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Minutes 03-01-22
Minutes of the City Commission Meeting Held Online Via the GoToWebinar Platform and In-Person at the City Hall Commission Chambers 100 East Ocean Avenue, Boynton Beach, Florida On Tuesday, March 1, 2022 at 5:30 P.M. Present: Mayor Steven B. Grant Lori LaVerriere, City Manager Vice Mayor Woodrow L. Hay James Cherof, City Attorney Commissioner Justin Katz Crystal Gibson, City Clerk Commissioner Christina Romelus Commissioner Ty Penserga 1. Openings A. Call to Order - Mayor Steven B. Grant Mayor Grant called the meeting to order at 5:30 P.M. Roll Call City Clerk Crystal Gibson called the roll. A quorum was present. Invocation by Pastor Amalie Ash, First Presbyterian Church Pastor Ash was not in attendance. In her absence the Invocation was given by Vice Mayor Hay. Pledge of Allegiance to the Flag led by Commissioner Justin Katz Commissioner Katz led the Pledge of Allegiance to the Flag. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Grant reduced community support funds from $500 to $400 for Items 5C and 5E and adding $200 to Item 5H for a total of $300. Mayor Grant request that Public Audience be moved to the end of the agenda before Future Agenda Items. 2. Adoption Motion Vice Mayor Hay moved to approve the agenda as amended. Commissioner Katz seconded the motion. The motion passed unanimously. 2. Other Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 A. Informational items by the Members of the City Commission. Commissioner Katz disclosed he spoke with Bradley Miller regarding the office on Federal Highway. He also spoke with the owner of Copperpoint Brewery regarding the brewery related item on the agenda. Commissioner Penserga disclosed that he spoke with Bradley Miller regarding Item 8E. He also spoke to Dr. Schneider, several residences and received numerous emails regarding Item 8E. Vice Mayor Hay disclosed that he spoke with Bradley Miller. On Saturday he attended Black History Celebration at Sara Simms Park. Mayor Grant disclosed that on February 16th, he attended the Boynton Beach Veteran's Task Force. He Thanked Frankie Lazo for being the City Liaison to help with the different events for the Veteran's. On February 17th, he attended the Transpiration Planning Agency and had a meeting with PBS WXEL. On February 23rd, he attended the FRA Train Crossing Summit. That afternoon he attended Transpiration Disadvantage Local Coordinating Board. On February 24th, he attended National City Conference. On February 25th, he played golf with representatives from JKM Developer. On February 26th, he attended the Founders Day for Delta Sigma Betta. He spoke with Bradley Miller and Matt Haut. He stated that this could be his last meeting and that it was an honor to serve the City of Boynton Beach. Commissioner Romelus thanked the Commission for allowing her to attend virtually. Unfortunately, she will not be able to attend the few meetings. She suffered a personal injury that prevents her from driving and sitting or standing for long periods of time. She regrets that she is missing the last few meetings serving as a Commissioner of District 3. She thanked everyone that has sent her well wishes, prayers and thoughts. She disclosed that spoke with residences of Snug Harbor and Riviera Drive regarding the project that is on the agenda tonight. She also spoke Bradley Miller the representative of the project. She also spoke with Bonnie Miskell. Motion: Vice Mayor Hay moved to approve putting Item 12A ahead of Public Audience. Commissioner Penserga seconded the motion. The motion passed unanimously. 3. Announcements, Community And Special Events And Presentations A. Human Resources is announcing the City's annual participation in the Let's Move: Commit to Change Physical Activity Challenge from March 1st through March 31st. We encourage everyone to join our team: Boynton Beach Move Crew. Additional information about Let's Move is available at www.LetsMovePBC.org. 2 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 Daniel Goodrich, Assistant Director Human Resources and Risk Management, announced City's annual participation in the Let's Move: Commit to Change Physical Activity Challenge from March 1st through March 31St B. Announcement recapping the Joe DiMaggio Children's Health Specialty Center Magic Wheels &Special Deals event by Stephanie Soplop. Stephanie Soplop, ADA Title II Coordinator, recapped the Joe DiMaggio Children's Health Specialty Center Magic Wheels &Special Deals event. This was the City's 6th event and 3rd year in a row that the event was sponsored by the Joe DiMaggio Children's Health Specialty Center. Jason was the Magic Wheel recipient. He is 11-years-old and has Cerebral Palsy. Jason loves baseball and his Magic Wheel was designed to look like a baseball glove. She thanked sponsors and everyone who helped to make this a successful event. She present plaques to Chariots of Love who help create the Magic Wheel for Jason. Jonathan Doring, Special Olympics Tennis Athlete, thanked the City for continued support a presented a plaque to the Mayor. Mr. Doring announced that Saturday March 5th, the County games will be held at Benjamin High School in Jupiter. He asked if anyone would like to volunteer to speak with his mom, Kathleen Doring and Rich Fleming the County Director of Special Olympics. He will be attending the Special Olympics in Orlando, Florida June 5th to June 12th. Kathleen Doring, thanked the City for their continued support. C. Presentation about the Boynton Beach City Library's Makerspace: Creative Edge Studio by Library Director Craig Clark, and Librarian Christina Graves. Craig Clark, Library Director and Librarian Christina Graves gave a presentation on Boynton Beach City Library's Makerspace. Commissioner Romelus thanked the Library Staff for the presentation. This is something she had asked for a while ago. She hopes that the Makerspace is used so much that eventually the equipment will have to be replaced. This is a great tool for the residence. D. Proclamation recognizing March 22, 2022 as "All People's Day." Susan Berkowitz-Schwartz, Founder/President of All People's Day, Inc., will be online to accept the proclamation. Mayor Grant read the proclamation, which was accepted by Susan Berkowitz-Schwartz. Ms. Berkowitz-Schwartz gave a brief history on the day and thanked the City for their continued support. She announced that the All People's Day Festival will be on March 19th, from 11 a.m. to 3 p.m. at Pompey Park in Delray Beach. If interested in having your child attend the children's activity please contact Ms. Berkowitz-Schwartz at 561- 495-9818. 3 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 E. Proclamation recognizing the 50th Anniversary of the Florida Association of City Clerks (FACC). Lanelda Gaskins, MMC, FACC SE District Director, will accept the proclamation. Mayor Grant read the proclamation, which was accepted by Crystal Gibson City Clerk. Vice Mayor Hay stated that City Clerk Gibson has done a phenomenal job for the City. Mayor Grant stated that City Clerk staff does so much for the City behind the scenes. Making sure that all that is done during Commission meetings is recognized and recorded for the next hundred years or more. Crystal Gibson, City Clerk, thank the Mayor for recognizing the office of the City Clerk. She gave kudos to her staff, we work together as a great team and make it a wonderful office. F. Proclaim the month of March as Irish American History Month. Mayor Grant proclaimed the month of March as Irish American History Month. G. Proclaim the month of March as Florida Bicycle Month. Valerie Neilson with the Palm Beach Transportation Planning Agency will accept the proclamation. Mayor Grant read the proclamation, which was accepted by Alyssa Frank with the Palm Beach Transportation Planning Agency. She thanked the Commission and the City. H. Proclamation recognizing the week of March 14-21 , 2022 as Scholar Career Coaching, Inc. Program Awareness Week. Lynne Gassant, Executive Director of Scholar Career Coaching, Inc., will accept the proclamation. Mayor Grant read the proclamation, which was accepted by Lynne Gassant, Executive Director of Scholar Career Coaching, Inc. She thanked the Commission and the City for their support. Commissioner Romelus stated that Scholar Career Coaching is doing a tremendous job with the high school students, especially those who come low income and immigrant backgrounds. I. Mayor Grant requested a public update from the City Attorney on the JKM lawsuit. Jim Cherof, City Attorney, stated the Commission received a handout on the update that contains three points. The judge on the case has been changed and the City has received a new trail order. In the interim JKM has listed the property for sale, a formal listing is included in the backup. The City Attorney's Office will continue to provide any updates on any proposals for third part to acquire the property. There is request for a close door 4 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 session on April 19, 2022 before the City Commission meeting. Commissioner Penserga inquired about the value of the property and what JKM is selling it for. City Attorney Cherof stated that he does not have the specific dollar amount. He believes it was more of a posting of the property requesting interested parties to submit a proposal and dollar amounts associated with those proposals. That is the information that the City Attorney's office is trying to obtain. Mayor Grant asked if the contract allows for the right of first refusal. City Attorney Cherof explained that the City originally had the option to acquire the property back and release that option. The CRA and the City or a combination of the two. He could figure out a way to make a proposal if City wanted to compete with the private sector. The CRA is limited because they are not supposed to compete with the private sector, they are supposed to clear the way for the private sector to advance. J. The Community Meeting that was scheduled for March 3, 2022 regarding the December 26, 2021 accident has been cancelled at this time. City Attorney Cherof stated that there have been a lot of questions about why the meeting was canceled. Last week he and the City Manager conducted a conference call with the representatives of the Florida Mutual Insurance Trust. They provide the insurance defense to the City on all matters of claims. They have assigned an attorney to represent the City in those manners and at the advice and request of the attorney, there would be no community meetings or other meetings regarding the subject matters that could spill over to the pend threat of litigation. Mayor Grant inquired if the City received a notice of claim. City Attorney Cherof stated that he would have to check and would provide a copy to him. Mayor Grant asked the City Attorney to explain to the public what a notice of claim is. City Attorney Cherof explained there is a notice requirement under the statute where anybody interested in asserting a claim against the City has to provide advance notice of the claim, an opportunity to provide information associated with the claim. That is a procedural requirement under state statute before a lawsuit is filed. Vice Mayor Hay inquired if the request still stands after FHP closes the case. City Attorney Cherof noted that it is the initial guidance from the litigation Council assigned to the City's case. Under the Notice of Claim, he would expect that everything else will 5 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 evolve, then there will be a time and a place to deal with issues of concern that the public has raised. There will be some format for providing that information at the appropriate time. Vice Mayor Hay stated regardless of what the outcome may be. City Attorney Cherof commented he thinks it would be without regard to the outcome. Commissioner Penserga asked if this was normal procedure for handling cases? City Attorney Cherof stated that it is common for defense counsel to want to be involved in the disclosure of information and the control of communications, which might have to be dealt with in the future during litigation. Commissioner Penserga inquired if their concern is to be a witness or to have the records of what occurred in that meeting could the meeting be recorded for that purpose? City Attorney Cherof replied the direction was specific. It could affect the defense that is provided and the coverage available through the Florida Mutual Insurance Trust Fund. Commissioner Penserga inquired if the request was for them to be in person. City Attorney Cherof stated that is not the request. The request right now is for the City Manager, City staff, and the City Attorney's office not to communicate further concerning the appending matter. No communication at this particular point. City Manager LaVerriere noted that the City did have a meeting scheduled with the family and the attorney last week. They cancelled the meeting 15 minutes prior to meeting. Mayor Granted commented that attorneys will tell their clients not to communicate anything, and that the attorneys are able to do the communications on their behalf. What is not allowed under the Florida Bar is for our attorney to communicate with the Plaintiffs' without the attorney present. Commissioner Penserga asked if the City had the Notice of Claim before the City offered a public event. City Attorney Cherof stated he will go back and look at the sequence of events. One thing for certain is that we do not an acknowledgement of filing a Notice of Claim with the insurance company and a response until last week. Vice Mayor Hay inquired if a written statement could go out the community explaining what is happening so they can understand. City Attorney Cherof replied yes. There have been two documents approved by the litigation defense counsel that will be issued by the City Manager and the Police 6 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 department. One by one those types of things will be addressed, reviewed, approved and edited whatever the case maybe. With the expectation that as soon as possible we will be able to answer each and every question that the public has with respect to the incident. Commissioner Penserga stated that he is confused because we offered to have a public meeting to discuss this, only for us to announce that we cannot have the meeting. Yet, you also said this was standard procedure. It created this friction, which was unnecessary. If we could not have it, we should not have said the way we are going to have one. City Attorney Cherof stated that there is a lot more to it, and he would be more than happy to discuss the details and sequence with you. Factors change. Things changed. In good faith, The Commission asked for the manager to set up a community conference. If you recall, he did raise issues about the subject matter so that the public would not be disappointed with the outcome. It is evolving in nature, and we will expect it to continue to evolve as it occurs. He would like to call Commissioner Penserga to discuss this in more detail. The council that he has referred to will be available to talk to him as well. Vice Mayor Hay stated that he would like to speak with the City Attorney as well. City Attorney Cherof stated that he will talk to anyone, who is on the Commission. Commissioner Romelus stated that she advocated for having this public meeting. From what she understands and communications that have occurred since then, the family declined to meet with staff after meetings were scheduled. Then due to the litigation, a decision was made not to proceed with the public meeting. She wants to make sure it is understood it is not the City choosing to not have public meetings. The nature of this situation puts the City in a difficult position. The family involved is demanding answers for what has happened, which they rightfully deserve. It mars the waters when we have all these lawsuits and lawyers involved. She has always stood in support of making sure that there is transparency and clarity. We have to proceed as both parties have chosen to do so. 4. Public Audience Individual Speakers Will Be Limited To 3 Minute Presentations (at the discretion of the Chair,this 3 minute allowance may need to be adjusted depending on the level of business comingbefore the City Commission) Mayor Grant apologized for the last apology. But unfortunately, he was not prepared and could not say anything meaningful. During the six years that he has been Mayor, there have been a lot of unnatural deaths or lives taken too soon. He wishes there was more that he could do. He opened the floor to the public at 12:47 a.m. Bryce Graham, Second Vice President of National Network, Central Florida Chapter, commented what a way to exit. It is incredible that this continues. For two months, we 7 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 have been demanding a straightforward thing, which is the basics to the wheels of Justice. The wheels of Justice in Boynton Beach are squeaky. We have come to apply oil to those wheels tonight. He demands that you fire Mark Sohn. His name is already in the Media. So, we do not have to worry about that tonight. You show this community a disservice by not firing the officer. The investigation has nothing to do with you all taking accountability to fire him. We no longer need your words. We need your actions. Peter Torocsik, He stated that the City Attorney disqualified him from the proposal. He is asking for public records. He claimed that he wrote City manager, and she did not answer. It is a massive violation of my First Amendment Rights. He has the right to speak freely. Mayor Grant asked if there was an RFP for the golf course restaurant. City Attorney Cherof replied that the RFP is working its way forward to the City Commission for review. Mayor Grant inquired if Mr. Torocsik was disqualified from the RFP and if he received that in writing. City Attorney Cherof confirmed that Mr. Torocsik was disqualified and he has communicated with him in response to all of his emails. It is premature for the Commission to be discussing this the RFP is working its way forward to the Commission. Mayor Grant stated that he is concerned with the disqualification without reasoning. City Attorney Cherof stated that a report will be put together for Commission and the agenda item will be very clear about what occurred in the RFP process. Lola Torocsik stated that on February 9th, we saw the e-mail saying you are disqualifying his company. February 11th, someone came to our workplace and told us that we got disqualified. We had no idea that you had a public meeting. February 12th, we requested public records. Since that day, we have been sending you a public records request. She claimed that the City clerk hung up on her twice. She came to the city hall today, and she was thrown out. He was yelling at me. The cashier lady said that there is nothing you will get from us. On February 14th, he talked to Ms. Pinto personally. She told us you got disqualified. She did not give us an individual scoring sheet. She did not provide us with the disqualification letter. City policy procedure says if someone is disqualified, the City Manager has the right to change that. We sent you the notice of appeal for disqualification. You never responded that yes, you got it. If you disqualify us and you avoid this contract to someone else. You are saying we should do a big protest. I can do a bid protest if I am disqualified. I do not have the basis for doing a bid protest, and that is your plan, and your disqualification is incorrect. Ultimate bakery, the proprietor had no lawsuit in 2020. You cannot discriminate against us and disqualify us on something that is not true. The City Attorney responded via e-mail on February 22nd, and 8 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 he asked for our attorney. We replied we do not have an attorney. Since that day, you are not communicating with us. Do you have the disqualification letter in your hand? Yes or no. Do you have the individual scoring sheet for his company? You want to award the company from Minnesota that has zero experience with the government. The financial statement says not applicable. They did not even attach a financial statement, and you want to award the contract to them. Why are you discriminating against him? What is the reason his age? His accent, what is your reason. If the company were better, she would tell him to retire. They are better, but they are not better, and you are not giving us public records. For 15 days, Kristeena Pinto had all that information in her hands. She could give it to him; she did not. This protest is on a platform, "Tenders and Bids." They could click and print out everything, and they are not doing it. When can we get this information? Mayor Grant stated that at the next City Commission meeting there will be an item discussing this issue. Bernard Wright, a current candidate for Mayor, CEO of Bernard Wright Ministry, stated that you do not have to wait until the investigation is completed to fire Officer Sohn. Why do we need an advisory board to approve the renaming of Fire Station 1 when the City Commission has the authority to rename the building? This is procrastination. Mayor Grant stated that the Historic Preservation Board could not make a recommendation. According to Code, the City Commission follows there is a four-step procedure. First, the board is to review the criteria to make a recommendation to the City Commission. The committee will review the letter that Ms. Clemons sent on January 31, 2022, detailing her accomplishments for authentication. Dr. Hayden-Adeyemo, requested that the City Manager resign from her position. She told the Commission to put forward a vote of no confidence for the City Manager and the City Attorney. Sherry Johnson, 2191 N. Seacrest Boulevard Boynton Beach CDC, stated that they just completed the grant review process for the ARPA funding. She feels that the transparency was lacking in the review process. There should be an opportunity to appeal the awarding of the ARPA funding. City Manager LaVerriere reminded Ms. Johnson that there was going to be an ARPA workshop on March 9th and encouraged to attend. Kimberly Bush, CEO of Pathways to Prosperity, stated that she concurs with everything Ms. Johnson had said. During Covid, nine organizations came together to meet the community's needs. We did it successfully. Because these nine organizations worked so well together, we decided to collectively apply for an ARPA Grant so we could continue to meet the community's needs. Many organizations that submitted applications for ARPA funding are from outside the City. She was so excited because she had communicated with funders and non-profit organizations for the last two months. Some of the largest 9 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 funders here in Palm Beach County are amazed that non-organizations can come together strategically and do collective impact work. They are looking at the City of Boynton Beach. You have an opportunity to set a precedence for what can happen when organizations come together. We can meet the needs of this community by working together. Not one organization doing this, one organization doing that. That is the old way, but you all get a chance to set a precedence that together, with the city as a partner, we can make a difference. Rae Whitely, 239 NE 12th Avenue, stated that the thing that grabbed him about the ARPA funding was the spirit that he thought it created. It wanted cities to do something different. How do you use trusted individuals from the community to serve the community? How do you make that a sustainable issue? He thinks that the faith-based CDC and the partners did create that. He cannot recall Commissioner Katz's words. He wanted to know if there were specific organizations that would be given funding to do this work. That is what happened here. We were able to organize social service providers and advocates to work for the community. Even though there are nine groups involved, other groups can come on board, but they are trusted voices. When you look at the equity study, District two was highlighted as the most significant area of need. What he is seeing from the review may not necessarily be that. We are asking for the Commission to take the lead on making sure that happens. We have an incredible staff who comes in and does work to recommend certain things in many cases. We are asking the Commission to take the lead. Do what you said you would in the spirit of what the ARPA funding was created, so the community wins now and continues to prevail throughout this process. He wants the Davis family to know that he is standing with them and supporting them. He is not here all the time, not in person, but I am online every week. Our prayers are with them, and we are encouraging Boynton Beach to do the right thing. We started this listening session called Casual Conversations out at Sarah Sims Park. We were there last week with 13 to 14 people. The idea of the casual conversation is for us to come together as a community and heal with the guidance of a mental health professional, grief, counseling, whatever it is that is happened in there. So, we are standing with the family in support, whatever we can do. We are here to do it, and God bless you all. Pernell Davis commented that he is still blown away by the City Manager stating stop with the theatrics. He had the pleasure of going to Congress Middle School yesterday for their Black History Program. They honored his nephew during the program. He had to deal with his daughter all day and night, she was inconsolable and you call it theatrical. When we leave here it is not over for us. At the conclusion of that meeting the City Manager had put something on Facebook. You said the best case of obnoxious, incivility at our Commission meeting residents lying and twisting the truth. What was the lie that he spoke about? That is more of a reason why we do not need an unprofessional person like to lead in our community. In the last few weeks, he has not mentioned firing the Officer. He has spoken with Chief Gregory and he understands the process. However, he did not know about the Officer's history at that time. The Officer has been with the police for twenty years with 17 infractions. That is almost an infraction a year; this is due cause to fire him. He is sure that the City has enough on record to uphold the firing of the Officer. 10 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 There is no way that anybody in this room would have 17 infractions and still have their job. Mayor you are a lawyer if you lose 17 cases in a row it would be hard to get to 18. The Officer made a mockery of our City and the officials have let it happen time and time again. So please tell him what was theatrical about last week. Did any theatrics happen today? Very distasteful, very unprofessional. Every citizen in this City that pays their money should be displeased. If they are not, they have a problem. Stanley Davis, 800 block of Federal Highway (fictitious), commented that it was not just for Mark Sohn when we were demanding accountability and transparency. Those same things apply to you as well. There is no accountability or transparency. The way you display yourselves among the public is disgusting. I think now that with everything that is going on with my child, that we are able to bring lights upon the City that people all over, will see some of the corruption and some of the things that you guys have misconstrued and have tried to hide and bury. It is going to be a good thing, moving forward. Lori, at some point, you need to resign. Since this council failed to vote her out, I am hoping the new Commission will have a different agenda and can see the dishonest and tastefulness presented. She is glad some of you guys will no longer be here. She hopes when more investigation prevails, that those that had a hand in covering up some of these cases that you are going to be tried and the spotlight will be on you guys as well. The meeting that was supposed to take place tomorrow that you guys, Laurie changed from the original date, which was February 22nd, because the family decided to cancel the meeting with you. She is not understanding what that had to do with the public as well, because that was the Q and A for the public as well. She is at a loss. What does our decision have to do with the community moving forward with the question and answer? If you guys were previously aware of these circumstances as to why that meeting could not be conducted, why did you guys even put that on the agenda? It does not make sense. It shows us that you guys are mocking our intelligence, playing with our emotions as if this is just a joke. My son life was taken Mark should have been fired years ago. Had he been fired; my child would still be here. It is just very disgusting. I am glad that you guys will be back to law-abiding citizens, so you know that your position will be over and you will deal with us. Shamar Davis commented that she poured out her heart to you guys at previous meetings and told you exactly how she felt that day. Instead of you guys being understanding and heartfelt human beings and not being hidden behind your titles. It did not matter to you at all. Then you have some people who, when I would tell my stories, were looking in my eyes, had these crocodile tears. That meant nothing, and that made her feel very cold-hearted. Stanley Davis commented that in the beginning he was open with the whole situation. We are still not getting what we are asking for. The officer is still getting paid. It has been 20 years that the officer is terrorizing District two. You do not see that in any other District. Vice Mayor Hay should be standing up for us, this is his District. He understands why the crime is the way it is in District two. He has lived there his entire life. The people in District two are not bad people, it is bad policing. You are going to right this wrong, or we are going to help you right the wrong. He does not understand why the meeting with 11 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 the community was canceled. Mayor Grant requested an open forum with the Police Department so that questions can be asked and information can be provided. Commissioner Penserga stated he did not understand why the City was telling the people that there was going to be a meeting and then we tell them that we could not have the meeting. The reasoning was the insurance company. He is still in favoring of having the meeting. We cannot talk about the specifics of the case but we can talk generalities. Michael Gregory, Police Chief stated that he is willing to have any dialogue and communication about the topics that have been discussed before. He is pro engagement with the Community and Community Policing. Mayor Grant suggested a meeting on March 22 with police and the community. City Attorney Cherof stated that they will work with the attorneys that have been appointed to defend the City. To structure a citizen's engagement committee that does not cross over to the issue that has been raised under the notice of claim. Mayor Grant clarified it is the Citizen's Engagement Committee Workshop is what he wants it to be called. City Attorney Cherof replied that he does not care what he calls it. Mayor Grant stated that he does and he does not like City Attorney Cherof's tone. City Attorney Cherof stated that the Mayor keeps pressing this issue. He asked a couple of meetings ago to try to build the structure for that kind of meeting. He warned the Commission that you were setting up the City for disappointment and the community for disappointment. By not providing structure to the meeting. Now we have an outside council telling us to provide structure. The Attorney has not met with the Police Chief. Yet you want to commit to a specific date without input from that Attorney. Mayor Grant replied this is not about the incident. It is about the Law Enforcement Agency. He has spoken with people who have grown up in Boynton Beach, and they have a different perception of what is going on. We need to start having conversations about community policing in the City. City Manager LaVerriere asked Chief Gregory to explain his plan for the engagement committee and re-instating town hall meetings. She noted that this is more than one workshop and should not be rushed. It is going to be a series of numerous communications and structure. Create the ordinance, approve the ordinance then engage the community repeatedly. There is a plan, and there needs to be structure to it. It needs to be completely isolated from this incident. We have talked to the NAACP and some non- 12 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 profits who want to work with us. We welcome it. She is asking not to cram a date down right now because we need an opportunity to get ourselves organized. Mayor Grant stated he feels that he has to have a town hall meeting on the day before he leaves on March 14th, and invite the chief to come, so that we can have a conversation about what is going on in the City. That all the community is trying to do. That is why they are coming here and spending three hours during public audience to have a conversation with us because they do not know of another opportunity to have a conversation. They have been coming here for over two months to have a conversation. He feels that they are trying to emphasize to us that it is not one incident. Based upon the conversations that he hears at the City Commission meetings, they are not being informed, not the family, but the community. The family is speaking on behalf of the community, and they want a conversation with our police department. Michael Gregory, Police Chief, stated we have not had a townhall this year. We planned the February 22nd date as restart of our townhall meetings. We had one or two when he first joined and then Covid hit. February 22nd was going to be the kick off of series of quarterly committee outreach and engagement. Come one, come all and hear what is going in the Police Department. Express concerns, questions about operations. The Department is on board with this and getting input from all stakeholders on what the meetings should be. Community engagement is overdue. City Manager LaVerriere inquired if Chief Gregory would be prepared to have the timeline laid out for the next meeting. Chief Gregory replied that he could provide general schedule for the remainder of the year. It would be more structured as the Commission had indicated in their dialog. It will include crime statistics, policy reviews, training, curriculum reviews, and much more. The nuts and bolts of the operation of the Police Department. Mayor Grant stated that to honor SJ and all of those who have died on the roads here in the City of Boynton. There is a park located on the corner of 6th Avenue and 6th Court that could be used to remember and honor the people who have died. Charday Hunter, inquired about the park and if was for people who died by the Police. Mayor Grant replied it would be people who died in traffic accidents. Ms. Hunter commented that you believe them when a person shows you who they are the first time. Someone rarely changes their beliefs. That is evident by Office Mark Sohn, 20 years on the force and all the infractions. How many times can you rehabilitate somebody? He is incompetent, underachieving, and underperforming. He has been in many situations with his vehicle. Why is he allowed to keep his vehicle? Maybe he should be on horseback or riding a bicycle. We are supposed to sit here and give him the benefit of the doubt of an investigation, but my nephew is six feet under in a box. It has been 13 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 proven that he does not give a damn about the people he is supposed to be protecting. He does not care. He does not care how many times he has been reprimanded. He did what he did because he felt like he could. He needs to be fired. Yolanda Byrd Davis, imagine coming here month after month, week after week, and our petitions are falling on deaf ears. We have asked you to be transparent. We have been here adhering to what you tell us; you cannot do much. You know what this Officer stands for. He is upheld with the things that he is doing. The family is asking you to let us know what is going on. How can you help us? Who do we go to, we are coming to you guys for help, and there is no help. Who do we cry to? Your facial expressions are disgusting. You say stop that the theatrics that is my husband. When I go home at night, I have to console him about our nephew. Is that theatrical? My stepdaughter is not performing well. Is that theatrical? When my brother-in-law is having suicidal thoughts, is that theatrical? When his mother constantly has to keep getting off work to come here and plead with you guys, is that theatrical? No, it is not. We are asking for compassion. We ask you to be human and sympathize with what is going on? Then you canceled the meeting. This meeting was not just for the family. The meeting was for the community. Because even though you have 17 infractions, that is not all he has done in this community. Come on, for you guys to stay here and drag out the public audience to the very end. I saw you smirking because there is no way you spend 45 minutes talking about, can you have heated food in a mini brewery in an industrial area. What was that about? Scope of regulation for an industrial area, no, you drug it out. You know you did. You have fun dragging it out. There was a time FAU came up here to explain demographics. You specifically said in District two that we are overpopulated and underrepresented. District two has been underrepresented for years. You guys have not done your job. We are asking you to do your job, which seems like it is too hard. So, what do we do? How do we move, because we come here, week after week, and nothing is being done? Who do we have to speak to, because it is not you guys? You guys are here to appeal to the community. We do not have that here, yet we come peacefully. Yet we come with tears. Yet we come with our hearts, and you have no heart. You have no compassion. I am utterly disgusted, not just as a family because now it goes along with police brutality, systemic oppression, systemic racism. I hate to use those words. The agenda has been bumped down, but we come here. We are not even on the agenda we speak during public audience. We are not going away. Why has this not been a part of the whole protocol? When is it going to be a time to speak on it? We did not give you a date; you gave us a date. You gave us the date that you constantly keep pushing back. We are tired. I am tired. It is one in the morning, and we all have jobs. My daughter has school. It is unacceptable. Raise your standard; Mr. Hay, for District two, that is being underrepresented. We are holding you all to a standard. Even when you leave, you are still a part of the community. I expected more. Mr. Mignoli stated that this case with SJ he has enough evidence, videos recordings inside information from the Police Department, Fire Department and City Hall. He has solid information, he is working with the Crump law firm. He claimed there where motorcycles reckless driving around City Hall and the Police did nothing to stop it. 14 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 5. Administrative A. Appointment of eligible members of the community to serve in vacant positions on City advisory boards. Mayor Grant read the list of positions that are available. B. Approve the request of Mayor Steven B. Grant to distribute $200.00 of his Community SupportFunds to Boynton Beach Little League. C. Approve the request of Mayor Steven B. Grant to distribute $500.00 of his Community Support Funds to Scholar Career Coaching. D. Approve the request of Mayor Steven B. Grant to distribute $200.00 of his Community Support Funds to Art Synergy, Inc. E. Approve the request of Mayor Steven B. Grant to distribute $500.00 of his Community SupportFunds to South Florida PBS. F. Approve the request of Mayor Steven B. Grant to distribute $200.00 of his Community Support Funds to American Academy. G. Approve the request of Mayor Steven B. Grant to distribute $200.00 of his Community Support Funds to Alpert Jewish Family Service. H. Approve the request of Mayor Steven B. Grant to distribute $100.00 of his Community SupportFunds to Community Greening. I. Approve the request of Mayor Steven B. Grant to distribute $200.00 of his Community Support Funds to the Boynton Beach Bulldogs Football team. J. Approve the request of Mayor Steven B. Grant to distribute $200.00 of his Community SupportFunds to Boynton Strong. Motion Commissioner Penserga moved to approve items 5B thru 5J. Vice Mayor hay seconded the motion. The motion passed unanimously. Vice Mayor Hay commended the Mayor for his distribution of funds to the different organizations. He does have a concern that when he came into office that there was no Community Support Funds available to him to distribute. This is the same scenario the new Mayor will be facing. Something needs to be done. He does not think it is fair for the 15 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 newly elected officials to have zero funds and have to wait 8 months before they can get the funding from the new budget. Mayor Grant stated that when he was elected there was no Community Support Funds left for him to use. It is something that should be discussed during budget. Vice Mayor Hay stated that he did not wan to wait until October. There needs to be a provision for new elected officials that are coming in so that they would have funding. Commissioner Romelus commented it is six months max which is a short amount of time in the grand scheme of things that they would have to wait. Then they have three to six years to determine how they want to spend their Community Support Funds. She is not in favor of having to leave or discuss leaving a certain amount of funding for incoming Commissioners. The six-month period where they would have no money to spend. It is the perfect time for them to learn and determine the entities within the Community that they would like to support. Commissioner Katz stated that he does not have a long-term solution for this. In the short term if it is permissible he would like leave half of his funds to the incoming Mayor or Commissioner. City Attorney Cherof commented that he would have to look to see how it was structured on the budget agenda. It maybe unique dollars for a particular Commission seat to spent directly to the organizations and not shared amongst the Commission. The concept is very generous he is not sure if it is consistent with the way it was approved on the budget. It could be a budget amendment to allow for this, but it can not be done tonight. Motion Commissioner Katz moved to approve the transfer of $2500 from a Commissioner seat to the Mayor seat with approval from the City Attorney. Commissioner Penserga seconded the motion the motion passed 4 to 1. Vice Mayor Hay rescinding. Commissioner Romelus stated that the simplest solution would be for the current Commissioner not spend all of their funds leaving some for the incoming Commissioner. It has been her understanding that the funds that are left are allocated to the incoming Commissioner. She asked City Attorney Cherof to clarify. City Attorney Cherof replied that he cannot clarify anymore without looking at the way it was structured and or discussed during the budget process. It makes sense to think it as funds allocated for specific districts because the district Commissioner controls it. Commissioner Katz inquired if the increased allocation relative the textiles contribution would be encumbered by budget versus a board action. 16 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 City Attorney replies that we will discuss this with the clerk and the finance director and suggest to leave this to the discretion and wisdom of whoever's going to fill your district seat. Vice Mayor Hay stated that is what he is looking for at this point, not a decision tonight but to see what it says and how we can amend it. 6. Consent Agenda Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanyingmaterial to become a part of the Public Record and subject to staff comments A. Approve the one-year extension for RFPs/Bids and/ or piggy-backs for the procurement of services and/or commodities under $100,000 as described in the written report for March 1 , 2022"Request for Extensions and/or Piggybacks." B. Accept the written report to the Commission for purchases over $10,000 for the month of January2022. C. Proposed Resolution R22-034 - Approve and authorize the City Manager to sign a Grant Agreement for the Marketing and Digital Connectivity Small Business Grant Program funding inthe amount of $2,500 for Common Grounds Boynton located at 1517 S Federal Highway, Boynton Beach, FL 33435. D. Proposed Resolution No. R22-035 - Approve ARPA Subrecipient Grant Agreement with Florida Atlantic University's Tech Runway to provide local Boynton Beach entrepreneurs and small business owners, who have experienced negative economic impact due to the COVID-19 pandemic, access to personalized training programs that will help individuals build a business or grow an existing business, for the total amount of$60,000.00. E. Proposed Resolution No. R22-036 - Approve ARPA Subrecipient Partnership Agreement with Citrus Cove Elementary School for purchases of equipment and materials for the S.T.E.A.M Exploration Lab, that can be utilized in grades Pre-School through Grade 5, in the amount of $15,500.00. Vice Mayor Hay pulled Item 6E. Vice Mayor Hay asked for a definition of S.T.E.A.M and what the funding will be 17 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 spent on. John Durgan, Economic Development Manager, stated that there is backup in the agenda explaining the S.T.E.A.M He did try to have a local principal attend the meeting no one was available. Commissioner Penserga stated that S.T.E.A.M is Science Technology Engineering Art and Math. Commissioner Romelus stated she was a teacher, as well, who taught anatomy and physiology for over six years. Having S.T.E.A.M careers, or S.T.E.A.M focuses, at the elementary stages for young students is a life-altering and determining opportunity. It opens their minds and their worlds to see life around them in a different way, especially in our low-income communities. These opportunities tend to steer these students into S.T.E.A.M careers and tech careers, which are the careers of the future, which will make them and their families very comfortable. We want to guide the students in these directions. She is happy to see several ARPA grants on the consent agenda. Thank you, to the staff, for getting those through. She would love to see these schools come back to show the Commission the product of these investments. Motion Commissioner Penserga moved to approve item 6E. Vice Mayor Hay seconded the motion. The motion passed unanimously. Mayor Grant inquired when will the Tech Runway Programs start. Mr. Durgan replied that MVP (Market Validation Program)will start this Wednesday. Their Entrepreneurship Boot Camp Program start last Wednesday. These programs are going to be on a continuing basis. The Entrepreneurship Boot Camp Pro-am is an eight-week program. The MVP is a four-week program and they will be offered year-round. F. Proposed Resolution No. R22-037 - Approve ARPA Subrecipient Partnership Agreement with Poinciana STEM Elementary School for the purchase of equipment and materials for a school Drum-Line and Color-Guard in the amount of $8,000.00. G. Proposed Resolution No. R22-038 - Approve ARPA Subrecipient Partnership Agreement with Forest Park Elementary School to provide enrichment opportunities for Forest Park students in academics, physical, and emotional well-being through seven (7) separate programs for a total cost of $20,000.00. H. Proposed Resolution No. R22-039 - Approve ARPA Subrecipient Partnership Agreement with Freedom Shores Elementary School to purchase programmable robots and materials fora Robotics Club in Grades 3-5 in the amount of $8,000.00. 18 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 I. Approve the purchase of a replacement Foley Accu Pro 633 reel grinder in the amount of $38,797.00 via South Florida's sole source provider Hector Turf. J. Legal Expenses - January 2022 - Information at the request of the City Commission. No action required. K. Approve an Amendment to Purchase Order 210290 with Globaltech, Inc. in the amount of $17,542.50 to update the East Water Treatment Plant Clearwell Four-Log Evaluation for a total Purchase Order amount of $77,416.50. L. Approve minutes from the February 15, 2022 City Commission meeting. Motion Vice Mayor Hay moved to approve the remainder of the Consent Agenda. Commissioner Penserga seconded the motion. The motion passed unanimously. Comm Rom asked that schools 7. Consent Bids And Purchases Over $100,000 A. Award the purchase of Extreme Networks switches, licensing, and maintenance from STEPcg of Covington, KY in the amount of $147,471.97, utilizing the State of Florida Alternate ContractSource Number 43220000-NASPO-19-ACS for the purchase of networking equipment for multiple City buildings. The State of Florida Alternate Contract complies with the City of Boynton Beach's competitive bid requirements. B. Approve an increase to the Sages Networks, Inc. agreement to include enterprise-wide licensing in order to provide for monthly functional support and unlimited staff licenses from $104,160 to $120,000 annually. Commissioner Romelus pulled Item 7B. Commissioner Romelus asked if there was a presentation for this item. City Manager LaVerriere replied that this item is a request to increase the purchase order to allow purchasing additional licenses to expand the use of the software. The March 15th meeting there will be a presentation given by the Development Department. C. Approve the issuance of a purchase order to Graybar Electrical Company of West Palm Beach,F L utilizing US Communities 19 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 cooperative purchasing program contract #EV2370 for electrical/lighting supplies to upgrade and retrofit the existing street lights on Ocean Ave,in the amount of$143,096.39. US Communities contract satisfies the City's procurementrequirements. D. Proposed Resolution No. R22-040 - Approve and authorize the City Manager to sign a contract with TLC Diversified, Inc. for the East Water Treatment Plant Fluoride Storage and Feed Improvements project, Bid No. UTL22-010 in the amount of $758,225 plus a 10% contingency of $75,822.50, for a total expenditure of $834,047.50, and approve the Utilities Capital ImprovementPlan (CIP) budget adjustment of $427,000 for the proposed project. Motion Commissioner Romelus moved to approve Consent Bids and Purchases over$100,000. Commissioner Penserga seconded the motion. The motion passed unanimously. 8. Public Hearing 6 p.m. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local PlanningAgency and City Commission. A. Proposed Ordinance No. 22-006 - Second Reading - Approving amendments to the LAND DEVELOPMENT REGULATIONS, Chapter 1 , Article II. Use Definitions, Chapter 3. Zoning, and Chapter 4, Article V. Minimum Off-Street Parking Requirements that address Medical Care or Testing (In-patient), Beverage Manufacturing, Micro-Brewery, Brewpub, Taproom Brewery, and Take Out Restaurant uses. Staff initiated. City Attorney Cherof read Proposed Ordinance No. 22-006 on Second Reading by title only. Mayor Grant stated that he did speak with the owner of Copperpoint. Their big request is to have a residential type electric oven or an electric toaster oven or air fryer to heat food to be given to their patrons. Does our current regulation, as stated, allow people to have hot pretzels while they drink beer? Mike Rumpf, Planning and Zoning Director, stated that he does not think the City would be looking to identify those contrary to our regulations. However, if they are served some refreshments, whether it is peanuts or something like that, we would be concerned if they had a small oven in there without really knowing who would not want to micromanage it. Mayor Grant clarified does our current regulations, as stated, allow for any sort of heating element in a micro-brewery or a brewery? Mr. Rumpf replied no. 20 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 Mayor Grant stated that is our two breweries are requesting how do we have a heating element? As A conditional use or ancillary use. We are trying to provide our businesses that help bring people to our City, the ancillary service of a heating element. It is not a kitchen where we have a designated oven is similar to a wet bar with counter space. Is a wet bar not allowed? Mr. Rumpf commented he thinks the business plan is too local successful businesses, and that is to serve people, similar to maybe less assortment, if you will, if you go to the restaurant. We have done our best to bring food closer to these businesses in the industrial area; otherwise, you are crossing that line by allowing them to heat foods. Parking is the main problem. These properties are not intended for restaurants. Mayor Grant stated this is an invalidated argument there is a restaurant on the premise with a food truck that has been there for seven days a week that he is sure you have observed. Mr. Rumpf stated that is correct. We are very proud of the regulations and one of the first cities in the county that establish rules to help fuel the brewery industry. We went from a tasting room that was a couple of hundred square feet to what looks like a full- service bar with that unique niche, being created their site and feeding that need. We received in the past complaints about cars parking on the street. It is a little bit counter to what we would like. Want to do it the right way, and we have. We fueled this. We knew that it could push the boundaries of the site's capacity. We look to see how we could continue to provide them with another option. That could work for them. Not necessarily as close in partnership and sharing space because you are crossing that line. What pleases the Commission we will write and create something you would like to use. Perhaps it becomes a pilot, but we know that, and we did discuss that with them, but for them to invest in kitchen preparation, food preparation equipment and then after a year, we sent out there busting at the seams, you cannot give up the food trucks here. Mayor Grant stated that he thinks a pilot program because I, as I mentioned the argument, says it is turning into a restaurant when there is a full kitchen on the premise already, with a food truck. You say they cannot cook the food inside the building, but it could be cooked outside the building even though it is the same food. It allows 120-volt appliances on a pilot basis. He thinks with the kitchen, including the food trucks, they have open heating elements that we would not approve, and they have ovens that are more than 120 volts. He asked the commission if they were okay with a pilot program. Commissioner Katz inquired about the matrix that has been created delineating between a variety of beer services. The only one that does not allow food service is a brewery. Is there anything that legally prohibits this commission from saying change no food service allowed to foodservice allowed? Legally are we allowed to do that? Mr. Rumpf responded that we could write regulations to accommodate that legally. Commissioner Katz stated that he asked these questions because there are two breweries in the City. We used to have four, Covid and businesses have taken the other two out, including the flagship Due South, which was the first in South Florida, one of the pioneering craft breweries. We have two remaining. We build ourselves as a Brewery City. It has taken a hit because we have lost 50% of them, but the two remaining 21 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 breweries, by definition and industrial zones in this ordinance, are asking for something. But this does not allow them that. It does in a roundabout way. We are creating hurdles for reasons that he does not fully support. As the Mayor pointed out, the breweries have food trucks. In addition to typically having one food truck, they are legally allowed to have up to three food trucks at any given time. As far as parking concerns go, this is asking them to do less food service. But the benefit to these breweries is that they own the food services, not just the truck parked out front or two or three trucks. He understands the concern about parking. Doing this could limit the people and determine the traffic. Because once they have their operation running, they do not want to get food trucks to compete with themselves, certain nights. He would like to change the commercial brewery component required from not allowed to allowed. He does not want to see the remaining breweries die out. He has seen, and there are examples, not just across the country but in Florida, Funky Buddha down in Fort Lauderdale area, Cigar City, up in Tampa, basis, or down in Miami. They all do this. The reason they have been able to do this is one locality has made it possible, and two, this is the extra revenue that they can pocket to sustain their business, versus having a truck come in and take all the profit away. He will favor this if we can agree to a consensus to make the necessary changes to allow brewery designation to have food service and to point out that he does not think this will lead to any runaway or escalation of food-related restaurants. Nobody can open a restaurant in an industrial zone. This action would only permit A brewery that manufacturers beer to do this. The consequences contained that if someone wants to open a brewery in an industrial zone tomorrow and put some food service in there, that is a good thing because we have lost two. This action prevents anyone from just opening a business that is a restaurant and the industrial area. Mayor Grant inquired if Commissioner Katz was okay with a pilot program. Commissioner Katz responded that if we do a pilot program for a year, and someone invests tens of thousands of dollars in equipment, it gets the rug pulled out from under it is not business-friendly. We are not inventing anything here. We were ahead of the curve when we wrote the ordinance to allow breweries in industrial zones in Palm Beach County in the first place. But now we are behind the curve because hundreds of municipalities across the country, including Florida, allow just what he is requesting here. He does not see a need for a pilot program. If there were a pilot program, he would request five years so these breweries could operate. There are only two breweries that exist right now that could take advantage of this. We have good relations as City with them. They go to our events; they participate. They are partners. He does see them doing anything, that if it came off the rails, they would say s***w you because if it is five years as a pilot, it could disappear. Mr. Rumpf stated that there is no limit on the magnitude of the restaurant's operation or food service component. We do not have any threshold. Initially, the Mayor was talking about the size of the cooking device. Mayor Grant commented that we would not want to have someone spend tens of thousands of dollars on commercial kitchen equipment to create a restaurant and then say no. If we plan for a two to three-year pilot program, we do not want the breweries not to change their brewery to have a commercial kitchen. 22 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 Commissioner Katz stated that he does not have a problem limiting the scope because he does not believe that is what these two breweries want to do. In consultation with them, you can find out precisely how far they are trying to go, which he knows for a fact is not to open up a restaurant. It is to have a functional kitchen to serve food through the taproom internally to create revenue and profit. So, he does not have a problem ensuring that it does not turn into a 20,000 square foot restaurant in an industrial zone. He does not want to limit them to hot plates because that is not what they are trying to achieve. Mayor Grant inquired if Starbucks or Subway technically have a kitchen. Mr. Rumpf responded that the City regulates them as a restaurant. Therefore, it would only be electrical or building codes that would come into play, not zoning. Mayor Grant stated that the big difference is that if we allow for the zoning, it will affect the building codes of the industrial area. He is ok with moving forward. If you say that, it is a five-year pilot program that is up for the next Commission to determine. He would like to limit the scope of the kitchen size to no more than a thousand square feet. A food truck is generally under 100 square feet. Mr. Rumpf stated it depends. There are two classes or sizes of the fund trucks that the City regulates. One is a small cart the second is a large walk-in vehicle. Mayor Grant inquired, what are the two sizes? Mr. Rumpf replied he does not know off the top of his head, and he will provide the numbers to the Commission. Mayor Grant asked Commissioner Katz what kind of motion he would like to see moving forward. Commissioner Katz stated he would amend what has been presented in the matrix to allow, yes, for foodservice in a brewery by definition is in an industrial zone and any language in the Ordinance that would need to come into a chord with that. His preference again is a five-year pilot program. As far as size goes, he would defer to the existing breweries. He does not know whether it is a thousand square feet maximum, like a typical takeout type restaurant. Mayor Grant noted that takeout restaurants have 2500 square feet, so if we can limit that as the space, that is something that he would be comfortable with that. Commissioner Katz stated he agrees. Vice Mayor Hay asked for clarification on the size. Would it be one thousand feet? Commissioner Katz responded that it as per the definition of the takeout food at the Mayor just cited 2500. He understands staff has some angst about this. City Attorney Cherof stated the type of amendment you are suggesting is beyond the scope of this Ordinance. He would recommend that the Commission adopts this Ordinance and direct staff to bring back another ordinance that expands the type of use 23 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 you are referring to, which is essentially restaurant use, foodservice use. He does not think because of the way we structure this Ordinance. If you look at its title, you can take this Ordinance as far as you want to go tonight. Commissioner Katz stated he would move to amend the language to allow a commercial component in the brewery and then subject to a subsequent ordinance, which would define the scope. Mayor Grant inquired if we would be allowed within the scope to say that a brewery and a micro-brewery are considered the same. So micro-brewery and brewery can be used interchangeably? City Attorney Cherof stated this would be a significant overhaul of the Ordinance. So, you are essentially trying to start over through amendment, which is not a good practice. Amanda Radigan, Principal Planner, suggested that if there are no concerns with the components of this specific amendment, we could adopt this and bring back a specific pilot program altering the definition and allowing food service. We can set some parameters within the pilot program. There is the ability to do both if we approve this. She does not think there are any discrepancies between what we are allowing here as a takeout restaurant and providing a pilot program for the inside of what we are calling breweries. However, there are significant differences between production between breweries and micro-breweries. Therefore, those definitions would have to be revisited and the entire scheme reviewed. Commissioner Katz commented that he would not be in favor of disregarding everything. However, he said in passing this Ordinance subject to a hypothetical pilot program that could only come to be when he does exist up here anymore. Mayor Grant stated the situation is that the micro-brewery micro-winery micro-distillery is allowed in commercial and mixed-use zoning, which allows for food service. A brewery, winery, and distillery are allowed in M1. If a brewery is considered a micro-brewery because they produce under 9000 barrels, could they change their designation from a brewery to a micro-brewery? If we expand the conditional use of microbreweries into industrial areas. Ms. Radigan stated to make micro-breweries conditional within MU1 if they meet the micro-brewery definition. Commissioner Katz commented that would essentially put the conditions of a micro- brewery into the industrial zone for breweries. Mayor Grant inquired if that could be the pilot program. 24 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 Ms. Radigan stated that we would still have some further site regulations in the MU1 district because these were modeled over best practices throughout Florida. Many of the breweries that we see serving food are within redevelopment areas or what we have community business areas. They are commercially zoned for industrial areas and are transitioning to commercial, which is why it is outlined that way in our proposal. She thinks it is possible to put some limitations on quantity production, which is the difference between micro and our regular distilleries or regular breweries. And some limits on-site impact is going to be the most significant variable. How many people are coming into what is acting as a restaurant in our commercial district? If it is timing, if this happens after the industrial workforce is not using the parking area and parking areas could be recycled throughout the day, I mean, I think that there is a solution, and I think it needs all that more. Mayor Grant inquired whether we can allow this amendment for micro-breweries, micro- wineries, micro-distilleries, and an M1 or PID within the scope. Ms. Radigan commented that it is for the attorney. She thinks we could, but I think there would still be another layer of regulations that would need to come back. Mayor Grant stated that if we can approve that subject to a five-year pilot program, subject to further regulations, that would allow, I believe, Commissioner Katz to have something finalized to qualify for food service within the industrialized areas. Ms. Radigan reiterated that micro-brewery would be conditional use within MU1. So that would be the change. Motion Commissioner Katz moved to amend the conditional use of microbreweries, micro- wineries, and micro-distilleries into an M1 conditional use zoning. Commissioner Penserga seconded the motion. The motion passed unanimously. Ernest Mignoli, 710 NE 10th Street, stated that the Development department is destroying the City, allowing for beer, hots dogs, and a massage. On the Commission's last night, they will make it worse. Dr. Stephanie Hayden-Adeyemo, 2181 SW 15th Avenue, Apartment N102, inquired if the breweries are in an industrial area and just manufacturing beer. She feels that the only sales should be for the product they are making. An industrial area should not include food hours. Commissioner Katz stated that the breweries are not just producing beer for distribution. Over a decade ago, Boynton Beach wrote an ordinance to allow a taproom for the sale and consumption of beer. During that decade, they operated food services external to the 25 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 property in the form of food trucks every single day. In addition, they produce and sell retail out of their front room where people can drink. Vote City Clerk Gibson called the roll. The vote was 5-0. B. Proposed Ordinance No. 22-007 - Second Reading - Approving WXEL request for Future Land Use Map Amendment from Recreation (R) to Office Commercial (OC), property located at 3401 South Congress Avenue. Applicant: Gene H. Talley, South Florida PBS Inc. City Attorney Cherof read Proposed Ordinance No. 22-007 on Second Reading by title only. Motion Commissioner Penserga moved to approve Proposed Ordinance No. 22-007 on Second reading. Vice Mayor Hay seconded the motion. Vote City Clerk Gibson called the roll. The vote was 5-0. Proposed Ordinance No. 22-008 - Second Reading - Approving WXEL request for Rezoning from Recreation (REC) to Office Professional (C-1), property located at 3401 South Congress Avenue. Applicant: Gene H. Talley, South Florida PBS Inc. City Attorney Cherof read Proposed Ordinance No. 22-008 on Second Reading by title only. Motion Commissioner Penserga moved to approve Proposed Ordinance No. 22-008 on Second Reading. Vice Mayor Hay seconded the motion. Vote City Clerk Gibson called the roll. The vote was 5-0. C. Proposed Ordinance No. 22-009 - Second Reading - Approving amendments to the LAND DEVELOPMENT REGULATIONS, Chapter 2, Article II, Section 2. Standard Applications to revise review criteria for future land use map amendments and rezonings. Motion 26 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 Commissioner Penserga moved to approve Proposed Ordinance No. 22-008 on Second Reading. Vice Mayor Hay seconded the motion. Vote City Clerk Gibson called the roll. The vote was 5-0. D. Approve request for a Height Exception (HTEX 22-001) for 1320 S. Federal Highway to allow tower elements and architectural features to be constructed at 54'-10" in height, 9'-10" abovethe maximum allowable height of 45 feet in the MU-1 (Mixed Use-1) zoning district. Applicant: TY Eriks MJ Jackson Holdings, LLC. Tabled from the February 15, 2022 City Commission Meeting. Motion Vice Mayor Hay moved to remove item from the table. Commissioner Katz seconded the motion. The motion passed unanimously. E. Approve request for New Major Site Plan (NWSP 22-002) for the 1320 S. Federal Highway project to allow construction of a 10,898 square foot commercial structure and associated site improvements, on a 0.51-acre parcel, located at the northeast corner of S. Federal Highway and Riviera Drive, in the Mixed Use 1 (MU-1) zoning district. Applicant: Ty Eriks, MH Jackson Holdings, LLC. Approve request for Master Plan Modification (MPMD 22-004) for 1320 S. Federal Highway toamend the previously approved master plan to be consistent with the proposed revisions to the concurrent New Major Site Plan Application, located at the northeast corner of S. Federal Highway and Riviera Drive, in the Mixed Use 1 (MU-1) zoning district. Applicant: Ty Eriks,MH Jackson Holdings, LLC. City Attorney Cherof requested that if you have special qualifications to testify, a planner, architect, engineer, or some other professional background you think is essential to your testimony, please let the Commission know who you are and in what capacity you're speaking. If you are here in a representative capacity, make sure to identify who you are representing. If additional documents are to be made part of the record, those documents must be identified and copies left with the City Clerk. Just a word of caution concerning items of this nature in the future to anybody who sent one of these communications creates a very significant challenge to the record in a quasi-judicial proceeding. Therefore, it would be best to hold your comments and testimony to the meetings. 27 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 Bradley Miller, Urban Design Studio, 1320 South Federal Highway, gave a presentation on the project. Mayor Grant Inquired about parallel parking on Riviera Drive. If the staff deems it necessary additional parking would be provided. Would your client agree to this? Mr. Miller replied that he has spoken with Andrew Mack, Assistant City Manager, about that, and yes, it is something they would consider. Mayor Grant stated he thinks that parking is the primary concern of the neighbors. He would like to see the rooftop patio available to patrons of the businesses located in the building. Mr. Miller stated that the rooftop patio access is in control of the property owner and tenants in the building. It is not open to the public scenario. Commissioner Penserga inquired about the bond. Andrew Mack, Assistant City Manager Public Services, the bond was to give time to the project completion. Then, if the three additional spots were needed for parking, they could be built. Mr. Miller commented that the process would be an engineering cost estimate of the cost of the three spots plus 10%. Therefore 110% of the cost would be bonded and held by the City. If additional locations are needed in the future, the City can pull the bond and have those spaces built. The three spaces will be located on the south side of Riviera Drive. He feels that a restaurant space would be complimentary to the office space on the second floor; otherwise, the space would be retail. Dave Glickman, Markarian Group, stated we are attorneys and they represent Thomas Ward and Candice Killian who oppose the project. They specifically oppose the on-street parking. They also oppose the expansion of the use of the building. It was originally professional and medical it has been expanded to include retail. This new proposal fails to honor prior concessions that were agreed upon between the developer and the residents. At the meeting on February 15th there were eight concessions that were agreed to by the developer based on residents' concerns. While this newest site plan and proposal eliminates a few parking spaces, the proposal also scraps more than half of what was agreed upon concessions. The development plan now up for consideration differs from what was presented to you at the last meeting. It goes far beyond just removing three on-street parking spaces. This new plan expands use to professional and miscellaneous retail. That expansion brings a whole new host of concerns for the community residents. Please keep in mind that it is our understanding that the applicant was already given favorable treatment to reduce the number of parking spaces required. But more significant problems 28 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 remain in the Community size. Riviera Drive, as you know, is a residential street. It leads to a dead-end Cull de sac. It is already challenging for cars to maneuver in and out, given the number of ingress and egress points off Riviera Drive. Without the additional traffic congestion concerns raised by approval of this proposed development. So, that road Riviera Drive is the single funnel. Permitting this expanded use plan and accompanying on-street parking will only exacerbate the current congestion and safety issues, which is one of the primary concerns of the residents that live off that street. It is a tiny, tight area. The roadway in several places is no wider than 18 feet currently, and several blind spots already exist. This expanded use in this new plan gives rise to the possibility of food service from restaurants, bars, other retail uses, which would be implemented beyond the regular daytime hours that were previously considered. The community is concerned that that type of operation will irreparably alter the character of the neighborhood. We are also worried that specific code provisions contain conditions relating to on-street parking that count toward a minimum number of required parking areas on the front of the parcel. The front of the property is on Federal Highway, not on Riviera Drive. We are concerned that it does not meet the code provision because the proposed parallel parking is not on the front of the site. We understand that these would not be reserved spots for businesses on that parcel. It is illogical to permit parallel parking not reserved for companies that operate in that building. Again, the residents do not oppose the development carte blanche. They oppose the adverse effects of this on- street parking required by this proposal. We appreciate your time and consideration. On behalf of the residents, we urge you to vote no on this current development plan so that the residents and the developer can go back to the drawing board and work on a reasonable accommodation together. Mayor Grant stated that Riviera Drive has a commercial entrance already. You cannot say something is residential if there is a commercial entrance and exit. The conditions of approval are subject to the Commissioner's permission. They are not necessarily a bargain between the applicant and the residents. In addition, it is to the point where we would not want to limit it to certain hours for customers. The employees are likely to park there because it is much easier for the customers to use the parking spaces. The applicant is using a bond instead of the south parking where it alleviates the concerns of Snug Harbor to give them the five years to build that entrance If they need to. If they do not, then that time expires, and then they also have within those five years. We can, as a city, determine if the City needs more parallel parking are not reserved for that location. Mr. Glickman commented that it is the residents' understanding that on-street parallel parking is non-existent within City limits; this would be a new thing. Mayor Grant stated that Boynton Beach Boulevard extension has parallel parking east of Federal Highway. In addition, ocean Avenue has parallel parking. Mr. Glickman commented in regards to the bond, several of the residents that 29 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 we represent notified us that they were hearing this for the first time this evening. Very interesting idea to some of the residents. They would love to consider all on-street parking instead of only three out of the 13 proposed. It is something that they would like to consider further with the applicant. Cary Snyder, Riviera Drive, we agreed on February 10th. The site plan presented last week, uses for the building would be medical, dental, and business professional with no retail. The list of prohibited uses that I submitted did include no restaurants and no takeout restaurants. We do not want night hours also agreed to on February 10th. When presented last week, the hours would be 8 a.m. to 7 p.m. for all uses within the building. We want to get those reinstated as they were previously. There are concerns about the night hours, noise, traffic, and so forth because you cannot predict when the restaurant will be open. We want the dentist to have this building. We want to work this out. Unfortunately, the building is too large for the half-acre lot. It probably needed a whole acre, and hopefully, we can work something out with the parking issue, which is encouraging to hear about this potential bond. I may have a question about that. We want to reinstate that the use of the building is medical, dental, and business professional only. That was a concise and straightforward way to address our concerns about evening hours and reinstate that the 8 a.m. to 7 p.m. is for all building users. If you go to the next page in your packet, she could not help herself. She went into the code again, and she had heard last week that they decided to take out the 402 square feet in the stairwell. She ran some computations, and for professional businesses, it is one parking space per 300 square feet. Was indicated previously, the first two floors would probably be business professionals. She came up with just under 22 spaces, and then for the top floor, it would be 19.52 for a total of 41 spaces. That is one less. If you flip the page, there is a little diagram submitted in 2018. It is a contingency plan on parking where on the north side, they have 18 spots, and on the south side, they have 11, with seven parallel in the middle. So that would bring one up to 36 spaces on-site. She does not know if the motorcycle can go in there or not, but if so, that is 37. Then she has another little creative proposal. If you will keep looking at the diagram in the north-east corner. Maybe staff can look at that and see if there warrants further consideration. That would take you up to 39, and then perhaps two spaces could be awarded through a variance or some other type of contingency that is allowable through code. We do not want the nighttime business hours because we do not want the traffic noise and disruptions. We want it to be office only,just like Colonial center. Tonight, you will be making a significant decision that will affect over 500 people's current lives and many more. Once the building is built, it will be there forever. We want to get this right the first time. May she ask a question about the bond? If this route is pursued, how will that be memorialized? Is it a condition of site plan approval? How would that be reflected? Her concern is that the plan that is being presented is from four years ago, and it has 1920 square feet for retail. We are voting on a prior plan that does not reflect what is happening now. She wonders where it would be presented or memorialized in the documentation. Mr. Mack replied that any improvements that the developer must make in the right of way would require a bond. The City is going to retain that bond until those 30 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 improvements are made. The City would not release that bond until all the improvements were constructed. The City would hold back the portion for those three spaces, giving Snug Harbor time to decide if they could develop a plan that would allow for entrance. It is part of the Code requirement in the City's Land Development Regulations. Ms. Snyder commented that would not be a condition of site plan approval, per se. However, she hopes that the staff can look at what I presented. She is not a planner, but she does know there was a contingency plan with 18 on the north side, 11 on the south side, and seven in the middle. So, if a variance can be considered for the height exception, it might be the mechanism that could provide relief on the parking, and then if five years down the road, they need more spaces than the City, can bring it up at that time. Gennaro Lobosco, 650 Snug Harbor Drive, commented that his biggest concern is the potential of aiding Snug Harbor. There are 194 units in Snug Harbor. 100% of the units have a car. Most residents go out once and come back during the typical day, if not many times, which means 400 vehicles a day, go in and out the Snug Harbor driveway. He does not have an objection to three parking spaces on the south side. He has a complaint about where they presently are and where should we put our gate? If we put our gate where the parking spaces are currently located that we should relocate where the parking spaces should be relocated, west of our driveway. Since we are the predominant traffic in and out of Riviera Drive, putting parking spaces closer to Federal Highway would obstruct the view of anybody coming out of Snug Harbor. If three parking spaces are mandated, they need to be east of the entrance we can put in. The current drawing is where we would put our driveway in if we were to do it. Even though we own property further east to where the existing parking spaces are indicated, these are property lines that you see on the right-hand side. If we were to do something in that area, we would be running right into the back of our office in one unit. We cannot put our driveway there because there is a building that does not show on your map. The square thing blocks it out on the bottom on the right-hand side. The plan that he has seen indicates that we need to have the latitude, if we do this, to go either east or west, with the parking spaces, which is safer for 400 plus cars going out of one driveway every day. Mr. Mack stated that typically when you are building a gated entry, you need to have 150 feet from the gate to the right away line. So therefore, for proper stacking, a minimum of 70 feet desirable is 150 feet. Mayor Grant commented that his concern is that Riviera Drive slopes to the north-east, which means that it would be easier to look to the south-west. Mr. Lobosco agreed that if the driveway goes in their current parking spaces, we would be. However, when you are looking to the west, still, you would be looking at parked cars just had to relocate those parking spaces to the left. 31 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 Mary Kelly, 642 Riviera Drive, reviewed a packet that she handed out the Commission. The packet contained pictures that showed what Snug Harbor would like after the 1320 S. Federal Highway project was completed. Linda Wharton, Riviera Drive, noted that she represents the Colonial Center Condominium Association as President. The current developers are offering $2500 to move our existing sign on the revised applicant conditions. Their building will completely obliterate the visibility of our sign that says Colonial Center. On Federal Highway, we paid over $15,000 for that sign over 15 years ago, and they are offering us $2500 to relocate our now invisible sign. She firmly objects to that. There is no way that $2500 would cover that cost, and they are obliterating the only sign that we have on the street. Mayor Grant said there is already a commercial entrance on Riviera Drive. She would consider the back entrance to Colonial Center as a commercial entrance. Our commercial entrance is on Federal Highway. The entrance that comes in off of Riviera Drive is simply for the owners with a parking space in our parking garage. That is not the main entrance. Also, he said that he called Riviera Drive, roadway. It is a residential street. We like the idea that we would have a rooftop bar because we were concerned about the activities that might go into the late hours. They are saying that they would limit that. So, it would not go past seven o'clock. That is great, but we are back to having retail and restaurants again. We already have many empty retail spaces and facilities around our neighborhood that have been open. For instance, the places in now, what used to be Las Ventanas, there is retail that has been open ever since that place opened. Now we are going to have empty retail. There are several restaurants in Las Ventanas. We do not need another one. We feel that if we have a building, you should be able to pack everything in that site plan, or else the site plan needs to be redone because the property being built and considered is way too large for that unit. We have to have the required parking on our street. City Attorney Cherof stated that some comments made earlier about the height will not be on the record because you were not at the microphone. Would you mind repeating those? Mr. Wharton stated that Colonial Center is 30 feet high. I Requested that information from our property manager, and we certify that it is 30 feet high. The one building technically is three stories, but the first story is the parking garage. Which is below the land level, so they two levels that are above. The rest of the property would be considered a first and second level. So, the height of the building is 30 feet. Courtlandt McQuire, 506 Whispering Pines, is the candidate for District three. He spoke on this and the previous meeting and was asked to the Snug Harbor earlier drives meeting to hear their concerns. He would like to mention Is that this is a bedroom community. Many people in Florida do not know that Federal runs very close to the intercostal, particularly in our area. It squashes many bedroom communities into urban environments quickly. It does not make sense. It is an apparent oversight to see a developer include medical and food on a plan. Those do not co-mingle in terms of mixed-use developments. 32 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 He agrees with Snug Harbor and Riviera Drive residents that this is a no. He did not even get into the height variants, and what we did with Riverwalk created a monolithic monster, a pyramid that dwarfs the City. We need to stop it now. The Commission should vote it down. Dr. Hayden- Adeyemo stated that she echoes the sentiments of the speakers before her. There is extreme congestion in that area. She would also say no to this. She stands in support of that community. Also, nearby is our preservation building, which is the Women's Club. Events that have been there have struggled to find parking. We have to go across the street. She thinks this is being out of touch if the Commission votes to go ahead with this item tonight. Captain Jeffrey Offberger, 643 Riviera Drive, Merchant Marine Captain Retired. You know that we used to have sober homes on our street. We had issues on our street. We had problems with people coming in and doing deals. We had ambulances come in for DOAs. We had significant difficulties just with that bit of thing. Not so little. When I had my business, we would bring trailers with boats in and out. Almost impossible to turn around in the cul-de-sac. You have other vehicles in people's trailers, doing landscaping in and out. It is a tight road. We do not want to stop the development. But we think that the building and the previously approved plan are too large in themselves. It would make more sense to go back. He does not want mister Eric to have to go ahead and spend more money, but it should be redesigned so that everything can fit on site. He understands the process; he understands many of these other things. He understands that you think it is okay to put some parking on the street. During his nine years living here almost had accidents on his motorcycle. He has had problems with people hitting the boat. He has already had things sideswipe parked on the street. He wishes that you would reconsider this part of it. Also, the eight provisions need to be considered in perpetuity. Suppose this nice doctor decides to sell his building. We do not want somebody coming in after the fact and being able to put head shop, a CBD shop, a restaurant, or other things that would go ahead and ruin our nice, tight, quiet neighborhood. We now have a wonderful community since everything else that was negative has been removed now. We want the Commission to reconsider this. He understands that Doctor Eriks has got some time considerations for financing. He knows because he has sat on a Commission in New Jersey, I was on counsel. You cannot turn around at the end of the street. With a multi-jointed firetruck, it cannot be done easily. It is at least a six-point turn. That cul-de-sac has already been re-engineered twice to be smaller. So that is a concern also flooding. Nobody has mentioned it, but our street floods consistently with rain. Now, this site is already a percolating site. He understands from Mr. Miller that it is supposed to be able to handle all of its rainfall. He wants to make sure that this provision is made sure that it happens because all of us get flooded out all the time already. Thank you very much for your time. Thomas Turkin, 132 SW 2nd Avenue, thanked the Commissioners leaving for being public servants. You have heard the residents share their concerns over the last couple of weeks. Your decision tonight will affect many lives. He believes that everything is 33 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 negotiable, and there is always a mutual resolution. You have to look at 300 people are asking you guys to deny this. Doctor Eriks is a good man from what I hear from the residents. But sometimes, in business transactions, we can make decisions that may not be the most beneficial. You need to look at this as if you live there, if this was your home, whether Riviera Drive has a commercial entrance or not. He has driven through there, seeing how tight it is. What would you want at the end of your street if this was your home? Maybe this can go back to the drawing table. Tom Ward, 650 Riviera Drive, thanked the Commission for tabling the item at the last meeting. He does not know why this plan is up for development and brought forward when the minimum required parking cannot be contained on site. He understands that you cannot take those spaces and make them only for the site; they become for anybody's use, walking across the street to a restaurant, whatever they want. He is not an expert, but he thinks comparing Boynton Beach Boulevard to Riviera Drive is a bit of a stretch. He does not know the difference between a roadway and a residential street, but Riviera Drive is a residential street, not a roadway. If the road is expanded to 22 feet, it does not matter when you park a seven-foot-wide pickup truck there. It now inhabits that space to a narrow road. He thinks it does need a redesign, and that does put an encumbrance on Doctor Eriks. Why should the neighborhood have to pay the price for a building? Ted Kosan Snug Harbor Drive, Mayor, members of the Commission, you have seen all the evidence against approving this project. Now you have to take a vote. Will you vote for the commercial interests of developers? To destroy the residential aspects of our neighborhood by putting all that parking in where they can shrink the footprint of the building they want to put up. You are destroying the residential feel and look of Boynton Beach. I hope you make the right choice for the people who voted for you. Candy Killian, 642 Riviera Drive, stated that at the last Commission meeting on the 15th, this issue was tabled and the commissioners. The Commission told them to go back and try to rework the parking. It was to go back to have the parking corrected. So, when it came back out on February 25th, the revised plan by Mr. Miller eliminated three parking spaces. Now they renege on the conditions that were already approved. We had eight conditions of approval that the developer had agreed to, and it was going to be medical and other business professional. For us to get rid of three parking spaces, now they come back with retail slash restaurant, food service. You reneged on the restrictive hours from 8 to 7, Monday through Saturday. Nothing on Sunday. These hours will have people on our street at night. We do not want people on our road. Do you want people on your street at night that do not belong on your street? She has lived there for 34 years, and she raised her five children there. She is not objecting to the development, but the site must be self- contained. Those pictures show you what it is going to look like. If you have to park on the north side, you will have to come down that road, turnaround. Everybody can say they will go into the project and turn around. No, they are not. Common sense will tell you that they are going to follow the curve of the road. When you look at the pictures that we gave you, we tried to show you how close you will have five access points on that little road. 34 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 Three hundred eighty-eight trips per day are what that traffic study said. Do you want that on your street? She is asking again to deny this project the way it is presented. The eight conditions that were approved have to stand. The parking has to come off of the road. Susan Oyer, 140 SE 27th Way, stated that she thinks that Mr. Miller has done a great job of giving the City a beautiful project. It is just too big, and it needs to shrink. She is not objecting to the height exemption. The City needs to listen to its residents. The Boynton Beach Boulevard Extension is not a comparable property to look at when we are trying to compare Riviera Drive to the rest of the City. If you are going to build it, you need to be able to park it. If you cannot park it, you need to make it smaller. It is a beautiful project, and she does not think anyone's denying that Mr. Miller has done a fabulous job of reworking and making it better. She thinks the doctor has unique ideas coming forward for the art projects. She believes it is too big. It needs to shrink. There's been no discussion of the number of employees. You seriously have ten off-street parking and ten on-street parking spaces. You are only going to have ten employees in three stories. No, you will have tons of employees. Where the heck are you going to put all these people? Nobody has been addressing that. You will have many employees, and where are you parking them. She thinks the Commission should table it or deny it, tell them to fix it and bring it back. The residents live here the developers do not. At what point are you going to listen to the residents. They put you here so that you would listen to them, and they are repeatedly saying that they do not have a problem with the project. They have a problem with the size of the parking, so please address that. They are looking to make it what was agreed upon, and they are looking to make it the right size for that space, and they are asking you not to spot zone, which is precisely what you are doing. You are not supposed to do that. We all know that. We do not need yet another restaurant. There are plenty of restaurants across the street. These are the residents, and these are the taxpayers. These are high-value homes. You are getting a lot of tax dollars out of these people. You are disrespecting them. Please do the right thing by the residents and stop listening to the people who donated to your campaigns, whether they are past, current, or future. It is time to listen to your residents and do the right thing in your last meeting. Shirley Casa, 650 Snug Harbor Drive, stated that we are here tonight to vote on the height variants, and if we decline the height variants, the project has to go back to the table. Kathleen Henderson, 654 Riviera Drive, stated that she lives on the cul-da-sac on the intercostal, and we have had many problems. She came from a deep-water lot in Boca Raton. Every one of the streets exited onto Federal Highway, and there were businesses on every corner. However, they did not affect our lives because each one had parking. If you know north-east Boca Raton, you will know there are several waterfront streets, and all of them have businesses, restaurants, retail. Nobody hears anything. Nobody sees anything. Parking is self-contained, but this street was tranquil. It is getting worse. She hopes she can stay in Boynton. 35 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 Rick Seymour, 631 Riviera Drive, commented that we had lived as good neighbors with Colonial Office Park for many years because it is a professional business. They shut down on the weekend. Our neighborhood is not burdened at all, and it is an excellent fit for Federal Highway's presence at the beginning of our street. As Ms. Morton mentioned, that access point on the backside of their property is primarily for those tenants that park in the underground parking garage. Their main entrance is off Federal Highway for their guests or customers or whatever the case may be and probably other employees. That in itself lends to what we are asking for here, is that we want a lovely, quiet, professional office complex that allows for it to be shut down on weekends. The exact terms that we agreed to two weeks ago. Those were very important to keep it quiet and make it. Because let's face it, we are working stiffs during the week. We come home on the weekend, and we want peace and quiet. So, it is essential to go back to those restrictions. Get the place shut down at night, shut down on weekends. What is your economics of eliminating some square footage that gets all that space back on the site? Is it going to break the deal? We do not know. The issue is that it is too big for the size in square footage of the parcel, which is causing the parking to be off-site. That parking off-site will be uncontrollable number one as to who uses it how it is being used. The last thing you need to do is burden your police officers with policing some parking. How many people here know how to parallel park? Can you imagine you will have ten of these spots coming out on the Federal Highway and people coming in off of Federal Highway? He does not know if anybody has ever thought about what will happen the first time somebody gets hurt? Where is this Commission going to be then? You may not be here, but it will be on your head. You made a decision, possibly that was not in the safety of your residents. That is what every residence is concerned about is safety and peace of mind. So, Doc, if you can, suck it up, make a little less money. You will get it back in the long term because property values are increasing. Just be a good neighbor. Barbara Burrus, 638 Snug Harbor Drive, inquired if there is anything that would prevent a future building owner from using that rooftop as a bar or a restaurant or anything of that nature? Again, we are trying to fit a square peg into a round hole. She understands that perhaps the dentist purchased this property, thinking that this project had previously been approved. But the fact is that whatever happened in the past expired, and it sounds like he may have a case against the person he purchased the property from if he was sold something that does not exist. But I would have to agree to deny this plan at this point. Mayor Grant stated that he is concerned about the hours of use changing from Monday thru Friday to Monday thru Saturday. Mr. Miller stated in response to Mrs. Oyer's spot zoning, we are not rezoning. The zoning is set. The uses are permitted by right. The discussions and the conditions that we offered. They were voluntary in trying to address many of these concerns from the residents. The fact of the matter is that there could be a different design. There could be another use. It could go back to an IHOP with commercial traffic on it as a site plan application, that if it meets the code, it 36 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 meets the code. We are trying to work with what we can. The parking situation is a tough one. It is one where to have it parking on-site, and all contained on- site, which is a typical situation typical development. However, it is being encouraged in your code, and the staff wants the parking. So, we are in this component of providing that parking, utilize that parking. We have addressed the direction that it was. Commissioner Penserga, who made the motion to try to look at trying to reduce the number of spaces on the Southside of Riviera., He is not throwing staff under the bus, but staff said, if I went to an office retail component, you can use a different rate and reduce it. We presented to you two weeks ago a plan that complied. We are proposing to you another plan tonight. That complies, and we are stuck in the middle of which way you want it? He thinks a lot of what was present was inaccurate. Street or roadway, the technical term, is a local street. A local street has 22 feet of pavement. When you put the parallel spaces onto the side of that, that is a typical pavement width of a local street within the City of Boynton Beach and many other places. It provides adequate space for emergency vehicles and regular vehicles to go through. We need to get to that standard of that roadway. It is a tough decision. It is a local street, this serves residential, and it also serves commercial properties. Colonial Center, whether it is a backway or the main driveway, goes to a commercial property. Our property, we have gone to Department of Transportation (DOT). DOT says no way. You have about 100 feet of frontage on Federal Highway; you are not getting a driveway on Federal Highway. Our access is Riviera. It has historically been a commercial parcel. Honestly, two weeks ago, he felt we had a very compromise situation and a proposal that we were asked to go back and relook at it and some regards it and kicked again for our, for doing that. Mayor Grant inquired about the difference in the conditions of approval. Initially, it was operating business for all uses within the building. Then it changed the operating business hours for office uses. Mr. Miller replied we did change it because of the retail component. We do not know who those retailers will be in further restricts. The future tenant mix, when it is a retail situation. Mayor Grant commented that the issue then becomes is that it could be 2:30 If there is no condition of approval, because what if it is a restaurant? He agrees with the residents they want it to be a daytime facility similar to I-hop, where they are not open 24 hours. Mr. Miller stated he was not sure if the code had a restriction on the hours. Mayor Grant asked if the applicant willing to go with the first condition? That it is 8 a.m. to 7 p.m. Mr. Miller replied the change was made for office use. However, for the ground level of retail, it is hard to judge what those will be. 37 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 Mayor Grant believes that the community wants to time certain as part of the conditions of approval. We need that answer today. What is the time specified that the business, all businesses will stop operating? Mr. Bradley replied at nine o'clock. Mayor Grant inquired about the Colonial Center sign, the developer would pay the cost to move, and now it is paying the fee of $2500. Mr. Miller commented that $15,000 for that sign initially seemed astonishingly high. We did change that, and I recognized that we changed those two conditions once I sat down. Just because it was so open-ended, we decided to put a number to it. We were on the spot and negotiated for hours on dollar amounts. Quite frankly, we would not have to do anything. Mayor Grant requested that the $2500 be changed to $5000 for the sign. He feels that that is fair than the same as the Riviera that does not have the sign. Mayor Grant feels that a commercial office building to benefit the City is definitely a positive, and I think all the residents agree with that. Their main concern is that the design approved in 2018 is a different timeline than what it is now. The costs associated with shrinking the building is probably six figures or more, which is there is a reason why it was vacant for so long. He is okay with having the parallel parking because it is technically on the applicant's property. It is just not on Snug Harbor's right of way. Because of the three parking spaces, your client said that he is amenable to the bond option if needed or can be in conjunction with Snug Harbor moving their entrance to allow for a gate. So those are the four different conditions that he has. The 4000 square feet lot is at the corner of Federal and Woolbright nobody wants to take the chance to develop that. As we saw with other restaurants, anytime you operate a business, there is a chance of failure. He understands the residents' concern that there is a fear of the unknown. Even if we approve the site plan, it does not mean that the building will get built. Now that he has approval, how much is it going to cost? What is he going to risk? Because it is, most of the time, developers need to put up their own money because it is for developers. Not just the value of the land. He thanked Doctor Eriks for taking the opportunity and taking risks to open up a business in Boynton Beach and be a part of the community. We understand that it is negotiation and compromise. On behalf of the residents, we have a time-specific close of businesses, and we have money available for the signs. Snug Harbor has the ability within the five years to get their entranceway, which has been on the topic for more than five years, is what I was in forums. Vice Mayor Hay stated that this project does meet the code. However, he does not understand why the staff wants parallel parking. He would like for them to address that. Most importantly, why could we make not only a height variance 38 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 but also a spaces variance. Mike Rumpf, Planning Zoning Administrator, height exception is that it is not a variance, per se. The code differentiates between those two processes with different types of criteria. It is not a variance are very. When you use the variance term, it is based upon traditional hardship criteria. Something unique to the property prevents a given project from being reviewed equally as if it were somewhere else. It is a factor, somebody created by design, besides it, as we have talked about, getting to the parking idea. This project was reviewed against our parking regulations, based on square footage and some reduction criteria. The project has already been reduced based on the requirements we have in the code now. The code indicated before does allow extended street parking. To grant a variance to eliminate parking from the street, based upon our current ratios. If we believe the ratios are wrong, we should be looking at them, but these are citywide. Some of those reduction provisions are in place, particularly within the redevelopment area. Mr. Rumpf stated that it would not pass the variance test under traditional criteria. However, it may undoubtedly be spaces that the project needs to be based upon our ratios and our analysis. Vice Mayor Hay commented that maybe we need to go back and look at that ratio and deal with this because it is current. Mayor Grant stated that the height exception is not a variance. It is allowed in the code. He understands the concern for parallel parking because, as the residents expressed, there are more accidents if there are more cars. The effect of it versus the economic benefit for the City because it is not just one neighborhood that we consider. We have to look at the whole aspect of the City, and the one number that I learned throughout the years is that every $100,000 job the City has supports six different employees in that City. We are trying to make sure that we are that fully functioning City. Parallel parking is not required as a condition of approval. Mr. Miller added to what Mike said, the reduction that the provisions of the code that have been applied here to reduce the parking, specifically say you can't use multiple ways to facilitate parking. So, it is either one or the other either reducing it through the code as it is outlined now, which is what we have done versus going through a variance process, which is, there are seven criteria. He has dealt with the City Attorney for many years, knowing his opinion. It is difficult to get a variance approved when you have, in this case, an undeveloped piece of land. At the same time, the parking reduction that we have applied, which is allowed by code, is the better way to go. So, doing both, I do not think your code allows it is either one or the other. If I am wrong, please correct me. 39 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 Commissioner Romulus stated that she had heard the concerns of the residents. She is prepared to vote if the other members of the Commission are ready to proceed. Motion Vice Mayor Hay moved to approve Height Exception (HTEX 22-001). Commissioner Penserga seconded the motion. Motion passed three to two. Motion Commissioner Katz moved to approve Master Plan Modification (MPMD 22- 004). Vice Mayor Hay seconded the motion. Motion passed three to two. Mr. Miller stated that they agree with the modifications to our proposed conditions. It is changing the amount for the Colonial Center sign. I would defer to staff the requirement for the bonding because improvements within the roadway itself are required to be bonded. Commissioner Katz stated that due to the recommendation of the board to ask staff to review the parking scenarios, the plan before us is subject to tonight's conditions because the previous conditions were the previous plan, which included all the parking that was permissible on the roadway. Mr. Miller stated that is correct. The conditions were adjusted to adapt to this new plan based on the office-retail complex. So, they would need to tie in with the conditions. Motion Commissioner Katz moved to approve the New Major Site Plan (NWSP 22-002) with conditions of approval Vice Mayor Hay seconded the motion. Motion passed three to two. Mayor Grant recessed he meeting at 10:54 p.m. Mayor Grant reconvened the meeting at 11:0 p.m. City Attorney Cherof asked those who are planning on speaking on this item to please stand and affirm the testimony you are about to give will be the truth, the whole truth and nothing but the truth. Bonnie Miskel, on behalf of the Petitioner and the property owners, gave a presentation on the project. The legacy project was approved a few years back; it was for the same height and density. There is an invalid site plan for the same amount of development on this site. But we wish to make the following modifications. So, the request is a major 40 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 masterplan modification and master site plan modification; to allow improvements by modifying the unit mix for the development's residential component. By increasing the commercial component of the development to 13,110 square feet, there was interest in having more commercial space during the prior approval. This plan does provide that. This proposal increases usable open space by more than 38%, going from the minimum in the old plan of 2% to over 40% on this plan, which is unique for an urban multi-family mixed-use project. We have reconfigured the site plan to insulate the parking garage. We also ensure that no viewsheds to the garage from the adjacent roadways are present. In the old plan, relief was previously sought from Part Three, Chapter Four, Article Three, Section Six to provide alternative design elements and facade treatments to shield in 78.5 feet. That portion of the parking garage facade is not rafted by habitable floor area, and that portion runs along SE First Avenue. Watermain upgrades will be done on US 1 from Ocean Avenue to Second Avenue. Watermain upgrades on Second Avenue, from US 1 East to Sixth Street, water main upgrades on Sixth Street from Second Avenue to Ocean Avenue, water main upgrades on First Avenue between US 1 and Sixth Street. Then we can get into some sanitary sewer upgrades, sanitary sewer aligning, improvements, existing eight-inch mains from utility holes adjacent to the site, East Sixth Street, and existing 24-inch pipe along Sixth Street. And then we also can add to those stormwater improvements along US. one and Second Avenue to serve the new, expansive sidewalks, pedestrian zones. The relief we are asking is for the parking structure portion. The initial plan had the garage section at the end of SE First Avenue so that everyone driving westbound on SE First Avenue would see the garage structure. This area is tucked away on the north side with very little exposure to any other right of way. So, it is hidden, and that was one of what we believe to be a benefit related to the relief we are requesting. Mayor Grant inquired if there would be an entrance on SE Second Avenue. Ms. Miskel replied that the entrance is still there with another entrance on SE First. Mayor Grant asked if there was a driveway from Ocean Avenue to SE First. Ms. Miskel stated that the roadway connection from Ocean is further east and continues onto Second. Ms. Oyer commented that this is a tremendous improvement from the previous site plan. She disagrees with the height because this is eight stories across the street from one- story, single-family homes and a handful of two-story privately-owned apartment buildings on this street. She thinks that it is not compatible in any way, shape, or form to get from one end two stories to eight. Her other objection is that this is putting more apartments in a grossly oversaturated city and not enough offices. She would not argue if there were offices and businesses here because we need those. It is less intensive use upon the City infrastructure. Owning a single-family home in this City, you have water restrictions. The apartments buildings do not. So, the single-family homes in this City are taking the brunt of the water supply problem. That is an issue because, in these 41 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 apartments, people will be using washers or washing machines, dishwashers, showers. They are going to be using them constantly because they live there. That is a lot of water usage in a city that does not have water. She knows that because you restrict my watering days as a single-family homeowner. All the local neighborhoods have this restriction, and we are unhappy about it. Another issue, of course, is the sewer problem. She finally got inspired to post the video I have of the sewage bubbling up from under 500 Ocean on Facebook during the Planning and Development meeting. No one believes that there is sewage bubbling up. Just like they do not think their sewage is bubbling up in Chapel Hill. The City infrastructure cannot handle that even with the watermain upgrades. We are putting more apartments in the City that we do not need. We need businesses; we need jobs. We do not need more apartments. If these were condos, she would reconsider because we desperately need more owner-occupied. Mayor Grant inquired about the City's water restrictions. Assistant City Manager Mack commented that the South Florida Water Management water restrictions are for landscaping only. In addition, there are restrictions in the Building Code when you are building new, but the City does not implement them. Ms. Oyer stated that she received something in the water bill saying she is no longer allowed to water anytime she wants in her yard. Assistant City Manager Mack replied that she was correct. It is a restriction from South Florida Water Management. Ms. Oyer commented that apartments do not have to follow the restriction, but a single- family home-owner has to follow the restriction. Mayor Grant stated that there is no water use restrictions inside the home. Vanessa Belmonte, Marina Village, commented that we are all aware of what is happening in Florida. Now more than ever, people are flocking to our beautiful backyard. People are coming to buy in because it is affordable. Now we are making the City affordable and overcrowded. The City should not turn into Del Ray. Our residents do not want tourists in Starbucks. We want local culture and community. She is all about growth. I am all about prosperity and forward movement. Yet, the development in our City is being built on greed and financial irresponsibility. Enough so that almost every city commissioner running this election, except for Thomas Turkin, is financially backed by a developer. That is enough to tell you that this building we are in now lacks integrity and dwindling morals, and our town is suffering the consequences. It is obvious that after this meeting, you are pimping out every lot and land to the highest bidder. She has four points that she wants to address regarding Broadstone and the other development that is happening in our City. Number one, small and local businesses. You guys sit here and claim that you will do commercial spaces and have all these great opportunities for retail and local businesses. No one can afford them. Look at the corner of Woolbright and 42 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 Federal half those places are unoccupied because the rents are too high. She has a consulting agency for small businesses. Everyone is moving home. They cannot afford the rent in Boca, Delray, Boynton Lake Worth. No one can afford it anymore. So maybe we should make them have caps or regulations on the rent. They are charging our local business owners. Are you running any reports on traffic before these buildings go up? I overlook Ocean Avenue every day she sees that Federal Highway is blocked from when the bridge is up. So, when the Ocean Avenue Bridge is up, there is traffic going through Federal Highway. All those cars are blocking Federal Highway and causing mass disruptions. What do you think that is going to do with 237 additional units? Not Including the two other buildings you want to put right on Federal between Ocean Avenue and Boynton Beach Boulevard. Also, regarding traffic and infrastructure, the pathway at the end of Boynton Beach Boulevard. There is a little walkaway where you can walk and see the intercostal. That is closed down because it is sinking. That is what the Army Corps of Engineers is telling people. No one is doing anything about it. So, you guys are sitting here and pushing things like all this but not addressing the main issues. She encourages growth and forward movement, but there is a right way to do this, not at the expense of residents and our local business owners. Just sticking up a bunch of high-rises, stuffing your pockets, and saying you will allocate some of this to lower-income families. It is not cutting it. It is unsustainable, and it is not going to be tolerated. We are watching. We are listening, and we are organizing. We will not let you run over our homes. What are you contributing to the local infrastructure? Is there any discernment when you guys pimp lots and all these empty spaces? How many apartments and vacant retail spaces could you have to see to realize we do not need anymore? Let's put together programs to fill those with local businesses or people who cannot afford to rent right now. Please block high-rises over eight stories, implement controlled or cap rent prices for residents and businesses. Make it mandatory for every developer building over 2000 square feet to be required to contribute to parks and school systems. It is mandatory. That should be happening. It would be best to make it mandatory that infrastructure and traffic surveys be approved and made available to the public before making any decision or approval on new properties. Also, there should be a pedestrian walkway connecting Marina Plaza to the Broadstone Ocean Avenue Plaza. Mayor Grant commented that there is $160,000 that has been required of the developers for parks and recreation. He asked City Manager LaVerriere to look into raising that rate. City Manager LaVerriere commented that raising the fee is done by ordinance it is something the Commission is able to change. Mayor Grant inquired about the walkway that is collapsing at the end of Boynton Beach Boulevard. Assistant City Manager Mack replied that the circle at the end of Boynton Beach Boulevard has some subsiding happening between the Mangroves and the cull-da-sac. There was also an accident where a car went through the area, causing the area to be closed. The Boynton Beach extension project that is currently under design will include 43 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 repairing the damage. City Manager LaVerriere noted that the Boynton Beach extension project is funded and actively underway, so it will not take five years to complete it. F. Approve request for Major Master Plan Modification (MPMD 22-002) for Broadstone Boynton Beach to amend the previously approved master plan with the proposed revisions to the concurrent Major Site Plan Modification Application, located at the northeast corner of SE 2nd Avenue and Federal Highway, extending north to one block south of Ocean Avenue and Federal Highway, extending south to SE 2nd Avenue and east to approximately SE 6th Street, in the Mixed-Use Core (MU-C) zoning district. Applicant: Steven Scaggs, DSS Properties L.C. Motion: Vice Mayor Hay moved to approve the Major Mater Plan Modification (MPMD 22-002). Commissioner Penserga seconded the motion. The motion passed unanimously. Approve request for Major Site Plan Modification (MSPM 22-001) to amend the previously approved site plan with the proposed changes contained herein for the Broadstone Boynton Beach project to allow construction of a mixed-use development consisting of an eight (8)- storybuilding with 274 dwelling units, 13,110 square feet of commercial space, associated recreationalamenities, and parking on a 2.76-acre site within the CRA Downtown District. Applicant: StevenScaggs, DSS Properties L.C. Motion: Vice Mayor Hay moved to approve Major Site Plan Modification (MSPM 22-001). Commissioner Penserga seconded the motion. The motion passed unanimously. G. Approve request for a Community Design Appeal (CDPA 22-001) of Chapter 4, Article Ill, Section 6.F.2.d "Integrated Garages", requiring habitable floor area to wrap all upper levels of the parking structure where the structure has street frontage, in order to disguise the garage's facadeand maximize design compatibility of the Broadstone Boynton Beach project proposed for 212 S.Federal Highway. Applicant: Steven Scaggs, DSS Properties L.C. Motion: Commissioner Penserga moved to approve request for a Community Design Appeal (CDPA 22-001). Vice Mayor Hay seconded the motion. The motion passed 44 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 unanimously. 9. City Manager's Report A. Hear a presentation on the Phase I - Economic Competitive Assessment prepared by Dr. Ned Murray, AICP, Associate Director, Jorge M. Perez Metropolitan Center, Florida International University. Dr. Ned Murray, Associate Director, Jorge M. Perez Metropolitan Center gave a presentation on Phase 1 — Economic Competitive Assessment. Commissioner Katz inquired about an updated status on the mall and the property owners moving forward with their plan. David Scott, Director of Economic Development Strategy, recently heard from the mall. Washington Prime owns them. They now have new leadership. The new administration is being brought up to speed and the City's strategy. They will be sitting down to discuss what the City would like to see at the mall more in-depth. We support mixed-use development. 10. Unfinished Business A. Review procedures for naming a City building (Fire Station 1) following recommendation from the Historic Resources Preservation Board. City Manager LaVerriere stated that the backup attached to the item, she believes that the Historic Resources Preservation Board noted that they do not feel this is under their purview and did not make a recommendation. City Attorney Cherof read the provision of the Code regarding the naming or renaming of a facility. Mayor Grant asked if anyone in the audience was interested in being on an advisory board to review the renaming of Fire Station 1 on behalf of Natasha Clemons. Commissioner Penserga inquired if there was clarification on who the members would be or is it anyone that we pick. City Attorney Cherof replied that the Code does not provide requirements for that group of people. Commissioner Katz stated that the members of the board should be residents of the City since they will be renaming a City building. He understands that it is not a requirement yet he does feel you need to live in the City. Motion: 45 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 Vice Mayor Hay agreed with Commissioner Katz's request that the board members do live in the city. Vice Mayor Hay moved to approve creating an advisory committee of five individuals Ricky Petty, Pernell Davis, David Katz, Gloria Goolsby and Stanley Davis. To meet in the Sunshine and recommend the renaming of Fire Station 1. Commissioner Katz seconded the motion. The motion passed unanimously. 11. New Business - None 12. Legal A. Presentation of redistricting alternatives by Florida Atlantic University (FAU) and establishment of boundaries for inclusion in Ordinance. El James Clark, Senior Instructor, Department of Geosciences at Florida Atlantic University, gave a presentation on redistricting alternatives and establishment of boundaries for inclusion in Ordinance. Mayor Grant inquired about the deviation in 2010. Based on our conversation, he is in favor, of rather than trying to get the deviation as low as possible, keeping the district the same for the next 10 years versus trying to re-arrange it more. Mr. Clark replied that the when they went through this effort 10 years ago, we required significantly more change than we did at this particular case. He knows at the end of the process; the deviation was very low. The deviation for 2010 was 11.1%. Commissioner Katz stated that he agrees with the Mayor's previous statements about the minimalist approach. Only impacting 3000 residents versus 13,000 residents is paramount as the least number of shifts physically as well as population-wise. In reviewing all four options, he supports option one. Vice Mayor Hay stated that option one seems to accomplish all over the thing that you and I talked about he sees no problem with this one. He does have concerns about options three and four. Option two is borderline, but he is leaning towards option one now at this point. Commissioner Penserga commented likewise. Commissioner Romelus stated that she would like to open it up for public comment before moving forward. She wants to hear from her constituents regarding the shift that would occur and if they are okay with it. What would happen if we choose not to do part of these things? 46 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 Mr. Clark replied that the City Charter describes the idea to strive towards one person, one vote. It is a question of fairness for the voters. If you have a City district that has twice the population of another district, it means that its residents have half the influence over their representative. It is a question of fairness. That is why you find legal cases that are very adamant about getting the population deviation to be as low as it possibly can be. Ronald R. Schultz, Department of Geosciences at Florida Atlantic University, stated that reasonable population equality is the number one reason why people get upset about districts, and the number one reason Legislative organizations can get themselves in a little hot water. Population equality is the number one criterion: spatial compactness, contiguity are important issues, and they should guide your decision-making when deciding on which configuration you wish to go with. To answer the question that was asked previously by the Mayor. Alternative B, which is the one that you are currently living under, those districts resulted in a drop from 11.1% deviation to 1.4%. The previous Commission took a major step towards population equality. Mr. Clark stated he believes Commissioner Romelus is asking what would happen if we stick with the existing districts. Commissioner Romelus clarified her question. She is leaning towards option one. But the issue that she is having is with the shift of the 405. Can we make that choice of not electing that shift and keeping the 405 within District two and living with a slight deviation of the population equity? Would that be allowed? Mr. Clark replied that there are a couple of issues. One if we just deal with the existing districts that are not something as consultants we could support because it is beyond the 10% threshold that we discussed at that 16.9% mark. What you are describing is creating another alternative. I believe we might call it option 1 B, where you did not make that shift. What you will be describing in there is a sacrifice in some population equity, without running the numbers. I would not be to tell you exactly what that number was, if the Commission wants to give us direction to examine that, we certainly could. Commissioner Romelus inquired if we do all of option one minus the shift of District three to District two which is the 405 would it be that significant of a population deviation? Mr. Clark stated that we have some margin for error under option one, where we could expect more population deviation. Without running the numbers, he does not want to promise definitively. Mayor Grant commented that it is the condo association of Casa Costa that is being affected within District one. It creates a bright line for Boynton Beach Boulevard divides District two and District Three, making it easier for people to understand. He does not understand the issue of equality where District Two is currently overrepresented that way we would have equality because District three is underrepresented. He wants to make 47 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 sure that the people of District three are equally represented. Mr. Clark stated that District four was underpopulated and District three overpopulated. Mr. Shultz commented that District three is overpopulated in terms of numbers. Mayor Grant asked if you are overpopulated then you are underrepresented Correct? District Four is overrepresented and underpopulated. District two is almost equal with a slightly lower population and over-representation. With option one giving, more to District four. Option three gives some to District Two then we are within the scope of a 10% deviation with a minimalist approach. Commissioner Romelus stated she would like to hear from members of the public regarding this item. But she leaning towards option one minus the shift from District Three to District Two, which would only impact that 405 number. I think that is a small number. Vice Mayor Hay noted one of the major objectives in redistricting was to use major arteries like Ocean Avenue, Congress, and Minor Road. The rationale that he sees here is, this is a straight line, Ocean Avenue straight across. Just keep the line straight like we have the rest of the City on major arteries. Let Boynton Beach Boulevard let it stay major artery just like we have it, for District Three and District Two. Name not given, stated that he does know how you can change the numbers. When 20% of people live here illegally, your numbers do not matter. I could show you 30 people in my neighbor's house. Is that on your deviation chart? Mayor Grant stated that this is the information we got from the Federal Government. Name not given stated he thinks the City hides information from the Federal Government. Mayor Grant replied we did not give them the information people in the City did. Dr. Stephanie Hayden-Adeyemo, 2181 Southwest 15th Avenue N102, stated that she is appalled and shocked at the cavalierness of this topic and the presenter. The City is segregated, you can see that. We all know people do not answer the census. In 2019, the City population was about 79,000, so we have added one thousand individuals over the past couple of years from the last census. We all know that this information that is has been presented is skewed. For us to make a drastic decision with reshaping the City as it is. We have people speaking about who they represent, such as Renaissance Commons. That area has a large population of individuals and people cavalierly picking where they want to go, redrawing the lines, the City for population taking over landmass to, enfold into what we will call 1, 2, 3, or four, etcetera. It just sounds like hogwash to her. This study does not accurately reflect our City, and she would be amiss if anyone goes forward with this at the recommendation of Florida Atlantic University. FAU should not have chosen to do this. They are so adamant about what is in District Two. As in the population, he said it like 50,000 times, Blacks, African Americans, it is inappropriate. 48 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 Ernest Mignoli, 710 Northeast 7th Street Unit 407 Boynton Beach, I moved in permanently as a voter in 2020. He started to study the City police, the firemen, politics, government, and services. He has been sending complaints to the Palm Beach County elections about the City and how corrupt the election is. How much this City needs after six years of this. Remember if you elect any mayor other than the people that are on this dais, a mayor in a mayor weak City is only one vote. Do not say I do not want that person to be Mayor because they have so much power in this City. The mayor has one vote out of five votes. Anybody running for mayor, except Mr. Penserga, can help the City a lot because City Attorney Cherof reminded Mr. Mignoli that the subject matter is redistricting. Mr. Mignoli commented that he is talking about an area and how you are always corrupting it. The good thing is if you can get a new mayor other than Penserga you will get rid of the City Attorney. Mayor Grant instructed Mr. Mignoli to speak into the microphone. Mr. Mignoli you are not speaking to them, you are supposed to be speaking to me. Mr. Mignoli replied that he does not want to look at him. Now you are telling me where have to look. Are you going to tell me who has to vote? Mayor Grant repeated you have to speak into the microphone. Mr. Mignoli commented what this dais doing to this election it is not fair. For you to talk about on the last night about redistricting with a Florida University team that is dealing with old information. He said he does not want to say BS, but this whole presentation is BS. Mayor Grant thanked Mr. Mignoli and informed him that his time was up. Gloria Goldstein, 327 Boynton Beach Circle, stated that she was a little offended. By the fact that this gentleman circled District Two as being the Black African American Community. She was also offended by the fact that he did not explain why he did that. It made her feel very uncomfortable. It made her feel sad. She does understand why the Commissioners did not question that. She does not get upset often about things like this, but this upset her and it disturbs her. Then the other question is if they did the same thing 10 years ago, why were they chosen to do it this time? Do you not have a process where you allow agencies to be chosen just as you did with the funding that is going on right now? she would like him to give us an explanation. Mayor Grant stated that the City issued an RFP last year. He believes that three different universities responded to the RFP. FAU provided the City with the best presentation of representation. He understands that she is upset regarding District Two being considered an African American district. Yet that is what is going on in the Country. Recently Palm 49 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 Beach County created a Hispanic District. The theory is that by creating minority-majority districts you are giving people who historically have been underrepresented more ability to be represented in the government. The City is still dealing with the after-effects of segregation. He believes that in the nineties a north-south approach was used for districting. Then two decades later districting approach was done by the north-east, north- west, south-west south-east, versus just going 1, 2, 3, 4 down. We are not blaming FAU for the information from the Federal Government. We understand that the information that we have is the most accurate. Even though people are saying it is not accurate. We have no other data to use except for the census. There is a caveat in the end on pages 29 and 30. The appendix gives detail on the census that was taken during the pandemic. We are tasked with making the best recommendation that we can to be under a 10% deviation. The majority of the Commission has selected what they feel is the limit, the best thing for a minimalist approach. We do not know how the City will change in 10 years. We expect the deviation to go over 10% by 2030. Commissioner Katz clarified that the City is following state law and the City Charter. We have not made any subjective individual decisions about the Census, the counting, and the tabulation of people. We are following the law, correct? City Attorney Cherof stated that is correct. You are following the provisions of the Charter and State and Federal Law. Mr. Clark stated that if anybody was inadvertently offended, we apologize. However, he would like to emphasize exactly why we highlighted that. When discussing redistricting parameters, we mentioned that it is against the law for us to, according to the 1965 Voting Rights Act. It is against the law to artificially reduce or dilute any minority population. That is why we highlight District Two again and again. Again, we were highlighting the fact that we were not artificially diluting that population, that in all four of the alternatives, the percentage of the African American or black people, as designated by the Census, went from 55.5% to one 10th of 1% lower under one alternative to as much as 1.25% low under another option. We strove very hard not to dilute that population. It is against the law for us to do. So that is why we are highlighting it. Mr. Shultz commented that he has been doing redistricting for over 40 years. He has worked with obviously different decennial Census over those 40 to 50 years, and the Census is the data. If somebody else wants to spend the money that the Census spends to acquire the data, it certainly would be considered. But the Census uses our dollars, are federal dollars, to make the best possible count of US citizens. It does not matter whether you are one day old or 100 years old. Whether you are a citizen or not a citizen, whether you are a legal or an illegal resident, all people are counted, and all community residents are counted. The Census prides itself and makes a lot of effort to make sure it gets quote 100% count. Of course, there are always errors, just like anything else in life. Being perfect is difficult. He does not claim the Census is perfect by any means. It may have missed an individual here or a family here or there. But, they spend a lot of time and a lot of work to develop a reasonable population tally for this Country, for the United States of 50 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 America. Challenging the Census, you can do that, but it is not going to get you too far unless you have an alternative. Pernell Davis inquired if the people in the breakdown are people who can vote and does not include people who cannot vote. Mayor Grant responded the breakdown is based on people and not on registered voters. Mr. Davis inquired again about the 20,000 people and that number is based only on registered voters. Mayor Grant replied no, the number is based on all people not just registered voters. District 3 is underrepresented based on the total population not registered voters. Sheila Gaines stated she was looking at the statistics on the screen. To even understand this, you would have to have at least three years of a college education. We are talking about standard deviation, correct? She heard the lovely young man behind her. That is so lovely condescending and let us know that the Census is important. When you are looking at this and listening to him, the Census is important for us to have the correct information to create these reports that are factual, right. She thinks that this is a big learning lesson for us; Boynton Beach is that the Census is important. When we are presented with these things, it is okay to ask questions. Make sure that your audience understands what you are saying to them. Then maybe we would not have all this pushback because we would understand what is happening with this report, and you are not talking over her head. Mayor Grant stated that he appreciated her input. We will ask our Clerk to notify the next administration, so to speak, in 10 years that a workshop is a more appropriate approach to get the community's input for the redistricting, not just the City Commission. Motion: Commissioner Katz moved to approve option one. Commissioner Penserga seconded the motion. The motion passed unanimously. B. Proposed Resolution No. R22-041 - Approve and authorize the Mayor and City Manager to sign the Interlocal Agreement Governing Use of Palm Beach County Regional Opioid Settlement Funds. Motion: Commissioner Penserga moved to approve Proposed Resolution NO. R22-041. Vice Mayor Hay seconded the motion. The motion passed unanimously. 13. Future Agenda Items 51 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 A. School Board Member Erica Whitfield to present the 2021-2022 School Year State of Education Report to the City Commission. - March 15, 2022 B. Florida Senator Lori Berman to provide a recap of the 2022 Legislative Session. - March 15, 2022 C. Development staff will provide the City Commission an update on the SagesGov E-Permitting project implementation. - March 15, 2022 D. Announce awards received for Town Square facilities - March 15, 2022 E. Consider Draft Ordinance Creating a Citizen's Engagement Committee - March 15, 2022 F. Discuss disposition of vacant 3.62 acre parcel adjacent to Leisurevillle and west of SW 8thAvenue -TBD G. Proposed Ordinance No. 21-025 First Reading. Approve Development Agreement Ordinance. (Tabled from the September 21, 2021 City Commission Meeting.) - TBD H. Discuss Building Safety Inspection Program - (Pending outcome of 2022 legislative session) I. Discuss the next steps for implementation of City Ordinance No. 21- 012 prohibiting the use and distribution of polystyrene foam ("Styrofoam") food ware, unencapsulated polystyrene foam products, balloons, and confetti on City property. - TBD J. Possible Land Swap with St. Mark's Catholic Church - TBD Mayor Grant requested that a discussion on the naming the Demonstration Garden Park on behalf of"SJ" Davis III and road traffic victims be added to Future Agenda. Ms. Davis inquired about the naming of the park and if it will be on the next agenda. Mayor Grant explained the process of the item being added to the agenda. It will be on the March 15th agenda as a Future Agenda Item. City Manager LaVerriere commented that she will have staff pull the information on the park and have it available. Mayor Grant noted that if it is not on the March 15th meeting it will be on the first meeting in April. He also asked the City review the Parks and Recreation fee and confirm it is in 52 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 line with other cities. Adjournment There being no further business to discuss, the meeting was adjourned at 1:54 a.m. ATTEST: 1Al/A/fAe. Cr,/tal Gibson, MC City Clerk 53 Swanson, Lynn From: Tom Ward <tomhward58@gmail.com> Sent: Friday, February 25, 2022 7:48 PM To: Candy Killian Cc: Bradley Miller; Linda Morton;j.hoffberger@icloud.com; Mary Killian; crico12666 @yahoo.com; Kim Beaumont; gwolfden52@gmail.com; etitusk@aol.com; dreriksdmd@gmail.com; Radigan, Amanda; Bencosme, Luis; Rumpf, Michael; careyjean13@aol.com; Romelus, Christina; Penserga, Ty; Hay, Woodrow L.; Katz, Justin; Grant, Steven; court@redbarad.com; saradon48@gmail.com; LaVerriere, Lori; Cherof, Jim; Shirley Cassa Subject: Re: 1320 S. Federal Highway I Project Update Attachments: image003 jpg;ATT00001.htm; image004jpg;ATT00002.htm; 2022-02-22 Site Plan.pdf; ATT00003.htm; 2022-02-22 Neighborhood Revisions H.pdf; ATT00004.htm; 2022-03-01 Conditions.pdf;ATT00005.htm; Sec. 3 Special Reduction in Required Parking.pdf; ATT00006.htm Spot on Candy !! Cara and I are equally disappointed Bradly with the maneuvering. As previously mentioned,getting into litigation is not our goal but it looks like that will move to the game plan . Very unfortunate when we all agreed we were close to agreement. Bradley, save us from more code speak and the roller coaster emails . We will have the appropriate expert reply for commission review after we the neighbors caucus . Bradley,your lack of adherence on the legitimate request of the combined neighborhoods is not serving your client,Dr Erik's, or a credit to the good reputation you have earned in the Palm Beach communities.Very surprised you are challenged to provide the appropriate plan to move forward . Regards Tom &Cara Ward Tom Ward tomhward58@gmail.com Please excuse typos sent from my iPhone On Feb 25, 2022, at 4:13 PM, Candy Killian<killian7k2@bellsouth.net>wrote: Bradley" Thank you for your work on this project. In reading this it appears that in order to eliminate only 3 parallel parking spaces on Riviera Drive that the uses of the site will be changed from medical/other business to office and retail allowing a restaurant/deli/food service which in turn would then omit the previously agreed upon 8 Conditions of approval by changing the uses AND removing the stipulation of hours of operation from 8-7 Monday through Saturday. This is unacceptable. The conditions were discussed and agreed upon and the on street parking was the ONLY issue to be addressed. Now we find ourselves in what I believe is an even worse situation in that a deli/restaurant/food service will attract a lot more traffic, pedestrian and vehicular. There will be more opportunity for people to hang out outside the site, or even have seating outside. Additionally, I believe that a dumpster may be required if you have food service on site, and we had agreed on no dumpsters. Additionally, there is a KWIK STOP located at 1305 S. Federal Highway, directly across the street from the proposed project AND a Dunkin Donuts AND a BP Gas Station which also has food service. Also across the street in One Boynton is Baciami Italian Restaurant, Tsunami subs, Tokyo Ramen, Souvlaki and Sweetwater, So, WHY, another food service venue???? This alternative is unacceptable and puts us in a more precarious position than where we were before. It utterly gals me that a building would be designed that is too large for the lot in the first place. From Day 1, the building size required more parking than the site could contain. Has anyone questioned this??? Why that was allowed from the beginning is baffling. There is not one residential street east of Federal Highway in the City of Boynton Beach that has parallel parking. We are not West Palm Beach, we are Boynton and we love the character and charm of our city. As a side note, you might argue that the IHOP was there for years....Andy Patel, the owner of the IHOP was our neighbor and an owner on Riviera Drive. He had a vested interest in making sure our street was safe and the site was self-contained and clean. I'm not sure if coming up with a worse alternative was intentional to force the issue of the original plan to be the lesser of 2 evils. For the owners/residents of Riviera Drive, the price we will pay for gaining the elimination of 3 parallel parking spaces will cost us greatly for the rest of our years on this street by having retail/restaurant/food service to achieve that concession while the traffic and parking concerns at the crux of this issue have been left unaddressed. Parallel parking will be a danger to residents and patrons of 1320. Eliminate the on-street parking and maintain the 8 conditions of approval agreed upon to include: Medical/Dental Office and Business/Professional Office with hours of Monday to Saturday from 8-7 must remain as agreed. 2 I ask the Commission to deny this plan as presented. The parking issue was not resolved as instructed by Commissioner Penserga. Candy Killian 642 Riviera Drive Boynton Beach, FL 33435 Killian7k2@bellsouth.net 561-704-3868 From: Bradley Miller<bmiller@udsflorida.com> Sent:Thursday, February 24, 2022 12:24 PM To: Linda Morton <llmorton@bellsouth.net>;j.hoffberger@icloud.com; killian7k2@bellsouth.net; mary.killian@cbrealty.com; crico12666@yahoo.com; tomhward58@gmail.com; kbeaumont@tgbk.com; gwolfden52@gmail.com; etitusk@aol.com; careyjean13@aol.com Cc:Ty Eriks DMD (dreriksdmd@gmail.com) <dreriksdmd@gmail.com>; Radigan,Amanda <radigana@bbfl.us>; Bencosme, Luis<bencosmel@bbfl.us>; Michael Rumpf-CITY OF BOYNTON BEACH (RumpfM@bbfl.us)<RumpfM@bbfl.us> Subject: 1320 S. Federal Highway I Project Update Neighbors - we have been working with City staff on ways to further address the comments and concerns raised at our prior meetings and most recently at the February 15 City Commission meeting. With the assistance of City staff, we've been able to make adjustments to the site plan that allows a reduction of required parking and one more parking space on site. Accordingly, the revised site plan that's attached eliminates the 3 northern most parking spaces on the south side of Riviera Drive which was a specific direction from Commissioner Penserga in his motion for postponement and will allow for turn around within the property from those 3 spaces. This will seem strange, but in order to reduce the required parking, the uses need to be a combined mix of office and retail. Here's why. The code has various options that will allow for a reduction to parking. Some of those options are not applicable to this site. The best option for this project is the Sustainability Parking option, which reduces the parking rate based on certain uses. Those certain uses do NOT include a building with complete office uses. Therefore, per the Zoning Director's interpretation, we cannot use this section to use compact or motorcycle parking or reduce the parking requirement unless a component of retail use is reintroduced back into the project. The Zoning Director has also confirmed that the parking can be calculated based on the Gross Floor Area (which excludes unenclosed building area such as the stair wells) versus the Gross Building Area. Accordingly, the plan has been modified to reflect the"office-retail" use and parking based on Gross Floor Area. The proposed conditions have also been updated to correspond. You will see that the modified conditions now prohibit the uses that Dr. Snyder entered into the City Commission record, with the exception of a restaurant. After discussing these uses with City staff, the consensus is that having a small deli or the like would be complimentary to the office uses. Although, both the site plan that was originally submitted and the new proposed plan fully complies with code (less the building height exception), Dr. Eriks is recognizing your concerns and trying to accommodate as much as possible, but still protect his investment and development rights. He continues to be willing to limit the hours of operation for the office uses within the building from 8:00 am to 7:00 pm Monday — Saturday and control the roof top access. However, since he does not know who the actual retail user will be, he cannot agree to limiting the retail hours. 3 You should also be aware that I and City staff took a hard look at other alternative layouts to try to get more spaces on site, including your suggestion of using angled spaces (see attached Concept H). But ultimately it was determined that several variances and substandard design standards would be required, to a point of being unsafe. Based on that, and knowing that the the original and now the modified site plans both comply with code, the standards required to approve the variances would NOT be met and therefore, could not be supported. Other positive changes since the last hearing that you should be aware of are, we have been able to eliminate the requirement of the sidewalk on the south side of Riviera Drive through a waiver granted by the City Engineer in response to your comments. Also, in regard to the 3 parking spaces on the south side or Riviera Drive, the City Engineer has also agreed to us adding a note to the Site Plan that will allow those 3 spaces to be shifted to the west when Snug Harbor proceeds with redesign of their project entry. I've attached the referenced code section on reduced parking, the latest revised site plan and the updated conditions for your review. Of course, feel free to email me with any follow up questions or comments. We certainly hope you will recognize the effort Dr. Eriks is making to be a good neighbor and we look forward to getting this resolved on March 1. Thanks again for your involvement. 4 9/20/21,5:41 PM https://export.amlegal.com/api/export-requests/a42e0161-100f-4173-9246-102a205cfd29/download/ Sec. 3. Special Reductions in Required Off-Street Parking. The following provisions to reduce the number of required off-street parking spaces shall be utilized individually and not in conjunction with each other or with any other provisions to reduce parking within this article. NOTE: Calculation of needed handicap accessible off-street parking spaces shall be pursuant to the base parking requirements and not based on the reduced parking requirements described by this section for which a project may be eligible (also see Section 5 below regarding Handicap Accessible Off-Street Parking). A. Minimum Parking (Five Percent (5%) Reduction). For all non-residential uses, the total number of required off-street parking spaces may be reduced by up to five percent (5%) of the standard number of required parking spaces for the use(s) to which they are assigned. 1. Applicability. This provision to reduce the standard number of required parking spaces shall only apply when the following conditions are met: a. The reduction in the number of parking spaces shall not cause the development to be noncompliant with Section 2.A. above; b. Shall only apply to non-residential uses; and c. Shall not be applied in conjunction with other provisions to reduce the number of required off- street spaces pursuant to this article. 2. Criteria. The following criteria shall be used in the evaluation of a request to reduce the standard number of required parking by five percent (5%): a. Landscaped areas within off-street parking areas shall be maximized and enhanced, and existing plant material, particularly mature shade trees should be preserved to the maximum extent possible, to help reduce ground-level absorption of solar radiation; b. Impervious surfaces shall be minimized; and c. Pedestrian connections shall be enhanced. 3. Methodology. Where the reduction in the number of required parking spaces as computed includes a fraction, the reduced number of parking spaces shall be the computed number rounded down to the lowest whole number. B. Joint Access/Parking. In all districts, when two (2) or more abutting properties combine their on- site parking with common access drives and interconnectivity for both vehicular and pedestrian use, the total number of required parking spaces may be reduced by ten percent (10%). A review for this type of parking reduction shall be conducted by staff upon the submittal of a cross-parking agreement between property owners in conjunction with a request for a new site plan or site plan modification in accordance with Chapter 2, Article II, Section 2.F. C. Shared Parking. Mixed use developments may utilize the following required parking methodologies based upon shared parking with different hours of use. The total requirement for off- street parking spaces shall be the highest of the requirement of the various uses computed for the following five (5) separate time periods: weekdays (daytime, evening), weekends (daytime, evening) and nighttime. For the purpose of calculating the requirement of the various uses for the various separate time periods, the percent of parking required shall be calculated and certified by a licensed traffic engineer using "Shared Parking, Second Edition", U.L.I., 2005, or other acceptable methodology. Quantitative evidence may also include, where appropriate, field studies and traffic counts prepared by a traffic consultant experienced in the preparation of parking studies. In addition, a minimum buffer of ten percent (10%) shall be provided to ensure that a sufficient number of parking spaces are https://export.amlegal.com/api/export-requests/a42e0161-100f-4173-9246-102a205cfd29/download/ 1/4 9/20/21,5:41 PM https://export.amlegal.com/api/export-requests/a42e0161-100f-4173-9246-102a205cfd29/download/ available at the peak hour/peak season of parking demand. Calculation of said buffer shall be based on the total number of parking spaces determined to be required at the peak hour/peak season of parking demand. Evidence for joint allocation of required parking spaces shall be reviewed for accuracy and appropriateness. D. Martin Luther King Boulevard Overlay Zone. Parking space requirements shall be calculated in accordance with Section 2 above. Any required parking for non-residential uses shall be reduced by fifty percent (50%). E. Payment in Lieu of Parking. The payment in lieu of parking option is applicable within the central business district (hereinafter CBD) and those areas described under Section 4, "Exceptions to Providing Required Off-Street Parking," A. "Adaptive Re-Use," below. 1. Applicability. Within these areas at the time of any new building construction, off-street parking spaces shall be provided as required by this article and Chapter 3, Article III, Section 3.E. 2. Fee (Method of Assessment). Up to ten percent (10%) of the required parking for new construction and twenty-five percent (25%) of the parking required under the adaptive re-use provisions below in Section 4, as set forth in this subsection, may be satisfied in whole or part by the payment of a non-refundable parking improvement fee in lieu of the provisions of the required off- street parking spaces. Parking improvement fees shall be assessed as follows: The engineer for the applicant shall submit a signed and sealed cost estimate for the construction of structured parking spaces. The estimate shall be broken down by individual spaces, including design, land, and construction cost. If necessary, an outside professional may be retained by the city to review the applicant's cost estimate. The applicant shall pay the retainer fees associated with the review of the cost estimate by the city's consultant. Once reviewed and accepted by the City Engineer or designee, the parking improvement fee in the amount of one hundred ten percent (110%) of the estimate shall be paid to the city in full, prior to the issuance of the first building permit for the project. Parking improvement fees shall be paid into the City of Boynton Beach Parking Trust Fund, and are subject to use by the city for parking related improvements in the geographic areas to which this subsection applies. 3. Additional Requirements. Whenever a payment in lieu of parking is authorized and accepted, the following additional requirements shall apply: a. Any off-street parking arrangement satisfied in this manner shall run with the land, and any subsequent change of use which requires more parking shall require recalculation of the payment in lieu of parking fee. b. No refund of payment shall be made when there is a change to a use requiring less parking. 4. Parking Trust Fund. In addition to land acquisition and the construction of parking spaces, the funds collected may be used to inform the public about parking resources or transit programs, as well as to promote alternative programs intended to alleviate parking congestion, such as the use of a trolley or shuttle system or the construction of bicycle lane facilities. F. Cultural District Overlay. See Chapter 3, Article III, Section 8.D. for additional off-street parking provisions regarding the Cultural District Overlay. G. Parking Reductions for Sustainability. To promote or recognize sustainable design or operation, including increased pervious area, reduced parking fields, promotion of mass transit and uses of renewable energy sources, lower parking requirements will be granted to eligible developments as follows: Use I Minimum Number of Required https://export.amlegal.com/api/export-requests/a42e0161-1001-4173-9246-102a205cfd29/download/ 2/4 9/20/21,5:41 PM https://export.amlegal.com/api/export-requests/a42e0161-100f-4173-9246-102a205cfd29/download/ Parking Spaces 1 Building area is based on gross floor area unless specifically expressed otherwise. Efficiency or one (1)-bedroom apartment 1.33 Two (2) or more bedroom apartment 1.66 Shopping center 1 per 250 Office - Retail complex 1 per 250 Grocery store 1 per 250 (Reserved) (Reserved) I Only represents the base minimum parking rations. Other requirements may also apply including parking for guests and recreation area as describe in other sections of the Land Development Regulations. 1. Applicability. Eligible developments must be able to provide sustainable design and operation, and, except where noted below, must be located within one-half(1/2) mile from a regional transportation facility (e.g. Transit Area), or within five hundred (500) feet of a bus stop with direct access to a regional transportation facility, measured from property line to property line. 2. Application and Development Requirements. Requests for parking reduction must occur at time of site plan review, and must include a parking demand study prepared by a professional engineer and/or based on findings from an existing development or other comparable projects experienced by the applicant that include, in part, projects designed to meet lower parking requirements as allowed by this section. The study must provide evidence that the project would not be deficient of parking, that the reduced ratios would not adversely affect the project in any way, or increase the demand for parking spaces upon public streets in the immediate vicinity, or would not increase the demand for parking spaces on private properties in the immediate vicinity unless in conjunction with an approval for shared parking pursuant to city regulations. Eligible applicants must demonstrate that proposed parking design or resources would be adequate, and shall satisfy the following requirements meeting sustainable design and operation (where basic mathematical calculations are involved, rounding will be based on the traditional mathematical rule): a. Describe, in quantifiable terms, how the project provides an increase in green space (pervious area)which otherwise would be paved for parking spaces, or how the proposed project provides a lower urban heat island effect if the proposed development is an urban infill or redevelopment project. At minimum, the elements to be included for compliance are all building roofs, parking and other hard surfaces, and tree canopies. b. Accommodate fuel efficient vehicles through provision of covered and well-illuminated locations with apparatus for parking and locking of bikes and low-powered mopeds and scooters, and designated spaces for motorcycles and compact vehicles. Covered storage facilities shall be located on the project site in close proximity to the destination of the residents, employees, or visitors. c. No more than three percent (3%) of the required parking spaces are represented by spaces dedicated to motorcycles, which should be covered as an incentive for use. d. No more than ten percent (10%) of the required parking spaces are represented by spaces dedicated to compact vehicles, and disbursed throughout the project to maximize accessibility and convenience. e. Provide efficiency in parking design including consideration for space-conserving tandem spaces when functionally feasible. https://export.amlegal.com/api/export-requests/a42e0161-100f-4173-9246-102a205cfd29/download/ 3/4 9/20/21,5:41 PM https://export.amlegal.com/api/export-requests/a42e0161-100f-4173-9246-102a205cfd29/download/ f. Provide vehicle charging stations and dedicated spaces for at minimum Level 2 charging power (one (1) per fifty (50) dwelling units and one (1) per every fifty thousand (50,000) square feet for non-residential developments in excess of seventy-five thousand (75,000) square feet). g. Design for maximized pedestrian interconnectivity for internal circulation and efficient ingress and egress minimizing travel distance for pedestrians and bike/moped/scooter riders. h. Include a parking contingency plan to show areas on the proposed site plan where parking spaces may be added in the event that a shortage is subsequently realized for average daily parking demand. If such future spaces do not equal or exceed the total deficiency determined by the standard parking requirements for the use, provide operational rules, procedures or strategies at time of site plan approval to off-set the realized deficiency. i. Facilitate a ride-sharing/car pool program by screening, recording and maintaining participants' travel destination information, schedules and routes for controlled access by residents and employees. j. Maintain bus and train schedules in the management office, accessible to residents and employees. The management shall designate employees who will maintain and distribute schedule and route information enabling them to advise residents and employees as necessary. k. Consider a shuttle service/program providing transportation to the nearest transit facility, whether as an incentive or fee-based. Residents should be polled for interest. I. Include marketing goals and practices targeting residents who work atypical shifts, including incentives for those in fields such as law enforcement, medical, security, etc. m. Provide the following information to residents at time of lease, and post it on a permanent sign visible from a common location and at entry to the management office: "This development offers sustainable living (or working) environment that facilitates a reduction in required parking spaces while accommodating bikes, low-powered mopeds and scooters, motorcycles, compact vehicles and electric vehicles. Contact the management for further information". n. Establish and implement operational rules that regulate the maximum number of vehicles per unit, provide incentives for minimizing total vehicles and maximizing compact and electric vehicles, and restrict where lesser used vehicles such as recreational, work, or utility vehicles and equipment can be parked or stored. Incentives shall be provided for single vehicle households or to those regularly using or dependent on public transportation. o. Implement an operational rule prohibiting operators, residents, employees, visitors, etc. from using any parking space, including interior garage spaces, for any purpose other than for the temporary parking of vehicles as intended and designed for the project. p. Consent to providing a report containing evidence of continued compliance with the requirements herein upon request by the city. (Ord. 10-025, passed 12-7-10; Am. Ord. 11-002, passed 3-1-11; Am. Ord. 13-013, passed 6-4-13; Am. Ord. 14-020, passed 10-7-14; Am. Ord. 16-015, passed 7-5-16; Am. Ord. 19-033, passed 10-1-19) https://export.amlegal.com/api/export-requests/a42e0161-100f-4173-9246-102a205cfd29/download/ 4/4 Applicant Conditions - Revised 1. The building is prohibited from having the following uses: bars, breweries, taprooms, micro-breweries, beverage manufacturing, wine bars, distilleries, wineries, liqueur stores, kava bars, vape shops, hookah bars, entertainment/music venues, sober homes, drug/alcohol treatment centers, tattoo parlors. 2. Operating business hours for office uses within the building are limited to 8:00 am to 7:00 pm, Monday to Saturday. 3. Access and use of the roof top is to be controlled by the property owner and only used by employees of the tenants of the building during business hours and for service of mechanical equipment or structure. 4. Upon full occupancy of the building, the owner and tenants will be responsible to instruct employees to park in the on-street spaces for less frequent activity on the street and to allow more spaces on site for patrons/customers. 5. Prior to issuance of a certificate of occupancy, the property owner shall contribute $2,500 to Colonial Center for the installation/relocation of one project sign. 6. Prior to issuance of certificate of occupancy, the property owner shall contribute$2,500 to the Riviera Drive residents for the installation/relocation of one project sign. 7. During site development, the property will be fenced to deter access and regularly maintain litter and debris. 8. During site development, construction vehicles are to be instructed to turn around on the subject property. 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SITE PLAN EL.w.a.r. . . ..... .wm.w k ..mow...,.a..l°..es.w..,s.1•...Reecue.....ra SP-1 f Swanson, Lynn From: Jeffrey Hoffberger <j.hoffberger@icloud.com> Sent: Friday, February 25, 2022 7:42 PM To: Candy Killian Cc: Bradley Miller; Linda Morton; Mary Killian; crico12666@yahoo.com;Tom Ward; Kim Beaumont; gwolfden52@gmail.com; etitusk@aol.com; dreriksdmd@gmail.com; Radigan, Amanda; Bencosme, Luis; Rumpf, Michael; careyjean13@aol.com; Romelus, Christina; Penserga, Ty; Hay, Woodrow L.; Katz, Justin; Grant, Steven; court@redbarad.com; saradon48@gmail.com; LaVerriere, Lori; Cherof,Jim; Shirley Cassa Subject: Re: 1320 S. Federal Highway I Project Update Attachments: image003jpg;ATT00001.htm; image004 jpg; ATT00002.htm; 2022-02-22 Site Plan.pdf; ATT00003.htm; 2022-02-22 Neighborhood Revisions H.pdf; ATT00004.htm; 2022-03-01 Conditions.pdf; ATT00005.htm; Sec. 3 Special Reduction in Required Parking.pdf; ATT00006.htm Candy, once again thank you for making the statement that is obvious to everyone but apparently Bradley and the owner.We will not tolerate on street parking and we will not tolerate any change to the eight provisions that have already been made. If I understand correctly even though I was not at the last meeting, it was said that they need to revisit the entire thing and come up with a new plan. It now appears that that will be the only way for this to move forward where we are not angered further and do not have to spend our hard-earned money to hire legal counsel to fight this tooth and nail. Once again thank you for all of your do diligence and I guess we'll see these guys March 1. Captain Jeffrey A Hoffberger On Feb 25, 2022, at 16:13, Candy Killian <killian7k2@bellsouth.net>wrote: Bradley— Thank you for your work on this project. In reading this it appears that in order to eliminate only 3 parallel parking spaces on Riviera Drive that the uses of the site will be changed from medical/other business to office and retail allowing a restaurant/deli/food service which in turn would then omit the previously agreed upon 8 Conditions of approval by changing the uses AND removing the stipulation of hours of operation from 8-7 Monday through Saturday. This is unacceptable. The conditions were discussed and agreed upon and the on street parking was the ONLY issue to be addressed. Now we find ourselves in what I believe is an even worse situation in that a deli/restaurant/food service will attract a lot more traffic, pedestrian and vehicular. There will be more opportunity for people to hang out outside the site, or even have seating outside. Additionally, I believe that a dumpster may be required if you have food service on site, and we had agreed on no dumpsters. Additionally, there is a KWIK STOP located at 1305 S. Federal Highway, directly across the street from the proposed project AND a Dunkin Donuts AND a BP Gas Station which also has food service. Also across the street in One Boynton is Baciami Italian Restaurant, Tsunami subs, Tokyo Ramen, Souvlaki and Sweetwater, So, WHY, another food service venue???? This alternative is unacceptable and puts us in a more precarious position than where we were before. It utterly gals me that a building would be designed that is too large for the lot in the first place. From Day 1, the building size required more parking than the site could contain. Has anyone questioned this??? Why that was allowed from the beginning is baffling. There is not one residential street east of Federal Highway in the City of Boynton Beach that has parallel parking. We are not West Palm Beach, we are Boynton and we love the character and charm of our city. As a side note, you might argue that the IHOP was there for years....Andy Patel, the owner of the IHOP was our neighbor and an owner on Riviera Drive. He had a vested interest in making sure our street was safe and the site was self-contained and clean. I'm not sure if coming up with a worse alternative was intentional to force the issue of the original plan to be the lesser of 2 evils. For the owners/residents of Riviera Drive, the price we will pay for gaining the elimination of 3 parallel parking spaces will cost us greatly for the rest of our years on this street by having retail/restaurant/food service to achieve that concession while the traffic and parking concerns at the crux of this issue have been left unaddressed. Parallel parking will be a danger to residents and patrons of 1320. Eliminate the on-street parking and maintain the 8 conditions of approval agreed upon to include: Medical/Dental Office and Business/Professional Office with hours of Monday to Saturday from 8-7 must remain as agreed. I ask the Commission to deny this plan as presented. The parking issue was not resolved as instructed by Commissioner Penserga. Candy Killian 642 Riviera Drive Boynton Beach, FL 33435 Killian7k2@bellsouth.net 561-704-3868 2 From: Bradley Miller<bmiller@udsflorida.com> Sent:Thursday, February 24, 2022 12:24 PM To: Linda Morton <llmorton@bellsouth.net>;j.hoffberger@icloud.com; killian7k2@bellsouth.net; mary.killian@cbrealty.com; crico12666@yahoo.com; tomhward58@gmail.com; kbeaumont@tgbk.com; gwolfden52@gmail.com; etitusk@aol.com; careyjean13@aol.com Cc:Ty Eriks DMD (dreriksdmd@gmail.com) <dreriksdmd@gmail.com>; Radigan, Amanda <radigana@bbfl.us>; Bencosme, Luis<bencosmel@bbfl.us>; Michael Rumpf-CITY OF BOYNTON BEACH (RumpfM@bbfl.us) <RumpfM@bbfl.us> Subject: 1320 S. Federal Highway I Project Update Neighbors - we have been working with City staff on ways to further address the comments and concerns raised at our prior meetings and most recently at the February 15 City Commission meeting. With the assistance of City staff, we've been able to make adjustments to the site plan that allows a reduction of required parking and one more parking space on site. Accordingly, the revised site plan that's attached eliminates the 3 northern most parking spaces on the south side of Riviera Drive which was a specific direction from Commissioner Penserga in his motion for postponement and will allow for turn around within the property from those 3 spaces. This will seem strange, but in order to reduce the required parking, the uses need to be a combined mix of office and retail. Here's why. The code has various options that will allow for a reduction to parking. Some of those options are not applicable to this site. The best option for this project is the Sustainability Parking option, which reduces the parking rate based on certain uses. Those certain uses do NOT include a building with complete office uses. Therefore, per the Zoning Director's interpretation, we cannot use this section to use compact or motorcycle parking or reduce the parking requirement unless a component of retail use is reintroduced back into the project. The Zoning Director has also confirmed that the parking can be calculated based on the Gross Floor Area (which excludes unenclosed building area such as the stair wells) versus the Gross Building Area. Accordingly, the plan has been modified to reflect the"office-retail" use and parking based on Gross Floor Area. The proposed conditions have also been updated to correspond. You will see that the modified conditions now prohibit the uses that Dr. Snyder entered into the City Commission record, with the exception of a restaurant. After discussing these uses with City staff, the consensus is that having a small deli or the like would be complimentary to the office uses. Although, both the site plan that was originally submitted and the new proposed plan fully complies with code (less the building height exception), Dr. Eriks is recognizing your concerns and trying to accommodate as much as possible, but still protect his investment and development rights. He continues to be willing to limit the hours of operation for the office uses within the building from 8:00 am to 7:00 pm Monday — Saturday and control the roof top access. However, since he does not know who the actual retail user will be, he cannot agree to limiting the retail hours. You should also be aware that I and City staff took a hard look at other alternative layouts to try to get more spaces on site, including your suggestion of using angled spaces (see attached Concept H). But ultimately it was determined that several variances and substandard design standards would be required, to a point of being unsafe. Based on that, and knowing that the the original and now the modified site plans both comply with code, the standards required to approve the variances would NOT be met and therefore, could not be supported. Other positive changes since the last hearing that you should be aware of are, we have been able to eliminate the requirement of the sidewalk on the south side of Riviera Drive through a waiver granted by the City Engineer in response to your comments. Also, in regard to the 3 parking spaces on the south side or Riviera Drive, the City Engineer has also agreed to us adding a note to the Site Plan that will allow those 3 spaces to be shifted to the west when Snug Harbor proceeds with redesign of their project entry. 3 I've attached the referenced code section on reduced parking, the latest revised site plan and the updated conditions for your review. Of course, feel free to email me with any follow up questions or comments. We certainly hope you will recognize the effort Dr. Eriks is making to be a good neighbor and we look forward to getting this resolved on March 1. Thanks again for your involvement. 4 • Contingency Forking Kay Locabn Map E ......cur. 4 4 r4 11, '7{___�. __ • a • •o.wcrt.[w....SPACEMILLER , LAND -/ ''S... •.vm. "^——,.D._e. .. ———— PLANNING,INC. 7,ft._._' ' 1 1 1 1 l' ,si ..,4, I � W u I , 101:.1.401 Dato MIXIIMMIX 2.1.1M11•1 MO 4 INV 273 IS 0..",,, ar ra &&• a ,.Tr o... 'C.s lm■■..(¢) RA OR. 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L�� SIDE SB t0' � •,„, S89°17'31"W 273.15' �'I�.III fst`-' J�♦♦�����6�e>I c 5.0'B FFER 6.0'FPL UE PER ORB 202 .72 TO BE ABANDONED v EX It >♦> 31;5.0' I ` Ifl ILII 2.5'OVERHANG I I ■I■I®I .°- 13 .n• VALVES I♦�, ,>♦v'o 12.0' t2' 13 s'�'0' • y 'p WATER RB.O' 9hy0. • WaI • t' 1 GROSS '•i'• P i unu t* i i♦�t, :•DG OVERHANG ' ER POLE -",I -I1.'1 BUILDING �I /-�1{,�y,tr'(y FpRAN .� — �• ;� 'ICS yr jl.•r♦���r41. 10,898 SF ♦,♦1 /r R307 MIN. R20.0' Nil »»II I>» 12.0'PROLE:D UE 2 .0' RVICE •♦♦♦♦.1 OFFICE/RETAIL,W1 RADOFOR �I F» I !r '� MV607 VEHICLE ,- 5.0' _ XFLUSHMgo't. ♦♦ :� ----- ooi3l ,�♦�.: v. COMPLEX V` �rf� ♦�,�'♦>♦>♦� �♦>i>� 20.0' 0.0'y • 155' 2CS //II �� -I° I VIA♦>♦>♦ ♦>♦>�I I r 9 S 9' BO 8, g-1 Q Ilii♦>♦>♦� :�Q>�}i1 - Il 12/2/' / R25.0' /e? / CB (IIII! '!> I I - 7 5' /UILDINGI k♦O♦♦�. � ,, IR15.0' RHANC. 5.0' / /IIIII.' IJJ YNRHANF�Iy ��,�♦Y�• iii♦�.Y15.8' I h /iT3IAN la's♦°A.; - \ '/ / 1 /�!I,� II•V>I i�,; \ f 18.0' i SIG 111 >i>.>i>iii ♦ii♦i � l CURB Vint'♦♦♦r ,�,♦�.. - ittt41 - - � /$INLET �\�'�,1�ill ♦• I �/; �,��� O9'• (�� / II(JAGEI �.1�\>`I,Ii 0'x0'U 4.3'SIDE ����QP.� q5 /$ WATER` ,_ �..c: R 'yl tit �% -. �' / Ffi VALVE ��� SIGH TRIANGLE �'♦" 6, • R35.0'I A P OPO •CN"• • �5.0"SID • K „ - • FLU:HDR ��� R M• Zon:R1AA I� STOP A ,s / /// Ex:Vacant Open Space j SIGNBox _ RIVIERA DRl1/E / �, ASPHALT ROADWAY • ® - / 8 I NO OUTLET SIGN ID SPEED LIMIT 1%,.......0.e......... / • SIGN __ _ -- GAS LINE MARKER _ _ L STREET 4 SIGN PARALLEL SPACES TO FLU:HDR BE RELOCATED TO THE WEST • I Zon:R3 SHOULD DRIVEWAY ..I PEDESTRIAN Ex:Snug Horbw Gardens TO SNUG HARBOR BE MODIFIED L- $ SIGN SING Condo/Villas Applicant Conditions - Revised 1. The building is prohibited from having the following uses: bars, breweries, taprooms, micro-breweries, beverage manufacturing, wine bars, distilleries, wineries, liqueur stores, kava bars, vape shops, hookah bars, entertainment/music venues, sober homes, drug/alcohol treatment centers, tattoo parlors. 2. Operating business hours for office uses within the building are limited to 8:00 am to 7:00 pm, Monday to Saturday. 3. Access and use of the roof top is to be controlled by the property owner and only used by employees of the tenants of the building during business hours and for service of mechanical equipment or structure. 4. Upon full occupancy of the building, the owner and tenants will be responsible to instruct employees to park in the on-street spaces for less frequent activity on the street and to allow more spaces on site for patrons/customers. 5. Prior to issuance of a certificate of occupancy, the property owner shall contribute $2,500 to Colonial Center for the installation/relocation of one project sign. 6. Prior to issuance of certificate of occupancy, the property owner shall contribute$2,500 to the Riviera Drive residents for the installation/relocation of one project sign. 7. During site development, the property will be fenced to deter access and regularly maintain litter and debris. 8. During site development, construction vehicles are to be instructed to turn around on the subject property. urban 2/21/2022 (S:EM 9/20/21,5:41 PM https://export.amlegal.com/api/export-requests/a42e0161-100f-4173-9246-102a205cfd29/download/ Sec. 3. Special Reductions in Required Off-Street Parking. The following provisions to reduce the number of required off-street parking spaces shall be utilized individually and not in conjunction with each other or with any other provisions to reduce parking within this article. NOTE: Calculation of needed handicap accessible off-street parking spaces shall be pursuant to the base parking requirements and not based on the reduced parking requirements described by this section for which a project may be eligible (also see Section 5 below regarding Handicap Accessible Off-Street Parking). A. Minimum Parking (Five Percent (5%) Reduction). For all non-residential uses, the total number of required off-street parking spaces may be reduced by up to five percent (5%) of the standard number of required parking spaces for the use(s) to which they are assigned. 1. Applicability. This provision to reduce the standard number of required parking spaces shall only apply when the following conditions are met: a. The reduction in the number of parking spaces shall not cause the development to be noncompliant with Section 2.A. above; b. Shall only apply to non-residential uses; and c. Shall not be applied in conjunction with other provisions to reduce the number of required off- street spaces pursuant to this article. 2. Criteria. The following criteria shall be used in the evaluation of a request to reduce the standard number of required parking by five percent (5%): a. Landscaped areas within off-street parking areas shall be maximized and enhanced, and existing plant material, particularly mature shade trees should be preserved to the maximum extent possible, to help reduce ground-level absorption of solar radiation; b. Impervious surfaces shall be minimized; and c. Pedestrian connections shall be enhanced. 3. Methodology. Where the reduction in the number of required parking spaces as computed includes a fraction, the reduced number of parking spaces shall be the computed number rounded down to the lowest whole number. B. Joint Access/Parking. In all districts, when two (2) or more abutting properties combine their on- site parking with common access drives and interconnectivity for both vehicular and pedestrian use, the total number of required parking spaces may be reduced by ten percent (10%). A review for this type of parking reduction shall be conducted by staff upon the submittal of a cross-parking agreement between property owners in conjunction with a request for a new site plan or site plan modification in accordance with Chapter 2, Article II, Section 2.F. C. Shared Parking. Mixed use developments may utilize the following required parking methodologies based upon shared parking with different hours of use. The total requirement for off- street parking spaces shall be the highest of the requirement of the various uses computed for the following five (5) separate time periods: weekdays (daytime, evening), weekends (daytime, evening) and nighttime. For the purpose of calculating the requirement of the various uses for the various separate time periods, the percent of parking required shall be calculated and certified by a licensed traffic engineer using "Shared Parking, Second Edition", U.L.I., 2005, or other acceptable methodology. Quantitative evidence may also include, where appropriate, field studies and traffic counts prepared by a traffic consultant experienced in the preparation of parking studies. In addition, a minimum buffer of ten percent (10%) shall be provided to ensure that a sufficient number of parking spaces are https://export.amlegal.com/api/export-requests/a42e0161-100f-4173-9246-102a205cfd29/download/ 1/4 9/20/21,5:41 PM https://export.amlegal.com/api/export-requests/a42e0161-100f-4173-9246-102a205cfd29/download/ available at the peak hour/peak season of parking demand. Calculation of said buffer shall be based on the total number of parking spaces determined to be required at the peak hour/peak season of parking demand. Evidence for joint allocation of required parking spaces shall be reviewed for accuracy and appropriateness. D. Martin Luther King Boulevard Overlay Zone. Parking space requirements shall be calculated in accordance with Section 2 above. Any required parking for non-residential uses shall be reduced by fifty percent (50%). E. Payment in Lieu of Parking. The payment in lieu of parking option is applicable within the central business district (hereinafter CBD) and those areas described under Section 4, "Exceptions to Providing Required Off-Street Parking," A. "Adaptive Re-Use," below. 1. Applicability. Within these areas at the time of any new building construction, off-street parking spaces shall be provided as required by this article and Chapter 3, Article III, Section 3.E. 2. Fee (Method of Assessment). Up to ten percent (10%) of the required parking for new construction and twenty-five percent (25%) of the parking required under the adaptive re-use provisions below in Section 4, as set forth in this subsection, may be satisfied in whole or part by the payment of a non-refundable parking improvement fee in lieu of the provisions of the required off- street parking spaces. Parking improvement fees shall be assessed as follows: The engineer for the applicant shall submit a signed and sealed cost estimate for the construction of structured parking spaces. The estimate shall be broken down by individual spaces, including design, land, and construction cost. If necessary, an outside professional may be retained by the city to review the applicant's cost estimate. The applicant shall pay the retainer fees associated with the review of the cost estimate by the city's consultant. Once reviewed and accepted by the City Engineer or designee, the parking improvement fee in the amount of one hundred ten percent (110%) of the estimate shall be paid to the city in full, prior to the issuance of the first building permit for the project. Parking improvement fees shall be paid into the City of Boynton Beach Parking Trust Fund, and are subject to use by the city for parking related improvements in the geographic areas to which this subsection applies. 3. Additional Requirements. Whenever a payment in lieu of parking is authorized and accepted, the following additional requirements shall apply: a. Any off-street parking arrangement satisfied in this manner shall run with the land, and any subsequent change of use which requires more parking shall require recalculation of the payment in lieu of parking fee. b. No refund of payment shall be made when there is a change to a use requiring less parking. 4. Parking Trust Fund. In addition to land acquisition and the construction of parking spaces, the funds collected may be used to inform the public about parking resources or transit programs, as well as to promote alternative programs intended to alleviate parking congestion, such as the use of a trolley or shuttle system or the construction of bicycle lane facilities. F. Cultural District Overlay. See Chapter 3, Article III, Section 8.D. for additional off-street parking provisions regarding the Cultural District Overlay. G. Parking Reductions for Sustainability. To promote or recognize sustainable design or operation, including increased pervious area, reduced parking fields, promotion of mass transit and uses of renewable energy sources, lower parking requirements will be granted to eligible developments as follows: Use I Minimum Number of Required https://export.amlegal.com/api/export-requests/a42e0161-100f-4173-9246-102a205cfd29/download/ 2/4 9/20/21,5:41 PM https://export.amlegal.com/api/export-requests/a42e0161-100f-4173-9246-102a205cfd29/download/ IParking Spaces 1 Building area is based on gross floor area unless specifically expressed otherwise. Efficiency or one (1)-bedroom apartment 1.33 Two (2) or more bedroom apartment 1.66 Shopping center 1 per 250 Office - Retail complex 1 per 250 Grocery store 1 per 250 (Reserved) (Reserved) 1 Only represents the base minimum parking rations. Other requirements may also apply including parking for guests and recreation area as describe in other sections of the Land Development Regulations. 1. Applicability. Eligible developments must be able to provide sustainable design and operation, and, except where noted below, must be located within one-half(1/2) mile from a regional transportation facility (e.g. Transit Area), or within five hundred (500) feet of a bus stop with direct access to a regional transportation facility, measured from property line to property line. 2. Application and Development Requirements. Requests for parking reduction must occur at time of site plan review, and must include a parking demand study prepared by a professional engineer and/or based on findings from an existing development or other comparable projects experienced by the applicant that include, in part, projects designed to meet lower parking requirements as allowed by this section. The study must provide evidence that the project would not be deficient of parking, that the reduced ratios would not adversely affect the project in any way, or increase the demand for parking spaces upon public streets in the immediate vicinity, or would not increase the demand for parking spaces on private properties in the immediate vicinity unless in conjunction with an approval for shared parking pursuant to city regulations. Eligible applicants must demonstrate that proposed parking design or resources would be adequate, and shall satisfy the following requirements meeting sustainable design and operation (where basic mathematical calculations are involved, rounding will be based on the traditional mathematical rule): a. Describe, in quantifiable terms, how the project provides an increase in green space (pervious area) which otherwise would be paved for parking spaces, or how the proposed project provides a lower urban heat island effect if the proposed development is an urban infill or redevelopment project. At minimum, the elements to be included for compliance are all building roofs, parking and other hard surfaces, and tree canopies. b. Accommodate fuel efficient vehicles through provision of covered and well-illuminated locations with apparatus for parking and locking of bikes and low-powered mopeds and scooters, and designated spaces for motorcycles and compact vehicles. Covered storage facilities shall be located on the project site in close proximity to the destination of the residents, employees, or visitors. c. No more than three percent (3%) of the required parking spaces are represented by spaces dedicated to motorcycles, which should be covered as an incentive for use. d. No more than ten percent (10%) of the required parking spaces are represented by spaces dedicated to compact vehicles, and disbursed throughout the project to maximize accessibility and convenience. e. Provide efficiency in parking design including consideration for space-conserving tandem spaces when functionally feasible. https://export.amlegal.com/api/export-requests/a42e0161-100f-4173-9246-102a205cfd29/download/ 3/4 9/20/21,5:41 PM https://export.amlegal.com/api/export-requests/a42e0161-100f-4173-9246-102a205cfd29/download/ f. Provide vehicle charging stations and dedicated spaces for at minimum Level 2 charging power (one (1) per fifty (50) dwelling units and one (1) per every fifty thousand (50,000) square feet for non-residential developments in excess of seventy-five thousand (75,000) square feet). g. Design for maximized pedestrian interconnectivity for internal circulation and efficient ingress and egress minimizing travel distance for pedestrians and bike/moped/scooter riders. h. Include a parking contingency plan to show areas on the proposed site plan where parking spaces may be added in the event that a shortage is subsequently realized for average daily parking demand. If such future spaces do not equal or exceed the total deficiency determined by the standard parking requirements for the use, provide operational rules, procedures or strategies at time of site plan approval to off-set the realized deficiency. i. Facilitate a ride-sharing/car pool program by screening, recording and maintaining participants' travel destination information, schedules and routes for controlled access by residents and employees. j. Maintain bus and train schedules in the management office, accessible to residents and employees. The management shall designate employees who will maintain and distribute schedule and route information enabling them to advise residents and employees as necessary. k. Consider a shuttle service/program providing transportation to the nearest transit facility, whether as an incentive or fee-based. Residents should be polled for interest. I. Include marketing goals and practices targeting residents who work atypical shifts, including incentives for those in fields such as law enforcement, medical, security, etc. m. Provide the following information to residents at time of lease, and post it on a permanent sign visible from a common location and at entry to the management office: "This development offers sustainable living (or working) environment that facilitates a reduction in required parking spaces while accommodating bikes, low-powered mopeds and scooters, motorcycles, compact vehicles and electric vehicles. Contact the management for further information". n. Establish and implement operational rules that regulate the maximum number of vehicles per unit, provide incentives for minimizing total vehicles and maximizing compact and electric vehicles, and restrict where lesser used vehicles such as recreational, work, or utility vehicles and equipment can be parked or stored. Incentives shall be provided for single vehicle households or to those regularly using or dependent on public transportation. o. Implement an operational rule prohibiting operators, residents, employees, visitors, etc. from using any parking space, including interior garage spaces, for any purpose other than for the temporary parking of vehicles as intended and designed for the project. p. Consent to providing a report containing evidence of continued compliance with the requirements herein upon request by the city. (Ord. 10-025, passed 12-7-10; Am. Ord. 11-002, passed 3-1-11; Am. Ord. 13-013, passed 6-4-13; Am. Ord. 14-020, passed 10-7-14; Am. Ord. 16-015, passed 7-5-16; Am. Ord. 19-033, passed 10-1-19) https://export.amlegal.com/api/export-requests/a42e0161-100f-4173-9246-102a205cfd29/download/ 4/4 • Swanson, Lynn From: LaVerriere, Lori <LaVerriereL@bbfl.us> Sent: Thursday, February 24, 2022 12:39 PM To: Bradley Miller; Grant, Steven; Hay, Woodrow L.; Katz,Justin; Romelus, Christina; Penserga, Ty Cc: Cherof, Jim; Mack, Andrew; Temple, Adam N.; Rumpf, Michael;Ty Eriks DMD (dreriksdmd@gmail.com) Subject: RE: 1320 S. Federal Highway I Project Update Good work by staff,you and the applicant Bradley. It appears to be a very workable solution. Lori LaVerriere City Manager %T Y O A GManager's > a City Office (( Mailing Address: P.O. Box 310 Boynton Beach, Florida 33425 _3 Physical Address: 100 E. Ocean Ave. I Boynton Beach, Florida 33435 m \ x U t„. 561-742-6010 I 0 561-742-6011 115:0N 1w (••j LaVerriereL@bbfl.us I ® boynton-beach.org/ Follow us on © I J Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore,your e-mail communication and your e-mail address may be subject to public disclosure. From: Bradley Miller<bmiller@udsflorida.com> Sent:Thursday, February 24, 2022 12:36 PM To: Grant, Steven <GrantS@bbfl.us>; Hay, Woodrow L. <HayW@bbfl.us>; Katz,Justin <KatzJr@bbfl.us>; Romelus, Christina <RomelusC@bbfl.us>; Penserga,Ty<PensergaT@bbfl.us> Cc: LaVerriere, Lori<LaVerriereL@bbfl.us>;James A. Cherof Esq. -CITY OF BOYNTON BEACH (jcherof@cityatty.com) <jcherof@cityatty.com>; Mack, Andrew<MackA@bbfl.us>;Temple, Adam N. <TempleA@bbfl.us>; Rumpf, Michael <RumpfM@bbfl.us>;Ty Eriks DMD (dreriksdmd@gmail.com) <dreriksdmd@gmail.com> Subject: 1320 S. Federal Highway I Project Update Mayor, Vice Mayor, Commissioners & Staff - I'm forwarding my email just sent to the neighbors to keep you in the loop of updates on this project. My biggest points for next week are that 1) Dr. Eriks is being more than accommodating to be a good neighbor and 2) both the prior plan and this new plan comply with code. We're looking forward to your support on 3/1. I will be reaching out to you individually, however if we don't connect and should you have any questions or comments prior to the hearing, please give me a call. Thank you. 1 .. urban Bradley Miller AICPI PRINCIPAL gridI n BMillerpudsflorida.com 610 Clematis Street 0 Suite CUQ2 West Palm Beach. FL 33401 561.366.1100 Office 561 703.5062 [: ect From: Bradley Miller<bmiller@udsflorida.com> Sent:Thursday, February 24, 2022 12:24 PM To: Linda Morton <Ilmorton@bellsouth.net>; i.hoffberger@icloud.com; killian7k2@bellsouth.net; mary.killian@cbrealty.com; crico12666@yahoo.com;tomhward58@gmail.com; kbeaumont@tgbk.com; gwolfden52@gmail.com; etitusk@aol.com; careyiean13@aol.com Cc:Ty Eriks DMD (dreriksdmd@gmail.com)<dreriksdmd@gmail.com>; Radigan,Amanda <radigana@bbfl.us>; Bencosme, Luis<bencosmel@bbfl.us>; Michael Rumpf-CITY OF BOYNTON BEACH (RumpfM@bbfl.us) <RumpfM@bbfl.us> Subject: 1320 S. Federal Highway I Project Update Neighbors- we have been working with City staff on ways to further address the comments and concerns raised at our prior meetings and most recently at the February 15 City Commission meeting. With the assistance of City staff, we've been able to make adjustments to the site plan that allows a reduction of required parking and one more parking space on site. Accordingly, the revised site plan that's attached eliminates the 3 northern most parking spaces on the south side of Riviera Drive which was a specific direction from Commissioner Penserga in his motion for postponement and will allow for turn around within the property from those 3 spaces. This will seem strange, but in order to reduce the required parking, the uses need to be a combined mix of office and retail. Here's why. The code has various options that will allow for a reduction to parking. Some of those options are not applicable to this site. The best option for this project is the Sustainability Parking option, which reduces the parking rate based on certain uses. Those certain uses do NOT include a building with complete office uses. Therefore, per the Zoning Director's interpretation, we cannot use this section to use compact or motorcycle parking or reduce the parking requirement unless a component of retail use is reintroduced back into the project. The Zoning Director has also confirmed that the parking can be calculated based on the Gross Floor Area (which excludes unenclosed building area such as the stair wells) versus the Gross Building Area. Accordingly, the plan has been modified to reflect the"office-retail" use and parking based on Gross Floor Area. The proposed conditions have also been updated to correspond. You will see that the modified conditions now prohibit the uses that Dr. Snyder entered into the City Commission record, with the exception of a restaurant. After discussing these uses with City staff, the consensus is that having a small deli or the like would be complimentary to the office uses. Although, both the site plan that was originally submitted and the new proposed plan fully complies with code (less the building height exception), Dr. Eriks is recognizing your concerns and trying to accommodate as much as possible, but still protect his investment and development rights. He continues to be willing to limit the hours of operation for the office uses within the building from 8:00 am to 7:00 pm Monday— Saturday and control the roof top access. However, since he does not know who the actual retail user will be, he cannot agree to limiting the retail hours. You should also be aware that I and City staff took a hard look at other alternative layouts to try to get more spaces on site, including your suggestion of using angled spaces (see attached Concept H). But ultimately it was determined that several variances and substandard design standards would be required, to a point of being unsafe. Based on that, and knowing that the the original and now the modified site plans both comply with code, the standards required to approve the variances would NOT be met and therefore, could not be supported. 2 Other positive changes since the last hearing that you should be aware of are, we have been able to eliminate the requirement of the sidewalk on the south side of Riviera Drive through a waiver granted by the City Engineer in response to your comments. Also, in regard to the 3 parking spaces on the south side or Riviera Drive, the City Engineer has also agreed to us adding a note to the Site Plan that will allow those 3 spaces to be shifted to the west when Snug Harbor proceeds with redesign of their project entry. I've attached the referenced code section on reduced parking, the latest revised site plan and the updated conditions for your review. Of course, feel free to email me with any follow up questions or comments. We certainly hope you will recognize the effort Dr. Eriks is making to be a good neighbor and we look forward to getting this resolved on March 1. Thanks again for your involvement. urban Bradley Miller AICPI PRINCIPAL 1/ 1iTcog I n BMlllerfudsflorida.com 610 Cleriia:ss Street 0 Suile CUO2 :^decd Palm Beach FL 33401 561,366.1100 Office 561.703.5062 Direct From: Bradley Miller<bmiller@udsflorida.com> Sent: Friday, February 11,2022 4:31 PM To: LCmorton@bellsouth.net; i.hoffberger@icloud.com; killian7k2@bellsouth.net; mary.killian@cbrealty.com; crico12666@yahoo.com;tomhward58@gmail.com; kbeaumont@tgbk.com;gwolfden52@gmail.com; etitusk@aol.com; careviean13@aol.com Cc:Ty Eriks DMD (dreriksdmdPgmail.com)<dreriksdmd@gmail.com>; marithedeen@outlook.com; Radigan, Amanda <radigana@bbfl.us>; Bencosme, Luis<bencosmel@bbfl.us> Subject: 1320 S. Federal Highway Neighbors - as discussed last evening, please find attached letter and series of concept sketches. Sorry for the rough sketching. I'm hoping it's clear enough to follow with the explanation in the letter. The plans are to scale if printed at 11" x 17" paper size. There were a few email addresses that were difficult to read so I apologize if this did not make it to everyone but I hope it will be shared. I will be watching my email through the weekend if you have follow up questions/comments. Thank you. Urn Bradley Miller AICP1 PRINCIPAL ri I n BMrlleraudsficrlda.com 610 Clematis Street 0 Suite CUO2 West Palm Beach. FL 33401 561.366,1100 Office 561 703.5062 Direct 3 Swanson, Lynn From: Bradley Miller <bmiller@udsflorida.com> Sent: Thursday, February 24, 2022 12:41 PM To: LaVerriere, Lori; Grant, Steven; Hay, Woodrow L.; Katz, Justin; Romelus, Christina; Penserga, Ty Cc: Cherof, Jim; Mack, Andrew;Temple, Adam N.; Rumpf, Michael;Ty Eriks DMD (dreriksdmd@gmail.com) Subject: RE: 1320 S. Federal Highway I Project Update Thank you. urban Bradley Miller AICPI PRINCIPAL ti‘I n BMIIler§udsflorlda.com ' 610 Clematis Street Suite CUO2 West Palm Beach. FL 33401 561.366.1100 Office 561.703.5062 Direct From: LaVerriere, Lori<LaVerriereL@bbfl.us> Sent:Thursday, February 24, 2022 12:39 PM To: Bradley Miller<bmiller@udsflorida.com>; Grant,Steven <GrantS@bbfl.us>; Hay, Woodrow L. <HayW@bbfl.us>; Katz,Justin <KatzJr@bbfl.us>; Romelus, Christina <RomelusC@bbfl.us>; Penserga,Ty<PensergaT@bbfl.us> Cc:James A. Cherof Esq. -CITY OF BOYNTON BEACH (jcherof@cityatty.com) <jcherof@cityatty.com>; Mack,Andrew <MackA@bbfl.us>;Temple, Adam N. <TempleA@bbfl.us>; Rumpf, Michael<RumpfM@bbfl.us>;Ty Eriks DMD (dreriksdmd@gmail.com) <dreriksdmd@gmail.com> Subject: RE: 1320 S. Federal Highway I Project Update Good work by staff,you and the applicant Bradley. It appears to be a very workable solution. Lori LaVerriere City Manager oa Cc11(., Y o4... City Manager's Office Mailing Address: P.O. Box 310 I Boynton Beach, Florida 33425 _ Physical Address: 100 E. Ocean Ave. I Boynton Beach, Florida 33435 40:1 . Z. —'- o ` 561-742-6010 I i 561-742-6011 LP �L o N �� H LaVerriereL@bbfl.us I ® boynton-beach.org/ Follow us on Ini In ti 1 Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. From: Bradley Miller<bmiller@udsflorida.com> Sent:Thursday, February 24, 2022 12:36 PM To:Grant, Steven <GrantS@bbfl.us>; Hay, Woodrow L. <HayW@bbfl.us>; Katz,Justin <KatzJr@bbfl.us>; Romelus, Christina<RomelusC@bbfl.us>; Penserga,Ty<PensergaT@bbfl.us> Cc: LaVerriere, Lori<LaVerriereL@bbfl.us>;James A. Cherof Esq. -CITY OF BOYNTON BEACH (jcherof@citvattv.com) <icherof@citvattv.com>; Mack,Andrew<MackA@bbfl.us>;Temple, Adam N. <TempleA@bbfl.us>; Rumpf, Michael <RumpfM@bbfl.us>;Ty Eriks DMD (dreriksdmd@gmail.com) <dreriksdmd@gmail.com> Subject: 1320 S. Federal Highway I Project Update Mayor, Vice Mayor, Commissioners & Staff - I'm forwarding my email just sent to the neighbors to keep you in the loop of updates on this project. My biggest points for next week are that 1) Dr. Eriks is being more than accommodating to be a good neighbor and 2) both the prior plan and this new plan comply with code. We're looking forward to your support on 3/1. I will be reaching out to you individually, however if we don't connect and should you have any questions or comments prior to the hearing, please give me a call. Thank you. Urban Bradley Miller AICP I PRINCIPAL In BMlller�udsflorida.com I 610 Clematis Slract Suite CUO2 West Palm Beach. FL 33401 561.3661100 Office 561703.5062 Dire,.) From: Bradley Miller<bmiller@udsflorida.com> Sent:Thursday, February 24, 2022 12:24 PM To: Linda Morton<Ilmorton@bellsouth.net>; i.hoffberger@icloud.com; killian7k2@bellsouth.net; mary.killian@cbrealtv.com; crico12666@yahoo.com; tomhward58@gmail.com; kbeaumont@tgbk.com; gwolfden52@gmail.com; etitusk@aol.com; careyiean13@aol.com Cc:Ty Eriks DMD (dreriksdmd@gmail.com)<dreriksdmd@gmail.com>; Radigan,Amanda <radigana@bbfl.us>; Bencosme, Luis<bencosmel@bbfl.us>; Michael Rumpf-CITY OF BOYNTON BEACH (RumpfM@bbfl.us) <RumpfM@bbfl.us> Subject: 1320 S. Federal Highway I Project Update Neighbors- we have been working with City staff on ways to further address the comments and concerns raised at our prior meetings and most recently at the February 15 City Commission meeting. With the assistance of City staff, we've been able to make adjustments to the site plan that allows a reduction of required parking and one more parking space on site. Accordingly, the revised site plan that's attached eliminates the 3 northern most parking spaces on the south side of Riviera Drive which was a specific direction from Commissioner Penserga in his motion for postponement and will allow for turn around within the property from those 3 spaces. This will seem strange, but in order to reduce the required parking, the uses need to be a combined mix of office and retail. Here's why. The code has various options that will allow for a reduction to parking. Some of those options are not applicable to this site. The best option for this project is the Sustainability 2 Parking option, which reduces the parking rate based on certain uses. Those certain uses do NOT include a building with complete office uses. Therefore, per the Zoning Director's interpretation, we cannot use this section to use compact or motorcycle parking or reduce the parking requirement unless a component of retail use is reintroduced back into the project. The Zoning Director has also confirmed that the parking can be calculated based on the Gross Floor Area (which excludes unenclosed building area such as the stair wells) versus the Gross Building Area. Accordingly, the plan has been modified to reflect the"office-retail" use and parking based on Gross Floor Area. The proposed conditions have also been updated to correspond. You will see that the modified conditions now prohibit the uses that Dr. Snyder entered into the City Commission record, with the exception of a restaurant. After discussing these uses with City staff, the consensus is that having a small deli or the like would be complimentary to the office uses. Although, both the site plan that was originally submitted and the new proposed plan fully complies with code (less the building height exception), Dr. Eriks is recognizing your concerns and trying to accommodate as much as possible, but still protect his investment and development rights. He continues to be willing to limit the hours of operation for the office uses within the building from 8:00 am to 7:00 pm Monday— Saturday and control the roof top access. However, since he does not know who the actual retail user will be, he cannot agree to limiting the retail hours. You should also be aware that I and City staff took a hard look at other alternative layouts to try to get more spaces on site, including your suggestion of using angled spaces (see attached Concept H). But ultimately it was determined that several variances and substandard design standards would be required, to a point of being unsafe. Based on that, and knowing that the the original and now the modified site plans both comply with code, the standards required to approve the variances would NOT be met and therefore, could not be supported. Other positive changes since the last hearing that you should be aware of are, we have been able to eliminate the requirement of the sidewalk on the south side of Riviera Drive through a waiver granted by the City Engineer in response to your comments. Also, in regard to the 3 parking spaces on the south side or Riviera Drive, the City Engineer has also agreed to us adding a note to the Site Plan that will allow those 3 spaces to be shifted to the west when Snug Harbor proceeds with redesign of their project entry. I've attached the referenced code section on reduced parking, the latest revised site plan and the updated conditions for your review. Of course, feel free to email me with any follow up questions or comments. We certainly hope you will recognize the effort Dr. Eriks is making to be a good neighbor and we look forward to getting this resolved on March 1. Thanks again for your involvement. Urn Bradley Miller AICP I PRINCIPAL I ri�� 610 Clema',s �!reez Suite CUO2 West Palm Beach. FL 33401 561,366,1100 Oft= 551 703.5062 Direct From: Bradley Miller<bmiller@udsflorida.com> Sent: Friday, February 11, 2022 4:31 PM To: LCmorton@bellsouth.net; i.hoffberger@icloud.com; killian7k2@bellsouth.net; marv.killian@cbrealtv.com; crico12666@yahoo.com; tomhward58@gmail.com; kbeaumont@tgbk.com;gwolfden52@gmail.com; etitusk@aol.com; careyjean13@aol.com Cc:Ty Eriks DMD (dreriksdmd@gmail.com)<dreriksdmd@gmail.com>; marithedeen@outlook.com; Radigan, Amanda <radigana@bbfl.us>; Bencosme, Luis<bencosmel@bbfl.us> Subject: 1320 S. Federal Highway 3 Neighbors - as discussed last evening, please find attached letter and series of concept sketches. Sorry for the rough sketching. I'm hoping it's clear enough to follow with the explanation in the letter. The plans are to scale if printed at 11" x 17" paper size. There were a few email addresses that were difficult to read so I apologize if this did not make it to everyone but I hope it will be shared. I will be watching my email through the weekend if you have follow up questions/comments. Thank you. U bon Bradley Miller AICPI PRINCIPAL • I • n BMlllergudsflorida.com 61D GlematasStree; • 0 Suite CU02 West Palm Beach. FL 33401 561.366.1100 Office 561703.5062 Direct 4 Swanson, Lynn From: Bradley Miller <bmiller@udsflorida.com> Sent: Thursday, February 24, 2022 12:36 PM To: Grant, Steven; Hay, Woodrow L.; Katz, Justin; Romelus, Christina; Penserga, Ty Cc: LaVerriere, Lori; Cherof, Jim; Mack, Andrew;Temple, Adam N.; Rumpf, Michael; Ty Eriks DMD (dreriksdmd@gmail.com) Subject: 1320 S. Federal Highway I Project Update Attachments: 2022-02-22 Site Plan.pdf; 2022-02-22 Neighborhood Revisions H.pdf; 2022-03-01 Conditions.pdf; Sec. 3 Special Reduction in Required Parking.pdf Mayor, Vice Mayor, Commissioners & Staff - I'm forwarding my email just sent to the neighbors to keep you in the loop of updates on this project. My biggest points for next week are that 1) Dr. Eriks is being more than accommodating to be a good neighbor and 2) both the prior plan and this new plan comply with code. We're looking forward to your support on 3/1. I will be reaching out to you individually, however if we don't connect and should you have any questions or comments prior to the hearing, please give me a call. Thank you. Urban Bradley Miller AICP 1 PRINCIPAL VtcI n WMlerftudsflorida,coin 10 Suite CUA2 it ess. Pala Beach FL 32401 561.366.1100 Office 561,703,5062 Direct From: Bradley Miller<bmiller@udsflorida.com> Sent:Thursday, February 24, 2022 12:24 PM To: Linda Morton<llmorton@bellsouth.net>;j.hoffberger@icloud.com; killian7k2@bellsouth.net; mary.killian@cbrealty.com; crico12666@yahoo.com; tomhward58@gmail.com; kbeaumont@tgbk.com; gwolfden52@gmail.com; etitusk@aol.com; careyjean13@aol.com Cc:Ty Eriks DMD (dreriksdmd@gmail.com) <dreriksdmd@gmail.com>; Radigan, Amanda <radigana@bbfl.us>; Bencosme, Luis<bencosmel@bbfl.us>; Michael Rumpf-CITY OF BOYNTON BEACH (RumpfM@bbfl.us) <RumpfM@bbfl.us> Subject: 1320 S. Federal Highway I Project Update Neighbors- we have been working with City staff on ways to further address the comments and concerns raised at our prior meetings and most recently at the February 15 City Commission meeting. With the assistance of City staff, we've been able to make adjustments to the site plan that allows a reduction of required parking and one more parking space on site. Accordingly, the revised site plan that's attached eliminates the 3 northern most parking spaces on the south side of Riviera Drive which was a specific direction from Commissioner Penserga in his motion for postponement and will allow for turn around within the property from those 3 spaces. This will seem strange, but in order to reduce the required parking, the uses need to be a combined mix of office and retail. Here's why. The code has various options that will allow for a reduction to parking. Some of those options are not applicable to this site. The best option for this project is the Sustainability Parking option, which reduces the parking rate based on certain uses. Those certain uses do NOT include a building with complete office uses. Therefore, per the Zoning Director's interpretation, we cannot use this section 1 to use compact or motorcycle parking or reduce the parking requirement unless a component of retail use is reintroduced back into the project. The Zoning Director has also confirmed that the parking can be calculated based on the Gross Floor Area (which excludes unenclosed building area such as the stair wells) versus the Gross Building Area. Accordingly, the plan has been modified to reflect the"office-retail" use and parking based on Gross Floor Area. The proposed conditions have also been updated to correspond. You will see that the modified conditions now prohibit the uses that Dr. Snyder entered into the City Commission record, with the exception of a restaurant. After discussing these uses with City staff, the consensus is that having a small deli or the like would be complimentary to the office uses. Although, both the site plan that was originally submitted and the new proposed plan fully complies with code (less the building height exception), Dr. Eriks is recognizing your concerns and trying to accommodate as much as possible, but still protect his investment and development rights. He continues to be willing to limit the hours of operation for the office uses within the building from 8:00 am to 7:00 pm Monday— Saturday and control the roof top access. However, since he does not know who the actual retail user will be, he cannot agree to limiting the retail hours. You should also be aware that I and City staff took a hard look at other alternative layouts to try to get more spaces on site, including your suggestion of using angled spaces (see attached Concept H). But ultimately it was determined that several variances and substandard design standards would be required, to a point of being unsafe. Based on that, and knowing that the the original and now the modified site plans both comply with code, the standards required to approve the variances would NOT be met and therefore, could not be supported. Other positive changes since the last hearing that you should be aware of are, we have been able to eliminate the requirement of the sidewalk on the south side of Riviera Drive through a waiver granted by the City Engineer in response to your comments. Also, in regard to the 3 parking spaces on the south side or Riviera Drive, the City Engineer has also agreed to us adding a note to the Site Plan that will allow those 3 spaces to be shifted to the west when Snug Harbor proceeds with redesign of their project entry. I've attached the referenced code section on reduced parking, the latest revised site plan and the updated conditions for your review. Of course, feel free to email me with any follow up questions or comments. We certainly hope you will recognize the effort Dr. Eriks is making to be a good neighbor and we look forward to getting this resolved on March 1. Thanks again for your involvement. urban Bradley Miller AICP] PRINCIPAL In BMiller( udsflorida.corn 610 Clema;rs Street 10 Suite CU02 West Palm Beach. FL 33401 561.366.1100 Office 561.703.5062 Direct From: Bradley Miller<bmiller@udsflorida.com> Sent: Friday, February 11, 2022 4:31 PM To: LCmorton@bellsouth.net; j.hoffberger@icloud.com; killian7k2@bellsouth.net; marv.killian@cbrealtv.com; crico12666@vahoo.com;tomhward58@gmail.com; kbeaumont@tgbk.com;gwolfden52@gmail.com; etitusk@aol.com; careviean13@aol.com Cc:Ty Eriks DMD (dreriksdmd@gmail.com)<dreriksdmd@gmail.com>; marithedeen@outlook.com; Radigan, Amanda <radigana@bbfl.us>; Bencosme, Luis<bencosmel@bbfl.us> Subject: 1320 S. Federal Highway 2 Neighbors - as discussed last evening, please find attached letter and series of concept sketches. Sorry for the rough sketching. I'm hoping it's clear enough to follow with the explanation in the letter. The plans are to scale if printed at 11" x 17" paper size. There were a few email addresses that were difficult to read so I apologize if this did not make it to everyone but I hope it will be shared. I will be watching my email through the weekend if you have follow up questions/comments. Thank you. Ur fl Bradley Miller AICPI PRINCIPAL gtdI n BMIlleraudsflorida.com 610 Clema:s S:reCt 10 Suite CU02 West Palm Beach. FL 33401 561.366.1100 Office 561 703.5062 Direct 3 r. • • Conlir.@encY Parking Key Location mop WI .ry.. — . ,o,. emmc,. $ MILLER f__ _ _.. L �, . .omec.u.wm.,a LAND • -1 .a ,n--�-- _----- — PLANNING.INC. be.-7-- •-f.1....." I i .. l� 614 e...For KJ.14.501,,OLCIICS LI, lobular DO, FORT LAVCOMME FL = 10,41 ....Wow.... .....,,m...m. MINIMMINIM ! ,,,,,,,„„ 7....."..7:::„ v.. • t,t-.T.N.,‘••;`,' ,•t-''_-_ so,. 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I...PMnw«a1v®1 I tom„... ..,905.E OopN..'"M.Xas..... ..Mort...s'.:.... a".. ! ...V..y e.. ...''', ....o,......,...v...... ..s.arm.wea........yee,.....tw....... SITE PLAN i • • VALVE FLU:OC I PROPOSED Zon:C-1- RETAINING WALL Ex:One Story Off ke WATER METER (1'INSIDE Condo BuildingPROPERTY) I.- ^ BACKL FLOW STOP EX.TREE PREVENTER 2.0'INTERIOR ,• • __—• WELL TYP. Q7.. .7 SIDE SB 1.0' _ v �° 589"1 T 31"W 273.15' ,I• EX I �:6!If' ��-^ ;VIII "" 5.0'BFFER —_. ANSN����,q�34 6.0'FPL UE PER ORB 2023,PG.72 TO BE ABANDONED •I "�,,� � _ 5.0' \ PRE2.5'OVERHANG Iw w rte. L ! II 12.0' `'' 12• 113S \''''-js g'A \ O� R5.0' 'g ('; VALT�VES L tg 11 :•_ GRbSS �a�� PF`,, UTILITY—F- I �: I •i DG OVERHANG / POLE o 1 -0.0 i BUILDING :. /_MItlias' .; VAY ER vi RI -F�J��4t,'e 10,898 SF kiJw /rR30.r MIN. \ I — // / T im 1 11 n ai 21 ••")•,I,I,� I�i�� 20.0' 0.0'� 1 s , F'10.o' /, R' Ct ��,�,�J�� �< I�7 / 85„�9, 8y R25.o' OSP CB II••II IIIIIJV. R15.0 - 7,5 / ��O UkDING I'►�•��� :.„3;;t, P / RHANG i'Y ,�,IJIJ.• Y' 15.V 5.0' tIotre STRIAN F-yr��� / titoisiti 4' M \ 160' P / 51!G iiii It aCURB ���� '"/ tt — ` -- -- Ooh / INLET TER/ ',��1W Y ' --• ' A /p( AGE llliNkt 0Y4'U4 4.3' IDE tr. •\•' 94j WATER. C�,4 R • ';iv-4 WS -. r / VALVE ;��� SIG TRIANGLE �,,,,, 7 8' R35.0'I ' / FLU:HDR `` oft09 •FH F • c _ • • -�5.0.'•SID F)LK / Zon:R1AA ° I� STOP / Ex:Vacant Open Space SIGN A / I — BOX — RIVIERA DRI LE / ,, Z' a I ASPHALT ROADWAY j/ 8 I NO OUTLET SIGN SPEED LIMIT �,/ SIGN -i__ A _ GAS LINE MARKER _ _ L S STREET ' SIGN FLU:HDR PARALLELTTO • BE RELOCATED DRIVEWAY O THE WEST Zon:R3 _E{ tPEDESTRIAN Ex:Snug Harbor Gardens TO SNUG HARBOR BE MODIFIED E SIGN SING Condo/VBlas 72. g Applicant Conditions - Revised 1. The building is prohibited from having the following uses: bars, breweries, taprooms, micro-breweries, beverage manufacturing, wine bars, distilleries, wineries, liqueur stores, kava bars, vape shops, hookah bars, entertainment/music venues, sober homes, drug/alcohol treatment centers, tattoo parlors. 2. Operating business hours for office uses within the building are limited to 8:00 am to 7:00 pm, Monday to Saturday. 3. Access and use of the roof top is to be controlled by the property owner and only used by employees of the tenants of the building during business hours and for service of mechanical equipment or structure. 4. Upon full occupancy of the building, the owner and tenants will be responsible to instruct employees to park in the on-street spaces for less frequent activity on the street and to allow more spaces on site for patrons/customers. 5. Prior to issuance of a certificate of occupancy, the property owner shall contribute $2,500 to Colonial Center for the installation/relocation of one project sign. 6. Prior to issuance of certificate of occupancy, the property owner shall contribute $2,500 to the Riviera Drive residents for the installation/relocation of one project sign. 7. During site development, the property will be fenced to deter access and regularly maintain litter and debris. 8. During site development, construction vehicles are to be instructed to turn around on the subject property. ut n 2/21/2022 glV 9/20/21,5:41 PM https://export.amlegal.com/api/export-requests/a42e0161-100f-4173-9246-102a205cfd29/download/ Sec. 3. Special Reductions in Required Off-Street Parking. The following provisions to reduce the number of required off-street parking spaces shall be utilized individually and not in conjunction with each other or with any other provisions to reduce parking within this article. NOTE: Calculation of needed handicap accessible off-street parking spaces shall be pursuant to the base parking requirements and not based on the reduced parking requirements described by this section for which a project may be eligible (also see Section 5 below regarding Handicap Accessible Off-Street Parking). A. Minimum Parking (Five Percent(5%) Reduction). For all non-residential uses, the total number of required off-street parking spaces may be reduced by up to five percent (5%) of the standard number of required parking spaces for the use(s) to which they are assigned. 1. Applicability. This provision to reduce the standard number of required parking spaces shall only apply when the following conditions are met: a. The reduction in the number of parking spaces shall not cause the development to be noncompliant with Section 2.A. above; b. Shall only apply to non-residential uses; and c. Shall not be applied in conjunction with other provisions to reduce the number of required off- street spaces pursuant to this article. 2. Criteria. The following criteria shall be used in the evaluation of a request to reduce the standard number of required parking by five percent (5%): a. Landscaped areas within off-street parking areas shall be maximized and enhanced, and existing plant material, particularly mature shade trees should be preserved to the maximum extent possible, to help reduce ground-level absorption of solar radiation; b. Impervious surfaces shall be minimized; and c. Pedestrian connections shall be enhanced. 3. Methodology. Where the reduction in the number of required parking spaces as computed includes a fraction, the reduced number of parking spaces shall be the computed number rounded down to the lowest whole number. B. Joint Access/Parking. In all districts, when two (2) or more abutting properties combine their on- site parking with common access drives and interconnectivity for both vehicular and pedestrian use, the total number of required parking spaces may be reduced by ten percent (10%). A review for this type of parking reduction shall be conducted by staff upon the submittal of a cross-parking agreement between property owners in conjunction with a request for a new site plan or site plan modification in accordance with Chapter 2, Article II, Section 2.F. C. Shared Parking. Mixed use developments may utilize the following required parking methodologies based upon shared parking with different hours of use. The total requirement for off- street parking spaces shall be the highest of the requirement of the various uses computed for the following five (5) separate time periods: weekdays (daytime, evening), weekends (daytime, evening) and nighttime. For the purpose of calculating the requirement of the various uses for the various separate time periods, the percent of parking required shall be calculated and certified by a licensed traffic engineer using "Shared Parking, Second Edition", U.L.I., 2005, or other acceptable methodology. Quantitative evidence may also include, where appropriate, field studies and traffic counts prepared by a traffic consultant experienced in the preparation of parking studies. In addition, a minimum buffer of ten percent (10%) shall be provided to ensure that a sufficient number of parking spaces are https://export.amlegal.com/api/export-requests/a42e0161-100f-4173-9246-102a205cfd29/download/ 1/4 9/20/21,5:41 PM https://export.amlegal.com/api/export-requests/a42e0161-100f-4173-9246-102a205cfd29/download/ available at the peak hour/peak season of parking demand. Calculation of said buffer shall be based on the total number of parking spaces determined to be required at the peak hour/peak season of parking demand. Evidence for joint allocation of required parking spaces shall be reviewed for accuracy and appropriateness. D. Martin Luther King Boulevard Overlay Zone. Parking space requirements shall be calculated in accordance with Section 2 above. Any required parking for non-residential uses shall be reduced by fifty percent (50%). E. Payment in Lieu of Parking. The payment in lieu of parking option is applicable within the central business district (hereinafter CBD) and those areas described under Section 4, "Exceptions to Providing Required Off-Street Parking," A. "Adaptive Re-Use," below. 1. Applicability. Within these areas at the time of any new building construction, off-street parking spaces shall be provided as required by this article and Chapter 3, Article III, Section 3.E. 2. Fee (Method of Assessment). Up to ten percent (10%) of the required parking for new construction and twenty-five percent (25%) of the parking required under the adaptive re-use provisions below in Section 4, as set forth in this subsection, may be satisfied in whole or part by the payment of a non-refundable parking improvement fee in lieu of the provisions of the required off- street parking spaces. Parking improvement fees shall be assessed as follows: The engineer for the applicant shall submit a signed and sealed cost estimate for the construction of structured parking spaces. The estimate shall be broken down by individual spaces, including design, land, and construction cost. If necessary, an outside professional may be retained by the city to review the applicant's cost estimate. The applicant shall pay the retainer fees associated with the review of the cost estimate by the city's consultant. Once reviewed and accepted by the City Engineer or designee, the parking improvement fee in the amount of one hundred ten percent (110%) of the estimate shall be paid to the city in full, prior to the issuance of the first building permit for the project. Parking improvement fees shall be paid into the City of Boynton Beach Parking Trust Fund, and are subject to use by the city for parking related improvements in the geographic areas to which this subsection applies. 3. Additional Requirements. Whenever a payment in lieu of parking is authorized and accepted, the following additional requirements shall apply: a. Any off-street parking arrangement satisfied in this manner shall run with the land, and any subsequent change of use which requires more parking shall require recalculation of the payment in lieu of parking fee. b. No refund of payment shall be made when there is a change to a use requiring less parking. 4. Parking Trust Fund. In addition to land acquisition and the construction of parking spaces, the funds collected may be used to inform the public about parking resources or transit programs, as well as to promote alternative programs intended to alleviate parking congestion, such as the use of a trolley or shuttle system or the construction of bicycle lane facilities. F. Cultural District Overlay. See Chapter 3, Article III, Section 8.D. for additional off-street parking provisions regarding the Cultural District Overlay. G. Parking Reductions for Sustainability. To promote or recognize sustainable design or operation, including increased pervious area, reduced parking fields, promotion of mass transit and uses of renewable energy sources, lower parking requirements will be granted to eligible developments as follows: Use I Minimum Number of Required https://export.amlegal.com/api/export-requests/a42e0161-100f-4173-9246-102a205cfd29/download/ 2/4 9/20/21,5:41 PM https://export.amlegal.com/api/export-requests/a42e0161-1001-4173-9246-102a205cfd29/download/ Parking Spaces 1 Building area is based on gross floor area unless specifically expressed otherwise. Efficiency or one (1)-bedroom apartment 1.33 Two (2) or more bedroom apartment 1.66 Shopping center 1 per 250 Office - Retail complex 1 per 250 Grocery store 1 per 250 (Reserved) (Reserved) 1 Only represents the base minimum parking rations. Other requirements may also apply including parking for guests and recreation area as describe in other sections of the Land Development Regulations. 1. Applicability. Eligible developments must be able to provide sustainable design and operation, and, except where noted below, must be located within one-half (1/2) mile from a regional transportation facility (e.g. Transit Area), or within five hundred (500) feet of a bus stop with direct access to a regional transportation facility, measured from property line to property line. 2. Application and Development Requirements. Requests for parking reduction must occur at time of site plan review, and must include a parking demand study prepared by a professional engineer and/or based on findings from an existing development or other comparable projects experienced by the applicant that include, in part, projects designed to meet lower parking requirements as allowed by this section. The study must provide evidence that the project would not be deficient of parking, that the reduced ratios would not adversely affect the project in any way, or increase the demand for parking spaces upon public streets in the immediate vicinity, or would not increase the demand for parking spaces on private properties in the immediate vicinity unless in conjunction with an approval for shared parking pursuant to city regulations. Eligible applicants must demonstrate that proposed parking design or resources would be adequate, and shall satisfy the following requirements meeting sustainable design and operation (where basic mathematical calculations are involved, rounding will be based on the traditional mathematical rule): a. Describe, in quantifiable terms, how the project provides an increase in green space (pervious area) which otherwise would be paved for parking spaces, or how the proposed project provides a lower urban heat island effect if the proposed development is an urban infill or redevelopment project. At minimum, the elements to be included for compliance are all building roofs, parking and other hard surfaces, and tree canopies. b. Accommodate fuel efficient vehicles through provision of covered and well-illuminated locations with apparatus for parking and locking of bikes and low-powered mopeds and scooters, and designated spaces for motorcycles and compact vehicles. Covered storage facilities shall be located on the project site in close proximity to the destination of the residents, employees, or visitors. c. No more than three percent (3%) of the required parking spaces are represented by spaces dedicated to motorcycles, which should be covered as an incentive for use. d. No more than ten percent (10%) of the required parking spaces are represented by spaces dedicated to compact vehicles, and disbursed throughout the project to maximize accessibility and convenience. e. Provide efficiency in parking design including consideration for space-conserving tandem spaces when functionally feasible. https://export.amlegal.com/api/export-requests/a42e0161-1001-4173-9246-102a205cfd29/download/ 3/4 9/20/21,5:41 PM https://export.amlegal.com/api/export-requests/a42e0161-100f-4173-9246-102a205cfd29/download/ f. Provide vehicle charging stations and dedicated spaces for at minimum Level 2 charging power (one (1) per fifty (50) dwelling units and one (1) per every fifty thousand (50,000) square feet for non-residential developments in excess of seventy-five thousand (75,000) square feet). g. Design for maximized pedestrian interconnectivity for internal circulation and efficient ingress and egress minimizing travel distance for pedestrians and bike/moped/scooter riders. h. Include a parking contingency plan to show areas on the proposed site plan where parking spaces may be added in the event that a shortage is subsequently realized for average daily parking demand. If such future spaces do not equal or exceed the total deficiency determined by the standard parking requirements for the use, provide operational rules, procedures or strategies at time of site plan approval to off-set the realized deficiency. i. Facilitate a ride-sharing/car pool program by screening, recording and maintaining participants' travel destination information, schedules and routes for controlled access by residents and employees. j. Maintain bus and train schedules in the management office, accessible to residents and employees. The management shall designate employees who will maintain and distribute schedule and route information enabling them to advise residents and employees as necessary. k. Consider a shuttle service/program providing transportation to the nearest transit facility, whether as an incentive or fee-based. Residents should be polled for interest. I. Include marketing goals and practices targeting residents who work atypical shifts, including incentives for those in fields such as law enforcement, medical, security, etc. m. Provide the following information to residents at time of lease, and post it on a permanent sign visible from a common location and at entry to the management office: "This development offers sustainable living (or working) environment that facilitates a reduction in required parking spaces while accommodating bikes, low-powered mopeds and scooters, motorcycles, compact vehicles and electric vehicles. Contact the management for further information". n. Establish and implement operational rules that regulate the maximum number of vehicles per unit, provide incentives for minimizing total vehicles and maximizing compact and electric vehicles, and restrict where lesser used vehicles such as recreational, work, or utility vehicles and equipment can be parked or stored. Incentives shall be provided for single vehicle households or to those regularly using or dependent on public transportation. o. Implement an operational rule prohibiting operators, residents, employees, visitors, etc. from using any parking space, including interior garage spaces, for any purpose other than for the temporary parking of vehicles as intended and designed for the project. p. Consent to providing a report containing evidence of continued compliance with the requirements herein upon request by the city. (Ord. 10-025, passed 12-7-10; Am. Ord. 11-002, passed 3-1-11; Am. Ord. 13-013, passed 6-4-13; Am. Ord. 14-020, passed 10-7-14; Am. Ord. 16-015, passed 7-5-16; Am. Ord. 19-033, passed 10-1-19) https://export.amlegal.com/api/export-requests/a42e0161-100f-4173-9246-102a205cfd29/download/ 4/4 Swanson, Lynn From: Carey J. Snyder <careyjean13@aol.com> Sent: Friday, February 25, 2022 1:50 PM To: bmiller@udsflorida.com; Ilmorton@bellsouth.net;j.hoffberger@icloud.com; killian7k2 @bellsouth.net; mary.killian@cbrealty.com; crico12666@yahoo.com;tomhward58 @gmail.com; kbeaumont@tgbk.com; gwolfden52@gmail.com; etitusk@aol.com Cc: dreriksdmd@gmail.com; Radigan, Amanda; Bencosme, Luis; Rumpf, Michael; Carey J. Snyder; Romelus, Christina; Penserga, Ty; Hay, Woodrow L.; Katz, Justin; Grant, Steven; court@redbarad.com; saradon48@gmail.com; LaVerriere, Lori; Cherof, Jim Subject: Re: 1320 S. Federal Highway I Project Update/ Response to Bradley Miller on proposed changes to uses and hour of operation Attachments: 2022-02-15 Applicant Conditions Rev. 1 (1).docx Mr. Miller: Thank you for your hard work, email sent below on 2/24/2022, and 4 corresponding attachments sent with your email. This is written specifically in response to your 2/24/22 message about possibly changing potential uses and hours of operation. On February 10, 2022, we (representatives of the 3 neighborhoods) met with you and Dr. Eriks, in good faith, and you presented that the uses for 1320 S Federal HWY would be solely Medical/Dental and Business Professional Offices (see attachment). You also stated that the hours of operation would be 8 am-7 pm, Monday through Saturday. These two verbatim conditions were also memorialized in the official record at the City Commission Meeting on February 15, 2022. Please see the attached document that you so kindly offered. We were pleased with these two 2/10/22 conditions, specifically, for they are more compatible with the residential nature and history of our neighborhood and the long-standing office complex uses, next door at Colonial Center. Now, as of 2/24/22, you are suggesting to again change the proposed uses back to add mixed use/ retail. And, you are suggesting to allow restaurants and take-out restaurants with no control on hours or days of operation in the building. We do not want night time hours and want to continue with office uses only and the limited weekend hours, with Sunday closed. Also,when a restaurant is a use, a dumpster is required in the City Code; we have said from the start that "we do not want to have to deal with dumpster noise and garbage blowing around from it". And, Mr. Miller, you have stated that there would be no dumpster use associated with this building. ****We would like to maintain the previously agreed upon uses and hours of operation as stated on 2/10/22 and documented on 2/15/22 as: Medical/Dental Office and Business/Professional Office with hours of Monday to Saturday from 8 am to 7 pm, max.* At the meeting on 2/15/22, the Commission directed that the parking issue be addressed by consultant and staff, not that the uses and hours be changed. I understand why you are proposing use changes, but it is not acceptable, given the residential character and history of our neighborhood. Thank you again so very much for working so well together, and we look forward to continuing to do so,while having the aforementioned, (previously agreed upon) upheld and memorialized going forward in the official site plan as conditions of site plan approval. Respectfully submitted, Carey Snyder Resident of Riviera Drive Original Message From: Bradley Miller<bmiller@udsflorida.com> To: Linda Morton <llmorton@bellsouth.net>;j.hoffberger@icloud.com <j.hoffberger@icloud.com>; killian7k2@bellsouth.net<killian7k2@bellsouth.net>; mary.killian@cbrealty.com <mary.killian@cbrealty.com>; crico12666@yahoo.com <crico12666@yahoo.com>; tomhward58@gmail.com <tomhward58@gmail.com>; kbeaumont@tgbk.com <kbeaumont@tgbk.com>; gwolfden52@gmail.com <gwolfden52@gmail.com>; etitusk@aol.com <etitusk@aol.com>; careyjean13@aol.com <careyjeanl 3@aol.com> Cc: Ty Eriks DMD (dreriksdmd@gmail.com)<dreriksdmd@gmail.com>; Radigan, Amanda <radigana@bbfl.us>; Bencosme, Luis <bencosmel@bbfl.us>; Michael Rumpf- CITY OF BOYNTON BEACH (RumpfM@bbfl.us) <RumpfM@bbfl.us> Sent: Thu, Feb 24, 2022 12:23 pm Subject: 1320 S. Federal Highway I Project Update Neighbors - we have been working with City staff on ways to further address the comments and concerns raised at our prior meetings and most recently at the February 15 City Commission meeting. With the assistance of City staff, we've been able to make adjustments to the site plan that allows a reduction of required parking and one more parking space on site. Accordingly, the revised site plan that's attached eliminates the 3 northern most parking spaces on the south side of Riviera Drive which was a specific direction from Commissioner Penserga in his motion for postponement and will allow for turn around within the property from those 3 spaces. This will seem strange, but in order to reduce the required parking, the uses need to be a combined mix of office and retail. Here's why. The code has various options that will allow for a reduction to parking. Some of those options are not applicable to this site. The best option for this project is the Sustainability Parking option, which reduces the parking rate based on certain uses. Those certain uses do NOT include a building with complete office uses. Therefore, per the Zoning Director's interpretation, we cannot use this section to use compact or motorcycle parking or reduce the parking requirement unless a component of retail use is reintroduced back into the project. The Zoning Director has also confirmed that the parking can be calculated based on the Gross Floor Area (which excludes unenclosed building area such as the stair wells) versus the Gross Building Area. Accordingly, the plan has been modified to reflect the "office-retail" use and parking based on Gross Floor Area. The proposed conditions have also been updated to correspond. You will see that the modified conditions now prohibit the uses that Dr. Snyder entered into the City Commission record, with the exception of a restaurant. After discussing these uses with City staff, the consensus is that having a small deli or the like would be complimentary to the office uses. Although, both the site plan that was originally submitted and the new proposed plan fully complies with code (less the building height exception), Dr. Eriks is recognizing your concerns and trying to accommodate as much as possible, but still protect his investment and development rights. He continues to be willing to limit the hours of operation for the office uses within the building from 8:00 am to 7:00 pm Monday—Saturday and control the roof top access. However, since he does not know who the actual retail user will be, he cannot agree to limiting the retail hours. You should also be aware that I and City staff took a hard look at other alternative layouts to try to get more spaces on site, including your suggestion of using angled spaces (see attached Concept H). But ultimately it was determined that several variances and substandard design standards would be required, to a point of being unsafe. Based on that, and knowing that the the original and now the modified site plans both comply with code,the standards required to approve the variances would NOT be met and therefore, could not be supported. Other positive changes since the last hearing that you should be aware of are, we have been able to eliminate the requirement of the sidewalk on the south side of Riviera Drive through a waiver granted by the City Engineer in response to your comments. Also, in regard to the 3 parking spaces on the south side or Riviera Drive, the City Engineer has also agreed to us adding a note to the Site Plan that will allow those 3 spaces to be shifted to the west when Snug Harbor proceeds with redesign of their project entry. I've attached the referenced code section on reduced parking, the latest revised site plan and the updated conditions for your review. Of course, feel free to email me with any follow up questions or comments. We certainly hope you will recognize the effort Dr. Eriks is making to be a good neighbor and we look forward to getting this resolved on March 1. Thanks again for your involvement. 2 u_ ban Bradley Miller AICP I PRINCIPAL • w- • n BMoller&udsflorida.com 610 Clematis Street II 0 Suite CU02 West Palm Beach. FL 33401 561,366,1100 Office 551 703.5062 Direct From: Bradley Miller<bmiller@udsflorida.com> Sent: Friday, February 11, 2022 4:31 PM To: LCmorton@bellsouth.net;j.hoffberger@icloud.com; killian7k2@bellsouth.net; mary.killian@cbrealty.com; crico12666@yahoo.com; tomhward58@gmail.com; kbeaumont@tgbk.com; gwolfden52@gmail.com; etitusk@aol.com; careyjean13@aol.com Cc: Ty Eriks DMD (dreriksdmd@gmail.com) <dreriksdmd@gmail.com>; marithedeen@outlook.com; Radigan, Amanda <radigana@bbfl.us>; Bencosme, Luis <bencosmel@bbfl.us> Subject: 1320 S. Federal Highway Neighbors - as discussed last evening, please find attached letter and series of concept sketches. Sorry for the rough sketching. I'm hoping it's clear enough to follow with the explanation in the letter. The plans are to scale if printed at 11" x 17" paper size. There were a few email addresses that were difficult to read so I apologize if this did not make it to everyone but I hope it will be shared. I will be watching my email through the weekend if you have follow up questions/comments. Thank you. Urban Bradley Miller AICPI PRINCIPAL BMll leve udsftorlda.com I 610 Clematis Street Suite CU02 West Palm Beach. FL 33401 561.366,1100 Office 551 703.506Direct 3 1320 S. Federal Voluntary Applicant Conditions February 15, 2022 - Updated 1. Use of the building is limited only to Medica/Dental Office and Business Professional Office. 2. Operating business hours for all uses within the building are limited to 8:00 am to 7:00 pm., Monday to Saturday, closed on Sundays. 3. Access and use of the roof top is to be controlled by the property owner and only used by employees of the tenants of the building during business hours and for service of mechanical equipment or structure. 4. Upon full occupancy of the building, the owner and tenants will be responsible to instruct employees to park in the on-street spaces for less frequent activity on the street and to allow more spaces on site for patrons and customers. 5. Prior to issuance of a certificate of occupancy, the property owner shall be responsible for the permitting and relocation or installation of one sign for Colonial Center. 6. Prior to issuance of certificate of occupancy, the property owner shall be responsible for the permitting and installation of one sign at the entrance to the single-family community to identify the community and have verbiage to deter additional traffic. 7. During site development, the property will be fenced to deter access and regularly maintain litter and debris. 8. During site development, construction vehicles are to be instructed to turn around on the subject property. Kew,v w- 4- tr. 1320 S. Federal 3/I/'a-az cOrimiss,(9n Voluntary Applicant Conditions JJ February 15, 2022 - Updated • 1. Use of the building is limited only to Medica/Dental Office and Business Professional Re_ir,s4 Office. 2. Operating business hours for all uses within the building are limited to 8:00 am to 7:00 pm., Monday to Saturday, closed on Sundays. 3. Access and use of the roof top is to be controlled by the property owner and only used by employees of the tenants of the building during business hours and for service of mechanical equipment or structure. 4. Upon full occupancy of the building, the owner and tenants will be responsible to instruct employees to park in the on-street spaces for less frequent activity on the street and to allow more spaces on site for patrons and customers. 5. Prior to issuance of a certificate of occupancy, the property owner shall be responsible for the permitting and relocation or installation of one sign for Colonial Center. 6. Prior to issuance of certificate of occupancy, the property owner shall be responsible for the permitting and installation of one sign at the entrance to the single-family community to identify the community and have verbiage to deter additional traffic. 7. During site development, the property will be fenced to deter access and regularly maintain litter and debris. 8. During site development, construction vehicles are to be instructed to turn around on the subject property. tiSeS Side kit S 14-eSeA re - /ti o� '% fr4 �© ri41 7i, 14e5-(4- ozr ZAS ZZ Applicant Conditions - Revised 3/11 ZZ 1 . The building is prohibited from having the following uses: bars, breweries, taprooms, micro-breweries, beverage manufacturing, wine bars, distilleries, wineries, liqueur stores, kava bars, vape shops, hookah bars, entertainment/music venues, sober homes, drug/alcohol treatment centers, tattoo parlors. 2. Operating business hours for office uses within the building are limited to 8:00 am to 7:00 pm, Monday to Saturday. 3. Access and use of the roof top is to be controlled by the property owner and only used by employees of the tenants of the building during business hours and for service of mechanical equipment or structure. 4. Upon full occupancy of the building, the owner and tenants will be responsible to instruct employees to park in the on-street spaces for less frequent activity on the street and to allow more spaces on site for patrons/customers. 5. Prior to issuance of a certificate of occupancy, the property owner shall contribute $2,500 to Colonial Center for the installation/relocation of one project sign. 6. Prior to issuance of certificate of occupancy, the property owner shall contribute $2,500 to the Riviera Drive residents for the installation/relocation of one project sign. 7. During site development, the property will be fenced to deter access and regularly maintain litter and debris. 8. During site development, construction vehicles are to be instructed to turn around on the subject property. 2/21/2022 3/1/2022 1320 South Federal Hwy PARKING • During week of 2/21/22, staff analysis revealed that stairwells occupy 402 SF that does not count toward parking requirement calculations. • Therefore, subtract 134 SF from each floor: • Floor 1 : 2820 SF (Business/Professional Office) - 134 SF 2686 / *300 = 8.95 spaces • Floor 2: 4039 SF (Business/Professional Office) - 134 SF 3905 / *300. +13.02 spaces 21 .97 (SUBTOTAL) • Floor 3: 4039 SF (Dental/Medical Office) - 134 SF 3905 / *200 (Dental Office) -}- 19.52 spaces 41 .49 spaces = 41 SPACES • Site plan (in your packet) shows prior parking design: • 18 spaces on north side of property • 11 spaces on south side of property • 7 spaces in middle as parallel spaces 36 spaces + 1 space (motorcycle) needs to be added-if permissible 37 SUBTOTAL ** + 2 spaces (added in northeast corner of property) 39 SUBTOTAL ** + 2 (Variance) 41 TOTAL `Article V (City Code), Section 2.C, Table 4-18 (see attached matrix) —See photo from PNC Bank (one block south on Federal Hwy) • Move green space to other "holes" on site and saved green space (25' right-of-way) on both sides of Riviera Drive by no parallel parking. • Grant exception/variance on two spaces. CCI Contingency Parking _ _ _ .g..m..4. / sir v 3,w zn.krAI _ II 10111 r--, ; _ �, '° ' ; � , ; I , tt. 1% i um J �. ...+ L J - - L_ _J 7 —LLD(/OYFMwIa ..�/ :IT— . ---1———4 — �� ,Ll M060a11-1: '0 ul iv, X 1 ' "11111 -.1 � w.es�' 36 5P CES r - alliiipw.lik ' , ' l V -mid y:i8 _ _ - . �.,' � y 1111 1/ �.- v .� 1, ii -... ' ..��I/ - IIC�OICC V Sill J ,11 - ilk _ rilt,„-.,(4 W- j .( • I d .1 y• am' . C lir. ,. w .i‘ ♦ 10., - r. ••ri f ii° S c,• t., .` ., ' .1.. •� ♦, / . a c r. • i#.. ,',•'vf,•j • , if'"�: ' r - ► r I i ••• I ARTICLE V.MINIMUM OFF-STREET PARKING REQUIREMENTS Sec. 2. Standards. ' i li II C. Table 4-18. Commercial and Offiee&Health Care Uses. Where a use is located in a shopping center,office building, or office-retail complex,the parking space requirement for the shopping center,office building,or office-retail complex in which it is located shall apply;except th't where a theater is located in a shopping center the parking space requirement for theaters shall apply for the seating or gr 'ss floor area of the theater(see"theater" in Section 3.D.below). I Commercial and Office& Health Care Uses Standard Number of Required Parking Spaces Per square feet(unless expressed otherwise) Building area is based upon gross floor area(in square feet)unless specifically expressed otherwise. Any non-residential use(minimum): I . 4 or 1 per 200,whichever is greater' Shopping center: 1 per 200 Office-retail complex: 1 per 200 Restaurant: 1 per 2.5 seats(no less than 1 per 100)2-- Brewpub: 1 per 2.5 seats(no less than 1 per 100)2 Restaurant,Take Out": 1 per 300 Bar& night club: 1 per 2.5 seats (no less than l per 100) Tap-room: I l per 2.5 seats (no less than 1 per 100) Micro-Brewery,Micro-Winery,Micro-Distillery: 1 per 500 of manufacturing area and 1 per 2.5 seats (no less than 1 Der 100) for remaining 1 gross square footage. Gasoline station__ _ 1 per 250' _ _ Grocery store: 1 per 200 Auto car wash(polishing,waxing, detailing) Automated(no employees): N/A Full-service: 4 per tunnel' Auto car wash, self-service bay: 2 per bay Auto/motorcycle/truck, trailer, rep. vehicle 1 per 5005 sales/rental: II , Automotive,repair major and minor 1 per 250' Automotive,repair(paint and body shops only): 1 per 3008 Boat dealer/rental: 1 per 5006 Coin-operated laundry or dry cleaner: 1 1 per 250 Copying,printing,or sign design: 1 per 300 Funeral home: i ! 1 per 200 Pet care: I 1 1 1 per 300 Bank and financial office: 1 per 250 v` FK Medical or dental office, imaging/testing: I per 200 X ______>. Page 92 of 94 • • Photography studio: 1 per 300 Personal care(beauty, hair,and nails): 1 per 100 Furniture and home furnishings: 1 per 500 Hospital: 1 per 2.5 beds Taxi, limousine, and charter bus: I per 300 Nursery, garden, and farm supply: 1 per 2,000 of outdoor nursery area" Travel agency: i++ I per 300 Showroom warehouse(single-product li. e) 1 per 50010 Business/professional office not listed within this 1 per 300 h subsection: Establishments not listed elsewhere within this 1 per 200 subsection: 1 Non-residential: For the non-residential components of a mixed use project,parking shall be calculated at a minimum of one(1)parking space for each two hundred(200)square feet of gross floor area. 2 Indoor child play areas shall be excluded for this purpose if such areas are designed/delineated separate from dining areas and if twenty percent (20%) or less than the gross floor area of the restaurant. No additional parking spaces are required for outdoor seats provided that the number of outdoor seats is twenty percent(20%)or less than the total number of indoor seats. Additional parking space shall be required for outdoor seats in excess of this threshold. 3 The required queuing distance at pump islands shall be in accordance with Chapter 4, Article VI, Section 3.F. Gasoline station establishments that contain"automotive, minor repair" shall provide for additional parking spaces(see"automotive, minor repair"). 4 Plus one(1) space per seventy-five(75)square feet of detail,washing, and waxing areas. 5 Plus required parking spaces for outdoor storage or display of vehicles for sale or for rent. 6 Plus one(1)space per ten thousand(10,000)square feet of paved or unpaved outdoor area used for the storage or display of boats for sale or for rent. 7 One (1) space per two hundred fifty(250) square feet of gross floor area devoted to office,display of merchandise, and waiting area. In addition, three (3) palling spaces are required for each service bay. The space within a service bay may be counted towards satisfaction of the required-parking. However,in no case shall less than four(4)outside parking-spaces be provided. _ 8 In addition, each overhead door and interior gray booth may be counted towards satisfaction of the required parking, provided there is the minimum area (the size of a standard parking space) between an overhead door and an interior spray booth. However, in no case shall less than four(4) outside parking spaces be provided. 9 Plus required parking for any retail floor area. 10 One(1)space per 500 square feet for first 10,000 square feet, then one(1) space per 1,000 square feet thereafter. 11 Take-Out Restaurants located in M-1 shall be one(1) space per 350 square feet of gross floor area. E. Table 4-20. Industrial Uses. Industrial Uses Standard Number of Required Parking Spaces Building area size is based upon gross floor area (in square feet) unless specifically expressed otherwise. Any non-residential use 4 or 1 per 200, whichever is greater' (minimum): Beverage and/or food1 per 500 2 manufacturing: Brewery, Distillery, Winery 1 per 500 2 Page 93 of 94 42:1511 t. 4 N a -� Q1Q I CS :lit (HSS) salsl aouew; � , N ' 'Dal jo ono pue aa�uaj leiuoloy .aye jo ono IDa(oad pasodo,cir ' ? n 7,, ' < / "� . r , .► 51::::***" .1 {aye jo ono 1JocuieFL 6nusk t, K -o no ' eaapad j0 3jo ssaDDy _ . lir sods ; `� '. 6ul,ied alleaed EL leui6ap ••z - � -�- a/ Y .. /17 A.G., 1 f I • anla4 eaalnl 'NO 4w 40 44o ssa»y 4o sluiod S - " ., ,, ry. �+:Aeny6!H leaaPad S OZ£L *'`'°9;y 0 © _Am, ,T a4.3.+�. tel.'.41.0 4r-`— <a s• y: f<(.:a} �- _. . Tri - —i ��,•- - 'I -- ‘...,,:•;%<' ,t• , • li'� S.41 MO 61 gyros ?id I-1 -90ns . 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Removed parallel parking spots in Revised Plan o ' - ,..r with only 10 parallel parking spots ENTRANCE INTO COLONIAL CENTER t '1. r r . F .^Nab f ... 4 '_ • tf 1 ,. , . i.. t ,,. - • -I Priiff#"'" ortagi.P... at ... . , .. J Snug Harbor's STOP SIGN _ ...- ...„. . ..-. , . ) lit ' . ,- „g"--• -....i • •- ,. . — • • .. ., zsi., wk ... ---- J.. ..J.4— • ,.--- ..*4 i 4••;-.4.... 1*- 7 '.it. • ''••• '• - ' '''. • .7f:," ....---...- ..... — ;t, :<'- .;; !,...,,,' .‘• -' • i,.: X4i. 1 i , TY' -•,,-,.1/CA ••:‘.`. __ 1.... .4...... - w,- ,,‘,.. 1_ - •'4,4. , . . ....,•,--•'.-,...r.._.....--t.::., :...--c , 4 . rip -.,... 4•111, I 7; :TR. X :4•.,,,;i•, ,,1 . • **4. ' ',v " ' • -.1. / ' '"'" -11'*•,..'': ,iivizrow,. •'.": ‘'i.'"r'''.;C''.•,4".r..3:"I. .•q14-1,,‘,40.V..afif ae,11...4. , -.view, •t:'. 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Car entering snug Harbor :, .',.-. , 4'.,-n.*. . -- • "!' -,; • - • ..,,.; ' -es 'k ' ' v• 4' .et • . _ .... . , k. •••• .9 .'V"-; : - ., , '•41./"I 4 SUV exiting Snug Harbor .• ,.. -- , 1:-. .1.,-.;'.•0, , - N,, ,,• ' ."• • -' - ' ....i,- -.., --,,--i,-:- 1-.,-..,' ' , • -: -''- - . . , -:.,'--*, - :!Ci, ' •,:4*-;•r: .'' --'-- -."-:,'', ,-.:‘,'''.,..,Z. :" - '.::•L-4,..4•';":,, ' - 5. Compact Car entering Riviera Drive (Lee Manor Isles) ow- ' . „w•1,,* . , ,... --, L::4 ' -6. Car (coup) exiting Riviera Drive (Lee Manor Isles) „• ,- 1,,.:_,,: .. „= 2-, .;; 2 - ,,,'2,-, ?:,•$'1,--, „.. - -••• • -7 SUV exiting Riviera Drive (Lee Manor Isles) , . , •4 <1' . ,, . . , .• , '-1 •e...,(_ .„ t, ,: . ‘ ..- .• 444445. ',IC ?4 4- - . .. .•tr . . ..,, , , ::- frx'''',-..• e s_ ,.4,. ' _.. ,, . .,,- ..- • -• .4 • .t,,,, ., ....4 •• . , ..+„. .,, , 4 I .•, . CITY COMMISSION MEETING 3/1 /2022 Agenda item 3. I. Litigation update IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY,FLORIDA CITY OF BOYNTON BEACH, CASE NO: 50-2020CA012780-XXXX-MB a Florida municipal corporation, Plaintiff, v. JKM BTS CAPITAL,LLC, Defendant. 1. Order Resetting Trial Trial Period 8/29/22-11/4/2022 Calendar Call 8/19/22 2. Property Listing- See attachment KEY INVESTMENT HIGHLIGHTS fw•.rla MUM •n ...dad Mr••••=r•••••••m..♦.(wpm PROJECT DESCRIPTION • •••rrKenr...r....r.•....r rq.:r.....w Loam...(...5... rr••r.••4111rr.r•r . o•••....ISM.—t S.•.. • ••15115111m1=11•1•••1••=1,15•110.411•••••• • i•••••••••Wow..1.•...M..«,..••.., 4 . •r. ...•,e.•,..1..LAVE .+arr -` -�- r. - • • srrr.•.t.6n•.w•rw.n..w.i.=� +.+ r. • 0••••••••L alr...w...2...r,. • •r.r...•rlr�sfa-�•rr•d —' Psr .t....r•rw•••r•••dol•.•.••r.. 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'• -.1 tm•rrn rt.r a.t:atat aac m*r•Utah...NM a•.m.••ewn.r,w {O.Kn .n T�•w* • /00.2.11.4=•••*a UMW 0••••20)0.r.•. ..vnreM (•.•wMp) •u_ fa.•.•r..m.m.m Ms..a..Y• �.7""'n.ti. �4-.-•'u•s .. .Or r..r•..+..•r.a ..-w r.r,) ..I •.0 e...� f!.•......1.n • Q.mn..1 .a..•....•••••••••• ..r w..•.•c...x>ins � f.�LorO.• Goelimin Sm.,Goomi C.. •- t 11.a .a. . .101-4:• 41 .N .I , 3. City Attorney Request for 4/19/22 Closed Door Session 100499392.1 306-9905525) i IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CIRCUIT CIVIL DIVISION:AG CASE NO.:50-2020-CA-012780-XXXX-MB CITY OF BOYNTON BEACH, Plaintiff/Petitioner vs. JKM BTS CAPITAL, Defendant/Respondent. ORDER SETTING NON-JURY TRIAL AND DIRECTING PRETRIAL AND MEDIATION PROCEDURES I. SCHEDULING Tbis action is set for Non-Jury trial for the trial period of AUGUST 29, 2022 through NOVEMBER 4, 2022. A virtual CALENDAR CALL is set for AUGUST 19. 2022. The court will be moving forward with this calendar call via phone/video conference.At 9:00 a.m., please dial in using the following conference call information. YOU SHOULD NOT COME TO THE COURTHOUSE. The Calendar Call will be conducted via PHONE/VIDEO conference (ZOOM). Zoom Meeting Link: https J/us02web.zoom.us/j/85056337 361_ Meeting ID:85056337361 Dial-in Information +1 8884754499 US Toll-Free +1 8778535257 US Toll-Free To Join Zoom Hearing: Download the Zoom app httpsi/zoom.us/ on your device, prior to the hearing. At the time of hearing, log in to Zoom from your device. The 10-Week Docket will be posted on the Court's website (15thcircuit.com) on the Division AG online trial calendar on or after that date. (4 days reserved for the trial of this cause). The trial will be scheduled sometime during the calendar, at a date and time to be provided at the calendar call, subject to the court's ordering a later case setting. II. UNIFORM PRETRIAL PROCEDURE Page 1 of 7 Case No.50-2020-CA-012780-XXXX-MB A. On the last business day no later than 60 DAYS PRIOR TO CALENDAR CALL, the parties shall exchange lists of all trial exhibits, names and addresses of all trial witnesses, and names and addresses of all expert witnesses. B. On the last business day no later than30 DAYS PRIOR TO CALENDAR CALL, the parties shall exchange lists of names and addresses of all rebuttal witnesses. C. In addition to names and addresses of each expert retained to formulate an expert opinion with regard to this cause, both on the initial listing and on rebuttal, the parties shall provide: 1. the subject matter about which the expert is expected to testify; 2. the substance of the facts and opinions to which the expert is expected to testify; 3. a summary of the grounds for each opinion; 4. a copy of any written reports issued by the expert regarding this case;and 5. a copy of the expert's curriculum vitae. D. On the last business day no later than 30 DAYS PRIOR TO CALENDAR CALL, the parties shall confer and: 1. discuss settlement; 2. simplify the issues and stipulate, in writing, as to as many facts and issues as possible; 3. prepare a Pre-Trial Stipulation in accordance with paragraph E; and 4. list all objections to trial exhibits. E. PRETRIAL STIPULATIONS MUST BE FILED. It shall be the duty of counsel for the Plaintiff to see that the Pre-Trial Stipulation is drawn, executed by counsel for all parties, and filed with the Clerk no later than 20 DAYS PRIOR TO CALENDAR CALL. UNILATERAL PRETRIAL STATEMENTS ARE DISALLOWED, UNLESS APPROVED BY THE COURT, AFTER NOTICE AND HEARING SHOWING GOOD CAUSE. Counsel for all parties are charged with good faith cooperation in this regard. The Pre-Trial Stipulation shall contain in separately numbered paragraphs: 1. a list of all pending motions, including MOTIONS IN LIMINE and DAUBERT MOTIONS requiring action by the Court and the dates those motions are set for hearing (MOTIONS IN LIMINE shall not be heard the day of the trial or thereafter).All Daubert Motions must be heard 20 days before the start of the trial. 2. stipulated facts which require no proof at trial which may be read to the trier of fact; 3. a statement of all issues of fact for determination at trial; 4. each party's numbered list of trial exhibits with specific objections, if any, to schedules attached to the Stipulation; 5. each party's numbered list of trial witnesses with addresses (including all known rebuttal witnesses);the list of witnesses shall be on separate schedules attached to the Stipulation; Page 2 of 7 Case No.50-2020-CA-012780-XXXX-MB 6. a statement of estimated trial time; 7. names of attorneys to try case; F. FILING OF PRE-TRIAL STIPULATION. Failure to file the Pre-Trial Stipulation or a Court Approved Unilateral Stipulation as above provided may result in the case being stricken from the Court's calendar at its sounding or other sanctions. G. ADDITIONAL EXHIBITS, WITNESSES OR OBJECTIONS. At trial, the parties shall be strictly limited to exhibits and witnesses disclosed and objections reserved on the schedules attached to the Pre-Trial Stipulation prepared in accordance with paragraphs D and E, absent agreement specifically stated in the Pre-Trial Stipulation or order of the Court upon good cause shown. Failure to reserve objections constitutes a waiver.A party desiring to use an exhibit or witness discovered after counsel have conferred pursuant to paragraph D shall immediately furnish the Court and other counsel with a description of the exhibit or with the witness' name and address and the expected subject matter of the witness' testimony, together with the reason for the late discovery of the exhibit or witness. Use of the exhibit or witness may be allowed by the Court for good cause shown or to prevent manifest injustice. H. DISCOVERY. Unless permitted by a court order, all discovery must be completed no later than 10 DAYS BEFORE THE DATE SET FOR CALENDAR CALL. ABSENT A TRUE EMERGENCY, FAILURE TO COMPLETE DISCOVERY SHALL NOT CONSTITUTE GROUNDS FOR CONTINUANCE. I. PRE-TRIAL CONFERENCE. No pre-trial conference pursuant to Fla.R. Civ. P. 1200 is set by the Court on its own motion. If a pre-trial conference is set upon motion of a party, counsel shall meet and prepare a stipulation pursuant to paragraphs D and E and file the stipulation no later than 5 DAYS BEFORE THE CONFERENCE. Failure to request a pre-trial conference in a timely fashion constitutes a waiver of the notice of requirement of Rule 1.200. Motions for Summary Judgment will not be heard at any pre-trial conference. J. UNIQUE QUESTIONS OF LAW. Prior to calendar call, counsel for the parties are directed to exchange and simultaneously submit to the Court appropriate memoranda with citations to legal authority in support of any unique legal questions which may reasonably be anticipated to arise during the trial. K. MODIFICATION TO UNIFORM PRE-TRIAL PROCEDURE. Upon written stipulation of the parties filed with the court, the Pre-Trial Procedure, except for items II D-F, inclusive, may be modified in accordance with the parties' stipulation, except to the extent that the stipulation may interfere with the Court's scheduling of the matter for trial or hinder the orderly progress of the trial. L. PREMARKING EXHIBITS. Prior to trial, each party shall comply with the Clerk of Court's instructions for marking for identification all exhibits found at wwwmypalmbeachclerkcom/court-services/evidence-guidelines/civil-evidence or by contacting the Clerk at(561)355-2986. M. DEPOSITION DESIGNATIONS. No later than 20 DAYS PRIOR TO CALENDAR CALL, each party shall serve his, her, or its designation of Page 3 of 7 Case No.50-2020-CA-012780-XXXX-MB depositions, or portions of depositions, each intends to offer as testimony in his, her or its case in chief.No later than 10 DAYS PRIOR TO CALENDAR CALL, each opposing party shall serve his, her, or its counter (or"fairness") designations to portions of depositions designated, together with objections to the depositions, or portions thereof, originally designated. No later than calendar call, each party shall serve his, her or its objections to counter designations served by an opposing Ply. III. MEDIATION A. All parties are required to participate in mediation. 1. The appearance of counsel who will try the case and representatives of each party with full authority to enter into a complete compromise and settlement is mandatory. If insurance is involved, an adjuster with authority up to the policy limits or the most recent demand, whichever is lower, shall attend. 2. At least ONE WEEK BEFORE THE CONFERENCE, all parties shall file with the mediator a brief, written summary of the case containing a list of issues as to each party. If an attorney or party filing the summary wishes its content to remain confidential, he/she mist advise the mediator in writing when the report is filed. 3. All discussions, representations, and statements made at the mediation conference shall be privileged consistent with Florida Statutes sections 44.102 and 90.408. 4. The mediator has no power to compel or enforce a settlement agreement.If a settlement is reached, it shall be the responsibility of the attorneys or parties to reduce the agreement to writing and to comply with Florida Rule of Civil Procedure 1.730(b), unless waived. B. The Plaintiff's attorney shall be responsible for scheduling mediation. The parties should agree on a mediator. If they are unable to agree, any party may apply to the Court for appointment of a mediator in conformity with Rule 1.720 (f), Fla.R.Civ.P. The lead attorney or party shall file and serve on all parties and the mediator a Notice of Mediation giving the time, place, and date of the mediation and the mediator's name. The mediator shall be paid $175.00 per hour, unless otherwise agreed by the parties. C. Completion of mediation prior to calendar call is a prerequisite to trial. If mediation is not conducted, or if a party fails to participate in mediation, the case, at the Court's discretion, may be stricken from the trial calendar, pleadings may be stricken, and other sanctions may be imposed. D. Any party opposing mediation may proceed under Florida Rule of Civil Procedure 1.700(b). IV. NONCOMPLIANCE NONCOMPLIANCE WITH ANY PORTION OF THIS ORDER MAY RESULT IN THE STRIKING OF THE CASE, WITNESSES, OR EXHIBITS, Page 4 of 7 Case No.50-2020-CA-012780-XXXX-MB OR IMPOSITION OF SUCH OTHER SANCTIONS AS ARE JUST. DONE AND ORDERED in Chambers, at West Palm Beach, Palm Beach County, Florida. 5D.2O2o-c-O 8t1-IOCXX•Mg o2risr2o22RCUtT .r,�. e Donald Hatol. Circuit Judga_ ` 0.!l Ml Itil R i Y F Orric.F Or `hr C.UIIRT 50-2020-CA-012780-XXXX-MB 02/15/2022 Donald Hafele Circuit Judge COPIES TO: EDWARD J POZZUOLI No Address Available ejp@trippscott.com jjc@trippscott.com GAL BETESH No Address Available gbetesh@gorencherof.com fhutcheson@gorencherof.com JAMES CHEROF No Address Available JCherof@gorencherof.com cdunn@gorencherof.com JOANNE M.O'CONNOR No Address Available joconnor@jonesfoster.com mnnacfarlane@jonesfoster.com JOEL E.ROBERTS No Address Available jeroberts@bakerlaw.com lbonvissuto@bakerlaw.com OrlBakerDocket@bakerlaw.co m KEVIN MARKOW, ESQ 1 E BROWARD BLVD kmarkow@beckerlawyers.com STE 1800 lananning@beckerlawyers.com FORT LAUDERDALE, FL ftlefile@beckerlawyers.com 33301 LAURIE BOBROW No Address Available lbobrow@beckerlawyers.com MARK J.STEMPLER 1 EAST BROWARD BLVD MSTEMPLER@BPLEGAL.0 SUITE 1800 OM , 00000 mstempler@beckerlawyers.com lbobrow@beckerlawyers.com w befile beckerlaw ers.com P @ Y MARK J. STEMPLER, ESQ.No Address Available mstempler@beckerlawyers.com mrweiner@beckerlawyers.com WPBefile@beckerlawyers.com MICHAEL D.CIRULLO 3099 EAST COMMERCIAL mcirullo@gorencherof.com BLVD cdunn@gorencherof.com SUITE 200 FT LAUDERDALE, FL 33308 Page 5 of 7 Case No.50-2020-CA-012780-XXXX-MB THOMAS JAY BAIRD 4741 MILITARY TR TBAIRD@JONESFOSTER.0 STE 200 OM JUPITER, FL 33458 mgreen@jonesfoster.com Page 6 of 7 Case No.50-2020-CA-012780-XXXX-MB This notice is provided pursuant to Administrative Order No.2.207 "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact Tammy Anton, Americans with Disabilities Act Coordinator, Palm Beach County Courthouse, 205 North Dixie Highway West Palm Beach, Florida 33401; telephone number (561) 355-4380 at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711." Si usted es una persona minusvalida que necesita al un acomodamiento para poder participar en este procedimiento, usted tiene derecho, sin tener gastos propios, a que se le provea cierta ayuda. Tenga la amabilidad de ponerse en contacto con Tammy Anton, 205 N. Dixie Highway, West Palm Beach, Florida 33401; telefono numero (561) 355- 4380, por lo menos 7 dias antes de la cita Nada para su comparecencia en los tribunales, o inmediatamente despues de recibir esta notificacion si el tiempo antes de la comparecencia que se ha programado es menos de 7 dias; si usted tiene discapacitacion del oido o de la voz, llame al 711." "Si ou se yon moun ki enfim ki bezwen akomodasyon pou w ka patisipe nan pwosedi sa, ou kalifye san ou pa gen okenn lajan pou w peye, gen pwovizyon pou jwen kik ed. Tanpri kontakte Tammy Anton, koodonate pwogram Lwa pou ameriken ki Enfim yo nan Tribinal Konte Palm Beach la ki nan 205 North Dixie Highway, West Palm Beach, Florida 33401; telefon li se (561) 355-4380 nan 7 jou anvan dat ou gen randevou pou paret nan tribinal la, oubyen imedyatman apre ou fin resevwa konvokasyon an si le ou gen pou w paret nan tribinal la mwens ke 7 jou; si ou gen pwoblem pou w tande oubyen pale, rele 711." Page 7 of 7 ,,_ ial ,,, ' • r. ': ,<,,, , „ , , 4„; , . ,, 1 „. .se of ' t .. „ . . ,- 1 1 ' F J '!t.�l i?'j p . • to ,lir .. 7 i_ ' `'r� '�i 'r i r� O LU Z WI •'I t w y It ; i ':. , ; ',.- : -;• 0 < — le r ',fl 1,_ ,r1 A, p Z .tis r 1 1..• • 4.l� W U z W1 r .. . y �+ � � t2U • fi,,...i ,', 41-4.4.. , _, ,. t 4 c- ,, :;,.-.4• 0 < UJ CO 0 _-> .._1 . 1 1,—. „ .I a.•,. ' kli .1. ",‘. 1: 1 • CI J t 11_ H 4...-': J :,.: .aT i .. V j ] _ 1E C , i i. T Pe CI W UJ 1 f ` n Z 0 � �. Tl4'j.. ' ' '; I 1— '' .t • !1 . 1' -- 6 J Q — -1 :VI iii . • * imoon Fs�x !4!4'!'3 0O D rsOL1CAT1ON PROCESS " Vw% INVESTMENT HIGHLIGHTS 'noultl be presentedfiin the form - - - " T: rrI ilof a on-binding Letter or Intent spelling R„ '1 I out thesignificant terms and condition of -- _ z 0 Purchaser s offer Intlud-rg but not limited .R � +-+� to<1)D/Icingo, (2)doe diligence and Go 19 �fi' ® _ �✓ KOMLY T� • time frame,(3)earnest money deposit(4) M1Y O _:- 0®® m - . - --_- 10 a description of the debt/equity Stn tt lotal lµh a �wStnv •- - • and(5)qualihoatlons to close.Parcels may - be purchased Individually or a5 a whole otter:rn°uldbederveredmtheatte t -` �T�!.4,.�� - THE SITES -Avery Klann at averYklannunmrk. - - `if - �N �.y, a_. mow-_ _..._ iq • �R - -• 4�� �,_ _ T LBOYNTO� � l .s r , _ ' TOWeo•re.rrsAsRE i+L"S �•C j�'. 18 a 111.;%;_ ,� `, W• -. s„ S:Di�`,�x•�+,° . RENT COMPARABLES .erikt i Vit::,'L.'- -.,... sem-• * _ 1......... 'V.� \i ,,� • , ° ��� , L , e�T' _Oyv � `8 •S r—^ s..; • • • • KEY INVESTMENT HIGHLIGHTS RARE IN-FILL DEVELOPMENT OPPORTUNITY IN CENTRAL PHENOMENAL LOCATION AND REGIONAL ACCESSIBILITY - - - PALM BEACH COUNTY • Located at the corner Of Boynton Beach Blvd(50.000 • Fully enti0ed,0855acre mixed-use development sites VPD).SE 1st Avenue and seacrestBlvd(16,000VPD) _ PROJECT DESCRIPTION located east of I-95 In Boynton Beach near Downtown Boynton Beach 130 E Boynton Beach BIv0 a 120 SE 1st Ave • Institutional le mixed-use zoning allows for • Flee docks from the Intracoastal waterway •` „�t- k.."‘7747:."'":....".. ACtlros Boynton Beach,FL 33435 residential,assisted/retirement living,hotel and retail/ One mile from public beach access at Oceanfront Park - HI s with approval for 750 apartment units • j'y. N'� Site Area Table x41.55 Acres • Over 3.8M SF Of retail space within a 2-Mile radius of 4 North:x3 49 Acres • The sites are cart of the Town Square-Boynton Beach the property including retailers such as Super Target X�: Cental:• Acres re development project totaling 16.5-acres and SBO (Including grocery)Best Buy,Michaels Red lobster _�`' W Soma: 0377 Acres million of city buildings,parks and civil Infrastructure Dick's Sporting Goods,Bed Bath 8 Beyond Publlx 'Avf qtr., 1k S That is completed and In place Complete0 portions of PetSmartTOfal Wine Walmart,KOh15 numerous - _ �- ���Use Mixed Use(Allows for Res dental.Assisted/Retirement Ne Town Square Include restaurants,and much more 1 • Living.Ho41 and Retail/Office Uses) •Renovated Historic •New Amphitheater .. High School(S11 million One-half mile east of 195,Boca Ra VPD)d Provides a z .�' - zoning MU-3 renovation) open 8 •New Kapok Park Beach link[o Delray Basch,Bora Raton and West Palm ,- fi 9 asCity •New Kids Kingdom �� -� - - '54sectAPPbetw for North,C unitsal Ind South parcels Co functioning App coal SYtu spot between the North,Central and Spurt parcels Community Center Playground • 5 minutes Is k north of Delray Beath and Atlantic Avenue, •Existing Historic •New Promenade Park which Is known for an excellent combination tp c of antique )i� Vc • H.eea.I 0 CNdtlren's Museum shops,clothing boutiques,art galleries,upscale 9� -- _ maximum Cwrtal;80 •City Hall and Library- 'New Central Energy Plant restaurants and nightlife entertainment venues e±r.'- .-�r- _ Soep:BO open ung functioning •New Fire Station • 15 minutes from Palm Beach International Airport •c„..- TJ'�' •New City Commons Park •New Police Station • 20 minutes from West Palm Beach(88000•lobs 8152M ! �Ts�n ;:iy n addition to me pe.kln9 for the pinned development,the city has reouired that the developer set aside an additional SF office space)andClematisBe Is Street,the historical heart •,'� a RegWred PUNrq 101 parking spaces on the North/Central sites and 364 • Shared 75 residential parking garages will be required of downtown West Palm Beach and all Its dining and 1. with 1275 residential spaces plus an additional 465 city entertainment venues �. - - •� parking spaces on the south site for public use required parking spaces • 20 minutes from Boca Raton(122,000.lobs 6 18.5M SF •� Flue NumbersNoa < North:tie-43-45-28B-002 0o1O. • Views of Intracoastal waterway and Atlantic Ocean office space) `_ .4 OB-43-45-28-ae-002-0030 WALL STREET OF THE SOUTH TOP PERFORMING APARTMENT MARKET WITH III fill- Control:08 43-45-28-48-003-0030Soul.a-... SOB-43-4S-28-48-007-0030 CONTINUED FUNDAMENTALS • Rl county for both growthpopulation and Income in the - _ -�^ - - State of Florida • 96.3%average occupancy In the Boynton Beach/Delay1111 -"- • Flood Zane Zone x • 70,000 high-income earners left NY City In 2020,taking Beach submarket for 10 2021(Axlome[ria) North:Boynton Beach Blvd S36 billion with them and Palm Beach County is now • 7.5%projected annual effective rent growth In the - General:NE 1st St ranked as the top migration location In Florida submarket for 2022-2025(Axlometrl¢) • - Soma:Seacrest Blvd • Palm Beach County,FL welcomed 11000 people during • 757 market rate units were delivered In the Boynton :�. North:Boynton Beach Blvd 2020 with a new net income gain of S3.4 billion Beach submarket since 2018 t - traetage • Relocation of 10.financial Industry giants including, • Only421 market rate units are current) under 4j'Ilkr v - A Gebel:eeN1st St Y - South:Seacrest Blvd Goldman Sachs,Colony Capital NewDay USA,Elliot construction k+ - J• Management,Po nt72 Asset Management,Wealmspire I __ '•'.'..PPRTTT pe" - Advisors,Virtu Financial.Exodus Point and more that B ra , •' • plan to create thousands of high-paying lobs 16 a t" gala - , .. cam .. r - • 1�"• *'14• F rill, -rte. 4 I NMRoCOM/MULTIGAMILV BOYNTON TOWN SOUARE SITES I. PROPOSED USE 1 r:_" ." '� .�iaT:"" PROPOSED USE 2 liriM Na / n.,.,oa.t•i. ' Cte '� M�_. l '� T North Central Parcels. evirks __ r-} ._.#46r� � . __�� . Use MarkeRah Mul6holy Market Rate Multifamily WON Up to 450 "..75- �r 7��3 ' • -C.'f _ - units Up h 566 Maximal.MaxiWWII, North 100 "y r• �e'_ ':••� � ' Maximum 1ssikina "07.17(0 e 0 wlpkt(ft) Cerina6 e0 - _A - ins-7 _ !Wight( Coign*) Co6O UN ape 94 _ .... Density nl A<re115 ,,v��4 �. �'�ki,- Parking Spaces 1.033 Total Parking d nt Spaces 666 Total �- '{ •';,{�^" +.�•( 765(170.,tlu) •�� .-- %'R^ •Resltlentbi 93](1)0.,&) •C y Required (01 - I ii.PC11 ii _ .- •city RMryIMC non South parcel - .Y _� y. _ �i4.. South Parcel Uae Market Rate Multifamily �' _ a -.e -�Or--r��b �i4)c��q _ gee Independent Living Facility Units 300 r• mel �� > Unita 202MAT ---_ - Xaiyn(h)uilding s..560 i — r,:=7, 80 U� 66:60 Y(Un ts/Arn) 60 T -�-1 I Density NnitA7acre) 54 cs 674 Total IN —7- JJ 1111 I I I Total 510(17pe,U�.: Pared,ata 707(17 -- .- `--..-.. ' e tlenta 743(17per du) 364 � a1 ...., 7�_, XT. s'-� •Cty Required 364 fir. /! .•t ` e fT mai i w • 1• T.- ate•. _.4.' --i '�. �' ''� r c-= �,�.- slyer` a,.;.---T- r:" 4+ �r II I NMRU COM/MULTIFAMILY BOVNTON TOWN SOUARE SITES I i I 53115 3eenos NMo.M10.v.o3 „w.,„w,wo .nw.I . 111soeds 901.1.1,58 o--, °,° a °°ti +: wb..31.mJ9,1�57.M 0 1—*-- ma.aw.w3.r.aavwy:awaarl .1;11:3 t-48.=.-11111:; i_4, . O A.,•.-3p %e e� p A ta, c � mow.•' Cr)O� � � A r® � ' r. "'re.le. •...ffl,aa„�.ws0 : • ,3 n47n3i. ,C ay..)m.aan �e ax t� . 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'r ' 'r, fk!. 11 .. ... , .. . . . . .1 t . , . 114114He: 1 gr I I •. • ., .:_ .1 6* ! • • ,. _• _ ....,..__ limb AI ,_. • ___ .I N,KCOm/muCrireon, • I Fe&x r',u,-1.-,', Li j . , • ., -. , Marshalls - e op aNc *macyt Bt.,=gum ... • ...- _ ...- 0 Walmart Ti.mcolc petcox DICK S mid....t.0. ROSS rows', 14 III - - _. > . , .7 I- • - .„ - ''-' -- ''''- r--:---'.- 4'-.- 7.- ...-. PU b I I X --... .--'•---- • '-' ,' - .. LLJ ...., - -,..'-.-- --..-'. . ",-.:. - --• viv ..-iv_Lc4,2s,,E1, :, ,,,. venzon W-.-.74.-1 - ,C9,..?=0 `'..'.1?--S . -._ SANK OS AMERICA-, Publix Effi III _ ,- ... __;.. To,,,, ....s„,, ._.,... - .. . • DUNKIN' f'.ft __ - -.95'.3.'!"-7'9- ,nin --.. -' -- - - — .,..16...,- •-:: .;$••--'-:.*- _...j,.,,_,, _r• ,-•.-_-. -31 -: -.---:.'' . . . • -- - ' ,_ ' - :•_. - - '' ...-2.•-,• _" • --V--- ,-;1;,, '...,--y-- - '` ...• - " ..-t?". - ' --'-.---•1` - --'...-'' .- --'*•-,711't"fs-- '"--.z...., _e•e•'---"""' - ----- '-` -- -x.40-,-s'''! . - ; "--.yolloy,„„ •,- --; .- '7;•-• -••••--- 4,-='".:vA---,---- _.a.. 17 ,---L ' " '. '''''‘... - -- 7 -- -- -z---'---,44- . - -- 4 ,. ••••:- -' '---- - - - -. ___ Ar.sez-, a . .. ., . „-• ,,,,,,,,,T, , . ..,..„.... 7••• •.....,__,c-, , ,-..:- [BOYNTON] l'-.1-- - • .--... - .'" - .,,.......--- - t-''— - ,.,,,..._-. -,,,,,,i1. ...filk- x"."41, 4---,,,. 410, • V•_.. - , Iii'l - , ,....%r ".. _ °.--' --- . 'i:,P1',:_ 3.11W -.;'!"- 7 . :_, ,,- '--•-‘4*.Z"----- - -4---• ''' .'' - ' . '4-- -- - „ -._ - 'ar -_ ,Afilit.' . - -. .. • _ ,:.. ..., t...._..0,_ F......-. ,A =- ' 10 ,4. 4..'. "-,:•..., 1! ,,,.;,. ..+- -e. A r oAt,',Ter:I4:7 %::;.---..;.-- -- - --...v, i -.-At't.'--:, _, •... ".!: _'' ...,.- •"if ' . --)41,-,• --.F.--.1.,..,...-- -;_iiNtr„:4S "7' — ,,.., . , ..... --,...-- , ..,-.4.,. ...---•,-- , . 0„. u. ._ .... .4._. .._. .. 71.-410"9"*•'. 7 '-- • :„ ',,, • -;.--4-..;.. '''.4‹ - tp — ••••,.„ - -`tal ..... __ - -'• :-Air'4- N.,' ' . • - - .., - ..'. Its.,• , Ire ''.'" _ . ., - '._i-/i,-, . -_ '''' :014.'''' ..s.,-- - ',- • '7',i, -: - N . - -" "-4' '-- - - . .1,::- • '''' ,. . ,. .. - A -.. ."' ., '.''''.07 -0, -• - ":-', ,-;.:. /3,-1:.-.-,..:c-,t. -rri ,". r..-... ...f. . ... . - • •.A,- ,. •. '",•.-1.•- .... ... ..., . ,L. :":,•''N;;' ..4041,--- 111P1•.- .r,,, ... •-:v;. ...,..,,,...• -. v_..-..." , - . . •'' '' • • ..- ,i-`-'''-- ; -7"*7 . -'.•*10iir-' - DO NTOWN UEERAV BEAce, w 0 _.•t . e ! • Wagte..a Q Publllc — -_ •.• fes[ AT&T _ - .m '+ '--r „ _c. ..fir -- "` . ! __- - .1- r off• . . ...71e. w` L - -' ' rt • .- "~ _ • "'" Fisc; ' ^- • • _"'-y► a'x• =--.--iir01.."..•'-'- �,- [BOYNTON] s� .- .y ••.. - A � • .d.'a�a� TOW\SQUARE T 4 '[^� _ P''''.-4;."-•4 . - '^� �` t` I .� � wn :... • .-'l' c _ 01;$' y. ''y .44:www; cv ary.e ^ .�e y, FSA K " ala `- .... } .. 'Taff• H -E - ♦.. BOvNION TOWN SQUARE 5',E5 I M in N 1a w _..may` r ,s. 7.4a-_-:4r,:1.412:4 .10°-{r "' e�;711�� J`r�` Y { • COLL • NMI+ w��-.-- - _ - [BOYNTON] s.rWN VnRE L fK t , A}Y`- f '� _ Y^'" �ryy_- ray ...?-1-.%.:,•• � 4 e{ w.. f r _.� m ✓ ♦' GUJT EE aRTS d ',1— c r � o/ / of Z - _4.1 T i r 3 . E �/ ,Ff �- i rT�.vl E ,:. + Ga-..„.„41 x.y .•,ry� / ;.^� ZS]i' .r[ " T '- r S f' Tom; j ./ - jjj ;ti .� .,.y .` NORTH VIEW , ','Ii...,‘"•.'..ki.t; 16*• A . a 1 . • L. r. , 4 ' • ,,,, I .0 11, 't °` '• \' r: . C.' ".0%'• i'.1 -fill,‘ 1 :li" ''• '41.-. . 1'. 41 : st•Li •' 4 • ., •,,4.,..,pril 1.,•• ,. Ihtf • 1••-• ,ii,r. 1 o. , i .... ',, 1( ., e \\ . ' A ,,ii 1111'. ),A• z, , i ',.., •10• k.0 .' . IT-. ii 'i . 0 ;--,'-- .., it i •... '.'0., ',' i'—''t.: , .-:.11,4 .4. •.: .,, - 41-; -1*,,... ., 1 e ‘'•,•,'., ",- , ,—• 1*-•',', r'llir:• , ' ". yik " •'r-e.i. -J. , •-• -, n •ii: ,.., .1 „,,..•.-,i'ir,', A 1 • ',"'''' WI- . fil .,!*-,', I - Irk l'ir.1 , •' .. .„, . 4.) '9, :. --, • i., - ', '• • ..' . ,,'. - '- VIP`,,,c,•• l', 'jr*...— '. ...'i . •--- 7 4-iM)4,ia.:'4, :. 1 . t- '. ,,• '.41 t./,' ,,,- ,,Wr .411.‘. ,,,,,,,,.• .,,,,,. ,.4., -,,r .,'-, - w it:4, I...•',..1: , , il3 I I a) 0'. • 1 ,, i_. .',17'i !••;„ IlL ,',' '44 ..-'!,.,..., ;, • ''11,.. r...'''.:', ,•. ...•:',',.i,i,i;;; ,10„el 1,.. / lil• • ' 4,. 1.! .it,', ',tor ,$ Vr4 • ' .,; ' .,'' ,11^,- t4h., r• ' ”, • , . .: '''' '''A '.°‘,:hr'-`1'• '• "g*.q. . ":•!`l •'''''•;'',,;'''. iiit'lit•'4, -' ,i'f.,., '',; r .viti. ,., ,,,,,, ,;,..I.,. ,,-,fig • ;:,7,1,,•, ,- , - . t'fr• '.,', ,1 ,k1, t‘,. 8 03 .4-11411i,-, 4, ti0;,'r' , 'i,-..,4.• :•1i,ie ° ! ' li P ..r'i i• ;•. i,1t,'.,.1 • r-,z • ; , ,...7 it. *., ",. .,•'' . 1•'''.4 . .•4, 2,- * -",,./4 ‘, 4 4`',,, i . •,-i. . ' :1 4- 11 4 •,- . 1 i r - _, g_fl•:_ _ , '- i i t 1,1_ r. . .' , ,4'i.,,:.h.-, ,,.• , ' : :., , ., ; I . I. - :'2. k' • irr ''' ' '4. ...,.. • . ' .1 ' . V 1 .Ar", 4, i ',y.''';'-II'''"'• r .i . ' . • it '15 ' '/.' •' . it7 7: 4 yt t'0,,iri iii er..c. ' I:- i ./,,••• 4 ,, , 4.•::•!-.i.'7.--•".": ; ', ...r '41 •.,:. 'rld," t.,i. ":il 4t), .-,'.2%.,''''' § p ,,,:-.40,,k. , ,,,, . ..,,., „,,:, ....,..,:.,,•4 . 1 ..' ,!I . ii - '4 ;,i:,1 ; ' -:::::,./ .., ij,,,l,•1 L ‘,• i .1010 r,.,.. •' ,a , o' fig, . . , . ,..,„ ., a'4,,,,, .r. , 2 Hp,•,,,..,,,,,, ;• ,- - -'1' Iv- ' --ii,M;v"''• h•,t4 ; 1 041:4 m i 1,4, ' !,'''4,,i),:.:',1.4,, • ,14, li ,, .,' . ttg'','11 4;1' .;' 11 I — ' o - ' l'7:.7k „41.,ivi.. , '4',, . , • RENT COMPARABLES SUMMARY RENT COMPARABLES MAP + PROPER, T AR OF ASE MKT. BASE MKT. 0 OCCUPIED BUILT UNITS SO FT RENT RENT PSF - ©O— The 011111ct at Boynton Sole et City Center vac, flca OVEST PAL.MK. 0 500 Ocean 2018 341 934 52.720 $2.91 98% I:0 l500 Ocean 0 One Boynton 2009 494 1551 $2,898 $2.52 96% aLo'is at AO BoyntonVillage / 0 BwteRa at Boynton VIIIp4 2020 433 1.007 $2.465 $245 99% O [BOYNTON] ©— -`J $n.Markt at Beynon 2017 350 1.023 $2,554 $2.50 96% TOWN 000ARE Pe.-L0,4[.,10. •Peclllca 2019 324 973 $2,589 $2.66 97% 0 Catalan Delray&Each 2017 146 1,111 $3,588 $3.23 99% r 0 Sole at City Cantor 2018 315 819 53.500 $4.27 96% /GUi COMPS 6.19 69. .066.68,T.1 /.TBOT, 2017 343 1,006 52,824 $2.81 97% I ,Af r. /44,,,,- �i II Fr u4.4P.. N..... I ld Ounes'Roa • I L� High Point. t _�f R I , • q , /�=---l=Delray=SeI chi I . 'f! i. r Al, L- lei ARRACOM/MULTIFAMILY BOV NTON TOWN SQUARE SITES l>, •• • • • • 500 OCEAN ONE BOYNTON i 101 5 FEDERAL HIGHWAY,BOYNTON BEACH,FL 33435 1351 5 FEDERAL HIGHWAY.BOYNTON BEACH,FL 33435 500 OCEAN -� ��' , �� APARTMENT HOMES 51St""'�t H Ir I I II 41/14 4/1 111111 t7f • Om 371i Resalentel l0 i Trac• �4. s owner Blackstone Pea Estate moms True,Inc �` y v ��, II - eranr Revoenla —r HjF �. " management. RaMewws N r.... 1.8 i 1/1 1211 3796 744 22,370 2318 / ... I/1 11 2% 7B9 22,439 2312 137 33 9% 09 22,. 23 90 '..1."Z':s' • :•2 fir� V a.�5)t5•`u�i'u'i_��yM,j • I/1 153 fop 32.520 5290• - - 7R f2,eP3 52W "iu� � 1 25 5%% 311x0 St 67 20 79 23% 1258 52075 SI 88 N A 5% 1,103 33,331 23 IN 5% 1105 23,T75 5214 2/7 20 4% 1,153 33,86A 2335 201.8 ® 934 $2`720 $291 977% i1 .1 2m009 1,151 $2,898 $25s 96.091, 11 337 33 7% 13oe sze® ua 237 x% 1nx 52>® aw %. nr i O�~ T9WYy, aex a 32x70 UM ie% A.St Mkt 2. A%. Om.. 2R 132 95% 1227 23050 32.48 H I% 1.. 23,785 23. $732 Cmmueex AmeeRbe 84.4.MAmemlet CemmunHY Am... Amrtmem.0.02M 2/2 2 2% 1,432 14 25 •Waded b i Pool 30sclolrs 1.2.3753 Besmn 23 B® •Sp BMW.. •Ret4mnalrvr9eNC44mwnM •R1rme Wm M Nenmoci Seiont .wtk.In Nola Brom 25mm,Gore Room,y Abse ppemam llmrea N WYs 2/t 11 0%3% 137 52.2P fx 35 •Sewer Reeren retlr Ceb+ •fuwmSW.tlw.irearmmis �� •Gmarrel 0..I r2 SONea Sal 2/2 2 0% 1244 52.818 12 513 •Z37 Ge5m wMWma fabmefrt •wog Ram Lei.fan Loung'Omen.Ow.. ...bs A.6003.,0.424n+Counlenem,end 3/2 5% 1.29 23,717 22.18 M1 it/S®Wesleratl Ou'p ° VAi00RM hbrelY • •...Style Svarnrram Pods.SG... It .% 1,380 53,955 2212 •12..104a imar.Sulo ews •Cem4ltam eAr CaWvn. Ha TWA W.wbN Pei Nov.Hun31 t4 3% 1,590 21,775 3178 forms •F12i., eelrer atlbe n OrAll _ •on Roan RseWnl4ay •Storage lege 44.0. •Barbecue and la Row Awe rvae 325 M SIMM 3199 1366.0 Aa ef.m.0 Wnn• •I1Ni O Dn..Com .DRan..20806 33 4 1% 1.870 23,145 SI inye Orenvewa• •Companent.0.9 C.a.Bq'se .10-2.1 CNN. 1.1.9. .1041tf% 1,101 VAN UM •LourgewM Gere 2.1e48 Feet. •O.avmtlV-aA-n ON. •Oma Carman Garden Tub •In Sebe Uslt 240.0 Fitness CentaWM Fore .Oeio/Beco9 wi5 Pact.Oaten 2m0 Gra.hum •2525,Muret 1144232 Common Area 43I vm'.R.ON/+•_Crirnmity BOYNTON TOWN SOUARE SITES I13 • SEALOFTS AT BOYNTON VILLAGE THE DISTRICT AT BOYNTON 600 SEALOFTS DR BOYNTON BEACH FL 33426 1000 AUDACE AVE.BOYNTON BEACH,FL 33426 +•$. F J—•— INI L'..• • • – ■ 'las Ben ja , :� `,'� ` 'N' SEALOFTS() The District • ,.�.y � I, liggil N ti ,,.. -,g* ----, . -i4.,...- n° °- :-..6 '• .lie 1111111111111111111111111 �„ ., Iw x ea leo 61.975 um imprm 140 M. 62190 _ n 72 )9] 6.085 62 05 t - o T6 9 62 73 1] 90 .320 6235 �0 P fY - V1 54 93075 60 �_ . 70 ms 1.109 62795 62.52 1/1 83 64 296 988 62 35 2/2 3/3 72 68 1% 1.185 62.750 S2 38 1096 1,333 2 990 62 29 111111111111111 as m �sx a9e 6.B�io 6a ® 5.1.1/... >M =wen 1.60652.464 am Y9 1,191 6915 6241 any a 899 1 874 63 875 62 GmsunhY*meehle *enrtnea Amen16. YI6 32 599 1)90 93.900 9334 Cemmuld.*menials *enrtmea*meehw •Resod Ade 61.1.1x19 Pod •3.31.94 Flocen24.we19 Ames 7/71.1/.62 463 ase% 1m7 RAGS 52.46 •Aeaem slwaro64.1879 nlne •Bm10 no.eeamlaa •Sewn Room .9ycmdPeSe n Me Every llmef Name - - - Bgnloniv n Came/ •*mu...oxen and loners .5spvel TY 6.9693.6 •E4cllic v clW,sunon 596.69,nm111Hnvrllxbb •094003166/%961641639•694G1e1'e 9s.O1Wtl• •i I4I dV eY b4aleia •Open mlmq bNa •DU6our Demo 6 Rouge Porion well •Gdsmnomsi.a •P......6 ngLwe9 662 Perk •GE xs9msaM ENERGY STAR NO Gras 6Na •Doule Vewm n laser Sae• Neale,.1196904pool wn0 Beetle Tdsnma •Rol Perim •90M1n9F0' erpry •Mote e pwH mink..on Eu*n6 •Gmbvice Bowe •Sonde.withMedea dnu •lelen C*pea •von..Mlow=kno1a18497. •fmtemmmry F..M.IC �eero •Greene Gmtma n BSMmns WM.,. •Creno He 0.80085 n 000 en •Deem Access 0 Cny Oa9 Perk •840g1nlilnas Lauer •Wood sada 60049 R+e14 66 •/691 •M Soled Ueda91/18 Havas.1.0 m15 1..4 .O.s..e90.1.1x7 HAG*0110 nem.. 24 1 30 000/rouLT4/99964 BOYNTON TOWN SOUARE SITES I b • PACIFICA CASPIAN DELRAY BEACH 1100 AUDACE AVE BOYNTON BEACH.FL 33426 190 SE 5TH AVE.DELRAY BEACH.FL 33483 I� or PACIFICA y CASPIAN ....so 11 • Owen Welton street CeNte LLC 6 $- [ 3- : 1 i . 13,02414- Owmc GrpaleAt: `.-�-�- M g eel Bonno irGf .ii.' :it,-.. -��+�• ' s+ e0 eel Grantee -.10-1 1111111111E1111121E11 76 239 730 5307 `•�Lti, /y /YW 30]996 BA f] f]82 129 712 5.2.801 63 85 >% 1.083 HMS ft al ': L l . >0 ]I% T66 33.368 HID 5300 ]/] 46 H% 1.115 12,820 51 Tsui/A,. W 166% 1,131 PASS PM 019 $ $2.66 96 51 34 79 u .: 2017 ES3588990% vx 32 s% 1.200 sm :zX. AgIN MI Bent .M M r Orwerse HAD. «. . 3/2 30 % 1.293 53.106 b W xw11.c. US 15% m ROB QM CemmunhyA ... Apartsgord Arno.. Community AmunkW Apartnunt hm.nkln •Gere lbws PAN 818.r62534.IC •8.1e B.Im. sele0SE •PH..Bl Afmd me5en I. •01Nens wen wMle Runt mmm000+ •11.6016510 Ora Caenertept n on^ 6 welnn udmlw• •C.,-bx.eleoed 11Ofl,d B.6.Oarbl •Smoke-tree coNeeetsr •Game,5555%wenwnne renner •Ftnmtb.S Slam •hint ib WI TIw n BhM1mtI •Bicycb ren14 mete serene coeNerNAn •Bwn.nne Abel wSutEeck Ctleus.6 .Hunt WA.Tb O.SIS, stn. •Wishglass IS.H.S..o% '.0.. ..Mem N OW •Sun ton pool end C.exs •Ngnn..new n4 stedesrsia+ • •WO Siem ueP Ebclrc Gro •Pot woos.918. eppluenes ••16.One 565.1196188563.1Canm1 0 y5ot0.56aa Canto n Sena t8011 •EVclwgeq s.rms •Beannultwewmelbors 9/n869 •WOOrArtwnIU56Oryip Was. •Onsne h04 650.,I.end Inured does •Me3nnle.P G..A.Brdmdoors •OeynesTef BOAS •A0055,-S staege.iakpe •866861.1.10,t6.80 bits •MFr4N Cvlmeey •6Mi Cads. •Grange Oe vroom caunlenpas N sinksstew Hun •Une glass opn mpenUal WI.. In Sdal moi.. 16 I 1,vuw:01.1/v:en GAMILY EC.TON TOWN SQUARE SITES I n • • SOLE AT CITY CENTER 499 E V E R N I A ST.WEST PALM BEACH,FL 33 401 UNIT MIX RENT COMPARISON L. 1' '°119••� •v�� ^� STUDIO SORT(BY MONTH) STUDIO SORT(BY SF) �•� t� ^R'n' $ ! Sole at City Cente' 62.714 Sole at City Center SO 5) a SOLE C Avrap si,s67 Among. Sail INJ L -----gra �� .'• s S .J Caspain Delray Oeac- E2,601 Gspain Delray Beach $366 7J• '® "`. .- {,M-. ' ' IBR SOOT(em MONTH) IBR SORT(BY SF) .....1 TM ® ill .'"'''IR Cespaln Delray Beach 83.259 Gzpain Delray Reach 5430 . vi ef} A"• Nuveen Sole at City Center 53,174 Sole at City Center 25 tel',i tat �r{�! Average $2,566 Meng* $3.23 TT( i Management Cushman b Wakefield ,3Y4'�' One Boynton $2,466 500Ocean $3.12 The District at Boynton $2,399 Pacifica $2.97 ®®®®®® 500 Ocean $2,382 The District Boynton Boynton $2.95 v .111---';:. '4' J -{ �� 4 Pacifica $2.361 One Boynton $2.74 ,F - x. SruNW1 n 9% SBB 52,911 616 SeaLofts at Boynton Village $1,935 SeaLolis at Boynton Village $231 _ • - /pry, 000 t 0 0% 006 52,841 H& Stan z: s2 es0 s4D 2BR SORT(BY MONTH) 200 SOOT(By FI 1/1 00 055 03,2,3 5181 Sole at City Center $4,209 Sole et City Center $3.96 2018 ®®$3.500®95.8% v1 T 2% 205 a3.n3 SI15 CaspaOneB Boynton Delray Beach 53,871 Ca0Paln Delray Beach $3.00 w ompaa tit 7211 ii.OtO SI 15 One Boynton $3,224 500 Ocean 5297 tII 113 3561 732 33010 5411 Avr•p $3,165 Average $2.71 to ow tae 1.1.152 stn 500 Ocean $3,058 One Boynton $2.62 omm„ v Apartment Amenities 1l1 30 )6 53.182 ,013 .- , pale VI a 30 fes S3,517 5431 Pacifica $2,742 Pacifica $2.45 604071 V.1V"' In a 30 e22 55.737 $4 ss SeaLofts al Boynton Village $2,630 SeaLatts at Boynton Village $237 COKE fl 370 In winc n1/1 Areas e 03,74 St98 The District at Boynton $2,419 The District at Boynton $2.13 -.. &When Islands 2R W 2296 1,051 34,4M 54 23 •Modern stem,Features Fal3umua art 07 toe 1den 300 SORT(BY MONTH) 304 SOOT(BY SF) .. 3333 I^ Tort 91/69./60. ala 1091%% 9111 WAN 0427 SeaLolis at Boynton Vhlage 53,622 The District at Boynton $2.42 • BM,oae Fn cdfin Depose Free hxtly The District at Boynton 03,155 Pacifica $2.41 Cadet•• «Coundops AVM". $3,116 Average $231 •Cmkm Car•rQFans One Boynton $3,111 SeaLofts at Boynton Village $2.15 Pacifica 53.003 500 Ocean $2.06 500 Ocean $2,689 One Boynton $2.02 2e1 APARTMENT COMPARABLES APARTMENT COMPARABLES h.Ill G� , ;L t�' _ �. Y as r N• AI • S•kr ;--..•,:".4.:,2r. Fes.-• :70 0.'. >� _ 3 3 I ,f « 4 •1.4 50001.LAN ONE BOYNTON SLALOITS THE DISTRICT SOFA DELRAY Ill ` SELLER LUCesse SELLER Rangewatr SBLLER Morgan Properties SELLER RAM SELLER Mesirow InstItRUOfUI SELLER RAM BUYER AvanS BUYER Blackstone BUYER SMdler BUYER Nuveen BUYER TA Realty BUYER Avalon 8N Gahan ties Bay SALE DATE Jun-21 SALE DATE Sep-21 SALE DATE Nov-21 SALE DATE Dec-2021 SALE DATE Oct-21 SALE DATE Oct-21 SALE PRICE $100.000000 SALE PRICE $171300,000 SALE PRICE $153000,000 SALE PRICE $125,850.000 SALE PRICE 582.750000 SALE PRICE $117,825.000 PRICE/UNIT $293355 PRICE/UNIT $346.354 PRICE/UNIT $351349 PRICE/UNIT $359571 PRICE/UNIT $481.105 PRICE/UNIT $484.877 PRICE/SF $314 PRICE/SF $301 PRICE/SF $351 PRICE/SF $355 PRICE/SF $528 PRICE/SF $473 YEAR BUILT 2018 YEAR BUILT 2009 YEAR BUILT 2021 YEAR BUILT 2017 YEAR BUILT 2015 YEAR BUILT 2020 S OF UNITS 341 BOF UNITS 494 SOF UNITS 433 S OF UNITS 350 SOF UNITS 172 BOF UNITS 243 AVG.UNIT SIZE 934 AVG.UNIT SIZE 1,151 AVG.UNIT SIZE 1.007 AVG.UNIT SIZE 1.012 AVG.LMT SIZE 912 AVG.UNIT SIZE 1.026 EPI NMRR COM/MULTIFAMILY BOYNTON TOWN SQUARE NTES IFI LAND COMPARABLES LAND COMPARABLES of-T - ( g - '• ,' —r . 1•11•P r_ i' 1fl l•F■ Z f G y 1 _ l i 1 e L TOWN LANTANA PHASE II ECI RESIDENTIAL SITE BROADSTONE AT LAKESIDE AURA BOCA THE PIERCE ONE OCEAN BOYNTON SELLER Kenw m Comunitles EEUER Tuttle Land First Baptist Church SELLER TRG BoCongress SELLER Clly of Boyton Beach SELLER Washington Rat Boca 8 Wexford Cadtal SELLER Investments of West Palm Beach Estate Partners BUYER Related Group BUYER FCI Residential BUYER Alliance Residential Co. 8 The Carlyle Group BUYER TnBUYER nsic Residential Group BUYER Affiliated Development Hyperion Development SALE DATE Jan-20 SALE DATE Jun-21 SALE DATE Jan-21 SALE DATE J1.11-21 SALE DATE U/C SALE DATE Jan-22 SALE PRICE $16,480,000 SALE PRICE 574400.000 SALE PRICE 511,480.000 SALE PRICE $12,880,000 SALE PRICE $7,900,000 SALE PRICE 512,000.000 PRICE/UNIT $45,778 PRICE/UNIT $45,141 PRICE/UNIT 541.000 PRICE/UNIT 540,000 PRICE/UNIT 833,475 PRICE/UNIT 533,520 PRICE/ACRE 5915,556 PRICE/ACRE $480,000 PRICE/ACRE $372.727 PRICE/ACRE 83.389,474 PRICE/ACRE $1,755,556 PRICE/ACRE 53,448.276 S OF UNITS 360 R OF UNITS 319 R OF UNITS 280 R OF UNITS 322 B OF UNITS 236 SOF UNITS 358 ACRES 18.0 ACRES 30A ACRES 308 ACRES 3.8 ACRE 45 ACRES 35 Li I NM.COM/MVLTiiAMILV BOYNTON*OwN SQUARE SITES I PALM BEACH COUNTY •"`` 11 1 , 'o • MARKET OVERVIEW �+ - - - 'y sZ�,n APARTMENT MARKET FUNDAMENTALS 1 11 ..�� �. `��/•//1:�,-f\ F,- - A lit J,6,;',r'' ,et ECONOMIC TRENDS , * A 307% 98.2% 44,f 7 ���EE, '-+ %� - 78,726 4.5% I.p1]vOV •6pa +� "yNA �' ham` Y01'102f E GPbgn,c, . M kl�j . • 1 - Efr Et! a ems ft. 11.0% 96.3% il, . _. ` . . w 77.082 4.4% Pmf.srd Rot Growth Awry.So* •I` '4 1 J4 '� 1]0]]-2025) Os..., \A 1 �.. c"Ilik Po.**m�AYW Projected�G,artl, ak it 1 IL re if ,. - _ `'$101,056 $428,251 ,u . / 3.5% 64.3% A.oy. .» 11014Y• - IFwwbp.wtN.t. MN.CNW N«....locos. f .w ` ' . - f� Nov 2021 Prol..Wn. greok y A i , • 19Y - 5.4% O � � p , 11.5% 5.4% IncrUnits,w..1021 UnitsdwM Elrsd • ',• P.OW.Men Lwntw Pry*PopdNM *NN Lwow wbn.tN.t110211 1r� .. :.': • �i�,.n�� �.�.i ... (1010.209 Bnwtl.(2021-2020) is -- - - BOYNTON TOWN SQUARE Si TES I U • MAJOR FIRMS RELOCATING • COUNTY FOR BO TH •. POPULATION AND INCOME RECENT FIRMS TOP CITIES WHERE #1 GROWXHIN THE rHTE RELOCATING/EXPANDING PEOPLE ARE OF FLORIDALORIDA IN PALM BEACH COUNTY MOVING FROM 41110 OldnNm #1 NEW YORK CITY 0 11 NET POPULATION r• ` Coloyfaplta1 MEM " 11,000+ CHANGE DURING 2020 . �""I wY16F _ _ _ _____.__ 6 - #2 WASHINGTON D.C. • NEW NET INCOME '*''...... {7�7I\L GAIN DURING 1020. 1... �' .�_ 1 " #3 ATLANTA $3.4B+ FAR EXCEEDING THE GAINS S� OF ANY OTHER COUNTY JRL'-.« l T .. ti Pk SURVEYED IN THE US � ' VIRTU W[ALTH[PI[[ - '- Ra f FINANCIAL #4 CHICAGO .f '_ ' % _• 1 t f IV .6 lili�f • P t OF MOVERS CAME I II Y 42 O FRONI NEW YORK CITY ��.1 1 * "THE WALL STREET OF THE SOUTH" {F'ef 0 • + r Y 44 .1 .' r -I r, ..41. Palm Beach County,FL-also known as"WaIl Street of the South"recently announced the 4 A '--_- relocation of 10 financial Industry giants that plan to create thousands of Jobs Financial AVERAGE PER CAPITA ,, Y Y-, f- T f firms have flocked from the Northeast U.5.t0 open offices in the Palm Beaches.In 2020, INCOME FLOW �� 1" 70,000 high Income earners chase to leave New York C taking$36 billion with them and ::°::: hked as the tpgration location in FlorINDIVIDUALALS LEFT NFW — YORK CITY,TAKING SM BILLION 4 Yrs` 7 IN INCOME WITH THEM ERI NNRKCON/NULTIFAM BOYNTON TOWN SQUARE SITES IO • MAJOR EMPLOYMENT CENTERS ACCESS TO 5 MAJOR MEDICAL CENTERS BOYNTON BEACH/ SOCA BATON WEST PALM BEACH Bethesda IFR Delray Boca Raton West Boca DELRAY BEACH Memorial Hospital Medical Center Medical Center Regional Hospital Medical Center tmtmedale Area) V20 minutes WPM (<20 minutes north) BOYNTON BEACH ATLANTIS DELRAY BEACH BOCA RATON BOCA RATON 5 10 15 20 25 6.8M 73K 8,600+/- 18.5M 122K+ 11,250+ 15.2M 88K+ 8,800+/- minutes minutes minutes minutes minutes E. I INtses srIEMB eaPIOTE1. BB INF u0Ct P000885 BNeassrs 481 BEDS 466 BEDS 536 BEDS 400 BEDS 195 BEDS WWI sPAU 670 PHYSICIANS 950 PHYSICIANS 600 PHYSICIANS 800 PHYSICIANS 500+PHYSICIANS 2.579 EMPLOYEES 2.200 EMPLOYEES 1,600 EMPLOYEES 2.100.EMPLOYEES 800+EMPLOYEES Several Class A and 6 office buildings Park at Broken Sound-850 acres,state- Phillips Point East 8 West-443,498 are koated just south of the Property oftheart research and manufacturing SF Class A office space with tenants along Woolbnght Road-Woolbright hub. Includng law firms,financial institutions. Corporate I WoOibright Corporate II, Boca Raton Innovation Camors-TnA personal services and more. Wodb.IgM Professronal Bulking and SF of Class A[acMolo 531 City Center-300,000 SF Class AOBoe IllOtechnological space n 1 space located on the dynamic Clematis r- acreswrth l.5 miles of frontage on 495. Street. • Q uantum Corporate Park located just 5 Office Depot-global headquarters Path minutes north n a 600•xre multi-use more than 1,090 employees. office Cspacece T ITh tenantser- a9335F CIgA business park that houses PUblix includingx. Dstrbuton Center Allstate Canada 50 smess services,lawn medical - ; _ r Dry and others. Nape Employers financial personal _ tt•� •Boca Raton Regional Hospital se and s'r rri P { F •FAU f s r-t.'n- ; ▪ 4eF Holmplovers • • •Bethesd dial Hospital •ORce Depot Tenet Healthcare ':_A'../j 4, ELK 1_ �'f - Lam •Yurtnr HO •Bora Raton Resort 6Club •HU •Veterans Health Administration •BAMCO Construct.,Inc •NCO HO •Florida Crystals Headquarters 'y _ •Wisner Electric ric Inc •U .Sugar Corporation •SikorskyArcraft I •'' •Oardrlves Inc. •Cheney Brothers •Tyco Headquarters --P I i. ' ,�T •P gWMt Y , • •TMS Health HO •B Distributing Company I f l _ "*V111111 : -"w� •US Foods •Ocwen Financial Corporation V L ��� • 1 • IAL HOSPITAL _-I.. Z ', IFeMFBIcatCENTEF EBI NMRRCOM/MULTIFAMILY BOYNTON TOWN 50VARE SITES I g8 I 4 MAJOR EDUCATION CENTERS BOYNTON BEACH BREWING DISTRICT WITHIN 20 MINUTES Located less than ten minutes from the Property is the highest concentration of micro breweries in all of Palm Beach County.The Boynton Beach Brewing District features several Breweries and Tap Rooms. Palm Beach State College Florida Atlantic University DUE SOUTH 12 49,104 15 30,808 BREWERY MINUTES STUDENT ENROLLMENT MINUTES STUDENT ENROLLMENT - .' f I e - a Established in 2012,Due5outh DUI HUN 7 boasts a 15-barrel brewhouse ` 17 ��1. , featuring various craft beers L_� sourced from Key West up to the ` TDA Treasure Coast r 1j - IRL/ - I 170 �` COPPERPOINT •i . -,~I c---,--, BREWING COMPANY T 7" Features a full-production brewery ODPVLRvo1Nr Lynn University Palm Beach Atlantic University t,.Z � A.. and tap room,and host of various . local gourmet food trucks every week 15 3,839 15 3,579 I MINUTES STUDENT ENROLLMENT MINUTES STUDENT ENRO.. ''- .4*.t 1. . li,‘1:1°,e Lel : ,-�•� L4H m.i- crzi, I Local'neighborhood- HOBO t 1}L ° featuring a brewery and tap room .al Nees CAM/MULTIFAMILY BOYNTON TOWN SQUARE SITES I0 • • REGIONAL SHOPPING VENUES OUTDOOR ACTIVITIES BOYNTON TOWN - THE BALLPARK OF THE '- PALM BEACH ZOO ----• - - CENTER AND OAKWOOD " PALM BEACHES rti;�aiw SQUARE M t f- •For over so years the fry + •Home to ban the Washington Nat ovals •� • .' Palm BeatheZoo has '� •Boynton Town Center has AOBK•SF and Houston Astros'spring training /I,i_ - .1`` • .+ remained one of Palm __ • with major tenants that Include Best (ac Imes / - Beach County's signature Buy Michaels,Super Target,Total _ outdoor recreational • u 1 •Newest Spring Training Stadium In �y I -II*' ��- } l 4 options .i.,- __ •Oakwood Square offers MK*SF y+^- J i space •Baseballstad'umw[hfi.500.person t BEACH LIFESTYLE o/retails with retailers such as both 50 Lea ue , ,___ifr I Stein Marti TJ Maxx Pier 1 Imports, capacity,providing Ior- g i I •The Bo [an Beach area 11 Petco,Klrkland's and more teams with separate facilities including Yn two major league-size practice fields, -• has beautiful public i 'i! four minor league-size practice fields. - - beaches that attract an agility field,half-field,battingcages ` visitors and locals B B ry 8 and pitching mounds T � 'Peanut Island is a nice j��-� - spot to get away to for iRa - a ;.� the day.With a walking RENAISSANCE DELRAY BEACH'SVail around the island COMMONS ATLANTIC AVENUE • I - •. and lots of snorkeling spot;its easy to remain •Offers a convenient variety of retail, •The vibrant downtown man street .. /pp tio:.; entertained dining and lifestyle options of Delray Beach's Atlantic Avenue i5 ,� �Nr - •Gulfstream Park m Delray •Stores Include:Starbucks Bone Fish, located only 10 minutes south from jll � ^I! the Property . ' ` Beach K a hidden gem of Hurricane Grill,BurgerFl,FNe Guys, - beachfront,perfect for Massage Envy Village Tavern,Bar r •Atlantic Avenue exhibits an excellent Inc explorer that would Lowe and more f __ Combination of antique shops, '• rather stay away from the • 1 clothing boutiques,art galleries, la rge crowds i-j_ upscale restaurants and nightlife r entertainment venues `- •.°' IT , V I BONNTON TOWN SOualE SITES I a • 1 RECREATION AND ENTERTAINMENT RECREATION AND ENTERTAINMENT ROSEMARY SQUARE PALM BEACH/ �� WAREHOUSE DISTRICT1 THE BREAKERS .^ ' Premier destination in downtown r A recently redevelopetl compound of - i.-0-- • West Palm Beach •The Palm Beach Convention Center 9 85,000 square feet of vintage 1925 •Offers amix of over 80 national is an architectural masterpiece . 0 !!!r 6 1968 buildings converted Into the .. . a containing a 350,000 SF center — "District- S stores specialty shops,restaurants, -R featuring a 100.000 SF exhibit hall, and entertainment options •Up and coming hdesfination in 22,000SF ballroom ut actl 21,000 SF West Palm Beach that offers 14 y •Dramatic Mediterranean flexible breakout space divisible into Is + ,• { architecture,hisrorlc cultural 19 rooms ; zi fi'Q restaurants,breweries,nightlife, �, + �. arts theater,prhate residences, - = boutique shops and fitness options r, s�, ft7_ pace •ti •Worth Avenue In Palm Beach �' commercial office s a features luxury,designer zeta l arta 11 , f r E 9U( spectacular fountain show,and ry1 openarr plaza atmosphere is the forefront of fashion in the U.S. 1 a iT I � -n ` it< a •Dining options Include:RH Rooftop . •The Breakers,aworld-renowned i= .. 1)..... C R n Pura • hotel and resort with 140.acres of : -- •�di� Restaurant. Vida,True Y (1... oceanfront Property,(ed[Ure5two - 4111 .1i10 Food Kitchen,Brio Italian Grille, - r championship golf courses.a lull '�-• ) 1)-i.t it Cheesecake Factory,Ruth's Chris, spa,private beach,tennis courts, q Planta.BurgcrFl,El Camino(Coming a - _ PALM BEACH OUTLETS/ _ ._, _ is,: Soong Sweetgreen(Coming Soon) • -- pool.Turkish steam bath � .� ;_ / _ .1C_ MARKETPLACE AT 3 ".+ THE OUTLETS -""�- - - _ --- • •Located directly off I-95 at Palm i� �sw�.r� iI'- CLEMATIS STREET` Beach Lakes Boulevard \ ANTIQUEUE ROW •Thehistorical heart of downtown V' •740K SF of retailspace with more . West Palm Beach,starting at Flagler than 100 outlet stores _ •than 400s a collection art more Drive waterfront and continues ���� ""- 440K SF of fashion outlet stores - than shops and galleriesis through oosemd Avenue westward /r r. • v considered to be one o the finest g Rosemary such as Saks Fifth Avenue Ban J iI{ i' antique shopping districts in the •Contains colorful boutiques, r L /i1 Crew Kenneth Cole,Talbots,Banana ��/ untry.Itis located all on one street Y lU -^ nightclubs,live music,restaurants, Y•r s� Republic and Ann Taylor '- �3a1_• and within walking distance . _ • f i. antique shops and historical - ti= •3008 SF open air Marketplace { •'I •Home to some of West Palm Beach's • •:I _ IarWmarks - ^ anchored M Whole Foods Markel. -` - -- best food options,Including Cholo 1 = 1-i •Features the West Palm Beach `•�, Nordstrom Rack and Bed Bath 8 c+� Soy con na,Rhythm Cale,Belle 8 GreenMarket on Saturday mornings 1A Beyond .y Maxwell's and more e r _ 5 «I NM0KCoefeocTpnuMIIv Ile • NOTES DISCLOSURE Newt, has Peen wan. OrCIOVVO.U.0501,10 Maw lor j INFORMATION FOR ANO NOTICES TO PARTIES ,eyot0.Ih .Ptttr.uptyIa,yob0d ISO T haretneercn Bat S 120.ElAse Notice To Buyers.Re.Acialtional fees Boy...a.FE SUSS,comma,Shames Moyaloaliwa apearelfet 0.„,„ 0.0,„„,..., .0,0 'NW Ore ea oared a eward,fees races.prent,ser my mattes mama.hens.or peewee. Th*Investment .s been meow.by Newmark ar use by a N.14 enamaenra alaselrenfees 0(01001. 01l0.yb*utb,0000000tp,lPttOO at number 01 pones one ooes nor ourpor r to monde a necees.ly occovele dm lime 01 closing Please ceasela 0.canna Mr mart orrna ran reoweano Summary of the Pro., any ot t.asternents mated/nerd.nor Woes d Tow liereratten Tho *avenransuarle le Rule 2.300311)awe. arport to Oa onewasnee or la cream all al the rammer,Much prosperme AdromelrelPVI.Docee Inver,*May need or dem<All moan.,11.6 OM"arvelopect New,* Not.10 Rata,Res Rad.Gela ea east,.somas anu ate bame tasonvaumonons ratan.to the cameral RAIXINGAS Rerlerns ref way omen,Ramps.go:Mawr.acwanufaes 0 a a.,0 whew,.watt,.may accent heat,tea tafeetsehl who am rillOKOOO 10 IL OVO.tuna Lome of req.Mal a..toOtrota0 Rote eavecenes Owner at 10 Want, COnalseente.el Me Main..Contained harem end 0,,,,,,,,,,0„0001000*00, era eaciel4 ono run.Obtawma kern peur aunty putetc end Tn. hare performance of ine Pope,Albs..the Inlarnitan comas,heran Naellevablohearrect the Overeama 0 IN a rearoyees ateclaan env...ma. tot inaccurate0 ale adarrel papanesearChssos to awe.indepenciereaue El*ental htupect...d C...0*. lIt dipence vanhung ell sucts inform.. Fop hies Nam....Me Owner a. All PO1105 to reel este,transactions shot..(MPG Or lOO bent,beaky ano emoVeyeet Reason any 0114 00 Imaloy,f reoraentallan ana war... woman*"coact ol erwronmental factors on ay ear at as OnMerty.rasa, awessod ane mem.O01110pe0 or Or avetted frpm dm Insane.,DM., In.araverref once0 Picwerty Newmark does not[wawa rwestamhens or ThIS POOP hot constitute a represent..that there hes been me wten5pe 00.6.5.,...awa”wnw wtoes d awes tO Nam hushes:re alloys of me Preperly or on.•owner s.nce ma nate Weasel.of warted emumnmental professionals sach era an attendee,civil empmer0), the Inastadret Wenn,Alviyes arel 1..oneaman contaasdat mantra wypienWea ander other persona)welts aberrance to eleterrane I.area..Crawderm sae*Om response.,ot leasevamspurcoasw whether hazardous or OZOIC*WOO Or S.SOMOCOS No.es asbestos.PCPs and 0001110.1 term..amd 01100011101tt10 to inspect the Pro., roam Other contaanants or pen pcnereocal woducts stored en urelarproural tante, area.upon written IOOJOSI to weer este*and our..p CapeCt tmestca Whey walea.le motarak conc.,are*repent se the Pre.,a.re We wan.OM 1.40011 00011001 Or mho wawa ensts Such substances mar .1611.1000F1O910413001144444.1 AGENT Of OWNER MIEMSENTING been used of the COnstmcvon or coeval..Ourdays or may.assent 7100 OWNER AND WILL el COMPIDISIMO•Ir TIM OWNER NI Min Of a a res.of arenas...hes al the Property Venous Waal,state arel*14 70410401100. aulnontlesharre enacted Nes an...Was Owee,w.t.usa stwareeneinean removal amass 1 ana aurae efft Now es havalous masa*one svalawas rat The Owno ancl.wra0 each measly reser,.Me nohl at Par 501,40.. cluway d may Mt to reed wry or as apnea.,of awe.ce ofters mow.,thearaserlyerspar Peschea foe you to man owed.enva war.,prolespon..0.nol.above 00 to rear.tnese*sues ineye hal,when,to coma*a We n ...NO../ Owner shall M.no wael marandmern or Otelwahons to any entry mverw, 0 „0„,„,ern, ta Invatment Otter,or a.,an offer to ourchast cyouenv erress and , 00000 00,00,00 unirsuch oiler fs roomy,a Me Danes a me romement 1 of amour., Of Me Shove,ha...Wily awnet.0011vered a,OPPrOlOOO rOO OW. Now...s not rfeseateno cleaner mem stemenvolares malaw.representaan mg Its tear P041104bob any coneld.s to the CM,*otexastrom Peerage. 0110 taternere.Obtaaan,ara,the lolloeuraerwronmental roma*Plenno he,0,1 MI If ma Or way. the Proven,incad,mahout later..presence or absace of uncap.. Tas mvestmeed Waimea,tm ccreents swept such Mon..,eta.*a 00„,""....' MAW WO,.Waded or*pron..in sources anat.TO Papa.,ea of a —.nu= —u J.:7.1,170Mou 0Cheeme so+ toms ane vaavonS of the Apure Ey accept.,she arearnerd Offen,you agree that you .11,0 ema POW M1 t.sand,Weesterms that you ved not pivaloccary cap..a mea rou ma mat Invastment offer.,won,ot Me cont.s 01 (1 0 0p04t10004 00,010 01,,Oab4/Pto1o,000ato.11 rs the eaponsrealy of mama perchaseve to c.a.rar awn masa.. tO any Other ennty Norma to mess.advosors wean.a nau kPr peel 10 such mates r:aa....nat., veether or rot to ma.agape.,and ham weve. hwe °blamed enigma...ft confrearaary,w000 Rap,erfelatawarea on NO..Laws of the Owner or New,.a.1,Ira all not usa the Investment Ofeer ,0000,0 „„, Tnere are venous walaablet Federal,Pate enct Nag Mens malatIonseetamma — awl ackehrestretwe sedan hen.emboli.over Me parties...plea, Owner Or Newman. per ty Or papa.,thCal,but ma landed to t.1964 Cm+P.M Act 0001,01 01 veormatfon conamace oral as Investment Oilereno may aca00 ancl eh amenanwes thereto Me apeman Woes..0 Peal aprearty Tav Act Ent are nada..to.The Meyers...Ill.Retn.ki Waft Econ..Ree.rch r FRP.")the Comp Ohomme En...mental Reseal.Conwarminen certl Inc NOINHIOI it.Estate meet.Nebo Marlot Facts Appreesel Rea Estate Labay 411 004 the Arnencans asoloames COnatauway You rah, Econorevcs Asswaee taowere,EIPAA/Trat Research WOG ReSIVII01 WOO r0 ONSUO werh kmia.tall?Other pneaponals over the Materna 011.01.1 Florida Dept pf as.00 APOwetes 11 001 Mew no 000*01011111, mom Mrs on ano t,ansaatKon PrOpen y at tha nme Weans return the Investment Of fenra BOY N TON INFORMATION FOR BOYNTON TOWN SQUARE DEVELOPMENT SITES IS AVAILABLE ON OUR WEBSITE: TOWN SQUARE - BOYNTON-TOWN-SQUARE.COM DEVELOPMENT SITES CONTACT INFORMATION Avery Klann Hampton Beebe Tal Frydman Tyler Minix avery.klannOnmrk.com hampton.beebo murk tal.frydmananmrk.com tyler.minixnnmrk.com M 561-703-8332 M 561-317-1910 M 561-504-9250 M 239-281-1895 T 561-210-4138 T 561-210-4129 T 561-962-6211 T 561-210-4140 Jackson Huggett Jonathan Senn Debt&Structured Finance Equity jackson.huggettanmrk.com jonathan.senncwnmrk.com Matt Williams Brooke Cade M 305-431-7229 M 305-720-6059 matthew.williamsnnmrk.com brooke.cade(anmrk.com T 561-210-4146 T 561-210-4145 M 703-943-7602 M 239-810-3713 T 813-981-5122 T 561-210-4133 South Florida Office 750 Park of Commerce Blvd. Suite 230 Boca Raton,FL 33487 T 561-988-8800 NEWMARK CITY OF BOYNTON BEACH City Attorney's Office MEMORANDUM TO: Honorable Mayor and City Commission Lori LaVerriere, City Manager FROM: James A. Cherof, City Attorney DATE: March 1, 2022 RE: Request for Private Attorney-Client Session Pursuant to Section 286.011(8), Florida Statutes, I am requesting a private attorney-client session of the City Commission to discuss pending litigation in the following case: CITY OF BOYNTON BEACH, a Florida municipal corporation, Plaintiff, vs. JKM BTS CAPITAL, LLC., Defendant — Palm Beach County Circuit Court Case Number: 50-2020CA012780-XXXX-MB In attendance will be the City Attorney James Cherof, Assistant City Attorney Donald J. Doody, Assistant City Attorney Gal Betesh, Special Litigation Counsel Thomas Baird and Joanne O'Connor, City Manager Lori LaVerriere, a Court Reporter, the Mayor and City Commission. Some participants may attend telephonically or by communications media technology (CMT). We will need approximately 90 minutes. The time and date of this private attorney-client session is requested to be held on the April 19, 2022 City Commission meeting. S:\CA\COMM\Request For Ex Session-(JKM)(03012022).Docx