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Agenda 10-25-11 CITY OF BOYNTON BEACH PLANNING & DEVELOPMENT BOARD MEETING AGENDA DATE: Tuesday, October 25, 2011 TIME: 6:30 P.M. PLACE: Commission Chambers, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida 1. Pledge of Allegiance 2. Introduction of the Board 3. Agenda Approval 4. Approval of Minutes from September 27,2011 meeting 5. Communications and Announcements: Report from Staff 6. Old Business: None 7. New Business: A.1. Publix at Sunshine Square (COUS 11-004/MSPM 11-004) - Approve request for Conditional Use/Major Site Plan Modification for drive-through pharmacy in association with previously approved Publix reconstruction project at the Sunshine Square shopping center located at the southwest corner of East Woolbright Road and South Federal Highway within the C-3 (Community Commercial) zoning district. Applicant: Jami Passer of Edens & Avant. B.1. Timeless Life Care (SPTE 11-009) - Approve request for a one (1 )-year time extension for the Timeless Life Care New Site Plan (NWSP 10-004), Conditional Use (COUS 10-001), and Variance (ZNCV 10-005) Development Orders which were approved by the City Commission on June 1, 2010. Property located at 623 South Federal Highway within the MU-L2 (Mixed Use Low 2) zoning district. Applicant: Bradley Miller of Miller Land Planning Consultants. C.1. Stonehaven HOA (MPMD 11-001) - Approve request for a Master Plan Modification to the Stonehaven Master Plan to reduce the rear yard setback from fifteen (15) feet to one (1) foot for Lot 112 in order to accommodate a home addition on an existing 14 foot by 18 foot concrete slab installed at the time the house was originally constructed. Property located at 1747 Banyan Creek Court within the PUD (Planned Unit Development) zoning district. Applicant: Stonehaven Homeowners Association. D.1. Wholesale Motor Vehicle Dealer (with no on site sales) (USAP 12-001) - Approve request for Use Approval to add Wholesale Motor Vehicle Dealer (with no on site sales) for Lot 70 only, to the approved Quantum Park Planned Industrial Development (PID) Approved Use List. Property located at 2027 High Ridge Road within the PID zoning district on a lot with the (01) Office and Industrial use option. Applicant: Scott Backman of Siegel, Lipman, Dunay, Shepard & Miskel LLP. Planning and Development Board Meeting Agenda August 23, 2011 Page 2 8. Other 9. Comments by members 10. Adjournment The Board (Committee) may only conduct public business after a quorum has been established. If no quorum is established within twenty minutes of the noticed start time of the meeting the City Clerk or her designee will so note the failure to establish a quorum and the meeting shall be concluded. Board members may not participate further even when purportedly acting in an informal capacity. NOTICE ANY PERSON WHO DECIDES TO APPEAL ANY DECISION OF THE PLANNING AND DEVELOPMENT BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S.286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT the city clerk's office, (561) 742-6060 AT LEAST TWENTY (24) HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. Document4 MINUTES OF THE PLANNING AND DEVELOPMENT BOARD MEETING HELD ON TUESDAY, SEPTEMBER 27,2011, AT 6:30 P.M. IN COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA PRESENT: Roger Saberson, Chair Matthew Barnes, Vice Chair James Brake Leah Foertsch Sharon Grcevic Cory Kravit Brian Miller Vince Piraino, Alternate Mike Rumpf, Planning and Zoning Director Stacey Weinger, Board Attorney 1. Pledge of Allegiance Chair Saberson called the meeting to order at 6:30 p.m. Vice Chair Barnes led the Pledge of Allegiance to the Flag. 2. Introduction of the Board Chair Saberson introduced the members of the Board. New Board Alternate, Vince Piraino, was acknowledged later in the meeting. 3. Agenda Approval Motion Mr. Brake moved to approve the agenda as presented. Ms. Grcevic seconded the motion that unanimously passed. 4. Approval of Minutes from August 23, 2011 meeting Motion Ms. Grcevic moved to approve the minutes. Mr. Brake seconded the motion that unanimously passed. 5. Communications and Announcements: Report from Staff Mike Rumpf, Planning and Zoning Director, reported the following: The New Site Plan for an office building in Quantum Park for the Literacy Coalition was approved by the City Commission on September 6,2011. 1 Meeting Minutes Planning and Development Board Boynton Beach, FL September 27, 2011 On September 20,2011, the City Commission approved: ~ The breweries and breweries with tasting rooms in certain zoning districts on second reading; ~ the indoor instruction and training items in the M1 zoning district rather than in selected properties along major corridors on first reading; and ~ amendments to the sign regulations, which changed the methodology to determine how wall signs are calculated, and adding the word frontage, on first reading. Mr. Rumpf stated the members would take formal ethics training at the next meeting. The County Commission on Ethics changed its Code and advisory Board members were required to take the training. The presentation will be approximately one-hour. He noted there was only one item on the next agenda so it was hoped the meeting would be short. 6. Old Business: None 7. New Business: Attorney Weinger administered the oath to all those intending to testify. A.1. Habitat for Humanity at SW 6th Avenue and SW 1st Street (LUAR 11- 001) - Approve Habitat for Humanity (LUAR 11-001) reclassifying subject property from Public and Private Governmental/Institutional (PPGI) land use to Moderate Density Residential (MoDR) land use; and Approve Habitat for Humanity (LUAR 11-001) rezoning the subject property from R-1-A, Single-family Residential District to R-1, Single-family Residential District. Hanna Matras, Senior Planner, explained the request as captioned above. The property was approximately one acre. Ms. Matras requested hearing the items together and voting on them separately, as they would require two separate ordinances. She also reported as of July 2011, the Community Planning Act no longer required small- scale amendments to be reviewed and approved by the Department of Community Affairs. Ms. Matras explained Habitat for Humanity intended to transfer the property for this project to the Community Land Trust in order to establish a six-lot, single-family subdivision. The project would not require a site plan. Five lots would be platted for single-family homes, and one lot would be designated as a green open space. Each of those lots would become an independent land-trust entity with a 99-year land lease. The lease agreement would include maintenance fees for all common areas and fees dedicated to replacing specific capital systems, such as roofs. Habitat for Humanity would contract with a property management firm to maintain each of the parcels as well 2 Meeting Minutes Planning and Development Board Boynton Beach, FL September 27, 2011 as the green space. Staff reviewed the request and concluded the requirements had been met. The density for the entire property would still be 4.9 units per acre, which was lower than the maximum density allowed in the low-density residential classification. The reason Habitat for Humanity requested moderate density was because the specification was consistent with the City's zoning for the project. The request was consistent with the Comprehensive Plan. The City has always had problems with housing for very-low income individuals and Habitat's income criteria was slightly above the very-low income category. Habitat for Humanity would hold the mortgage. The property owner would not go into foreclosure and the mortgage was a no-interest mortgage. In terms of homeownership for very-low income individuals, this was the best model the City had. Public facilities would serve the project, and staff requested the Board recommend approval to the City Commission. Mr. Miller commented he has observed the construction and felt the project was wonderful for the City, as it would clean up the area. Brian McCarron, Habitat for Humanity building designer, 638 Eddy Street, Boca Raton, stated the concept with the parcel was to create a community. The design orients the front of the homes towards the inside courtyard space of the parcel. Irrigation would be provided through well water. The Land Trust would work in the same fashion as the Land Trusts in Delray Beach and Palm Beach. By doing so, it prevents individuals from flipping the properties, and it may allow for the inhabitant a certain percentage of profit over a period of years, if sold. If the inhabitant left the property, the home would revert to the Land Trust and another 99-year lease would begin with the new owner. Habitat for Humanity was attempting to educate individuals and has had essentially, no foreclosures in the 20 years they had the program. They are partners with the homeowners. Some programs allowed for improvements to the property, such as a pool, while others did not. Mr. McCarron did not believe this program would allow for such improvements. The project would include an association established through Habitat for Humanity, to take care of the property and common areas. Being a Boynton Beach resident was not a requirement for the program. Mr. McCarron believed the prospective homeowners typically were Boynton Beach residents, but not in all instances. There was a pool of people who qualified for the program, and some were allowed to choose their location through sweat equity, as recipients must provide a certain amount of time building homes for others. The plans for the homes varied slightly. Habitat for Humanity offered more of an open floor plan with the bedrooms split on each side. The garages faced Pelican Point. Even though the garage faced east, they would have a back patio, dressed like the front elevation of the home. The smallest home was a three bedroom, two bath, one-car garage and would be about 1,300 square feet. There were alternate plans for four and five bedroom homes up to 1,500 square feet. The home that would be constructed 3 Meeting Minutes Planning and Development Board Boynton Beach, FL September 27,2011 would accommodate whoever qualified for the home and their needs. There was no public present. Chair Saberson requested a motion to authorize the change for Land Use Designation in the Comprehensive Plan, from Public and Private Government/Institutional to Moderate Family Residential. Motion Mr. Miller so moved. Mr. Brake seconded the motion that unanimously passed. Chair Saberson requested a motion to approve the Rezoning from R-1-A Single-family District, to R-1 Single-family Residential District. Motion Mr. Miller so moved. Mr. Brake seconded the motion that unanimously passed. There was brief discussion about when construction would commence. Habitat for Humanity was interviewing five different builders, so all the homes could be constructed in about a week. Mr. McCarron had no information when the next group of homes in that area would be built. Conventional builds, if used for the next phase of the project, would take about six to eight months. 8. Other 9. Comments by members: None 10. Adjournment Motion There being no further business to discuss, Mr. Brake moved to adjourn. Ms. Grcevic seconded the motion that unanimously passed. The meeting adjourned at 6:53 p.m. ~~a~tJLUl1/t\L ~h'\JlL1 Catherine Cherry r Recording Secretary 100311 4 AI. Publix at Sunshine Square DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 11-042 STAFF REPORT TO: Chair and Members Planning and Development Board and City Commission THROUGH: Michael Rumpf Planning and Zoning Director FROM: Kathleen Zeitler Planner II DATE: October 17, 2011 PROJECT NAME/NO: Publix Pharmacy Drive-Through Facility / COUS 11-004 & MSPM 11-004 REQUEST: Request conditional use approval for a drive-through pharmacy, and a major site plan modification to the proposed Publix grocery store at the Sunshine Square shopping center located at the southwest corner of East Woolbright Road and South Federal Highway within the C-3 Community Commercial zoning district. Property Owner: Applicant: Agent: Location: Existing Land Use: Existing Zoning: Proposed Land Use: Proposed Zoning: Proposed Use: Acreage: Adjacent Uses: North: PROJECT DESCRIPTION E & A Sunshine, LLC Jami Passer, E & A Sunshine, LLC Jennifer Vail, Land Design South 501 SE 18th Avenue (PCN: 08-43-45-33-00-000-1500) Sunshine Square at the southwest corner of the intersection of South Federal Highway and East Woolbright Road (see Exhibit "A" - Location Map) Local Retail Commercial (LRC) Community Commercial (C-3) Local Retail Commercial (LRC) Community Commercial (C-3) (no change proposed) Drive-through facility for Publix pharmacy 0.90 acre (Publix) 14.42 acres (total shopping center) Right-of-way of Woolbright Road, then property designated Mixed Use and zoned MU-L Mixed Use-Low Intensity, developed as Las Ventanas, a mixed use project. Northeast: Approximately 0.48 acre property located at the northeast corner of the intersection of Federal Highway and Woolbright Road containing a gas station and classified Local Retail Commercial (LRC) and zoned Community Commercial (C-3). This property was recently approved for redevelopment as a PNC bank. Staff Report - Sunshine Square Publix Pharmacy Drive-Through COUS 11-004/ MSPM 11-004 Page 2 East: To the southeast, a parcel of approximately 1 acre classified Local Retail Commercial (LRC) and zoned Community Commercial (C-3) and containing a small strip commercial shopping plaza, and south of this, the right-of-way of SE 18th Avenue, then developed property classified Local Retail Commercial (LRC) and zoned Community Commercial (C-3) and developed as BAPS Temple; Right-of-way of South Federal Highway, then property classified Local Retail Commercial (LRC) and zoned Community Commercial (C-3) and developed as the Riverwalk shopping center; and Right-of-way of the Florida East Coast railroad, then the City's Utilities Department facilities classified Public and Private Governmental/ Institutional (PPGI) and zoned Public Use (PU). South: West: PROPOSAL Jennifer Vail with Land Design South, agent for E & A Sunshine LLC, property owner, is seeking conditional use approval for a drive-through facility for the proposed Publix at Sunshine Square shopping center in addition to a major site plan modification to include the drive-through facility. The proposed drive-through would be located on the south fa<;ade of the Publix grocery store building (see Exhibit "B"- Site Plan). A drive-through facility requires conditional use approval per Chapter 3, Article IV, Section 3. B.6. of the Land Development Regulations (LDR). A conditional use is defined in the LDR as a use that because of special requirements or characteristics may be allowed in a particular zoning district, but only with conditions as necessary to make the use compatible with other uses permitted in the same zone or vicinity. BACKGROUND The Sunshine Square shopping center encompasses approximately 14.4 acres at the southwest corner of East Woolbright Road and South Federal Highway. The shopping center was constructed in the 1960's and has approximately 141,000 square feet of commercial buildings. The shopping center is anchored by the Publix grocery store that was constructed as Phase II in 1988. In 2008 the City approved several requests pertaining to the subject property, including conditional uses, major site plan modifications, variance, and minor site plan modifications resulting in a renovation of the shopping center that included updates to building facades, perimeter landscaping, and traffic circulation. In June, 2010 the subject property was purchased by E&A Sunshine, LLC with the intent of further redevelopment. In December, 2010 several minor site plan modifications to Sunshine Square were approved, with reallocation of some building square footage and a reduction in overall building area of 8,629 square feet, and facilitation of further enhancements to perimeter landscaping, building facades, and traffic circulation. Those approved redevelopment modifications included the following: . Removal of existing 40,491 square foot Publix building and replacement with a new larger Publix building of 54,817 square feet (+14,326 square feet); . Modification of parking field east of Publix, north, east and south sides of Retail Building 1, south of Bank Building "A" (4,300 square feet) and surrounding Bank Building "B"; . Creation of a "main street" drive, connecting the entrance off of Woolbright Road to a Staff Report - Sunshine Square Publix Pharmacy Drive-Through COUS 11-004/ MSPM 11-004 Page 3 driveway on SE 18th Avenue; . Demolition of the western portion of Retail Building 2, reducing the square footage from 75,021 to 34,902 square feet (-40,119 square feet) and creating a separate Retail Building "B" (+6,200 square feet) to the west of Retail Building 2, across the new "main street" drive; . Modification of the service area on the south side of Retail Building 2 to increase landscaping/screeni ng; . Addition of a new Retail Building "A" (+5,000 square feet) east of the Publix building, abutting Federal Highway; . Demolition of a previously approved drive-through restaurant (-1,436 square feet) at the northeast corner of the site and replacement with a new Bank Building "B" (+3,100 square feet) ; . Retention of Retail Building 1, north of Publix, as existing today (32,688 square feet), rather than demolishing the southern 4,280 square feet as proposed in the previous site plan modification; and, . Establishment of a Master Sign Program Plan for the entire center. The shopping center is currently undergoing redevelopment and has submitted permit plans for the construction of a new expanded Publix; enhanced pedestrian areas; updated hardscape and landscape elements; and improvements to visibility, accessibility and additional parking throughout the site. The new Publix proposes a pharmacy with a drive-through facility, which is the subject of this conditional use and major site plan modification requests (see Exhibit "B" - Plans). A traffic impact statement for the proposed drive-through facility was submitted with this request for conditional use and major site plan modification. The analysis concluded that the proposed changes to Sunshine Square associated with the redevelopment plan approved by the City in December 2010 will generate less traffic during the peak hour than the previous site plan due to the uses and net reduction in overall building square footage at the shopping center. Palm Beach County Traffic Engineering has reviewed the traffic generation statement and determined that the revised plan which includes the drive- through facility will generate less daily and peak hour trips than the previous traffic concurrency approval for the shopping center. The traffic concurrency for this request was approved on September 28, 2011 and includes a build-out date of December 31,2013. STANDARDS FOR EVALUATING CONDITIONAL USES AND ANALYSIS Chapter 3, Article IV, Section 4 of the Land Development Regulations contains the following standards to which conditional uses are required to conform. The applicant has submitted a Justification Statement that addresses each of the conditional use standards (see Exhibit "C" - Justification Statement). Following each of these standards below is the Planning and Zoning Division's evaluation of the application as it pertains to the conditional use standards. Per the LDR, the Planning and Development Board and City Commission shall consider only such conditional uses as are authorized under the terms of the zoning regulations and, in connection therewith, may grant conditional uses absolutely or conditioned upon the faithful adherence to the review criteria below, or deny conditional uses when not in harmony with the stated purpose and intent of ensuring compliance, public purpose, and compatibility. In evaluating an application for conditional use approval, the Board and Commission shall consider the effect of the proposed use on the general health, safety and welfare of the community and make written findings certifying that satisfactory provisions have been made concerning the following standards, where applicable: Staff Report - Sunshine Square Publix Pharmacy Drive-Through COUS 11-004/ MSPM 11-004 Page 4 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. This application proposes no revisions to the existing vehicular circulation patterns and approved ingress and egress locations for the site. The addition of drive-through and bypass lanes for the proposed pharmacy was included on the plans submitted for the minor site plan modification approved in December 2010, which is the latest approved site plan. This site plan was approved conditioned upon a required separate submittal and conditional use approval for the pharmacy drive-through facility. Several improvements to the shopping center included as part of a major site plan modification were approved in 2008. Site improvements included widening of the existing north/south main access aisle to improve traffic flow; relocation of the existing main access to a more central signalized location that is aligned with the Las Ventanas development to the north; re-striping; dumpster enclosures; paver brick pedestrian crosswalks; and pedestrian and vehicular pavement markings and signage for safety and convenience. The current site plan approved in December, 2010 was revised to provide better management of vehicular and pedestrian safety and circulation while improving the overall aesthetic of the property. The main entrance drive aisle was continued into the site extending from Woolbright Road south to the parking area for the Publix grocery store with an aligned connection directly to SE 18th Avenue. This alignment and connection created a clearer circulation pattern for vehicles entering the site and allowed for more separation from the pedestrian pathways and connections creating a safer environment for each. The drive aisle and fire access lane along the front of the store were enhanced with additional and clearly designated connections to the grocery store, parking areas and adjacent public rights-of-way for pedestrian safety. The site plan modifications approved in December, 2010 included the design for the proposed drive- through facility with sufficient vehicular queuing and stacking and a bypass lane along the south fa<;ade of the Publix grocery store. The addition of a pedestrian connection in front of the drive- through facility from SE 18th Ave to the Publix grocery store and the addition of regulatory signage and pavement markings noting "one-way", "do not enter", "stop" and directional arrows will further improve site circulation and safety. Additional pavement markings are proposed at the southwest corner of the Publix building to distinguish between the entrance for the one-way drive for the pharmacy drive-through and the area to the west designated for truck deliveries. The pavement markings will visually guide vehicles utilizing the drive-through pharmacy without creating a hard barrier that could impact trucks maneuvering into and out of the delivery area. 2. Off-street parking and loading areas where required, with particular attention to the items in subsection above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole. The requested conditional use does not propose to add any additional square footage to the existing shopping center, but rather is an additional function along the south side of the Publix grocery store for an ease of access to the Publix Pharmacy. The proposed drive-through facility was site planned in advance with a one-way drive-through lane designed to accommodate the proposed Conditional Use. There is no additional parking required to accommodate the proposed use as it is simply an accessory function to the pharmacy within the Publix grocery store. As such, the drive-through facility will not Staff Report - Sunshine Square Publix Pharmacy Drive-Through COUS 11-004/ MSPM 11-004 Page 5 create additional parking demand within the shopping center, and the provided parking and vehicular circulation conditions will adequately provide for the proposed drive-through facility. The drive- through facility will not generate additional demand for loading or deliveries that are not already accommodated by the overall Publix grocery store. 3. Refuse and service areas, with particular reference to the items in subsection 1 and 2 above. All service areas for solid waste disposal and unloading of deliveries are currently provided on site to the rear (west) of Publix. The drive-through facility along the south side will not interfere with the refuse or service areas along the west side of the same building. As the proposed conditional use is located within an approved building, the refuse and loading service area, as provided, is adequate for the proposed conditional use. The drive-through facility will not generate any industrial, manufacturing, special or hazardous waste, airborne pollutants, or require any special handling of solid waste, and therefore, will not negatively impact the health, safety, or welfare of the surrounding community. 4. Utilities, with reference to locations, availability, and compatibility. Consistent with Comprehensive Plan policies and city regulations, all utilities, including potable water and sanitary sewer, are available for the overall project. The proposed drive-through facility will not represent an increase in demand for City utilities. 5. Screening, buffering and landscaping with reference to type, dimensions, and character. Landscaping for the entire shopping center was included in the extensive renovation improvements, and included additional buffering, color, and visual interest along the abutting rights-of-way. The landscape buffering along SE 18thAvenue was increased to provide for a continuous visual barrier of the drive-through facility from the adjacent public rights-of-way through both earth berms and landscape vegetation. The proposed landscaping provides adequate screening and buffering of the proposed drive-through facility, yet complies with visibility requirements for security purposes. 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. The lighting and signage is compatible with surrounding commercial and retail properties and will be in harmony with the existing shopping center design. Applicable building signage for the Publix will be consistent with a required sign program for the shopping center. The addition of the drive-through facility will not affect the existing lighting plan. The approved lighting plan was designed to meet all applicable code requirements with no spill over, glare or lighting onto adjacent properties, and provides many safety features for the project including clearly visible pathways for pedestrians and highlighted vehicular circulation for traffic safety. 7. Required setbacks and other open spaces. All setback and open space requirements were met with the approved site plan modification. The proposed conditional use will not impact the setbacks or increase building square footage. The proposed drive-through facility will be located on the south side of the Publix grocery store which has a minimum thirty (30) foot setback from the south property line. A plaza space has been provided with the approved site plan north of the new Publix grocery store and will provide a gathering spot for employees and visitors of the shopping center. This plaza space Staff Report - Sunshine Square Publix Pharmacy Drive-Through COUS 11-004/ MSPM 11-004 Page 6 provides ample landscaping and screening for comfortable use of the space and is located conveniently for pedestrians and users of the center. 8. General compatibility with adjacent properties, and other property in the zoning district. The recently approved renovations to update the shopping center and the proposed conditional use are compatible with surrounding development and will benefit and serve the community. Surrounding properties at this commercial node are similarly zoned and contain a mixture of commercial, institutional, and residential uses. The addition of the drive-through facility for the pharmacy within the Publix grocery store will be an asset by providing goods and services to the public, as well as, complement the current uses of the shopping center. 9. Height of building and structures, with reference to compatibility and harmony to adjacent and nearby properties, and the city as a whole. No exterior modifications are proposed to the proposed Publix grocery store building to accommodate the drive-through facility, other than the addition of a window. The building height will not be altered by the addition of the proposed drive-through facility and will be maintained as a one-story structure and would not adversely impact the surrounding community. The heights of all buildings on site are in accordance with the approved site plan and the maximum height of 45 feet in the C-3 zoning district, and are compatible with other commercial properties in the vicinity. 10. Economic effects on adjacent and nearby properties, and the city as a whole. The convenience offered to customers by the proposed drive-through facility will be an economic benefit to the City as it will provide ease of access to the pharmacy within the Publix grocery store. This drive-through facility will encourage more customers to use the Publix pharmacy and in-turn increase the number of overall shoppers and diners at the shopping center. 11. Where applicable, the proposed use furthers the purpose and intent of a corresponding mixed use zoning district or redevelopment plan. The Sunshine Square shopping center is located in Planning Area V of the Federal Highway Corridor Community Redevelopment Plan. This plan recognizes the intersection of Woolbright Road and Federal Highway as a major activity node that should be emphasized through building placement, orientation, and architectural features. Enhanced pedestrian connections to minimize conflicts between pedestrian and vehicular traffic are also recommended by the redevelopment plan. The approved redevelopment plan for Sunshine Squire includes many enhanced architectural features and pedestrian enhancements. The south fa<;ade of the proposed Publix store is designed to be compatible with the architectural features used throughout the redevelopment of the Sunshine Square shopping center and complies with the exterior design requirements of the LDR. A designated pedestrian walkway is proposed just east of the pharmacy drive-through, extending from the sidewalk on SE 18th Avenue to the Publix building. The proposed drive-through facility for the Publix pharmacy will not result in any modifications to the existing site plan configuration. The drive-through facility will be located along the south side of the Publix grocery store and was included in the design of the new and larger Publix store proposed for Sunshine Square. The proposed Publix store on the existing approved site plan will be maintained as designed and approved, and will remain in compliance with the City of Boynton Beach Land Development Regulations. Staff Report - Sunshine Square Publix Pharmacy Drive-Through COUS 11-004/ MSPM 11-004 Page 7 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 of the Land Development Regulations, and the Noise Control Ordinance, and City Code of Ordinances Part II, Chapter 15, Section 15-8.. The proposed drive-through facility shall conform to the operational performance standards and shall be constructed, maintained, and operated so as not to be a nuisance or hazard to persons, animals, vegetation or property located on adjacent 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 as outlined in Chapter 3, Article IV, Section 1 of the LDR. No adverse impacts specifically related to sound quality are expected, and the property would remain in compliance with all applicable noise control ordinances. 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. This is not applicable to the subject request for a drive-through facility. RECOMMENDATION Based on the details contained in the above evaluation and analysis, and compliance with all applicable development regulations, staff recommends APPROVAL of this request. The proposed conditional use is considered to be compatible with surrounding commercial development and is suitable for the site. In addition, the proposed Publix pharmacy drive-through facility will benefit and serve the community. Furthermore, pursuant to Chapter 2, Article II, Section 2.C.5 of the LDR, if a conditional use is approved in connection with a site plan, then the expiration of the conditional use shall be the same as the expiration of the corresponding site plan, which is a period of 18 months, unless applicable building permits are issued or an extension request is filed prior to the expiration. S:\Planning\SHARED\WP\PROJECTS\Sunshine Square\COUS 11-004 MSPM 11-004\Staff Report.doc EXHIBIT ..A.. - SITE LOCATION MAP SUNSHINE S UARE COUS 11-004 I MSPM 11-004 220 11 0 0 I 220 440 660 8805 I Feet .-----'''----.-------.---- ---- ~ co ....-j ::r: ~ m 2:. c m '~-,~ ,- ~ ""--, ~ '- l I I I I I l ~..~ ~~!\\i,;~_~_ HIGHW,A,Y VOI\ICJ'H "0 1.1 D ::lll 3NIHSNIlS V '113 <BlJVd3!ld 3NIHSNnS f I 81 - II II ;7~ ~ IW ~ ~ ~ ~ ~ ;;. l Q j,tJ ~ ~I II IN,,!\V ONV SN,,(]3 lJOJ a3Wd3<Jd 3!:ilinbs 3NIHSNm I I I I I I I I I I I I I I I I I I I I I I I I I ~ -, z f I I I - I~ UJ I~ I...J I I I I I I I I I I I I I I I I I I I I I I I I I i EXHIBIT "0" CONDITIONS OF APPROVAL Project Name: File number: Reference: Publix Pharmacy Drive-Through at Sunshine Square COUS 11-004/ MSPM 11-004 2nd review plans identified as a Conditional Use/Maior Site Plan Modification with a October 4. 2011 Planninq and Zoninq Department date stamp markinq. DEPARTMENTS INCLUDE REJECT ENGINEERING DIVISION Comments: None FIRE Comments: None POLICE Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None FORESTER/ENVIRON M ENT ALlST Comments: None PLANNING AND ZONING Comments: None (all previous comments have been addressed). ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS To be determined. ADDITIONAL CITY COMMISSION CONDITIONS To be determined. S:\Planning\SHARED\WP\PROJECTS\Sunshine Square\2011 PUBLlX PHARMACY COUS\COUS 11-004 MSPM 11-004\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Publix Pharmacy Drive-Through Facility at Sunshine Square APPLICANT'S AGENT: Jennifer Vail, Land Design South AGENT'S ADDRESS: 400 Columbia Drive, Suite 110, West Palm Beach, FL 33409 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 15, 2011 TYPE OF RELIEF SOUGHT: Request conditional use approval for a drive-through pharmacy and a major site plan modification to the south side of the proposed Publix grocery store for the drive-through pharmacy at the Sunshine Square shopping center located at the southwest corner of East Woolbright Road and South Federal Highway within the C-3 Community Commercial zoning district. LOCATION OF PROPERTY: 501 SE 18th Avenue, Boynton Beach, FL 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 "D" 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 DA TED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Sunshine Square\2011 PUBLlX PHARMACY COUS\COUS 11-004 MSPM 11-004\DO.doc Bl. Timeless Life Care DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 11-040 TO: Chair and Members Planning & Development Board THRU: Michael Rumpf Director of Planning and Zoning FROM: Kathleen Zeitler Planner II DATE: October 17, 2011 PROJECT: Timeless Life Care / SPTE 11-009 REQUEST: Site Plan Time Extension PROJECT DESCRIPTION Property Owner: Eastside Lofts Development, LLC Applicant / Agent: Bradley Miller, Miller Land Planning Consultants Location: 623 South Federal Highway (see Exhibit "A" - Location Map) Existing Land Use/ Zoning: Mixed Use (MX)/ Mixed Use-Low 2 (MU-L2) Proposed Land Use/Zoning: No change proposed Proposed Uses: Assisted Living Facility (92,897 square feet) and ancillary retail Acreage: 1.21-acres Adjacent Uses: North: Vacant commercial property classified Local Retail Commercial (LRC) land use and zoned Community Commercial (C-3); South: Developed commercial properties (offices) classified Local Retail Commercial (LRC) land use and zoned Community Commercial (C-3); East: Right-of-way for Federal Highway, then farther east is developed multi-family residential (Sterling Village) classified High Density Residential (HDR) land use and zoned Multi-family Residential (R-3); and West: Right-of-way for Southeast 4th Street, then farther west is an active park (Pence Park) classified Recreational (R) land use and zoned Recreation (REC). Page 2 Memorandum No. PZ 11-040 SPTE 11-009 BACKGROUND Mr. Bradley Miller, agent for Eastside Lofts Development, LLC, is requesting a one (1)-year time extension for the Timeless Life Care New Site Plan (NWSP 10-004), Conditional Use (COUS 10- 001), and Variance (ZNCV 10-005) Development Orders which were approved by the City Commission on June 1, 2010. These original approvals are valid for 18 months and therefore are scheduled to expire December 1, 2011. If this request for extensions were approved, the expiration date of this site plan, including concurrency certification, and the conditional use and variance development orders would be extended to December 1, 2012. According to the original site plan staff report, the Timeless Life Care project was approved for a six (6)-story 92,897 square foot Assisted Living Facility providing144 beds within 87 units with 1,000 square feet of ancillary retail on 1.21-acres at 623 South Federal Highway in the Mixed Use Low 2 (MU-L2) zoning district (see Exhibit "B" - Plans). The variance request was for a reduction of two (2) parking spaces. ANAL YSIS The site plan and conditional use approvals are valid for 18 months, in which time the developer is required to secure a building permit for the project. According to Chapter 2, Article II, Section 2.F.6 of the Land Development Regulations (LDR), an applicant may request to extend the approval of a site plan for an additional time period, not to exceed 18 months, provided that such request for extension is filed prior to the date of the expiration of the original 18-month period. In this case, the applicant has met that requirement. The Planning & Zoning Division received the extension request on September 8, 2011, approximately two and one-half (2.5) months prior to the expiration of the site plan, conditional use, and variance approvals. Per Chapter 2, Article II, Section 2.F.6.a of the LDR, there is no limit to the number of extensions that may be requested. There have been no previous time extension applications for this project. Per Chapter 2, Article II, Section 2.F.6.c. of the LDR, the following criteria shall be used in the review of requests for site plan time extensions: (1) Any recently adopted amendments to the Comprehensive Plan, redevelopment plans, or Land Development Regulations that would cause the approved site plan in its current configuration to become noncompliant. (2) In determining good faith, some factors to be considered are the following: (a) the extent to which a land development permit (if applicable) has been applied for by the applicant and/or approved by the Engineering Division; (b) when construction approved by such land development permit has occurred (construction which is commenced immediately preceding expiration generally indicating a lack of good faith); (c) the extent to which there has been a bona fide continuous effort to develop but because of circumstances beyond the control of the applicant it was not possible to meet the time limitation; and (d) the applicant has applied for or secured any building permits, or other types of permits from external agencies, including anticipated dates for the issuance of the aforementioned permits; (3) The payment of any impact fees, including utilities or art in public places; Page 3 Memorandum No. PZ 11-040 SPTE 11-009 (4) Site plan compliance with the concurrency requirements of Palm Beach County and the City's Land Development Regulations; and, (5) Any other pertinent information that the applicant can provide that would justify the request for site plan time extension. Mr. Miller, agent for the property owner, indicates in the justification letter that due to the economy and challenges in obtaining financing the current approved project is experiencing the same difficulties as the mixed-use project (known as Boynton Lofts) previously approved for this site (see Exhibit "C" - Applicant's Justification). As explained in the letter, the applicant intends to develop the project but needs additional time to secure a building permit. The letter also explains that construction drawings for the project are being prepared, and the applicant anticipates submitting for a building permit by mid-2012. As such, a one (1) year time extension is requested to extend approvals from December 1, 2011 to December 1, 2012 and allow additional time to secure a building permit for the project. With respect to concurrency, traffic concurrency remains valid with a build-out date of 2014 (no building permits are to be issued by the City for this project after the 2014 build-out date). The site plan time extension would still be subject to the original conditions of site plan approval. RECOMMENDATION Staff recommends approval of this first request for a one (1) year time extension of the site plan (NWSP 10-004), conditional use (COUS 10-001), and variance (ZNCV 10-005) for the Timeless Life Care project, subject to the conditions contained in Exhibit "D" - Conditions of Approval. If this request for extensions were approved, the expiration date, including concurrency certification would be extended to December 1, 2012, and all conditions from the original approvals must still be satisfactorily addressed during the building permit process. S:\Planning\SHARED\WP\PROJECTS\Timeless Life Care\SPTE 11-009\Staff Report.doc EXHIBIT nAn - SITE LOCATION MAP TIMELESS LIFE CARE SPTE 11-009 () IJ.J LI.. SE 6TH AVE 130 65 0 r--_ _ t- t/) ::t t- .q- W t/) 130 260 390 ~ :I: ...J ~ W C W LL 520 5 I Feet :1 ,[ lA..' ,,~ ~;l '" " "Bft j " ~ ~ ~ . "'<I""" ~,' 'I i i i . ~ .,,'i 1) ~ , 'I .~ Timeless Life Care e{Jiyr'\t01t 6>f)OCh, ~tO(j(~rtl I,.~.: II . ! I I; t ~~ Ii tf'i! I i ,~ 'ij.li I 1... 'li'flI; J;i~ I I If Iii I ~, I t!1 '!i I + I .Ii "m I "*' I fii I l' <+ .... Timeless Life Cart.' Sf Huh 1'18" H ~ P i f 'I f! cd H .~ ~ .~,',; ~ I' .~ ~ IL4~H ~.". I,', ~ .,~,,' ~..,' "!i "~" I' " ~, ' ,l> ~ -i !I ,~ 'Ii ~ I _ I [. ...:J I ir:~-j; ~_I~: '11 '!i J I 0,1 ,Ii I <+ I !~ ~m ! ~ .j, CES C!S (lJIMh,j~ """JP, "" ~ il fi " ~~ ,~ ~ J t;,~ nij r,~ x, ~~ ~ ~ 'Ai ..~', .~. ".... t . .,q Hi ~ .. .1 OJ OJ ~'j r~ q &1 ~r, ; f:l 15i" I5i ~; "S Pj I ~ .lii ~~ ~.i; ~'li I .<1'. '~ fi.\ ,II 110 ~ ~~ tii;; :;ii 'i~ '1~ 'I~ I I . J .~ 4' :..::I ,I! 'Ie .j, + Timeless Life Care 11811 P~H ,q~H ~:HHj ~ !. I,' r . ,I ! ~ ~ ':r. ! ~ 1;1 Ii ~ 'ill "If ~~ ~ " ,II ,~ . CES eES ,n.lul:."! Gl~'p, Jot r o~ c a a ! __l- - I 1t8" Ii' I' I' t ~ t I I i [ ~ .. " ~ Ii' I f . lI!' i ::,Ii f ... 'l' ~ . f Timeless Ufe Core BOV't'HOit i!hlOCtt Aorjd{) EXHIBIT "e" MILLER LAND PLANNING CONSULTANTS, INC. I bU I Corporate Drive Suite #240 Boynton Beach, Fl33426 PHONE II 561.736.8838 FAX 561.736.8079 September 6, 2011 Michael Rumpf CITY OF BOYNTON BEACH PLANNING 8. ZONING DEPARTMENT 100 E. Boynton Beach Boulevard Boynton 'Beach, Fl33425-031 0 (>> IE: TImeless Lifecare Sie Plan TIme Extension Dear Mike: This letter is to request a one year time extension for the site plan approval for the Timeless lifecare project. The properly is 1.21 acres located on the west side of Federal Highway and spans through to SE 4th Street to the west. The site is mid-block beiween SE 5th Avenue and SE 6th Avenue. The project was approved on June 1. 2010 for a six-story 144 bed, 92,897 square foot assisted living facilify with 1,000 square feet of ancillary retail space. As you ore aware, this site was previously approved for 0 mixed use project and obtained several extensions due to the economy and financing. The current approved project is experiencing the; same difficulties, however os my client explained when we met, they ore prepared to build this project, the just need additional time. Plans ore being prepared and we anticipate applying for permits by mid next year. Our current approvals will expire on December 1, 20 11. Accordingly, we request this time extension for one year in order to grant us the time to finalize financing, plans and permits. We appreciate your understanding of this request. Enclosed is a check for the $500.00 processing fee. Should you need any additional information, please call. Sincerely, M:\M L P C\PROJECTS\TImeless Life Care\4 - Submlltals\5-TIme 8demion\TIme extension 09.01.11.wpd EXHIBIT "0" CONDITIONS OF APPROVAL Project Name: Timeless Life Care File Number: SPTE 11-009 DEPARTMENTS INCLUD REJECT E ENGINEERING DIVISION Comments: None FIRE Comments: None POLICE Comments: None BUILDING DIVISION Comments: None RECREA TION AND PARKS Comments: None FORESTER/ENVIRON M ENT ALlST Comments: None PLANNING AND ZONING Comments: 1. The approval of the Site Plan Time Extension is subject to the 17 conditions of approval of the original site plan approval (NWSP 10- 004/ COUS 10-001) and the 2 conditions of approval of the variance (ZCCV 10-005). ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS SIBIA BUILDING (NWSP 11-002) CONDITIONS OF APPROVAL Page 2 DEPARTMENTS INCLUD REJECT E To be determined. ADDITIONAL CITY COMMISSION CONDITIONS To be determined. MWR/kz S:\Planning\SHARED\WP\PROJECTS\Timeless Life Care\SPTE 11-009\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Timeless Life Care APPLICANT'S AGENT: Bradley Miller, Miller Land Planning Consultants AGENT'S ADDRESS: 1501 Corporate Drive, Suite 240, Boynton Beach, Florida 33426 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 15, 2011 TYPE OF RELIEF SOUGHT: Request a one (1)-year site plan time extension for a New Site Plan (NWSP 10-004), Conditional Use (COUS 10-001), and Variance (ZNCV 10-005) approved on June 1, 2010, thereby extending approvals from December 1, 2011 to December 1, 2012. LOCATION OF PROPERTY: 623 South Federal Highway, Boynton Beach, Florida 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 "D" 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 DA TED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Timeless Life Care\SPTE 11-009\DO.doc Cl. Stonehaven HOA TO: THRU: FROM: DATE: PROJECT NAME/NO: REQUEST: Applicant: Agent: Location: Existing Land Use: Existing Zoning: Proposed Land Use: Proposed Zoning: Proposed Use: Acreage: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 11-045 STAFF REPORT Chair and Members Planning and Development Board Michael Rumpf Director of Planning and Zoning Ed Breese Principal Planner October 13, 2011 Stonehaven HOA (MPMD 11-001) Master Plan Modification to the Stonehaven Master Plan to reduce the rear yard setback from fifteen (15) feet to one (1) foot for Lot 112 in order to accommodate a home addition on an existing 14 foot by 18 foot concrete slab installed at the time the house was originally constructed. PROJECT DESCRIPTION Stonehaven Homeowners Association Voncile Smith, Homeowner 1747 Banyan Creek Court (see "Exhibit A" - Location Map) Moderate Density Residential (MoDR) Planned Unit Development (PUD) No change proposed No change proposed Rear Setback Amendment for for Lot 112 0.21-acre lot within the 85.75-acre P.U.D. Stonehave HOA MPMD 11-001 Staff Report Memorandum No. 11-045 Page 2 Adjacent Uses: North: Office buildings, zoned Office Professional (C-1), then farther north right- of-way of Boynton Beach Boulevard. Northeast: BJ's Wholesale Club, zoned Planned Commercial Development (PCD). Northwest: right-of-way of Knuth Road and farther to the northwest is the undeveloped Knuth Road PCD and BP Gas Station; South: Right-of-way for LWDD L-25 Canal, then farther south is Belmont Place residential development, zoned Planned Unit Development (PUD); East: Congress Avenue Middle School, zoned Public Usage (PU) and farther east right-of-way of Congress Avenue; and West: Right-of-way of Knuth Road, then farther west is Quail Ridge Country Club, in unincorporated Palm Beach County. BACKGROUND The Stonehaven Homeowners Association is requesting a Master Plan Modification to the Stonehaven Master Plan to reduce the rear yard setback from fifteen (15) feet to one (1) foot for Lot 112 in order to accommodate a home addition on an existing 14 foot by 18 foot concrete slab installed at the time the house was originally constructed. Property located at 1747 Banyan Creek Court within the P.U.D. (Planned Unit Development) zoning district (see Exhibit "B"). The subject P.U.D. is a mix of single-family homes on approximately 56 acres and garden apartments on approximately 30 acres. The P.U.D. is located on the east side of Knuth Road between Boynton Beach Boulevard and the LWDD L-25 Canal to the south (see Exhibit "A" - Location Map). The HOA has indicated that they received a request from homeowner Voncile Smith to construct a small addition at the rear of her home, on a 14 foot by 18 foot concrete patio poured at the time of the original house construction. Ms. Smith received approval from the HOA Board to construct a bedroom addition on the existing concrete slab. The Master Plan for Stonehaven established rear setbacks for buildings at 15 feet from the property line. The rear of the house is currently at the 15 foot setback and the concrete patio extends another 14 feet, to within one (1) foot of the rear property line. The HOA Board voted to allow the proposed construction for this lot only, preferring to handle future requests on a case-by-case basis, and therefore submitted this request exclusive to this particular lot. Chapter 2, Article II, Section 2. D. 6. , Master Plans, of the City Land Development Regulations states that changes in planned unit developments shall be processed through the Planning and Development Board and the City Commission. ANAL YSIS The purpose and intent of setbacks is to create separation between units, principally for safety, visibility, and maintenance purposes. This is accomplished by allowing buildings and ancillary structures to be setback a certain distance from the property lines. Also, the impression or feeling of density and openess are affected by setbacks. In some cases, residents are willing to Stonehave HOA MPMD 11-001 Staff Report Memorandum No. 11-045 Page 3 forego a sense of openess in order to accommodate a building addition for the changing needs of the family, versus the need to relocate from a neighborhood they are comfortable with, to gain the additional living area needed. In this particular situation, the rear property line of Ms. Smith's lot (Lot 112) abuts common area/open space owned by the Homeowners Association, which then leads to a body of water (see Exhibit "C"). As such, this lot and the others on this cul-de-sac do not share a common rear property line with property owners on the adjacent cul-de-sac, thus providing separation not typically seen in standard subdivisions. As noted in the HOA letter of request, the Vice President of the HOA states that, "Her lot in the rear of the house directly abuts a section of community property approximately 30' wide which runs from the street (Banyan Creek Court) to the drainage lake. In no way will her addition affect access to the lake, utility easements, or the sightlines of any of her neighbors" (see Exhibit "D"). Staff would agree with this assessment. The letter also states, "The Board of Directors would require other owners requesting change to undertake a separate petition process". As staff, we would typically seek out other lots having these same characteristics and suggest that they too be included in a more comprehensive amendment to the Master Plan, in an effort to streamline future requests and avoid the costs associated with individual amendment petitions. Again however, the HOA Board would prefer to review requests on a case-by-case basis, and staff respects their decision. This request was reviewed for consistency with the P.U.D. development standards in the Land Development Regulations. Also, staff reviewed the request by comparing it with other planned residential developments throughout the city and similar types of amendments that have been made to those Master Plans. Staff has processed two (2) requests for Master Plan Modifications for Boynton Lakes North to reduce rear building setbacks to two (2) feet. The first request was for those lots along one (1) street abutting the L WDD E - 4 Canal. In the second request, staff approved the two (2) foot rear setback on all properties abutting any body of water. In the case of Boynton Lakes North P.U.D., as well as that proposed on Lot 112 of Stonehaven P.U.D., these improvements would all occur within each individual property owner's current property/lot lines, with absolutely no construction allowed on Homeowner Association property. Again, similar to the Boynton Lakes North approvals, staff believes providing additional flexibility in rear setbacks which do not abut other residential lots provides an opportunity for needed house expansion and prevents unnecessary relocations, while keeping the investment and increased value in the City. After reviewing the setback regulations within other P.U.D. developments and acknowledging approvals granted for similar requests in which lots do not directly back up on one another (share a common rear property line), staff believes the request to be beneficial to the homeowner while not creating any adverse impacts or jeopardizing safety. RECOMMENDATION The Planning and Zoning Division recommends that this request for Master Plan Modification be considered non-substantial, and approved subject to the comments included in Exhibit "E" - Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\Stonehaven\ MPMD 12-001 \Staff Report.doc EXHIBIT ..A.. - ZONING LOCATION MAP STONEHAVEN LOT 112 (MPMD 12-001) 450 225 0 I 450 900 1,350 ~et EXHIBIT "B" '. , , , .~ .... . .,L', ,~.~ ~. ',". ;: '".,. - R "'.1 ',. , . -. :/...;L:,..~:.~_;, -'~ :.~: . "'"'1-' . '.., , ~ '-,' .'-".' ," ~ ", '. U'. ..'~ .' ";'--','. . ..., : (" ""';"~'~~?~'~~~:":" , '. '. r'\ ':.11 ..:.':>~,'\:,...... ,.'\4 '" '.. !I Jj I'd 1<., .,~ ;' . '. ......... 'j 'c..~,. '. ." , .., ': . ."f .' " ,...... ..... .."... '.. . ., . :. '. . I.... . "" " "'. ./ .", . . . ':". '~'. '. " ' '., '" ....- " ", .", . .' J :", ~ . _ . "I ~ '. : ~,': .- '-<";.: " .;' ;. 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JI EXHIBIT 0 ~- 31, 1 Re: Specifically, you have sure it EXHIBIT "E" Conditions of Approval Project name: File number: Reference: Stonehaven HOA MPMD 11-001 Master Plan Amendment for rear setback of Lot 112 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/ENVIRON M ENT ALlST Comments: None PLANNING AND ZONING Comments: 1. Rear lot setback adjustment from 15 feet to 1 foot for Lot 112 only. Future requests will be throuqh separate Master Plan Modification Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT application. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 2. To be determined. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 3. To be determined. S:\Planning\SHARED\WP\PROJECTS\Stonehaven\MPMD 11-001 \COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Stonehaven HOA (MPMD 11-001) APPLICANT'S AGENT: Ms. Voncile Smith AGENT'S ADDRESS: 1747 Banyan Creek Court, Boynton Beach, FL 33436 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 15, 2011 TYPE OF RELIEF SOUGHT: Request Master Plan Modification to reduce rear setback from 15 feet to 1 foot for Lot 112. LOCATION OF PROPERTY: 1747 Banyan Creek Court, Boynton Beach, FL 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 "E" 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 DA TED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Stonehaven\MPMD 11-001 \DO.doc DI. Wholesale Motor Vehicle Dealer DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 11-044 STAFF REPORT TO: Chair and Members Planning and Development Board and City Commission THRU: Michael Rumpf Director of Planning & Zoning FROM: Eric Lee Johnson, AICP, LEED Green Associate Planner II DATE: October 20, 2011 PROJECT NAME/NO: Quantum Park DRI, Lot 70 (Wholesale Vehicle Dealer) / (USAP 12-001) with Use Approval to allow a wholesale vehicle dealer (with no on-site sales) the use options of Office & Industrial (01) on Lot 70 REQUEST: PROJECT DESCRIPTION Property Owner: Duke PGC at Quantum 1 9, LLC ("Duke") Agent: Scott Backman, Esq. Location: Quantum Park DRI Lot 70 (see Exhibit "A") Existing Land Use/Zoning: Development of Regional Impact (DRI) / Planned Industrial Development (PID) Proposed Land Use/Zoning: No change proposed PID Use Options: Office & Industrial (01) Proposed Use: sq ua re Wholesale Vehicle Dealer (with no on-site sales) in an existing 10,830 foot building Acreage: 3.6 acres Adjacent Uses: North: Existing light industrial building, classified Development of Regional Impact (DRI), zoned Planned Industrial Development (PI D), with an Office Industrial (01) Quantum Park PID land use option; South: Existing light industrial building (Puradyn Filter Tech), classified Development of Regional Impact (DRI), zoned Planned Industrial Development (PID), with an Office Industrial (01) Quantum Park PID land Quantum Park DRI Lot 70 (USAP 12-001) Staff Report Memorandum No PZ 11-044 Page 2 use option; East: Right-of-way for High Ridge Road, still farther east an existing building (CarMax Auto Superstore) classified Development of Regional Impact (DRI), zoned Planned Industrial Development (PID), with a Commercial (COMM) Quantum Park PID land use option; and West: Dedicated scrub habitat (Sand Pine Preserve). BACKGROUND Mr. Scott Backman of Siegel, Lipman, Dunay, Shepard & Miskel, LLP submitted a request for use approval on Lot 70 of the Quantum Park Planned Industrial Development (PID) (see Exhibit "B"). This request was submitted on behalf of the property owner/landlord (Duke) and their prospective tenant (Jasad, Inc.). The proposed use is intended to only apply to Lot 70 and is described as the follows: . Wholesale Vehicle Dealer (with no on-site sales) (Lot 70) The approval of a list of permitted uses is required for all PIDs. The original Quantum Park PID Master Plan did not include the above-referenced use and that is the reason the applicant is now requesting use approval. Similar to past requests, the Quantum Park Master Plan's permitted uses list is incrementally modified in connection with the approval of each new development within the PID. In approving a particular use, the Planning and Development Board must make findings that the proposed use will not be in conflict with the operational performance standards listed in Part III (LDR), Chapter 3, Article IV, Section 1, and that uses proposed are consistent with the intent and purposes ofthe PID. ANALYSIS The applicant is required to address the operational performance standards of the land development regulations as they relate to the proposed list of permitted uses. The purpose of the operational performance standards are to ensure that uses will not be a nuisance or hazard to persons, animals, vegetation, or property located on adjacent 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; odor, glare, heat or humidity; radiation, electromagnetic interference, fire or explosive hazard, liquid waste discharge, or solid waste accumulation. The applicant has been asked to provide a description of their request relative to the performance standards within Chapter 3, Article IV, Section 1 of the land development regulations to evaluate the impact and appropriateness of this use within the PID district. These responses are listed as follows: 1. Noise: No use shall be carried out on the property so as to create sound which is in violation of Section 15-8 of the City Ord i na nces. No additional noise is anticipated from the wholesale dealer, due in part, because all operations would occur indoors. A likely scenario would be that an auto transport trailer would bring vehicles to the subject property where they would be unloaded and stored indoors. It should be noted that no automotive repair of any nature is proposed on-site, and all such activities, would occur off-premises. The applicant states "at most, the proposed use simply involves the standard engine noise from passenger vehicles as they are loaded in and out of the warehouse bay. " Quantum Park DRI Lot 70 (USAP 12-001) Staff Report Memorandum No PZ 11-044 Page 3 2. Vibrations: No use shall be carried out on the property so as to create inherently and recurrently generated ground vibrations, which are perceptible without instruments at any point at or beyond the property line. No discernable vibration, which would violate this performance standard, is anticipated by the proposed use. The applicant states, "The use is low impact and simply involves loading vehicles in and out of the warehouse bay. " 3. Smoke, dust, dirt, or other particulate matter: No use shall be carried out on the property so as to allow the emission of smoke, dust, dirt, or other particulate 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 beyond the property line. Furthermore, no use will be carried out on the property so as to allow the emission of any substances in violation of any federal, state, county, or city law or permit governing the emission of such substances. Staffanticipates the proposed use would generate no smoke, dust, dirt, or other particulates that exceed the standards for such emissions found in federal, state, county or city laws. The applicant states, ''All vehicles that will pass through the property have passed state emission requirements. " 4. Odors and fumes: No use shall be carried out on the property 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 the property. Staff anticipates the proposed use would ~~reoo~~oom~~~~~~~~~5m~mw~ 5. Toxic or noxious matter: No use shall be carried out on the property so as to allow the emission of toxic or noxious matter in such concentration as to cause damage to property, vegetation, discomfort, or harm to persons or animals, or otherwise prevent the reasonable use and enjoyment of property or rights-of-way at or beyond the proposed property boundary; or to contaminate any public waters or any groundwater, or harm to persons or animals, or otherwise prevent the reasonable use and enjoyment of property or rights-of-way at or beyond the proposed property boundary; or to contaminate any public waters or any groundwater. Staffanticipates the proposed use would discharge no toxic or noxious matters, and will cause no damage to property or vegetation or discomfort or harm to persons or animals, or otherwise prevent the reasonable use and enjoyment of property or rights-of-way at or beyond the proposed dealerships property lines, nor will any contamination of the public waters or groundwater result from the proposed use. 6. Fire and Explosion: No use shall be carried out on the property 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 provision in Chapter 9 of the City of Boynton Beach Code or Ordinances. The applicant states, "The proposed use will not create a fire or explosion hazard. The vehicles are only being stored in the warehouse bays and no activities or operations will occur on premises that create the threat of fire or explosion." Staff concurs. 7. Heat, Humidity or Glare: No use shall be carried out on the property so as produce heat, humidity or glare readily perceptible at any point at or beyond the property line of the 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 regulations, so as not to create a nuisance to such residential uses. The applicant states, "The proposed use will not produce heat, humidity, or glare in any manner, let alone beyond the property lines. As Quantum Park DRI Lot 70 (USAP 12-001) Staff Report Memorandum No PZ 11-044 Page 4 noted above, the use simply involves storing and transporting vehicles, which does not produce any heat, humidity, or glare. Staff concurs. 8. Liquid Waste: No use shall be carried out on the property so as to dispose of liquid waste of any type, quantity, or manner, which is not in conformance with the provisions of Chapter 26 or the City of Boynton Beach Code or Ordinances, or any applicable federal, state, or county laws or permits. Any applicable provisions of Chapter 26 of the City Of Boynton Beach Code of Ordinances, or any applicable federal, state, or county laws or permits shall be complied with. Staffanticipates that no liquid waste of any type, quantity or manner not in conformance with Chapter 26 of the City code would be used or disposed of by the proposed wholesale dealer. 9. Solid Waste: No use shall be carried out on the property so as to allow the accumulation or disposal of solid waste which is not in conformance with Chapter 10 of the City Ordinances, or which would cause solid waste to be transferred in any manner to adjacent or nearby property or rights-of-way. The applicant states, "The proposed use will not generate and does not anticipate anyon-site disposal of solid waste." Staff concurs and anticipates that any waste collected and disposed of, would be in conformance with Chapter 10 of the City code. 10. Electromagnetic Interference: No use shall be carried out on the property so as 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 on the property 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. The applicant states, 'The proposed use will not create electromagnetic radiation. The use is such that no electromagnetic radiation will be generated by the storage and transfer of vehicles. " Staff concurs and anticipates the proposed use would cause no interference with normal radio or television reception in the City. 11. Hazardous Materials and Hazardous Waste: The operator of any use on the property that uses, handles, stores, or displays hazardous materials or that handles hazardous waste, as defined in 40 Code of Federal Regulations, Part 261 shall be required to obtain a permit in accordance with Section 11.3, Environmental Review Permits ofthe City Ordinances. Staff anticipates the proposed use would not create, use, store, or handle hazardous materials or hazardous wastes. As previously mentioned, the site is designated with an "01" land use option and developed to accommodate office/warehouse uses. The "01" designation is intended for general wholesaling activities; however, staff does not construe a wholesale vehicle dealer to be similar to other, more traditional "wholesaling" businesses. This determination is based on the operational characteristics, zoning use descriptions, and standards associated with vehicle dealerships. Such operational uniqueness is, in part, attributed to parking intensity and site layout, traffic characteristics, signage and potentially, customer activity which greatly contrasts the site standards and capacity of properties designed/built for warehousing. It is important to note that state licensing requirements for vehicle brokerage would allow for both wholesale and retail sales, which may be inconsistent with local zoning restrictions. Therefore, wholesale and/or new or used retail auto dealers are not permitted under the "01" land use option, and staff is very cautious to prevent the further addition of retail-intensive uses on "industrial" land. Quantum Park DRI Lot 70 (USAP 12-001) Staff Report Memorandum No PZ 11-044 Page 5 According to the applicant, the "sole business operation focuses on purchasing vehicles and storing them within the warehouse until they are transported off property to be sold wholesale at auto auctions or other similar facilities. All parties are acutely aware of the City's concern that the proposed use may operate as a used car dealership." It should also be noted that the subject use approval would only apply to Lot 70. Based on the applicant's stated business plan, which includes no on-site sales, it is staff's opinion that little customer traffic would occur at the site and that Duke has initiated proper safeguards to ensure the proposed tenant would properly operate as a wholesaler and not as a new or used car dealer. There will be no on-site sales of their vehicle inventory as well as no outdoor display of vehicles. The decision to support this request is reinforced, due to the limited scope of application (i.e. Lot 70 only) and the City's confidence in Duke's ability to self-police and void any lease agreements found to be in default from the original agreement. RECOMMENDATION It is the determination by staff that the requested "wholesale vehicle dealer (with no on-site sales)" use would be consistent with the intent and purpose of the 01 land use option of Lot 70 in the Quantum Park PID. Any recommendations made by the Board or Commission would be included in Exhibit "D" - Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\Quantum Lot 68-70\USAP 12-001 (Wholesale Motor Vehicle Dealer)\USAP 12-001 Wholesale Dealer Staff Report.doc EXHIBIT "A" - SITE LOCATION MAP WHOLESALE VEHICLE DEALERSHIP LOT 70 USAP 12-001) 290 145 0 ~-- 290 580 870 Ct) 0) ~ ~ CIJ f5 ~ ~ 1,160 5 I Feet DEPARTMENT OF DEVELOPMENT MEMORANDUM NO. PZ 11-046 DATE: October 17, 2011 RE: Quantum Park of Commerce PI D - Permitted Uses (Update of Previous Memorandum dated September 1, 1999 Memorandum No PZ 99-215, January 12,1989, June 22,1990, October 16,1992, July 9,1998, March 13, 2000, October 16,2001, September 9,2002 and correction of error on Memorandum dated August 5,1992, January 24,2003, May 7,2004, May 28,2004, June 14, 2004, September 14,2004, October 18,2005, February 13, 2007, April 10, 2008, and June 2,2010). The following uses have been approved to date by the Planning & Development Board and City Commission for the Quantum Park of Commerce Planned Industrial Development: A. COMMERCIAL ./ Professional and Business Offices 1 ./ Nursery Schools and Day Care Centers 9 ./ Used and New Car Sales (CARMAX) ./ Gas Station with Convenience Store and Car Wash3 ./ Restaurants with or without Drive-through5 ./ Retail (only on Lots with the commercial use option per the Quantum DRI Master Plan) ./ Hotel10 ./ Indoor Athletic Instruction/Training 12 B. OFFICE ./ Professional and Business Offices 1 ./ Nursery Schools and Day Care Centers ./ Meeting Hall for Masonic Lodge ./ Rehabilitation Hospital6 ./ Charter School 11 ./ Medical Offices? ./ Lions Club ./ School and Educational Services - Home Inspection Trade Training Center, weekends ? only ./ Banks 10 ./ Indoor Athletic Instruction/Training 12 C. INDUSTRIAL ./ Solvent Distribution Facilitl ./ Warehouse, Distribution, Wholesale ./ Electronics Manufacturing ./ Research and Development Laboratories ./ FP&L Substation (utility facilities) ./ Research, Development, & Manufacturing of Spray Dispensing Systems and Chemical Specialty Liquid Products (Packaging Concepts) ./ Cosmetics and Perfume Manufacturing (BGI) ./ Manufacturing, Fabrication, and Assembly of Furniture ./ Stone cutting and finishing (Oriana Granite Lot 50-A [CC 6-6-00]) ./ Design, Manufacturing, Storage, Distribution of Decor Elements (Ed Carey design) 4 ./ Outdoor Storage ./ Assembly of Automated Packaging Machines & Ancillary Office & Warehouse ./ Manufacturing, fabrication, and processing of machinery, equipment, appliances, parts, and tools, limited to assembly of finished parts and materials. 8 ./ Gymnastic centers and cheerleading schools? ./ Installation, repair, and service of alarms, stereos, and window tinting for automobiles, including ancillary sales? ./ Charter School 11 ./ Indoor Athletic Instruction/Training 12 ./ Wholesale Vehicle Dealer (with no on-site sales) 13 D. GOVERNMENTAL/INSTITUTIONAL ./ Public High School ./ Fraternal Order of Police Clubhouse ./ Tri-County Railroad Station, Park & Ride All businesses shall state, as part of the occupational license application, whether the business would use, handle, store, generate or display hazardous materials, hazardous waste, or toxic substance, as the same are defined by 40 Code of Federal Regulations, Part 261; or the Florida Substance List as set forth in Rule 4A-62.004, Florida Administrative Code, in which case a City Fire Department Hazardous Material Disclosure Form shall be required in accordance with Part II, Section 9-71 of this code. 1 Requires Conditional Use Approval (See Section 11.2 of Appendix A, Zoning) 2 Requires Hazardous Material Disclosure Form be submitted with occupational license application. 3 Applies to Lot 65B-Mobil and Lot 91 Hess 4 Applies to Lots 32-38, 68A-70, 72, and 73A-76 with conditions (maximum 15% of site) 5 Applies to Lots 81 and 82 only. 6 Applies to Lots 48A, 48B, and 48c only. 7 Applies to Lot 3 only. 8 Applies to any lot with IND or I included in the use designation. 9 Applies to Lots 76-80 only. 10 Applies to Lot 1 only. 11 Applies to Lots 18, 19 & 21 only. 12 Requires review of parking to ensure adequate parking exists. 13 Applies to Lot 70 onlv. MWR/elj S:\Planning\SHARED\WP\PID Permitted uses list\QUANTUM PARK PID use list rev 10-17-11 (ej).doc EXHIBIT C SIEGEL, LrPMAN. 0 UNAY. SHEPARD & MISKEL LLP GARY S. DUNAY KENNETH W. LIPMAN BONNIE MISKEL .JONATHAN L. SHS:PARD CARL. E. SIEGEL. THE PLAZA. SUITE 80 r 5355 TOWN CENTER ROAD BOCA RATON, FLORIDA 33486 (561) 36e-7700 FAX: (S6 I) 36e-9274 WWW.SLDSMLAW.COM scon BACKMAN LINDA B. LYMAN a October 10, 2011 By Hand Delivery Ed Breese, Planner City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33425 Re: PID Use Approval for Quantum Park of Commerce (the "parkH) Dear Mr. Breese: Further to recent meetings and telephone discussions, please accept this letter and attached supporting documentation requesting a new PID Use Approval pursuant to Chapter 3, Article IV, Section 3.C. of the City Code ("Use Approval"). As we have previously discussed, Duke PGC at Quantum 1-9, LLC, has a tenant in place that would like to utilize 10,830 square feet of the building located on Lot 70 within the Park. The tenant, JASAD, Inc., operates a wholesale vehicle dealership, as defined by the State of Florida Department of Highway Safety and Motor Vehicles, whose sole business operation focuses on purchasing vehicles and storing them within the warehouse until they are transported off property to be sold wholesale at auto auctions or other similar facilities. All parties involved are acutely aware of the City's concern that the proposed use may operate as a used car dealership. The enclosed materials are intended to support the Use Approval and comfort the City's concerns that JASAD, Inc. will not operate in a manner otherwise inconsistent with or not permitted by City regulations. . Specifically, you will find the following documentation enclosed to support the Use Approval: 1. Use Approval Narrative and Justification Statement. 2. Aerial representation of Quantum Park of Commerce. 3. JASAD, Inc. Business Plan. 4. Applicable Florida Department of Motor Vehicle regulations. 5. Correspondence from Helene Talamo at DMV with Lynn Ashe Goldberg, principal in JASAD, Inc. 6. Applicable DMV License Application. 7. Letter agreement between Duke Realty and JASAD, Inc., acknowledging wholesale use permitted under lease and automatic default provisions. 8. Relevant provisions of DukejJASAD lease. 9. Resume of Barry Alan Goldberg, principal in JASAD, Inc. EXHIBIT C I am hopeful the enclosed information is sufficient to move the Use Approval forward to the October Planning and Development Board meeting and November City Commission meeting. Following your review of thE?;enclosed materials, please do not hesitate to contact me if you have any questions or require an tfditional information. SB/rmm Enclosures cc: Michael Rumpf, Director Mr. Robert Close Mr, Barry Goldberg Ms. Lynn Goldberg EXHIBIT C SrEGEL. LIPMAN, DUNAY. SHEPARD & MISKEL. LLP GARY S. DUNAY KENNETH W. LIPMAN BONNIE MISKEL ..JONATHAN L. SHEPARD CARL E. SIEGEL THE PLAZA. SUITE BO J 5355 TOWN CENTER ROAD BOCA RATON, FLORIDA 334B6 (56Il.368-7700 FAX: (561l .368-9274 WWW.SLDSMLAW.COM SCOlT BACKMAN LINDA B. LYMAN Narrative and Justification for Use Approval Application Duke PGC at Quantum 1-9, LLC/JASAD,lnc. Duke PGC at Quantum 1-9, LlC-("Duke"), as owner/landlord, and JASAD, Inc., as tenant, are seeking Use Approval to operate an automotive wholesaler within 10,830 square feet of the building located on lot 70 ("Property") within the Quantum Park of Commerce Planned Industrial District (liPID"). The permitted PID uses for the Property currently allow wholesaling, warehousing and storage, all of which combined encompass the proposed use of the Property for automotive wholesale. Specifically, the proposed use will operate by purchasing vehicles only (no sales) out of the 2,000 square foot office and storing them indoors within the 8,830 square foot warehouse bay. These vehicles will be periodically transported to local and national auto auctions and other wholesale outlets for distribution back into the chain of commerce. The proposed use is heavily industrial in nature and will at no times display or sell vehicles on the Property. The proposed use will also be regulated pursuant to a Wholesale Motor Vehicle Dealer license from the Florida Department of Highway and Motor Vehicles. These licenses are governed by Chapter 320, Florida Statues, and provide substantial safeguards to ensure compliance with the applicable license. In this case, the proposed use of a "Wholesale motor vehicle dealer" is defined as "any person who engages exclusively in the business of buying, selling or dealing in motor vehicles at wholesale or with motor vehicle auctions." Such dealers are not permitted to display vehicles and are only permitted to sell vehicles to other licensed dealers or auto auctions and are specifically prohibited from selling vehicles to the public at large. Wholesale dealers are also monitored annually through requirements to renew the license and complete continuing education. The DMV regulations also establish penalties for violating the license that include criminal penalties, civil penalties, fines and suspensions/revocation of the license. As noted above, Duke owns the Property where this use is proposed. In addition to the Property, Duke owns eight (8) buildings and ::!:800,OOO square feet within the PID. Duke is one of the largest commercial/office/industrial landowners in the country with ::!:141 million square feet of properties in major metropolitan areas. locally, Duke owns :!:7 million square feet of commercial/office/industrial space and is one of the largest office and industrial owners in Broward and Palm Beach counties. Duke is obviously a well established and reputable company that polices itself and its tenants to ensure all users within their properties operate in conformance with local regulations. SIEGEL, LIPMAN, DUNAY, SHEPARD & MISKEL, LLP GARY S, DUNAY KENNETH W, LIPMAN BONNIE MISKEL JONATHAN L, SHEPARD CARL E. SEIGEL THE PLAZA SUITE 801 5355 TOWN CENTER ROAD BOCA RATON, FLORIDA 33486 (561! 368-7100 FAX: (561) 368.9274 WWW.SLDSMLAW.COM SCOTT BACKMAN LINDA B LYMAN MEMORANDUM DA TE: October 20, 2011 VIA E-MAIL TO: Ed Breese Eric Johnson FROM: Scott Backman RE: Duke / JASAD, Inc. - Operational Performance Standards for PID Use Approval Petitioner will demonstrate compliance with the Operational Performance Standards as set forth below: Operational Performance Standards. 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 adjacent 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. 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. Response: The proposed use l?f the Property will in no way violate the regulations established by Section 15-8. Section 15-8 l?f the City Code establishes a noise control Page 1 of 4 program to ensure quiet enjoyment l?f property within the City free from the interference l?f nuisances associated with excess noise from any particular use. The proposed use is a low impact use that will not generate excessive noise so as to create a sound disturbance as defined by Section 15-8.2. At most the proposed use simply involves standard engine noisefrom passenger vehicles as they are loaded in and out l?f the warehouse bay. B. Vibrations. 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. Response: The proposed use will not generate ground vibrations. The use is low impact and simply involves loading vehicles in and out l?f the warehouse bay. C. Particulate 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. Response: The use will not generate particulate matter that violates any local, state or federal emission or air quality standards. As noted above, the proposed use is low impact and simply involves loading vehicles in and out l?f the warehouse bay. All vehicles that will pass through the Property have passed state emission requirements. D. Odor. 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. Response: The proposed use will not result in o~;ection or l?ffensive odors or fumes. Any odors or fumes associated with the proposed use are simply the result l?f standard vehicle emissions, which meet all state emission requirements as noted above. E. Toxic 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. Response: The proposed use will not result in the discharge l?f any toxic or noxious 08'20941'm.2 Page 2 of 4 matter. This is a low impact use that simply involves the storage and tran.~fer l?f vehicles to auto auctions and other wholesale outlets. F. Fire and Explosions. 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 of the City of Boynton Beach Code of Ordinances. Response: The proposed use will not create a .fire or explosion hazarcl The vehicles are only being stored in the warehouse bays and no activities or operations will occur on premises that create the threat l?ffire or explosion. G. Heat, Humidity, and 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 of the 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. Response: The proposed use will not produce heat, humidity or glare in any manner, let alone beyond the property lines. As noted above, the use simply involves storing and transporting vehicles, which does not produce any heat, humidity or glare. H Waste. 1. Liquid Waste. No use shall be carried out in any zoning district so as to dispose of liquid waste of any type, quantity, 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, state, or county laws or permits. Response: The proposed use will not generate and does not anticipate any on site disposal l?f liquid waste. 2. Solid Waste. 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 of the 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. Response: The proposed use will not generate and does not anticipate any on site disposal l?fsolid waste. I. Electromagnetic Interference. No use shall be carried out in any zoning district so as to create electromagnetic radiation which causes abnormal degradation of 08'20941'm.2 Page 3 of 4 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. Response: The proposed use will not create any electroffutgnetic radiation. The use is such that no electromagnetic radiation will be generated by the storage and tran.~fer l?f vehicles. 08'20941'm.2 Page 4 of 4 EXHIBIT "D" Conditions of Approval Project name: Quantum Park DRI, Lot 70 (Wholesale Vehicle Dealer- with no on-site sales) File number: USAP 12-001 Reference: Quantum Park DRI Use List Revision Request 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/ENVIRONMENTALIST Comments: None PLANNING AND ZONING Comments: 1. No on-site sales shall be conducted on-site. Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT 2. No outside vehicle displav shall be conducted on-site. ..., No vehicle or automobile repair shall be conducted on-site. .,. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: To be determined. ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Quantum Lot 68-70\USAP 12-001 (Wholesale Motor Vehicle Dealer)\COAdoc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Quantum Park DRI, Lot 70 (Wholesale Vehicle Dealer with no- onsite sales) APPLICANT'S AGENT: Mr. Scott Backman with Siegel, Lipman, Dunay, Shepard & Miskel, LLP AGENT'S ADDRESS: 5355 Town Center Road, Suite 801, Boca Raton, FL 33486 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 15, 2011 TYPE OF RELIEF SOUGHT: Request use approval for wholesale vehicle dealership on Lot 70 in the Quantum Park PID. LOCATION OF PROPERTY: Lot 70, Quantum Park PID DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X 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 "E" 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 DA TED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Quantum Lot 68-70\USAP 12-001 (Wholesale Motor Vehicle Dealer)\DO USAP 12-001.doc J A S A INC. D 9858 Glades Rd Boca Raton, FL 33434 JASAD,lnc.. Business & OperatinR Plan The Company The principals of JASAD, Inc have formed this company to bring to the wholesale automotive community another venue for supplying to the large "Dealer only" auction houses. The owner, an automotive expert with over 30 years of vehicle sales experience, and operations manager have over 60 years of combined experience in the wholesale automotive industry. The core of the business format is to provide the public with the highest possible appraised value for their vehicle while supplying the wholesale community with good, dean, local cars direct from the source. The business thrives on its ability to cut out the "middle man", the franchise dealers that pack and inflate the traded vehicles. Our company will transport all vehicles purchased from the public to "Dealer Auctions". We will maintain a weekly presence amongst the local Auction Houses and become known for our dean, quality vehicles. We will operate with a relatively small amount of capital, as our inventory will be shipped out and sold immediately. We will provide local jobs and fair compensation to our employees, and a fair return to its owners. Hard work and performance is rewarded through bonuses and commissions. Job satisfaction is very important for employees and owners, we. will create a work environment that is enjoyable and profitable for all. Executive Summary There is a need in Palm Beach County for multiple avenues for individuals to sell their vehicles. JASAD will buy these vehicles at a competitive price and utilize our excellent working relationships with local dealers and wholesale auctions in order to keep our fingers on the pulse of the market so that we may provide the highest purchase price to our customers. We will be successful because we offer something different; a pleasant car sellin~... experience. We will create a selling environment that caters to the cu{!U;@~~ ~ [g) 12 We are buying with professional 'service and knowledge car valuation that will bring customers back again, as well as referring friends and family. We will be successful because of the excellent team we have assembled and the drive and determination of the owners. Objectives: . 100% customer satisfaction, measured through repeat customers, referrals and surveys. Mission We are high-volume automobile buyers who focus on our custo'mers receiving the maximum value when selling a vehicle in a fast, convenient way. We offer fair and transparent valuations based on our expert knowledge and years of experience in the industry. We eliminate all the hassles normally associated with selling your vehicle in the open market such as buying and placing ads, handling phone calls and emails from interested buyers, payment and loan approval delays, and having to constantly arrange your schedule in order to meet with potential buyers just to show your car. We fill a specialized need in the market and industry. No headaches. No hassles. We simply buy cars and deliver them volume to auto auctions and other wholesalers. It's that easy! Keys to Success business model succeeds in the industry because we: 1. Have a team of knowledgeable and experienced professionals. 2. Are located in an excellent high-traffic location. 3. Have established a long-standing reputation at Dealer Auctions, in order to sell vehicles that are of the highest reliability and quality, at a competitive price. 4. Ensure customer satisfaction by encouraging the two most important values, honor and integrity. 5. Create high morale by rewarding employee success. Industry / Market Analysis The automotive wholesaling business is the critical link that allows for the efficient flow of products from new car dealership trade-ins to used car dealership retail lots. Several large "dealer only" auto auctions function throughout the United States to form the basis of the industry. Supplementing the activities of the major "dealer only" auction houses are hundreds of independent wholesalers. These wholesalers allow for sufficient movement of products among distribution channels. The industry is continuing to grow at or above population increases. Vehicles are the second largest purchase most consumers make, and people are buying used vehicles more than ever. This trend has driven the average used car value up and created a demand for good clean used cars. With the cost of new vehicles continuing to spiral and used vehicles becoming more and more reliable, the used car market promises a great future. Market Growth The trade publication Automotive News reports that in February 2010, the average wholesale price of a car was up 6 percent from February 2009 and up 4 percent from January 2010. Used-truck wholesale prices were 11 percent higher than last year, and 2 percent higher than the previous month. Full-size vans and big SUVs led the charge with 33 percent and 11 percent year-over-year increases respectively. The luxury segment was up 18 percent year over year. Tom Webb, chief economist at Manheim, in Atlanta, which specialiies the wholesale used-vehicle market and operates auctions for dealers, says, "I would expect prices to remain high." It's simply a result of supply and demand, Webb says. Management Summary The Company is owned and operated by individuals with more of experience in the wholesale automotive industry. 60 combined years Barry Goldberg has been a pioneer in the Automotive Wholesale Industry since 1980. He Established a very successful Automotive Wholesale Company; with a route between the major East Coast dealer auto auctions. He than Identified and capitalized an emerging opportunity in the used car market in Washington D.C., and developed the "Public Auto Auction" concept. He Owned and operated "Fairfax Public Auto Auction" for two years, until the operation relocated to Vienna Virginia and became known as "Tysons Public Auto Auction". He Managed and administered this business with thirty full time employees and fifteen part time employees. Specific duties included inventory acquisition and direct management of five full time inventory buyers. Other duties included Auctioning. Lynn Ashe has been working with Barry Goldberg since the early 1990's. With a MBA from George Washington University and a BA from the University of Maryland, Lynn has been instrumental in implementing all operational, financial and management teams within the general organizations that Barry has owned and operated. Lynn has been a dynamic, hands-on manager with an ability to utilize organization and communication skills to accomplish tasks. Positive people oriented skills with personnel. clients and vendors have added to a successful management style. She is a multi- talented individual who enjoys challenges, learning and professional success. The Florida Statutes - The Florida Sel Page t of 15 ,.."..,,, T'!'" II d S 1- .tne l-il0n ...a enate TITLE XXIII MOTOR VEHICLES CHAPTER 320 MDTOR VEHICLE. LICENSES Y1J;W I;~TlRE CI1APTER 320.27 Motor vehicle dealers.- (1) DEFINITIONS. - The following words, terms, and phrases when used in this section have the meanings respectiv~ly ascribed to them in this subsection, except where the context clearly indicates a different meaning: (a) #Department" means the Department of Highway Safety ,and Motor Vehicles. (b) #Motor vehicle" means any motor vehicle of the type and kind required to be registered and titled under chapter 319 and this chapter, except a recreational vehicle, moped, motorcycle powered by a motor with a displacement of 50 cubic centimeters or less, or mobile home. (c) #Motor vehicle dealer" means any person engaged in the business of buying, selling, or dealing in motor vehicles or offering or displaying motor vehicles for sale at wholesale or retail, or who may service and repair motor vehicles pursuant to an agreement as defined in s. 320.60(1). Any person who buys, sells, or deals in three or mor~ motor vehicles in any 12- month period or who offers or displays for sale three or more motor vehicles in any 12- month period shall be prima facie presumed to be engaged in such business. The terms "selling" and IIsale" include lease-purchase transactions. A motor vehicle dealer may, at retail or wholesale, sell a recreational vehicle as described in s. 320.01(1)(b)1.-6. and 8., acquired in exchange for the sale of a motor vehicle, provided such acquisition is incidental to the principal business of being a motor vehicle dealer. However, a motor vehicle dealer may not buy a recreational vehicle for the purpose of resale unless licensed as a recreational vehicle dealer pursuant to s. 320.771. A motor vehicle dealer may apply for a certificate of title to a motor vehicle required to be registered under s. 320.08(2)(b), (c), and (d), using a manufacturer's statement of origin as permitted by s. 319.23(1), only if such dealer is authorized by a franchised agreement as defined in s. 320.60(1), to buy, selt or deal in such vehicle and is authorized by such agreement to perform delivery. and preparation obligations and warranty defect adjustments on the motor vehicle; provided this limitation shall not apply to recreational vehicles, van conversions, or any othe:tft{ltlO i\.iM~ 1 http://www.flsenate.govlLawslStatutesl20 11/320.27 011 The Florida Statutes - The Florida Sen Page 2 of 15 manufactured on a truck chassis. The transfer of a motor vehicle by a dealer not meeting these qualifications shall be titled as a used vehicle. The classifications of motor vehicle dealers are defined as follows: 1. "Franchised motor vehicle dealer" means any person who engages in the business of repairing, servicing, buying, selling, or dealing in motor vehicles pursuant to an agreement as defined in s. 320.60(1). 2. 14Independent motor vehicle dealer" means any person other than a franchised or wholesale motor vehicle dealer who engages in the business of buying, selling, or dealing in motor vehicles, and who may service and repair motor vehicles. 3. #Wholesalemotorvehicle dealer" means any person who engages exclusively in the business of buying, selling, or dealing in motor vehicles at wholesale or with motor vehicle auctions. Such person shall be licensed to do business in this state, shall not sell or auction a vehicle to any person who is not a licensed dealer, and shall not have the privilege of the use of dealer license plates. Any person who buys, sells, or deals in motor vehicles at wholesale or with motor vehicle auctions on behalf of a licensed motor vehicle dealer and as a bona fide employee of such licensed motor vehicle dealer is not required to be licensed as a wholesale motor vehicle dealer. In such cases it shall be prima fade presumed that a bona fide employer-employee relationship exists. A wholesale motor vehicle dealer shall be exempt from the display provisions of this section but shall maintain an office wherein records are kept in order that those records may be inspected. 4. "Motor vehicle auction" means any person offering motor vehicles or recreational vehicles for sale to the highest bidder where buyers are licensed motor vehicle dealers. Such person shall not sell a vehicle to anyone other than a licensed motor vehicle dealer. 5. "Salvage motor vehicle dealer" means any person who engages in the business of acquiring salvaged or wrecked motor vehicles for the purpose of reselling them and their parts. The term "motor vehicle dealer" does not include persons not engaged in the purchase or sale of motor vehicles as a business who are disposing of vehicles acquired for their own use or for use in their business or acquired by foreclosure or by operation of law, provided such vehicles are acquired and sold in good faith and not for the purpose of avoiding the provisions of this law; persons engaged in the business of manufacturing, selling, or http://www.flsenate.govlLawslStatutes/201 1/320.27 10/6/2011 The Florida Statutes - The Florida Ser Page 3 of]5 offering or displaying for sale at wholesale or retail no more than 25 trailers in a 12-month period; public officers while performing their official duties; receivers; trustees, administrators, executors, guardians, or other persons appointed by, or acting under the judgment or order of, any court; banks, finance companies, or other loan agencies that acquire motor vehicles as an incident to their regular business; motor vehicle brokers; and motor vehicle rental and leasing companies that sell motor vehicles to motor vehicle dealers licensed under this section. Vehicles owned under circumstances described in this paragraph may be disposed of at retail, wholesale, or auction, unless otherwise restricted. A manufacturer of fire trucks, ambulances, or school buses may sell such vehicles directly to governmental agencies or to persons who contract to perform or provide fire fighting, ambulance, or school transportation services exclusively to governmental agencies without processing such sales through dealers if such fire trucks, ambulances, school buses, or similar vehicles are not presently available through motor vehicle dealers licensed by the department. (d) "Motor vehicle broker" means any person engaged in the business of offering to procure or procuring motor vehicles for the general public, or who holds himself or herself out through solicitation, advertisement, or otherwise as one who offers to procure or procures motor vehicles for the general public, and who does not store, display, or take ownership of any vehicles for the purpose of selling such vehicles. (e) UPerson" means any natural person, firm, partnership, association, or corporation. (f) "Bona fide employee" means a person who is employed by a licensed motor vehicle dealer and receives annually an Internal Revenue Service Form W -2, or an independent contractor who has a written contract with a licensed motor vehicle dealer and receives annually an Internal Revenue Service Form 1099, for the purpose of acting in the capacity of or conducting motor vehicle sales transactions as a motor vehicle dealer. (2) LICENSE REQUIRED.-No person shall engage in business as, serve in the capacity of, or act as a motor vehicle dealer in this state without first obtaining a license therefor in the appropriate classification as provided in this section. With the exception of transactions with motor vehicle auctions, no person other than a licensed motor vehicle dealer may advertise for sale any motor vehicle belonging to another party unless as a direct result of a bona fide legal proceeding, court order, settlement of an estate, or by operation of law. However, owners of motor vehicles titled in their names may advertise and offer vehicles http://www.flsenate.govlLaws/Statutes/20 11/320.27 I 0/6/2011 The Florida Statutes - The Florida Sel Page 4 of 15 for sale on their own behalf. It shall be unlawful for a licensed motol vehicle dealer to allow any person other than a bona fide employee to use the motor vehicle dealer license for the purpose of acting in the capacity of or conducting motor vehicle Sales transactions as a motor vehicle dealer. Any person selling or offering a motor vehicle for sale in violation of the licensing requirements of this subsection, or who misrepresents to any person its relationship with any manufacturer, importer, or distributor, in addition to the penalties provided herein, shall be deemed guilty of an unfair and deceptive trade practice as defined in part n of chapter 501 and shall be subject to the provisions of subsections (8) and (9). (3) APPUCA nON AND. FEE. - The application for the license shall be in such form as may be prescribed. by the department and shall be subject to such rules with respect thereto as may be so prescribed. by it. Such application shall be verified by oath or affirmation and shall contain a full statement of the name and birth date of the person or persons applying therefor; the name of the firm or copartnership, with the names and places of residence of all members thereof, if such applicant is a firm or copartnership; the names and places of residence of the principal officers, if the applicant is a body corporate or other artificial body; the name of the state under whose laws the corporation is organized; the present and former place or places of residence of the applicant; and prior business in which the applicant has been engaged and the location thereof. Such application shall describe the exact location of the place of business and shall state whether the place of business is owned by the applicant and when aCquired, or, if leased, a true copy of the lease shall be .attached to the application. The applicant shall certify that the location provides an adequately equipped office and is not a residence; that the location affords sufficient unoccupied space upon and within which adequately to store all motor vehicles offered and displayed for sale; and that the location is a suitable place where the applicant can in good faith carry on such business and keep and maintain books, records, and files necessary to conduct such business, which will be available at all reasonable hours to inspection by the department or any of its inspectors or other employees. The applicant shall certify that the business of a motor vehicle dealer is the principal business which shall be conducted at that location. Such application shall contain a statement that the applicant is either franchised by a manufacturer of motor vehicles, in which case the name of each motor vehicle that the applicant is franchised to sell shall be included, or an independent (nonfranchised) motor vehicle dealer. Such application shall contain such other relevant information as may be bttp:llwww.flsenate.govlLawslStatutesl20111320.21 10/612011 The Florida Statutes - The Florida SeT. Page 5 of 15 " required by the department, including evidence that the applicant is insured under a garage liability insurance policy or a general liability insurance policy coupled with a business automobile policy, which shall include, at a minimum, $25,000 combined singIe- limit liability coverage including bodily injury and property damage protection and $10,000 personal injury protection. Franchise dealers must submit a garage liability insurance policy, and all other dealers ~ust submit a garage liability insurance policy or a general liability insurance policy coupled with a business automobile policy. Such policy shall be for the license period, and evidence of a new or continued policy shall be delivered to the department at the beginning of each license period. Upon making initial application, the applicant shall pay to the department a fee of $300 in addition to any other fees now required by law; upon making a subsequent renewal application, the applicant shall pay to the department a fee of $75 in addition to any other fees now required by law. Upon making an application for a change of location, the person shall pay a fee of $50 in addition to any other fees now required by law. The department shall, in the case of every application for initial licensure, verify whether certain facts set forth in the application are true. Each applicant, general partner in the case of a partnership,.or corporate officer and director in the case of a corporate applicant, must file a set of fingerprints with the department for the purpose of determining any prior criminal record or any outstanding warrants. The department shall submit the fingerprints to the Department of Law Enforcement for state processing and forwarding to the Federal Bureau of Investigation for federal processing. The actual cost of state and federal processing shall be borne by the applicant and is in addition to the fee for licensure. The department may issue a license to an applicant pending the results of the fingerprint investigation, which license is fully revocable if the department subsequently determines that any facts set forth in the application are not true or correctly represented. (4) LICENSE CERTIFICATE.- (a) A license certificate shall be issued by the department in accordance with such application when the application is regular in form and in compliance with the provisions of this section. The license certificate may be in the form of a document or a computerized card as determined by the department. The actual cost of each original, additional, or replacement computerized card shall be borne by the licensee and is in addition to the fee for licensure. Such license, when so issued, entitles the licensee to carry on and conduct the http://www. flsenate.gov/LawslStatutesl20 11 /320.27 10/612011 The Florida Statutes - The Florida Sel Page 6 of IS business of a motor vehicle dealer. Each license issued to a franchise motor vehicle dealer expires annually on December 31 unless revoked. or suspended prior to that date. Each license issued to an independent or wholesale dealer or auction expires annually on April 30 unless revoked or suspended prior to that date. Not less than 60 days prior to the license expiration date, the deparbnent shall deliver or mail to each licensee the necessary renewal forms. Each independent dealer shall certify that the dealer (o~er, partner, officer, or director of the licensee, or a full-time employee of the licensee that holds a responsible management-level position) has completed 8 hours of continuing education prior to filing the renewal forms with the department. Such certification shall be filed once every 2 years. The continuing education shall include at least 2 hours of legal o~ legislative issues, 1 hour of deparbnent issues, and 5 hours of relevant motor vehicle industry topics. Continuing education shall be provided. by dealer schools licensed under paragraph (b) either in a classroom setting or by correspondence. Such schools shall provide certificates of completion to the department and the customer which shall be ~ed with the license renewal form, and such schools may charge a fee for providing continuing education. Any licensee who does not file his or her application and fees and any other requisite documents, as required by law, with the department at least 30 days prior to the license expiration date shall cease to engage in business as a motor vehicle dealer on the license expiration date. A renewal filed with the deparbnent within 45 days after the expiration date shall be accompanied by a delinquent fee of $100. Thereafter, a new application is required, accompanied by the initial license fee. A license certificate duly issued by the department may be modified by endorsement to show a change ~ the name of the licensee, provided, as shown by affidavit of the licensee, the majority ownership interest of the licensee has not changed or the name of the person appearing as franchisee on the sales and service agreement has not changed. Modification of a license certificate to show any name change as herein provided shall not require initial licensure or ~issuance of dealer tags; however, any dealer obtaining a name change shall transact all business in and be properly identified by that name. All documents relative to licensure shall reflect the new name. In the case of a franchise dealer, the name change shall be approved by the manufacturer, distributor, or importer. A licensee applying for a name change ~dorsement shall pay a fee of $25 which fee shall apply to the change in the name of a main location and all additional locations licensed under the provisions of subsection (5). Each initial license application http://www.flsenate.govlLawslStatutesl20111320.27 10/612011 The Florida Statutes - The Florida Set Page 7 of 15 received by the department shall be accompanied by verification that, within the preceding 6 months, the applicant, or one or more of his or her designated employees, has attended a training and information seminar conducted by a licensed motor vehicle dealer training school. Any applicant for a new franchised motor vehicle dealer license who has held a valid franchised motor vehicle dealer license continuously for the past 2 years and who remains in good standing with the department is exempt from the prelicensing training requirement. Such seminar shall include, but is not limited to, statutory dealer requirements, which requirements include required bookkeeping and recordkeeping procedures, requirements for the collection of sales and use taxes, and such other information that in the opinion of the department will promote good business practices. No seminar may exceed 8 hours in length. (b) Each initial license application received by the department for licensure under subparagraph (1)(c)2. shall be accompanied by verification that, within the preceding 6 months, the applicant (owner, partner, officer, or director of the applicant, or a full-time employee of the applicant that holds a responsible management-level position) has successfully completed training conducted by a licensed motor vehicle dealer training school. Such training must include training in titling and registration of motor vehicles, laws relating to unfair and deceptive trade practices, laws relating to financing with regard to buy-here, pay-here operations, and such other information that in the opinion of the department will promote good business practices. Successful completion of this training shall be determined by examination administered at the end of the course and attendance of no less than 90 percent of the total hours required by such school. Any applicant who had held a valid motor vehicle dealer's license continuously within the past 2 years and who remains in good standing with the department is exempt from the preIicensing requirements of this section. The department shall have the authority to adopt any rule necessary for establishing the training curriculum; length of training, which shall not exceed 8 hours for required department topics and shall not exceed an additional 24 hours for topics related to other regulatory agencies' instructor qualifications; and any other requirements under this section. The curriculum for other subjects shall be approved by any and all other regulatory agencies having jurisdiction over specific subject matters; however, the overall administration of the licensing of these dealer schools and their instructors shall remain with the department. Such schools are authorized to charge a fee. http://www.flsenate.govlLawslStatutesI20111320.27 10/612011 The Florida Statutes - The Florida Sen Page 8 orIS (5) SUPPLEMENTAL LICENSE.-Any person licensed hereunder shall obtain a supplemental license for each permanent additional place or places of business not contiguous to the premises for which the original license is issued, on a form to be furnished by the department, and upon payment of a fee of $50 for each such additional location. Upon making renewal applications for such supplemental licenses, such applicant shall pay $50 for each additional location. A supplemental license authorizing off-premises sales shall be issued, at no charge to the dealer, for a period not to exceed 10 consecutive calendar days. To obtain such a temporary supplemental license for off-premises sales, the applicant must be a licensed dealer; must notify the applicable local department office of the specific dates and location for which such license is requested, display a sign at the licensed location dearly identifying the dealer, and provide staff to work at the temporary location for the duration of the off-premises sale; must meet any local government permitting requirements; and must have permission of the property owner to sell at that location. In the case of an off-premises sale by a motor vehicle dealer licensed under subparagraph (l)(c)1. for the sale of new motor vehicles, the applicant must also include documentation notifying the applicable licensee licensed under s~ 320.61 of the intent to engage in an off-premises sale 5 working days prior to the date of the off-premises sale. The licensee shall either approve or disapprove of the off-premises sale within 2 working days after receiving notice; otherwise, it will be deemed approved. This section does not apply to a nonseUing motor vehicle show or public display of new motor vehicles. (6) RECORDS TO BE KEPT BY LICENSEE. - Every licensee shall keep a book or record in either paper or electronic form as prescribed or approved by the department for a period of 5 years, in which the licensee shall keep a record of the purchase, sale, or exchange, or receipt for the purpose of sale, of any motor vehicle, the date upon which any temporary tag was issued, the date of title transfer, and a description of such motor vehicle together with the name and address of the seller, the purchaser, and the alleged owner or other person from whom such motor vehicle was purchased or received or to whom it was sold or delivered, as the case may be. Such description shall include the identification or engine number, maker's number, if ~y, chassis number, if any, and such other numbers or identification marks as may be thereon and shall also include a statement that a number has been obliterated, defaced, or changed, if such is the fact. When a licensee chooses to maintain electronic records, the original paper documents may be destroyed after the http://www.flsenate.gov/LawslStatutes/2011/320.27 10/6120 11 The Florida Statutes - The Florida Sel. Page 9 of IS licensee successfully transfers title and registration to the purchaser as required by chapter 319 for any purchaser who titles and registers the motor vehicle in this state. In the case of a sale to a purchaser who will title and register the motor vehicle in another state or country, the licensee may destroy the original paper documents after successfully delivering a lawfully reassigned title or manufacturer's certificate or statement of origin to the purchaser and after producing electronic images of all documents related to the sale. (7) CERTIFICATE OF TITLE REQUIRED. - For each used motor vehicle in the possession of a licensee and offered for sale by him or her, the licensee either shall have in his or her possession or control a duly assigned certificate of title from the owner in accordance with the provisions of chapter 319, from the time when the motor vehicle is delivered to the licensee and offered for sale by him or her until it has been disposed of by the licensee, or shall have reasonable indicia of ownership or right of possession, or shall have made proper application for a certificate of title or duplicate certificate of title in accordance with the provisions of chapter 319. A motor vehicle dealer may not sell or offer for sale a vehicle in his or her possession unless the dealer satisfies the requirements of this subsection. Reasonable indi~ of ownership shall include a duly assigned certificate of title; in the case of a new motor vehicle, a manufacturer's certificate of origin issued to or reassigned to the dealer; a consignment contract between the owner and the dealer along with a secure power of attorney from the owner to the dealer authorizing the dealer to apply for a duplicate certificate of title and assign the title on behalf of the owner; a court order awarding title to the vehicle to the dealer; a salvage certificate of title; a photocopy of a duly assigned certificate of title being held by a financial institution as collateral for a business loan of money to the dealer ("Boor plan"); a copy of a canceled check or other documentation evidencing that an outstanding lien on a vehicle taken in trade by a licensed dealer has been satisfied and that the certificate of title will be, but has not yet been, received by the dealer; a vehicle purchase order or installment contract for a specific vehicle identifying that vehicle as a trade-in on a replacement vehicle; or a duly executed odometer disclosure statement as required by Title IV of the Motor Vehicle Information and Cost Savings Act of 1972 (Pub. L. No. 92-513, as amended by Pub. L. No. 94-364 and Pub. L. No. 10D-561) and by 49 C.F.R part 580 bearing the signatures of the titled owners of a traded-in vehicle. http://www.flsenate.govlLawslStatutes/2011/320.27 10/612011 The Florida Statutes - The Florida Sel Page IS (8) PENAL TY. - Any person found guilty of violating any of the provisions of this section is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (9) DENIAL, SUSPENSION, OR REVOCATION. - (a) The department may deny, suspend, or revoke any license issued hereunder or under the provisions of s. 320.77 or s. .320.771 upon proof that an applicant or a licensee has: 1. Committed fraud or willful misrepresentation in application for or in obtaining a license. 2. Been convicted of a felony. 3. Failed to honor a bank draft or check given to a motor vehicle dealer for the purchase of a motor vehicle by another motor vehicle dealer within 10 days after notification that the bank draft or check has been dishonored. If the transaction is disputed, the maker of the bank draft or check shall post a bond in accordance with the provisions of s. 559.9171 and no proceeding for revocation or suspension shall be commenced until the dispute is resolved. 4.a. Failed to provide payment within 10 business days to the department for a check payable to the department that was dishonored due to insufficient funds in the amount due plus any statutorily authorized fee for uttering a worthless check. The department shall notify an applicant or licensee when the applicant or licensee makes payment to the department by a check that is subsequently dishonored by the bank due to insufficient funds. The applicant or licensee shall, within 10 business days after receiving the notice, provide payment to the department in the form of cash in the amount due plus any statutorily authorized fee. If the applicant or licensee fails to make such payment within 10 business days, the department may deny, suspend, or revoke the applicant's or licensee's motor vehicle dealer license. b. Stopped payment on a check payable to the department, issued a check payable to the department from an account that has been closed, or charged back a credit card transaction to the department. If an applicant or licensee commits any such act, the department may deny, suspend, or revoke the applicanf" s or licensee's motor vehicle dealer license. (b) The department may deny, suspend, or revoke any license issued hereunder or under the provisions of s. 320.77 or s. 320.771 upon proof that a licensee has committed, http://www.flsenate.govlLaws/Statutes/20111320.27 11 The Florida Statutes - The Florida SeT. Page 11 15 with sufficient frequency so as to establish a pattern of wrongdoing on the part of a licensee, violations of one or more of the following activities: 1. Representation that a demonstrator is a new motor vehicle, or the attempt to sell or the sale of a demonstrator as a new motor vehicle without written notice to the purchaser that the vehicle is a demonstrator. For the purposes of this section, a Ndemonstrator," a Nnew motor vehicle," and a Nused motor vehicle" shall be defined as under s. 320.60. 2. Unjustifiable refusal to comply with a licenseeT s responsibility under the terms of the new motor vehicle warranty issued by its respective manufacturer, distributor, or importer. However, if such refusal is at the direction of the manufacturer, distributor, or importer, such refusal shall not be a ground under this section. 3. Misrepresentation or false, deceptive, or misleading statements with regard to the sale or financing of motor vehicles which any motor vehicle dealer has, or causes to have, advertised, printed, displayed, published, distributed, broadcast, televised, or made in any manner with regard to the sale or financing of motor vehicles. 4. Failure by any motor vehicle dealer to provide a customer or purchaser with an odometer disclosure statement and a copy of any bona fide written, executed sales contract or agreement of purchase connected with the purchase of the motor vehicle purchased by the customer or purchaser. 5. Failure of any motor vehicle dealer to comply with the terms of any bona fide written, executed agreement" pursuant to the sale of a motor vehicle. 6. Failure to apply for transfer of a title as prescribed in s. 319.23(6). 7. Use of the dealer license identification number by any person other than the licensed dealer or his or her designee. 8. Failure to continually meet the requirements of the licensure law. 9. Representation to a customer or any advertisement to the public representing or suggesting that a motor vehicle is a new motor vehicle if such vehicle lawfully cannot be titled in the name of the customer or other member of the public by the seller using a manufacturers statement of origin as permitted in s. 319.23(1). 10. Requirement by any motor vehicle dealer that a customer or purchaser accept equipment on his or her motor vehicle which was not ordered by the customer or purchaser. http://W\\-w.flsenate.gov/Laws/Statutes/2011/320.27 10/6/20 11 The Florida Statutes - The Florida Ser Page r 2 of 15 11. Requirement by any motor vehicle dealer that any customer or purchaser finance a motor vehicle with a specific financial institution or company. 12. Requirement by any motor vehicle dealer that the purchaser of a motor vehicle contract with the dealer for physical damage insurance. 13. Perpetration of a fraud upon any person as a result of dealing in motor vehicles, including, without limitation, the misrepresentation to any person by the licensee of the licensee's relationship to any manufacturer, importer, or distributor. 14. Violation of any of the provisions of s. 31935 by any motor vehicle dealer. 15. Sale by a motor vehicle dealer of a vehicle offered in trade by a customer prior to consummation of the sale, exchange, or transfer of a newly acquired vehicle to the customer, unless the customer provides written authorization for the sale of the trade-in vehicle prior to delivery of the newly acquired vehicle. 16. Willful failure to comply with any administrative rule adopted by the department or the provisions of s. 320.131(8). 17. Violation of chapter 319, this chapter, or ss. 559.901-559.9221, which has to do with dealing in or repairing motor vehicles or mobile homes. Additionally, in the case of used motor vehicles, the willful violation of the federal law and rule in 15 U.S.C. s. 2304, 16 C.F.R. part 455, pertaining to the consumer sales window form. 18. Failure to maintain evidence of notification to the owner or coowner of a vehicle regarding registration or titling fees owed as required in s. 320.02(16). 19. Failure to register a mobile home salesperson with the department as required by this section. (c) When a motor vehicle dealer is convicted of a crime which results in his or her being prohibited from continuing in that capacity, the dealer may not continue in any capacity within the industry. The offender shall have no financial interest, management, sales, or other role in the operation of a dealership. Further, the offender may not derive income from the dealership beyond reasonable compensation for the sale of his or her ownership interest in the business. (10) SURETY BOND OR IRREVOCABLE LETTER OF CREDIT REQUIRED.- (a) Annually, before any license shall be issued to a motor vehicle dealer, the appIicant- dealer of new or used motor vehicles shall deliver to the department a good and sufficient http://www.flsenate.govlLawslStatutes/20 t 1/320.27 The Florida Statutes - The Florida Sen Page 13 of15 surety bond or irrevocable letter of credit, executed by the applicant-dealer as principal, in the sum of $25,000. (b) Surety bonds and irrevocable letters of credit shall be in a form to be approved by the department and shall be conditioned that the motor vehicle dealer shall comply with the conditions of any written ~tract made by such dealer in connection with the sale or exchange of any motor vehicle and shall not violate any of the provisions of chapter 319 and this chapter in the conduct of the business for which the dealer is licensed. Such bonds and letters of credit shall be to the department and in favor of any person in a retail or wholesale transaction who shall suffer any loss as a result of any violation of the conditions hereinabove contained. When the department determines that a person has incurred a loss as a result of a violation of chapter 319 or this chapter, it shall notify the person in writing of the existence of the bond or letter of credit. Such bonds and letters of credit shall be for the license period, and a new bond or letter of credit or a proper continuation certificate shall be delivered to the department at the beginning of each license period. However, the aggregate liability of the surety in anyone year shall in no event exceed the sum. of the bond or, in the case of a letter of credit, the aggregate liability of the issuing bank shall not exceed the sum of the credit. (c) _ Surety bonds shall be executed by a surety company authorized to do business in the state as surety, and irrevocable letters of credit shall be issued by a bank authorized to do business in the state as a bank. (d) Irrevocable letters of credit shall be engaged by a bank as an agreement to honor demands for payment as specified in this section. (e) The department shall, upon denial, suspension, or revocation of any license, notify the surety company of the licensee, or bank issuing an irrevocable letter of credit for the licensee, in writing, that the license has been denied, suspended, or revoked and shall state the reason for such denial, s1l:Spension, or revocation. (f) Any surety company which pays any claim against the bond of any licensee or any bank which honors a demand for payment as a condition specified in a letter of credit of a licensee shall notify the department in writing that such action has been taken and shall state the amount of the claim or payment. http://www.t1senate.govlLawslStatutesl2011/320.21 101612011 The Florida Statutes - The Florida Sen Page 14 of 15 (g) Any surety company which cancels the bond of any licensee or any bank which cancels an irrevocable letter of credit shall notify the department in writing of such cancellation, giving reason for the cancellation. (11) IN]UNCTION.-In addition to the remedies provided in this chapter and notwithstanding the existence of any adequate remedy at law, the department is authorized to make application to any circuit court of the state, and such circuit court shall have jurisdiction, upon a hearing and for cause shown, to grant a temporary or permanent injunction, or both, restraining any person from acting as a motor vehicle dealer under the terms of this section without being properly licensed hereunder, from violating or continuing to violate any of the provisions of chapter 319, this chapter, or 55. 559.901.- 559.9221, or for failing or refusing to comply with the requirements of chapter 319, this chapter, or 55. 559.901-559.9221., or any rule or regulation adopted thereunder, such injunction to be issued without bond. A single act in violation of the provisions of chapter 319, this chapter, or chapter 559 shall be sufficient to authorize the issuance of an injunction. (12) CIVIL FINES; PROCEDURE. - In addition to the exercise of other powers provided in this section, the department may levy and collect a civil fine, in an amount not to exceed $1,000 for each violation, against any licensee if it finds that the licensee has violated any provision of this section or has violated any other law of this state or the federal law and administrative rule set forth in paragraph (9)(a) related to dealing in motor vehicles. Any licensee shall be entitled to a hearing pursuant to chapter 120 if the licensee contests the fine levied, or about to be levied, upon him or her. (13) DEPOSIT AND USE OF FEES. - The fees charged applicants for both the required background investigation and the computerized card as provided in this section shall be deposited into the Highway Safety Operating Trust Fund and shall be used to cover the cost of such service. (14) EXEMPTION.- The provisions of this section do not apply to persons who sell or deliver motorized disability access vehicles as defined in s. 320.01. History.-s. 11, ch. 9157, 1923; CGL 1060,7452; ss. 1, 2, ch. 23660, 1947; ss. 10, II, ch. 28186, 1953; s. I, ch. 57-404; s. 1, ch. 59-238; 55. 1,2, ch. 63-349; s. 6, ch. 65-190; s. 1, ch. 65-235; s. 1, ch. 67-93; ss. 24, 35, ch. 69-106; s. 1, ch. 70-424; s. 1, ch. 70-439; s. 200, ch. 71-136; s. 94, ch. 71-377; s. ch. 75-203; s. 3, ch. 76-168; s. 21, ch. 77-357; s. 1, ch. 77-457; s. 20, ch. 78-95; s. 2, http://VI-'\\w.flscnate.govlLawslStatutesI2011/320.27 1016/2011 The Florida Statutes - The Florida Sen Page 15 of IS 00.78-183; &S. 2, 15, 17, ch. 80-217; 55. 2, 3, ch. 81-318; s. 3, ch. 82-129; 5. 24, ch. 82-134; 5.16, ch. 83-218; s. 7, ch. 84-155; s. 4, ch. 85-176;ss. 8, 9, ch. 86-185; s. 22, ch. 86-243; s. 14,ch.87- 161; ss. 2, 20,21, ch. 88-395; s. 9, ch. 89-333; s. 3, ch. 90-163; 5. 246, ch. 91-224; s. 4, ch.91-429; 8.68, ch. 93-120; 5. 16, ch. 93-219; s. 64, ch. 94-306; s. 916, ch. 95-148; 58. 18,24, 65, ch. 95-333; s.43, ch. 96-413; 5. 52, ch. 97-100; s. 35, ch. 99-248; 55. 30, 31, ch. 2000-313; s. 69, ch. 2001-61; 58.31,40, ch. 2001-196; s. 44, ch. 2002-1; 8. 14, ch. 2002-235; 58. 15,66, ch. 2005-164; s. 32, ch. 2006-1; s. I, ch. 2006-183; s. 35, ch. 2006-290; s. 24, ch. 2008-176; s. II, ch. 2010-198. DisclaImer: The information on this system is unverified. The joumaIs or printed bills 01. the mpedive c:bambeJs should be ccnsulted for offidal purpmes. Copyright.., ~ 2011 Stale ofFloridL http://www.flsenate.govlLawslStatutesl2011/320.27 10/612011 Scoft Backman From: Sent: To: Subject: Lynn Ashe [momsred@gmail.com} Monday, S~ptember 26. 2011 3:34 PM Scott Backman Fwd: 2027 High Ridge Rd Boynton Beach FI ----..---- Forwarded message __u.._... From:. Talamo, Helene <H.eleneTalamo(a>.nhsnw.gov> Date; Fri, Aug 19,2011 at 7:54 AM Subject; RE; 2027 High Ridge Rd Boynton Beach FI To: Lynn Ashe <momsred@gmail.com> Hi Lynn. i spoki:: with Max today everything is. OK! YOll wil! 11l'..-d a busine...~ "ilgn, phone po<;ted nOllrs and itn ntlkc \vith at lea'St 100 sq I've attached.all application aM will set lip a time to meet when y\)U have completed requirements. l have finger print cards 1n either mail 10 or deliver. Helene The Department of Highway Safety and Motor Vehicles is committed to Service, Integrity, Courtesy, Professionalism, Innovation and Excellence in all we do. Please let us know how we are doing via our online customer service survey at www.f1hsmv.aov. From: Lynn Ashe fmailto:momsred@gmaiJ.com) Sent: Wednesday, August 17. 2011 9:55 AM To: Talllmo, Helene Subject: 2027 High Ridge Rd Boynton Beach FI Officer Talamo, I am sending you this email to review our conversation of this morning. I am \0 undc.rs\and thuI you spoke with your 'Supervisor ofDMV and we will be issued a Wl101csale License with II Sp<.'d.ll ~11I()WUI1CI.' to purchase cars from the public. This HCI..'llsed autOl1l()Il\e dealers, give us the additional ability to not only conduct business with other bUlln It:!gally buy 1'1'0111 the public. The only r~quirement needed on the property referenced above is a business sign. Thank you for your time and attention to our special needs and helping liS to open our new bllsin~ss and stay within our business plan of vehicle storage and wholesaling. We plan to apply to DMV for this Wholesale License within the next few weeks as JASAD, Inc. My contact information is below. If you have any further questions please teel free to contact me. Lynn Goldberg 561 -843-4390 Office 866-778-3364 Fax Lynn Ashe All Source Transport (formerly Pak Mail Auto Transport) 561-843-4390 Office 866-778-3364 Fax www.allsourcetransport.com 2 STATE OF FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES DIVISION OF MOTORIST SERVICES NEIL KIRKMAN BUILDING - TALlAHASSEE, FLORIDA 32399-0500 APPLICATION FOR A LICENSE AS A MOTOR VEHICLE, MOBILE HOME, OR RECREATIONAL VEHICLE DEALER Do not use white out or correction tape on this application. I hereby make application and submit the required documentation for an original license or a corporation update: o VF Franchised Motor Vehicle Dealer - 320.27, F.S. 0 NI, NH, NR Non-Resident Dealer o SF Franchised Motor Vehicle Serv~ce Facility - 320.642(6), F.S. _ 320.71, F.S. DVllndependent Motor Vehicle Dealer-320.27, F.S. Do" I rlglna Qivw Wholesale Motor Vehicle Dealer-320.27, F.$. o VA Motor Vehicle Auction - 320.27, F.S. o SO Salvage Vehicle Deater- 320.27, F.S. DBH Used Mobile Home Broker-320.n, F.S. o DH Mobile Home Oealer~ 320.77, F.S. o DH/BH Selling New Recreational Vehicles - 320.771(8), F.S. o DH/BH Selling Used Recreational Vehicles - 320.771(8), F.S. o RV New Recreational Vehicle Dealer - 320.771, F.S. o RU Used Recreational Vehicle Dealer- 320.771, F.S. o Dealer Development "Franchise (Attach copy ofthe Dealer Development & Management Agreement.) Current License No.: o Corporate Update Modification Only (Please complete the application In its entirety. Page 5 of this application must be completed for all incomIng new officers. FEID Number: Sales Tax Number: Proof of Identification/Dl, if Sole Proprietor or Partnership: Please see InstructIon guide for acc:eptable proof of identification. Owner/Partner/LLC/LLP/LLLP or Corporati9n Name: j ASA f), L (!. Fictitious Business Name (d/b/a): 20~ Cttv City Telephone Numbers: ~.. " Zip C e Cell No.: (5JJ )'51- '1077 FAX No.: (~ 0 None Home: Office: Business Email Address:~OIA.be..~b.-rr-yltWlSh.C.OM 1. If franchised or a re eational ve . Ie dealer, list authorized line make(s) for which you are already licensed to sell: Motorcycles greater than SOcc Motorcvcles 50cc or less Tri-Vehicles Low Speed Vehicles Mini. Trucks 2. If applying for an original franchised license or a recreational vehicle dealer license, list the line make(s) your are seeking for approval: OFFICE USE ONLY Entered by: Approved by: LICENSE NUMBER ISSUE DATE DATE RECEIVED IN REGIONAL OFFICE DATE COMPLETED IN REGIONAL OFFICE DATE MAILED TO HEADQUARTERS DATE RECEN~D IN DEALER LICENSE SECTION AMOUNT o CHECK CHECK NUMBER o CASH o CREDIT CARD PAYMENT NUMBER FRVIS CUSTOMER NUMB~R DIVISION CORP o ACTIVE o INACTIVE DEALER TRAINING SCHOOL COMPLETION DATE Motgrcvcles greater than 50cc Mot;Ot~,I~:1;, 50~(: Or Ifl1.O; otI Low SDeed Vphiclp5 Mini-Trucks #"O~\ 1m I APPLICATION FOR A LICENSE I MOTOR VEHICLE. MOBILE HOME. OR REC TIONAl VEHICLE DEALER Do not use white out or correction taDe on this aDDllcation. , 3. OSole Proprietor Il1Corpor~tion DUmited liability Company/Partnership (lLC/LlP) o Limited Liability/limited Partnership (LLlP) 0 Partnership A. OWNERS/PARTNERS: IJ..r (- FIrst Name Middle Initial 11-21-(,0. . . . . . ~/").JiI-1077 Date of Birth Fl m'/ID# (if other proof of 10 is used, attach copy) Home Phone Number viI Area Code ~~Lj.(J. N'oU ;;?~ W 4"'t 8o~ RllJon -FL Residence Address Cltv State (FRYIS Customer No. - OffIce Use Only) 6f> J-J.#r~ J./If4- 7" Davtlme Phone Number wI Area -a6 +4 + Zip Code Last Name Rrst Name Middle Initial (FRVIS Customer No. - Office Use Only) Dilte of Birth Fl DL/ID# (if other proof of ID is used, attach copy) Home phone Number wI Area Code Davtime Phone Number wI Area Code Residence Address City State Zip Code Last Name First Name Middle InItial (FRVIS Customer No. - Office Use Only) Date of BIrth Fl Dl/JD# (if other proof of 10 Is used, attach copy) Home Phone Number wI Area Code Daytime Phone Number wi Area Code Residence Address City State Zip COde Residence Address City State Zip Code VICE PRESfDENT!MGR!MEMBER!PARTNER' Last Name First Name Middle Initial (FRYIS Customer No. - Office Use Date of Birth Fl Ol/tD# (if other proof of ID is used, attach copy) Home Phone Number Daytime Phone Number wI Area Code Residence Address Oty State Zip Code SECRETARY!MGR!MEMBER!PARTNER: Last Name First Name Middle initial (FRVIS Customer No. - Office Use Date of Birth Fl Ol/ID# (if other proof of ID is used, attach copy) Home Phone Number wI Area Code Daytime Phone Number wi Area Code Residence Address City State Zip Code TREASURER!MGRjMEMBER!PARTNER: Last Name First Name Middle Initial (FRVIS Customer No. - Office Use Date of Birth Fl OL/ID# (if other proof of 10 is used, attach copy) Home Phone Number wi AreiI COde Diytlme Phone Number wI Area Code Residence Address City State Zip Code DlRECTOR/MGR!MEMBER!PARTNER: Last Name First Name Middle Initla! (FRVIS Customer No. - Office Use Date of Birth Fl DL/ID# (if other proof of 10 is used, attach copy] Home Phone Number wI Area Code Oilytime Phone Number wI Area Code Residence Address City State ~ Zip Code APPUCATION FOR A UCENSl A MOTOR VEHICLE. MOBilE HOME. OR RE...... .:ATIONAl VEHICLE DEALER . . DYES DYES DYES DYES CERTIFICATION (Must be completed by all dealership officers.) Has this apPlica~, partner, corporate officer or director: DYES NO Been convicted of a felony or equivalent charge anywhere? DYES NO Been convicted of a felony or first degree misdemeanor for a violation of any provision of Chapter 319 or 320, Florida Statutes? DYES NO Been convicted of a felony or first degree misdemeanor in any other jurisdiction for violation of motor vehicle laws (excluding parking and traffic laws)? Now facing criminal charges anywhere? Been denied a surety bond? Ever had a surety bond cancelled? Been a licensed dealer in Florida or any other jurisdiction? State: License #: Been denied or had dealer license suspended or revoked in Florida or any other jurisdiction? 5. DYES (IF THE ANSWER TO ANY PART OF QUESTION #5 IS "YES", APPLICANT IS REQUIRED TO SUPPLY APPROPRIATE DOCUMENTATION. IN THE CASE OF A FELONY CONVlcrION, CHARGING DOCUMENTS AND DISPOSITION DOCUMENTS FROM THE COURT MUST ACCOMPANY THIS APPLICATION.) Under penalty of perjury, I do swear and affirm that the information contained in this application is true and correct and that applicant, if licensed, will abide by all laws of Florida, including Chapters 319 and 320, Florida Statutes, and all applicable rules, policies, and procedures of the Department of Highway Safety and Motor Vehicles. I further certify that I am authorized to bind the application with my signature. I understand that I must meet all zoning requirements and occupational license requirements that may be mandated by local or county ordinances. " .-t-fJ Date NOTARIAL CERnFlCATE STATE OF FlORrDA~ ( 6Pd COUNTY OF 71.. WI The attached instrument was acknowledged before me on this date, ---1---1_ by Mr./Mrs./Ms. who is personally known to me or who has produced as identification and who did take an oath. (seal) APPLICATION FOR A UCENS.... .,) A MOTOR VEHICLE. MOBILE HOME. OR Rh..rtEATJONAl VEHICLE DEALER .. lII.W_ llii..._ lill!.IIiil~I!iiI'T _ FOR DEPARTMENT USE ONt Y Site Inspection No.: DYES 0 NO I have inspected the location ofthe above described applicant and find it qualifies for a license under Section 320.27, 320.77, or 320.771, Florida Statutes, as applicable. (If NO, a signed, detailed investigation report with diagram of location must be attached.) DYES ONO After careful review ofthe application (including attachments) and based on the information available to me at this time, I recommend that a license be issued. (If NO, a signed. detailed, and documented investigative report must be attached.) Signature of Compliance Examiner Zone No. Signature of Reviewing Authority DEALER I.ICENSE SECTION Application Examined By: Initials Date Application Approved By: Initials Date APPLICATION FOR A LICENSE. ~A MOTOR. VEHICLE.. MOBilE HOME. OR Rh .;ATIONAL VEHICLE DEAtER - Required of Mobile Home and Recreational Vehicle Dealer license Applicants; o I certify that my business location is a permanent one, not a tent or a temporary stand or other temporary Quarters; and, except in the case of a mobile home broker, that the location affords suffj~ient unoccupied space to store all mobile homes and recreational vehicles offered and displayed for sale; and that the location is a suitable place in which I can, in good faith, carry on business, maintain books, records, and files necessary to conduct such business, which will be available at all reasonable hours for inspec ion by the department compliance examiners, inspectors or other department employees. I understand that this do s not preclude a licensed mobile home dealer from displaying and offering for sale mobile homes in a mobile home p rk. I f her certify that the business of a mobile home or recreational vehicle dealer is the princi I usin ss whi h shal e conducted at the location unless J am a mobile home park operator licensed as a mobile home ealer. ei-stand the requirement to obtain Garage Liability Date If no Federal Employer's Identification Number is obtained, the following sta ement is required of the applicant: Officer's Signature ess. There are no employees in the The individual owner(s) ofthe dealership is/are performing all utiel in the bu dealershi Date Required of Recreational Vehicle Dealer license Applicants: As an applicant for a recreational vehicle dealer ticens and will not enter into any agreement, written or oral an unfair and deceptive trade practice in violation of to Section 320.771, Florida Statutes, r have not rson or business entity, which would constitute 01, Florida Statutes. Officer's Signature Date APPLICATION FOR A LICENSE AS A MOTOR VEHICLE. MOBilE HOME. OR RECREATIONAL VEHICLE DEALER -- If the place of business is owned by applicant, date of acquisition: Enter "LEASED" in the space above, if it is a leClsed location. Please attach the following Items for an original application: · A completed application form HSMV 86056 and $300 fee for motor vehicle dealers or $340 fee for mobile home or recreational vehicle dealers; .. Proof of identification/Dl (see instruction guide for acceptable forms of identification); . A true copy of property lease or proof of ownership; '" Fingerprint cards and a fingerprint fee of $54.25 per officer; (II Copy of dealer training course completion document; · Original surety bond/irrevocable letter of credit (Division of Motorist Services forms only - on-line access at htto:/ Iwww.flhsmv.~ov/html/forms.htmll; · Copy of business and/or fictitious name registration (on-line access at www.sunbiz..on;; ); · Copy of certification from the Division of Corporations showing current registration of business to conduct business in the State of Florida (on-line access at ); · Corporation papers, corporate meeting mInutes showing the election of corporate directors, Article of Incorporation if the dealership is a Corporation or Incorporation; Articles of Organization and Operating Agreement if the dealership is a limited liability Company; or a Partnership Agreement if the dealership is a Partnership; and · Independent dealers (VI), Auction dealers (VA), Wholesale dealers (VW), and Salvage dealers (50) have the option to submit a copy of: o A garage liability insurance certificate which shall inelude, at a minimum, $25,000 combined single-limit liability coverage including bodily injury and property damage protection and $10,000 personal injury protection; OR o A general liability insurance. policy coupled with a business automobile policy, which shall included, at a minimum, $25,000 combined single-limit liability coverage including bodily injury and property damage protection and $10,000 personal injury. · Franchise dealers (VF), Recreational dealers (RV & RU), and Mobile Home dealers/brokers (DH/BH) selling recreational vehicles must submit a garage liability insurance certificate which shall in"elude, at a minimum, $25,000 combined single-limit liability coverage ineluding bodily injury and property damage protection and $10,000 personal injury protection. Please attach the following items for a corporate update: · A complete application form H5MV 86056; \111 Minutes of the meeting; · Fingerprint cards for each new member and fingerprint fee of $54.25 per new officer;" and · Copy of the corporate changes registration from the DiviSIon of Corporations (on-line access at For additional information, please refer to the Dealer License Instruction Booklet. CERTIFICAnONS/sTATEMENTS 4, " Montl1/Dav!year Florida law requires applicants for various dealer licenses to provide certification or statements on a variety of issues. Please carefully read, complete, sign and date applicable certifications and statements. " Required of Motor Vehicle Dealer license Applicants I certify that my business location provides an adequately equipped office and is not a residence; that the location affords sufficient unoccupied space upon and within which adequately store all motor vehicles offered and displayed for sale; and that the location is a suitable place where I can in good faith carry ~m such business to maintain books, records, and files necessary to conduct such business, which will be available at all reasonable hours for inspection by the department or any of its inspectors or employees. I further certify that the business of a motor vehicle dealer is the principal b siness which shall be conducted at the location. :2' la-i-If Date MINUTES OF SPECIAL MEETING OF DIRECTORS OF JASAD INC. The Special Meeting of Directors was held at 9858 Glades Road, Suite D# #181, Boca Raton, Florida 33434 on 1 May, 2011, at 4:00 o'clock this p.m. The following were present: Lynn P. Goldberg Barry A. Goldberg A discussion was had among the Directors as to relative merits of replacing Lynn P. Goldberg with Barry A. Goldberg as Director and President of JASAp, Inc. Upon motion duly made, seconded and carried, it was RESOL VED that Barry A. Goldberg now be the acting Director and President and is hereby authorized to execute any and all matters ofJASAD, Inc on Ws behalf. There being no further business before the meeting, on motion duly made, seconded and carried, the meeting was adjourned. DATE: 1 May 2011 ~, c?& 4!'... ~. e ~ ~ ARTICLES OF INCORPORATiO~~~~ ~p~ '.<:','';\ v.':r.>- .. () . ~ . ',. .,.-lr- 4,. ')'o~' }. ~;.)- ~ ,<;:"" .s:..., '..".">U)-. '& \);"0 't'./' 0.' . <.'? ' OF JASAD I C. The undersigned subscriber to these Articles of Incorporation is a natural person competent to contract and hereby form a Corporation for profit under Chapter 607 of the Florida Statutes. ARTICLE.1 ~ NAME The name of the Corporation is JASAD INC., (hereinafter, "Corporation"), ARTICLE 2 - PURPOSE OF CORPORATION The Corporation shall engage in any activity or business permitted under the laws of the United States and of the State of Florida. ARTICLE 3 . PRINCIPAL OFFICE The address of the principal office of this Corporation is 9858 Glades Road, Suite 03 #181, Boca Raton, Florida 33434 and the mailing address is the same. ARTICLE 4 ~ INCORPORATOR The name and street address of the incorporator of this Corporation is: Elsie Sanchez 1 840 Southwest 22nd Street, 4th Floor Miami, Florida 33145 ARTICLE 5 - OFFICERS The officers of the Corporation shall be: President: Secretary: Lynn P. Goldberg Lynn P. Goldberg whose mailing addresses shall be the same as the principal office of the Corporation. o ""J"~"W''''''.''''-''''-'''''''''""",,,,"''""'...~.''''''''''''''''. , SPIEGEL & UTRERA, P.A. LAWYERS www.amerilawyex4..com 1840 CORAL WAY. 4TH FLOOR, MIAMI, FL 33145 - (305) 8.54-6000 - (800) 603-3900 - FACSIMILE (30~) 860-2076 MAILING ADDRESS - POST OFFICE Box 450605, MIAMI, FL 33245-0605 ZL 00 000000 2008]8 039691 fit Department of the Treasury Internal Revenue Service PHILADELPHIA, PA 19154-0038 6523 j3434 IRS USE ONLY 29953-514-05730-8 AO 149602 261 223977250 sa v For assistance, call: 1-800-829-0115 Notice Number: CP261 Date: May 12, 2008 009297.494342.0035.001 1 AT 0.334 530 1..11'1 i 11,11,11,1111111.11.11.1.1..11.1,11,11.11.1..11. II 1.11 Taxpayer Identification Number: 22-3977250 Tax Form: Tax Period: "':.:-..1; Ix'~ m JASAD INC 9858 GLADES RD STE D3 181 BOCA RATON FL 33434-3983992 09297 Notice of Acceptance as an S Corporation We have accepted your election to be treated as an S corporation beginning March 10,2008. Your accounting period will end in D~celUber. We would also like to take this opportunity to inform you of your tax obligations related to the payment of compensation to shareholder-employees aI'S corporations. When a shareholder-employee of an S corporation provides services to the S corporation, reasonable compensation generally needs to be paid. This compen..c;ation is subject to cmployment taxes. Tax practitioners and subchapter S shareholders need to be aware that Revenue Ruling 74-44 states that the Internal Revenue Service (IRS) will re-characterize small business corporation dividends paid to shareholders as salary when such dividends arc paid to the shareholders in lieu of reasonable compensation for services. The IRS may also re-characterize distributions other than dividend distributions as salary. This position has been supported in several recent court decisions. If you have any questions about this notice or the action we have taken, please call us at the telephone number listed above. !fyou prefer, you may write to us at the address shown at the top of this notice. If you write to us, please provide your telephone number and the most convenient time for us to call so we can resolve your inquiry. Please return the bottom part of this notice to help us Identify your case. For tax forms, instructions and information visit www.irs.f!ov. (Access to this site will not provide you with your specific taxpayer account information.) n............ ;1 -.--...-----. PROSUREGROUP i:.f.. Tl Your Bond Approval September B, 2011 ~O~'t_ -,~ wr.o.'t;~~ 1Il_."_"- a Name: JASAO Ine DBA We BuV Cars Bond Type: Motor Vehicle Dealers Bond Congratulations! Your Bond has been approved! In order to issue and release the bond to you, we need you to agree and confirm the following: 1. Bond Premium Fee - the annual premIum will be $379.88 + $23.95 Fed-ell f~. Please confirm when. you are ready to proceed and we'll have the final paperwork issued and sent back right away. This wjll be the legal, and fina', documents we'll need executed and returned to have your bond issued. We appreciate your business! We're here to help so please feel free to contact us jf you should have any questions or need further assistance. Thank You, Becky Stanton Pleasepote: this quote is good for 30 days. 1/ you do not proceed with the bOnd within the next 30 days you may be required to start thE'? applicotion process Over. ,"m'''''''''_~I',_ ._, .. ......._........... ,__~_. 7217 Benjamin Road. Tampa. FL 33634 Ph B 13.243.1] 10 l!: 203 I Fx 813.213.1109 E-mail mnlmerd<1lbQ..1ds.fprosUreCll~IWolNt.prosuregroup.com ~ ""' 10/10/2011 13:01 FAX 5814479234 f ERIC RUTSTEIN ND PA ~ 001/001 Dti REAL 2400 Nor!" Com_I! Pa.kw4'l' SuilO 405. w_~ 3U16 9$&A&l,5 60 w_.d ,re&lty.~orn i i i f Principal .PI ner i City of Do ton Beach i 100 East B nton Beach ~IVd. Boynton Be h. FL 3.34351 i Re: Jasad U e i I Dear Edgar: ! I I The putp08 of this letter~'S to clarifY the intended use for Juad at 021 High Ridge Road. .Theil" lease allows for General ffic::e, wareh using, wholesaling and storage of autQm Ive vehicles. Any other, use (including any sale of vel'll 14:8) would b considered s. default of the leue. and t ey would be subject to ~viction (subject to Floridmlaw and d1e terms10fthe lease). We do nOl intend to al10 my sale ofvemcles at this location, Bal"l)' Goldber fi Juad has 150 signed this letter to acknowledge th s understanding. Pleas~ call me with any questions. . ! : I Regards. I I i I I i i I I Robe:r1 w:. lOBe 1 I Director. D 181"1 and Con$tructh:m. Duke Real Construction! , 2400 N. CO meree Park'tay. Suite 405 Weston, 33326 ; ! i i ~@~ W~[g) i 2 0> Broker(s): CB Richard Ellis, Inc. and Duke Realty Services, LLC representing Landlord, and no one representing Tenant. (k) Permitted Use: General office., warehousing, wholesaling and storage of automotive vehicles and related putpo.,es, (1) Address for notices and payments arc as follows: Landlord: Duke POC at Quantum 1-9, LLC clo Duke Realty Corporation Attn.: South Florida Market - V.P., Asset Mgml & Customer Service 2400 North Commcrce Parkway, Suite 405 Weston, FL 33'326 With Payments to: Duke pac at Quantum 1-9, LLC clo Duke Realty C~rporation 75 Remiuance Drive, Suite 1477 Chicago,IL 60675-1477 Tenant (prior to occupancy): Jasad Inc. 1119 NE 163rd StIeet North Miami Beach, FL 33162 ~ Tenant (following occupancy): Jasad Inc. 2027 High Ridge Road Boynton Beach, FL 33426 Guarantor: Barry Goldberg, an individual resident of the State of Florida. EXHIBITS Exhibit A: Exhibit B: Exhibit B-1: Exhibit c: Exhibit D: Exhibit E: Leased Premises Tenant Improvements Scope of Work Letter of Understanding Rules and Regulations Form of Unconditional Guaranty of Lease Section t .02. Lease of Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the Leased Premises, under the tcuns and conditions herein, together with a non-exclusive right, in common with others, to use the follOWing (collectively, the "Common Areasll): the areas of the Building and the underlying land and improvements thereto that are designed for use in common by all tenants of the Building and their respective employees, agents, customers, invitees and others. ARTICLE 2 - TERM AND POSSESSION Section 2.01. Term. The Lease Term. shall commence as of the date (the "Conunencemcnt Datc") that Substantial Completion (as defmed in Exhibit B hereto) ofthe Tenant Improvements (as defmed in Section 2.02 below) oecum. Landlord and Tenant acknowledge and agree that Landlord. shall ~@~O\YI~[Q) 1 2 prepare and deliver to Tenant a statement showing the actual Annual Rental Acljustment. Within thirty (30) days after receipt of the aforementioned statement, Tenant shall pay to Land1ord~ or Landlord shall credit against the next rent payment or payments due from Tenant, as the case may be. the difference between the actual Annual Rental Adjustment for the preceding calendar year and the estimated amount paid by Tenant during such year. This Section 3.03 shall survive the expiration or any earlier termination oflhis Lease. Section 3.04. Late Charges. Tenant acknowledges that Landlord shall incur certain additional unanticipated administrative and legal costs and expenses if Tenant fails to pay timely any payment required hereunder. Therefore, in addition to the other remedies available to Landlord hereunder, if any payment required to be paid by Tenant to Landlord hereunder shall become overdue, such unpaid amount shall bear interest from the due date thereof to the date of payment at the prime rate of interest, as reported in the Wall Street Journal (the "Prime Rate") plus six percent (6%) per annum; provided, however such interest rate shall not bc less than twelve percent (12%) per annum. Section 3.05. Maximum }ncrea.c;e in Operatimz Expenses. Notwithstanding anything in this Lease to the contrary, Tenant will be responsible for Tenant's Proportionate Share of Real Estate Taxes, insurance premiwns, utmties~ janitorial services, snow removal, landscaping. management fees, and charges assessed against the Building pursuant to any covenants or owner's association ("Uncontrollable Expenses"), without regard to the level of mcrease in any or all of the above in any year or other period of time. Tenant's obligation to pay all other Building Operatmg Expenses that are not Uncontrollable Expenses (herein "Controllable Expenses") shall be limited to a five percent (5%) per annum increase over the amount the Controllable Expenses per square foot for the immediately p~ceding calendar year would have been had the Controllable Expenses per square foot increaseti at the rate of five percent (5%) in all previous calendar years beginnmg with the actual Controllable Expenses per square foot for the year ending December 31, 2012. ARTICLE 4 - SECURITY DEPOSIT Upon execution and delivery ofthis Lease by Tenant, Tenant shall deposit with Landlord $7,500.00 (the "Security Deposit") with Landlord as security for the perfonnance by Tenant of aU of Tenant's obligations contained in this Lease. Upon the waiver ofTenant's option to terminate as set forth in Section 17.02 below, Tenant shall deposit with Landlord an additional $10,465.89, and thereafter the total of$17,965.89 shall be deemed the Security Deposit for all purposes under the Lease. In the event of a default by Tenant, Landlord. may apply all or any part of the Security Deposit to cure aU or any part of such default; provided, however, that any such application by Landlord shall not be or be deemed to be an election of remedies by Landlord or considered or deemed to be liquidated damages. Tenant agrecs promptly, upon demand, to deposit such additional sum with Landlord as may be required to maintain the fuU amount of the Security Deposit. AU sums held by Landlord pursuant to this Article 4 shall be without interest and may be commingled by Landlord. At the end of the Lease Tenn or upon the earlier termination of this Lease (but subject to the terms of Section 17.0 I below), provided that there is then no u.ncured default or any repairs required to be made by Tenant pursuant to Section 2.03 above or Section 7.03 below, Landlord shall return the Security Deposit to Tenant. ARTICLE 5 - OCCUPANCY AND USE Section 5.01... Use. Tenant shall use the Leased Pfemlses for the Permitted Use and for no other purpose without the prior written consent oftandlonL Landlord aCknowledges and agrees that it shall use commercially reasonable efforts to assist Tenant 10 obtaining a use pennit for the Pennitted Use from the City of Boynton Beach; Florida. 5 Section 5.02. Covenants of Ten ant RelIardinlI Use. (8) Tenant shall (i) use and maintain the Leased Premises and conduct its business thereon in a safe, careful, reputable and lawful manner, (ii) comply with all covenants that encumber the Building and all laws, rules, regulations. orders, ordmanc:es, directions and requirements of any governmental authority or agency, now in force or which may hereafter be in force, including, without limitab.on, those which shall impose upon Landlord or Tenant any duty with respect to or triggered by a change in the use or occupation o~ or any improvement or alteration to, the Leased Premises, and (Hi) comply with and obey all reasonable directions, rules and regulations of Landlord, including the Building Rules and Regulations attached hereto as Exhibit D and made a part hereof, as may be modified from time to time by Landlord on reasonable notice to Tenant (b) Tenant. shall not. do or permit an,ythingto be dQn~jn Or abput the Lea5~d Premi~e.~thllt wit.' in anY way cause a nUisance, obstruct or interfere with the rights of other temmts or occupants of the Building or Injure or aMOY them. Landlord shall not be responsible to Tenant for the non-performance by any other tenant or occupant of the Building of any of Landlord's directions, rules and regulations, but agrees that any enforcement thereof shall be done uniformly. Tenant shall not overload the floors of the Leased Premises. All damage to the floor structure or foundation of the Building due to improper positioning or storage of items or materials shall be repaired by Landlord at the sole expense of Tenant. who shall reimburse Landlord immediately therefor upon demand. Tenant shall not use the Leased Premises, nor allow the Leased Premises to be used, for any purpose or in any manner that would (i) invalidate any policy of insurance now or hereafter carried by Landlord on the Building, or (ii) increase the rate of premiwns payable on any such insurance policy unless Tenant reimburses Landlord for any increase in premium charged. ~ Section 5.03. LandlOld's Rights RegardinlJ Use. Without limiting any of Landlord's rights specified elsewhere in this Lease (a) Landlord shall have the right at any time. without notice to Tenant, to control, change or otherwise alter the Common Areas in such manner as it deems necessary or proper, and (b) Landlord, its agents. employees and contractors and any mortgagee ofthe Building shall have the right to enter any part of the Leased Premises at reasonable times upon at least twenty-four (24) hours' prior notice (except in the event of an emergency where no notice shall be required) for the purposes of examining or inspecting the same (including, without limitation, testing to confirm Tenant's compliance with this Lease), showing the same to prospective purchasers, mortgagees or tenants, and making such repairs, alterations or improvements to the Leased Premises or the Building as L~lord may deem necessary or desirable. Landlord shall incur no liability to Tenant for such entry, nor shall such entry constitute an eviction of Ten ant or a termination aftbis Lease, or entitle Tenant to any abatement of rent therefor. Section 5.04. Hurricane Shutters. Landlord shall provide Tenant with hurricane shutters for Tenant's use at the Leased. Premises in case of a threat of hurricane, tropical stonn, or other adverse weather conditions. Tenant agrees to (a) store the hurricane shutters in the Leased Premises in accordance with Landlordts recommendations, (b) be solely responsible for the maintenance and protection ortbe hurricane shutters, and (c) replace the hunicanc shutters in the event of damage. theft or loss. If there is a threat of hurricane. tropical storm, or other adverse weather condition, it will be Tenant's sole responsibility to promptly install the hutricane shutters and to then remove the hurricane shutters after the weather thr~t has passed. Hurricane shutters will be installed on the pre..existing bolts installed by Landlord for such purposes. and Tenant shall not be permitted to drill or install other bolts, nails or other devices into the exterior of the Building. Tenant shall be solely responsible to monitor weather reports, and Landlord has no duty to advise Tenant of the threat of hurricane, tropical stann or other adverse weather condition nor will Landlord have any duty or obligation to assist or instruct Tenant in the installation or removal of the hurricane shutters. Upon the expiration or earlier termination of the 6 Section 16.10. Simage. Tenant may. at its own expense, erect a sign concerning the business of Tenant that shall be in keeping with the decor and other signs on the Building. Alhignage (including the signage described in the precOOing sentence) in 01 about the Leased Premises shall be first approved. by Landlord and shall be in compliance with any codes and recorded restrictions applicable to the sign or the Building. The location, size and style of all signs shall be approved by Landlord. Tenant agrees to maintain any sign in good state of repair. and upon expiration of the Lease Tenn, Tenant agrees to promptly remove such signs and repair any damage to the Leased Premises. Section 16.11 , l~oclilllg, Tenant shall be entitled to the non-exclusive use of the parking spaces designated for the Building by Landlord. Tenant agrets not to overburden the parking facilities and agrees to cooperate with Landlord and other tenants in the use of the parking facHities. Landlord reserves the right in its absolute discretion to detennine whether parking facilities arc becoming crowded and. in such event, to allocate parking spaces between Tenant and other tenants. There will be no assigned parking unless Landlord. in its sole discretion, deems such assigned parking advisable. No vehicle may be repaired or serviced in the parking area and any vehicle brought into the parking area by Tenant, or any of Tenant's employees. contractors or invitees, and deemed abandoned by Landlord will be towed and all costs thereof sball be borne by Tenant All driveways, ingress and egress, and all parking spaces are for the joint use of all tenants. There shall be no parking pennitted on any of the streets or roadways loCated within the Park. In addition. Tenant agrees that its employees will not park in the spaces designated. visitor parking. Section 16.12. Consent or Approval. Where the consent or approval ora party is required. such consent or approval will not be unreasonably withheld, conditioned or delayed. Section 16.13. Time. Time is of the essence of each tcnn and provision of this Lease. Section 16.14. Patriot Act. Each of Landlord and Tenant, each as to itself, hereby represents its compliance and its agreement to continue to comply with all applicable anti-money laundering laws, including, without limitation, the USA Patriot Act. and the laws administered by the United States Treaswy Department's Office of Foreign Assets Control. including. without limitation, Executive Order 13224 ('IExecutive Order'). Each of Landlord and Tenant further represents (such representation to be true throughout the Lease Term) (a) that it is not. and it is not owned or controlled. directly or indirectly by any person or entity, on the SDN List published by the United. States Treasury Department's Office of Foreign Assets Control and (b) that it is not a person otherwise identified by government or legal authority as a person with whom a U.S. Person is prohibited from transacting business. As of the date hcreot a list of such designations and the text of the Executive Order are published under the website address www.ustreas.gov/officeslenforcementlofac. Section 16.15. Radon Gas. Radon Gas is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities. may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional infonnation regarding radon and radon testing may be obtained from your county public health unit Section 16.16. Guarantv. In consideration of Landlord's leasing the Leased Premises to Tenant, Tenant shall provide Landlord with an Unconditional Guaranty of Lease in the fonn attached hereto as Exhibit E. executed by Guarantor. ARTICLE 17 - SPECIAL STIPULATIONS 18 IN WITNESS WHEREOF, the parties hereto have executed this Lease as ofthc day and year first above written. WITNESSES: {2t~t,:/~ Printed Name: A-n..4 AI. J.Ie.y;, A'I'1 d~ l. tD.WQO~ . Printed Name:.W~le. ~,({ C 6tm. "\ Date of execution: l' J I 1/2.0 If I WITNESSES: ~~ il gb;/.$( Printed Name: ~4!L D. t3~( /~- Printed Name: fld,~ t'. S I..I,t{. Date of execution: q,;l y /).de ( LANDLORD: DUKE PGC at Quantwn 1-9. LLC. a Delaware limited liability company By: Duke Realty Limited Partnership. an Indiana limited partnership, its managing member By: Duke Realty Corporation. an Indiana corporation. its general partner By: 4~ J?~ Edward P. Mitchell Senior Vice President South Florida Operations TENANT: JASAD INC., a Florida corpotatioo BYf~~ Name: Tille: 21 EXHmIT A SITE PLAN OF LEASED PREMISES Gatewmy CBnter w Building 6 Exhibit A Page of 1 EXHIBIT D RULES AND REGULATIONS I. The sidewalks. entrances, driveways and roadways serving and adjacent to the Leased Premises shall not be obstructed or used for any pmpose other than ingress and egress. Landlord shall control the Conunon Areas. 2. No awnings or other projections shall be attached to the outside walls of the Building. No curtaiDs. blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door oftbe Leased Premises other than Landlord standard window coverings without Land1ord's prior written approval. All electric ceiling fixtures hung in offices or spaces along the perimeter of the Building must be fluorescent. of a quality, type, design and tube color approved by Landlord. Neither the interior nor the exterior of any windows shall be coated or otherwise sunsoreened without written consent of Landlord. 3. No sign, advertisement, notice or handbill shall be exhibited, distributed. painl:ed or affIxed by any tenant on. about or from any part of the Leased Premises. the Building or in the Common Areas including the parking area without the prior written consent of Landlord: In the event of the violation of the foregoing by any tenant. Landlord may remove or stop same without any liability, and may charge the expense incurred in such removal or stopping to tenant 4. The sinks and toilets and other plumbing fixtures shall not be used for any purpose other than those for which they were constructed, and no sweepings. mbbish. tags, or other substances sball be thrown therein.. All damages resulting from any misuse of the fixlure$ shall be borne by the tmumt who, or whose subtenants, assignees or any of their servants, employees. agents, visitors or licensees shall have caused the same. S. No boring, cutting or stringing of wires or laying of any floor coverings shall be permi~ except with the prior written consent of Landlord and as Landlord may direct Landlord shall direct electriciaos as to where and how telephone or data cabling are to be introduced. The location of telephones, can boxes and other office equipment affixed to the Leased Premises shall be subject to the approval of Landlord. 6. No bicycles, vehicles. birds or animals of any kind (except seeing eye dogs) shall be brought into or kept in or about the Leased Premises, and DO cookiDg shall be done or permitted by any tenant OD the Leased Premises. except microwave cooking, and the preparation of coffee. tea, hot chocolate and similar items for tenants and their employees. No tenant shall cause or pem1it any unusual or objectionable odors to be produced in or permeate from the Leased Premises. 7. The Leased Premises shall not be used for manufacturing. unless Such use confonns to the zoning applicable to the area, and Landlord provides written consent. No tenant shall occupy or permit any portion of the Leased Premises to be occupied as an office for the manufacture or sale of liquor. narcotics. or tobacco in any fonn. or as a medical office. or as a barber or manicure shop, or 8 dance, exercise or music studio, or any type of school or daycare or copy, photographic or print shop or an employment bureau without the express written consent of Landlord. The Leased Premises shall not be used for lodging or sleeping or for any immoral or illegal purpose. . 8. No tenant shall make. or permit to be made any unseemly, excessive or disturbing noises or distW'b or interfere with occupants of this or neighboring buildings or premises or those having Exhibit D Page 1 of4 business with them. whether by the use of any musical instrument. radio, phonograph, unusual noise, or in any other' way. No tenant shall throw anything out of doors, windows or down the passageways. 9. No tenant, subtenant or assignee nor any of its servants. employees. agents. visitors or licensees. shall at any time bring or keep upon the Leased Premises any flAmmable., combusb'bte or explosive fluid. chemical or subSlance or ftrearm. 10. No additiooallocks or bolts of any kind shall be placed upon any of the doors or windows by any tenant. nor shall any changes be made to existing locks or the mechanism thereof. Each tenant must upon the tennination of its teoancy. restore to Landlord all keys of doors. offices, and toilet .rooms, either tumished to. or otherwise procured by. such tenant and in the event of the loss oflceys so furnished. such tenant shall pay to Landlord the cost ofreplaoing the same or of changing the lock. or locks opened by such lost key if Landlord shall deem it necessary to make such changes. 11. No tenant shall overload the floors ofthe Leased Premises. All damage to the floor. structure or foundation of the Building due to improper positioning of storage items or materials shall be repaired by Landlord at the sole cost and expense of tenant. who shall reimburse Landlord immediately therefor upon demand. 12. Each tenant &baD be respoasible for all persons entering the Building at tenant"s invitation. express or implied. Landlord shall in no case be liable for damages for any error with regard to the admission to or exclusion from the Building of any person. In case of an invasion. mob riot, public excitement or other circumstances rendering such action advisable in Landlord's opiDi~ Landlord reserves the right without any abatement of rent to require all persons to vacate the Building and to prevent access to the Building durin& the continuance of the same for the safety of the tenants and the protection of the Building and the property in the Building. 13. Canvassing. soliciting and peddling in the Building are prohibitedo and each tenant shall report and otherwise cooperate to prevent the same. 14. All equipment of any electrical or mechanical nature shall be placed by tenant in the Leased Premises in settings that wil~ to the maximum extent possible. absorb or prevent any vibration. noise and annoyance. IS. There shall not be used in any space, either by any tenant or otheLs, any hand trucks except those equipped with rubber tires and lUbber side gumls. 16. The scheduling of tenant move-ius shall be befOre or after nonnal business hours and on weebnds. subject to the reasonable discretion of Landlord. 17. The Building is a smoke-free Building. Smoking is strictly prohibited within the Building. Smoking shall only be allowed in areas designated as a smoking area bY Landlord. Tenant and its employees. representatives. contractors or mvltees shall not smoke within the Building or throw cigar or cigarette butts or other substances or litter of any kind in or about the Building,. except in receptacles for that purpose. Landlord may. at its sole discretion. impose a charge against monthly rent of S50.00 per violation by tenant or any of its employees, representatives. contractors or invitees, of this smoking policy. 18. Tenants will insure that all doors are securely locked. and water faucets. electric lights and electric machinery are turned off before leaving the Building. Exhibit D Page 20f3 19 Tenant, its employees, customers. invitees and guests shall. when using the parking facilities in and around the Building, observe and obey all signs regarding fue lanes and no-parking and driving speed zones and designated handicapped and visitor spaces, and when parking always park between the designated lines. Landlord reserves the right to tow away, at the expense of the owner. any vebicle which is improperly parked or parked in a no-parking zone or in a designated handicapped area. and any vehicle which is left in any parking lot in violation of the foregoing regulation. All vehicles shall be parked at the sole risk of the owner. and Landlord assumes no responsibility for.any damage to or lOBS of vehicles. 20. Tenant shall be responsible for and cause the proper disposal of medical waste, including hypodermic needles. created by its employees. 21. No outside storage is permitted including without limitation the storage of trucks and other vehicles. 22. No tenant shall be allowed to conduct an auction &om the Leased Premises without the prior written consent of Landlord. n is Landlord's desire to maintain in the Building and Common Areas the highest standard of dignity and good taste consistent with comfort and convenience fOr tenants. Any action or condition not meeting this high standaId should be reported directly to Landlord. Landlord reserves the right to make such other and further .rules and regulations as in. its judgment may tiom time to time be necessary for the safety, care and cleaaliness of the Building and Common Areas, and for the preservation of good older therein. . Exhibit D Page 3 of3 BARRY ALAN GOLBERG 2940 NW 25M Way Boca Raton, FL 33434 goldbergbarry@msn.com 561-251-7017 OBJECI1VE To apply extensive pre-owned automotive management experience in a challenging and competitive marketplace. To dift:ct the retaiI supply line and maximize the profitability of a large trade base at the wholesale level. To lead and train a staff capable of meeting and surpassing company goaIs. PROFESSIONAL EXPERIENCE Barry Bays Can - PraideDt I.wary 2109 - April20J.l Created company in 1he aftermath of the banking crisis of 2008 to insure the cOntinued supply of cle8]4 low mileage late model cars. Established and maintained a balanced and wen budgeted advertising campaign throughout Palm Beach County. Conducted business via eCommerce to allow sales to continue growing nationally. Responsible for all financial aspects of the business including the recordkeeping, inventory comrol, cost allocatio~ licensing, and vendor relations. Ac:eomplislunellts: . Established a local presence in the community. · Further developed deep roots previously planted with the wholesale auction network. · Continued building strong professional relationships with well recogni7NI automotive reconditioning vendors previously established during prior job position. · Worked closely with baoks and lending institutions to help customers secure loans. · Maintained UPower Seller Status" via eBay Motors by achieving 1 ~ percent rating. · Secured relations with local licensing authorities including the Regional Motor Vehicle administmtor. Bethesda Moton, LLC . PanDer September 1t03 - December 2008 Transformed a local Maryland based high line wholesale operation into an international retail powerhouse via eCommerce. Opened and maiDtained a Boca Rato~ Florida office to handle increased. volume. Traveled nationwide acquiring 30-40 cars per month resulting in Annual sales of fifteen million dollars. Directed an extensive reconditioning center. Developed a huge network of customers both nationally and internationally by providing very well designed listings including. detailed descriptions, numerous professional photogmphss and extensive vehicle histmy reports. Oversaw and approved the purchasing operations. Extensively researched auction inventOIy vehicle history reports, market trends, and various package details to increase purchasing power, and to better educate consumers. Responsible for all company operational and financial matters. - Hired and cross trained small support staff in an effort to maximize efficiency and minimi7.e overhead expenses. Provided customer assistance wi1h financing and shipping options. Aeeomplisluaeau: · Formed strong ties within the nationwide wholesale auction enteJprise. · Established close professional relationships with local automotive reconditioning vendors. . Received stellar feedback. on eBay Motors. · Gained tremendous knowledge and expertise in the high line sales market. · Entered into a relationship with Eum Motor cars in Bethesd, ~btwiu ~~ preowned Mercedes Benz cars. IS cg I.S U W IS @ 12 Hi-Let Aut. Sales, Mt. Airy, MD - Via PresideDt 1999-2003 Converted locals into eCommerce sales. Began selling cars on eBay Motors Um:n its inception. Sold primarily highline European cars. Maintained 100% positive ~ck and developed a large national following. Shipped cars nationwide and worldwide... AeeompUUmellts: (I Ran a 92% sales ratio on eBay Motors. Recognized by eBay Motors as one of tile top 250 sellen worldwide. · Received an award. from Meg Whi~ CEO of eBay Incorporated for honesty, integrity, and customer service. Cavalier Auto.odv~ loeorporated DBA TyseIlS Public: Auto Audioo - Pnsideat 1993-1999 The formation of Cavalier was for the purpose of expanding operations to the new Tysons Comer, VA facility. Proved to be a master of marketing intuition. In charge of ,Ml-.,g a second weekly auction, doubling the company's revemJe. Created an F and I division for customers on limited budgets. Exported 2,500 Hyundai cars to Chile. Served as the company's sole auctioneer. Created an offShore extended wammty company to further generate revenue. Sold over 25,000 cars in eight years. The company became the Iargest reIJIil dealer in the State ofVirgiDia and set the ~ for many future public auto auctiODS. Received recognition from The Washington Post M9ftne as the "finest auctioneer in the area". Fairfu City :rublie Auto Audio., Fairfax VA - Presideat 1991-1993 Founded the auto auction utilizing the service lane on weekends at Steve Smith Pontiac GMC Truck. This enterprise expanded so quickly, it grew out ofits facility in Fairfax, VA Roseathal A..motive 0IpDizati0D, ArtiDgton, VA - Direetor 1990 Aggressively recruited by Robert RoseothaI, the CEO of Rosenthal Automotive Orpni7'.RlriOll to organize and head up their entire used car whoJP-CZR1i1\g operation. Upon being exposed to the vast market demand for reasonably priced cars, began working on opening an auto auction to target the general public. Developed lifelong relationships with top company executives including Mike Cbmpp, who today is the senior partner ofChrapp and Weiss, Mclean, VA. TIle A_to Comer, Llleketts, VA 1917-1990 Sports ad Imports, Dover DE 1987-1991 Simultaneously opened two out of state mail operations. Worked the auto ~n circuit purchasing inventory for both locations. Consolidated operations to Virginia in response to .market conditions. Montgomery Auto Sales, RodMIIe, MD 1982-1987 Set up wholesale operation. HIred and managed buyers and expanded openttioos through the Mid- Atlantic Region. Franks To1riDC Serrice, RHkville, MD 1978-1981 Persuaded the owner to invest in one flatbed rollback because on other local company bad ODe. Responsible for overseeing the building of the truck by a company named Weldbuilt located in Wyndance, NY. Introduced the truc~ with its mechanical abilities to other dealers,. helping the owner to expand his customer base. This truck became the standard of towing and is still used to this day.