervening buildings Adjacent use: Single-family residential Property line - Front setback: Min. 25', Max. 90' .... 165'..- ~ . - Multi-famiIY/mixed-use structure to be set back 3 times building height MINIMUM P.l^~RCEL SIZE SMU ZONE Residential er Ledging Use Greup - Hetel 3 acres + June 7, 2007 148 June 7, 2007 ZONING . t I ast ~ aeres in size + Or part of a mixed ase proJeot a e Residential, Single Family Detached . . 1 C' 1 Familv Detached ',v-/}\eoessory Unit Restdentub, oHlgle J 5,000 sq. ft. 7;500 sq. ft. Residential, SiHgle FaHlily .'\ttaooed I 2,500 sq. ft. Residential, Ml:llti Family .} 5,000 sq. ft. Ce1'l'l1'l'l'blnity Facility Use G1"f}'blP Publie Park no miniml:lm fJl Other Uses 10,000 sq, ft. WJCThillM DENSITY/INTENSITY . D ^ R (exell:lding parking strnehlres) MaxHBlHB :ro.. ~. ~. SMU ZONE -l-:Q MaximlHB Density 20 001 ac MINThillM USABLE OPEN SP ACE+ SMU ZONE ~ Residential, SiHgle Family Detaehed 4()% ~ R . d tial Si,1'l.gle Family f~ttaohed est 00 , ~ ~ .^Jl Other Uses ~ vide aetiye or l"assiye reereatia,aal spaee + Usable open spaee shall pre 1.. ..l' s+-eets drives park1ng af'eas, . db......atert:latdeS no, , d SRall nat be ee6liflle J" , :: struemres other thll8 reereatianal stmetlires. . . bl spaee fer single family ~ "\llleast 50% of the reC:j\Ufed .Hsa eo;::re 60HHBon flaalea areas residential1:lses shall,be 6o~ta~ned l~ one !mon pooled area ooall hwle no 118d a reetaBgle iBsenbea ',YltRIn eao eem dimension less than 75 feet. ired f-er All Other Uses may ; Up te 50% ef the Hsable open spaoe ~eqH be haras6llfled fllazas 118d flHblie gatheflflgl. .~::u ZONE MINIMUM LIVING .\RE.'\ .. 149 June 7. 2007 ZONING Single Family Detaohed 1,200 sq. ft. ,'\ll Other Residential 750 sq. ft. /\ooessory Apartment 750 sq. ft. MINIMUM LOT FRONT,'\GE SMU ZONE Rcsidential or Lodging Use Group - Residential, Single Family Detaohed ~ Residential, Single Family ,^~ttaefled (Duplex) ~ Residential, Single Family Attached (Townflome) ~ Residential, Multiple Family 100 ft. All Other Uses 1 00 ft. M/\XIMUM HEIGHT SMU ZONE Rcsidential or Lodging Use Greup - Residootial, Single Family Detaohed ~ Residootial, Single Family ,'\ttaooed (Duplex) ~ Residential, Single Family L^~ttached (Townhomes) ~+ Residential, Multi Family M-ft,.H All Other Uses M-ft,.+,~ Minimum Height ~"~4 '-"\There adjaoeFlt ta develeped siFlgle family resiclential zaFl:iFlg dist-riets, height setback envelape shall apply. ~ Maximum af75 feet ".lith eaBditifll'laluse appro','al. Exeeptians ta the maxim1:lm height shall nat be allawed. Setbaek fram preperty Balinda!)' is three times the BuildiHg height. If property abuts siFlgle family residential ar arterial roadway, BuildiFlg shall be separated from 150 June 7, 2007 e . HHnHm:Jm. FRONT YARD SETBACK SMU ZONE Rcsidcntial fJY LfJdging [Isc Grf)'blfJ - Residootial, Siflgle Family Detaehed bllild to line .}(}-ft/ Residential, Single Family Attaehed build to line -l-().-.:fb. + Residootial, Multi Family build to liHe -l-().-.:fb. ~ All Other Uses inelading mixed l:l:se with a residential -l-().-.:fb. ~ component build to liFle + SIDE YARD ZONING :rtY line by aBether flroject eaildiBg equal to or less thaR 55 feet in ~ ^ r b .i~~f' les to allY fal;1ade with arterial r-eadwa-y fr-eRtage. Maltiflle story al" .~gs ~ eBsel:lFage aloag arterial reaa-Nays. The inteBt of this f'r? ,.lslaR IS to create the ltflpellFliBee, ar simalate the iBteBsitv ef a mlBJ1lii:tffi tviO (2) ster)' ImilEliag. J , 4 CeBditiaBal ase aflpre"al required ifless thlHl th ~~ ft . P~F6hes. ~' be fllaeed farward ef the build te liBe aRd shall mamtam a HlHHBHi~ 2 faot seteaek frem aR)' pabli," sidewalk Perehes shall be pl~ed a\itslde.ef elear sight trilHlgle. MiBffimm setbaek for a garage fae1ag er ae~essmg the skeet is 20 feet. Wher-e less tll.lHl 20 feet, gaffige access reqmr-eEl ffem siae ef rear. ;! Projeetiag feature(s) SHea as a\ynings, baleeBies flafeaes Maler st~e?s may ee fllaeed forwafEl ef the eaild te liBe aBel'shall maimaiB a mllHIBl:1B'I 2 foot seteaek Ham allY pal3lie siaewalk. ~ OBe or mere projeotiBg featur.ei(s) SHeh as a\':ai:ftgs, baleonies ooloBJIades, porehes aBdlor steeps re"laired fefl"ard efthe b .lel t r ' lHl6SaaU .. .. .. al 0 me mamtam ~ HH~lml:1B'l 5 feet olearanoe frem allY vemele llse ar~a: Elemeilts flr0je~t.1Bg e'o'er a peElestriaR walkway shall alle'.'/ a ffiIBIIBl:lHl 9 foot yertlsal slearaBse aHd 5 foot aerizoBtal pedestri olearanee. aB 4 it ~reBt ):arel eaild te liBe aleBg majar arterial reads, a mll7dlBl:lHl of90 eet lBslllsl'.'e of a 25 foot IlHldseape baffer. ~ '17a 6' . ." ere ~ Jaceat to dtl'lelofled siBgle family resideatial zemn dlsmets. Height seteaek eB"elape saall ltflflly g SMU ZONE Rcsidential fJY LfJdging Usc Gfflf;l]9 151 June 7, 2007 ZONING Residential, Single Family Detaehed, Interior 7~'i ft. or 0/1 0 ft. ResideRtial, Single Family Detaefled, Comer ~ ResideBtial, Single Family Detaehed, End -l-Q....fh Residential, Single Family Attaehed (Duplex), Comer ~ Residential, Single FamilY}l..tlached (Townbomes), -l-Q....fh goo Residential, Single Family Attached (Tm,vnbomes), ~ Corner Residential, Multi Family -l-Q....fh .. .^Jl Other Uses ~~ RE.^~R Y .^~RD SMU ZONE Residefltial, SiBgle Family Detaohed M--fh Residential, SiBgle Family l\ttached M--fh Residential, Multi Family ~I l\ll Other Uses ~" + V/here adjaeent to develefled single family residential zoning distriots. Height setbaek envelope shall apply. H. ParkinS! As provided in Chapter 4. Article V. ~ Parking requirements. Parking requiremeBts for the SMU zORiBg district shall be set forth by Chapter 2, Seetion 11 H, ofthe Boynton Beaoh Land Deyelopment Code.. 1:. FreestandinS! ParkinS! GaraS!es. Chapter 4, Article V, Section 3.C.1. As provided in 2. BuildinS! InteS!rated GaraS!es. Chapter 4, Article V, Section 3.C.2. As provided in 152 ZONING I. Modifications Any modification proposed within the SMU district shall be in conformance Master Plan modifications pursuant to Chapter 2. Article II, Section 3.I.3.a.(ii). J. Miscellaneous 9. Signage. Chapter 21, Signs, shall goyem signage along the major arterials, e-xeef)t as otherwise appmyed within a master signage program for the SMU deyelepment project. 11. Onoe a master plaB has been appm'/ed in a SMU district, the designated paroels may be platted as a boundary plat for the purpose of a sale to a thiRi party purohaser. Eaeh parcel that is platted will be sl:lbject to teehnieal site plaB approval as provided iH the City's Code. This bOl:lfldary plat may be proeessed simultaneol:lsly ',yith the SMU master plan or a SMU master plan modifieatioH. !:. Common Areas. Prior to approval of the final plat by the City Commission, the developer shall file association documents or alternative agreements that assign responsibility for and ensure the perpetual operation and maintenance of all common facilities of the development. The common facilities addressed within this agreement shall included but not be limited to the following: private streets. drive aisles, parking areas, plazas. open space, landscaping, and recreation facilities. All documents are subiect to the review of the City Attorney. E. Common areas. Oflee a master plan and bOl:lHdary plat appro~:al has been obtaiRed the applicant shall proceed iB aeeordanee'ltith the requirem.ents ofthe StibdiyisioH regulations, determiBed to be applioable. m additioB to the plat certificates Sfleeified in the city subdivision regulatieHs and prior to recordiBg a final plat, the developer shall file, a legally oonstiMed maiBtooance association agreem.ent for impro~:ing, perpetually operating, and maiHtainiRg the common faoilities; inoludiHg streets, drives, parking areas, plazas afld open spaee and reereation faeilities; or he shall file Sl:leh doooments as are necessary to show how the said eommon areas are to be improyed, operated or maimained. Such dOeuHloots shall be subjeot to the reasonable approval of the City /\ttomey. b. LandscapinS!. June 7, 2007 153 ZONING ill Trees. See Chapter 4, Article II, Section 2.A.5.a. ill Irrigation. Section 2.A.5.a. See Chapter 4, Article II. ill Flowers. Section 2.A.5.a. See Chapter 4. Article II, ill Perimeter Buffer. II, Section 2.A.3.f See Chapter 4. Article &. Dumpster Location. See Chapter 4. Article VI. Section 5.A. d, Sidewalks. See Chapter 4, VIII, Section 3.C.2. June 7, 2007 154 ZONING Section 6. Mixed-Use (Urban) Districts. F. MIXED USE ZONING DISTRICTS. A. Intent. The Mixed-Use (urban) zoning districts are intended to implement the Community Redevelopment Plans, in part, by providing for a mixture of land uses. accommodating varying densities and intensities appropriate for each planning area. and by establishing quality streets capes and pedestrian environments. To ensure compliance with these regulations, an application for site plan approval shall be reQuired and reviewed concurrently with any request to rezone lands to a Mixed-Use (urban) district. 1. mtent aDd pl:lrpose. The mixed llse zoning districts allo''v for a di'/ersity of land lises, aad aeeommodate and eneOl:H"age a miJ(tui"6 of residential, offiee, retail, reereatioHal, and other miseellEmeolls uses OB assembled pareels within the COmfRWlity Rede':elopmeRt .f\rea. L^Jl de>.'elopment and redevelopment shall requiTe a site plaR approyal to be prooessed eoftoorrently with the applieation for rezoBiHg. The objectives of the Mixed-Use (urban) miJ(ed lise zoning districts are as follows: 1. a. Support and enhance revitalization efforts in the city's traditional commercial core area; 2. b. Allow for commercial services to be provided to new residential developments in planned locations with appropriate densities, heights, and mixtures of uses; 3. c. Create optimal pedestrian environments through appropriate separation from, and design of vehicular circulation areas; 4. d. Allow flexibility in architectural design and building bulk; while maximizing compatibility and harmony with adjoining development within the development area; S. e. Create surrounding areas that complement rather than compete with the downtown; 6. f. Create higher quality environments for residents, businesses, employees, and visitors. B. Establishment of ZoRinS! Districts. 3. established. Sabdistriets June 7, 2007 155 ZONING L MU-L MIXED USE-LOW INTENSITY DISTRICTS. b. MU L1 (Mixed Use Low Intensity) ZORing Districts, Mixed Use-Low Intensity 1 (MU-L1), Mixed Use-Low Intensity 2 (MU-L2), and Mixed Use-Low Intensity 3 (MU-L3). !:. fB In order to complement the revitalization efforts in the city's commercial core, the MU-L Zoning Districts shall only be applied to lands peripheral to the downtown area and classified as Mixed Use (MX) on the Future Land Use Map. b. ~ The MU-L District~ is are appropriate for low- to mid-rise developments that provide for medium density residential uses. (3) The districts allows a maximem height of seventy five (75) feet and a residential density of forty (10) d'.velling units per acre for mixed use projects. (1) BuildiBg heights betv/een seventy five (75) feet and one hl:lndred (100) feet may be permitted, if re','ie'.Yed as a cOFlditional use. ~ ~ The review ofthese applications will emphasize aesthetics and design quality, and physical compatibility with adjacent land uses. d. W All new developments within this district that contain a mix of uses shall front on streets designated as "arterial", "collector", or "local collector" roadways" on the Functional Classification of Roadways Map and shall contain a mixture of retail commercial, office and/or residential uses, which may be arranged either vertically or horizontally. e. f'71 Height restrictions and densities may be further limited in certain geographic areas to further applicable redevelopment plans and maintains compatibility with an abutting single- family district. June 7, 2007 156 ZONING 2. MU-H MIXED USE-HIGH INTENSITY DISTRICT. a. MU H (Mixed Use High Intoosity) Zoning District. !:. (1) UpOR adoption of the The Mixed-Use Core (MX C) land use classification, this High Intensity (MU-H) ZOniBg district shall only be applied to lands classified as Mixed Use-Core (MX- C) on the Future Land Use Map. !!. f21 The MU-H district is appropriate for developments that provide for high density residential in addition to retail commercial and office uses. ~ (3) The district allovls a maKimlHB height of one h-lmdred fifty (150) f-eet and a residential doosity of eigltty (80) dwelliflg liftits per aere, pro'/ided that all All new developments within this district shall that front on streets designated as "arterial" or "collector" roadways on the Functional Classification of Roadways Map and shall contain a mixture of retail, office and / or residential uses arranged either vertically or horizontally. Single-use projects fronting on streets other than "arterial" or "collector" shall require conditional use approval. C. Densitv A lesser density may be imposed on all the mixed use (urban) districts, pursuant to the "Locational ReQuirements for Maximum Hei~t. Density, and Floor Area Ratio" table in Chapter 3, Article III, Section 6.H.1 - (Building / Site Regulations) . 1. Mixed Use-Low Intensitv 1 (MU-L). The MU-Ll district allows for a maximum density of 20 dwelling units per acre, corresponding with the Mixed Use (MX) Future Land Use classification. 2. Mixed Use-Low Intensitv 2 (MU-L2). The MU-L2 district allows for a maximum density of 40 dwelling units per acre, corresponding with the Mixed Use (MX) Future Land Use classification. 3. Mixed Use-Low Intensitv 3 (MU-L3). The MU-L3 district allows for a maximum density of 40 dwelling units June 7, 2007 157 ZONING per acre, corresponding with the Mixed Use (MX) Future Land Use classification. 4. Mixed Use-Hi2h Intensity (MU-H). The MU-H istrict allows for a maximum density of 80 dwelling units per acre, corresponding with the Mixed Use-Core (MX-C) Future Land Use classification. D. Locational Standards. 2. Zoning districts. The mixed use (urban) zoning districts shall be applied to selected geographic areas, east of 1-95, identified on the city's Future Land Use Map, where a mixture of uses and building densities is intended to carry out elements of the city's redevelopment plans, including goals in employment, population, transportation, housing, public facilities, and environmental quality. Regulations for the planning areas are implemented through !we four (4) zoning districts: Mixed Use-Low Intensitv 1 (MU-Ll), Mixed Use-Low Intensity 2 (MU- L2), Mixed Use-Low Intensity 3 (MU-L3), and Mixed Use-High Intensity (MU-H) Mixed Use High Intensity (MU H), Mixed Use Lo''v InteBsity 1 (MU Ll), Mixed Use Lov{ Intensity 2 (MU L2), and Mixed Use Lo\-", lBtensity 3 (MU L3). Permitted uses and associated standards for development vary between the zoning districts each reflecting the importance of the district's location and its relationship to the downtown. Heights, densities~ and intensities of development are regulated according to the classification of the roadway along the frontage of the property and proximity to existing single-family zoning districts. The A Mixed Use Low zOfliBg district~ may be located only on lands designated Mixed Use (MX) on the City of Boynton Beach Future Land Use Map. The Mixed Use High zoning district may be located only on lands designated Mixed Use-Core (MX-C) on the City of Boynton Beach Future Land Use Map. E. Application to Rezone. The procedures and requirements to rezone a parcel to any of the Mixed Use zoning districts shall be in accordance with Chapter 2, Article II, Section 2. 1: Sin21e-familv zonin2 districts. 6. Rezoning of single family residootial zoning districts to mixed use zoning districts. All requests to rezone for rezoning from any single-family residential district to a mixed use zoning district shall be subject to the following additional requirements: June 7, 2007 158 ZONING a. Height, density and intensity of development based on the roadway frontage; b. Ratio oflot frontage to depth that is no more than one (1) foot (frontage) to 1.25 foot (depth); C. Vehicular access to the property located to minimize impacts on adjacent single-famiIy developments and meet safety standards; and d. Landscape barriers provided, in accordance with the landscape regulations of this code, where the rezoned property abuts single-family residential zonmg. F. Use(s) Allowed Article IV, Section 3). (See "Use Matrix" - Chapter 3, G. Additional Use Re2ulations 7. Mixed l:lses. 1. Q. Buildings combining both eofltfHB:ing residential and nonresidential uses are required within the MU - H Zoning District on feF all properties fronting on arterial roadways. The same shall be permitted and encouraged within the Mixed Use-Low districts. permitted and eneolHaged within the ~ru L Zoning District. Mixed use struomres aTe subjeot to the same development standards as "all other l:lses." 2. e. Residential uses within mixed-use structures shall not be located on the ground floor, which shall be reserved for nonresidential uses. 3. Mixed-use proiects containing residential components shall include appropriate design. materials, and site layout in order to maximize compatibility with residential uses located on upper floors. o. Nof.lfOSideBtial uses withiR mixed residential/nomesideBtial structlires shall be eva:ll:lated for their eompatibility with residential 1:lses located OR upper floors, and shall demoHstFate eOlRpatibility based l:lpon l:lse type, oOBstructioR materials, floor plan and site layout, and other faetors as determiHed ap)3ropriate giyeB the !We ofl:lse. 1. Uses. June 7, 2007 159 ZONING a. The follo'.ving table identifies the permitted, restricted and prohibited l:lses '.'lithin the mixed use zoniBg districts. b. Uses are classified as Permitted "P," COBditional "C," or Not Permitted "N." c. Uses permitted with restrictions are followed by a numeral that corresponds to a f{)otnote below the table. Each footnote explains restrictions assooiated '.'lith the use. d. The Planning and Zoning Director or designee shall have the discretion to approve uses that are not speeifically listed but are similar to uses that are expressly permitted; provided, however, such uses are not expressly identified as conditionally permitted or not permittod in any zoning district withiR the city. WNE USE CROUPIUSE MU L1 MUL2 MUL3 MY-H Residential er Ledrixf! Use GFflI#3 Baa aaa Breakfast G G N N Beytiaye Hotel N N G G& Hetel ~ f f E Home Oeelil3ation P P P J! Mobile Heme N N N N Mete! ~ ~ ~ ~ Residential. Single Family, Detaeaed N N N N R.esidential. Sinde Family. }.t:taehed P P P. P Residential. Mylti Family P. P J! p.~ I-G~ Beard and ReemiBg Heyse (exeeet as oroviaea b." state law) N ~ ~ ~ }"eeessory Unit N N N N Li'lehvork Unit pM pM pH pH Ce/'Hllu,l1'litv Facilities Use Gffll:tfJ College, UFli'lersitv. Seminary and aeeessory uses P P P N Government Offiee/Civie Center/Library P. P P P. ReoreatioR. (ol:ltdoor) P P P N June 7, 2007 160 ZONING mNE USE CROUP-/USE MULl MULl MUL~ MfJ.-B MUS6lifR aad aeeesssry uses p p. p p Hause afWarshia p; p; p; p~ Paliee ar Fire R-eseue Statiaa p p p p Pastal Center (retail sales oaly) pa pa p.a pS;9 Post Offiee N N G G Poolie Park p. p p p Pooliely e'....ned ParkiBg Let ar Garage (arineiBal use) p p p;! p.;! OfHee Use &6IilTJ* *Net eoeeafllged as a first fleor use iB the MU H ZeBe Banl(-S. FioBBeiallRstiMienB p.1) pI) p.9;9 p.9;9 Medieal ar D6Btal Offiee er CliBie p. p p. pa Physieal Theraay Climc p. p p. pa Prefessienal BusiBess Office p. p p. p VeteriBarv Offiee ar CliBie p p p pa Sates and Gel'le/'"61 C61"meroial Use a,8IillJ* * Vlhere BeFfRitted 'lIitlHB tae MU L bene. only aa lets freatiBg aa maiar arterial ar eOJmeeter reaa.w8"YG .^Joaaelie Beverage Paekage Store pa pa p.a pa .^J1lHRH'litieB er Fir-earm Sale er RelNal (erineiBallise) N N N N f..-Hmal BeardiBg ar Keooel (ariReiflallaecessery \ise) G4 G4 N N Animal Graaming p p p. pa Pet Sales p p pa pa f.ntiQ\i6 SterelFine L-ts fJRial:le .^.:1:letiea p p pa pa kts. Crafts. Hebby ana FflHBiag p p pa pa A\ietiea HSl:lse N N N N .^.I:ltamotive Fuel Sales withlv:ithelit Vehiele Serviee N N G(i,I.O G(i,I.O .^.utel8stive Parts Sales pli;+ p..\;e p.\;e p.\;e Autemetive R-613aim(MiBor) N G~ G~ N .^"mometive Sales with Display N N p.+;! p+;! Bakery, RetaillSaeeialtv Foeds! p p pa pa June 7, 2007 161 ZONING ZONE USE CROUP/uSE l\fU L1 MU Ll MUU MY-II Boat/Marine .A~eeesseries/R-eBtaI/Br{)kerag:c p};!,-H p};!,-H p~ pMW Bookstore p p pi> p& Buildmg Suoalies or Materials N N N N Bus T ellRinal N N N G Clothing, Shoes or }~eeessories Boutique pi> pI. pI. pI. Comraetor's Office/E(;luiameRt Storage N N N N Coffee Shop p p pe pe Convenienoe Store pi> pi> pI. p& Custom Home Fl:H'Ilisrnng:s P P P P Cyber eaf~ p p pi> p& Dive Shoa aad Instruotion as .'\eeessorv Use P P P P Drug Store or PRallRaey pii,9,H pii,9,H p~ p0h6 Groeef\' Store, Suoermarket <;:,+ i7 p!.;+ p6ii Florist E E pi> p& Hardware Store p(r,l;! p(r,l;! p(r,l;! p(r,l;! Health Feed Stor-e pi> pi> pI. p" Home Imero'lemeRt Ctlfiters N N N N Jewelry, L1:11;~gage and Leailier Goods P P pI. pl' Ll:lHl:ber Yard N N N N Marina pH pH p!.;H p~ Marine Clistomizing:. Detailing, Serviee, Parts or R-eoair N G6,I{> G6,I{> N Ne',vsstand P pi> pi> p" 01:ltdoor Green Market (City sponsored) N N N P Outdoor Soom!:':c or Display as a prmeipall:lSe N N N N Parking Lots for COmHI.ereial Vehieles N N N N Parkmg Lot or Garage, Private O',ynership (13rinewal use) N N N N FemoRal Water.emFt Sales, RentaL Serviee, Parts or Reeair pH pH pH p" Photographie Studio and Photograehie SU013lies P P pi> p" June 7, 2007 162 ZONING WNE USE CROUP/uSE MULl MULl MUL3 MY-B RestaYFaat. with Drive Th.-u paB paB paB N R-esl:a1:lFaRt. Sit Da\\'B p p p pl> SaartiBg Geees pl> pl> pl> pl> Teaaeee aHa "A~eeesseries p p pl> pl> T mil er Vehiele or Mariae Sales. ReBtals, Serviee. Reaairs ~ ~ ~ ~ aaa Stemge Video Remal p p pl> pl> WholesaleIW aFeRe1:lseIDistribation N N N N Serviee []se Gl'(-)/;Ef'J* * Where aermitted within the MU L ZOBes. aBly OR lots HORtmg eR maier arterial roaw:lavs Baraerooaa/Bea1:lty SaleBlDav Saa p p p.l> pl> DaHee St1:leio p p p pl> Dressmak-er ar Tailor p p p p.l> Dry CleaRer lL6;& p6;& p6;& ~ FimessiHealth Cloo p p. pl> pl> Fltfteml Home G G G N Heseital N N N N Laber Peal EstaBlisbmeat N N N N Lawulromat p.l> pl> pl> N MeElieal OatpatieBt Faeility pl> pl> pl> pl> Nl:lr-sery. Pr-esehaal or Chile D~are p p pl> pl> N1:lfSiag aae CoavaleseeBt Heme G G G N Pheteeaay Center p p. pl> pl> Self Starage er MiDi WaFehe1:lse Gb;+.> Gb;+.> G~ N Shoe Reaair pl> pl> pl> pl> Taftaa Parler/Bow; PiereiRg N N N N SCl1~e KiteheAiS1:lBstaaee "A"B1:lSe Centers/Sheltersi Halfway ~ ~ ~ ~ H&\lses June 7, 2007 163 ZONING WNE USE CROUP/uSE MULl MU Ll MUL3 MY-II Enterfainment Usc GF81ip * *Where permitted v:ithiB the MU L ZOBes, ooly OB lots framing on major arterial or conneetor road'.\'avs .^~dult EBtertainmem N N N N Bar, Cocktail LouBge (; (; (;4> pi. Billiard Club/Bowling .^Jley/Ioooor Recreation Facility (;4> (;4> (;4> G" BiRgo Hall N N N N Fortune Teller N N N N Movie Theater N N p4> p" Night Club N (;" (;" G" Performing .^..rts Theater P p P P Pri':ate Cwes, Lodges aod Fraternal Oreaoizations (;e (;e Ge N Aeeeso$n: Usc Drive Tali Facility (other thao accessory use to financial (;9 (;9 ~ N institl:itions aod restaHfaftts) Restriction Notes: .J-, Must be part of a mixed ooe deyelo1'lment comprisiRg a ma-xiHN:Im 30 perceBt of the gross fleor area of the eBtire de'lelopment. 2. For those with froHtage on an arban arterial or arbao collector roaaway, allowed as a oermitted use if the erel:iftd level floor froming the roadway is devoted to office or retail l::lses; otherv:ise, use is a cOBditional \:lse. J. Use shall be subject to the following distaBce setlafation reaaH-emeots from similar lises, measHred in a st-raight liRe I:lsiBg the shortest distaBee between property lines: For uses with less than 5,000 S€ll:1ar.e feet of floar area, se1'lafation distance is 750 feet; For I:lses v:ith a gross floar area eql:1al to or greater than 5,000 sal:la-re feet, s6flaratioB distance is 1,500 feet. +. Subject to setback and bl:lfferiBg re€l1:1iremeBts as recommended by the Technical .^.dvisary Review Team. ~ Maximum gross SQHare fuotage shall not exceed 2,500 sqHare feet. Storage of postal vehieles prohioited. '" Ml:1st be integrated into a mixed ase builcliRg or deyeloflment. 'I- Gross floor a-rea of grocen' store must be a minimum of 15,000 sauare feet and a maximum of 80,000 SQl:lare feet. June 7, 2007 164 June 7, 2007 ZONING g, OR site araa aft" aBa fliek ae oRIv. . .~l ff(.lR'l . . . kulial! staekiBe: laBes. ffiI:lst Flat be ','lS1 e 'I Dri','e 1i"~"1:l faelhh'. me . eOBaitioFlal lise ~er{l'. a . . . hts of "'au aBa reElliH"eS pHehe fie: n , b ff 'to and arterial raaa.way. IBe:ress!ee:ress shall Rot e am See SeetioR 1 a for relmlatioRs. . "[; d 1 Hie:w"Wf fFeBtae:e in the MU L .tted OB eToflertv wlili :roe era n. ~a~ Not flefHll . n..th r-estrietiaR Rote SE( . Distriets l:lflless eORSl&teBt n 1 a 10 009 SElHare feet. IRdoor stora2:e/diselav OBly aBd shall Rot eJwee . . . StaFllee/diselwl alIa'lled . . th RBltted R'lartaa ase. _ IFl eOBiWl0tleR WI a ee d 10 GOO SEl\lafe feet. DBly in wet doeks ar indaar area Rat te ~(eee . See SeetiaR 15 fer ree:alations. See Se0tieB 11 fer reealatioBs. See SeetieR 17 for ree:HlatieBs. 9. ~ l-h ~ H, M. H, ~ 17. See SeetioR 18 ferreeHlatioRS 165 ZONING H. Buildin2 / Site Re2ulations L Buildin2/ Site Re2ulation Table. I MIXED USE. URBAN II MU-Ll I MU-U MU-L3 MU-H Lot Area. Minimum (acres): - - - Public Park: N/A N/A N/A N/A ..----- ---..-.. --"~ ------ All other uses: 0.50 0.75 I I--_____._n___~_____._ 100' - --._- Lot Frontaee. Minimum (feet); JOO 1502 200 .-".- -'--'- .-'----"-- ,--~---_.- Structure Heieht. Minimum 30 30 30 3J! (feet); Maximum Buildin.. I Structure n _ .n_. .. ,(1 Ul. and Floor ~ tio {F ARl; Classification of oroiect fronta!!e .-------- on tvoe of roadwav; HT DU FAR HT' DU3 FAR] HT' DU FAR HT"" DU FAR 65 I 75 I ---- Arterial: 45 ;!Q LQ 30/40 2.0/2.5 40 3.01 1501 I !ill :LV 1003 100' 3.53 125 ---.--" Collector: 45 20 1.0 65 30/40 2.0/2.5 75 40 3.0/3.5 125 80 4.0 Local collector: 45 20 1.0 45 30140 2.0/2.5 55 40 3.0 55 60 3.5 Local': -- 45 20 1.0 45 30140 2.0/2.5 45 20 1.0 45 20 1.0 Buildin!! Setbacks Build-to-line lfeetll1; Front abuttin!! a public ril!ht-of-way o to 10'0 o to 1010 Oto 1010 o to 1510 Duildin!! Setbacks. Minimum (feet); Rear abuttinl! 13: Residential sinl!le family: 25' 108 25' 25' 257 -- '----..-,-=--.-..-.--.-- _. ------- 1----.-----...-=------ -- Intracoastal waterway: 25 25 09 09 ----..- ---..--- --.. ---~----,- All other uses: 10'2 1012 10'2 1012 Side abuttinl!13: -- Residential sinl!le family: 25' 107.8 25' 25' 25' -.---.-.--- 1------..- -----_._-,-,-,-~--,.- All other uses: 1012 1012 10'2 10" I. May be reduced iffrontal!e extends from ril!ht-of-way to ril!ht-of-way. 2. Minimum of 50 feet. if frontal!e is on a collector/Iocal collector roadway. 3. For property abuttinl! the MU-H district located west of US L the area of increases in heil!ht. density and FAR shall extend a distance of 100 feet from the MU-H zoninl! district line and shall reouire conditional use approyal. For properties abuttinl! the MU-H district located east of US 1. the area of increase for heil!ht shall extend a distance of 100 feet from the MU-H zoninl! district line and shall reouire conditional use approyal: however, no increases in density and FAR are allowed. Must also have principal frontal!e on Arterial roadway. 4, Must also have frontal!e on local collector or hil!her roadway classification. 5. Maximum heil!ht on any street frontage is 40 feet. Maximum heil!ht on Intracoastal Waterway is 35 feet. Heil!hts may reouire reduction where adjacent to;t sinl!le-family zoninl! district where necessary to achieve the compatibility reouirements of these rel!Ulations. 6. Maximum heil!ht reduced to 125 feet for the entire project where property abuts any MU-L or residential zoninl! district not separated by a right-of-way, 7, Plus one additional foot for each foot ofheil!ht over 35 feet. 8. Where there is an interveninl! ril!ht-of-way of at least 40 feet. 9, Subject to oermittinl! al!ency approval. 10. Sidewalk of at least J 0 feet reouired. Setback may be I!reater if public p1azall!athering space is provided. II. Listed elilrible Historic structures are not reouired to meet these standards. 12. Reduction in setback may be allowed if void of nel!atiye impacts on adjacent use or on deyelopment potential of adjacent proPerty. 13. The ultimate setback is also a factor ofhei~t and application of the Sky EX\Xlsure Plane in accordance with Chapter 3, Article ill. Section 6.H.2. n. -. - " MU L1 ZONE MU L2 ZONE MU L3 Z{ :\, MiBimBRl Lot Area Pablie Park no minimwn no mifliml:lm no minimum l.ll Other Uses 0.50 aere 0.75 aere -l-aeFe n_ ",,"__L._ --., --- June 7,2007 166 ZONING I B. M:iBinHHB Let FFeBta2e AU Uses I ~l l-Ma-v ee r-eElHeeEl if Fr-enta2e ex1eR6s From right of \Va-y te ricllt of WWl ~inHmilB of 50 ft. if fr8Rtae:e is 00 a eelleet8r/laeal e8Ueetor roaGww,. ;> Listed elieible Histsrie stmeror-es aFe not r~f/Hired to meet these standards I~ I~~ T . ~ - . TT.. _L.... ........ . ...,1. ~ , . .,. ~n L .1. . MU Ll ZONE M:U Ll ZONE MU LJ ZONE FHBeaeBeI ClassifieaseB ef :at. 00 ~ :at.; 00 ~ m; 00 ~ II< ~ ~ "AJterial ~ :W +:G 65'/100,l ~+ ~+ 75/100,l 4G+ ~+ ~ Colleetor ~ :W +:G ~;! ~ ~+ W-;! 4G;! ~;! +2 Loeal Collee1er ~ :W +:G ~ ~ ~l W~ 4G ~ M T .In NG NG NG ~~ ~ ~l ~l :W +:G ~ l\fiBimum Heie:kt aB &IlV street W-ft., W4 W-ft., ~ -l-:J;u .. rn TT I. -' ." .CTT" 1 d. .~1." -' 1:'An shall eKteoEl a distaRee sf 1 QQ feet Fr"0m the MU H zoniae Elistriet lme and shall r-ef/Hir-e e8nEliti8aalase a61~ro"al. For l'lFeJ'erties aBHuHH: the MU H distriet loeated east of US 1. the area of mer-ease fer heie:ht shall extend a tlistaflee of 100 feet frsm the MU H zoome: tlistriet line aad shall FeElHHe eonaitioaal HBe aBBr"0':aI: ho','.'ever. BO iner.eases m aeositv ana FAR. ar-e allo'.ved.~ MHst also hw/e eriBeieal fi:eRtage aR f~erial FeaGvfll-Y. ~ MHst alsa have FroRtaee 00 loeal eolleetor road,VBY. ;> MlH{ilRl:tIB height OR allY skeet frontage is 10 feet. MaJdlHWR height OR IRtfaeaastal Wa1erwa-y is 35 feet. Heights may reauife r-eduetiso wheFe adiaeeRt to a sinde family zsnmg diMet ',vher-e neeessarv te aelHeve the eomJ'atil:lilitv reElHir-emeR1s of these regalatisBS. 4, Maximum height reaaeeEl t8 125 feet for the eRtire l'lroieet ',vhere j3refletty a01:Hs IHW 1411 L or residential zeomg distriet oot se9ara1ed by a right sf wav. . MU L1 ZONE MU L2 ZONE MULJZO Side YaFd ".. 1:'. ;1. ~.~-ft/ ,4}...ft; -i;;! ~+ (:).-ft/ Q.-.ft; Q.-.ft; Q.-.ft; Real' Yard ".. 1:'. ;1. ~ l,4}...ft;;! ~+ ~l ~ ~ Q.-.ft; ~ 11 r..1- . TT.. Q.-.ft; Q.-.ft; Q.-.ft; FFaBt YaFd l-huild ta liBel AB'/ partiaR af pl'aperty _I.' ' _L .~ f.ll Uses 0100 10 ft.4 o to 10 ft,4 o 18 10 ft.4 e !-Plas ORe aaditiooal foot for eaeh foot ofheie:ht over 35 feet ~Thertl tller-e is 1HI interveBine rieht of way of at least 10 feet. ;"SHbieet 18 eermittiBg ageBey aeero'/al 4-Sidewalk of at least 10 feet reaHired. Setbaek ma.., be ereater"if eublie alazaleatlteriBe: saaee is emvided. ~ Listed elidble Histone stnletures are Bot r-eauired 18 meet these staflaaras 2. Sky Exposure Plane. e. Maximum kei2:kt aHd setbaeks, (1 ) No building shall exceed the maximum height limits or the Sky Exposure Plan except as delineated below in Section (3 ). June 7, 2007 167 ZONING (2) All buildings abutting a public right-of-way or peripheral to the development shall be built within the Sky Exposure Plane based on the ratio and street classification as follows; Zonine: District Maximun heie:ht of frontae:e wall MU-H MU-L3 MUL-2 MU-Ll 40' 40' 40' 35' ADJACENT TO STREET bil - Base height at str@et level . Horizontal dis.tanr€' - Vertical distalln~ Setback Arterial or Collector Street Other Streets or peripheral Vertical Horizontal Distance Distance II.4t01 8 to 1 6 to I 2 to I Vertical Distance Horizontal Distance 5.7 to I 4 to I 3 to 1 lJQl REAR AND SIDE HoriZontal disti:mtt' Vertical d&t.-mce Setbark (3) The following shall be deemed as allowable exceptions to the maximum height limits and Sky Exposure Plane requirements: (a) Balconies. unenclosed (b) Elevator or stair bulkheads. screened HV AC equipment; (c) Ornamental towers having no floor area in any portion above the maximum height limit or Sky Exposure Plane; (d) Parapet wall, not more than five (5) feet in height. 1.: General Requirements: Chapter 4, Article V. I. ParkinS!. As provided In provided 2. Specific for MU-H district. As Chapter 4, Article V, Section 3.G.3. June 7, 2007 In 168 ZONING J. Miscellaneous. 1. Access. 3.A.2.). (See Chapter 4. Article VI. Section 2. BuildinS! Location See Chapter 4, Article III, Section 7.A.l 3. BuildinS! MassinS!. See Chapter 4, Article III, Section 7.B.1 4. Compatibility in MU-H district. See Chapter 4, Article III. Section 6.A.a. 5. Sidewalks in MU-H district. See Chapter 4, VIII. Section 3.C.1. 6. LandscapinS! in MU-H district. See Chapter 4. Article II. Section 2.B.2.a.(2). June 7, 2007 169 ZONING Section 7. Miscellaneous Districts. H. "'\G "^~GRlCULTURAL DISTRICT. These district regulatioBs are intended to apply to those areas of Boynton Beach, the present l:lse ohvhich is primarily agricultural or the future ase ohvhich is uncertain. 1. Uses permitted. 'Nithin any "'\G, f~griooltl:lre Distriet, no bl:lilding, strueture, land or ,yater shall be used except for one or more of the followiHg llses: a. Agricultural uses which include, by way of illustration but not by way of limitatioR, the followiBg: nlHseries, greenhol:lses, orchards, raising of field crops, tree erops, vegetables or flowers on a commercial ~ , b. Vlholesale aBd retail faoilities ',T/hen clearly incidental to a permitted agrieultural use; c. Bl:lildings Sl:lch as atteFldant residency, equipmeFlt shelters and the like whose use is clearly iBcidental to aH approved agriooltural use; d. Preservation or cOBservation uses intended to maintain the general opooness or vegetation ofthe land for environmeBtal, edl:lca-tional, archaeological or opeB space reasons; 6. Single family homes on 2.5 acre lots inoludiHg pri':ate stable facilities pro'/ided that animals are kept for recreationall:l:ses only and not kept for sale or resale. 1 A. Any use listed uBder 5 .Rl. above whieh l:lses, hUHdles, stores, displays, or generates hazardol:ls materials, hazardous waste, or a toxic substance, as the same are defiHed by 10 Code of Federal Regulations, Part 261 or the Florida Substance List as set f{)rth in Rule 1A 62.001, Florida "^~dministra-ti'le Code, shall require a hazardous material revie\v in aceordanoe v:ith the Fire Department Hazardous Material Disclosure requirements of Part II, Sectiofl 9 71 ofthis code. 2. BuildiBg and site regulations. No bl:lilding or portion thereof shaH be erected, constructed, conyerted, established, altered, enlarged or used unless the pr~ises and building comply with the following regulations: MiRiml:lffi lot frOlrtage 200 feet Minimum. lot area one (1) ae-re Miniml:lfll front yard 50 feet June 7, 2007 170 ZONING MiBimum side yard 50 f-oet, eaOO. side MiBimUIR rear yard 50 feet Maximum struetme height 15 feet, Bot to exeeed foui" (1) stories 3. Off street parkiRg. f~s provided in Seetion 11 H hereiHa:fter. A. REC RECREATION DISTRICT. 1. Intent. I. REC RECREATION DISTRICT. It is the intent of this district to accommodate and preserve recreational areas for current and future uses consistent with the Comprehensive Plan. This district shall apply to those existing and proposed recreational areas not located in planned unit developments. Included in these areas are both public and privately-owned recreational tracts and the Intracoastal Waterway OCWW). These district regulations are iRteHded to apply to those mdstiHg lHld proposed reereatioRal areas not loeated iB plaBned l:lRit de"/elopmeB:ts. Inell:lded in these areas are both p1:1hlie and pri'/ate reereational traets and the \-yaters of Lake 'North and the lBtraeeastal \Vaterway. It is the speeifie iBteffi of these regulatioBs to preserve reereatioBal areas for 6l:1ffeftt l:lse and for the future, eOBsistoo.t v;ith the eomprooeasive plan and with the sltbdivisioB regtllations. 2. Use(s) Allowed. (See "Use Matrix" - Chapter 3, Article IV, Section 3). 1. Uses pennitted. 'llitmn any REC, ReereatioR District, HO buildiHg, struetlH'e, land or ''vater shall be used eKeept for one or more of the follewiHg QSes+ a. f.JI p1:1hlie, private aDd sem.i pri'/ate reereation areas, inell:ldiBg parks, playgrol:lflds, eluas and golf e01:H'ses; b. All Bon profit entertmnmen.-t or athletie faeilities, inell:laiBg beaehes, mariFlas, eampgrouFlds, stadia and playing fields, swimmiBg pools and eomml:lflity ooo.ters; c. fJl water based activities iReidoo.tal to the l:lse of the lRtraeoastal VI atenvay and the ,,/liters and shores of Lalce V'lorth; June 7, 2007 171 ZONING d. PreservatioB or conservation uses intended to maiRtain the gooeral openness or vegetation of the land for environmental, edueational, archaeologieal or open space reasons. Ii\.. Conditionall:lses allowed. All profit or non profit uses or enterprises eORsidered ancillary to any of the abo'.'e permitted uses. 1 B. "^~ny use listed l:lnder 5.1.1. whieh l:lses, handles, stores, displays, or gooerates hazardol:ls materials, hazai'dous 'lIaste, or toxic substanee, as the same are defiBed by 10 Code of Federal Regulations, Part 261 or the Florida SubstaHee List as set forth in Rl:lle 1"^~ 62.001, Florida Administrative Code, shall require shall require a hazardous material re'liew in accordanee v/ith the Fire Department Hazardous Material Diselosure reql:lirements of Part II, Section 9 71 of this code. 3. BuildinS! / Site ReS!ulations. 2. Building and site regulations. No building or portion thereof shall be erected, constructed, converted, established, altered, enlarged or used unless the premises and buildings shall comply with the following regulations: BUILDING / SITE REGULATION RE<= I>istrict Minimum lot area: 1 acre --<---,. --~---- Minimum lot frontage: 100 feet ----~ Minimum yard setbacks: \25 feet Front: Rear: i 25 feet I Interior side: -125 reel Comer side: 25 feet -- -- Maximum Lot <=overa2e - __ I 50% _ Maximum structure hei2ht: 45 feet] 1 Not to exceed four (4) stories. Minimam lot frontage Minimum lot area MiBimum front yard Minimum side yard Minimum rear yard 1 00 f-eet one (1) acre 25 feet 25 f.eet, each side 25 feet June 7, 2007 172 ZONING Maxinll:lffi strnoture height 15 feet, Bot t{) exoeed fol:H' ( 1) stories 4. ParkinS!. As provided in Chapter 4, Article V. 3. Off street parking. As provided in Section 11 H hereinafter. June 7, 2007 173 ZONING B. PU PUBLIC USAGE DISTRICT. 1: Intent. J. PU PUBLIC USAGE DISTRICT. This district shall These district regulations are intended to apply to those areas within the city whose ownership and / or operation is public~ or whose use is primarily public largely publicly or institutionally=oriented, exclusive ofthose areas whose use is primarily recreational. 2. Use(s) Allowed, (See "Use Matrix" - Chapter 3, Article IV, Section 3). 1. Uses permitted. 'Nithin any PU, Public Usage District, no building, structure, land or '.vater shall be used exoept for one or more of the following uses: a. Public buildiBgs and facilities such as city hall, police and fire stations, libraries, public schools, public utilities and cemeteries; b. Private or seH'li private institutions (excluding churches and schools) such as hospitals, utilities, and other non profit facilities; c. Other governmeBtal agoocies such as those providing postal, administrati'/e or regulatory services; d. Telecommunication tov/ers. 1 ~\.. f~y use listed under 5.J .1. above v/hich uses, handles, stores, displays, or geBerates hazardous materials, hazardous ''vaste, or toxic substance, as sueh may be defined by 40 Code of Federal Regulations, Part 261 or the Florida Substance List as set forth in Rule 1A 62.001, Florida ~\dministratiYe Code, shall require a hazardous material nwievl iR accordance with the Fire Department Hazardous Material Disclosl:He requireH'lents of Part II, Section 9 71 of this code. 3. BuildinS! / Site ReS!ulations. 2. Building and site regulations. No building or portion thereof shall be erected, constructed converted, established, altered, enlarged or used unless the premises and building comply with the following regulations: June 7, 2007 174 ZONING BUILDING / SITE REGULATION PU District Minimum lot area: 8,000 s.f. Minimum lot frontage: 75 feet Minimum yard setbacks: Front: 25 feetl Rear: 25 feet1 Abutting: Residential district( s) 30 feet Interior side: 15 feetl Abutting: Residential district( s) 30 feet Comer side: 15 feet Maximum lot covera2e: 50% Maximum structure height: 45 feee Hospitals only: 60 feet2 1 For hospital buildings, additional setback in excess of thirty (30) feet shall be required for any height over forty- five (45) feet. The additional setback shall be measured by calculating three (3) additional feet of setback for each foot in height above forty-five (45) feet, not including minimal roof top equipment that are eligible for height exception pursuant to Chapter 2, Article II, Section 8 per SectioR ~. 2 Not to exceed four (4) stories. Mininmffi lot froRtage 75 feet Mimml:lm lot area 8000 square feet MiBiml:lm front yard 25 feet Miaiml:lm side )'lH"d 15 feet, eaeh side* MiBiml:lm reiif' yard 25 f-eet* Maximl:lm stmenwal height (hospita:ls 01'11y) 60 feet, Hot to eJleeed four ( 1) stories *',VReB abl:1ttiRg resideBtial distriets, side and/or rear yard shall be thirty (30) feet. For hospital buildiRgs, additioHal setBaek in exeess of thirty (30) f-eet shall be required for any height oyer forty five (15) feet. The additioRal setbaek shaH be measl:H"ed by ealoolatiRg three (3) additioHal feet of setbaek for Elaefl foot in height above forty June 7, 2007 175 ZONING fi'/e (15) feet, Rot includiBg minimal r{)oftop equipment that arc eligible for a height exceptioB per SectioB 1.F.2. 4. ParkinS!. As provided in Chapter 4, Article V. 3. Off street parking: As pro'.'ided in Section 11 H hereinafter. June 7, 2007 176 ZONING Section 8. Overlay Zones A. URBAN CENTRAL BUSINESS DISTRICT OVERLAY ZONE. Sec. 18 Urban eentral basiness district. A. The City CommissioB of the City ofBo)'RtoH Beaeh, Florida her'0by designates the ew:reftt ceRtraJ business area hereinafter deseribed as a urban eeBtral bl:lsiaess district as that term is defiHed by Florida AdmiHistrati'/e Code Rule 28 21.011(10)(c)1. In compliance with Florida Administrative Code, the City has established a single urban core area to attract high intensity, high density, multi-use development in the downtown through the redesignation of the central business district to an urban central business district. which will permit additional development density opportunities suitable to attract mixed use business, while ensuring the scale, design, function and character of any new development is compatible with. and complements, the City's redevelopment plans. The land that shall comprise the Urban Central Business District Overlay Zone lH'ban eootral busiFless district is bordered on the east by the Intracoastal Waterway (ICWW), excluding all lands designated with a conservation overlay on the city's future land use map, and city lands utilized for storm water retention; on the west by the Florida East Coast Railroad right-of-way, on the north by northeast 6th Avenue, and on the south by S.B. 2nd Avenue and consists of approximately eighty-three (83) acres. These boundaries shall be utilized for increased development-of-regional-impact guidelines and standards, consistent with the criteria of this section. The area is further delineated in map format on Ordinance No. 03-054, Exhibit "A." B. The Urban Central Business District Overlay Zone m=6an oentral bl:lsiFless distriet is consistent with the City of Boynton Beach Comprehensive Plan and Future Land Use map intensities.:., and has a land use designation of Mixed Use (MX), eligible for Mixed Use Core (MXC) afld a zOHing district designatioa ofCBD, whieh is eligible for Mixed Use High (MUH). Go The Urban Central Business District Overlay Zone m=6an central hl:lsiRess district is wholly within the jurisdictional boundaries of the City of Boynton Beach. D. The Future Land Use classification and zoning district fHture land use and zOBiHg designation allow for high intensity multi-use development within the proposed distriet overlay zone. The uses and intensity are regulated by the respective Future Land Use classification and zoning district. June 7, 2007 177 ZONING g,. Within the Urban Central Business District Overlay Zone urban central bl:lsiBess district, the DRI guidelines and standards set forth in Florida Administrative Code Rule 28-24.014(10), as they may be amended from time to time shall apply to the development approved by the city. (Ord. No. 03-054, SS 2-6, 12-2-03) June 7, 2007 178 ZONING B. MARTIN LUTHER KING BOULEVARD OVERLAY ZONE A. Mj\RTIN WTHER KING BOULEV}....W OVERL^~Y ZONE. 1. Intent. Gefleral. This overlay zone has been establishd to implement recommendations from the Vision 20/20 Redevelopment Plan. which identified a segment of the Martin Luther King Jr. Boulevard as an opportunity for redevelopment and revitalization. The ultimate design and site standards of this section are intended to create a traditional street corridor with pedestrian improvements, storefronts along the sidewalk. and a mixture of uses. The corridor is to contain an ambience supported by pleasant signage and building appearance, potted landscaping, store windows and public open spaces. This overlay zone is also appropriate for development of small properties to allow for consistency with the vision represented by the respective mixed-use zoning district, and/or as an interim redevelopment mechanism until greater redevelopment occurs using the respective mixed-use zoning district. All development within the Martin Luther King Jr. Boulevard corridor shall occur according to the provisions of the adopted plan as stated below. \Vith the eompletion of the Vision 20/20 Red~'elopmoot Plan, the City identified a segFBoot of the Martin Luther King Boulwfard as an area in Heed of redevelopmeBt and reyitalizatioB. This sectioR is created to iFl'lf3lem.oot the deyelopmeDt and design reoommooaatioHs iH the Rede7/elopmoot Plan intended to ereate a traditioHal street eorridor vlith pedestrian improvemeFlts, storefronts aloag the sidewWk, and a mixture of uses. The eorridor is to eOHtaiH an ambience sUf)portoo by pleasant sigRage and building appeafanoe, potted landseapiBg, store ...riHdows and p1:1-blic OpeD spaees. All dw/elopmeFlt within the MartiH Luther Yilllg Boulevaf-d oorridor shall 066UF aeeordiag to the provisions of the adopted plan as stated below. 2. Defined. The Martin Luther King Boulevard Overlay Zone (MLKBOZ) is hereby established as the area defined by the parcels fronting on that portion of the Boulevard located east of Seacrest Boulevard and west of Federal Highway right-of-way, along with those parcels adjacent to the north and south of these parcels that front on the Boulevard if assembled and development as a unified project. June 7, 2007 179 ZONING 3. Use(s) Allowed. (See "Use Matrix" - Chapter 3, Article IV, Section 3). Permitted l:lses. "\s currently defined iB Chapter 2(5)(G) and Chapter 2(6)(B). 4. Prohibited uses. Reserved 4. Buildin2/ Site ReS!ulations. 5. De','elopment standards. Development within this Overlay Zone shall be in accordance with building and site regulations applicable to the underlying zoning district except as follows: a. Parcels that have frontage along Martin Luther King Boulevard shall have the same front setback in accordance with the Mixed Use-Low Intensity 1 zoning district (see Chapter 3, Article III, Section 6.H) a minimum front setback of3 feet and a maximl:lm frOBt setbaek of 12 feet. b. Minimum interior and comer side setback~ from interior lot lines shall be in accordance with the Mixed Use-Low Intensity 1 zoning district (see Chapter 3, Article III, Section 6.H) 5 feet, and a miRimlHIl of 3 feet and a maximlHIl of 12 feet from comer lot lines. c. Maximum building height shall be 30 feet. and sl:lbject to otherpro','isions of Chapter 2(1)(F). d. Lot regulations stated 'Nithin Chapters 2(5)(G) and 2(6)(B) exeept where superseded by the regulations stated herein. 6. SigHS. Reserved 7. Design StaHdards. Reserved 8. Landscaping. Reserved 5. Parkin2. Section 3.H.3. 9. As provided in Chapter 4, Article V, Parking. a. ParkiBg space reql:lirem.oots shall be calculated in aceerdaHcc vlith Section 11.H.16 of these zoning requirem.eBts, and shall be reduced by fifty percent: (50%); June 7, 2007 180 ZONING b. Required parkiHg spaees shall be oWBed or leased v/ithin one thol:ls8:Bd (1,000) feet of the bl:lildiHg to be served. (1) The distaBee requiremeats shall be a straight line measmemeB-t from a point on the bOllndary line of the property that is the sabjeet of the applieation to the elesest bOl:lflaary liHe of the property on \vhieh the leased parking is loeated. (2) The property tHat is tHe subject of the applieatioR shall be posted with signage iBdioating to patrons the 10eatioR of the off site parking. c. Lease arrangements to proY/ide reql:lired parkiBg spaees shall be sltbjeet to approval by the Commanity Rede'/elopmeat AgeBcy. 6. Miscellaneous !: Specific Landscape Requirements As provided in Chapter 4, Article II, Section 2.B.a.(3).( a). June 7, 2007 181 ZONING Co URBAN COMMERCIAL DISTRICT OVERLA Y ZONE B. URBAN COMMERCL\L DISTRICT OVERL\Y ZONE. 1. Intent and purpose. The purpose ofthis zone is to encourage the development and redevelopment of commercially-zoned parcels in a manner consistent with the pattern of development of parcels with Mixed-Use zoning classifications. 2, Obiectives The objectives of this overlay zone are as follows: a. Support and enhance revitalization efforts along the city's commercial corridors within the redevelopment areas. b. Improve aesthetic and pedestrian streetscape environments by preventing the placement of off- street parking between the front of the building( s) and the rights-of-way. c. Allow flexibility in architectural design and building bulk; while maximizing compatibility and harmony with adjoining development within the defined area. 3, Defined area. The Urban Commercial District Overlay Zone is established in the city redevelopment plans as the geographical area defined by the following boundaries: a. Federal Highway Corridor Community Redevelopment Plan. The boundary is the city limits to the north, the Intracoastal Waterway to the east, the city boundary to the south, and the Florida East Coast Railroad (F.E.C.) and Palm Boulevard (Northeast 4th Street) to the west. The legal description is more particularly described in Exhibit 1.1, Appendix of the Federal Highway Corridor Community Redevelopment Plan. b. The Ocean District Community Redevelopment Plan. The boundary is Northeast 3rd A venue to the north, Seacrest June 7, 2007 182 ZONING Boulevard to the west, F.E.C. Railroad to the east, and Southeast 2nd A venue to the south. c. Boynton Beach Boulevard Corridor Plan. The boundary is the commercially- zoned parcels located along west Boynton Beach Boulevard, east of Interstate 95, and west of Sea crest Boulevard. 4. BuildinS! / Site ReS!ulations. De'lelopment st8:fldal'-ds. Development within this Overlay Zone shall be in accordance with building: and site regulations applicable to the underlying zoning district except as follows: a. Setbacks. PaI'oels shall ha'le the f{)llowiBg setbaek reql:lirem:oots: FroBt yard fi'le (5) f-eet to fifteefl (15) feet Side (interior) yard zer{) (0) feet to fifteefl (15) feet Side (comer) yard teR (10) feet to fifteeB (15) feet Rear yard shall be defined by the applieablo zoning distriet regulations; b. Maximl:1m bl:lilcliRg height shall be defiRecl by the applieable zOHiRg district regulations; c. Maximl:1m lot ",overage for hltildiRg(s) shall be 10 percoot; BUILDING / SITE REGULATIONS Urban Commercial District Overlay Zone Minimum yard setbacks: Front: 5ft-15ft Rear: Z . 1 onmg Interior side: Oft-15ft Abutting: Residential district: 15 feet Comer side: 10 ft-15 ft Maximum lot covera2e: 40% Maximum structure hei2ht: Zonin~l 1 Shall be defined by the applicable zoning district. 5. ParkinS!. As provided in Chapter 4, Article V. June 7, 2007 183 ZONING 6. Miscellaneous !:. Specific Landscape Requirements As provided in Chapter 4, Article II, Section 2.B.a.(3).(b). 5. Landscape reql:lirements. FOl:lBdation landscaping and trees shall be installed within the reduced bllildiag setbaek areas, betvleen the bl:lildiBg(s) and property line(s), particularly, v.here adja0eBt or visible from public and/or private rights of way. (Ord. No. 00 30, ~ 1,6 20 00; Ord. No. 02 011, ~ 1,1 16 02; Ord. No. 05 029, S 2, 8 2 ~ b. In the event of any conflict between the provisions of the Urban Commercial District Overlay Zone and any other sections of the Land Development Re~lations, the provisions of this section shall prevail. However, these provisions shall not be construed to supersede any federal. state, or county laws; and / or any rezoning of lands to a Mixed-Use zoning district. S:\Planning\Zoning Code Update\LDR Rewrite\Part lII\Chapters\Chapter 3 ZoningIFinal\Article III Zoning Districts and Overlay Zones.doc June 7, 2007 184 June 7, 2007 ZONING ARTICLE IV. USE REGULATIONS Section 1. Operational Performance Standards N:- PERF0R1{,^1NCE STf~ND>\RDS. All existing and subsequently considered uses located within the city shall conform to the operational performance standards set forth below, and shall be constructed, maintained and operated so as not to be a nuisance or hazard to persons, animals, vegetation or property located on adj acent or nearby properties or rights-of- way; or to interfere with the reasonable use or enjoyment of adjacent or nearby property by reason of noise, vibration, smoke, dust or other particulate matter; toxic or noxious matter; odors, glare, heat or humidity; radiation, electromagnetic interference, fire or explosion hazard, liquid waste discharge, or solid waste accumulation. Furthermore, no use shall be carried out so as to create any nuisance or hazard which is violation of any applicable federal, state, county, or city law or permit, and all such laws and permits are hereby adopted as performance standards in these zoning regulations. A. Noise. 1. Noise. No use shall be carried out in any zoning district so as to create sound which is in violation of Part II, Section 15-8 of the City of Boynton Beach Code of Ordinances. B. Vibrations. 2. VibratioRs. No use shall be carried out in any zoning district so as to create inherently and recurrently generated ground vibrations which are perceptible without instruments at any point at or beyond the property lines of the property on which the use is located. C. Particulate Matter. 3. Smoke, dust, dirt, or ether partieulate matter. No use shall be carried out within any zoning district so as to allow the emission of smoke, dust, dirt or other particular matter which may cause damage to property or vegetation, discomfort or harm to persons or animals, or prevent the reasonable use and enjoyment of property and rights-of-way, at or beyond the property lines of the property on which the use is located. Furthermore, no use shall be carried out so as to allow the emission of any substances in violation of any federal, state, county or city laws or permits governing the emission of such substances. D. Odor. 4. Odors and fumes. No use shall be carried out in any industrial district so as to allow the emission of objectionable or offensive odors or fumes in such concentration as to be readily perceptible at any point at or beyond the boundary of industrial districts. For all nonindustrial districts, the standards contained in this paragraph shall apply where the district abuts any residential district. ZONING E. Toxic Matter. 5. Toxic or noxioas matter. No use shall be carried out in any zoning district so as to allow the discharge of any toxic or noxious matter in such concentrations as to cause damage to property or vegetation, discomfort or harm to persons or animals, or prevent the reasonable use and enjoyment of property or rights-of-way, at or beyond the property line of the property on which the use is located; or to contaminate any public waters or any groundwater. F. Fire and Explosions. 6. Fire aBd explosion hazards. No use shall be carried out in any zoning district so as to create a fire or explosion hazard to adjacent or nearby property or rights-of-way, or any persons or property thereon. Furthermore, the storage, use~ or production of flammable or explosive materials shall be in conformance with the provisions of Part II, Chapter 9 ofthe City of Boynton Beach Code of Ordinances. G. Heat. Humidity. and Glare. 7. Heat, humidity, or glare. No use shall be carried out in any zoning district so as to produce heat, humidity or glare which is readily perceptible at any point at or beyond the property line ofthe property on which the use is located. Artificial lighting which is used to illuminate any property or use shall be directed away from any residential use which is a conforming use according to these zoning regulations, so as not to create a nuisance to such residential uses. H Waste. 1:. Liquid Waste. 8. Liquid waste. No use shall be carried out in any zoning district so as to dispose of liquid waste of any type, quantity.L or manner which is not in conformance with the provisions of Part II, Chapter 26 of the City of Boynton Beach Code of Ordinances, or any applicable federal, stateLor county laws or permits. 2. Solid Waste. 9. Solid \.vaste. No use shall be carried out in any zoning district so as to allow the accumulation or disposal of solid waste which is not in conformance with Part II, Chapter 10 ofthe City of Boynton Beach Code of Ordinance, or which would cause solid waste to be transferred in any manner to adjacent or nearby property or rights-of-way. I. ElectromaS!netic Interference. 10. EleetromagBetic interf-erence. No use shall be carried out in any zoning district so as 2 June 7, 2007 ZONING to create electromagnetic radiation which causes abnormal degradation of performance of any electromagnetic receptor of quality and proper design as defined by the principles and standards adopted by the Institute of Electrical and Electronics Engineers, or the Electronic Industries Association. Furthermore, no use shall be carried out in any zoning district so as to cause electromagnetic radiation which does not comply with the Federal Communications Commission regulations, or which causes objectionable electromagnetic interference with normal radio or television reception in any zoning district. Section 2. Hazardous / Toxic Waste and Substances. 11. H~ materials, hazardous waste, and toxie sabstanees. a. A. Fire Department Hazardous Material Disclosure Form. Prior to the issuance or renewal of a Business Tax receipt B:B: ocoupatioFlallieoose in the city, the operator of any use that uses, handles, stores, displays, or generates hazardous materials, hazardous waste, or a toxic substance, as the same are defined in 40 Code of Federal Regulations, Part 261 or the Florida Substance List as set forth in Rule 4A-62.004, Florida Administrative Code, and requires a permit for same from a state or federal agency, or requires periodic reporting to a state or federal agency, shall be required to file a Fire Department Hazardous Material Disclosure Form in accordance with Part II. Chapter 9. Article VIII. Section 9-122 Pat:t Ill, SeetioR 9 71 of this code. B. Spill Containment System. e. The operator of any such use shall be required to design and construct, prior to occupancy, an appropriate separate spill containment system to hold spilled hazardous materials for cleanup, independent from the storm water drainage system, along with an appropriate early warning monitoring program. The containment system and monitoring program shall be a type which is generally acceptable to the Florida Department of Environmental Regulation and the South Florida Water Management District, and shall serve all structures or areas where hazardous materials are used, handled, stored~ or displayed, or where hazardous wastes are generated. C. Depressed Truck Wells. e. Depressed truck wells which are utilized by users of hazardous materials and generators of hazardous waste shall provide a drainage system which shall be designed and maintained to include oil and grease receptors, and open bottom sedimentation pumps as pollutant retardant structures. Such systems shall be designed so as to prevent pollutants from entering surface waters and groundwater. Parking areas and 3 June 7, 2007 ZONING driveways adjacent to truck wells shall be designed to divert runoff to storage and exfiltrations systems on-site, prior to discharge into surface waters or storm sewers. D. Hazardous Materials Response Plan. a. Those using, storing, displaying, or generating hazardous materials, hazardous waste, or toxic substances shall develop hazardous materials response plans prior to the operation of such uses, which shall require the approval of the Fire Marshal. This plan shall identify appropriate measures for contamination response including, but not limited to: !.: fB Provision of equipment and trained personnel on-site or a contract with a contamination response firm meeting Florida Department of Environmental Regulation standards, where appropriate; 2. ~ Specification of follow-up water quality monitoring programs to be implemented in the event of contamination; 3. ~ Specification of design and operational measures to contain and direct contaminated surface runoff away from lakes, ponds, canals, drainage structures and/or other connections to the surficial aquifer: 4. f41 Specifications for the development and implementation of an early warning monitoring program; 5. ~ Proof of financial responsibility which will assure that cleanup costs can be provided; 6. f6t A copy of the permit issued by or application for permit to the governmental agency or agencies responsible for permitting the handling, storage, display, or generation ofthe particular hazardous materials, hazardous wastes, or toxic substances. Where only periodic reports are required to be supplied to such agencies, copies of these reports shall be provided to the Fire Marshal; 7. f+t Where the information required under 1 through 7 (1) thrOl:lgR (6) above is required as part of the information required for permitting by or reporting to governmental agencies responsible for regulating hazardous materials or hazardous wastes, this information shall be considered sufficient for the purpose of this section. 4 June 7, 2007 ZONING Section 3. Use ReS!ulations Previously reviewed by Boards and City Commission. Section 4. Notes and Restrictions Previously reviewed by Boards and City Commission. Section 5. Permitted Uses A permitted use is allowed, by right. within a zoning district provided that all development regulations are met. A permitted use must be conducted on a site in order to have accessory or ancillary uses on that site. Section 6. Conditional Uses A. Applicabilitv. Seetion 11.2. ConditioBal l:lses. ,^~. SCOPE. Where zoning district regulations indicate that a use is allowed as a conditional use, the procedures, requirements, and standards set out in Chapter 2, Article II, Section 6 and this section shall apply. B. DefInition. See Chapter 1, Article II Definitions. ~ DEFINITION. A eOBditioHal use is a use that wauld Hot bo appropriate geaerally, or withoat restrietion, tbreughaut a zaRing classifieatioB or district. Sl:leh uses ho':/ever, if eontrelled as to area, 10eatiaR, 1R:1moer, or relation to the neighborhoad, wauld promote publie aPflearance, eomfort, eaH'IOfI:ienee, geBeml welfare, good order, health, morals, prosperity, and safety oftile eity. Sl:leh uses may be allowed in a zoning elassifieatioB or distriet as a conditiaHal l:lse if speeifie pro':ision for Sl:leh a cOFlditioRaluse is made iH these zomng regulatioBs. C. Standards for Evaluatins! Conditional Uses. ~ ST}~ND}~WS FOR EV}..Wf~ TING CONDITION,\L USES. +fie pl8:llliiag and development boaffi and City CommissioB shaH cOHsider oHI)' sl:leh eOHditional uses as are aathorized lHlder the terms of these zORiHg regulatioHs and, iR eonnectioR theFewith, may gran{ eaHditional uses absoll:ltely or eORditioned UflOR the faithful adherenee to and fulfillment of sueh restrietioHs and eonditioBs meluding, bl:lt Hot limited to, the dedieation of property f{)r streets, alleys, reereation spaee aBd sidewalks, as shall be determiRed neeessary for the proteetiaR afthe sl:llTelHldiRg area and the eitizoos' general welfare, or deay eonditionaluses when Bot iH harmony \yith the mteat and pmpose of this seetioR. In evaluating an application 5 June 7,2007 ZONING for conditional use, the Board ~ and Commission commission shall consider the effect of the proposed use on the general health, safety~ and welfare of the community and make written findings certifying that satisfactory provision~ has been made concerning the following standards, where applicable: 1. Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe~ 2. Off-street parking and loading areas where required, with particular attention to the items in subsection C g.l. above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole~ 3. Refuse and service areas, with particular reference to the items in subsection C g.I. and C g.2. above~ 4. Utilities, with reference to locations, availability, and compatibility~ 5. Screening, buffering and landscaping with reference to type, dimensions, and character~ 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties~ 7. Required setbacks and other open spaces~ 8. General compatibility with adjacent properties, and other property in the zoning district~ 9. Height of buildings and structures, with reference to compatibility and harmony to adjacent and nearby properties, and the city as a whole~ 10. Economic effects on adjacent and nearby properties, and the city as a whole~ 11. Conformance to the standards and requirements which apply to site plans, as set forth in Chapter 2, Article II. Section 5.F. Chapter -1 of the City~ ofBoyntoR Beach Land Development Regulations~ 6 June 7. 2007 ZONING 12. Compliance with, and abatement of nuisances and hazards in accordance with the Operational Performance Standards as indicated in Chapter 3. Article IV, Section 1 and the performanee standards, Se6tioR 1.N of Chapter 2; also, 6ElHformanee to the City of Boynton BeaeR Noise Control Ordinance, Part II, Chapter 15, Section 15.8 of the Boynton Beach Code of Ordinances: and 13. Required sound study and analysis. All conditional use applications for bars, nightclubs and similar establishments shall include the following analysis performed by a certified acoustic engineer: a. Data on the sound emitting devices/equipment and the methods and materials to be used to assure that the acoustic level of the City Code will be met; b. The analysis shall specify the authority and/or basis for determination of the acoustic level of the sound emitting devices/ equipment; c. The analysis of any sound retention, reduction or reflection shall include information such as the nature, types and coefficients of sound absorbent and sound-reflecting materials to be used, coatings of the surfaces of ceilings, walls, windows, and floors and insulation to be used: and / or d. It shall also verify that sound standards shall be met during the normal opening of doors for people entering and exiting the establishment. Section 7. Non-conforminS! Uses A. Definition. See Chapter 1, Article II. Definitions. B. Existins! Uses Seetion 11.1. NOB60Hformmg l:lses and struetares. A. EXISTING USES. Any lawful use of land or structures existing on the effective date of the adoption or amendment of these zoning regulations, but which would become a nonconforming use under the terms of these regulations or future amendments hereto, shall be permitted to continue, subject to the provisions of this section pertaining to its extension, alteration, 7 June 7, 2007 ZONING reconstruction, Business Tax renewal continuance, discontinuance or change. H. ST}~TUS OF EXISTING USES REQUIRl}IG CONDITIffiV\L USE APPROV}~L. Any use or structure in lawful existence at the time of adoption or amendment of these zoning regulations which would thereafter require a conditional use approval under its provisions shall be construed to be a nonconforming use. Such uses or structures may become conforming upon application, review, and approval as a conditional use according to the procedures and standards set forth in these zoning regulations for conditional use approvals. However, if approval of a conditional use is not granted for such use or structure, then it shall continue to be construed as nonconforming. Any enlargement, increase, extension, or intensification of a use or structure wffieft would require such approval as if it were a new use or structure. Any alteration or movement of such use which the development director finds does not enlarge, increase, extend, or intensify the use, shall not require conditional use approval, but shall conform to all other applicable provisions contained in the Boynton Beach Land Development Regulations. (Ord. No. 96 51, ~ 8,1 21 97; Ord. No. 01 18, ~ 2, 9 1 01; Ord. No. 01 027, ~ 7, 1 20 M+ C. Non-ConforminS! Use Limitations 1:. Use of Land B. NONCffiIFORM.ING USES OF L^~ND. 1. No nonconforming use ofland shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied on the effective date of the adoption or amendment ofthese regulations, unless such use is subsequently changed to a use permitted in the district in which such use is located. ~. No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use on the effective date of the adoption or amendment to these regulations, nor shall such nonconforming use be moved to any other parcel or located in any district within which said use is not permitted. ~ No additional structures or buildings shall be erected in connection with such nonconforming use of land. 2. Use of Structures D. USES Of STRUCTURES. 1. NONCOtJFORMl}JG The nORconf{)rming l:lse of 8 June 7, 2007 ZONING a builaiBg or other strnet1:lre may be exteflded tlrrOl:lgflout any part of the bl:lildiRg or struoture ',vlHeh was elearly desigHed 8fl:d iBteflded for sueh l:lse at the date ef the effectiye adOptiOR or atReflamoot ofthese l'egulatioHs. Any nonconforming use which occupies a portion of a building or other structure not originally designed or intended for such use shall not be extended to any other part of the building or structure. No nonconforming use may be extended to occupy any land outside the building or structure, nor any additional building or structure on the same plat, which was not used for such nonconforming use at the effective date of the adoption or amendment of these regulations. ~ No structure used for a nonconforming use shall be enlarged, extended, reconstructed" or structurally altered, unless the use is changed to one which complies with the provisions of this chapter [ordinance]. However, ordinary repairs, maintenance and improvements, such as plumbing or wiring, replacement of nonbearing walls, fixtures or other interior alterations, shall be permitted each year in an amount not to exceed twenty-five (25) percent of the assessed value of the building or structure for that year as determined by the Palm Beach County Property Appraiser, subject to the provisions of the preceding paragraph and provided such work does not increase the cubic volume of the structure, the floor area devoted to the nonconforming use or the number of dwelling units. Nothing in these regulations shall prevent compliance with applicable laws or ordinances relative to the safety and sanitation of a building occupied by nonconforming use. D. ChanS!e of Use. G. CONTINUANCE, DISCONTINU}..NCE OR CH:\NGE OF NONCONFORMING :ys.g. Any part of a structure or land occupied by a nonconforming use which is changed to or occupied by a conforming use shall not thereafter be used or occupied by a nonconforming use. h A nonconforming use ofland or structure shall not be changed to any other use except one which would be permitted as a conforming use in the district in which the land or building is located. However, no change shall be required in the plans, construction, or designed use of any structure for which a building permit was lawfully issued pursuant to Chapter 4, Article IX Chapter 20 of the Land De>lelopment Regalatiolls, and upon which construction has actually begun prior to the effective date of the adoption or amendment of these regulations. 9 June 7, 2007 ZONING 2. "^.ny part of a structure or land occlipied by a nOHconforming use whioo is ooanged to or ocoupied by a conforming l:lse shall not thereafter be llSed or oeclipied by a nOBeonforming use. E. Discontinuance. ~ If for any reason a nonconforming use ofland, structure or any part thereof ceases or is discontinued for a period of more than six (6) consecutive months, except when government action impedes access thereto, the land shall not thereafter be used for a nonconforming use. The issuance or existence of a reQuired Business Tax receipt, permit, or other governmental authorization to conduct such non-conforming use shall not mean that the use has not ceased, but that the lack of the same shall create a refutable presumption that the use has ceased. F. Non-Conformin2 Lots / Structures. Article V Supplemental Regulations, Section 9. See Chapter 3, S:\Planning\Zoning Code Update\LDR Rewrite\Part III\Chapters\Chapter 3 Zoning\Final\Article IV Use Regulations.doc 10 June 7, 2007 IX. Old Business: A. Approval of MSCW Professional Services Contract "'.'...--:"Si.,V /':':;:, - ,r-' ,"", '<'~<' ~~Y~T8~IC East Side.....West Side.....Seaside Renaissance AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: June12,2007 I Consent Agenda I X I Old Business New Business Public Hearing Other SUBJECT: Approval ofMSCW Professional Services Contract SUMMARY: At the May 2007 CRA Board meeting, the Board selected three firms, MSCW, Kimley-Horn and REG, to work on various CRA initiated projects. The firms will work under a continuing contract with the CRA. Attached is the FORM of the continuing contract that MSCW will execute. The document was drafted and reviewed by CRA Legal Counsel. MSCW will execute additional contracts once specific projects and budgets have been determined. FISCAL IMPACT: none RECOMMENDA TIONS: Approve the continuing contract form for MSCW's professional services. Cdl4is4 Planning Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board Meetings\0706 12 CRA Board Meeting - June\Prof. Services Cant. Contract MSCW.doc DESIGN AND PROFESSIONAL SERVICES AGREEMENT THIS IS AN AGREEMENT ("Agreement"), entered into this _day of , between the Boynton Beach Community Redevelopment Agency, hereinafter referred to as "CRA", and MSCW, Inc., authorized to do business in the State of Florida, hereinafter referred to as the "CONSULTANT." WHEREAS, the CRA has selected CONSULTANT under the provisions of Section 287.055, Florida Statutes, the Consultants Competitive Negotiation Act; and WHEREAS, the CRA agrees to retain the CONSULTANT for design and professional services work prescribed herein in connection with various CRA projects, hereinafter called the "WORK"; and WHEREAS, this Agreement shall be considered a continuing contract as described under Section 287.055(2)(g), Florida Statutes; WHEREAS, the CRA has investigated the qualifications of the CONSUL T ANT to perform the WORK herein contemplated and found them satisfactory; and WHEREAS, the CONSULTANT has examined the scope of the WORK required hereunder and has expressed its desire and willingness to provide such design and professional services and has presented his qualifications to the CRA in support of such expressed desires; and WHEREAS, as a result of the aforementioned, the CRA agrees to enter into this Agreement with the CONSULTANT; and WHEREAS, the CRA Board has approved the selection of the CONSULTANT to perform such services, and the CONSULTANT agrees to accept employment upon the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the premises and the mutual covenants herein contained, the CRA agrees to employ the CONSULTANT for an unspecified term commencing on the Effective Date as defined herein, and the CONSULTANT agrees to perform all design and professional services in connection with the WORK, as described herein, for the total duration of this Agreement, upon the following terms and conditions; namely: 1. SCOPE OF SERVICES. The CONSULTANT shall provide the following services as necessary and applicable on a continuing or rotating basis at the sole and absolute discretion of the CRA: 1. General Architectural Services - consulting and design services including conceptual, schematic, design development, construction documents, and/or construction administration for public buildings, as well as affordable housing projects and adaptive re-use and restoration of existing buildings with historic character. 2. Landscaoe Architecture - consulting and design services related to conceptual, schematic, design development, construction documents and/or construction administration for landscape and hardscape of public places and spaces in an urban setting including but not necessarily limited to parks, public properties, rights-of- ways and easements. 3. Civil Enoineerino - consulting and design services related to conceptual, schematic, design development, construction documents and/or construction administration 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-ways and easements 4. Traffic Enoineerino - general traffic consulting and/or construction administration as well as conduct various traffic, trip generation, parking and other similar studies for possible future projects, or to evaluate existing conditions and project future need. 5. Marine Enoineerino - design, construction and/or construction administration of improvements to the eRA marina property as well as other marine-related tasks. 2. GENERAL PROVISIONS. 1. The CONSULTANT and CRA will negotiate a mutually agreeable separate agreement including a Scope of Work and/or Notice to Proceed to encompass CONSULTANT'S services on as as-needed basis for each project the CRA desires to use CONSULTANT'S services. Any such separate agreement shall be subject to the limits of Section 287.055, Florida Statutes. 2. The CRA reserves, at all times, the right to perform any and all design and professional services or work with other design professionals. This Agreement does not confer on the CONSULTANT any exclusive rights to CRA 2 work, nor does it obligate the CRA in any manner to guarantee work for the CONSULTANT. The CONSULTANT may submit proposals for any professional services for which proposals may be publicly solicited by the CRA outside of this Agreement. 3. The parties agree that any future agreement for each individual project will incorporate a fee structure, as outlined in the applicable Request for Qualifications, based upon a Lump Sum Fee or an Hourly/Not to Exceed Fee. 4. The CRA agrees that it will furnish to the CONSULTANT plans and other relevant available data in the CRA files pertaining to the work to be performed as soon as possible after execution of each separate agreement and/or issuance of each Notice to Proceed. 5. The CONSULTANT shall assist the CRA to develop a program which shall set forth the CRA's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. 6. The CRA, with the assistance of the CONSULTANT if requested, shall establish an overall budget for each individual project, including the construction cost (the total cost or estimated cost to the CRA of all elements of each project designed or specified by the CONSULTANT), architectural and other sub- professional fees, relocation costs, on- and off-site improvements, the CRA's other costs and reasonable contingencies related to al(of the costs. The CONSULTANT shall endeavor to design the necessary improvements within the CRA's budgetary constraints. However, CONSULTANT does not guarantee its design will be within CRA's budgetary constraints. CONSULTANT shall be compensated by CRA for any additional services necessary as agreed to between the parties to perform any re-design services if construction bids exceed CRA's budgetary constraints. Evaluations of the CRA's Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost, if any, prepared by the CONSULTANT, represent the CONSULTANT's best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the CONSULTANT nor the CRA has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the CONSULTANT cannot and does not warrant or represent that bids or negotiated prices will not vary from the CRA's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the CONSULTANT. 7. The CONSULTANT will submit a proposal upon the CRA's request prior to the issuance of an individual project agreement, Scope of Work and/or Notice to Proceed. No payment will be made for the CONSULTANT's time and services in connection with the preparation of any such proposal. 3 8. The CRA agrees to designate, when necessary, a representative who shall examine the documents submitted by the CONSULTANT and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the CONSULTANTS services. 3. TERMINATION. This Agreement shall operate as a continuing contract until either party terminates this Agreement with or without cause by providing written notice to the other party at least thirty (30) days prior to requested termination date. 4. TIMING OF THE WORK. The services to be rendered by the CONSULTANT for any work shall be commenced upon written Notice to Proceed from the CRA and shall be completed within the time based on reasonable determination, stated in the Notice to Proceed. 5. COMPENSATION. The CONSULTANT agrees to negotiate an "hourly rate" fee or an hourly fee with a "not to exceed" upper limit or a lump sum amount (or a combination of the above) for WORK assigned to CONSULTANT based on the Scope of such WORK. Upon agreement of a fee, the Executive Director of the CRA or his/her designee will issue a written Notice to Proceed to the CONSUL T ANT. The fees for Professional Services for each phase of the WORK shall be determined by one of the following methods or a combination thereof, as mutually agreed upon by the CRA and the CONSULTANT and incorporated into the individual project Agreement and/or Notice to Proceed. 1. Hourly Rate Fee: The CRA agrees to pay, and the CONSULTANT agrees to accept, for the services rendered pursuant to this Agreement a fee based on direct labor costs times a factor of 3.0. (The CRA will issue a purchase order for the work which will contain an estimate of total fees. Increases to original purchase orders or new purchase orders will be issued as required to allow continuation of the work.) 2. Not to Exceed Upper Limit: In cases where the scope of work can be readily defined and the level of contingency can be estimated, the CRA and the CONSULTANT will attempt to agree on an upper limit for the hourly work. Hourly rate fees will be paid for the time worked and billed up to the limit of the agreed upon "Not to Exceed" fee. The "Not to Exceed" limit will be negotiated with the CONSULTANT based upon his estimate of time and contingencies. 3. Lump Sum Fee: If this is the agreed upon option, the CONSULTANT agrees to negotiate a "Lump Sum Fee" for a particular assignment when the WORK can be clearly defined. The "Lump Sum Fee" shall be paid for the percent of work completed including expenses and services of subconsultants. The negotiated "Lump Sum Fee" will include all wages, benefits, overhead, profit, and expense for the WORK and will not be increased unless there is a change in the Scope of WORK. 4 4. Special Subcontracting Consultants: For services and reimbursable expenses of special subcontracting consultants employed by the CONSULTANT, CRA shall pay CONSULTANT the amount billed to CONSULTANT. Coordinating fees of the CONSUL T ANT shall be included in the "Lump Sum Fee." Hourly rate contracts will pay for actual hours spent. If a subconsultant is added after negotiation of a "Lump Sum Fee," a 10% coordinating fee may be added to the subconsultant's fee upon written approval by the CRA. 5. For Reimbursable Expenses: A list of the allowable reimbursable expenses are detailed in Exhibit "A" No payment will be made for items not on the Exhibit. 6. PAYMENT. The CRA will make monthly payments or partial payments to the CONSULTANT for all authorized WORK performed during the previous calendar month within thirty (30) days of submittal of each invoice. The CONSULTANT shall submit invoices to the Executive Director or his/her deisgnee and provide the following information: 1. The amount of the invoices submitted shall be the amount due for all WORK performed to date as certified by the CONSULTANT. 2. The request for payment shall include the following information: a. Total Contract amount. b. Percent of work complete. c. Amount earned. d. Amount previously billed. e. Amount due this invoice. 1. Summary of work done this billing Period. g. Invoices number and date. h. Purchase Order number. 7. OWNERSHIP OF DOCUMENTS All reports and reproducible plans, and other data developed by the CONSULTANT for the purpose of this Agreement shall become the property of the CRA without restriction or limitation in connection with the owners use and occupancy of the project. Reuse of these documents without written agreement from the CONSULTANT shall be at the CRA'S sole risk and without liability and any legal exposure to the CONSULTANT. 8. COURT APPEARANCES, CONFERENCES AND HEARINGS Nothing in this contract shall obligate the CONSULTANT to prepare for or appear in litigation on behalf of the CRA, except in consideration of additional compensation, and except for any dispute arising out of this contract. The amount of such compensation shall be mutually agreed upon receipt of written authorization from the Executive Director prior to performance of a court appearance and conference. 5 9. AUDIT RIGHTS The CRA reserves the right to audit the records of the CONSULTANT related to this Agreement at any time during the execution of the WORK included herein and for a period of one year after final payment is made. 10. SUBLETTING/ASSIGNMENT The CONSULTANT shall not sublet, assign, or transfer any WORK under this Agreement without the prior written consent of the CRA. 11. DEFAULT In the event either party fails to comply with the provisions of this Agreement, the aggrieved party may declare the other party in default and notify such party in writing. In such event, the CONSULTANT will only be compensated for any completed professional services. In the event partial payment has been made for such professional services not completed, the CONSULTANT shall return such sums to the CRA within ten (10) days after notice that said sums are due. 12. INSURANCE AND INDEMNIFICATION The CONSULTANT shall not commence WORK on this Agreement until it has obtained all insurance required under this Agreement and such insurance has been approved by the CRA. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida. The CONSULTANT shall furnish Certificates of Insurance to the CRA's representative. The Certificates shall clearly indicate that the CONSULTANT has obtained Insurance of the type, amount, and classification as required for strict compliance with this Agreement and that no material change or cancellation of the insurance shall be effective without thirty (30) days prior written notice to the eRA's representative. Compliance with the foregoing requirements shall not relieve the CONSULTANT of its liability and obligations under this Agreement. CONSUL T ANT shall, at its sole expense, agree to maintain in full force and effect at all times during the life of this Agreement, insurance coverages, limits, including endorsements, as described herein. By virtue of this Agreement, CRA's indemnification obligations shall not exceed the statutory limits described within Section 768.28, Florida Statutes, and CRA does not otherwise waive its sovereign immunity rights. CONSUL T ANT'S liability under this Agreement shall be limited to the amount of the insurance CONSULTANT is required to maintain under this Agreement. If CRA desires additional limits of insurance coverage, CONSULTANT shall use its best efforts to obtain same. a. PROFESSIONAL LIABILITY CONSULTANT shall agree to maintain Professional Liability, or equivalent Errors & Omissions Liability at a limit of liability not less than $2,000,000 Per Occurrence. When a self-insured retention (SIR) or deductible exceeds $50,000 the CRA reserves the right, but not the obligation, to review and request a copy 6 of CONSULTANT'S most recent annual report or audited financial statement. For policies written on a "Claims-Made" basis, CONSULTANT warrants the Retroactive Date equals or precedes the effective date of this contract (Certificate of Insurance shall soecifv: Retro date - Full orior acts coveraae aoolies). In the event the policy is canceled, non- renewed, switched to an Occurrence Form, retroactive date advanced; or any other event triggering the right to purchase a Supplemental Extended Reporting Period (SERF) during the life of this Contract, CONSULTANT shall agree to purchase a SERF with a minimum reporting period not less than three (3) years. CONSULTANT shall agree this coverage shall be provided on a primary basis. The Certificate of Insurance must indicate whether coverage is written on an occurrence or claims- made basis and must indicate the amount of any SIR or deductible. b. COMMERCIAL GENERAL LIABILITY. AUTOMOBILE LIABILITY AND WORKERS' COMPENSATION CONSULTANT shall agree to maintain Commercial General Liability at a limit of liability not less than $1,000,000 Each Occurrence. CONSUL TANT shall agree to maintain Business Automobile Liability at a limit of liability not less than $1,000,000 Each Occurrence for all owned, non-owned and hired automobiles. In the event CONSULTANT does not own any automobiles, the Business Auto Liability requirement shall be amended allowing CONSULTANT to agree to maintain only Hired & Non-Owned Auto Liability. This amended requirement may be satisfied by way of endorsement to the Commercial General Liability, or separate Business Auto coverage form. CONSULTANT shall agree this coverage shall be provided on a primary basis. CONSULTANT shall agree to maintain during the life of this Agreement, Workers' Compensation Insurance and Employer's Liability in accordance with Florida Statute Chapter 440. CONSULTANT shall agree this coverage shall be provided on a primary basis. c. UMBRELLA OR EXCESS LIABILITY If necessary, CONSULTANT may satisfy the minimum limits required above for either Commercial General Liability, Business Auto Liability, and Employer's Liability coverage under Umbrella or Excess Liability. The Umbrella or Excess Liability shall have an Aggregate limit not less than the highest 'Each Occurrence" limit for either Commercial General Liability, Business Auto Liability, or Employer's Liability. The CRA shall be specifically endorsed as an "Additional Insured" on the Umbrella or Excess Liability, unless the Certificate of Insurance notes the Umbrella or Excess Liability provides coverage on a "Follow-Form" basis. CONSULTANT has agreed to and shall maintain minimum Umbrella limits of $5,000,000. d. ADDITIONAL INSURED CONSUL T ANT shall agree to endorse the CRA as an Additional Insured to the Commercial General Liability. The Additional Insured endorsement shall read "Boynton Beach Community Redevelopment Agency." (Project 7 ). CONSULTANT shall agree the Additional Insured endorsements provide coverage on a primary basis. e. WAIVER OF SUBROGATION CONSULTANT shall agree, by entering into this Contract, to a Waiver of Subrogation for each required policy. When required by the insurer, or should a policy condition not permit an Insured to enter into a pre-loss agreement to waive subrogation without an endorsement, then CONSULTANT shall agree to notify the insurer and request the policy be endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to any policy, which a condition to the policy specifically prohibits such an endorsement, or voids coverage should CONSULTANT enter into such an agreement on a pre-loss basis. f. CERTIFICATE OF INSURANCE Immediately following notification of the award of this Agreement, CONSULTANT shall agree to deliver to the CRA a Certificate(s) of Insurance evidencing that all types and amounts of insurance coverages required by this Agreement have been obtained and are in full force and effect. Such Certificate(s) of Insurance shall include a minimum thirty (30) day endeavor to notify due to cancellation or non-renewal of coverage. g. RIGHT TO REVIEW CRA, by and through its Risk Management Office, in cooperation with the contracting/hiring department, reserves the right to review, modify, reject or accept any required policies of insurance, including limits, coverages, or endorsements, herein from time to time throughout the life of this Contract. CRA reserves the right, but not the obligation, to review and reject any insurer providing coverage because of its poor financial condition or failure to operate legally. The CONSULTANT shall indemnify and save harmless and defend the CRA, its officers, agents, servants, and employees from and against any and all claims, liability, damages, losses, and/or causes of action including reasonable attorneys' fees, to the extent they may arise from any breach of contract or any negligent act, error or omission of the CONSULTANT its officers, employees, agents, sub-consultants or anyone acting their authority and control in the performance of this Contract. The indemnity obligations of this agreement shall not apply to damages or injury to the extent caused by the negligence or willful misconduct of CRA, or its officers, employees, agents, or third parties. 13. CODES, ORDINANCES AND LAWS. The CONSULTANT agrees to abide and be governed by all CRA, County, State and Federal codes, ordinances and laws which may have a bearing on the WORK involved on this project. Unless otherwise provided, this Agreement shall be governed by the law of the principal place of business of the CONSULTANT. 8 14. HAZARDOUS SUBSTANCES. Services related to determinations involving hazardous substances or conditions, as defined by federal or state law, are limited to those tasks expressly stated in the scope of services to be entered into. In any event, CONSULTANT shall not be a custodian, transporter, handler, arranger, contractor, or remediator with respect to hazardous substances and conditions. CONSUL TANT'S services will be limited to professional analysis, recommendations, and reporting, including, when agreed to, plans and specifications for isolation, removal, or remediation. The CONSULTANT shall notify the CRA of hazardous substances or conditions not contemplated in the scope of services of which the CONSULTANT actually becomes aware. Upon such notice by the CONSULTANT, the CONSULTANT will stop affected portions of its services. The parties shall decide if CONSULTANT is to proceed with testing and evaluation and may enter into further agreements as to the additional scope, fee, and terms for such services. 15. 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. 16. MODIFICATION OF AGREEMENT. No alteration, change, or modification of the terms of this Agreement shall he valid unless made in writing and signed by both parties hereto, upon appropriate action by the CRA. 17. MEDIATION. The parties to this Agreement desire to avoid the expense and delay caused by the filing of lawsuits. Therefore, it is agreed that in the event of any dispute or disagreement between the parties that a jointly-selected mediator shall conduct a mediation in an effort to resolve the issue(s) with each party to pay 50% of the mediator's fees. 18. VENUE. In the event any disputes arising out of this Agreement cannot be worked out by mediation, any and all lawsuits shall be filed in the 15th Judicial Circuit Court in and for Palm Beach County, Florida or the Southern District Court of Florida if filed in U.S. Federal Court. 19. ATTORNEY'S FEES AND COSTS. Should it be necessary to bring an action to enforce any of the provisions of this Agreement, reasonable attorney's fees and costs, including those at the appellate level, shall be awarded to the prevailing party. 9 20. COUNTERPARTS. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 21. PRIOR AGREEMENTS. Any prior agreements between the parties that are in conflict with the provisions contained herein are, to the extent of any such conflict, hereby superceded and repealed by this Agreement. 22. NON-DISCRIMINATION. The CONSULTANT warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, sex, age, or national origin. 23. SEVERABILITY. If any term or provision of this Agreement, or the application thereof to any person or circumstance 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. 24. ASSIGNMENT OF SUBCONTRACTORS. The CONSULTANT reserves the right to assign subcontractors with reasonable prior notice to the CRA Executive Director to this project to insure the quality of the job as well as on-time completion. However, the CONSULTANT shall remain responsible for the completion of the terms of this Agreement. 10 25. NOTICE. All notices required in this Agreement shall be considered delivered when received by certified mail, return receipt requested, or personal delivery and if sent to the CRA, shall be mailed to: Lisa A. Bright, CRA Executive Director Boynton Beach Community Redevelopment Agency 639 E. Ocean Ave. Suite 103 Boynton Beach, FL 33435 With a copy to: Kenneth G. Spillias, Esq. Lewis, Longman & Walker, P.A. 1700 Palm Beach Lakes Boulevard, Suite 1000 West Palm Beach, FL 33401 If sent to the CONSULTANT, shall be mailed to: MSCW, Inc. Attention: Skip Harvey 100 S.W. Albany Street, Suite 200 Stuart, Florida 34994 With a copy to: Guy S. Haggard, Esquire Gray Robinson, P.A. 301 East Pine Street, Suite 1400 P.O. Box 3068 (32802-3068) Orlando, F~rida 32801 26. PUBLIC ENTITY CRIMES SWORN STATEMENT. The CONSULTANT, by its execution of this Agreement, acknowledges and attests that neither the CONSULTANT, nor any of its suppliers, subcontractors, or consultants who shall perform work which is intended to benefit the CRA, is a convicted vendor or, if the CONSULTANT or any of its affiliates has been convicted of a public entity crime, a period longer than 36 months has passed since that person was placed on the convicted vendor list. CONSULTANT further understands and accepts that this Agreement shall be either voidable by the CRA or subject to immediate termination by the CRA, either in the event there is any misrepresentation or lack of compliance with the mandates of section 287.133, Florida Statutes. CRA, in the event of such termination, shall not incur any liability to CONSULTANT for any work or materials furnished. 11 27. EFFECTIVE DATE. This Agreement shall be effective as of the last date it has been executed by all parties. By authority of the CRA Board BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY WITNESS: By: Print Name: Its: Chairperson Date: WITNESS: WITNESS: CONSULTANT - MSCW, Inc. By: Print Name: Its: Date: WITNESS: RECOMMEND APPROVAL: APPROVED AS TO FORM & LEGAL SUFFICIENCY: Executive Director CRA Attorney 1:\Client Documents\Boynton Beach CRA\2419-000\Agreements\Continuing Contract - Design & Professional Services- MSCW.doc 12 EXHIBIT "A" DESIGN AND PROFESSIONAL SERVICES AGREEMENT BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY AND MSCW, INC. Reimbursable expenses are charged on a direct cost basis times a multiple of 1.1. Reimbursable expenses include all copies, prints, and reproduction costs, postage and shipping; long distance calls; laboratory analysis; field kit charges; equipment rental; and ex.penses for travel outside a thirty (30) mile radius of the project site (to include food, transportation, lodging, tolls, and mileage). \45700\1 - # 833236 vi IX. Old Business: B. Approval of REG and Kimley-Horn Professional Services Contract ,.\ 1,"- ....::;.:~. ._~1'J{~\\~~~> ~~qY~T8~C East Side.....West S.lde.....Seaside Rena'lssance AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: June12,2007 I Consent Agenda I X I Old Business New Business Public Hearing Other SUBJECT: Approval of REG and Kimley-Horn Professional Services Contract SUMMARY: At the May 2007 CRA Board meeting, the Board selected three firms, MSCW, Kimley-Horn and REG, to work on various CRA initiated projects. The firms will work under a continuing contract with the CRA. Attached is the FORM of the continuing contract that REG and Kimley-Horn will execute. The document was drafted and reviewed by CRA Legal Counsel. REG and Kimley-Horn will execute additional contracts once specific projects and budgets have been determined. FISCAL IMPACT: none RECOMMENDATIONS: Approve the continuing contract form for REG and Kimley-Horn's professional services. ~/U Planning Director T:\AGENDAS, CONSENT AGENDAS, MONTHL Y REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board Meetings\07 0612 CRA Board Meeting - June\Prof. Services Cant. Contract REG Kimley Hom.doc DESIGN AND PROFESSIONAL SERVICES AGREEMENT THIS IS AN AGREEMENT ("Agreement"), entered into this _day of , between the Boynton Beach Community Redevelopment Agency, hereinafter referred to as "CRAil, and , authorized to do business in the State of Florida, hereinafter referred to as the "CONSUL TANT." WHEREAS, the CRA has selected CONSULTANT under the provisions of Section 287.055, Florida Statutes, the eonsultants Competitive Negotiation Act; and WHEREAS, the CRA agrees to retain the CONSULTANT for design and professional services work prescribed herein in connection with various eRA projects, hereinafter called the "WORK"; and WHEREAS, this Agreement shall be considered a continuing contract as described under Section 287.055(2)(g), Florida Statutes; WHEREAS, the CRA has investigated the qualifications of the eONSUL T ANT to perform the WORK herein contemplated and found them satisfactory; and WHEREAS, the eONSUL TANT has examined the scope of the WORK required hereunder and has expressed its desire and willingness to provide such design and professional services and has presented his qualifications to the CRA in support of such expressed desires; and WHEREAS, as a result of the aforementioned, the CRA agrees to enter into this Agreement with the eONSUL T ANT; and WHEREAS, the eRA Board has approved the selection of the eONSUL T ANT to perform such services, and the CONSULTANT agrees to accept employment upon the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the premises and the mutual covenants herein contained, the CRA agrees to employ the eONSUL TANT for an unspecified term commencing on the Effective Date as defined herein, and the eONSUL T ANT agrees to perform all design and professional services in connection with the WORK, as described herein, for the total duration of this Agreement, upon the following terms and conditions; namely: 1. SCOPE OF SERVICES. The CONSULTANT shall provide the following services as necessary and applicable on a continuing or rotating basis at the sole and absolute discretion of the CRA: 1. General Architectural Services - consulting and design services including conceptual, schematic, design development, construction documents, and/or construction administration for public buildings, as well as affordable housing projects and adaptive re-use and restoration of existing buildings with historic character. 2. Landscaoe Architecture - consulting and design services related to conceptual, schematic, design development, construction documents and/or construction administration for landscape and hardscape of public places and spaces in an urban setting including but not necessarily limited to parks, public properties, rights-of- ways and easements. 3. Civil Enoineerino - consulting and design services related to conceptual, schematic, design development, construction documents and/or construction administration 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-ways and easements 4. Traffic Enoineerino - general traffic consulting and/or construction administration as well as conduct various traffic, trip generation, parking and other similar studies for possible future projects, or to evaluate existing conditions and project future need. 5. Marine Enoineerino - design, construction and/or construction administration of improvements to the eRA marina property as well as other marine-related tasks. 2. GENERAL PROVISIONS. 1. The CONSULTANT and CRA will negotiate a mutually agreeable separate agreement including a Scope of Work and/or Notice to Proceed to encompass CONSULTANT'S services on as as-needed basis for each project the CRA desires to use CONSULTANT'S services. Any such separate agreement shall be subject to the limits of Section 287.055, Florida Statutes. 2. The CRA reserves, at all times, the right to perform any and all design and professional services or work with other design professionals. This Agreement does not confer on the CONSULTANT any exclusive rights to CRA 2 work, nor does it obligate the CRA in any manner to guarantee work for the CONSULTANT. The CONSULTANT may submit proposals for any professional services for which proposals may be publicly solicited by the CRA outside of this Agreement. 3. The parties agree that any future agreement for each individual project will incorporate a fee structure, as outlined in the applicable Request for Qualifications, based upon a Lump Sum Fee or an Hourly/Not to Exceed Fee. 4. The CRA agrees that it will furnish to the CONSULTANT plans and other relevant available data in the CRA files pertaining to the work to be performed as soon as possible after execution of each separate agreement and/or issuance of each Notice to Proceed. 5. The CONSULTANT shall assist the CRA to develop a program which shall set forth the CRA's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. 6. The CRA, with the assistance of the CONSULTANT if requested, shall establish an overall budget for each individual project, including the construction cost (the total cost or estimated cost to the CRA of all elements of each project designed or specified by the CONSULTANT), architectural and other sub- professional fees, relocation costs, on- and off-site improvements, the CRA's other costs and reasonable contingencies related to all of the costs. The CONSULTANT shall endeavor to design the necessary improvements within the CRA's budgetary constraints. However, CONSULTANT does not guarantee its design will be within CRA's budgetary constraints. CONSULTANT shall be compensated by CRA for any additional services necessary as agreed to between the parties to perform any re-design services if construction bids exceed CRA's budgetary constraints. Evaluations of the CRA's Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost, if any, prepared by the CONSULTANT, represent the CONSULTANT's best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the CONSULTANT nor the CRA has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the CONSULTANT cannot and does not warrant or represent that bids or negotiated prices will not vary from the CRA's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the CONSULTANT. 7. The CONSULTANT will submit a proposal upon the CRA's request prior to the issuance of an individual project agreement, Scope of Work and/or Notice to Proceed. No payment will be made for the CONSULTANT's time and services in connection with the preparation of any such proposal. 3 4. Special Subcontracting Consultants: For services and reimbursable expenses of special subcontracting consultants employed by the CONSULTANT, CRA shall pay CONSULTANT the amount billed to CONSULTANT. Coordinating fees of the CONSULTANT shall be included in the "Lump Sum Fee." Hourly rate contracts will pay for actual hours spent. If a subconsultant is added after negotiation of a "Lump Sum Fee," a 10% coordinating fee may be added to the subconsultant's fee upon written approval by the CRA. 5. For Reimbursable Expenses: A list of the allowable reimbursable expenses are detailed in Exhibit "A." No payment will be made for items not on the Exhibit. 6. PAYMENT. The CRA will make monthly payments or partial payments to the CONSULTANT for all authorized WORK performed during the previous calendar month within thirty (30) days of submittal of each invoice. The CONSULTANT shall submit invoices to the Executive Director or his/her deisgnee and provide the following information: 1. The amount of the invoices submitted shall be the amount due for all WORK performed to date as certified by the CONSULTANT. 2. The request for payment shall include the following information: a. Total Contract amount. b. Percent of work complete. c. Amount earned. d. Amount previously billed. e. Amount due this invoice. 1. Summary of work done this billing Period. g. Invoices number and date. h. Purchase Order number. 7. OWNERSHIP OF DOCUMENTS All reports and reproducible plans, and other data developed by the CONSULTANT for the purpose of this Agreement shall become the property of the CRA without restriction or limitation in connection with the owners use and occupancy of the project. Reuse of these documents without written agreement from the CONSULTANT shall be at the CRA'S sole risk and without liability and any legal exposure to the CONSULTANT. 8. COURT APPEARANCES, CONFERENCES AND HEARINGS Nothing in this contract shall obligate the CONSULTANT to prepare for or appear in litigation on behalf of the CRA, except in consideration of additional compensation, and except for any dispute arising out of this contract. The amount of such compensation shall be mutually agreed upon receipt of written authorization from the Executive Director prior to performance of a court appearance and conference. 5 9. AUDIT RIGHTS The CRA reserves the right to audit the records of the CONSULTANT related to this Agreement at any time during the execution of the WORK included herein and for a period of one year after final payment is made. 10. SUBLETTING/ASSIGNMENT The CONSULTANT shall not sublet, assign, or transfer any WORK under this Agreement without the prior written consent of the CRA. 11. DEFAULT In the event either party fails to comply with the provisions of this Agreement, the aggrieved party may declare the other party in default and notify such party in writing. In such event, the CONSULTANT will only be compensated for any completed professional services. In the event partial payment has been made for such professional services not completed, the CONSULTANT shall return such sums to the CRA within ten (10) days after notice that said sums are due. 12. INSURANCE AND INDEMNIFICATION The CONSULTANT shall not commence WORK on this Agreement until it has obtained all insurance required under this Agreement and such insurance has been approved by the CRA. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida. The CONSULTANT shall furnish Certificates of Insurance to the CRA's representative. The Certificates shall clearly indicate that the CONSULTANT has obtained Insurance of the type, amount, and classification as required for strict compliance with this Agreement and that no material change or cancellation of the insurance shall be effective without thirty (30) days prior written notice to the CRA's representative. Compliance with the foregoing requirements shall not relieve the CONSULTANT of its liability and obligations under this Agreement. CONSULTANT shall, at its sole expense, agree to maintain in full force and effect at all times during the life of this Agreement, insurance coverages, limits, including endorsements, as described herein. The requirements contained herein, as well as CRA's review or acceptance of insurance maintained by CONSULTANT, are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by CONSULTANT under the contract. By virtue of this Agreement, CRA's indemnification obligations shall not exceed the statutory limits described within Section 768.28, Florida Statutes, and CRA does not otherwise waive its sovereign immunity rights. a. PROFESSIONAL LIABILITY CONSULTANT shall agree to maintain Professional Liability, or equivalent Errors & Omissions Liability at a limit of liability not less than $1,000,000 Per Occurrence. When a self-insured retention (SIR) or deductible exceeds $25,000 the CRA reserves the right, but not the obligation, to review and request a copy 6 of CONSULTANT'S most recent annual report or audited financial statement. For policies written on a "Claims-Made" basis, CONSULTANT warrants the Retroactive Date equals or precedes the effective date of this contract (Certificate of Insurance shall soecifv: Retro date - Full orior acts coveraae aoolies). In the event the policy is canceled, non- renewed, switched to an Occurrence Form, retroactive date advanced; or any other event triggering the right to purchase a Supplemental Extended Reporting Period (SERF) during the life of this Contract, CONSULTANT shall agree to purchase a SERF with a minimum reporting period not less than three (3) years. CONSULTANT shall agree this coverage shall be provided on a primary basis. The Certificate of Insurance must indicate whether coverage is written on an occurrence or claims- made basis and must indicate the amount of any SIR or deductible. b. COMMERCIAL GENERAL LIABILITY. AUTOMOBILE LIABILITY AND WORKERS' COMPENSATION CONSULTANT shall agree to maintain Commercial General Liability at a limit of liability not less than $1,000,000 Each Occurrence. CONSUL T ANT shall agree to maintain Business Automobile Liability at a limit of liability not less than $1,000,000 Each Occurrence for all owned, non-owned and hired automobiles. In the event CONSULTANT does not own any automobiles, the Business Auto Liability requirement shall be amended allowing CONSULTANT to agree to maintain only Hired & Non-Owned Auto Liability. This amended requirement may be satisfied by way of endorsement to the Commercial General Liability, or separate Business Auto coverage form. CONSULTANT shall agree this coverage shall be provided on a primary basis. CONSULTANT shall agree to maintain during the life of this Agreement, Workers' Compensation Insurance and Employer's Liability in accordance with Florida Statute Chapter 440. CONSULTANT shall agree this coverage shall be provided on a primary basis. c. UMBRELLA OR EXCESS LIABILITY If necessary, CONSULTANT may satisfy the minimum limits required above for either Commercial General Liability, Business Auto Liability, and Employer's Liability coverage under Umbrella or Excess Liability. The Umbrella or Excess Liability shall have an Aggregate limit not less than the highest 'Each Occurrence" limit for either Commercial General Liability, Business Auto Liability, or Employer's Liability. The CRA shall be specifically endorsed as an "Additional Insured" on the Umbrella or Excess Liability, unless the Certificate of Insurance notes the Umbrella or Excess Liability provides coverage on a "Follow-Form" basis. d. ADDITIONAL INSURED CONSULTANT shall agree to endorse the CRA as an Additional Insured to the Commercial General Liability. The Additional Insured endorsement shall read "Boynton Beach Community Redevelopment Agency." (Project ). CONSULTANT shall agree the Additional Insured 7 endorsements provide coverage on a primary basis. e. WAIVER OF SUBROGATION CONSULTANT shall agree, by entering into this Contract, to a Waiver of Subrogation for each required policy. When required by the insurer, or should a policy condition not permit an Insured to enter into a pre-loss agreement to waive subrogation without an endorsement, then CONSULTANT shall agree to notify the insurer and request the policy be endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to any policy, which a condition to the policy specifically prohibits such an endorsement, or voids coverage should CONSULTANT enter into such an agreement on a pre-loss basis. f. CERTIFICATE OF INSURANCE Immediately following notification of the award of this Agreement, CONSULTANT shall agree to deliver to the CRA a Certificate(s) of Insurance evidencing that all types and amounts of insurance coverages required by this Agreement have been obtained and are in full force and effect. Such Certificate(s) of Insurance shall include a minimum thirty (30) day endeavor to notify due to cancellation or non-renewal of coverage. g. RIGHT TO REVIEW CRA, by and through its Risk Management Office, in cooperation with the contracting/hiring department, reserves the right to review, modify, reject or accept any required policies of insurance, including limits, coverages, or endorsements, herein from time to time throughout the life of this Contract. CRA reserves the right, but not the obligation, to review and reject any insurer providing coverage because of its poor financial condition or failure to operate legally. The CONSULTANT shall indemnify and save harmless and defend the CRA, its officers, agents, servants, and employees from and against any and all claims, liability, damages, losses, and/or causes of action including reasonable attorneys' fees, to the extent they may arise from any breach of contract or any negligent act, error or omission of the CONSULTANT its officers, employees, agents, sub-consultants or anyone acting their authority and control in the performance of this Contract. The indemnity obligations of this agreement shall not apply to damages or injury to the extent caused by the negligence or willful misconduct of CRA, or its officers, employees, agents, or third parties. 13. CODES. ORDINANCES AND LAWS. The CONSULTANT agrees to abide and be governed by all CRA, County, State and Federal codes, ordinances and laws which may have a bearing on the WORK involved on this project. Unless otherwise provided, this Agreement shall be governed by the law of the principal place of business of the CONSULTANT. 14. HAZARDOUS SUBSTANCES. 8 Services related to determinations involving hazardous substances or conditions, as defined by federal or state law, are limited to those tasks expressly stated in the scope of services to be entered into. In any event, CONSULTANT shall not be a custodian, transporter, handler, arranger, contractor, or remediator with respect to hazardous substances and conditions. CONSULTANT'S services will be limited to professional analysis, recommendations, and reporting, including, when agreed to, plans and specifications for isolation, removal, or remediation. The CONSULTANT shall notify the CRA of hazardous substances or conditions not contemplated in the scope of services of which the CONSULTANT actually becomes aware. Upon such notice by the CONSULTANT, the CONSULTANT will stop affected portions of its services. The parties shall decide if CONSULTANT is to proceed with testing and evaluation and may enter into further agreements as to the additional scope, fee, and terms for such services. 15. 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. 16. MODIFICATION OF AGREEMENT. No alteration, change, or modification of the terms of this Agreement shall he valid unless made in writing and signed by both parties hereto, upon appropriate action by the CRA. 17. MEDIATION. The parties to this Agreement desire to avoid the expense and delay caused by the filing of lawsuits. Therefore, it is agreed that in the event of any dispute or disagreement between the parties that a jointly-selected mediator shall conduct a mediation in an effort to resolve the issue(s) with each party to pay 50% of the mediator's fees. 18. VENUE. In the event any disputes arising out of this Agreement cannot be worked out by mediation, any and all lawsuits shall be filed in the 15th Judicial Circuit Court in and for Palm Beach County, Florida or the Southern District Court of Florida if filed in U.S. Federal Court. 19. ATTORNEY'S FEES AND COSTS. Should it be necessary to bring an action to enforce any of the provisions of this Agreement, reasonable attorney's fees and costs, including those at the appellate level, shall be awarded to the prevailing party. 9 20. COUNTERPARTS. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 21. PRIOR AGREEMENTS. Any prior agreements between the parties that are in conflict with the provisions contained herein are, to the extent of any such conflict, hereby superceded and repealed by this Agreement. 22. NON-DISCRIMINATION. The CONSULTANT warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, sex, age, or national origin. 23. SEVERABILITY. If any term or provision of this Agreement, or the application thereof to any person or circumstance 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. 24. ASSIGNMENT OF SUBCONTRACTORS. The CONSULTANT reserves the right to assign subcontractors with reasonable prior notice to the CRA Executive Director to this project to insure the quality of the job as well as on-time completion. However, the CONSULTANT shall remain responsible for the completion of the terms of this Agreement. 10 25. NOTICE. All notices required in this Agreement shall be considered delivered when received by certified mail, return receipt requested, or personal delivery and if sent to the CRA, shall be mailed to: Lisa A. Bright, CRA Executive Director Boynton Beach Community Redevelopment Agency 639 E. Ocean Ave. Suite 103 Boynton Beach, FL 33435 With a copy to: Kenneth G. Spillias, Esq. Lewis, Longman & Walker, P.A. 1700 Palm Beach Lakes Boulevard, Suite 1000 West Palm Beach, FL 33401 If sent to the CONSULTANT, shall be mailed to: 26. PUBLIC ENTITY CRIMES SWORN STATEMENT. The CONSULTANT, by its execution of this Agreement, acknowledges and attests that neither the CONSULTANT, nor any of its suppliers, subcontractors, or consultants who shall perform work which is intended to benefit the CRA, is a convicted vendor or, if the CONSULTANT or any of its affiliates has been convicted of a public entity crime, a period longer than 36 months has passed since that person was placed on the convicted vendor list. CONSULTANT further understands and accepts that this Agreement shall be either voidable by the CRA or subject to immediate termination by the CRA, either in the event there is any misrepresentation or lack of compliance with the mandates of section 287.133, Florida Statutes. CRA, in the event of such termination, shall not incur any liability to CONSULTANT for any work or materials furnished. 27. EFFECTIVE DATE. This Agreement shall be effective as of the last date it has been executed by all parties. By authority of the CRA Board BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY WITNESS: By: Print Name: Its: Chairperson Date: 11 WITNESS: WITNESS: CONSULTANT By: Print Name: Its: Date: WITNESS: RECOMMEND APPROVAL: APPROVED AS TO FORM & LEGAL SUFFICIENCY: Executive Director CRA Attorney 1:\Client Documents\Boynton Beach CRA\2419-000\Agreements\Continuing Contract - Design & Professional Services Version 2.doc 12 IX. Old Business: C. Approval of General Contracting Contract 30YNTON ../~ [) ! 3~ A C"H L[V~ East Side.....West Side"'" Seaside Rena',ssance AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: June 12,2007 I Consent Agenda I X I Old Business New Business Public Hearing Other SUBJECT: Approval of General Contracting Contract SUMMARY: At the April 2007 CRA Board meeting, the Board selected three firms, Kaufinan Lynn, Hedrick Brothers and Burkhardt Construction, to work on various eRA initiated projects. The firms will work under a continuing contract with the CRA. Attached is the FORM of the continuing contract that each firm will execute. The document was drafted and reviewed by CRA Legal Counsel. The firms will execute additional contracts once specific projects and budgets have been determined. FISCAL IMPACT: none RECOMMENDA TIONS: Approve the continuing contract form for general contracting services. L{;uf) 131 Vivian L. Brooks Planning Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda 'tern Request Forms by Meeting\FY 2006-2007 Board Meetings\07 06 12 CRA Board Meeting - June\General Contract.doc GENERAL CONTRACTING/CONSTRUCTION MANAGEMENT/CONSULTING AGREEMENT THIS IS AN AGREEMENT ("Agreement"), entered into this _day of , between the Boynton Beach Community Redevelopment Agency, hereinafter referred to as "CRA", and , authorized to do business in the State of Florida, hereinafter referred to as the "CONSULTANT." WHEREAS, the eRA issued a Request for Statements of Qualifications on January 28, 2007; and WHEREAS, CONSULTANT timely submitted its response to the Request for Statements of Qualifications; and WHEREAS, the CRA has investigated the qualifications of the CONSUL T ANT to perform the WORK herein contemplated and found them satisfactory; and WHEREAS, the CRA Board selected CONSULTANT, along with two other general contracting/construction management consultants, at its regularly scheduled meeting on March 13, 2007; and WHEREAS, the CRA agrees to retain the eONSUL T ANT for general contracting/construction management services on various CRA projects on an ongoing and/or rotating basis for the time period described herein; and WHEREAS, as a result of the aforementioned, the eRA agrees to enter into this Agreement with the eONSUL TANT; and NOW, THEREFORE, in consideration of the premises and the mutual covenants herein contained, the CRA agrees to employ the eONSUL TANT and the eONSUL T ANT agrees to perform all general contracting and/or construction management services in connection with various eRA projects as needed, for the total duration of this Agreement, and any and all extensions, upon the following terms and conditions; namely: 1. SCOPE OF SERVICES. A The following services may be requested by CRA on a continuing or rotating basis: 1. Cost estimating. 2. Construction analysis. 3. Value engineering. 4. Construction and/or construction management. B., CONSULTANT. may be called upon for general contracting or construction management services for the following types of CRA projects: 1. Upgrades, reconstruction or new construction of undergrounds and/or overhead utilities, including under-groundinQ of existina overhead utilities. 8, The CRA agrees to designate, when necessary, a representative who shall examine the documents submitted by the CONSULTANT and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the CONSULTANTS services. 3. TERMINATION. This Agreement shall operate as a continuing contract until either party terminates this Agreement with or without cause by providing written notice to the other party at least thirty (30) days prior to requested termination date. 4. TIMING OF THE WORK. The services to be rendered by the CONSULTANT for any work shall be commenced upon written Notice to Proceed from the CRA and shall be completed within the time based on reasonable determination, stated in the Notice to Proceed. 5. COMPENSATION. The CONSULTANT agrees to negotiate an "hourly rate" fee or an hourly fee with a "not to exceed" upper limit or a lump sum amount (or a combination of the above) for WORK assigned to CONSULTANT based on the Scope of such WORK. Upon agreement of a fee, the Executive Director of the CRA or his/her designee will issue a written Notice to Proceed to the CONSUL T ANT. The fees for Professional Services for each phase of the WORK shall be determined by one of the following methods or a combination thereof, as mutually agreed upon by the CRA and the CONSULTANT and incorporated into the individual project Agreement and/or Notice to Proceed. 1. Hourly Rate Fee: The CRA agrees to pay, and the CONSULTANT agrees to accept, for the services rendered pursuant to this Agreement a fee based on direct labor costs times a factor of 3.0. (The CRA will issue a purchase order for the work which will contain an estimate of total fees. Increases to original purchase orders or new purchase orders will be D. The CRA agrees that it will furnish to the CONSULTANT plans and other relevant available data in the CRA files pertaining to the work to be performed as soon as possible after issuance of each Notice to Proceed. E. The CONSULTANT will submit a proposal upon the CRA's request prior to the issuance of a Scope of Work and/or Notice to Proceed. No payment will be made for the CONSULTANT's time and services in connection with the preparation of any such proposal. Fees for pre-construction and construction services shall be negotiated separately for each project. F. The CRA agrees to designate, when necessary, a representative who shall examine the documents submitted by the CONSULTANT and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the CONSULTANTS services. 3. TERM AND TERMINATION. The term of this Agreement shall commence upon the Effective Date of this Agreement and shall be for one (1) year and shall automatically renew for four (4) additional one (1) year terms unless either party provides written notice of its desire not to extend the applicable term at least thirty (30) days prior to the expiration date. 4. TIMING OF THE WORK. The services to be rendered by the CONSULTANT for any work shall be commenced upon written Notice to Proceed from the CRA and shall be completed within the time based on reasonable determination, stated in the Notice to Proceed. 5. COMPENSATION. The CONSULTANT agrees to negotiate a lump sum fee (when a scope of services can be clearly outlined and the level of effort and cost of the work for those services can be determined, and must include all wages, benefits, overhead, profit, subconsultant fees, and expenses for the WORK and will not be increased unless there is a change in the Scope of Work), an hourly/not-to-exceed fee (when a scope of services cannot be clearly defined in terms of level of effort and cost of work or a defined scope of services cannot be precisely defined, subject to the requirement 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 and it is within the CRA's sole and absolute discretion as to whether to continue CONSULTANT'S services or terminate the services), or a combination of the two. Upon agreement of a fee, the Executive Director of the CRA or his or her designee will issue a written Notice to Proceed to the CONSULTANT. 6. PAYMENT. The CRA will make monthly payments or partial payments to the CONSULTANT for all authorized WORK performed during the previous calendar month within thirty (30) days of submittal of each invoice. The CONSULTANT shall submit invoices to the Executive Director or his or her designee and provide the following information: 1. The amount of the invoices submitted shall be the amount due for all WORK performed to date as certified by the CONSULTANT. 2. The request for payment shall include the following information: a. Total Contract amount. b. Percent of work complete. c. Amount earned. d. Amount previously billed. e. Amount due this invoice. 1. Summary of work done this billing Period. g. Invoices number and date. h. Purchase Order number. 7. OWNERSHIP OF DOCUMENTS All reports and reproducible plans, and other data developed by the CONSULTANT for the purpose of this Agreement shall become the property of the CRA without restriction or limitation in connection with the owners use and occupancy of the project. Reuse of these documents without written agreement from the CONSULTANT shall be at the CRA'S sole risk and without liability and any legal exposure to the CONSULTANT. 8. COURT APPEARANCES, CONFERENCES AND HEARINGS Nothing in this contract shall obligate the CONSULTANT to prepare for or appear in litigation on behalf of the CRA, except in consideration of additional compensation, and except for any dispute arising out of this contract. The amount of such compensation shall be mutually agreed upon receipt of written authorization from the Executive Director prior to performance of a court appearance and conference. The CONSULTANT shall confer with the CRA at any time during construction of the improvements herein contemplated as to interpretation of plans, correction of errors and omissions and preparation of any necessary plan thereof to correct such errors and omissions or clarify without added compensation. 9. AUDIT RIGHTS The CRA reserves the right to audit the records of the CONSULTANT related to this Agreement at any time during the execution of the WORK included herein and for a period of one year after final payment is made. 10. SUBLETTINGI ASSIGNING The CONSULTANT shall not sublet, assign, or transfer any WORK under this Agreement without the prior written consent of the CRA. 11. DEFAULT In the event either party fails to comply with the provisions of this Agreement, the aggrieved party may declare the other party in default and notify such party in writing, providing a reasonable time to cure the default but no less than seven (7) days unless it is an emergency situation. In the event the default is not timely cured, the Agreement may be terminated and the CONSULTANT will only be compensated for any professional services actually performed. In the event partial payment has been made for such professional services not performed, the CONSULTANT shall return such sums to the CRA within ten (10) days after notice that said sums are due. 12. INSURANCE AND INDEMNIFICATION The CONSULTANT shall not commence WORK on this Agreement until it has obtained all insurance required under this Agreement and such insurance has been approved by the CRA. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida. The CONSULTANT shall furnish Certificates of Insurance to the CRA's representative. The Certificates shall clearly indicate that the CONSULTANT has obtained Insurance of the type, amount, and classification as required for strict compliance with this Agreement and that no material change or cancellation of the insurance shall be effective without thirty (30) days prior written notice to the CRA's representative. Compliance with the foregoing requirements shall not relieve the CONSULTANT of its liability and obligations under this Agreement. CONSULTANT shall, at its sole expense, agree to maintain in full force and effect at all times during the life of this Contract, insurance coverages, limits, including endorsements, as described herein. The requirements contained herein, as well as CRA's review or acceptance of insurance maintained by CONSULTANT, are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by CONSULTANT under the contract. By virtue of this Agreement, CRA's indemnification obligations shall not exceed the statutory limits described within Section 768.28, Florida Statutes, and CRA does not otherwise waive its sovereign immunity rights. A. PROFESSIONAL LIABILITY CONSULTANT shall agree to maintain Professional Liability, or equivalent Errors & Omissions Liability at a limit of liability not less than $1,000,000 Per Occurrence. When a self-insured retention (SIR) or deductible exceeds $25,000 the CRA reserves the right, but not the obligation, to review and request a copy of CONSULTANT'S most recent annual report or audited financial statement. For policies written on a "Claims-Made" basis, CONSULTANT warrants the Retroactive Date equals or precedes the effective date of this contract (Certificate of Insurance shall soecifv; Retro date - Full orior acts coveraae aoolies). In the event the policy is canceled, non- renewed, switched to an Occurrence Form, retroactive date advanced; or any other event triggering the right to purchase a Supplemental Extended Reporting Period (SERF) during the life of this Contract, CONSULTANT shall agree to purchase a SERF with a minimum reporting period not less than three (3) years. CONSULTANT shall agree this coverage shall be provided on a primary basis. The Certificate of Insurance must indicate whether coverage is written on an occurrence or c1aims- made basis and must indicate the amount of any SIR or deductible. B. COMMERCIAL GENERAL LIABILITY. AUTOMOBILE LIABILITY AND WORKERS' COMPENSATION CONSULTANT shall agree to maintain Commercial General Liability at a limit of liability not less than $1,000,000 Each Occurrence. CONSULTANT shall agree to maintain Business Automobile Liability at a limit of liability not less than $1,000,000 Each Occurrence for all owned, non-owned and hired automobiles. In the event CONSULTANT does not own any automobiles, the Business Auto Liability requirement shall be amended allowing CONSULTANT to agree to maintain only Hired & Non-Owned Auto Liability. This amended requirement may be satisfied by way of endorsement to the Commercial General Liability, or separate Business Auto coverage form. CONSULTANT shall agree this coverage shall be provided on a primary basis. CONSULTANT shall agree to maintain during the life of this Agreement, Workers' Compensation Insurance and Employer's Liability in accordance with Florida Statute Chapter 440. CONSULTANT shall agree this coverage shall be provided on a primary basis. C. UMBRELLA OR EXCESS LIABILITY If necessary, CONSULTANT may satisfy the minimum limits required above for either Commercial General Liability, Business Auto Liability, and Employer's Liability coverage under Umbrella or Excess Liability. The Umbrella or Excess Liability shall have an Aggregate limit not less than the highest 'Each Occurrence" limit for either Commercial General Liability, Business Auto Liability, or Employer's Liability. The CRA shall be specifically endorsed as an "Additional Insured" on the Umbrella or Excess Liability, unless the Certificate of Insurance notes the Umbrella or Excess Liability provides coverage on a "Follow-Form" basis. D. ADDITIONAL INSURED CONSUL T ANT shall agree to endorse the CRA as an Additional Insured to the Commercial General Liability. The Additional Insured endorsement shall read "Boynton Beach Community Redevelopment Agency." (Project ). CONSULTANT shall agree the Additional Insured endorsements provide coverage on a primary basis. E. WAIVER OF SUBROGATION CONSULTANT shall agree, by entering into this Contract, to a Waiver of Subrogation for each required policy. When required by the insurer, or should a policy condition not permit an Insured to enter into a pre-loss agreemE;lnt to waive subrogation without an endorsement, then CONSULTANT shall agree to notify the insurer and request the policy be endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to any policy, which a condition to the policy specifically prohibits such an endorsement, or voids coverage should CONSUL T ANT enter into such an agreement on a pre-loss basis. F. CERTIFICATE OF INSURANCE Immediately following the Effective Date of this Agreement, CONSULTANT shall agree to deliver to the CRA a Certificate( s) of Insurance evidencing that all types and amounts of insurance coverages required by this Agreement have been obtained and are in full force and effect. Such Certificate(s) of Insurance shall include a minimum thirty (30) day endeavor to notify due to cancellation or non- renewal of coverage. G. RIGHT TO REVIEW CRA reserves the right to review, modify, reject or accept any required policies of insurance, including limits, coverages, or endorsements, herein from time to time throughout the life of this Contract. CRA reserves the right, but not the obligation, to review and reject any insurer providing coverage because of its poor financial condition or failure to operate legally. H. INDEMNIFICATION The CONSULTANT shall indemnify and save harmless and defend the CRA, its officers, agents, servants, and employees from and against any and all claims, liability, damages, losses, and/or causes of action including reasonable attorneys' fees, which may arise from any breach of contract or any negligent act, error or omission of the CONSULTANT its officers, employees, agents, sub- consultants or anyone acting pursuant to their authority and control in the performance of this Contract. The indemnity obligations of this Agreement shall not apply to damages or injury to the extent caused by the negligence or willful misconduct of CRA, or its officers, employees, agents, or third parties or anyone acting pursuant to their authority and control. However, any indemnification obligation of the CRA shall not exceed the statutory limits described within Section 768.28, Florida Statutes, and CRA does not otherwise waive its sovereign immunity rights. 13. CODES, ORDINANCES AND LAWS. The CONSULTANT agrees to abide and be governed by all CRA, County, State and Federal codes, ordinances and laws which may have a bearing on the WORK involved on this project. Unless otherwise provided, this Agreement shall be governed by the law of the principal place of business of the CONSULTANT. 14. 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. 15. MODIFICATION OF AGREEMENT. No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by both parties hereto, upon appropriate action by the CRA. 16. MEDIATION. The parties to this Agreement desire to avoid the expense and delay caused by the filing of lawsuits. Therefore, it is agreed that in the event of any dispute or disagreement between the parties that a jointly-selected mediator shall conduct a mediation prior to the filing of a lawsuit in an effort to resolve the issue(s) with each party to pay 50% of the mediator's fees. 17. VENUE. In the event any disputes arising out of this Agreement cannot be worked out by mediation, any and all lawsuits shall be filed in the 15th Judicial Circuit Court in and for Palm Beach County, Florida or the Southern District Court of Florida if filed in U.S. Federal Court. 18. ATTORNEY'S FEES AND COSTS. Should it be necessary to bring an action to enforce any of the provisions of this Agreement, reasonable attorney's fees and costs, including those at the appellate level, shall be awarded to the prevailing party. 19. COUNTERPARTS. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 20. PRIOR AGREEMENTS. Any prior agreements between the parties that are in conflict with the provisions contained herein are, to the extent of any such conflict, hereby superseded and repealed by this Agreement. 21. NON-DISCRIMINATION. The CONSULTANT warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, sex, age, or national origin. 22. SEVERABILITY. If any term or provision of this Agreement, or the application thereof to any person or circumstance 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. 23. ASSIGNMENT OF SUBCONTRACTORS. The CONSULTANT reserves the right to assign subcontractors with reasonable prior notice to the CRA Executive Director to this project to insure the quality of the job as well as on-time completion. However, the CONSULTANT shall remain responsible for the completion of the terms of this Agreement. 24. NOTICE. All notices required in this Agreement shall be considered delivered when received by certified mail, return receipt requested, or personal delivery and if sent to the CRA, shall be mailed to: Lisa A. Bright, CRA Executive Director Boynton Beach Community Redevelopment Agency 639 E. Ocean Ave. Suite 103 Boynton Beach, FL 33435 With a copy to: Kenneth G. Spillias, Esq. Lewis, Longman & Walker, P.A. 1700 Palm Beach Lakes Boulevard, Suite 1000 West Palm Beach, FL 33401 If sent to the CONSULTANT, shall be mailed to: 25. PUBLIC ENTITY CRIMES SWORN STATEMENT. The CONSULTANT, by its execution of this Agreement, acknowledges and attests that neither the CONSULTANT, nor any of its suppliers, subcontractors, or consultants who shall perform work which is intended to benefit the CRA, is a convicted vendor or, if the CONSULTANT or any of its affiliates has been convicted of a public entity crime, a period longer than 36 months has passed since that person was placed on the convicted vendor list. CONSULTANT further understands and accepts that this Agreement shall be either voidable by the CRA or subject to immediate termination by the CRA, either in the event there is any misrepresentation or lack of compliance with the mandates of section 287.133, Florida Statutes. CRA, in the event of such termination, shall not incur any liability to CONSULTANT for any work or materials furnished. 26. EFFECTIVE DATE. This Agreement shall be effective as of the last date it has been executed by all parties. By authority of the CRA Board BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY WITNESS: By: Its: Date: WITNESS: WITNESS: CONSULTANT WITNESS: By: Its: Date: RECOMMEND APPROVAL: APPROVED AS TO FORM & LEGAL SUFFICIENCY: Executive Director CRA Attorney 1:\Client Documents\Boynton Beach CRA \24 19-000\Agreements\GENERAL CONTRACTING CONTINUING CONTRACT FORM_doc IX. Old Business: D. Old High School Update _~v 1-,,: I~'~. '~\'~;.'~;i ;-r"~::"'- l':-' --'<1 ""', ~qY~T8~ICRA East Side.....West S.'de.....Seaside Renaissance BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: June 12, 2006 I Consent Agenda I Old Business New Business Public Hearing Other SUBJECT: Old High School SUMMARY: In January of2005, the Old High School on Ocean Avenue was being considered for demolition by the City Commission. At the same time, results of a "Town Square" concept plan were introduced by the planning team of 0' Gorman & Budano. The Town Square concept included embracing the Old High School as part of a larger redevelopment footprint identifying Ocean Avenue as a pedestrian district. The former CRA Director approached the City Commission with a vision to save the Old High School from demolition by securing $4.5 million in Historic Preservation grants. In support of this injtiative, the City and CRA executed an Interlocal Agreement (see attached) in Spring of2005. On or about August 2005, a timeline for renovation was suggested by the former director and financial responsibility of approximately $30,000 a year for operations and maintenance has transferred to the CRA. In Spring 2007, the City provided the deed to the CRA for the old school. In January of2006, the CRA embarked on a path to find an entity with the capital to renovate the Old High School with a cultural component. The CRA Board appointed Vice Chair Henderson Tillman as the point person to oversee staff efforts in executing a nationwide RFP. The RFP was issued with two respondents presenting and on August 8, 2006 the CRA Board selected Five Towns College to be the entity to negotiate an agreement for building usage. In February 2007, the negotiations with Five Towns College failed to execute due to the extreme damage to the facility, thus creating it financially infeasible. Since that time the CRA Board directed staff to entertain discussions with interested parties with funding capabilities. Moreover, the CRA Board encouraged staff to include the building as part of the design charrettes for the Downtown Master Planning process as part of some larger overall development. The Board's direction to include the old school in the Downtown Master planning process is key since the location is our strategic west end anchor for the Ocean A venue pedestrian corridor. Redevelopment of the old school site has always been hampered by the lack of public parking and the need for the City T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board Meetings\07 0612 CRA Board Meeting - June\Old High School.doc ~-~~Y~T8~rc:RA iIIi East Side-West Side-Seaside Rena'lSsanee BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT to relocate its Code Enforcement Department off the Old High School property to effectuate pedestrian access from Seacrest Blvd. as well as Ocean Avenue. At the May 19th City Commission meeting, under the direction of Vice Mayor Rodriguez, staff was asked to address the CRA Board's past actions and future plans. The aforementioned was presented to the Commission. Vice Mayor Rodriguez is desirous of improving the image of Boynton and is dismayed about the unsightly visual that the school presents to the public. As such, he has requested that at the July 3rd City Commission meeting CRA staff present an analysis of interested parties or a specific plan to the Commission. The goal being that the City Commission can rescind the Interlocal Agreement between the City and the CRA so that the City can take appropriate action on the building. FISCAL IMPACT: none RECOMMENDATIONS: Provide staff direction on the Old High School. + Lisa Bright, Executive Director T:\AGENDAS, CONSENT AGENDAS, MONTHL Y REPORTS\Completed Agenda 'tern Request Forms by Meeting\FY 2006-2007 Board Meetings\07 0612 CRA Board Meeting - June\Old High School.doc AGREEMENT BETWEEN CITY OF BOYNTON BEACH ("CITY") AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY ("CRA") This Agreement (hereinafter "Agreement") is made the , day of 2005, between the CITY OF BOYNTON BEACH, a municipality located in Palm Beach County, Florida (hereinafter "CITY") and BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III, of the Florida Statutes (hereafter "CRA"), each one constituting a public agency as defined in Part I of Chapter 163, Florida Statutes. RECITALS WHEREAS, Section 163.380, Florida Statutes, authorizes the City to transfer real property or any interest therein acquired by it for community redevelopment in a community redevelopment area, as it deems necessary or desirable to assist in preventing the development or spread of future slums or blighted areas or to otherwise carry out the purposes of Section 163, Florida Statutes; and WHEREAS, on March 1,2005, the CITY Commission voted 4-1 to approve the restoration of the Old High School ("School") and to authorize the CRA to return to the CITY Commission with the formal documents by April 5, 2005; and WHEREAS, the City has determined that it is in the public interest to transfer the School to the CRA for the prevention of the development or spread of future slums or blighted areas; and WHEREAS, the CRA will take sole ownership and control of the School and will be solely responsible for the maintenance, adaptive re-use, insurance, leasing and redevelopment of the School. T:\DEVELOPMENT\Old High School\Revised Old high schoql transfer of ownership agreement revised 9-23-05.doc NOW, THEREFORE, it is agreed and understood by and between the parties hereto as follows: SECTION ONE - TRANSFER OF OWNERSHIP 1.1 The City will execute a special warranty deed, attached hereto as Exhibit A, in favor of the CRA within 30 days of the execution of this Agreement. 1.2 The special warranty deed will transfer in fee simple all rights, title and ownership in the School to the CRA subject to a reversionary interest in favor of the City. The reversionary interest shall provide for automatic reversion of the property to the City on written notice that any condition subsequent set forth in this Agreement has not occurred. 1.3 If CRA is no longer willing or able to comply with the requirements as set forth within this Agreement, CRA will notify City in writing, and City will exercise its right to automatic reversion within 30 days of receipt of written notice. If the City chooses not to exercise its right to automatic reversion, the School, including the grounds, become the property of the CRA free and clear of any obligations within this Agreement. SECTION TWO - DEFINITION OF SCHOOL 2.1 The Old High School ("School") property will include the building at the building's footprint only. The City will provide ingress and egress across City property to the School. T:\DEVELOPMENT\Old High School\Revised Old high scho2 transfer of ownership agreement revised 9-23-05_doc SECTION THREE - CONSIDERATION 3.1 The City will transfer ownership of the School to the CRA for the amount of $10.00 and other valuable consideration as set forth herein. SECTION FOUR - CONTROL 4. I After the transfer of ownership from the City to the CRA, the CRA will be solely responsible for maintaining, controlling, adaptive re-use, leasing, insuring, redeveloping and adapting the School to its future uses. The CRA shall create A Building's Use Allocation Plan and Restoration Phasing Plan (the "Plan"), including a parking element addressing the provision of necessary parking for operation of the adaptive re-use of the School, which shall be contained in a Master Project Plan that shall be presented to the City Commission for approval. The Plan shall be submitted to the City for approval no later than 90 days from the effective date of this Agreement (Condition Subsequent #1). The Plan shall include Proposed Partnership Agreements with the Cultural Board and / or other primary users. Subsequent proposed amendments to the Plan must be presented to the City Commission for approval. SECTION FIVE PHASING PLAN FOR RESTORATION AND REDEVELOPMENT OF THE SCHOOL 5.1 The School will be adaptively re-used and redeveloped in accordance with the Secretary of Interior's Historic Presentation Standards (36 CFR 68) and as defined in the CRA Project Plan. The School will be placed in usage in sections or phases to allow for initial operations to begin as quickly as possible. SECTION SIX - RESPONSIBILITIES OF THE CRA T:\DEVELOPMENT\Old High School\Revised Old high scho9 transfer of ownership agreement revised 9-23-05_doc 6. I The CRA shall maintain the School's interior and exterior in an acceptable, clean, safe and neat manner. The grounds of the School will be maintained by the City unless improvements to the grounds are made by the CRA, and in that case, the CRA will maintain those particular improvements on the grounds, unless otherwise agreed to by the parties. 6.2 The CRA shall begin Phase I adaptive re-use no later than nine (9) months after Plan approval (Condition Subsequent #2). SECTION SEVEN - FUNDING 7.1 The CRA will raise and/or budget $50,000 during the fiscal year during which this Agreement is executed (Condition Subsequent #3). The purpose of these funds will be; a. Acquire building and site from City. b. Develop partnership agreements with other entities and establish a Project Team to guide the project completion. c. Develop and manage a Request for Qualifications to secure a Restoration Architect and other needed specialists. d. Develop a Project Plan defining the building use layout, space allocation, phasinglbudgeting and adaptive re-use construction phasing schedule. e. Submit Project Plan for City Commission approval. f. Execute a grant funding strategy and complete funding requests. g. Bid adaptive re-use construction. h. Phase I Renovation and adaptive re-use commences. T:\DEVELOPMENT\Old High School\Revised Old high scho~ transfer of ownership agreement revised 9-23-05.doc 7.2 The CRA will raIse and/or budget $700,000 during fiscal year 2005-2006 (Condition Subsequent #4). 7.3 The CRA will raise and/or budget $1,250,000 in fiscal year 2006-2007 (Condition Subsequent #5). 7.4 The CRA will not rely upon the City for funding for the School project. 7.5 This Agreement shall not be viewed as a commitment to budget funds beyond the current budget year, but failure to budget shall be grounds for reverter to the City. SECTION EIGHT - REPORTING REQUIREMENTS 8.1 As a condition of the transfer of ownership of the School to the CRA, the CRA will be required to prepare and submit semi-annual reports to the City, beginning six (6) months from the effective date of this Agreement (Condition Subsequent #6). 8.2 The semi-annual reports will be submitted by the Director of the CRA to the Mayor and Commission of the City, and will contain all pertinent information with regard to the status of the adaptive re-use and redevelopment of the School, including but not limited to: financial reports, restoration status, leasing status, and redevelopment status. SECTION NINE - REVERTER 9.1 If the CRA fails to meet these deadlines as set forth above, upon written notice, the School will automatically revert back to the City, unless the CRA and the City agree in writing to amend this Agreement and extend the deadlines for an amount of time at least equal to the delays caused by extenuating circumstances. If the CRA fails to meet its goals of maintenance, restoration and redevelopment of the School in the time frames set T:\DEVELOPMENT\Old High School\Revised Old high scho~ transfer of ownership agreement revised 9-23-05_doc forth herein, and no agreement for extension is reached, the property will revert to the City upon written notice. With a copy to: SECTION TEN - NOTICES 10.1 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 (l) day after delivery 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 subsection. If the CITY: City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425 Attention: Kurt Bressner, City Manager James A. Cherof, City Attorney 3099 East Commercial Boulevard If the CRA: Suite 200 Fort Lauderdale, Florida 33308 Boynton Beach Community Redevelopment Agency 639 E. Ocean Avenue, Suite 107 Boynton Beach, Florida 33435 Attention: Douglas C. Hutchinson, Director Kenneth G. Spillias, Esquire Lewis, Longman & Walker, P.A. With a copy to: T:\DEVELOPMENT\Old High School\Revised Old high scho~ transfer of ownership agreement revised 9-23-05.doc 1700 Palm Beach Lakes Boulevard, Suite 1000 West Palm Beach, Florida 33401 SECTION ELEVEN - APPLICABLE LAW 11.1 This Agreement shall be construed in accordance with the laws of the State of Florida. SECTION TWELVE - VENUE 12.1 Each of the parties hereto are authorized to enforce the terms of this Agreement in a court of law in Palm Beach County, Florida, and may seek all remedies available at law and in equity. The prevailing party in such litigation shall be entitled to reasonable costs and attorneys' fees, including fees incurred through any appeals. SECTION THIRTEEN - VALIDITY 13.1 In the event anyone or more of the provisions contained in this Agreement is for any reason held invalid, illegal or unenforceable in any respect, such invalidity or illegality or unenforceability will not affect any other provision hereof and this Agreement will be construed as if the invalid, illegal or unenforceable provision had never been contained herein. SECTION FOURTEEN - ENTIRE AGREEMENT 14.1 This Agreement constitutes the entire understanding of the parties and any previous agreements, whether written or oral, are superseded by this Agreement. Any amendment of this Agreement must be reduced to writing and executed with the same formality by both parties. SECTION FIFTEEN - RECORDATION T:\DEVELOPMENT\Old High School\Revised Old high schoOl transfer of ownership agreement revised 9-23-05.doc 15.1 This Agreement shall be recorded in the Public Records of Palm Beach County, Florida. SECTION SIXTEEN - INDEMNIFICATION AND INSURANCE 16.1 Without waiver of limitation as per Section 768.28(5), Florida Statutes, and to the extent permitted by law, the CITY and the CRA agree to indemnify and hold harmless the each other from any claims, losses, demand, cause of action or liability of whatsoever kind or nature that the CRA or the CITY, or either parties' agents or employees mayor could incur as a result of or emanating out of the terms and conditions contained in this Agreement, that result from eRA's or CITY's or any contractor'(s)negligence or willful conduct (or that of their respective agents or employees) or from breach of this Agreement. 16.2 CRA shall maintain at its own cost and expense all insurance policies providing coverage to the Property. However, CRA shall be responsible for obtaining the following identified insurance and showing City as an additional insured: Certificates of Insurance reflecting evidence of the required insurance shall be filed with the City's Risk Manager prior to the commencement of this Agreement. These Certificates shall contain a provision that coverages afforded under these policies will not be cancelled until at least forty-five days (45) prior written notice has been given to the CITY. Policies shall be issued by companies authorized to do business pursuant to the laws of the State of Florida. Financial Ratings must be not less than "A-VI" in the latest edition of "Best Key Rating Guide", published by A.M. Best Guide. Insurance shall be in force until the obligations required to be fulfilled under the terms of this Agreement are satisfied. In the event the insurance certificate T:\DEVELOPMENT\Old High School\Revised Old high scho~ transfer of ownership agreement revised 9-23-05.doc provided indicates that the insurance shall terminate and lapse during the period of this Agreement, then CRA shall furnish to City, at least thirty (30) days prior to the expiration of the date of such insurance, a renewed certificate of insurance as proof that equal and like coverage for the balance of the period of the contract and extension thereunder is in effect. The CRA shall not utilize the Property pursuant to this contract unless all required insurance remains in full force and effect. Commercial General Liability insurance to cover liability bodily injury and property damage. Exposures to be covered are: Property, operations, products/completed operations, and certain contracts. Coverage must be written on an occurrence basis, with the following limits of liability: $1,000,000 $1,000,000 $1,000,000 $1,000,000 Combined Single Li111it -each occurrence Combined Single Limit - general aggregate Personal Injury Products/Completed Operations Aggregate CRA shall be responsible to maintain any and all insurance necessary in an amount adequate to cover the cost of replacement of all improvements, fixtures and contents in the Property in the event of a property loss (Condition Subsequent #7). SECTION SEVENTEEN - REMEDIES 17.1 This Agreement shall be construed by and governed by the laws of the State of Florida. Any and all legal actions necessary to enforce the Agreement will be conducted 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 hereinunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of T:\DEVELOPMENT\Old High School\Revised Old high scho~ transfer of ownership agreement revised 9-23-05.doc any right, power or remedy hereinunder shall preclude any other or further exercise thereof. SECTION EIGHTEEN - INTERPRET A TION 18.1 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 for one of the parties. SECTION NINETEEN - BINDING AUTHORITY 19.1 Each party hereby represents and warrants to the other that each party executing this Agreement on behalf of the CITY and CRA or any representative in that capacity, as applicable, 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 this Agreement. SECTION TWENTY - EFFECTIVE DATE 20.1 This Agreement shall become effective on the date last signed by the parties. SECTION TWENTY-ONE - ANNUAL BUDGET APPROPRiATIONS 21.1 The CRA's obligations under this Agreement are contingent upon annual appropriation. T:\DEVELOPMENT\Old High School\Revised Old high schop(1ransfer of ownership agreement revised 9-23-05.doc THE PARTIES HERETO have signed this Agreement as of the Effective Date. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY CITY OF BOYNTON BEACH By: Jerry Taylor, Mayor By: Jeanne Heavilin, Chair ATTEST: By: Town Clerk APPROVED AS TO FORM AND LEGAL APPROVED AS TO FORM AND LEGAL SUFFICIENCTY SUFFICIENCY: By: Kenneth G. Spillias, Esq. CRA Attorney By: James Cherof, Esq. City Attorney 1:\Client Documents\Boynton Beach CRA \2419-000\Misc\Agreements\Revised Old high school transfer of ownership agreemenLdoc T:\DEVELOPMENT\Old High School\Revised Old high schop~transfer of ownership agreement revised 9-23-05.doc IX. Old Business: E. Presentation of TCRP Financial Feasibility Study of Seacrest Village ~qY~T8~ eRA East Side.....West S.lde.....Seaside Renaissance BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: June 12,2007 I I Consent Agenda I Old Business I X I New Business Public Hearing Other SUBJECT: Treasure Coast Regional Planning Council (TCRPC) Presentation SUMMARY: The CRA Board contracted with TCPRC to provide a comprehensive market analysis of the Heart of Boynton area in light of significant changes impacting the real estate market. At the May 8th CRA Board Meeting, TCRPC representatives delivered a presentation of current real estate market conditions, district wide project updates, demographic changes and an overall analysis of expected market absorption of residential units either existing or planned. The presentation on June 12th is a financial feasibility analysis of the Seacrest Village proposal by InTown Partners. TCRPC representatives made four dates available to meet with either the principals of InTown Partners and/or team members. At the time of board packet reproduction, InTown Partners had not made any representative available to meet with TCRPC. TCRPC has set aside Monday, June 11 th with CRA staff as a final review of the financial feasibility study and recommended development program with or without InTown representatives present. TCPRC will present the findings of the study and program recommendations at the CRA Board Meeting on June lib. FISCAL IMPACT: None. RECOMMENDATIONS: None. c~. T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board Meetings\07 06 12 CRA Board Meeting - June\Treasure Coast Presentation.doc Page 1 of 1 Bright, Lisa From: Kim Delaney [kdelaney@tcrpc.org] Sent: Friday, June 01, 2007 3:46 PM To: Lavash, W Thomas; Bright, Lisa; Brooks, Vivian Cc: Marcela Camblor; 'Daniel Cary' Subject: rescheduling of Heart of Boynton fin-Town design session As you likely are aware given today's earlier emails, the Heart of BoyntonfSeacrest Village design session for June 4 & 5 has been cancelled due to the inability of In-Town representatives to participate. Accordingly, we've tentatively reserved the dates of June 11 & 12 for a review of the financial feasibility study & recommended development program, along with a design discussion with In-Town if available. At a minimum, I'd like to meet with CRA staff Monday, June 11 in the afternoon to discuss the numbers, regardless of In-Town's availability. We are scheduled to present the findings of the study & program recommendations at the CRA meeting on June 12. Given the schedule, the CRA presentation will focus on the financial aspects with a generalized set of design recommendations (e.g., density, height, mix of uses). I'll keep you posted as to more specific times & locations once they become available. -- Kim. KIM DELANEY, PH.D. GROWTH MANAGEMENT COORDINATOR TREASURE COAST REGIONAL PLANNING COUNCIL 301 EAST OCEAN BLVD" SUITE 300 STUART, FL 34994 PHONE: (772) 221-4060 FNC (772) 221-4067 EMAIL: KDELANEY@TCRPC.ORG ,_~~~~........"r~ T'''~ R ~ \i\~~t~;, ~if'" Irf~~.!~' .~ 06/04/2007 x. New Business: A. Consideration of Funding to the Health and Safety Fair/Talent Showcase ~qY~T8~ eRA East Side.....West Side.....Seaside Rena'lssance BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: June 12,2007 AGENDA ITEM: I Consent Agenda Old Business I X I New Business Public Hearing Other SUBJECT: Consideration to Provide Funding for the Health and Safety Fair/Talent Showcase SUMMARY: The Comprehensive Aids Program has requested a $500.00 donation toward the Health and Safety Fair/Talent Showcase to be held on June 16, 2007 at the Bible Church of God in Christ. The monies are to be utilized for prevention brochures and pamphlets directly impacting residents within the Heart of Boynton community. The Comprehensive Aids Program strives to provide and promote education, advocacy, and compassion to any and all individuals infected and affected by HN and AIDS in the Palm Beach County. FISCAL IMPACT: $500.00 from General Fund line item 51010-203. RECOMMENDA TIONS: Approve the funding request for the Health & Safety Fair/Talent Showcase. ~a C. &(~t~ Isa Bnght Executive Director · T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda 'tern Request Forms by Meeting\FY 2006-2007 Board Meetings\07 06 12 CRA Board Meeting - June\Funding for Embrace Yourself Health Fair.doc CA.P :...(~+' ( 2 2 West Atlantic Ave. D lray Beach., F133445 D te: May 21,2007 H llo Members of Boynton Beach Community Redevelopment Resource Center of, This is a request for you to participate and provide up to $500.00 for food and b erage assistance, prevention, and brochures, pamphlets. Please bring your family and nds to a Health and Safety Fair !Talent Showcase to be held on; Date: June 16, 2007 What: Embrace Yourself Health Fair Location: Bible Church of God in Christ 1390 North Seacrest Blvd. Boynton Beach, FL 33435 Time: lO;OOa_m.-2:00p_m need you ifcan sing, act, praise dance. Come one, Come aU let's have fun get a h lth check~up and Praise the Lord. T ere will be mobile units on site for mammogram screening and Pap smear test, Blood p ssure screening, blood sugar testing and HIV/AIDS testing_ Free to all vendors. ou are interested in being a vendor contact: Sharon Hollis At: 561-577-3612 cell phone 561-274-6400 x26 work you are interested in being apart of the talent show contact: Sister Ophelia White At: 561-736-2092 Contact: Melinda Banks @561-792-6251 S aron Hollis mmunity Mobilization Specialist 5 1-274-6400 x26 GOO;'S I ~ 41 ~ " ')IiPARThlENT If REVENUE II Con~umerls ~~rtificat~ of ~empijo" II Issued Pursuant to Chapter 212. Florida Statutes DR-14 R.04IQ5 06/15/06 umber 07/0112006 EffeCllve OIilt(J 07/31/2011 Expiration Date This certifies eHENSIVE AIDS PROGRAM OF EACH COUNTY INe 2330 CONGRESS AVE VVEST PALM BEACH Fl 33406-7886 purchased or ranted. or services 'purchased. " DEPARTMENT OF REVENUE ft ~ Important Information for Exempt Organizations DR.14 ,R, 04105 1. You m st provide all v~ndors and suppliers with an exemption certificate before making tax-exempt purchases. SellR Ie 12A~"'.038. FIQri~aAdminl~~!Code (FAC~,. ,.,.., ':,::~3~:::t~~:.:~:~;r~;~:'~;,:'::::-, '..,,' "__> . nsumer's Certificate of Exempt/Of) is to be useCl solely'by your 'o'~gariiiation for YQur organizatIon's 3. es made by an Individual on behalf of the organization are taxable, even if the individual will be ad by the organization. 4. This e emption applies only to purchases your organization makes. The sale or lease to others by your organl aOOn of tangible personal property, sleeping accommodations or other real property is taxable. Your. organi tion must register. and collect and remit sales and usa tax on such taxable transactions, Note: Churches are ex mpt from this requirement except when they are the lessOr of real property (Rule 12A~1.070, FAC). 5. It is a 'minal offense to fraudulently present this certificate to evade the payment of sales tax. Under no . circum tances should this certificate be used for the personal benefit of any individual. ' Violators will be liable for paym t of the sales tax plus a penalty of 2.00% of the tax, and may be subiect to conviction of a third degree felony. Any violation will necessitate the revocation of this certificate. 6. . If you ave questions regarding your exemption certificate. please contact the Exemption Unit of Gentral Regist tion at 850-487-4130. The mailing address is PO BOX 6480, Tallahassee, FL 32314-6480. About Us rage 1 or 1 Cl"""A.', ~, , r"""'. F~; '. ~ . .,.~,: ..;.' '.;.:: <;.":' ,".",' t:(.ln~<I~~""l''''~'~ N..::.s: 1'(/,~,;,6"::, ;;!J J'<li:~l !1ll>'V;h (;'~Ill". I"" OlD m In Pal Beach Coun , Florida, 1 in 34 Bl ks, 1 in 244 Hisp ics, 1 in 492 White are living with mVI IDS. In all, 6,555 fPalm Beach Count's 1. 13 million reside ts are reported to be ving with HIV/ DS. m One 0 t of 166 people in Pal Beach County has S or is living with V, ,:;~7:~;t;.. "'J.iIi'."'''' ,~., , ' .;~~ .~.w , , " '~~..., ~'..",,"'il,.9"" ,"'1, ",,":,,' "" l{: .'. ~ ~ l'...~~.:~,-:.~.:~~' ~~ =-.::;~;.~ 1.'I\~;,~~~~;i :-; ?~t .~:%:~::;'~~:'e;:;~::-.:'%~;~~';: :::~:ri~~::;;:$: ~:t: ~~~~; OUf Mission To provide and promote education, advocacy, and compassion to individuals infected and affected by HIV and AIDS in Palm Beach County, About Us Comprehensive AIDS Program (CAP) of Palm Beach County, Inc, was creal all individuals and communities affected by HIV spectrum disease. CAP as variety services to mv infected and affected individuals, and a variety of ed prevention programs throughout Florida's third largest county, Facts About Us CAP is the largest provider ofHIV/AIDS services in Palm Beach County. CAP provides an array of vital services to eligible individuals living with HI Affected family members and caregivers of eligible clients can benefit from services. CAP also educates the community on the impact of the disease an, prevention information to those at-risk for contracting the disease and to the community . CAP is the only multilingual and multiethnic HIV/AIDS service agency in P County with five regional offices devoted to assisting nearly 3,000 men, wor children living with ffiV/AIDS. <0 Copyright 2004 Comprehensive AIDS Program of Palm Beach County, Inc. I All rights reserved. http:// . cappbc, org/index:. cfm ?fuseaction=pages, aboutus&x=5945 361 5/14/2007 ~.,II , . Bible Church of God, Inc. ~ jl 1390 North Seacrest Blvd. , '\ Boynton Beach, Florida . I: Pastors: Bishop Sylvester & Mother Fannie Banks, Sr. Ii 'I . cj~me One, Come . i . . . n !i II ,. t !I Ii , . t t t t = r I I I I I : I I : I - All, you are us on our: .....,,\ AnnlJct, invited to join Embrace Yourself Health and Safety Fair ~ ~- ~ & ~ Community Talent Showcase Date: June 16,2007 Time: 10:00 am - 2:00 pm R~--.:_:::.""'- I, -"~7 f ~ .. '.' . '~~ ., : ~ ~ 1\ ... '': ':..~,' r~ " ; ~, . :;:I < ~ ? . ... . ~ .- . ' " , -, ~ . ft ree food . 'l/ ..::~;f~~t...f, _,'.i - ,:;.-:,::,:~.,~",~ - For more Infonnation & Registration Contact: Sis. Sharon Hollis: (561) 274-6400 x26 or Cell: (561) 577..3612 Sis. Ophelia White: (561) 736-2092 Church: (561)369-0016 or Fax to: (561) 369-0015 .~.. .-. .. ~-_.' "'_. ~_. -- x. New Business: B. Consideration of Purchasing Property Located at 402 NW 12th Ave ~qY~T8~ eRA East Side.....West S',de-Seas'lde Rena',ssance BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: June12,2006 AGENDA ITEM: Consent Agenda Old Business I X I New Business Public Hearing Other SUBJECT: Consideration of Purchasing Property Located at 402 NW 1ih Avenue SUMMARY: Early this year, CRA staff contacted the owner, Ms. Sharesse Gillard, regarding the above-referenced property to ascertain if she would be interested in selling. The owners indicated they would be interested in selling dependant on the purchase price. Staff ordered an appraisal of the property. The market value indicated by the appraisal is $170,000. Ms. Gillard was informed of the appraised value by staff. Ms. Gillard gave staff a copy of an appraisal for the property indicating a value of $197,000. CRA staff offered to split the difference between Ms. Gillard's appraisal and the eRA's, bringing the offer up to $183,500. Ms. Gillard refused and insisted on this item being placed on the Board agenda. The property sits on a non-conforming lot (35' wide) and contains a 910 sq. ft. duplex. The purpose of the potential purchase by the CRA would be to add the property to the adjacent lot to create a conforming lot in order to construct a single-family home in partnership with the Palm Beach County Housing Authority. FISCAL IMPACT: None. RECOMMENDATIONS: CRA staff does not recommend paying above $183,500 for the property. AlLJ<)~ Vivian L. Brooks Planning Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board Meetings\07 0612 CRA Board Meeting - June\Gillard.doc x. New Business: C. Consideration of Purchasing Property Located at 201 NE 1st Ave (Downtown Parking Plan) \\1' .: /;~~,. ;'"', ~<!Y~T8~IC East Side.....West S.lde.....Seaside Renaissance BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: June 12,2007 AGENDA ITEM: I Consent Agenda Old Business I X I New Business Public Hearing Other SUBJECT: Consideration of purchasing property located at 201 NE 1 st Avenue (Downtown Parking Plan). SUMMARY: At their regular meeting on Tuesday, March 13, 2007, the CRA Board approved the purchase of the Shaffer property located at 208 NE 1 st Street. The intended use for this property is to provide the City Hall/Old High School area with much needed downtown parking. The CRA has the opportunity to purchase the adjacent Jones property located at 201 NE 1st Avenue giving the CRA ownership of the entire block. The property is owner occupied and consists of a small 1940s wood frame house on a 63' x 112' sized lot. The parcel is currently zoned R3 (Multi-Family) with a Comprehensive Land Use designation of High Density Residential. The property owner is an elderly woman who has lived in the home since 1946. The property was appraised by Anderson & Carr, Inc. on May 16, 2007, and a market value of $265,000 was established. The owner has agreed to sell the parcel to the CRA for the appraised value. In light of the property being owner occupied and the elderly status of Mrs. Jones, staff is recommending the provision of $30,000 in relocation expenses. Additionally, the purchase agreement offers Mrs. Jones a lease-back opportunity for a period of one year in order to provide Mrs. Jones time to find her replacement housing. FISCAL IMPACT: Development Projects - General Fund, 01-58300-200 RECOMMENDA TIONS: Approve the purchase agreement between the CRA and Mrs. Ruth Jones for the property located at 201 NE 1 st Avenue in the amount of$265,000.00 and relocation assistance in the amount of $30,000.00. -~4~ /1/ " /f! fi.::'/~(//~ Michael Simon Development Manager T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda 'tern Request Forms by Meeting\FY 2006-2007 Board Meetings\07 0612 CRA Board Meeting - June\Jones Property Purchase.doc r " '-- :lo.p~ ;-.1. >ZZ. : 00 m ,.enen@ ..em ~ 5D:J>0 ; ~~ m ') ;;0 :r en ;>~o ~ ~(")"TI- Jm-l~ 2 3l: ffi 0 ~ -0 -0 Z ;> ;;0 e -0 .OD:J:::tl ~riicg ",,(")- '-;;00 ~~ m m . -l (") D:J ~eno-< : ::a: ;;0 (') :m 0 C :;;o,,~ l~jl-l 10 -l ! (') :r .>m . -l -0 ,me 10;;0 ,>-0 I en 0 I -0 en :~m '-lO 10" :" > I -l D:J l:r en : en ~ i~~ :~z ! m G') , -< -l i ;3 m ~ en -0 m :;0 " o :;0 ~ o D:J -< ~ en o " " C'5 m z o ti1 C/) J: 126.51' ;:0 ~_' ~ N ~~ ~o g ~S; f q '_ _ _ _ --4- _N~.2NDSl.~ET_ - - - - _1- - -- 146.51' 40' RIGHT OF WAY - I UNIMPROVED I I I ? / , \ I ! i I I I rt=:l ~I <:> -, I ~I;Z qtr1 ~ 2:! :-. ~~~ ;;o-l' :~.Ol~ ~~~ 'I rn (: . rOOI )..'0 -:- _T . I , l: ~~o .1 .~ ...>-, ; 8 w :a- , l~ ~ ~ l'V rt=:l O. q :-en :::Om '- -l ~.... -ON /'. at "" 4--0 .~.. c:::! I \ ! I [, I ~O.OO\. /_ .i I OJ / :-nl- '1J/ @ Ci.i ^ ,T ,--.- ~ - 63.25' l"" '20'" 0-10 ",,_5 2-~ Mtxl:r t"'r-> cor- liln"" 9:><:!il ..... < ;J> n -~ ..-., 63,25' '25", O-l~ ""- ZI..J ntxl~ r-r- 60 m~~ w .. :~I-~ '~l "- -f.... r. .- ~ ~1 . - ~ ~ '-. 1:l:Ir- gQ ~- ..,""" ,:' " ,;fIi ,'-:"~- .> .f '.!:j: '.' , ..' " : ',: ' .' '. '; , ~r- gQ ~ ~c:: ~-' ~ 0 0> N b q --.'0 ~o .- {L~/' ~ <:> " ~:..... -j:;:, m = Pl;; ! I I '\1 i " -. \ .- N q )> r_ r ~ '< I:l:I r-r- 00 no-:l ~"'" ,<..> I I I II:l:I 15b /no-:l ~-.J w Olr- bO no-:l ~- wO o~ ~6 o~ I:l:I r-r- 00 n>-i ~\O ...., r "...., .' I I + - - ~ - -(~ - - - - - ~,~ ~ -'~;R~~~TSO~~J - ~i~"~~T - - -- , I .' . ,_,,_ n ~__' __. __ _._.. ~o, I>.) IMPROVED - :..... ' , -- '-', :' ,/ ~~~~:-~~--,---~- ~-6'~-2-5' : -- \. .~"~~- _, . _..,. . ,--;': ~.;:p I::' =--~f'-) ~ >:Z:Z. : 0 0 ~ : ~ ~ iJ:: )tD)>oo ; ~~ m ~ :;c :c en >~ 0 ~ : 0 ~- 'm-i~ ,-:Co iaam:z ~:;c~"'O .OtD::O ; i!'i' 0 , is: n :s; 'm:oc !:ztnm --iOtD len~-< . ::? 0 · li'i · ~fHCS~ lr-:o-i 10 -i ! O:c .>m . -f "'0 J m c:: J 0 :;c 1>"'0 J en 0 I "'0 en : ~ tn I -i 0 IO~ :~> J -i [D J:C en : en ~ i~~ :?g z !mG".l , -< -i ;3 m ~ en "'0 m :;c ~ o :0 ~ [D -< ~ en o ." ." (') m z o trl (I) ~I <:;!I I ""'j;Z qtTl ~2;! .... -:0 G> Cfl ;;o:C1 ""l 0-f > ';;;jOI< O~!I ! J L--. <f9. ll'~ ): JOO II ---I ~I i I. ...:.+ ..... N 0, q 0, 00 ,; r'm ~:;' (,,,' O' ;;'~'O :itS! AID" n ..... CD ~ ,,! AI . ..,." ;:IIIr... -. O. ::J . (QJ CD: ,cn~ . '.....: - -. . ",., CD 'D) tn n .. CD., tn' " I I I i- ,- -' -' /1 :-nl- fil - , N ~,.',' ...... :( b Q \ " r-> <:;! )>- 0, m ~ -< :-n .... -~ \ to Ir-r- 100 l(jo-'J ~oo "" I I I I to sr- nO ~::l "" tl:Jr- r-o go-'J ~- WO ofg ~S ~~ to r-r- 00 R:; w ~ N~ .' 'i N ~~ ~~ p ~ii r ~ . _ _ _ _ --+ _N.:..E. 2ND S':!:.~E!...-- _ _' _ _ _ - - - - 146.51' 40' RIGHT OF WAY -- UNIMPROVED " r..-I:l _ ef;; x. New Business: D. Consideration of Funding Neville Marques $50,000 from the Homebuyers Assistance Program ~qY~T8~IC R/~ East Side.....West S.lde.....Seas.lde Rena'lssance BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: June12,2007 AGENDA ITEM: I Consent Agenda Old Business I X I New Business Public Hearing Other SUBJECT: Consideration of funding Neville Marques $50,000 from the Homebuyers Assistance Program SUMMARY: Mr. Marques is purchasing a unit at The Preserve (see attached). His income has been certified to be below the 120% of median household income. FISCAL IMPACT: $50,000 from Bond II proceeds. RECOMMENDATIONS: Approve $50,000 from the Homebuyers Assistance Program budget to assist Mr. Neville Marques to purchase 1611 NE 6th Street, The Preserve, subject to execution of the CRA's mortgage and note at closing of the property. (d6ffl,N Planning Director T:\AGENDAS. CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board Meetings\07 06 12 eRA Board Meeting - June\Marques HAP .doc Neville Marques 1611 NE 6th Street, #1305 The Preserve Purchase Price $ 239,990 Deposit $ 14,110 Closing Costs $ 14,399 1 st Mortgage $ 130,000 $ 254,389 CRA HAP $ 50,000 HOP $ 59,900 $ 254,010 BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION POST OFFICE BOX 337 . BOYNTON BEACH, FL 33425-0337 · PALM BEACH COUNTY PHONE (561) 752-0303 . FAX (561) 752-0302 Date: June 6, 2007 Client Name: Neville Marques Address of Property Being Purchased: 1611 NE 6th Street #1305 The Preserve of Boynton, Boynton Beach, FL 33435 Verified Annual Income: $ 36,480.00 Family Size: 1 Purchase Price: $239,990.00 Maximum Mortgage Amount: $130,000 Mortgage Term: 30 year Fixed Mortgage Interest Rate: 6.00% Other Subsidy Amount:: Requesting Subsidy for CITY of Boynton and HOP program. To be determined Front End Ratio: 43.64 - Front End is over 3501<> Back End Ratio: 43.64 Dee Ott from Liberty Mortgage stated you are aware of Front-end ratio. Mr. Marques -Funds/Grants to Close: $120,924.21 Dee Ott Liberty Mortgage-Requesting $50,000 from CRA of Boynton. x. New Business: E. Consideration of Funding Faith Dickens $42,500 from the Homebuyers Assistance Program 'i-~~ ~"~~'.~'~' i"."",,)~", /"'-'r-. ~ ~qY~T8~ICRA East Side.....West Side.....Seaside Rena'lssance BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: June12,2007 AGENDA ITEM: I Consent Agenda Old Business I X New Business Public Hearing Other SUBJECT: Consideration of funding Faith Dickens $42,500 from the Homebuyers Assistance Program SUMMARY: Ms. Dickens is purchasing a unit at The Preserve (see attached). Her family income has been certified to be below the 120% of median household income. FISCAL IMP ACT: $42,500, from Bond II proceeds. RECOMMENDATIONS: Approve $42,500 from the Homebuyers Assistance Program budget to assist Ms. Faith Dickens to purchase 1819 NE 4th Street, Unit No. 206 subject to execution of the CRA's mortgage and note at closing of the property. ~/~ Vivian L. Brooks Planning Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board Meetings\0706 12 CRA Board Meeting - June\Dickens HAP.doc Faith Dickens 1819 NE 4th Street #206 The Preserve Purchase Price Deposit 1 st Mortgage Palm Beach County SHIP Cornerstone closing Credit Closing Costs CRA HAP Rounded $ 239,990 $ 7,600 $ 155,000 $ 38,950 $ 5,000 $ 9,052 $ 42.492 $ 42,500 5_84% GI ~ c:c: COO flq:~~ ::~.g.g 00"0"0 GI c: c: Q. ~~ ~ J!1 'c ;:)::5C')"'" - o 'It UI III ~ Ol 'c E ;:)~LL.LL. oc:enen 8.~ ~f- ~ o ~ .s ~ .s en .c: ii) ~ o ::t: Q) ~ ~ a.;; ~ ~ gJ ~ :E [ UI en (;) ~ .S2fS=~~ ~'C~~~ Ql'CwOl= Qc(enenN tJl ,.... c:: s: .~ z ~ ~ 'tl 'c Ql m .~ ... ~ u E );GlOO::J ;: ~(;)UJ: C:-~m"- ~~~LL..E .s~o~11i U 15 m J: ... Ol 5i c: [5lmm o~---- _o..C:C: ~ Ol GlS= Cf- > c: c: .$ 0 m m 1'lI:O;:77 c8t5t5 GI Q. ~ f~~ Q. o ... 0.. <0 OlO UI ::J N UI c: 'It l!! ~ (j) 'Cq:~ ~=Ci5 >.-Ns= 1:-r-~ GlS:W ~ZZ D:~~ <0' LOCO !:) ..- QS 8 ($ C) fl It) 'C N' .....D.. 'tlGl GI UI '02 c:: c.> .2 ~ ~D.. c.> c:: .s .!!l-e ~ ::J 0:(0 1:.i GI GI E c.> ::.,c 1'lIJ!! ~ .!! :t UI o~~~~ Q <00 NO> 0>0> 1'-- ai LOC') ..-N ~~ 000 000 OLOLO ~NO '<:1"'<:1"..- '<:1". N III 0> c: c: '0, III 'c 0> c: .- o Ol m GlJ:i3E ~~B& z-g€~ Ol m c: III LL. m ~ ro CO 1'-1'- 00 00 s~~ I'lIC')N c..-..- MID 00 GI Q. ~ ~LL. Glen Q. o ... 0.. III UI ~ ... UI c: c:: l!! Ol e'C~ C)~s= ... ..... C::~'<:I" ~GI~ GlQ.Z >2co e 0.. ..- Q. '<:I" .s ~-e ~ c::::JC') Glo.,f 'OE,.... .- c( ~ GI ct:~ J!! UI 'iij ~~ "0 c: o E E m GlJ: E I I'll c: z~ o U ~ i:5 I'- o o S~ I'll 0> ce ..- o x. New Business: F. Consideration of Transferring CRA Owned Land - Vacant Lot on NW 12th Avenue in HOB ~~Y~T8~ C East Side.....West Side.....Seaside Rena'lssance BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: June 12,2007 AGENDA ITEM: I Consent Agenda Old Business IX I New Business Public Hearing Other SUBJECT: Consideration of Transferring CRA Owned Land - Vacant Land located at NW 12th Street described as Cherry Hills, Boynton Lots 390 & 391 SUMMARY: At the March 2007 meeting the Board approved the purchase of the above-referenced property for the eventual construction of a new, affordable single-family home, Staff is recommending that the property be advertised for the statutory requirement of 30 days and that a public hearing is held at the August meeting for the disposal of the property to an entity that will construct and sell the affordable residence, The CRA closed on the property on April 30th, FISCAL IMPACT: None, RECOMMENDATIONS: Approve the issuance ofa public notice for the disposal of the property known as Cherry Hills, Boynton Lots 390 & 391, ~tM{t;f~ eRA Planning Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board Meetings\07 06 12 CRA Board Meeting - June\Disposal of NW 12th Lot.doc ~~ .... -tI) ~~ I:I'"tI) >~ < Q rD ~ = = rD x. New Business: G. Consideration of Funding RoJdry PhiJias $47,000 from the Homebuyers Assistance Program ~~Y~T8~ICRA East Side.....West Side"'" Seaside Renaissance BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: June12,2007 AGENDA ITEM: I Consent Agenda Old Business I X I New Business Public Hearing Other SUBJECT: Consideration of funding Roldry Philias $47,000 from the Homebuyers Assistance Program SUMMARY: Mr, Philias is purchasing a unit at The Preserve (see attached), His income has been certified by the Boynton Beach Faith Based Community Development Corp, to be below 120% of median household income per the CRA HAP Guidelines, FISCAL IMPACT: $47,000, from Bond II proceeds, RECOMMENDATIONS: Approve $47,000 from the Homebuyers Assistance Program budget to assist Mr, Roldry Philias to purchase 1810 NE 5th Street, Unit 8, subject to execution of the CRA's mortgage and note at closing of the property, ~~~ Planning Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board Meetings\0706 12 CRA Board Meeting - June\Philias HAP Request.doc Roldry Philias 1810 NE 5th Street The Preserve Purchase Price Deposit 1 st Mortgage Palm Beach County SHIP Cornerstone closing Credit Closing Costs CRA HAP Rounded $ 279,990 $ 8,500 $ 184,950 $ 45,000 $ 5,000 $ 9,955 $ 46.495 47,000 3% 3.56% BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION POST OFFICE BOX 337 * BOYNTON BEACH, FL 33425-0337 * PALM BEACH COUNTY PHONE (561) 752-0303 * FAX (561) 752-0302 DATE: June 1, 2007 TO: Vivian Brooks, Planning Director Boynton Beach CRA 915 South Federal Highway Boynton Beach, FL 33435 Applicant: Mr. Roldry Philias 5028 Ashley Lake Drive # 337 Boynton Beach, FL 33435 Dear Ms Brooks, This letter serves to inform you that that Roldry Phllias have been approved by Palm Beach County State Housing Initiative Partnership (SHIP) program as a moderated- income household of two for $45,000 SUbsidy grant. It's my recommendation that Mr. Philias be approved for additional $50,000 to purchase at 1813 NE 4th Street Unit 8 SLDG 14 The Preserve of Boynton Beach. Mr. Phlltaa has invested $8,500 of his own funds toward the purchase. ~. .....ftnd~.... in ,...... to..........: 1. ,.~.....~ (SunTnllt 1IIIRk. ~. 14MA UnIiratM Ru~_MIJt lMft ~ (s.MfNat Bank J 3. ~IkIJ1lQlft of~._ .. CcdIIw............ n. Pll....... ~..... s. __ ~MI_tl.....11I R.E.A -A..,.ulIIII RIpcMt I I OR*L REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY STATING THE REPRESENTATIONS OF -'~~DEVELOPER; FOR CORRECT REPRESENTATIONS, REFERENCE SHOULD BE MADE TO THIS CONTRACT {) THE DOCUMENTS REQUIRED BY SECTION 718.603, FLORIDA STATUTES, TO BE FURNISHED BY A DEVEL. UpeR TO A BUYER OR LESSEE. i In this Agreement, which shall be effective as of the date above, the term "Buyer" means or refers to the buyer or buyers listed below who Ihave signed this Agreement. The words .Seller" and "Developer" mean or refer to Boynton Village, L.L.C" a Florida limited liability com- panY, and its successors and/or assigns, If the first letter of a word is capitalized in this Agreement, that word will have the meaning given to it in thl~ Agreement or in the Condominium Documents (as defined in Section 1 of this Agreement). , BuyJr(s): RoIdry Phlllias , 300.W. A I nr A n e Be ch FL 33444 .) AGREEMENT ~PRESERVE AT BOYNTON BEACH. A CONDOMINIUM \J UnIt No.:UU~ \me "un,!) ENective Date:03l05l2oo7 Sales Consultant: Barbara Sanford Office Fax: Social Security No(s).: 592-80-0364 E-Mail Address: Na~, address, telephone and telecopy number to which all of Buyer's notices are to be given (leave blank If same as above): Nam~: Street Address: Clty:i Cou~try: I Hom13 Telephone: I Offic~ T elephona: E-MJ" Address: I I Estimated Completion Date: (subject to sections 8, 9 and 35): SeDtember 2007 i Co-Broker (see Section 19):Jason Chaney Co-Broker Agency: Resolutions Realty ! Co-Broker Address: 9819 -H S Military Trail Boyn~on Beach, FL 33436 State: Zip Code: Home Fax: Office Fax: : Purchase Price. The Purchase Price of the Unit has been determined as follows: ,asic Purchase Price: $279,990.00 ~ot Premium $0.00 TOTAL PURCHASE PRICE: 1lus Extras/Options Less Credits, as set forth on at- tllched Addendum $0.00 iOTAl PURCHASE PRICE (with options and lot pra- rr/um) , The 110tal Purchase Price of the Unit shall be pald as follows: $279.990.00 $279,990.00 Due Date U ut' f h' I pon exec Ion 0 t IS Agreemen ..,......................,.. Amount $8,500,00 Secorjd deposit:........,......,............... ......... Third ~epoSIt: .........................................., Balanpe (subject to credits, adjustments and prorations); .................... At Closing........,........ ............................................ $271,490.00 : I~ addition ~<J the. P~rchase Price shown, . ~.~v.e, Buyer also agrees --;;;p';';-";'ihB" De~el.. . ~r'S:Fe~; all closing costs and other Sll"'~ reqUIred to be :. ') ";' t~~'yer under this ~gfeem$nt. At the present time th8 CoslS lor whi tfdollaf 'amounts can be computed ,. .-. . .~~:.:-~/,":,.'J, . . --,~_.,~,.., ..---~.~... . a:. 1 :")> d~..:.Jalop.~'fee ---..,...-,-,-. . See Section 13 on Page 5. b /:..1 :-'.vo ~')()r<r: ~.':apital Contribution to Condominium As.ir;;:-:T.;~.._c,.._.. SeE! Section 13 on Page 5. . ..',,' "'-Y7;;:'-I.:!,..l':' Capital Contribution to Maintenance A~~';c,(:' .....~_.. _ . -. . _ . . See Section 13 on Page { . r'k'::B" "FidrgesarSl~[ b adjustment as provided in Se,':;:' .~, rhb.:'"... F'.o:,',md are explained in more detal;:," tlon. as <Fd o")",(J' cln.;;ii1."l "("\>:i." Nhi.."" "... ,,,t h.. ,.,,,m,,,,t,,n "t Ihi" Ii",,, 1>.. I ANY PAYMENT IN EXCESS OF 10 PERCENT OF THE PURCHASE PRICt MADE TO DEVELOPER PRIOR TO CLOf'NG PURSUANT TO THIS CONTRACT MAY BE USED FOR CONSTRUcn~N PURPOSES BY THE DEVELOPER. YOU !HA VE THE OPTION TO CANCEL YOUR CONTRACT OR AGREEMENT ~F SALE BY NOTICE TO THE SELLER UNTIL MIDNIGHT OF THE FIFTEENTH DAY FOLLOWING THE SIGNING OF THE CONTRACT OR AGREEMENT. i ~"YER: I I~ r)",jd . I Dat~ ' ~. I SELLER: Boynton Vlrlage, L.L.C., a Florida limited liability company Seller Date Leon J, Wolfe. President ..1 1. Buyer agrees to buy and SeI~grees to sell the Unit (on the terms and conditio~~tained in this Agreement), including the ImprOVements now existing or to be constructed thereon (collectively the "UnIt") in THE PRESERVE AT BOYNTON B~CH , a Condominium (the 'Condominium'), according to the Declaration thereof, to be recorded in the Public Records of Palm Beach County, Aonda. The Unit and the Con- dominium are described in greater detail in the proposed Declaration of Condominium (the "Declaration") included In the Prospectus and attached exhibits (the 'Condominium Documents.), Buyer acknowledges that he has received the Condominium Documents described in the RECEIPT FOR COrlJDOMINIUM DOCUMENTS delivered by Buyer to Seller. ; 2. ~. Deposits may be made by personal check (subject to clearance) or in cash. The balance due at closing must be aid by cashier's check or wire transfer of federal funds. All payments must be made In U,S. funds and all checks must be payable on a bank located In the continental United States, Seller is not obligated to accept any depOSit Which Buyer fails to pay on time, and if Seller agrees to ac~pt such depOSit on a later date, Buyer will pay a late funding charge equal to Interest on such deposit, at the then appliCable highest lawful rateifrom the date due until the date of receipt and final clearance by Seller, Except as permitted below or by the prOviSions of the Florida Condominium Act, all of Buyer's deposits will be held in escrow by Trans-State Title Insurance Company, L.L.C. a Florida limited liability company (the "Escrow Agenr) with offices at 3050 Aventura Boulevard, Suite 300, Aventura, Florida 33180, in accordance with the Escrow Agreement contained In the Condominium Documents. The Escrow Agree- ment Is incorporated into this Agreement as If repeated at length here, and Buyer agrees that the deposits may be held in any depOSitory which meeits the requirements of the Act Including, without limitation, a financial institution chartered and located outside the state of Florida. Buyer a9'" that all of Buyer's deposits In excess of ten percent (10%) of the Total Purchase Price may be used by Seller for paying devel- op,",ent and construction costs of the Condominium as provided by Florida law. 11 Buyer so requests, he may obtain a receipt for his deposits from Escrow Agent. Seller may change escrow agents (as long as the neWlescrowagent is authorized to be an escrow agent under applicable Florida law), in which case Buyer's deposits (and any interest actually earned on them) may be transferred to the new escrow agent at Seller's discretion. Seller can use all of BUyer's deposits In excess of ten percent of the Totaf Purchase Price for construct/on and develop- ment, as long as that portion of Buyer's deposits are used In a manner which is consistent with ~718.202(3), F,S. The Escrow Agent is authorized to pay that portion of Buyer's deposits to Seller for permitted development and construction purposes upon receipt of Selllitr's request and certification that construction has commenced. In addition to the foregoing, If Seller has obtained or obtains the approval of the Division Director of the Division of Florida Lan~ Sales, Condominiums and MObile Homes to provide "Alternative Assurances", as permitted by law, in lieu of holding deposits up tp ten percent (10%) of the Purchase Price In escrow, Seller may cause the Escrow Agent to disburse such deposits to Seller for afl t,(ses permitted by law, If Seller has obtained such approval as of the date of this Agreement, a copy of the Escrow Agreement pro- vldmg the mechanism for such disbursement has been delivered to you, Likewise, If such approval Is obtained after the date of this Ag~ment, Buyer will be provided with a copy of the Escrow Agreement, but agrees that It shall not be deemed a material or adverse change In the offering of the Condominium by reason of the fact that Buyer has already agreed to Seller's use of such deposIts as set fortlllabove. At closing, all deposits not previously disbursed to Seller (and any interest actually earned, if any) will be released to Seller and Buyer ije given a credit against the Total Purchase Price for all deposits, excluding of any interest eamed thereon. If Buyer defaults, Seller is enti- ' to retain all deposits (and any Interest actually earned on them, if any). If Buyer propeny tenn/nates this Agreement In the manner allowed in this Agreement or by applicable law, all deposits (Including any interest actually eamed on them, If any) will be returned to Buyer within fif- teen:(15) days after the effective date of Buyer's cancellation, or the date Buyer's deposit check(s) clears, If later. I Except where expressly provided herein to the contrary or otherwise required by applicable law, all Interest eamed on Buyer's depos- its s~a" accrue solely to the benefit of Seller, and shall not be credited against the purchase price of the Unit. Buyer further understands and agre/35 that to the extent the deposit monies are used for construction or development purposes, said monies are not available for investment and l'Iccordlngly do not eam Interest, No interest will be assumed to be earned, unless in fact said sums are invested In an interest bearing ac- courit and do in fact eam interest. Furthermore, Seller may, In its sole and absolute discretion, select the type of account in which to invest the dep~its and nothing in this Agreement shall require Seller to place the deposits in an inlerest bearing account. I '3, How BUYer Pays, Buyer understands and agrees that he will be obligated to pay "all cash" at closing. For purposes 01 this Agreement, 'all cash' shall mean either a cashier's check drawn on a financial Institution located in the continental United States or immediateiy avail!"bje wired federal funds in U.S, Dollars. This Agreement and Buyer's obligations under this Agreement to purchase the Unit will not de- pend on whether or not Buyer qualified for or obtains a mortgage from any lender, Buyer will be solely responsible for making his own financial a"",,-_. Sener "9'ees, however, to cOOperate wltI1 eny lender Buyer choos.. end '0 coordinate cloolng with such lender, n, bu' only II, suCh! lender me.,. the seners cloolng schedule and pays Seller the Proceeds of its __ at clOsing, In the event thel lender does not pay Seller these proceeds at closing, Buyer will not be allowed to take possession of the Unit until Seller actually receives the funds and such funds have/Cleared. , , Although Seller does not have to do so, if Seller agrees to delay closing until BuYer'S lender is ready, or to wait tor funding from Buyer's lender until after closing, or to accept a portion of the sums due at closing in the form of a personal check, Buyer agrees to pay Seller a late f~nding charge equal to interest, at the then highest applicable lawful rate, 01') all funds ,due SeUer which have not then been paid to Seller (and,! with regard to personal checks, which have not then cleared) from the date SelleroriglnalW. scheduled closing to the date of actual. pay- ment!(and, wltI1 regard to personel checks, to the de" of IIna! clearence). This I.t. tuoo;'Q ena"" mey be es"mated end cherged by Se".", closi~g, Sellar's estimate will be adjusted after closing based on actual fundinfJ Md clearance dates upon either SeUer's or Buyer's writtan rH- ques,~. i .' . .'" '.., , . Without lliliiUng ills generality of Section 34 of this Agreement. the f'}n"going \ientenceWiII surVive (continue to be effective aftry) clot ing, - '. ~', ...~. . 4... ,~Jlg".sFiqancii1Q. $eUer'may.borrow money from i",;..Jl;!i. to al;;quiru or firiah.9~dn'ELCondOminium Property and to G';nstruct U" )nd(')rr:l;1;WTl.811y~r LlCJre6s that any lender advancing funds for ;'~slk/'S US" in COi1nllctiOrl.'WJth'th", Condominium will havo 8 ~:i1or mort- . 9 J;] the Unit dl)d tr.;l (,<o'ndominium Uhtll closmg;::At that time, S:;lller may use all Proclj(;id$ 6f'eQy~rs purchase Which are necec;'r, it/ to. re- l~ase Fr.;) .Unit f~om tile thenlPPlic.able mortgages for the purpose ')1 ubtainlng tho$e rel,ases, Neftheittjis Agreement, nor Buy.ws PC;/iTISnt of hos ."""'IIs, "" g"e By,", ~ny I,en or c'elm agalnsl-'he Unit 0' Ihe Oondo.-""',m. Wm",ut i1mlJlng 'n~ g.,e"'1ty 01 the to"_~"n" Suy.,s '_' rIghts! Ufldei 'hI., !J,1t'~Jel{K~n1 Ndl be subordinate to all mortgag(;l$ I-,;~d all modlfiC/iltions made to lhose.mor'tgage$).affecting th< lk';i (yo 'i':J Cr.)/)" ' domlryiurn :W,:,;' it 'r,(J"'~ 'nor(;~cJq"'rj (or modifications) are mad,,) (<"'~orded after the date of this /v'lreemant.. Notwith"'h:lnrlir,,, ,: .," "'~~. S'AHf=)n"~ n:,~..,,!! ::.) : "', -:\:";"".1; " ,', ' ..'., _ . " . " 5. Construction Soeclflcations, The Unit ~d the CondomInium will be constructed in substantial accordance (in Seller's opin- ion) with the plans and specifications therefore kept In Seller's construction office, as such plans and specifications are amended from time to time. Seller may make such changes In the plans and specifications that It deems appropriate at any time, to accommodate its in the field con- 'Irucllon n.... (.. mo,e fully "'''''''ed In Ihl, SoctJon 5) .nd In '"'POnse 10 "",om""'ndatlons '" '"'lul""""",, olloc.', st.le 0' led.,.1 go" emmenl., '" qU"'OO\'.mmenla/.Qenci.. '" appl_e utilijy .nd'", in,u,.nee P""""""', and Buys, .g"'., Ihat .ny ch.ng., m.d.'n llCCO>'. danc<l..,h Ih. '",_ng 'h.iI nol" deemed m.'eri.' In. mann., wt;ch i, a"""..e 10 !he off.ring of Ih. Un. Such plans .nd .peclficatlons, as Ihtjy .'e so amended, are "".n.d 10 In this Ag"'em.nt.s 'S.iI.rs Plans and Spacfflcatlons." W"",,", Hmillng Selie,'s general right to make ties, Buy", speclflcally ag.... Ih.'I"" changes described """'" and changes In !he dimensIons of ""'ms, p.tios """ b.~onies, in Ih. jan of windows, doo.., wails, P.rtllions, utilijy (including, but not ilm'ed 10, .'ecofcal, cable and lelephone) Ie."'.,. and outlets, .". condItIoning equipment, ducts and components, lighting fixtures and electric panel boxes, and In the general layout of the Unit and Condomin- ium, rtlay be made by Sel/er in Its discretion and that such changes shall not be deemed material or adverse to BUyer. In furtherance of the undo"'andJng and ......menl slated atxw., Buys, aclmowtedges .nd .g....!hat it Is. wlcIoIy oboe""'d conslNction IndusI", P_c. I", p,e- consl.",Uon plans and specW_ons '0' .ny unit '" buildIng 10 be changed.nd .djuSled "om ilme 10 Ii"", In "'de"o acCOmmodate on'golng, 'in IhO tield' conslNClton needs. Th... chang.. and .djustm.nts .'" "'entleJ In o'de, 10 pennll .iI components of !he Unit and Ih. Building 10 be Int$grated into a well-functioning and aesthetically pleasing product in an expeditious manner. Because of the foregoing, Buyer acknowl- edges.and agrees that it is to Buyer's benefit to aI/ow Seller the flexibility to make such changes in the Unit and the Condominium. Buyer further . .-....-. -..........""".... ............... "'''',",UIUIf'ClLlUrI. Inltjals~ Date O~-1lEd1- , ~:.' i.€': ;'3" ",;f.~' 'f- " ~ ~:" ; ,; ij !,,~:.,j."t.'_ . ..)1: ,:>,J'e;..;::,' -'. 1'0" , 'j: aCkrlowledges and agrees that (i) the plans and~cifications for the Unit and the Condominium oJt.nfe with the applicable governmental au- thorllies may not, initially, be identical in detail to Seiter's Plans and Specifications, and (Ii) becaus~ of the day-!o-day nature of the changes des~ribed In this Section 5 the plans and specifications on file with applicable govemmental authorities, may not Include some or any of these ch8l1ges (there being no legal requirement to file all changes with such authorities). As a res~lt of the foregoing, Bu~er ~nd Selt~r b~th ac- knowledge and agree: The Unit and the Condominium may not be constructed in accor~anc~ wIth the plans a~d specifIcations on ftle wIth ~p_ plicable govemmental authorities, Without limiting the generality of Section 30, Seller dIsclaIms and Buyer waIves any and all express or Im- .,~ warranties that construction will be accomplished in compliance with such plans and specifications, Seller has not given and Buyer has relied on or bargained for any such warranties, Without limiting the generality of the foregoing paragraph, because of Seller's need to coordinate t~e appearance and design of the Community and the Condominium, in connection with the nature and layout of the land on which construction IS to take place and of,th~ street, common areas and other features of the Community, Buyer understands and agrees: The Unit may be constructed as a reverse ('mirror 1m- age~) of, or otherwise in a manner different from, that illustrated in the floor and building plan of the apptlcable model and building (as shown in the tondominium documents or in any illustrations of the model and building); and may be "sited' In a position different from that of the applica- ble rinodel and floor and building plan (or any such illustrations), Buyer agrees to accept the Unit and the said Building as "sited" by Seller and as cPnstructed according to a reverse floor and/or building plan. This section does not limit the generality of Seller's rights, set out elsewhere in this ~9reement, to make other changes in the Unit, the Condominium and the Condominium Documents, , Buyer hereby acknowledges and agrees that sound transmission in a Condominium is very difficult to control, and that noises from adjoining or nearby Units and or mechanical equipment can often be heard in other Units, Without limiting the generality of Section 30, Seller dQ8$ not make any representation or warranty as to the level of sound transmission between and among Units and the other portions of the Conpominlum. Property, and Buyer hereby waives and expressly releases an~ such warranty and clal~ for loss or damages resulting from sou{ld transmIssion. Buyer further understands and agrees that there are vanous methods for caI'culatlng the square footage and that the measurements of the Unit and facilities contained In sales brochures are based upon architectural measurements. Accordingly, the size of the Uni~and these facilities may vary by more than a nominal amount. : Buyer further agrees and understands that any trees and landscaping which are located on portions of the Community may be re- mO~d to accommodate construction, Seller does not guaranty the survival of any particular trees and landscaping which are left or planted on any portion of the Community. The agreements and waivers of Buyer contalned in this section will survive (continue to be effective after) closing, 6. Certain Items and Materials. The Total Purchase Price of the Unit Includes only the following items (unless a credit has been given for any such item): refrigerator/freezer, dishwasher, range and oven with microwave, and other items listed as standard features on Seller's sales brochures. Buyer understands and agrees that certain other Items such as the fol/owlng, which may be seen in models (if any) or in illustrations, are not included with the sale of the Unit: wall coverings, paInt or paint colors (other than off-white), accent light fixtures, wall omeJments, drapes, blinds, fumiture, knickknacks and other decorator accessories, lamps, mirrors, graphics, pictures, plants, wall-hung shelves, wet bars, intercoms, kitchen accessories, linens, window shades, seculity systems, certain built-in fixtures, carpets or other floor coverings and colo,ts, wood trim, other upgraded Items, balcony treatments (e.g" tile, brick, chattahoochee, scored concrete or wood trim), planters, screen- 1-.. llandscaping and any other items of this nature which may be added or deleted by Seller from time to time. Buyer specifically acknowledges the only fJoor coverings included with the sale of the Unit are in the bathrooms, foyers and kitchen. This list of Items (Which Is not all. .. .~ILi'5!ve) Is provided as an Illustration of the type of Items built-In or placed upon the models (if any) or shown in illustrations strictly for the pur- pos, of decoration and example only. Items such as these wI/I not be included in the Unit unless specifically provided for in a published list of staridard Items (if any) or in a Aider or Schedule to this Agreement signed by both Buyer and Seller, Certain of these Items may not even be aV~able, In the event that Seller does provide any of these or other Items, however, Buyer agrees to accept them, although not requested by Buyer, as long as Buyer is not required to pay for such items. There Is no obligation for Seller to provide models, but if so provided, the forego- Ingf'SClaimers will apply. : Buyer further understands and agrees that certain Items which may be included with the Unit or shown In models, such as tile, cab;- net~, :-WOd, stain, grout, ~all and ceiling t~X!ur~s, cultu~ed ~arble. mica and carpeting, are subject to size and color variations, grain and quality van~tlons, and may vary In accordance WIth price, aVElllablllty and changes by manufacturer from those shown in the models or In illustrations or I..,cluded in Seller's Plans and Specifications or in the publiShed list of standard items (If any), If circumstances arise which, in Seller's opin- ion, jwarrant changes of suppliers, manufacturers, brand names or items, Selle(may substitute equipment, material, appliances, etc., with items whiqh in Seller's opinion are of equal or better quality, Buyer also understands and acknowledges that Seller has the right to substitute or ~ha~g,e materials ~n~or stain colors uti,/iZed In wood decor (f! any), Buyer recognizes that certain colors as shown in displays or in the models, Including, but not limited to, roof, carpetrng and wood stain, Will weather and fade and may not be duplicated precisely. , If Seller allows Buye~ to. select c,ertain colors and/or mate~al,s in the Unit (whiCh Seller is not obligated to do), Buyer understands and ag~. that Buyer must submit hiS. selecttons to Seller In writing WithIn fourtee~ ~'4) ~ays after. the date the list of selections (if any) Is made av able to Buyer, If these selections (If any) are not delivered to Seller In writIng Within the time frame stated above, then it is agreed and und rstood that the choices will be made by Seller In its discretion. . .' 7, Insulation, Seller has advised Buyer, as required by the rules of the Federal Trade Commission that it currently intends to' inst~lln connection with the Unit, the following insulation: . ..' ! , ~ Thickness A-Value Location Fiberglass blanket and/or 10 ...., A .30 Aoof f'oIYlJr~ane . Batt insulation and/or AL.Foil ""0_' ~__ ....__._ A-4.2 Demising Walls .. '.. .' Batt Insulati?" ..!l!"\~!,r Al-Foll ~~-.._...--. R-4.2. Exterior Walls '. .' '. ".-c-.'.- _..-. _. ~..._ . .,........ --,.....-- ... 21~~~~r.i; , i.}f!i.l"~~! :. ',3 r-(-~alue Information will be:tiaSEldsoletv ''''"i... informatk;:j .)JVilrl by 'theappropriate manufacturers ft~)'\"e/~ "If ;i"'!icl,'!n..~ ;;,):J BUy?',:greas that sejJerls.~_()tres~Oj~'_ible for the rn~~!JfElctureT"!:)rrors. ..AII~nforrriation is sUbJe~! i03d,:',('; J~,,;;:';-r'j~h~l" ' 5, 6 "lli,j ,. to make ohangeS'.ln Seller,~ c' ,! 'fIJ 3nd SpeC!fl,::>~!"",,,,, ;;;'1 '"! (0 applicable IImitafions of Seller',;; !j'j'!";;'\. ;"1 ,';",;j) . - ..,... -- WJ ...................,.. 'a.., .......1"" "":'1 flQV"" III'" vOnOOmlnlUm DUllomg's energy efficiency rating determined, In accor- dance with the provisions of Section 553.9085, Florida Statutes, upon the completion and certification of an energy performance level display card for the Condominium building, such card shall be forwarded to the Buyer and deemed incorporated In this Agreement. Buyer acknowl. edges receipt of the Department of Community Affairs' brochure regarding energy efficiency ratings, a copy of which is attached as Exhibit "A" to this Agreement, I 'a, Completion Date, The Estimated Completion Date is Seller's best, present estimate and is neither a representation nor a war$nty that construction of the Unit will be completed by that date. Notwithstanding the foregoing, in compliance With the requirements for the 'Proved Lot" exemption under Section 171o-5(b) of the Interstate Land Sales Full Disclosure Act (15 U,S,C. 1701, et seq.), Seller is uncondi. 1~lly obligated to complete and deliver the Unit to Buyer within not more than twenty.four (24) months from the date of execution of this Pur. cha~e Agreement by Buyer; subject only to delays which would support a defense based upon impossibility of performance under applicable law. :It, because of such delays, the Seller is unable to complete and deliver the Unit Within twenty.four (24) months from the date of execution of this Agreement by Buyer, then such time periOd shall be extended for a term equal to the total period(s) attributable to the delays. Seller shall have the right, in Seller's soJe and absolute discretion, to cancel this Agreement and to cause Buyer's deposits to be refunded in the event that Seller does not enter into binding contracts to sell at least seventy-five (75%) of the units in the Condominium. Seller must however, notify BUYfilr of any such termination election within six (6) months from the date on which the first purchaser of a Unit in the Condominium executes a purchase agreement for such Unit; otherwise Seller will be required to construct the Unit and otherwise proceed to perform its obligations under ! Initials ~ Date 0:1 '-os- --o=r ;1! .. this Agreement. This section shall not delay th~ectiveness of this Agreem~nt whi~h shall be Im~ate, but, r~ther, ~ha" be deemed a "~on- dit(on subsequent" to this Agreement. In the event of Seller's election to terminate thiS Agreement pur~ua~t to thIS s~c~~~, upon such t~rmJna- tio~ and the return of Buyer's deposits, Seller and Buyer will be fully relieved and released from all obligations and Ilabil.i1les under and '~ con- ne I tion with this Agreement. Seller agrees to use reasonable efforts to meet the foregoing pre-sale requirement. NotwithstandIng a~ythJng to thi cootra", in thl, Saction, or In this Agreament, it ~ the Intantion of tha pertt.. that this ,ala qualify tor the "'mprovad Lms" a.emptlon .under '5/U.S,C. Section 1 702(a)(2) and that nothing contain~d, in thl~ ~greem~nl shall be construed .or shall. operate In a !TIanner In~onslstent With the Se ler's contractual obligation to complete the CondomInium withm the tIme required for compliance With the foregOing exemption. ; 9. Comoletion of Condominium Prooertv, Seller shall have complete discretion in finishing details, landscaping, amenities and be~utification of the Condominium Property, and Seller may exercise such discretion without impediment. Renderings contained In brochures or safes material shall not be construed as representations by Seller. For purposes of this Section, the Unit shall not be deemed to have been completed unless the Unit Is physically habitable and useable for the purpose for which the Unit was purchased and has all necessary and cus- torhary utilities extended to it and available for service to be Initiated by Buyer. Subject to Seller's oblig.atlons in S~ctjon 8 herein, the fact that co~structlon in areas surrounding the Condominium Property may not be completed, or that landscaping or soddIng may not be completed, sh.$lll not constitute a valid reason for Buyer's failure to close this transaction. . 10, Insoection Prior to Closina: Non-interference with Work, Buyer will be given an opportunity prior to closing, on the date and at the time scheduled by Seller, to inspect the Unit with Seller's representative. At that time, Buyer will sign an Inspection statement listing any defects in workmanship or materials (only Within the boundaries of the Unit, itself) which Buyer discovers. If any Item listed Is actually defective In workmanship or materials in Seller's opinion (keeping in mind the construction standards applicable in Palm Beach County, FlOrida for similar prqperty), Seller will be obligated to correct those defects at its cost within a reasonable period of time after closing, but Seller's obligation to cO\'l'ect will not be grounds for deferring the closing, nor for imposing any condition on closing, No escrow or holdback of closing funds will bejpermltted. If Buyer falls to take advantage of his right to a pre-closing Inspection on the date and time scheduled, Seller will not be obligated to teschedule an inspection prior to or after clOSing and this right shall be deemed waived. ; , Buyer acknowledges that all matters pertaining to the initial construction of the Unit will be handled by Seller and Seiler's representa- tiv+S. Buyer may not order any work on the Unit, other than prepaid options or extras that Seller agrees In writing to provide, until after closing. B9yer recognizes that Seller is not obligated to agree to provide extras or options. BUYER REALIZES AND ACKNOWLEDGES THAT ENTRY UPON THE CONDOMINIUM OR THE UNIT DURING CONSTRUCTION CPlN BE DANGEROUS AND THAT HAZARDS MAY EXIST WHICH ARE NOT READILY OBSERVABLE. TO PROTECT SELLER AGAINST LIABILITY WITH REGARD TO PERSONAL INJURIES, DEATH AND UNIT DAMAGE, AND TO AVOID INTERFERENCE WITH THE SElLER'S EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LABORERS AND MATERIALMEN, BUYER AGREES NOT TO IN~' ERFERE WITH CONSTRUCTION AND BUYER WILL STAY OFF THE JOB SITE, ANY SUCH INTERFERENCE OR ENTRY SHALL BE A o FAULT UNDER THIS AGREEMENT AND SELLER WILL NOT BE LIABLE FOR ANY INJURY RESULTING FROM BUYER'S BREACH OF TH S PROVISION. NO PERSONAL INSPECTIONS (OTHER THAN THE ONE PRE-CLOSING INSPECTION) WILL BE PERMITTED. B,ER'S FAILURE TO ABIDE BY THE TERMS OF THIS AGREEMENT AND TO NEVERTHELESS ENTER THE UNIT SHALL NOT ONLY Bel A DEFAULT HEREUNDER, BUT SHALL ALSO BE DONE SOLELY AT BUYER'S RISK. BUYER HEREBY WAIVES ANY AND ALL CLAIMS AGAINST SELLER FOR ANY INJURY OR LOSS TO PERSON OR UNIT ARISING OUT OF OR IN CONNECTION WITH SUCH -WRY, AND BUYER SHALL DEFEND AND HOLD SELLER HARMLESS FROM AND AGAINST ANY INJURY, LOSS, DAMAGE OR ~ENSE TO PERSONS OR UNIT ARISING OUT OF OR IN CONNECTION WITH BUYER'S ENTRY (OR ENTRY BY ANY OTHER I t:~SON ACCOMPANYING BUYER OR AT BUYER'S DIRECTION). I : Without limiting the generality of Section 34 of this Agreement, this Section 10 will survive (continue to be effective after) closing, Buyer can examine Seller's Plans and Specifications at Seller's business office, located on site, during regular business hours by making an ap~ointment to do so in advance. , 1,. Cfoslno DOja. Buye, unde"'ands that Selier has tha right to s"'eclure the date, time and pib for oIoslng, provided how- evftr, that the closing shall occur within the time periocl required in Section 8 of this Agreement. Before Seller can require Buyer to close, how- eVElr, Iwo things must be done: (a) Seller must record, in the public records of Palm Beach County, the Declaration and related documents in- clu~ing, but not limited to, a certificate from a surveyor certifying that all planned improvements, Including, but not limited to, landscaping, utility se,ylces and access to the Unit, and common.element facilities serving the Building have been substantially completed; and (b) Seller must obt/iin a temporary or final certificate of Occupancy or completion, or its equivalent, for or covering the Unit from the proper governmental agency (the official approval needed before a unit may be lived in), but, subject and subordinate to the provisions of Sections 8 and 34 of this Ag'!Bement (without limiting the generality of those provisions by this specific reference), the Common Areas of the Community and other par- t/oris of the Community need not then have certificates of occupancy, nor be fully completed. : Buys, WlIi be ~v,", ef iees'tan (10) days' notfca of tha data, time and place 0( oIoslng except In the aventtha! Buyel. re_, it any, reqlJires closing to be held on less than ten (10) days' notice, in which event, Buyer shall close upon demand of his lender. Seller Is authorized to ~ostpone the closing for any reason and Buyer will close on the new date, time and place specified in a notice of postponement (as long as ~ 'f.ast 3 days' notice o~ ~he new ~te, tir:ne and place Is gfv~n), A cha~ge of time or place of closing only (one not involving a change of date) WIll/not reqUIre any additional. notice penod. Any formal notice of clOSing, postponement or rescheduling may be given orally, by telephone, tele,graph, telex, telecopy, mall, e-mail or other reasonable means of communIcation at Seller's option. All of these notices will be sent or di- rected 10 the address, or given by use of the Information specified on Page 1 of this Agreement, unless Seller has received written notice from Bu~er of any change prior to the date the notice Is given, These notices will be effective on the date giVen or mailed (as appropriate), An affida- vIt if one of Seller's e~PI~ye~s or agents stating that this notice was given or mailed will be deemed conclusive. . ~fter ~he notice ,s grv~n, an~ If requ7ste~ by Buy~r, S~IIer, or ~ts agents will send a written confirmation of the closing, together with otherpertment Information and Instructions. Th!s wntten confmnabon IS gIven merely as a courtesy and is not the formal notice to close. Accord- in90/, it does not need to be received by any particular date prior to closing. Buyer agrees, however, to follow all Instructions giVen in any such notir and written confirmation. , If Buyer falls to receive any of these notices or the c.onfirmatlon because Buyer failed to advise Seller of any change o/a.ddress or ' . ,e, telecopy or telex nU~ber, becau~e Buyer. has f~l/e~ to pIck up a letter when he has been advised of an attempted delrveryor beqause of an\'; ijther reason, Buyer Will not be reheved of Its oblrgabon to close on the scheduled date unless Seller agrees in writing to postpone the ;', :.. l"lduled date. . [' ] If Seller agrees in Writing to reschedule dJ.<;inO at Buyar's request, or If Buyer is a corporation and Buyer fails l(~ prOduce the neCA!':- sary corporate oaoers SaUer nr RlIv..r'" 1......40" .~.. ._. -h___. ~.__... , ." , -. Q '- -....'......,.'""'" ,. ~ ,_... -~. . -. w '''''''''1 .....""..u, '''YUI:I''lt:lU lJr causee oy ~eJler), Buyer agrees to pay at closing a late funding charge equal to interest on the Total Purchase Price, at the then highest lawful rate, from the date Seller originally scheduled closing to the date of actual clos- il'"J for cJearance ot funds, it later). Additional late funding charges also may be imposed as stated in Sections 2 and 3 of this Agreement. All prorations wllf be made as of the orIginally scheduled date. Buyer understands that Seller Is not required to reschedule or permit a delay in closing and that Seller may treat Buyer as being In default If It falls to close When scheduled. , 12. CI"'no. Th..eon ''''''''ng' .ej.", 10 the """ wh.n S.lIor ""'va", lhe "-' to 'h. Unll to Buyor and owns"'hip 'hengeo han~s, Buyer's ownership is referred to as "title", Seller promises that the title Buyer will receive at closing will be good, marketable and insur- .~ (subject to the permitted exceptions listed or referred to below), Buyer will receive two (2) documents at closing which Buyer agrees to i' pt as proof that Its title is as represented above: . a. A written commItment from a title insurance company licensed in Florida agreeing to issue a policy insuring title (American land Title Association Owner's Policy, Standard Form B) or the poricy itself. This commitment (or policy) Will list any exceptions to title, Permitted exceptions (exceptions which Buyer agrees to take title subject to) are: (I) liability for all taxes and assessments affecting Ihe Unitjstarting the year Buyer receives title and continuing thereafter; (if) Standard exceptions for waterfront property and artificially filled-in prop- ertyiwhich was once within navigable waters and other standard exceptions for similar property; (III) All laws, and all restrictions, Covenants, +, limit..""" _.m.ms, """"'lions and ....man.' ""''''''" In Iho Publt, Aoco"" of Palm Bosch County, F1onda, ioct"",ng, Initials ~ Date 0'>'" 0 j-- 0 t x. New Business: H. Consideration of Funding Kimberlee Smith $ ,000 from the Homebuyers Assistance Program 30YNTON ...../.-."".....'. [..,~...... J.. \ 3 ~ A C "H L.v",- East Side.....West S'lde.....Seaside Rena'lssance AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: June 12,2007 I Consent Agenda I Old Business I X New Business Public Hearing Other SUBJECT: Consideration of Funding Kimberlee Smith $39,100 from the Homebuyers Assistance Program, SUMMARY: Ms, Smith has applied for Homebuyers Assistance Program funding in the amount of $39,100 to purchase 28 Crossing Circle, Unit A-28, Ms, Smith is income qualified as a low-income household, FISCAL IMPACT: $39,100 to come from Bond II proceeds, RECOMMENDATIONS: Approve Ms, Kimberlee Smith's request for $39,100 from the Homebuyers Assistance Program subject to the execution of the HAP mortgage and note at closing, c#L5J~ Vivian L. Brooks Planning Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board Meetings\07 0612 CRA Board Meeting - June\Smith HAP.doc Kimberlee Smith 28 Crossing Circle, #A-28 Purchase Price $ 151,000 Deposit $ 2,286 2% 1 st Mortgage $ 75,500 City SHIP $ 39,000 Closing Costs $ 4,885 3.24% CRA HAP $ 39.050 Rounded 39,100 BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORAnON POST OFFICE BOX 337 . BOYNTON BEACH, FL 33425"()337 · PALM BEACH COUNTY PHONE (561) 752..()303 . FAX (561) 752..()302 Date: June 4, 2007 Client Name: Kimberlee Smith Address of Property Being Purchased: 28 Crossing Circle # A-28 Boynton Beach, FL 33435 Verified Annual Income: $ 30,270,01 Family Size: 3 Purchase Price: $151,000 Maximum Mortgage Amount: $ 75,500 Mortgage Term: 30 year Fixed Mortgage Interest Rate: 6.250 010 Other Subsidy Amount: City of Boynton Beach - (Low - Income) To be determine Front End Ratio: 36.700/0 Back End Ratio: 39,52 0/0 Date:~ ~d1J07 Title: First Time Homebuyer Coordinator x. New Business: I. Consideration of a Commercial Fa~ade Grant to Yachtsmen Properties in the Amount of $15,000 ~~Y~T8~iC RA East Side.....West Side.....Seaside Rena'lssance AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: June12,2007 I Consent Agenda I Old Business I X New Business Public Hearing Other SUBJECT: Consideration of a Commercial Fayade Grant to Yachtsman Properties in the amount of $15,000 SUMMARY: The Yachtsman Plaza (1550 and 1600 N, Federal Highway) is site planned approved for a town home project. However, due to the downtown in the residential market, the owner, Yachtsman Properties has decided to keep the property as commercial. He does not foresee redeveloping the property for a minimum of five years. However, in order to attract new businesses to the plaza, the owner realizes that he must improve the property. Yachtsman Properties wants to repair and paint the roof, reasphalt the parking area, paint the exterior, and replace the signs and parking lights damaged by the hurricanes. The cost ofthe scope of work is $29,693,31. The applicant has demonstrated the financial capacity to complete the scope of work. FISCAL IMPACT: Up to $15,000 from budget line item 57200-238, RECOMMENDATIONS: Approve Yachtsman Properties request for a Commercial Fayade Grant in the amount of$15,000 for 1550 and 1600 N, Federal Highway, Llj{i~/ Vivian L. rooks Planning Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board Meetings\07 06 12 CRA Board Meeting - JuneWachtsman Plaza Commercial Facade.doc 2006/2007 COMMERCIAL FACADE IMPROVEMENT GRANT 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 liON Yachtsman Properties. LLC Name of Property Owner: Address of Property 3135 S Federal Hiahwav #315 Owner: City/State: Delray Beach, FL. Phone # Day: 561.243,1067 Zip Code: 33483 Evening: 561.243,1067 Legal owners and legal description of the property to be improved (please attach copy of warranty deed and lease, H applicable): COQuina Cove Sec. 1 & Yachtmans Cove Lot 19 If Different from Property Owner Name of Business: Address of Business: City/State: Zip Code: Phone # Day: Evening: Type of Business: Years of Operation: Number of Employees: 1 Annual Payroll: Q Number of Employees residing in Boynton Beach: Q 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 Fayade 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. . Doorslwindows. . 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 fac;ade improvements up to a total of fifteen thousand dollars ($15,000.00) of CRA funds. 6. The Fac;ade Grant program will honor expenditures completed up to 90 days prior to application, improvements underway and proposed improvements. 7. The Fac;ade 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. a4<;~ Witness 6/4107 (Date) Property Owner (Property owner's signature must be notarized) Witness Tenant/Business Owner (Date) (Date) D16//t7 (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, personally appeared t),.., cL--e.....J P k. I:-A. Co ~ e t-J, who is personally known to me or I produced :; I D t- 1 d. A '0 rr v (ilr' J...- 'I r ro;.::J spas identification, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is hislher act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this l../ .f..J.- day of ;J 0 ~ e ,200L. NOTARY PUBLIC ~~d~~ My Commission Expires: ~ ~p {, J..~, '"9-00 '7 .SUSAN E. HARRIS :T .. N~~ary PUblic, State of Florida "; 'VI>, Comm. # 00 248894 expIres: September 23, 2007 Ionf/tf"'-' .. Notfly 81Mces 6 Apr 06 07 12:07p M And M Asphalt 561 588 2140 M&M ASPHALTPAVEMENTMAlNT. CORP 1302 S 'J'ST LAKE WORTH FL 33460 (561) 518-0949 FAX (561) 588-2140 PROPOSAL FrldllY. April 6. 2007 ATTN: KOBY YACHTMEN'S PROP 1864 FEDERAL HWY BOYNTON BEACH FL 33435 PHoNE: 400 4428 FAX: 4!50 8242 JOB LOCATION: 1.800 N fEDERAL HWY AFTER EVALUAT10N OF YOUR NEEDS WE PROPOSE TO SUPPlY LABOR .!II MATERIAL TO: -RESEAL EXISTING ASPHALT SURFACE APPROXIMATELY 31.269 S.F. -APPLY SEAL ~ 2 CCMlS MECHANICALLY AGITATED .!II SPRAY APPLIED, USING 'STAR' ASPHALT PAVEMENT SEALER MEETING FEDERAl. SPECS (QSA.fSS) RP355-0 ClEAN AREA PRIOR TO APPUCATION PRIME LARGE OIL STAIN AREAS W/lATEX PRIMER APPLIED AS PER INDUSTRY STANDARDS. AT A COVERAGE RATE NOT 10 EXCEED .18 GALlS.Y, ASPHALT SEALER DOES NOT CORRECT WATER PROBLEN5. EXISTING CRACKS CAN BE SEALED TO MINIMIZE WATER PENETRATION. SEAl COAT IS A PROTECT1VE NOT A COSMETIC PRODUCT, -PAVEMENT MARKINGS WITH LATEX TRAFFIC PAINT MEETING F-D.O.T, SPECS 51 STAlLS 3 HANDICAP 51 CAR STOPS PAINTED 3 STOP BARS 1FIRE LANE 20 L.F, DOUBLE 4"UNE PRICE: $3,440.00 NOTE: INSTALL HANDICAP 5IQN AND POST e$1.!5O.oo/EACH WHERE 1IIa:&SNrt NOTE; M Ie M CAN NOT'M>>RK AAOUIIDCARS.IT IS MANMEMENlS AESPONSIBIUTY 10 ARRANGE FORVEHlCLE TOWING WHEN OWNERS FAIL 10 COMPLY WITH PAVING AIIID/OR SEAL COAT SCHEDULES ONE YEAR WARRANTY ON LABORAND MATERIALS TERMS srI. UPON ACCEPTANCE. BALANCE UPON COMPLETION ADDITIONALLY INSURED NOT INCLUDED SCRAPING OR PRESSURE CLEANING NOT INCLUDED DOES NOT INCLUDE PERMITS. TESTS, OR SPEaFlC REQUIREMENTS ENGINEERING, SURVEY AND LAYour BY OTHERS SAW CUT REMOVAL OF ASPHALT COVERS UP TO 2" PEBBLlNGIRA VELlNG IS NORMAL DURING THE CURE PROCESS SIGN II RETURN FOR SCHEDULING L~ DATE!..) (It I tJ1 ACCt::PTANCE . . ...... . ~f4~ a~~ PRINT p.2 Apr 06 O? 12:06p M And M Asphalt 56 1 ~t:U:I ~ 1 "U M&M ASPHALTPAVEMENTMAlNT. CORP 1301 S 'J'ST LAKE WORTH FL 33460 (561) 588-0949 FAX (561) 518-2140 PROPOSAL Friday, April 6, 2007 ATTN: KOBY YACHTMEN'S PROP 1864 FEDERAL HWY BOYNTON BEACH FL 33435 PHONE: 400 4428 FAX: 450 8242 JOB LOCATION: 1800 N fEDERAL HWY AFTER EVALUATION OF YOUR NEEDS WE PROPOSE TO SUPPlY LABOR Ie MATERIAL TO: REPAIR ASPHALT DAMAGE -REPAIR AS NECESSARY 13 DAMAGED AREAS UP TO 275 S.F. REPAIR BASE AS NECESSARV CLEAN AREA PRIOR TO APPLICATION APPLY EMUlSIFIED ASPHALT TAC COAT SUPPLYTYPE~II HOT PLANT MIX ASPHALT TO MATCH EXIST1NG. -RESEAL EXISTING ASPHALT SURFACE APPROXIMATELY 28.730 5.F, -APPLY SEALCOA, 2 COAlS MECHANICAllY AGITATED 6 SPRAY APPLIED, USING 'STAR' ASPHALT PAVEMENT SEALER MEETING fEDERAL SPECS (GSA-FSS) RP355-D CLEAN AREA PRIOR TO APPLICATION PRIME LARGE OIL STAIN AREAS W/LATEX PRIMER APPUEO AS PER INDUSTRY STANDARDS, AT A COVERAGE RATE NOT TO EXCEED .18 GAVS.Y. ASPHALT SEALER DOES NOT CORRECT WATER PROBlEMS. EXISTING CRACKS CAN BE SEALED TO MINIMIZE WATER PENETRATION. SEAL COAT IS A PROTEcnVE NOT A COSME1'IC PRODUCT. -PAVEMENT MARKINGS WfTH LATEX TRAFFIC PAINT MEETING F-D.O.T, SPECS 60 STALLS 60 CAR STOPS PAINTED PRICE: $3,750.00 NOTE: M. M CAN NOT WORK AROUND CARS. rr IS IlANMEllEIITS RESPOIISIBIUTYTO ARRANGE FOR VEHICLE TOWING WHEN OWNERS fAIL TO COMPLY WITH PAYING AND/OR SEAL COAT SCHEDULES ONE YEAR WARRANTY ON LABOR AND MATERIALS TERMS 50"/. UPON ACCEPTANCE, BALANCE UPON COMPLETION ADDITIONALLY INSURED NOT INCLUDED SCRAPING OR PRESSURE CLEANING NOT INCLUDED DOES NOT INCLUDE PERMITS, TESTS, ORSnOFlC REQUIREMENTS ENGINEERING, SURVEY AND LAYour BY OTHERS SAW CUT REMOVAL OF ASPHALT COVERS UP TO 2" PEBBLINGIRA VELING IS NORMAL DURING THE CURE PROCESS SIG"'EIUlUlFORSCHEllU~ L h I / DATE1/~/dJN;CE~ANCf. 1. -PRINT /!~ r; ~ p. 1 05/31/2007 22:33 FAX ~YV"VVl - _0- -. - .--.--.---- ~ Roofing Co. .. 1015 N.W. '1st Aftn... · Pompano Beacta, .... 3soet ; I'M) .7........ F_ (85'1) .7441411' een. 1-) 234-1_ ". '" NEW ROOFS AND REPAIRS ~ nu ESftIIIA1U INVOICE r DAn q-/o 7 . lJClNRD' INIUIIlD CCC-DU101' ....... TO SOI.O TO STRHT . ItO em ITEM QUAK'N1'V lvlay I \J \J, V""""'fJ I 'VLJ L..~QV\.II" 'JV It IV Rea ELECTRIC CO. INC. 1330 w. INDUSTRIAL AVE BAY #110 BOYNTON BEACH, FL 33426 PH 561-498-0667 FAX 561-742-4166 NAME/ADDRESS YACHTSMAN PROPERTrES 3135 S FEDERAL HWY.,'31S DELRA Y BEACH, FL 33483 DESCRIPTION REPLACE 2 DOORS FOR POWER MODULE REPLACE 2 COMPLETE UGHf FIXTURES REPLACE 1 PHOTO ELECTRIC RECEPTACLE WILEADS TAX FREIGHf AERIAL TRUCK SERVICElELECTRlCIAN Estimate 4!2fJJ2001 405 DATE ESTIMATE NO. Ship To 1550 &: 1600 N FEDERAL fillY (2) LIGHT FIXTURES & PARTS AD REP PROJECT Orf COST 2 2 1 104.00 532.00 96.00 44.46 150.00 96.00 10 TOTAL TOTAL 208.00 1,064.00 96.00 44.46 150,00 960,()() $2,522.46 8466 COCONUT BLVD WEST PALM BEACH,FL 33412 PH:561-798-4331FAX:561-798-3045 POMPANO 954-969-8220 Estimate I Contract DATE ESTIMATE # 4/19/2007 1695 Sold To: YACHTSMAN PROPERTIES 3135 S. FEDERAL HWY STE# 315 DERA Y BEACH, FL 33483 561-400-4428 KOBY COHEN FAX# 561-450-8242 Job Location 1550-1600 N. FED HWY BOYNTON BEACH, FL P.O. NO. TERMS DUE DATE REP PROJECT 50% DEPOSIT REQ. 4/19/2007 EWS QTY ITEM DESCRIPTION UNIT PRICE TOTAL 6 MISC 8' 2" X 2" RETAINERS 45.00 270.00T 6 MANUF ACI1JTRE TO MANUFACTIJRE AND INSTALL 2' X 12' 3/16 320.00 1,920.00T PLEX FACES ($125.00 PER SIDE FOR 1 COLOR LETIERING) 1 REMOVAL TO REMOVE TIlE TOP OF A STEEL FRAME 500.00 500.00T 4 LABOR HOUR(S) LABOR INCLUDES PAINTING OF POLE 85.00 340.00 SIGNS $ DEPOSIT IS DUE AT SIGNING. $ BALANCE DUE UPON. COMPLETION. Permits and engineering are additional if required. All signs are the property of Beach Signs, Inc. until paid in full. Landlord's permission is the sole responsibility of the customer. All materials are to be as specified. All work: to be canpleted in a workmanlike manner in accordance with accepted industry standards. Any alterations or deviations from the specifications above involving addtional cost will be done only upon written order and will become an addtional cost over and abo\e the price stated. This agreement is contingent upon strikes, accidents, or delays beyond our control. Beach Signs, Inc. reserves the right to remove any and all signs and related materials from premises if payment is not made in full according to the terms and conditions set forth in this agreement PAYMENT IS DUE UPON COMPLETIION. 1.5% PER MONTII WILL BE CHARGED ON UNPAID BALANCES. SALES TAX $174.85 TOTAL ~ ~ ~ $3,204.85 -'" / /' f7 _.. "--- ./ \.. -- SIGNATURE PRIME PAINTING, INC. 8892 180TH AVE. North - West Palm Beach, Fl. 33470 Office (561) 791-8838 - Fax (561) 792-7864 - (800) 877-9727 APRJL '].7, '].007 ..-) ATI: MR. COHEN (561) 400-4428 1600 FEDBRAL HWY. BOYNTON BEACH, FL. 33435 CONTRACT AGREEMENT: TIDS AGREEMENT, Submitted between PRIME PAINTING, INC. hereinafter referred as CootractOl", and hereinafter called the owner, WHEREAS, PRIME r AlNTING, INC., hereinafter referred as Contractor and the Owner for the consideration hereinafter named agrees as follows: The Contractor shall perform all work required by this contract, according to Benjamin Moore & Co. Specifications, and furnish all of the materials and perform all of the work in a workmanlike manner for the following described property, to wit: A. SCOfE OF WORK: BUILDING 1600 FEDERAL HWY., EXTERIOR RE-PAINTING 1. Bleach wash to kill mildew as necessary and pressure clean all surfaces to be painted, 2. Apply clear sealer to all direct weather exposed masonry surfaces and areas to be caulked and patched, 3. Patch all masonry/stucCO cracks. 4. Caulk all door and window frames, S. Apply one finish coat to all exterior masonry surfaces. 6. Properly pJep8I'e and apply one finish coat to all eltterior metal doors, drip-caps. 7, Properly prepere and apply one finish ooat to !11 exterior wood fascia and trim, B. WORK TO U EXCLUDED IN THIS fROJlQ.:. 1. All metal window, and screen frames. ----~.---------_.----------------------------------------------------------------------------------------------- Page 1 of3 High Rise Painting and Waterproofing - Commercial and Residential - Licensed, Insured &: Bonded 01.4) nm:SH COAT: Apply .... _t of BCIIj_ln MooR Sa.......... Low.II..... Aerylle L.to Hu_ PoUlt NI8S, .. 3.8 ..ib wet to .chine .t least 1.1 dry film tbickness. 1.5\ METHODS OF API!LICAnON: Roll, brush, spray .nd b.du'olHng. 2.0) ME1AL SURfACES TO BE P AIN--DI!l (1) DOORS (1) DRIP-CAPS. All surfaces must be sand, free of grease, oil, mildew, dirt and shall be cleaned in accordance with SSPC- SPI-63. "Solvent cleaning", followed by removal of all loose rust and peeling paint by use of band tools or power tool cleaning. Rusted surfaces to be cleaned in accordance with SSPC-SP2-63, "Hand tool cleaning" or SSPC-SP3-63, "Power tool cleaning, After proper cleaning spot-prime with Benj.miD Moore rriDaer #369. 2.1) FINISH COAT: (1) BenjamiD Moore Moorglo Soft-Closs Acrylic #096 (1) BenjamiD Moore super-spec Low-balm Acrylic L.ta. House Pablt #185 3,0) WOOD SURFACES TO BJ'. PAINTED: FASCIA AND TRIM. }, Remove all peeling, blister, and scaling paint to a sound substrate by scraping and sanding. Where bare wood is exposed spot-prime with one coat of Benj....iD Moore's Moorwood Es;terior primer .... 2.Mildew must be removed by cleaning with a commercial mildew wasb, followed by thoroughly raising the surfaces after the mildew has been killed. 3.1) FINISH COAT: BeDjamia Moore Super-spee Low-lustre Acrylk L.tu HOUle '.int #185 CONTRAC't-~CE: For all specified in the Scope of Work,.....,................,...............................""""""'" $479800 .........,............ , . (price subJeet to ch.nce after June 17, 1007) Substitute pigmented sealer for clear sealer ADD 5500.01 Colol' paint choice: ( ) Initials PAYMENT TERMS: $4,798.00 Total amount d~e ~pon completion and final inspection Approval of bwlding by Ownel' and Paint Company if required Date Authorized Signature" Title Authorized Signature & Title Prime Painting, lnc, Date Page 3 of3 PRIME PAINTING, INC. 8892 180TH AVE. North - West Palm Beach, Fl. 33470 Office (561) 791-8838 - Fax (561) 792-7864 - (800) 877-9727 APRIL %7,2007 ATT: MR. COHEN (561) 400-4428 1550 FEDERAL HWY, BOYNTON BEACH, FL, 33435 gmJRACf AGREEMENT: THIS AGREEMENT, Submitted between PRIME PAINTING, INe. hereinafter referred as Contractor, and hereinafter called the owner, WHEREAS, PRIME PAINTING, INC., hereinafter referred as Contractor and the Owner for the consideration hereinafter named agrees as follows: The Contractor shall perfonn all work required by this con1ract, according to Benjamin Moore &, Co. Specifications, and furnish all of the materials and perfonn all of the work in 8 workmanlike manner for the following described property, to wit: A. SCOlJ OF WOR& BUILDING 1550 FEDERAL HWY., EXTERIOR RE-PAlNTING I. Bleach wash to kill mildew as necessary and pressure clean all surfaces to be painted, 2. Apply clear sealer to all direct weather exposed masonry surfaces and ueas to be caulked and patched. 3. Patch all masonry/stucco cracks, 4. Caulk all door and window frames. s. Apply one finish coat to all exterior masonry surfaces. 6. Properly prepare and apply one finish coat to all exterior metal doors, drip-caps. 7. Properly prepare and apply one fmish coat to all exterior wood f~cia and trim. B. WOIY< TO B~ EXCLUDED IN THIS PROJECT: 1. All metal window, and sc:reen frames, Page I of3 ----------------------------------------------------------------------------------------------------------------- High Rise Painting and Waterproofing - Commercial and Residential - Licensed, Insured &. Bonded 2, All roofs, fences, decks, light fixtures. 3. Anything not specifically mentioned in the scope of work. c. G~ERAL TERMS AND CONDITIONS: 1, WARRANTY: IfleaJdng through exterior stucco, or peeling or blistering of stucco occurs within (7) seven year period, materials aDd labor shall be furnished to remedy the occurrence at no cost to the homeowner. Contractor is not responsible for structuI'8l faults, fire, hurricane, abuse, lightning, acts of god, or any and all faults not directly attributable to faulty materials or workmanship. 2. ProteetioD of prooertY: Prime Painting, Inc. shall provide all labor, supervision, materials, equipment, insurance, license and pennits necessary to complete the work specified in 8 professional, timely and workmanlike manner, 3 StORlie: The Contractor will be responsible to maintain and leave it free from fire hazards relating to improperly stored rags or thinners. 4, Removal: Upon completion of painting a house or building, it shall be left in a clean and orderly condition, and all paint spatters contaminated rags and trash removed. 5, Upon completion of the job, the painting Contractor is to remove all surplus materials, scaffolds, etc, from the premises that relate to this trade. He shall clean all window glass of paint spatter and remove paint that has been misplaced on other swfaces. 6. The Owner shall be responsible for the trimming back of any landscaping and removing screen areas that would prevent a specified surface from being painted. 7. All said materials shall be delivered to the job-site in clearly labeled, sealed original factory containers and will be applied in accordance with the manufacture's label instructions. 8. The residents shall be responsible, after proper notification by Prime Painting, lnc, for removing all personal property that could be damaged or impede the progress of the wQrk. 9. The Owner shall allow Prime Painting, Inc. to use, free of charge, the necessary power and water to carry out the wade.. 10. Upon completion of the work, Prime Painting, Inc. shall be responsible for the cleaning and repair of any such property that has been soiled or damaged as a result of the work performed. 1.3\ PRIMER: After proper surface preparation apply ODe toat of BeDjamin Moore JX Acrylic MasoBry Clear Sealer to all malOary nrfaees. Page 2 of3 01.4) Ji'lNISB COAT: Apply ODe coat ofBeaJamiR Moore Super-tpet Low-lustre Acrylic Latex House Palet ##185, at 3.8 mils wet to achieve at leut 1.1 dry film thielmettl. 1.5l METHODS OF APPLICATION: RoO, bna.b, Ipray and backrolUnI. 2.0) METAL SURFACES TO>> PAINTED: (1) DOORS (1) DRlP-CAPS. All surfaces must be sand, free of grease, oil, mildew, dirt and shall be cleaned in acoordanc:e with SSPC- SPI-63. "Solvent cle8l1ing". followed by removal of all loose rust and peeling paint by use of band tools or power tool cleaning, Rusted surfaces to be cleaned in accordance with SSPC-SP2-63. "Hand tool cleaning" or SSPC-SP3-63, "Power tool cleaning. After proper cleaning spot-prime with BeIIjamill Moore Primer 1#369. 2.1} FINISH COAT: (1) Benjamin Moore Moorc1o Soft-clOD Acrylic N096 (2) Benja1lliD Moore Super-spec Low-lustre Acrylie Latu House Paint 1#185 3.0) WOOD SURFACES TO BE PAINTED: FASCIA AND TRIM. 1. Remove all peeling. blister, and scaling paint to a sound substrate by scraping and sanding. Where bare wood is exposed spot-prime with one coat of Benjamin Moore's Moonvood Exterior Primer 1#094. 2.Mildew must be removed by cleaning with a commercial mildew wash, followed by thoroughly raising the swfaces after the mildew has been killed, 3.n J'INISH COAT: Ben,jalDm Moore Saper-spec Low-luke AuyUc Latex HOUle Paint ##185 gmTRACf PRICE: For all specified in the Scope of Work..,............................,...,...............,..........,.............................$4,798.00 (Price subject to cbange after JURe 17, 2007) Substitute pigmented sealer for clear sealer ADD $500.00 Color paint choice: ( ) Initials fAYMENT TERMS: $4,798.00 Total amount due upon completion and final inspection Approval of building by Owner and Paint Company if requixed Authorized Signature &. Title Date Authorized Signature & Title Prime Painting, Inc. Date Page 3 of3 PRIME PAINTING, INC. 8892 180TH AVE, North - West Palm Beach, FI. 33470 Office (561) 791-8838 - Fax (561) 792-7864 - (800) 871-9727 May 23, 2007 ATT: MR. COHEN (561) 400-4428 1600 FEDERAL HWY. BOYNTON BEACH, FL. 33435 CONTRACT AGREEMENT: TIDS AGREEMENT, Submitted between PRIME PAINTING, INC. heteinafter referred as Contractor, and hereinafter called the owner. WHEREAS, PRIME PAINTING, INC., hereinafter referred as Contractor and the Owner for the consideration hereinafter named agrees as follows: The Contractor shall perform all work required by this contract, according to Benjamin Moore &. Co. Specifications, and furnish all of the materials and perform all of the work in a workmanlike manner for the following described property, to wit: A. SCOPE OF WORK: BUILDING 1600 FEDERAL HWY., EXTERIOR RE-PAlNTING 1. Bleach wash to kill mildew as necessary and pressure clean all roof tiles surfaces. 2. Apply pigmented sealer to all roof tiles surfaces. 3. Apply one finish coat to all roof tiles surl'aces, B. WORK TO BE EXCLUDED IN TIllS PROJECT: Anything not specifically mentioned in the scope of work. l.n PRIMER: After proper surfa~e preparation apply ODe coat of Benjamin Moore JX Acrylic Muoery Pigmented Sealer to aU roof tiles ..rI.ftI. Page 1 of2 ----H~;;~~~-;~ti;-~~-;~~~~---~~~~~~~;:~~-~esi~~~;:~-~i~~~~-i~;~-~-~:~d~------ 1.%) FINISH COAT: Apply ODe eoa' of Beaj..iD Moore Roof SlIper-Spee Seuai-Gloss, at 3.8 ..Us wet to _bieve at "'at 1.1 dry fibD. thidmell. 1.3) METHODS OF APPLICATION: RoD, brush, spray a.d baelu'olUDg. CONTRACT PRICE: For all specified in the Scope of Work........,... ...... ......... _ ................................,................,..,.. .........51,600.00 (price 8uhjed to cbange after July 13, 1007) Color paint choice: ( ) Initials PAYMENT TERMS;. $1,600.00 Total amount due upon completion and final inspection Approval of roof tiles by Owner and Paint Company if required Date Authorized Signature & Title Date Authorized Signature & Title Prime Painting, lne, Page 2 of2 PRIME PAINTING, INC. 8892 t80TH AVE. North - West Palm Beach, FL 33470 Office (561) 791-8838 - Fax (561) 792-7864 - (800) 877-9727 May 13,2007 ATI: MR. COHEN (561) 400-4428 1550 FEJ;>ERAL HWY, BOYNTON BEACH, FL. 33435 CONTRACT AGREEMENT: THIS AGREEMENT, Submitted between PRIME PAINTING, INC. hereinafter referred as Contractor, and hereinafter called the owner, WHEREAS, PRIME pAINTING, INC., hereinafter referred as Contractor and the Owner for the consideration bereinafter named agrees as follows: The Contractor shall peJfonn all work. required by this contract, according to Benjamin Moore & Co. Specifications, and furnish all of the materials and perform all of the work in a workmanlike manner for the following described property, to wit: A. SCOPE OF WORK:. BUILDING 1550 FEDERAL HWY., EXTERIOR RE-PAINTlNG 1. Bleach wash to kill mildew as necessary and pressure clean all roof tiles surfaces. 2. App)y pigmented sealer to all roof tiles swfaces. 3. Apply one finish coat to all roof tiles surfaces. B. WORK TO BE EXCLUDED IN 11JlS PROJECT: Anything not specifically mentioned in the scope of work, l.ll PRIMER: After proper I.dace p.-eparation apply one eo.t of Beaj....in Moore JX Acrylic Muonry Pigmented Sealer to .U roof met surfaces. Page 1 of2 ----~~;;i;;;~~-~~-;~~~fi~;-:~~~~~~~l;~-i~sii~~~:i-~i:~~~-;~ &-~onded ----- 1.2) FINISH COAT: Apply ODe coat of BeDjamin Moore Roof Super-spee Setld-Gloss, at 3.8 mils wet to achieve at least 1.1 dQ' film thielm"'. l.3l METHODS OF APPLICATION: RoD, bl'Ulh, spray ad backrolliag. CONTRACT PRICE: For all specified in the S<:ope of Work...........,... ............., n." ..............,.. .........., ...... ,........... ..,........ .SI ,600.00 (Price subject to change after July 23, 2007) Color paint choice: ( ) Initials PAY~NTTERMS: $1,600.00 Total amount due upon completion and final inspection Approval of roof tiles by Owner and Paint Company if required Date Authori~d Signature & Title Date Authorized Signature &, Title Prime Painting, Inc. Page 20f2 JOB INVOICE To ~ '::to-: '" -\--- ~ "~ I \iC DATE ORDERED PHONE NO. JOB LOCATION ~\, JOB PHONE Gl " 3S"z.~ bS"S""Z/ TERMS MATERIAL - l...:. a~adams NC2817 JOB INVOICE TOTAL LABOR , TOTAL MATERIALS , TOTAL MISCELLANEOUS , , , SUBTOTAL , TAX , GRAND TOTAL , WORK ORDERED BY DATE ORDERED DATE COMPLETED ... CUSTOMER APPROVAL SIGNATURE AUTHORIZED SIGNATURE ~~/~~/~~~I ~~:~L ~tlLtltl<+~~"tl HLL. Hf..It:..~.I.\JHI"t M~nHL.' I.............. U.JI "'"'V CONTRACT ~~~ ~=====!.~ ~=~=~~!I, ~~~ 4311 Okeeebobee Blvd. #46. West Palm BeaclliFL 33409. OffIce: 561-684-9183. Fax: 561:a4-9S36 to be performed at ca.'PACi \'JffiI 'JISRII. TION ROu.EIl. COMPlETE PAVING TOTAL. SQ,FT. 0 1 G1WlE GRA\9. AREA so. FT. FOR PROPER IlRAlN^GE 0 7 ANI) <:a.FACT)WTH \ll8RATORV ROlI.fR. 0 2 R9tOYS exIST1NG CAR STOPS At<<) REPl.Ja ON NEW PAva.ENT a 8 0 3 AT c:or;cc:u::n: OOT JOINTS. RtMOIIC AC1'tIALT. 0 4 fEM)YE wae OF DIRT At<<) REFU a 9 \'flTH Of UMESTONE TOTAl SQ.I'T Q 10 0 5 RalCl'T= BROKEN A$PlW. T. TOTAl sa. FT. 0 6 iEtoIOYE IIROKEM CCKRET'E TOTAL SQ. FT. Ban an Develo ent 3320 Delray Bay Dr. *307 Delray Beach, Fl. 33483 fax (561)450-8242 cell (561 ) 400-442.8 PROXIMATE START DATE RESURFACING TOTAL o GRADE GRAVElAAEJ, 55,000 SO. FT. SQ. FT. FOR PROPER DRAINAGE !l.~ CCItI'ACf wml VIBRATORY ROUfR o 2 REKM EXISTING CAR SToPS ANtI REPlACE ON NEW PAVEMENT o 3. AT ~ BVT JOMS. REMOVE ASPHAlT. CiA"' ;ooe~ DIRT. el 5 RBIOIJE 2 " ilROI<EH ASPHAl. T. TOTAl. SQ. FT 5 0 0 o 6 RBolOIIE 8ROl<EN CONCRETli TOTAl. sa. FT. Q 7 ~ INt".HF!\ OF I1IRT ANI1 RFFlIl WIT't; OfUME'SlONE TOTAl. so. FT. 1550 & 1600 N Federal H .' Boynton Beach, Fl. d* of plens 5/21/07 ~oby cohen contact FINISH DATE ~ FllllC1ll AREAS WITM BASE ASPHALT. POWER ClEAN ENTIRE AREA.. SPRAY AREA WITH weeD KILlER APPLY BONDING COAT. o 9 o 10 O~. Elf 12 ~. ~. INCHES OF S - 3 ASPHALT MACHIKE APPlY 2 ')00 TOTAl SQ. FT. 5TRIPE LOT TO OWNERS IImRUCTlONS WITH TRAFFIC PAINT. APPI. V 2 COATS OF' COAL TAR EMUlSION OVER 55,000 SQ.". APPI. Y 8ClN01NG COAT. SPRAY AREA WITH WEEOKlU.ER MACHINE APPl. Y It<<:HES OF ASPHALT "TOTAL sa.". $TRIPE lOT TO OWNERS INSTRUCTlONS WITH TRAFFIC PAINT. A1'f'l y COATll (J" COAl TAR EMUlSION OVER SO. FT. We pl'Opo5C to bercby hnabh material _d labor .. complc:tc: ill ~.aee with abow lJMCifieatioll&, for tile Illm of: DEPOSm SOT REFl;\l"'DABLE FOR A.....-y REASO!\i EXCi:PT BY CANCELLATION Of Al.L AMERICAN ASPRAL T. u.c SOTE; THIS CO~'TRACT )fA" 8t \\'1THDR"~~ BY lS~F SOT .-\CCEP1'tD :'</ M.I1tOtu.zEO SICS.~ Tt:RE 30 DAYS l'.. _.;., _...._..-y.....-..-... -,.. -..-.,... .. ......._ Ai-...... io ___ rOO'_..-... \hu Cb~li.. Pa~'abk 10: GEORGE STEVESS ONE YI;AR WARRANTY n toTe- 6'''- ..rY....,..... " ..... ....-.:,.,. ...., IDS'- total 7900.00 Idown start 3950.00 upon oomplotion 3950 00 FRnM :Rf1r.KY'S PATNTlNl1 SFR\Hr.FS, TNC:. FAX t-rl. :~AffiR.17 MM~. P\7 ?m7 11: P\hPM P1 ROCKY'S PAINTING SERV'CES~INC PAINTING CONTRACTOR PROPOSAL No.050 FROM; ROCKY'S PAINTING SERVICES, INC. 13411 SW 82 ST. MIAMI, FL. 33183 Phone: 30~1 Fax: 305- 408-9837 ~ropolial submittlild to: lit. Koby COHEN Work b bP. ~ at" 15.'jO N FFnFRAI HWY BOYNTON DEACH.FL.33043~ DATE: 0510712007 We hereby to fumish the labor necessary for the completion of: . WALLS. CEIUNGf & TRIM : SCOPE OF WORK: - Pressure Cleaning. . EI8stomeric Vink>>c petching for cracks, - Appty dear seeler, - Apply }jlJIJ:oats Finish Paint. . CaulkMf"round wi""". - .,.... ......nlf. equipment and ....unnoe are included. . LABOR PRICE: TWO SHOPING.'i NORTH A SnUTH .......... ..S8.000.00 /OI1)OOM NOTle I"talllt 1ft....... ... ....1...lu... 1ft tltla ,riM. ~e~~. KOBY COHEN ~~/~O/,V~( ~Q.~( ~O~-":'''+(-(.:lOC ~.LU1""~ , .LU1...,;:;, ,MU~ UJ. WWW.SIGNSATI )NS.COM Date Estimate SIGN~ATION" sales@signsatl'lI'l5.com 512312007 8465 STATE U::ENSED SIGN CONTRACTOR ET11oo08oo 5425 N. Dixie Highway, * I:LECTRICAL SIGNS * Boca Raton, FL 33487. .. NEON ~.IGNS * CHANNEL LETTERS ... * MONUMENT-MARQUE* Tel: 561 9891900 ... C;USTOM SIGN SHOP * Fax: 561 9891999 Palm l188ch County U.20738 U-20464 Brow8rd County CCMJI~E-1318-R CC#C)7-CESM.14009.R Customer Job Address I Established 1994 Banyan Development 1550 & 1600 N. Fed Attn Koby Cohen Boynton Beach T, 561 243 1067 F, 561 39-4- i82911 :;l.. l/ 50 - -;).l.{ Temns P.O. No. Project Oue at time ofinslalllr ion Qty Description Rate Total 1 Replace 2 x 10' x 2' acrylic faces replace missing trim, 800,00 800,OOT repaint pole and cabinet Replace 3 x 10' x 2' acrytic faces replace missing trim, 1,200.00 1,200,OOT remove damaged top, repaint pole and cabinet Paint existing light boxes over stores 600.00 600.00T Subtotal $2,600.00 This estimate is valid fl)r . Terms accepted by Sales Tax (6.5%) $169,00 30 days only. Any alteration or additions \Ifill Total $2,769,00 Name involve extra costs, AI r material will remain th! 50% due on acceptance property of signsationi; Date until paid for in fUll. of estimate This instrument prepared by, record and return to: RENEE' M. WILMOT, ESQ. 321 East Hillsboro Blvd. Deerfield Beach, Florida 33441 Tax Folio Nos.: Parcel No.1: #08-43-45-22-20-000-0190 Parcel No.2: #08-43-45-22-06-000-0630 Grantee's Tax LD. No.: 20-2841187 SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED is made as of the 1st- day August, 2005, by JAMES BATMASIAN, a/kla JAMES H. BATMASIAN, a married man ("Grantor"), whose address is clo 215 North Federal Highway, Boca Raton, Florida 33432, to YACHTSMAN PROPERTIES, LLC, a Florida limited liability company ("Grantee"), whose address is c/o 321 East Hillsboro Blvd" Deerfield Beach, Florida, 33441. ' WITNESSETH: That the Grantor, for and in consideration of the sum of TEN AND 00/100 DOLLARS ($10.00) and other good and valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all right, title and interest in that certain real property situate, lying and being in Palm Beach County, Florida, as more particularly described on Exhibit "A" attached hereto and incorporated herein by reference (the "Property"). SUBJECT TO: 1. General and special taxes or assessments for the year 2005 and subsequent years. .- 2. All matters as listed on Exhibit "B", attached hereto and made a part hereof, without reimposing or reinstating the same, 3, Applicable zoning ordinances, codes, rules and regulations. 4. Rights of tenants in possession under unrecorded leases, provided that same do not contain options to purchase or rights of first refusal except as spedfiCally disclosed to grantee, in writing, prior to the date hereof. TOGETHER WITH: a. All right, title and interest of Grantor, if any and without warranty, in and to all strips and gores, and any land lying in the bed of any street, road or ally, open or proposed, adjoining such Property; and b, All the tenements, hereditaments and appurtenances thereto belonging to or in anywise appertaining, and the reversion or reversions, remainder or remainders, rents, issues and profits thereof, TO HAVE AND TO HOLD the same in fee simple forever, AND the Grantor warrants the title to said Property and will defend the same against the lawful claims of all persons whomsoever claiming by, through or under the Grantor. IN WITNESS WHEREOF, the Grantor has caused this instrument to be executed as of the day and year first above written, Grantor: Signed, sealed and delivered in the presence of: TMASIAN a/k1a ATMASIAN, a married man Sign Na Print Name: STATE OF FLORIDA ) ) COUNTY OF PALM BEACH ) The. foregoing Special Warranty Deed was acknowledged before me this I s!-day of August, 2005, by James Batmasian alkla James H. Batmasian, who is personally known to me or has produced a driver's license as identification. ~f;~:~~~ Notary Public . . none ifblank): SUSAN M. PASZKO MY COMMISSION' DO 071810 EXPIRES: December 20, 2005 Booded Thru-\ludget NolaI)' SeNtces My Commission Expires: [NOTARIAL SEAL] Doc# 1172v 1 7/29/05 ,. .; "".~;. ~~~ *M* ~ " "I,.. ~Q ~OFf\.U"- EXHIBIT" A" Parcel No.1: Lot 19, Yachtman Cove, according to the Platthereof, as recorded in Plat Book 31, Page 225, of the Public Records of Palm Beach County, Florida. Parcel No, 2: Section 1, Coquina Cove, according to the Plat thereof, as recorded in Plat Book 24, Page 14 of the Public Records of Palm Beach County, Florida, LESS the right of way for U.S, Highway #1 (State Road 5), N.B. "The Grantor by his execution of the Special Warranty Deed affirms that the real property described herein is not the homestead of the Grantor nor does it abut the homestead of the Grantor. The Grantor further affirms that the property described herein is currently used for shopping center usage," 3 EXHIBIT"B" Parcel No, 1: 1. Restrictions, conditions, reservations, easements, and other matters contained on the Plat of Y achtrnan' s Cove, as recorded in O. R. Book 31, Page 225, the Public Records of Palm Beach County, Florida. 2, Easement in favor of Florida Power & Light Company, dated January 27, 1982, filed for record March 8, 1982, in O.R. Book 3685, Page 532, 3. Easement in favor of Florida Power & Light Company, dated January 27, 1982, filed for record March 8, 1982, in O,R. Book 3685, Page 531. Parcel No.2: 1. Restrictions, conditions, reservations, easements, and other matters contained on the Plat of Coquina Cove, as recorded in O.R. Book 24, Page 14, the Public Records of Palm Beach County, Florida. 2. Right-of-Way contained in SpeCial Warranty Deed from J, Morgan Mcjunkin and Eugenia A. McJunkin, his wife to the State of Florida recorded in O,R. Book 606, Page 198, of the Public Records of Palm Beach County, Florida. 3, Easement to City of Boynton Beach, Florida, recorded in O,R. Book 2636, Page 1289, in the Public Records of Palm Beach County, Florida, 4, Easement to Florida Public Utilities Company recorded in Q,R. Book 3896, Page 1731, of the Public Records of Palm Beach County, Florida, 5, Indemnification Agreement recorded in O.R. Book 3898, Page 893, of the Public Records of Palm Beach County, Florida, 6, Easement in favor of Florida Power & Light, recorded in O.R. Book 3898, Page 884, of the Public Records of Palm Beach County, Florida. 4 Yachtsman's Plaza fa~ade renovation program. To provide 1550 and 1600 North Federal Highway (Yachtsman's Plaza) with a facelift the following areas have been identified. . Repair and or replace, broken, damaged or missing barrel roofing tiles. This project began during the fIrst part of May and has been recently completed. (Gomez Roofmg Co. $4,250,00) . Patch damaged or recessed areas in the plaza parking lot. This work is scheduled for June 4th, . To rejuvenate as well as further protect the asphalt both parking surfaces will be resealed and re-striped. (M&M Asphalt $7,190) . The parking lots elevated lights will be replaced and or repaired where ever need. This includes replacing missing or damaged photo electric receptacles, power modules and full fixtures, (RCB Electric $2,522,46) . The Plaza's two monument signs will have new acrylic face plates created, Missing and or damaged retainers will also be replaced, and the sings will be repainted. (Beach Signs $ 3,204.85) o Additional all roof mounted light box fIxtures will be painted to help unify the Plaza's signage . The Plaza will also be receiving a new look via a change in the roof tile and exterior stucco color, The roof tiles, stucco wall and cement walkways will be bleached washed and pressure cleaned in preparation for painting. A clear sealer will be applied to all direct weather exposed masonry surfaces. Stucco cracks will be repaired and filled, while all doors and windows are caulked. A finish coat of paint will then be applied and properly sealed. Once complete this project will see the roof, masonry, trim, doors and windows receiving a fresh coat of paint.(prime Painting $12,796) Work not yet completed is scheduled and will be completed no more then 30 days after the awarding of the grant, weather permitting. - Proiect Budget: Gomez Roofing Co. M&M Asphalt RCB Electric Beach Signs Prime Painting ($29.693.31 ) $4,250.00 $7,190 $2,522.46 $3,204.85 $12,796 " it. +, L L_ ') ~,..>""" . .'~ '~. >' ..'~. ;.' . .""~, .'t" -~ .~ ) :) 1. :) .~ .~ i, :J J '\ " " :J '\ \. " x. New Business: J. Consideration of Funding Sandra Dinnall $50,000 from the Homebuyers Assistance Program ~qY~Te~ICRA East Side"'West S'lde...Seaside Rena'lssance BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: June12,2007 AGENDA ITEM: I Consent Agenda Old Business I X I New Business Public Hearing Other SUBJECT: Consideration of funding Sandra Dinnall $50,000 from the Homebuyers Assistance Program SUMMARY: Ms. Dinnall is purchasing a unit at The Preserve (see attached). Her family income has been certified to be below the 120% of median household income. FISCAL IMPACT: $50,000 from Bond II proceeds. RECOMMENDATIONS: Approve $50,000 from the Homebuyers Assistance Program budget to assist Ms. Sandra Dinnall to purchase 1948 NE 5th Street, The Preserve subject to execution of the CRA's mortgage and note at closing of the property. c&ro1h Planning Director T:\AGENDAS. CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board Meetings\07 0612 CRA Board Meeting - June\Dinnall HAP.doc Purchase Price Closing Costs Sandra Dinnall 1948 NE 5th Street The Preserve $ 239,990 $ 11 ,726 $ 251,716 Deposit 1 st Mortgage CRA HAP County SHIP L1SC $ 7,700 $108,600 $ 50,000 $ 75,000 $ 10,416 rrc BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION POST OFFICE BOX 337 . BOYNTON BEACH, FL 33425-0337 · PALM BEACH COUNTY PHONE (561) 752-0303 . FAX (561) 752-0302 Date: June 6. 2007 Client Name: Sandra Dinnall Address of Property Being Purchased: 1948 NE 5th Street The Preserve at Boynton Unit 209 - BLGD 209 Boynton Beach, FL 33435 Verified Annual Income: $41,364.00 Family Size: 3 Purchase Price: $239,990.00 Maximum Mortgage Amount: $108,500.00 Mortgage Term: 30 year Fixed Mortgage Interest Rate: 5.750% Other Subsidy Amount:: Requesting Subsidy for CITY of Boynton and HOP Program - To be Determine Front End Ratio: 33.74% Back End Ratio: 38.42%) Dee Ott from Liberty Mortgage -Requesting $50,000 from CRA of Boynton. Ms.Dinall Funds/Grants to Close: $135,815.53 EARLY SUMMER CLEANUP HEART OF BOYNTON POINCIANA HEIGHTS -Saturday, June 16, 2007- 8:00-10:00 A.M. Cherry Hill Mini Market Please Join Your Neighbors and Friends in a Fun Morning of Pride TAKE PRIDE IN BOYNTON Join the C.R.A.--- The Community Relations Board-The Heart of Boynton Associations--our Churches-and our School Children in this morning of Pride. Together We Can Make A Difference ---------------NEIGHBORS HELPING NEIGHBORS--------- Call Doris Jackson 732-0333 ----Brian H. MIller 523-1447 Gertrude Sullivan 732-1205-- free t- shirts and water for all a...._~.II~;.. ..~ __ " - '..1 Seacrest Village Analysis of Intown Proposal and Preliminary Financial Feasibility Recommendations 1:i'A" l~ f') l' .. Economic. R....rch Assocla.... ~!lIlIi"~ ___ - - '... Overview · Scope of Work . Comparison of Intown & Alternative Development Scenarios . Market Timing-Changes in Market Conditions Since 2005 · Review of Intown Proposal (Fishkind) · Review of Alternative Development Scenarios · Next Steps .. 1:~( ~ p <..' Economic. Res.arch Assocla'e. 1 ~~-.~ ~' '. _ '..1 Scope of Work · Test overall economic viability-does redevelopment make sufficient financial sense? . Measure economic impacts to public & private participants . Test residua/land value, by use . Calculate potential TIF revenues . Provide information for CRA/City policies & priorities regarding redevelopment rr:;::~ p 'l:} .. Econondcs R......ch Associates ~l'W' "'~ ~'-- :"1 Review of Intown Development Program (May 2007) 1"1> ~,P ~l .. Economics Res..rch A..oclate. 2 ~~ , Program Comparison ..011III1 Development Program Comparison Sea crest Village Intown I Alternative Scenarios I Use Partners Baseline Moderate Hiah Housing Market-rate 737 290 471 651 Workforce 315 126 206 286 Total 1,052 416 677 937 Units Per Acre 40 16 26 36 Projected Annual Absorption 248 83 135 187 As % of New HH Growth in City 52% 17% 28% 39% Commercial Health Club 15,000 5,000 10,000 10,000 Retail/Restaurants 50,000 15,000 22,500 25,000 Office 30,000 5,000 12,500 20,000 Community Center 10,000 - - Anchor Grocery 40 000 - 30,000 40,000 Tota 145,000 25,000 75,000 95,000 Sources: Intown Partners, LLC (May 2007); Economics Research Associates (June 2007) ::,]- ~~ f' ~! .- Economics R....rch A.soclate. .....--...- ~'~ ~ - _ ,Market Timing ~ 011III.1 Market Shift Since 2005 . Activity has slowed substantially in past 18 months . Absorption has contracted-from 35 to 40 units/month to 10 units/month . Slowdown producing excess residential inventory, conversion to rental, project cancellations · Delayed market recovery could further increase inventory . Population/employment forecasts reduced .. f'f' I~ p 1::.' Economics Res.arch Associate. 3 ~_.~ _~ ". '.., Intown Proposal Overall Subsidy Request · $18 million in City/County infrastructure . $34.9 million in CRA TIF (at current rates) · $10.0 million in City/County land . $5.0 million in State workforce housing · $26.8 million in County workforce housing ~p(:;, IDa Econo",'cs R....rch A..oclat.. ~--.,~ ___ - _ ~I Intown Proposal Tax Increment (TIF) Summary . $364 million in development costs (includes $18 million in City/County infrastructure) . $329 million in incremental A V created . Generates $3.6 million in annual property tax revenues (at current rates) . Total requested TIF bond: $34.9 million (30 years) . Net TIF "annual incentive award" (for annual debt service?): $3.3 million 1~'.J; I~ P .G~ .. Economics Res.arch A..oclat.. 4 .....--.-...- .. ~ .. ... '..1 Intown Financials Projected Return on Cost · No TIF or subsidy: -10.350/0 · W/ TIF only: -0.750/0 · W/ TIF & City infrastructure subsidy: 4.40/0 . W/ TIF & multiple subsidies: 18.80/0 (1)(2) (1) Includes $41.8 million in land & workforce housing subsidies) (2) Shown as 16,5% in Fishkind report ~tl p ,t. lIB Economics R....rch Assoclat.. ~_..",~ ..... - _ 'Preliminary Conclusions ~ 1;,1 Intown Residential Program . Projected absorption over 4.25-year buildout is too aggressive under current market conditions (248 units/year) . Projected absorption would require 520/0 capture of all City HH growth !nt.rut EXDense Debt nm D' R pt Predevelopment Debt Phase 1 Phase 2 Phase 3 SUblotal 2.00 150 150 ~ ...- 625 ..... Economics Research A..oelat.. 5 ~!'llII"~ ~. " . '...1 Preliminary Conclusions Intown Residential Program . At proposed absorption, market-rate residential requires pricing discounts (100/0+ below competitive projects) Table 2. Pricing Structure for Residential Products at Seacrest Village p;c;;j;cc Square fHt pt'I' UM FrH;e;SQ\Jar~ FOOl Pnce,'Unlt Marke-tR.... Phast'1 Pha.. 2 Pha$t- 3 1.125 1250 1250 S250 52e5 5280 5300 .250 5331 250 5350000 ~]~R p ~! Worktorct Ptwlse 1 F'h.as1!'2 Phis. 3 1100 1100 1.100 51S5 S2llS 52'5 521'.500 S225.5OO 5238.500 .. Economics R....rch Assoclata. ~_..~ ., ' _~. . - '..., Preliminary ConclUSions Intown Commercial Program . Proposed commercial program is too large for project's tertiary retail location . Proposed retail rents ($18-$28/SF) are above-market for this location . Proposed commercial uses require significant subsidies to attract anchor and supporting retailers ~,,}t,"t'~ I~ f' :c: lIB Economics R....rch A..ocl.'.. 6 ~1lii . ~ ~' "- '..1 Preliminary Conclusions Intown Financial Program . Proposed debt coverage ratio of 1 .0 insufficient for level of risk associated with project (10%-20% below minimum risk thresholds for public/private projects) . Project equity appears to be created solely by CRA/City (land acquisition funds) . Insufficient data provided to evaluate year-by- year project performance, developer equity, IRR, infrastructure detail ~; R P.C:' lIB Economics Res..rch Assocl.t... ~_..,~ ... - - '.., Review of Alternative Development Scenarios ~~~,l~ RP .(.1 lIB Economics Res.arch A..oclates 7 ~- .......... " -~ '-, , Program Comparison AlKI Development Program Comparison Seacrest Village Intown I Alternative Scenarios I Use Partners Baseline Moderate High Housing Market-rate 737 290 471 651 Workforce 315 126 206 286 Total 1,052 416 677 937 Units Per Acre 40 16 26 36 Projected Annual Absorption 248 83 135 187 As % of New HH Growth in City 52% 17% 28% 39% Commercial Health Club 15.000 5.000 10.000 10.000 Retail/Restaurants 50,000 15,000 22,500 25,000 Office 30.000 5,000 12.500 20,000 Community Center 10,000 - - Anchor Grocery 40,000 30 ,000 40,000 Total 145,000 25,000 75,000 95,000 Sources: Intown Partners, LLC (May 2007); Economics Res681'ch Associates (June 2007) ~::', R P :C' .. Economics Res..rch A.soclate. ~M- .......... ~ -. 'Alternative Scenarios ~ ...., Tax Increment (TIF) Summary . $105-$226 million in development costs . $109-$232 million in total AV created . $1.1-$2.6 million in annual property tax revenues (at current rates) . Total potential TIF bonding capacity: $9 to $20 million (30 years) . Net TIF annual debt service: $1.1 to 2.3 million '~~ R P <..': .. Economic. Res..rch A..oclate.. 8 .....--....-. .,~ .. '- - '.., Alternative Scenarios Retail (11-20K SF) . Unleveraged IRR: 9% (vs. 15%-18% target) · Return on Cost: 10.4% . Residual Land Value: (-$14.51/SF of GBA) · FINDING: Subsidy required Restaurant (9-15K SF) . Unleveraged IRR: 8.5% (vs, 18%-20% target) · Return on Cost: 9.8% . Residual Land Value: (-$26.66/SF of GBA) . FINDING: Subsidy required 'I'tfJ:t pl:.- .. Economics R....rch Associates .....--....-' .. ~ ~ . _ . Alternative Scenarios ~ ""'" Office (5-20K SF) . Unleveraged IRR: 6.5% (vs, 10%-12% target) · Return on Cost: 8.4% . Residual Land Value: (-$48.77/SF of GBA) · FINDING: Subsidy required MF Rental Apartments (126-312 units) . Unleveraged IRR: 7,5% (vs. 10%-12% target) · Return on Cost: 7.9% . Residual Land Value: (-$33.86/SF of GBA) . FINDING: Subsidy required fJ":~"i '~r~p.G' .. Economics Res.arch As.oclata. 9 ~_.,~ _.-. -. _ ~I Alternative Scenarios Market-rate Condominiums (100-236 units) . Average unit sales price: $280,500 . Profit Margin (net of land & infrastructure): 36% . Residual Land Value: $36.59/SF of GBA . FINDING: Feasible use with CRA participation Market-rate Townhouses (64-103 units) . Average unit sales price: $310,000 . Profit Margin (net of land & infrastructure): 27% . Residual Land Value: $11.72/SF of GBA . FINDING: Feasible use with CRA participation - ~..~ R pC' Economic. R.s....ch A.,oclat.. ..........-....- - ~ '~ _~ - _ '..1 Alternative Scenarios Workforce Condominiums (126-286 units) . Average unit sales price: $229,500 . Profit Margin (net of land & infrastructure): 23% . Residual Land Value: $3.18/SF of GBA . FINDING: Feasible use with CRA participation; anticipates cross-subsidy with market-rate residential ~-1.~ R I:' ,G' .. E.c.onom6c. Res.arch A..oclatas 10 ~_..~. ...,. -. _ 'Key Findings ~ """I Alternative Residential Program Summary . Sufficient positive residual land value & developer returns generated by market-rate units suggests developer contribution to land &/or infrastructure . Program scenarios reflect realistic absorption (over 5 years) given current market conditions, anticipated improvement 2-3 years out '1:1' I~pf - Economic. R.s....ch A..oclate. ~--..~ ...,. -. 'Key Findings ~ """. Alternative Residential Program Summary . Projected price points of market-rate units ($280,500-$310,000) produce positive values & feasible returns . Absorption may be strengthened with additional workforce units; however, this is likely to reduce developer returns & TIF revenues ''"1, R P t,' .. Economic. R.search A.soclate. 11 ~1!l!Ii ~........ ' ... '-. :'1 Key Findings Alternative Commercial Program Summary . Significant physical constraints (lack of frontage, FEe RR) limit retail potentials . Second-tier grocery store critical to support neighborhood retail program . Detailed grocery store analysis requires additional data ~"I~ pC' lIB Economics R.s....ch Assoclat.. ~'!'J!li"~ ~' . , . Key Findings ~ -""'I Alternative Commercial Program Summary . Tertiary location, insufficient rents, high costs & expenses produce significant risk, with returns below market-thresholds . Negative residual land values require subsidies for all commercial uses fl^ R I> :(; .. E.conomlcs R....rch A..ocla'.. 12 ..--...,-- .,~ _~ -. - ~l Key Findings Development Program Comparison Seacrest Village Intown ERAfTreasure Coast Use Partners Baseline Moderate High Housing Markel-rate 737 471 651 Workforce 315 206 286 Total: 1,052 677 937 Units Fl3r Acre 40 26 36 Commercial Health Oub 15,000 5,000 ~ Fetail/R3slaurants 50,000 15,000 00 Office 30,000 5,000 12, Community Center 10,000 Anchor Grocery 40,000 30,000 Total: 145,000 25,000 75,000 Source: Intown Partners, LLC; Economics Research Associates, .1Jne 2007 ~\plj .. Econom'cs R....rch A..oclatel- ~'l!ii-'"~ _~' . - ~l Key Findings Financial Program Summary . A modified development program with less commercial and more residential use will produce CRA revenue . Those projected revenues would fund land acquisition, infrastructure, &Ior cross- subsidies for commercial uses and workforce housing . Additional discussion needed to determine CRA priorities to finalize economic modeling and development program recommendation 11II f..f R pC' Ec.onomics R....rch Associate. 13 ~"'iIi"~ ~ --. ~l Project Schedule Next Steps . Analyze economic impacts Uobs, tax revenues) . Meet with community/property owners . Integrate market & financial feasibility studies with planning evaluation . Determine generalized infrastructure costs . Prepare draft report for CRA '2.f,t!L . Conduct community discussion on July ~ about potential options . Determine CRA priorities and policy directions ~:~,~ l~ -r'~cr .. Economics Res.arch A..oclate. ~_.,~ ___-.. ~l Questions and Comments 19 ~ It. P -~' .. Economics Res.arch Assocla'... 14 . ;;;;sty~;::::;on June 12, 2007 Community Redevelopment Board and Staff, On behalf of the Arts Commission I want to thank you for this opportunity to present an item that our board believes is important to the City's redevelopment and revitalization. Last night the Arts Commission held a special meeting to specifically address the need for a cultural center in the county, and the availability of a location for such a facility. The obvious economic devel- opment impact was discussed and Old School Square was cited as a true example of what civic buy-in can accomplish. A cultural center, as the anchor to a community, is the catalyst for strong economic growth - vital to the future of any city. At the meeting, the Arts Commission passed a motion to undertake a study and analysis to determi- ne the demand for artist space in Palm Beach County, and if Boynton Beach would be a feasible loca- tion for an affordable Artist WorklLive Space. The following people were present at the meeting and ex- pressed a commitment to partner, champion the cause, and move forward to identify a defined course of action. Rena Blades, president and CEO of the Palm Beach Cultural Council, agreed to match funding for a study and analysis to determine the demand for artist cultural space. Palm Beach County Public Art Administrator, Elayna Toby Singer, was in agreement that this venture is important to the county and its art community. Lucy Kreshavarz, President of the Artist of the Palm Beach County (APSC), stated that they would be pleased to assist with the effort to bring more arts and culture to the public in Boynton Beach. She also informed the Arts Commission that early county wide listening sessions indicated that there were at least 100 artists that said affordable workllive space was a priority. Other artists groups such as Women in the Visual Arts, Delray Arts League and a group from the Armory are also interested in artist work spaces. Harvey Oyer III, Chairman of the Palm Beach County Historical Society and member of the Palm Beach County Cultural Board, brought forward the interests of associates and the community for an assess- ment of the feasibility of renovating the Old High School. The discussion included the possibility that the Old High School could house an artist cultural space. We ask for the CRA's consideration to hold in abeyance any efforts to destroy the building. In addition, we received a support and funding commitment from the Boynton Beach Historical Society. We would like the CRA board to kindly consider financial support to this study. If we demonstrate civic by-in it will strengthen the cause. As you can see, the initial interest in this endeavor is viable and the study will document how the Arts contributes to economic development and revitalization. The Arts Commission would like to ask that the CRA board consider this cultural artist space component in the master planning process as well. These issues are all aligned with the ongoing implementation efforts identified in the Assembly process. We offer our assistance and expertise in this process. The Arts Commission plans to present our rec- ommendations to the City Commission on this item. Thank you, Barbara Ready, Arts Commission Chair Art in Public Places Enriching our Community through Public Art