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Agenda 07-12-05 BOYNTO.... BEACH COMMUNITY REDEVELOPMENT AGENCY Tuesday July 12th, 2005 Commission Chambers Boynton Beach 6:30 P.M. I. Call to Order. II. Roll Call. III. Agenda Approval. A. Additions, Deletions, Corrections to the Agenda. B. Adoption of Agenda. IV. Consent Agenda. A. Approval of Minutes, June 9th, 2005 Meeting. - 8485 B. Financial Report - May 31, 2005. - 8506 C. Consideration of the Boynton Beach Boulevard Self-Assembly Group Redevelopment Incentive Grant - $15,000. - 8517 D. Consideration of Property Exchange Agreement between St. Paul AME Church and the CRA. - 8526 E. Consideration of Award of the Retail Demand Analysis - The Chesapeake Group - $24,500. - 8557 F. Consideration of Placing an Ad in the 2006 Greater Boynton Beach Chamber Business Guide. - 8559 Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. 8477 Annette Shares X:\CRA Agenda\CRA Agendas 2005\CRA Agenda July 12, 2005.doc G. Fa9ade Grant Application - Sea Mist Marina, Inc. - $8,750.00 - 8561 H. Fa9ade Grant Application - Ocean Chiropractic Center - $14,678.75 - 8566 I. Fa9ade Grant Reimbursement - J. Kent MacMillian - $15,000.00. - 8570 J. Fa9ade Grant Reimbursement - Delray-Boynton Academy - $15,000.00. - 8574 K. Molly's Trolleys Reimbursement Expenses - $34,620.49. - 8578 L. Assembly and Redevelopment Incentive Grant Reimbursement - SEBOF $7,494.80. - 8582 V. Public Audience. VI. Public Hearing. Old Business New Business A. Zonina Code Variance 1. PROJECT: 2623 Lake Drive North (ZNCV 05-002) - 8585 AGENT: Jeff T omberg OWNER: John Trach LOCATION: 2623 Lake Drive North DESCRIPTION: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.C.2, regulating the maximum lot coverage, to increase the maximum lot coverage from 35% to 38.5% for a single-family residence within the R-1-AA Single-family Residential zoning district. Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. 8478 Annette Shares X:\CRA Agenda\CRA Agendas 2005\CRA Agenda July 12, 2005.doc 2. PROJECT: 2625 Lake Drive North (ZNCV 05-003) - 8596 AGENT: Jeff Tomberg OWNER: Avon Investments, Inc. LOCATION: 2625 Lake Drive North DESCRIPTION: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.C.2, requiring a seventy-five (75) foot minimum lot frontage to allow a 22-foot variance, resulting in a fifty- three (53) foot minimum lot frontage within the R-1-AA Single-family Residential zoning district. 3. PROJECT: 625 NE 15th Place (Deasy Variance) (ZNCV05005) -- 8607 AGENT: Maryanne and John Duncan OWNER: Maryanne Deasy LOCATION: 625 NE 15th Place DESCRIPTION: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.C.2, requiring a ten (10) foot side yard setback to allow a six (6) foot variance, resulting in a four (4) foot side yard setback for a screen enclosure within the R-1-AA Single-family Residential zoning district. Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. 8479 Annette Shares X:\CRA Agenda\CRA Agendas 2005\CRA Agenda July 12, 2005.doc B. Heritage Club at Boynton Beach Land Use Plan AmendmentlRezonina 1. PROJECT: Heritage Club at Boynton Beach (LUAR 05-005) - 8621 AGENT: OWNER: Michael Weiner, Esquire, Weiner & Aronson, P.A. Thirty Six Hundred Holdings, LLC LOCATION: Northwest corner of the intersection of Federal Highway and Gulfstream Boulevard DESCRIPTION: Request to amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial to Special High Density Residential; and Request to rezone from C-3 Community Commercial to PUD Planned Unit Development. Mixed use development containing 19,500 sq. ft. of commercial development (office, retail, restaurant) and 166 multi-family residential units. PROPOSED USE: New Site Plan 2. PROJECT: Heritage Club at Boynton Beach (NWSP 05-014) - 8629 AGENT: Michael Weiner, Esquire, Weiner & Aronson, P.A. OWNER: Thirty Six Hundred Holdings, LLC LOCATION: 3629 South Federal Highway Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. 8480 Annette Shares X:\CRA Agenda\CRA Agendas 2005\CRA Agenda July 12, 2005.doc DESCRIPTION: Request New Site Plan approval in order to construct 70 townhouse units, a four (4)-story mixed-use building consisting of 84 dwelling units, 3,500 square feet of restaurant, 4,100 square feet of retail, and 5,164 square feet of office. The site plan also includes a three (3)- story mixed-use building consisting of 12 dwelling units, 5,394 square feet of retail, and 1,380 square feet of office, all of which, are proposed on an 8.302-acre parcel zoned PUD Planned Unit Development. Heiaht Exception 3. PROJECT: Heritage Club at Boynton Beach (HTEX 05-004) - 8662 AGENT: Jason S. Mankoff, Weiner & Aronson, P.A. OWNER: Thirty Six Hundred Holdings, LLC LOCATION: Northwest corner of the intersection of Federal Highway and Gulfstream Boulevard DESCRIPTION: Request for a height exception of 10 feet pursuant to the City's Land Development Regulations, Chapter 2, Zoning, Section 4.F.2, to allow the decorative towers to be 55 feet in height, a distance of 10 feet above the 45-foot maximum height allowed in the (PUD) Planned Unit Development zoning district. Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. 8481 Annette Shares X:\CRA Agenda\CRA Agendas 2005\CRA Agenda July 12, 2005.doc C. Neelam (fka Schnars) Business Center New Site Plan 1. PROJECT: Neelam (fka Schnars) Business Center (NWSP 05-022) - 8675 AGENT: J. Ernest Brady, Stephen James Inc. OWNER: Anand D. Patel (Contract Purchaser) LOCATION: 924 N. Federal Highway DESCRIPTION: Request for Site Plan approval for a three (3) story, 8,754 square foot office/retail building in a Mixed Use Low (MU-L) zoning district. D. Condominium Hotels in Mixed Use Districts Code Review 1. PROJECT: Condominium Hotels in Mixed Use Districts (CDRV 05-013) - 8689 AGENT: Staff -i n itiated LOCATION: Mixed Use-High Intensity (MU-H) and Mixed Use-Low Intensity zoning districts DESCRITPTON: Request to amend the Land Development Regu- lations, Chapter 2, Section 6.F. Mixed Use Zoning Districts to add "Hotel, Extended Stay" as a permitted use in the Mixed Use-High Intensity (MU-H) zoning district; as a conditional use in the Mixed Use-Low Intensity (MU-L) zoning district; and to amend the definitions of "Hotel" and "Hotel, Ex-tended Stay" to include condominium hotel units. Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. 8482 Annette Shares X:\CRA Agenda\CRA Agendas 2005\CRA Agenda July 12, 2005.doc VII. Pulled Consent Agenda Items. VIII. Old Business. IX. New Business. X. Commission Action. XI. Director's Report. - 8695 XII. Board Member Comments. XIII. Legal. XIV. Other Items. XV. Future Agenda Items. A. Consideration of Interlocal Agreement with the City of Boynton Beach for the Boynton Beach Boulevard Extension, Promenade and Riverwalk. (August). B. Consideration of the Old High School Agreement (August). C. Consideration of Interlocal Agreement between the CRA and the City of Boynton Beach for Events and Festival services (TBD). D. Consideration of Design Modification for Drainage Improvements on 4th Street (TBD). E. Consideration of Workshop Meetings to be held on the following dates: 1. Monday. July 18th at 6:30 p.m. (Place TBD) . Heart of Boynton Plan Workshop 2. Thursday. July 21st at 6:30 p.m. at 639 E. Ocean Ave.. Ste 107 . Consideration of 2005-2006 Budget Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. 8483 Annette Shares X:\CRA Agenda\CRA Agendas 2005\CRA Agenda July 12, 2005.doc 3. Thursdav. Aua. 18th at 6:30 p.m. at 639 E. Ocean Ave.. Ste 107 · Consideration of Human Resources Policy Recommendations · Consideration of CRA 2030 Plan, Design Guidelines and CRA Land Development Regulations (LDR) 4. Thursdav. Sept. 15th at 6:30 p.m. at Holidav Inn Catalina on Conaress Avenue · Consideration of Feasibility of Attraction Complex · Consideration and Review of Parks & Recreation plans for CRA XVI. Future Project Preview. XVII. Adjournment. Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. 8484 Annette Shares X:\CRA Agenda\CRA Agendas 2005\CRA Agenda July 12, 2005.doc BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY QUASI-JUDICIAL PROCEDURES1 1. Ex parte disclosures by CRA Board Members. 2. The CRA Attorney outlines the hearing procedure, including a statement that any member of the Board may, at any time during the presentation of testimony, question any witnesses. 3. Attorneys or other individuals acting in a representative capacity make their appearances. 4. Request for identification of any intervenors.2 5. The CRA Attorney or City Clerk swears in all witnesses. 6. City staff members present a summary of the issues before the Board, testify as to their opinions and make recommendations for inclusion in "Conditions of Approval." (The CRA generally limits staff presentations to 15 minutes). 7. The Applicant presents its case, including acceptance or objection to proposed conditions of approval. (The CRA generally limits applicant presentations to 15 minutes). 8. Intervenors present their cases, examine previous witnesses. presentations to 15 minutes). offer their facts and opinions, and cross- (The CRA generally limits intervenors 9. Members of the public offer their facts and/or opinions. (The CRA generally limits public presentations to 3 minutes). 10. Intervenor rebuttal/final comments. (The CRA generally limits intervenor rebuttal presentations to 3 minutes). 11. Applicant rebuttal/final comments. (The CRA generally limits applicant rebuttal presentations to 5 minutes). 12. Staff rebuttal/final comments. (The CRA generally limits staff rebuttal presentations to 5 minutes). 13. CRA questions and deliberation / decisions. , The guodellnes represent a generalized procedure for conducting quaSI-judicial hearings and are subject to modification on a case-b'{- case basis The controlling principal is that all Interested par1ies have the oppor1unlty to offer testimony, eVidence and conduct cress- examInatIon of witnesses 2 An mtervenor can be a person or a busmess, or even another government entity, who claims to have a direct and personal Interest in tre pend,ng matter and who wants to have the same legal rights and responSibilities to par1lclpate m the public hearing as the actual par1les have For example, an Intervenor may also question the witnesses presented by par1les and other intervenors, and can call ItS own Witnesses, who will be sworn to tell the truth and will be subject to pOSSible cross.exammatlon by the par1les and other Intervenors The deCISion whether to grant mtervenor status will be made by the Board Someone who does not qualify to be an intervenor, or could qualify but Just does not want to be one, may be allowed to speak briefly on hiS or her own behalf, either to present facts or to state opmlons, but cannot queslion Witnesses, present Witnesses, and so for1h It should be noted that being an mtervenor In a matter under conSideration by the Board does not guarantee that the mtervenor can challenge or appeal the fmal deciSion m a JudiCial or admmlstratlve proceedmg Also, bemg an mtervenor here may not even be a prerequIsite to filing a challenge or appeal or the final deCISion depending upon what state laws or cour1 rules reqUIre C \Monel_N1cole Shares\LegaI\OuASI-JUDICIAL PROCEDURES 15 Min Max 5_05 doc IV. Consent Agenda Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. MINUTES OF THE REGULAR MEETING OF THE COMMUNITY REDEVELOPMENT AGENCY, HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, JUNE 9, 2005 AT 6:30 P.M Present: Jeanne Heavilin, Chairperson James Barretta Alexander DeMarco Don Fenton Marie Horenburger (arrived at 6:41 p.rn.) Steve Myott (arrived at 6:37 p.rn.) Doug Hutchinson, CRA Director Ken Spillias, Board Attorney Absent: Henderson Tillman, Vice Chairperson I. Call to Order Chairperson Heavilin called the meeting to order at 6:33 p.m. II. Roll Call The Recording Secretary called the roll and declared all members were present. III. Agenda Approval A. Additions, Deletions, Corrections to the Agenda B. Adoption of Agenda Motion Mr. DeMarco moved to approve the agenda. Motion seconded by Mr. Barretta and unanimously carried. IV. Consent Agenda A. Approval of Minutes - May 10, 2005 Workshop Meeting; May 10, 2005 Meeting; and May 24, 2005 Special Meeting. Chairperson Heavilin pulled A for discussion. B. Financial Report. C. Consideration to Purchase Sims Property Located at 909 N. Seacrest Boulevard Mr. Fenton pulled Item C. for discussion. Motion Mr. DeMarco moved to approve the Consent Agenda, as amended. Motion seconded by Mr. Barretta and unanimously carried. 8485 1 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 6, 2005 V. Public Audience None Chairperson Heavilin recognized Commissioner Ensler in the audience. VI. Public Hearing Old Business A. Code Review 1. Project: Building Colors along Major Roadways (CDRV 05-009) (Postponed from May 10, 2005 meeting) City initiated N/A Proposal to amend the Land Development Regulations! Chapters 4 and 9 to limit building colors! and require the review/approval for changes to building colors for buildings located along Boynton Beach Boulevard! Federal Highway and Congress Avenue Agent: Location: Description: Mr. Rumpf gave a PowerPoint presentation and reported the City Commission directed staff to research existing regulations and colors! and to consider regulations to meet the intent of regulating changes in building colors. Staff looked at this for specific corridors in the City! (1) U.S. 1! (2) Congress Avenue and (3) Boynton Beach Boulevard. It was not the intent! however! of staff to limit their research only to those areas and the Planning and Development Board recommended that staff's research go beyond the selected corridors. Mr. Rumpf noted that color regulations could be restrictive and contrary to the Heart of Boynton Plan theme as being "Floribbean." "Floribbean" colors could be bright hues of green! yellow and orange. Staff will be asking this Board how they want to approach the colors for the Heart of Boynton. Staff is recommending the following: . The aesthetic appearance of major roadway corridors in the City be maximized. . Establish a regulatory system! which could be subjective. . Regulations must be clear! concise and defensible. Staff will attempt to identify (1) what is on the horizon! (2) to discuss and identify preferences and colors found to be objectionable! (3) to discuss regulatory alternatives! (4) to get the feel for the subjective nature of color regulations in general! and (5) find a way to place an objective limit on colors using the Munsell Color Classification system. Staff also would like to obtain a of consensus or agreement on color groups that would be included in the regulations. They are proposing to add a less subjective element to the regulations! but to set some thresholds. Staff would like to determine what groups of colors are preferred and a group of colors that could be used. Lastly, they need to determine limits of the most intense colors. 8486 2 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 6, 2005 Mr. Rumpf said he would introduce some terminology that he would be using throughout his presentation and the different words used to describe the different components of a fa<;ade. These definitions are contained in the agenda packet under "Definitions." Also, staff would attempt to show how attractive buildings could be created despite limitation of building colors. Therefore, the components of a building are (1) base, (2) secondary, (3) accent and (4) trim. Slides of various properties were shown and reviewed. Consideration would have to be given to whether their colors would be permitted today. Staff is looking at how the regulations need to be worded or changed to accommodate certain situations being displayed and discussed. Darker colors could be questionable and would be determined on how the standards are proposed. Staff's intent for showing these buildings was to present examples of how color and eye-catching and attractive elements can be introduced into a project without it appearing inappropriate for the project. Next discussed were general regulatory options. Mr. Rumpf reviewed the regulations of eight states throughout the country. Members were directed to the table on the first page of staff's report. The table presents a general example of various regulatory methodologies from the most restrictive to the least restrictive. The most limiting would be a color palette. A color palette would only allow a certain number of colors that developers could select from. The Planning and Development Board and this Board were against this type of regulatory system. Another possibility would be to have subjective codes that would be reviewed by a board. This would mean the colors would be appealing and consistent with adjacent properties. Color standards could be relative standards that would be consistent with established colors in the City. Lastly, the City could have no color requirements whatsoever. Mr. Rumpf pointed out that cities have not adopted very strict regulations, but have merely adopted general descriptions and categories. Slides of colors used throughout different cities were presented and reviewed. Ms. Horenburger referred to the handbook utilized by the City of Naples that they provide developers showing what is acceptable. Currently, the City reviews colors for new projects using the terminology and regulations that speak about compatibility. Mr. Rumpf reviewed major and minor changes to projects. Mr. Rumpf reviewed the language in Part III of the LDR, Chapter 9 (Community Design Plan) that is used to review new projects and is set out in paragraphs Band D of page 2 of the staff report. The language states the building should be designed compatible with an existing character in that area, if it so exists. Staff would apply this thinking to the entire building that would include details, appurtenances and colors. Currently, this is the limit to the City's regulations. Ms. Horenburger was in favor of having a process in place for painting commercial buildings for both new and old buildings. Mr. Rumpf pointed out that staff's proposed changes would address all changes, both old and new, on the selected corridors, except for single-family residences. Staff is proposing to include upper limits, or maximum colors in order to make the regulations defensible and less subjective. In order to achieve this, Mr. Rumpf explained the Munsell Color Classification system that staff is proposing be adopted. Samples of colors were presented to the Board in order to acquaint the Board with the Munsell system. 8487 3 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 6, 2005 The Munsell system breaks down colors into three different attributes - (1) hue (color family that is the primary and secondary color), (2) Value, and (3) Chroma, which Mr. Rumpf explained. Mr. Rumpf explained how the process worked. It is not staff's intention to deal with this on a daily basis because it can be very time consuming. The intent of the system is to provide a framework or limit on colors. Staff is proposing that the limits be at 8 for Value (the Planning and Development Board recommended 9) and a 6 for Chroma. This will not severely limit the secondary colors and does not put any limits on the accent or trim colors. What staff wants to achieve is to set maximum limits for the base color. Mr. Rumpf referred to Paragraph K under Part III, Section 11, Exterior Building Design in his report, that in essence states the regulations are important. If the City has to defend the regulations, they have to explain why they are important. He recited from Paragraph K that read, 'The intent of this section is not to require identical colors, but to require the careful selection of colors that will contribute to the overall appearance of the City." Mr. Rumpf advised that when exterior paint colors are to be changed on an existing building located in the defined corridors, this section would apply. Actually only Section l1.K would apply to prevent someone who is only painting their building in order to meet rooftop screening requirements of accessory equipment or rooftop equipment, Le., only the paint section would apply. Mr. Rumpf next reviewed the corridors he previously referred to, but noted the language is not entirely new to the Code. Mr. Fenton inquired if the bright-colored village on the south side of Gateway applies to the proposed regulations. Mr. Rumpf referred to Section B of the staff report that deals with residential projects that would allow more flexibility for residential projects. Mr. Rumpf responded that they would be allowed under the new regulations. Mr. Rumpf explained that staff is bringing these proposals forward to have something to start with as a base. Mr. Fenton did not equate the colors presented as being "Floribbean" that he feels are vibrant colors as opposed to the muted colors presented. Mr. Rumpf explained that the colors presented were what were on the street currently, and a majority of them would meet the regulations, but would not allow the intense colors of a Caribbean palette. Residential projects would be allowed a greater gamut of colors that would include white, beige and earth tones. As it is written now, the Caribbean gamut of colors would not be allowed. Mr. Barretta asked what would be considered a "mixed-use" project and Mr. Rumpf stated it would apply to commercial, not residential. Base colors would be light or high value colors, limited to whites, grays, and beiges. Atypical colors such as purple, pink, blue, green and teal will be substituted with more pastels or hue categories, such as yellow or peach. Secondary colors will not cover more than 25% of the wall area and would be consistent with the wall color standards or could be a moderately saturated wall color, or moderately saturated complimentary color. Trim and accent colors would be the most saturated colors allowed and it is encouraged to be complimentary earth tones and/or pastels. If applicants would like to use a color that is out of the recommended ranges, they may be required to provide proof using Munsell chips and research of their own and present them to staff to show what the values of those colors would be and their Chroma number. 8488 4 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 6, 2005 Mr. Barretta requested that instead of secondary colors not being greater than 25%, it be stated it could be approximately 25%, because sometimes it might be necessary that a secondary colors could take up 26% or 27%. Mr. Rumpf agreed with this recommendation. Mr. Barretta was also concerned that all buildings have base, secondary and trim colors because some beautiful buildings could be single or two color buildings. He was opposed to a building being mandated to have base, secondary and trim colors. This could eliminate many examples of architecture throughout the world. Mr. Rumpf felt this was a good point, but many remarkable projects referred to by Mr. Barretta are done elegantly with a great deal of architectural appurtenances, elements and details. In that event, Mr. Rumpf felt it would be necessary to state the project would have those elements. Mr. Rumpf noted Mr. Barretta's suggestions. Mr. Myott was not in favor of raising the value up to 9. He thought 8 would be more than sufficient and Mr. Barretta agreed with this. Chairperson Heavilin noted that Mr. Rumpf displayed some very attractive buildings in light blues and teals and questioned if the new regulations would exclude those colors and Mr. Rumpf stated this was possible. Mr. Barretta inquired if pastels, such as yellow and peach, would be allowed. Mr. Rumpf responded that yellow and peach would be encouraged over teal, blue, and purples. Ms. Horenburger questioned why pink would not be allowed. Mr. Rumpf explained that the industry's description of white bases could include yellow. Ms. Horenburger also pointed out that earth tones could encompass a great many colors. Mr. Rumpf stated if the Board wanted to include pink, they could recommend that it be included. Mr. Myott felt it would be helpful if they were provided with the color charts. Ms. Horenburger inquired if the City ever had a Community Appearance Board that reviewed this type of issue. Mr. Rumpf responded that several years ago, the Community Design Plan was divided into three different districts. Depending upon where a project was located within the City, the project would fall within one of three design districts and it would have to be designed according to that district. This included architectural style and palette of colors and elements. Many years ago the City had a Community Appearance Board that reviewed projects and made recommendations. There also was a CRAB Board in the downtown area. Mr. Rumpf pointed out that if the board was comfortable with the color groups, but did not want to be restrictive on the value and chroma, those items could be modified. Mr. Myott questioned whether or not a disclaimer could be included that would say, "or upon consideration and approval of the City Commission and CRA board...". If a developer really did not want to follow the guidelines and was able to make a good enough case, then the developer would have to convince the board and Commission to vary from the guidelines. Chairperson Heavilin confirmed that an appeals process is included in staff's recommendation. Mr. Myott felt that an appeal could be considered from the beginning, but the developer would know that a higher level of scrutiny would be involved. Ms. Horenburger felt that the developer should have the right to appeal any decision to the City Commission. Mr. Rumpf advised that staff is recommending that the Planning & Development Board or the Community Redevelopment Agency would be the board to hear the appeals and make the decisions. Appeals to the boards are the final step. The developers could not bring the appeals to the City Commission. 8489 5 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 6, 2005 Mr. DeMarco pointed out that developers should have an opportunity to try out a color on a wall since small paint chips can be deceiving. Many times the color is much darker on the wall than it appears on the paint chip. Mr. Rumpf felt there would be no problem with the developer splashing paint on the wall to ensure it is the correct color. Mr. Rumpf explained that there will always be a case where someone will not comply with the standards. It might be necessary to include language stating that the board or Commission could approve a project regardless of whether or not it meets the standards. Chairperson Heavilin felt it was necessary to have flexibility since there may be projects in the Heart of Boynton that would not be held to these standards. Mr. Rumpf explained that the majority of the projects in the Heart of Boynton will be residential buildings with bright colors. The "Floribbean" palette is different from the standards indicated. Mr. Fenton would like the word "and" changed to "or" in Number 5. The way it currently reads, review before both boards would be necessary. He is hopeful that the Planning & Development Board will be reviewing the ones outside the CRA and the CRA will be reviewing the projects within the CRA area. Mr. Rumpf confirmed that this was the intent and agreed to change the word "and" to "or". Ms. Horenburger referred to Page 8454C, Item B, Residential, and questioned whether that referred to only new projects or an existing structure. Mr. Rumpf responded that this referred to both changes and new projects. The entire chapter on new construction applies to the project. That text would fall under that chapter. On an existing project, Number 5 applies. Ms. Horenburger questioned how the people owning existing projects would know that they must meet certain regulations. Mr. Rumpf said that the City will have to get the word out. Mail-outs could be used. Mr. Rumpf feels direct notification works best. Ms. Horenburger suggested providing notices to establishments that sell paint. Ms. Horenburger asked what process is in place for existing commercial establishments within the corridor for a change in paint color. Chairperson Heavilin referred to 8454G. Mr. Rumpf referred to the major or minor criteria section in Chapter 4, Site Plan Review. These paragraphs explain what needs to be submitted. Mr. Barretta pointed out that multi-family projects are part of the residential criteria and a Mixed-Use project must follow the commercial criteria. He felt this needed more consideration. Mr. Rumpf explained that a majority of the mixed use projects will be on major corridors and based on the restrictions of Mixed-Use High and Mixed-Use Low. They do not have the same characteristics as residential projects. Mr. Rumpf said compatibility text is included in the guidelines and staff has the ability to review a project against the compatibility text. Mr. Fenton questioned how this would proceed after the CRA review. Mr. Rumpf said the board would not receive a final document. If the CRA feels comfortable with Mr. Rumpf's level of comfort of the compatibility text, then this will move forward. If the board is not comfortable, then the standards would require more language. Mr. Rumpf pointed out that changes that were requested by the Planning and Development Board that dealt with the change in value and rate, the topic of the Heart of Boynton and the Floribbean impact to the CRA, and the "should", and "will" would move forward to the Commission, unless the board is not comfortable with something in the text and would like a change made to the document. 8490 6 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 6, 2005 Chairperson Heavilin said the Planning & Development Board recommended that the corridors be expanded to Hypoluxo Road, Miner Road, Lawrence Road, Knuth Road, Quantum, etc. Mr. Fenton wanted to know how many specific changes the CRA asked for and on the color palette, the minimum value they wanted to go to was 8 and they got 9. He felt this was a conflict. Mr. Barretta disagreed because he felt it could be one value in the CRA and another in the remainder of the City. Mr. Myatt reminded the members that Mr. Rumpf's recommendation was for 8. Mr. Rumpf said staff will communicate all of the recommendations to the Commission. For the board's edification, Mr. Rumpf enumerated the board's specific changes as follows: 1. The limit to the secondary color is proposed at 25%. It was recommended to add the word "approximately". 2. Allow some wording to provide some flexibility so that it is not required to have all the four different components to the colors - prime or base, secondary, accent, trim. If the building has the physical attributes, architectural character and style, then it would not be required to have all those different colors. 3. Keep the minimum value at 8 versus 9. 4. Change in wording where it describes the appeals boards from "and" to "or". 5. The board expressed great emphasis on getting the word out and educating the public on this. 6. A little bit of concern was sensed on Mixed-Use projects and whether they are Residential or the Commercial (non-residential) category, and compatibility. Chairperson Heavilin announced the public hearing. Commissioner Bob Ensler felt it was appropriate to make some comments on this issue since there has been a great deal of press on this issue. This issue arose out of Commissioner Ensler's concern over the color of several buildings on major arteries throughout the City. In addressing these concerns with Messrs. Bressner and Rumpf, Commissioner Ensler learned that the way the Code is currently written, color is a minor site plan modification that does not require City approval. When the City Attorney got involved, he recommended that the City establish criteria in order to protect the City legally. Commissioner Ensler reviewed documents from 1992 wherein concern was expressed by Commissioners relative to lack of harmony of color of certain buildings. In 1994, there was Commission discussion about making projects more aesthetically pleasing. Even back in the 1970s when Emily Jackson was Mayor, there were discussions about compatibility of structures within the City. Commissioner Ensler reiterated that his major concern was with the major arteries and the commercial areas located along those major arteries. His concern was not with residential. Michael Weiner, Weiner & Aronson located on Seacrest Boulevard, felt it was good to hear the board state their concern about limiting creativity in Boynton Beach. While there should be community standards, it is important to remember that laws are being legislated. Laws should be a 8491 7 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 6, 2005 last resort in curbing human behavior. The few times that people have erred in bad taste may not be a reason to put the City into a position of regulating color. It is important not to eliminate quaint. These things give character to a City. It would be a shame to eliminate that possibility. Ms. Horenburger stated the Spinosa theory as quoted by William F. Buckley. "My right to punch you in the nose stops right at the tip of your nose where your right not to be punched begins." We all need to have a voice and be involved. With no one else wishing to speak, Chairperson Heavilin closed the public hearing. Mr. Barretta commented that staff had done a good job. Chairperson Heavilin referred to the base color and the comment that it be expanded beyond white, beige and gray, to light pastels. It is her opinion that this is too limiting. Mr. Myott felt that these hues would be included in the whites, beiges and grays. There are tints to these base colors. Ms. Horenburger asked that Gulfstream Boulevard be added to the list of major arteries. Mr. Rumpf advised that staff wrestled with what 36th Avenue was and then determined that it is Gulfstream Boulevard. Mr. Hutchinson felt it was necessary to have something to hand out that would show the details of the hues and the ranges. We need to give a more accurate portrayal of the color areas that have been discussed. Mr. DeMarco congratulated the Planning and Zoning Division for a job well done. Mr. Barretta felt that Mr. Rumpf had summarized the board's request very well and he did not feel the need to see the document again. Ms. Horenburger agreed. Messrs. Myott and DeMarco requested a copy of the colors once they are available. Motion Mr. Myott moved to proceed to the City Commission with the board's comments noted. Ms. Horenburger seconded the motion that carried unanimously. New Business A. Abandonment 1. Project: Agent: Owner: Location: Description: 415 SE 5th Avenue (ABAN 05-002) - 8455 Jeanne Heavilin, Salefish Realty, Inc. James E. Ploen 415 SE 5th Avenue Request abandonment of a portion of Railroad Avenue, approximately 30 feet by 77 feet, immediately north of 5th Avenue South, west of Lot 11, Block B of Pence Subdivision and East of the Florida East Coast Railroad right-of-way Chairperson Heavilin recused herself from the discussion of this case and passed the gavel to Mr. DeMarco. 8492 8 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 6, 2005 Ed Breese, Principal Planner, presented the case as described. This property is immediately north of SE 5th Avenue and is situated between a small parcel on the east owned by Mr. Ploen and the FEC on the west. The segment immediately north of this on Railroad Avenue was abandoned by Resolution in October of 1994. When a right-of-way is requested for abandonment, the City transfers ownership to the abutting property owners. In this case, that would be FEC on the west and Mr. Ploen on the east. Fifteen feet would go to each of the parties at no cost. The applicant was required to contact all utility departments. BellSouth is the only one with a buried cable within the right-of-way. BellSouth does not object to the abandonment, but wants to ensure that an easement is conveyed that will cover that utility. Staff has determined that the right-of-way does not serve a public purpose and recommends abandonment with the conditions noted in Exhibit "C". Those conditions include the provision of an easement for the BellSouth utility. Ms. Horenburger asked about the remainder of the property to the north and south. Mr. Breese advised that the northern portion has been abandoned to the property owners and SE 5th is on the south. Mr. DeMarco announced the public hearing. Dave Noble of Salefish Realty, Inc., represented Mr. Ploen and offered to answer questions from the board. Motion Mr. Barretta moved to approve. Mr. Fenton seconded the motion that carried unanimously. land Use Plan Amendment/Rezoning 1. Project: Agent: Owner: Location: Descri ptio n : New Site Plan 1. Project: Agent: Owner: Location: Description: Peninsula at Boynton Beach (LUAR 05-004) Kim Glas-Castro, Bonnie Miskel, Ruden McClosky Jennie A. Smith East side of US 1, approximately 1,600 feet north of Gateway Boulevard (2649 North Federal Highway) Request to amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial and High Density Residential to Special High Density Residential; and Request to rezone from C-3 Community Commercial District and R-3 Multiple-family Dwelling District to IPUD Infill Planned Unit Development Peninsula at Boynton Beach (NWSP 05-013) Kim Glas-Castro, Bonnie Miskel, Ruden McClosky Jennie A. Smith East side of US 1, approximately 1,600 feet north of Gateway Boulevard (2649 North Federal Highway) Request for New Site Plan approval to construct 30 town homes and 40 condominium units on a 3.51-acre parcel. 8493 9 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 6, 2005 Attorney Spillias commented on ex parte disclosures by members of the Board, advising that Items B & C, Land Use Plan Amendment/Rezoning and New Site Plan could be considered together for this purpose. The members disclosed their ex parte contacts with Ms. Miskel and the applicant as follows: Mr. Fenton spoke with Ms. Miskel in his office between the last meeting he attended and this one. Chair Heavilin met with Ms. Miskel and the applicant two months previously. Ms. Horenburger and Mr. Barretta also met Ms. Miskel and the applicant in their respective offices recently. Attorney Spillias reviewed the newly instituted procedures for quasi-judicial hearings. After all the witnesses are sworn and people make their appearances, City staff members will present a summary of the issues before the Board and testify as to their opinions and make recommendations. The Staff presentations should not exceed fifteen minutes in length. The applicant will then make their case and the interveners would make their case and the members of the public would offer their comments, limited to three minutes each, and then rebuttals, by the intervener, the applicant, and the staff. At that time the CRA will go into basically executive session and discuss the matter. CRA members can ask questions at anytime during anybody's presentation. If there is an extensive amount of interplay because of those questions at the discretion of the Chair, time limits can be extended, but they will try to stick to them as closely as possible. Attorney Spillias swore in all those who wished to offer testimony or discussion on the Peninsula at Boynton Beach agenda items. Chair Heavilin asked whether the Board could consider Items Band C for the Pensinula at one time, giving separate motions for each. Attorney Spillias indicated that this would be appropriate. Eric Johnson, Planner, presented the staff summary of the Land Use Plan Amendment/Rezoning and advised that staff recommended approval of the request. The property is located in the redevelopment area, Study Area No.1, and is eligible for the density, the land use, and the zoning district. The project would not create any additional impacts on infrastructure that had not been anticipated in the Comprehensive Plan; the proposed Site Plan was consistent with the intent and requirements of the IPUD regulations and meets the requirements for compatibility with the adjacent properties based on the proposed uses, landscape buffers and setbacks; and the proposed project will have a positive impact on values of adjacent properties and will contribute to the overall development of the City. Staff reviewed the Land use Amendment and Rezoning based on the eight required criteria and Peninsula at Boynton Beach demonstrates compliance with all such criteria. There is one condition of approval with the rezoning request in Exhibit B, Conditions of Approval. Mr. Johnson then reviewed the New Site Plan request and advised that staff recommended approval of the request, with 46 Conditions of Approval, some of which had already been met. In his summary, Mr. Johnson related that the subject property was 3.51 acres in size and is developed as the Lake City Trailer Park. The applicant was required to submit a relocation study and the study indicated that there were 45 mobile home lots or spaces but only 32 of them were occupied with units, 25 of which were leased to long-term tenants. The proposed density would be 19.94 du/acre. Staff reviewed the project for concurrency and found that it met all concurrency requirements in the City, the County, and any other applicable agency. The Site Plan meets the minimum standards and exceeds the Code requirements in terms of the parking facility, the landscaping, the buffering, and the setbacks. 8494 10 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 6, 2005 Mr. Johnson showed a rendering of the Site Plan to the public so they would be able to see where the buildings would be located. There were seven buildings in all and ample buffering. The Board members had seen the landscape plans and configuration of the lot. Mr. Barretta questioned the parking spaces numbered 22, 28, 29, 32, and 33, saying that they did not have the required 24 feet of back-up distance. The applicant responded that this might be an oversight and if it were a problem, those spaces would be eliminated. Mr. DeMarco stated that this had been one of his concerns also. Chair Heavilin asked if the applicant was in agreement with all the Conditions of Approval. Ms. Bonnie Miskel, appearing on behalf of the contract purchaser, stated that the applicant was in agreement with all of the conditions. In response to the concern about the parking spaces, Ms. Miskel stated that these spaces were all surplus and could be removed. They would be happy to make adjustments to the islands. They would work with staff to accommodate the Board's desires on this item. Ms. Miskel related a congenial conversation with the owner of the Lake City Trailer Park who had stated that they had a good run and it was time for a change. This project is consistent with the City's Comprehensive Plan and the CRA goals and objectives as shown in the study performed previously. Ms. Miskel reiterated the high points of the design, commenting on the creative and flexible use of space in the IPUD. The buildings were oriented east and west and north and south. The size of the buildings would be mixed also with two and three story town homes and a four-story condominium building. Views of the water were maximized in all of the buildings. The landscaping for the entire project is lush and extensive. The applicant did not object to staff's request to increase the height of the trees. In summary, Ms. Miskel stated that these were luxury units and the starting price would be in the $400K range. I. Board Questions/Comments Mr. Myott asked the architect to elaborate on the railings for the balconies. Jay Colestock of Colestock and Muir Architects responded that the railing was an open picket rail and the solid line indicates the handrail. Mr. Myott questioned whether the trim was made of foam or cast stone. Mr. Colestock stated it would probably be foam with high-resin on the outside. It would have the appearance of the pecky cypress outriggers with stone crown molding and stone trim around the windows. Mr. Myatt asked that staff give more architectural details on the materials in the future. Mr. DeMarco asked about the foam and whether it was stable in hurricane conditions. Mr. Colestock said he had never seen it blow off in a hurricane and it was attached with very thick mastic. The high-density resin on the outside of the foam was almost impenetrable. Ms. Horenburger confirmed that the foam met the requirements of the South Florida Building Code. Mr. Fenton asked Ms. Miskel to outline the applicant's plans to provide for relocating the residents of the existing Lake City Trailer Park. 8495 11 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 6, 2005 Ms. Miskel stated that in accordance with Chapter 723, notice was given earlier this year when they filed their original application. A meeting had been held, and a relocation package was presented to the residents who attended. Less than twelve residents attended, although some were out of town and neighbors picked up packages for them. Under Chapter 723, the owner either contributes to the Mobile Home Trust Fund or makes arrangements directly with the mobile home owners. An offer has been made to the mobile home owners that nearly doubles the maximum value associated with the relocation of a singlewide mobile home (representing 90% of the mobile homes on this property). The applicant has agreed to extend the offer to recreational vehicles, which are not entitled to any compensation under State Statute. They believe that their offer was very fair. The meeting was positive and those with concerns wish to resolve them as quickly as possible. Under State Statute, the applicant is required to provide six months notice to vacate. That notice has not been given and the applicant did not intend to give it until September. A program was set up where the applicant was meeting with the mobile homeowners individually in order to assess their wants and needs. The package given to the residents include all the vacancies in other mobile home parks in the area. Some people may elect to look for more permanent housing and a specialist has been made available to them to help identify this when possible. They are doing their best to accommodate all the needs and wants of the residents. Chair Heavilin opened the floor for the Public Hearing. Chris Ciasulli, resident of Boynton Beach, owner of Gateway Marina, and former mobile home park owner, stated that the "doubled value" spoken of by Ms. Miskel earlier was actually about $6,000 per owner. His family has owned this marina for 18 years and it houses over 2000 boats. Although the applicant's attorney referred to the marina as a "less than acceptable" use, there are many people in the community who use and enjoy it. He planned to keep the marina for a long time. He spoke of plans to expand, more than doubling his docks, which were in a zero-lot-line relationship to the proposed development. This would be over 500 feet from the seawall where his longest pier now was approximately 200 feet. His permit was under review by the Department of Environmental Protection and it appeared that it would be approved in September of 2005. One of the Peninsula buildings would directly overlook his docks. He wanted to be able to conduct his business in the same way as had been done for the last 18 years. The Marina has several customers with cigarette boats that pull up to the dock at 10:00 p.m. at night after going to the Banana Boat. There is normal marina activity including sword fisherman who return at 4:00 - 5:00 a.m. in the morning, unload their belongings, flush their engines, and do typical marina activity. The noise from these activities was even less than that of the fork lift trucks, back-up alarms, and other activity in the marina. He felt that a disclosure to the effect that the proposed housing units were next to a commercial business where normal marine activity would take place would be needed. The marina is open to the public 24 hours a day, seven days a week, and he did not want the public to lose that. Although the marina had cohabited successfully with the trailer park and the Lakeshore condominiums during their ownership, and the marina driveway separates the massive storage building from Lakeshore, there was no such buffer to the south. The marina storage building is built on a zero lot line. He also spoke of an existing gutter that went down towards the trailer park into a drainage pipe. He was desirous of maintaining this drainage system (of undetermined ownership) for his 30K square foot roof. Mr. Ciasulli felt that allowing 20 units per acre in the proposed development would create very narrow parking spots. He did not agree that the proposed property was "terrible for commercial 8496 12 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 6, 2005 use" (referring to a comment by Ms. Miskel earlier), and he would love to have it. The setback would be more on the south side than it would be on the marina side. Tony Morrow, 2611 Lake Drive, Boynton Beach, lives just to the south of the proposed project. He represented himself and many other community members who were concerned about the size of a building that would stick out over the peninsula. They felt that the proposed structure was considerably larger than the size of a normal home and in terms of impact to the current neighbors; it would be as if the proposed structure were a thousand times larger than a normal home. When he and his neighbors look to the north now, instead of seeing the bay, they will see a huge building. They were not opposed to the townhouses or development. If the proposed development had two-story structures or town homes, there would be much less opposition. He praised the City for its recent development of the City. This, however, was an example of a development that totally changed the feel of the area in a negative way. It was just "too much." Ms. Horenburger asked what kind of height was permitted in this area under existing zoning and Mr. Johnson responded that the two zoning districts represented at this property both allowed a maximum height of 45 feet. Mr. Johnson agreed that approving this change would not dramatically change what was currently allowed. Howard Lawson, a resident of Palm Beach County for sixty years and manager of the Gateway Marina, stated that he wanted to see the marina stay for a long time. It was one of the few places where large boats could be hauled out. He referred to the Morrell Marina to the north that had a large housing development alongside it. At that marina there was noise from sanding, grinding, and fiberglass work and the Gateway Marina would be quiet compared to that. There are Boynton Beach residents who have boats at Gateway Marina at this time. Mr. Myott confirmed that the Gateway Marina was outside the city limits of Boynton Beach and that the City had no jurisdiction over that marina and could not tell them to be quiet. The owner of Gateway Marina mentioned that the occupants of the trailer park had complained to the Town of Hypoluxo about the noise from the marina and he had been written up with no proof from the Police that a noise violation had actually taken place. Jane Miller, a neighbor of Mr. Morrow and resident of Lake Drive, Boynton Beach, spoke as a long-time resident of Boynton Beach. She recalled when Boynton was a nice, quiet fishing community. It was no longer that. Their Lakeside Gardens community was small and consisted of single-family homes. They could accept development, but changing their view from a single story house to that of a five-story condominium, with people looking down on their little quiet bay, would completely take away from the character of their community. She wanted to voice her objection to the proposed height, even if she could not stop it. Ms. Horenburger stated that this area had been zoned for a forty-five feet height for a long time and that would be at least a four-story building. Mike Mrotek, 2624 Lake Drive North, Boynton Beach, stated that he owned the property where the "AA" appeared on the diagram. The point and waterfront was backfilled with debris and rubble when the trailer park was developed, and the builder should be aware of this. The existing trailer park was comprised of 45 homes, largely seasonal in nature. The proposal would replace that with 70 units, largely year-round in nature. He was very concerned with the traffic that would result from it. Mr. Mrotek referred to a case where the residents had fought the building of a home on the point (behind the Ladies Club in Boynton Beach), where the proposed building would block the view 8497 13 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 6, 2005 of the current residents. The residents won the case. That was exactly what was happening with the proposed project. Mr. Mrotek thought that the proposed project was five stories high and a story was 10 feet. This would eliminate any view to the north. He asked that his comments be taken into consideration and passed on to the Commission. Mr. Barretta stated that prior to the public input, he had a very different opinion of the proposed project. He knew that the Marina was not in the Boynton Beach City limits, but it was a neighboring community and there should be a good-neighbor policy. He was concerned about what the developer would do to insure that the marina was not driven out of business by complaints from owners of three-quarters of a million dollar units, when he was already having trouble from the trailer park. He was there first and Ms. Miskel had already referred to the Marina in a disparaging way as an unsuitable neighbor. He wanted to know what the developer was going to do to mitigate the problems that this development would impose upon the Marina. Ms. Miskel said that the beauty of the IPUD was that they might be able to mitigate what they could not under R-3 zoning. As an example, there would be a wall running along the entire north end. She did not mean to disparage Mr. Ciasulli's use, because there were a lot of projects outside of Boynton and projects in Boynton that were marina projects. The fact that a marina is next to residential is not incompatible in and of itself. There was, however, an illegal, non-conforming building on the site of the Marina. His building was closer to his property line than they were allowed to put a building. Unfortunately, that was not a desirable location for his building. However, they did not dispute the fact that he was there first. The project does want to be a good neighbor. They had pushed their buildings away from the border, and the only portion of the building that would be close, the 3-story town home running north south, had no direct openings contiguous to the Marina. They did not have any problem with a disclosure in the association documents that could state the obvious, "If you have not noticed, you are next to a marina." Certain communities that are next to major rights-of-way have language incorporated to put the buyers on notice as in, "Buyer beware. You are in an urban infill area and there are people and uses around you that are going to make noise." They believed their design would promote a good relationship and they had every intention of being good neighbors. They had made no application to change or harm his business. She also commented that they were abutting a multi-family neighborhood, not a single-family one. The people who are located in the R-1-AA actually have a multi-family property to the north of them. They were not directly contiguous to them. Their largest building was a four-story building and it represented only one third of the total site. That four-story building did not exceed the present height limitations. Of greater concern would be the development of the nursery business in this area because that is zoned R-3 multi-family and they are permitted to have heights of 45 feet. There would probably be buildings on that property which would obstruct their view as well. Mr. Barretta asked Ms. Miskel to have someone give a visual presentation of where the large building was. Mr. Fenton did not believe that there would be much of a view going north south anyway. Jay Colestock, the architect, showed the Board where the view started and ended. Anything south of the nursery was in the single-family category. At the very tip of the peninsula, they planned a clubhouse and swimming pool area. They did not intend to have docks, which would probably be an advantage to their Marina neighbor, since there would be no interference and no intermingling of boat traffic. 8498 14 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 6, 2005 Mr. Baretta asked that someone point out where the most noise-generating part of the Marina's operation would be. Since the answer was not readily forthcoming, Mr. Barretta followed it up by asking how they attempted to mitigate the problem. Mr. Colestock said he had mitigated for the visual effects of the metal building on the zero lot line. Mr. Barretta confirmed that other than the wall and landscaping, there were no mitigating features pertaining to noise. Ms. Miskel said that they were using wind-resistant glass and they thought this would help to mitigate the exterior noise. Also, they planned to provide for soundproofing within the buildings. Mr. Myott asked Mr. Doug Hutchinson whether any conversations had been held regarding any affordable access in this project. Mr. Hutchinson said they were not in the Heart of Boynton area and did not qualify for any direct incentives of any type. Mr. Myott commented to Mr. Morrow and his neighbors that a project had come in to the Board a few months before where the compatibility of existing single-family homes was discussed in contrast to the proposed new buildings. They were very well organized and were able to reduce that building by one story. He felt there were some compatibility issues with this project, but they might not be as significant as ones that could come in when the nursery property was developed. Tony Morrow reappeared at the podium and asked if the building was five stories or four stories. Mr. Myott remarked that the parking was underneath and partially recessed, so there were five levels, but four stories of units. The overall height did not exceed 45 feet. A question was raised about the drainage, and Ms. Horenburger said this would have to be addressed in the Development Plan. Chair Heavilin closed the Public Hearing. Ms. Horenburger was offended by the Marina owner's comment that the Board was here to make changes because of money. He was telling the Board that he was applying to the DEP to extend his docks and surely he was doing that for money. She wondered if the City or the County could protest the extension of the docks at the Marina. Chair Heavilin did not think that this had anything to do with the agenda. Chair Heavilin commented that although some people would lose some of their view, it was a good- looking, well-designed project. She was thankful that this project was before the Board instead of some others that might have been proposed for this property. She was glad to hear that the relocation was underway. Motion Mr. Fenton moved to amend the Future Land Use designation from Local Retail Commercial LRC and High Density to Special High Density Residential, and to rezone the property for C-3 Community Commercial in an R-3 multiple family residential to IPUD for the Peninsula at Boynton Beach LUAR 5- 004. Attorney Spillias commented that the Rezoning had to be in a separate motion. Mr. Fenton amended his motion to exclude Rezoning. Ms. Horenburger seconded the motion that passed 6-0. 8499 15 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 6, 2005 Motion Ms. Horenburger moved to approve the rezoning of said property from Community Commercial and Multiple Family Dwelling District to Infill Planned Unit Development. Mr. Barretta seconded the motion. Mr. Fenton asked that the motion be made contingent to acceptance of all staff report and conditions. Ms. Horenburger agreed to add this to her motion and Mr. Barretta agreed as well. The motion passed 6-0. Motion Ms. Horenburger moved to approve the Site Plan for the Peninsula project incorporating all of the conditions and comments of staff. Mr. Fenton seconded the motion. Mr. Myott asked if this was going to be put on the Consent Agenda of the City Commission considering the unanimous vote. Attorney Spillias responded that a Public Hearing was required. The motion passed 5-1, Mr. Barretta dissenting. Code Review Agent: Commercial Uses in Planned Unit Development District (PUD) (CDRV 05-11) S taff- initiated 1. Project: Location: Planned Unit Development District CPUD) Description: Request to amend the Land Commercial Standards, to allow commercial uses to front on exterior or perimeter streets, when such locations are consistent with adopted redevelopment plans. Dick Hudson, Senior Planner, said that the City requested a Code amendment to allow commercial uses in PUDs on the exterior or perimeter streets when such locations are consistent with adopted redevelopment plans and policies. This is another case where suburban development regulations conflict with urban redevelopment plans. In the Redevelopment Areas 1 and 5, when applications are made for the Special High Density Land Use, they also can apply for PUD regulations if they are above five acres. If they are between one and five acres, it is an Infill PUD. In an Infill PUD, commercial uses are allowed only when they front on arterial roadways. There are instances where properties larger than five acres are in areas where a commercial node is already established, and it would be nice to be able to continue commercial along the major roadway and not force residential into that area where it might create incompatibility. There are not many locations where this would apply, but there are some. The proposed language would require only a minor change to the existing language, which says, "Areas designated for commercial activity shall not generally front on exterior or perimeter streets and shall be preferably centrally located within the project." What is being added is: after the word project, "unless these criteria would be inconsistent with or contrary to adopted redevelopment plans. In instances where a PUD and redevelopment area includes commercial uses, it shall be developed consistent with adopted design gUIdelines or requirements contained in the redevelopment plan." 8500 16 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 6, 2005 Motion Ms. Horenburger moved approval of Agenda Item D as requested by staff, Commercial Uses in Planned Unit Development District (PUD). Mr. Myott seconded the motion. Chair Heavilin opened the floor for the Public Hearing, and closed It when no one wished to speak. Motion Mr. Myott moved approval of Agenda Item D as requested by staff. Ms. Horenburger seconded the motion that passed 6-0. VII. Pulled Consent Agenda Items A) Approval of Minutes from May 24. 2005 Chair Heavilin noted that on the last page of the May 24, 2005 meeting workshop minutes, there was a motion and a second to approve the hiring of an Assistant Director. The outcome was not in the minutes. The vote passed unanimously according to Mr. Hutchinson and no one disputed that. Motion Mr. Barretta moved to approve the minutes of the May 24, 2005 meeting as amended. Mr. DeMarco seconded the motion that passed 5-0 (Ms. Horenburger was not on the dais.) C) Consideration to Purchase Sims Property at 909 N. Sea crest Boulevard Mr. Fenton asked for an official vote on this Consent Agenda item. They would be paying 123% above the appraised value and over the property owner's appraisal. This purchase would be a fiduciary responsibility that should be shared by the Board. He felt that it should not have been in the Consent Agenda. Chair Heavilin had some concerns about the discrepancies in the two appraisals. Mr. Fenton agreed, saying there was a huge difference. Mr. Hutchinson stated that the first offer had been based on the first set of appraisals that were found to be off by as much as this. Also, this gentleman also has a business in the area and has other fees for relocation that added to this total price. It was not just the single appraised value, but other considerations too. The value the CRA would pay is in line with adjacent properties in the area. Mrs. Adams, two doors away, was paid in the same range. Mr. Sims has a larger lot and an operating business on the property. Chair Heavilin did not dispute the $223K appraisal; her question was the $100K appraisal. Mr. Hutchinson said those appraisals were being thrown out and they were in the process of re- appraising all the properties going through Eminent Domain and using a new appraisal company. The appraisers were using property appraisals that were about a year old and that was not suitable in his opinion. They had seen a 41% increase annually in this area and this had been documented. Mr. Hutchinson was confident that the price range was correct and would be the price range if they were in Court. Mr. Myott asked for the square footage on this property. Barry Lazarus, The Urban Group, said that they would be paying about $40 per square foot. In his opinion, relative to the other properties in the area, this seemed to be a fair deal. 8501 17 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 6, 2005 Motion Ms. Horenburger moved to approve the purchase of the Sims property located at 909 N. Seacrest Boulevard. Mr. DeMarco seconded the motion that passed 5-1, Mr. Fenton dissenting. VIII. Old Business (not addressed) IX. New Business (not addressed) X. Commission Action (not addressed) XI. Director's Report Mr. Hutchinson stated his report had been given to the members, who had also received updates. Mr. Hutchinson asked that the Board members provide their comments to him. He especially appreciated having their comments in writing. It also helps to have Legal and staff response to the comments. Mr. Myott questioned an E-mail he had received from the CRA office about the preliminary proposed draft ordinance for affordable access. Mr. Hutchinson responded that they were applying the matrices for this program now. This was an early peek for the Board members. Chair Heavilin asked about the Director's Report memorandum, saying that the LDR project was about 25% complete and the project is about 80% complete. Mr. Hutchinson said the LDR was 25% complete and the 80% was on the Design Guidelines and the updated Vision 20/30. There were three separate documents, he said. Chair Heavilin noted that there was: 1) Design Guidelines at 80%, 2) The Unified Update CRA Plan at 85 and 80%, and so forth. Mr. Hutchinson stated that he would apply additional proofreading to the documents that were sent to the Board members. Mr. Barretta asked when the actual Design Guidelines could be expected. Mr. Hutchinson noted that this would be brought to the Board for a workshop in July of 2005. Staff would have the revised corrections by the end of this month and the Board members would have them in time to review before the workshops. In perspective, there used to be the full City staff and a consulting company working on this and it did not get very far and this is why the CRA brought it back in house. With the advent of the Assistant Director, Mr. Hutchinson and Ms. Brooks will be able to redouble their efforts on this issue. Mr. Hutchinson invited the Board members to stop in at the CRA office and obtain a copy of his marked-up version and make comments at the same time. The CRA staff is marking it up and sending a marked-up copy to City staff. Most of it is good, and there is only a narrow section where a new Urban R-3 is being written for compatibility since the existing R-3 is not compatible with the CRA redevelopment. This is a top priority for staff because they want it to go through the Board and on to the City Commission to meet submittal deadlines for the Department of Community Affairs. This has to be transmitted to them in October of 2005 for the April placement. XII. Board Member Comments Mr. Fenton asked about a comment from earlier minutes where the statement was made that the signs would be up for the trolley in three weeks. Mr. Hutchinson responded that the stakes were in the ground and the City crew had been a little pressed for time. 8502 18 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 6, 2005 Mr. Fenton inquired about the Events Coordinator and whether or not one was going to be hired. He also asked if there was an actual position for a Marketing Director. Mr. Hutchinson responded that the Administrative Assistant Position was changed to Marketing Director with its associated pay scale. The Events Coordinator fits into this pay scale scheme. Ads had been published for the Secretary and Events Coordinator. When the Assistant Director arrives, she will sit in on the interviews and that process will begin on the 20th of June. Final interviews are projected to take place by the end of June. Ms. Horenburger asked if the Secretary was the General Secretary/Receptionist or was the Secretary an assistant to the Director or Assistant Director. Mr. Hutchinson responded that the Secretary was a receptionist who also answered the phones and took direction for secretarial assignments from Mr. Hutchinson. Ms. Horenburger asked how many people had been in this position for the last three years, and Mr. Hutchinson responded, that there had been three in four years, but this was not unusual for secretarial turnover in the industry. XIII. Legal (not addressed) XIV. Other Items (not addressed) XV. Future Agenda Items Mr. Hutchinson commented that on Item G under Future Agenda Items, the workshop dates and locations were still accurate. Ms. Horenburger asked how much money had been spent so far on the Attraction Complex, and Mr. Hutchinson responded, "about $75K." Ms. Horenburger noted that it was still unclear whether they would be able to put this facility on the Intracoastal and Mr. Hutchinson responded that they should know this by August 2005. Ms. Horenburger stated that for the information of the Board members, the Army Corps of Engineers had just turned down a project on the Intracoastal. Attorney Spillias stated that he had copies since he had been the attorney for the unsuccessful applicant. Great emphasis had been put on the fact that the proposed project was residential in nature, that there were other alternatives on land that the City owned already. They were analyzing the opinion right now to see how it might impact the CRA's project in Boynton Beach. Attorney Spillias will come back to the Board with an informed opinion on the likelihood of success of this project. Chair Heavilin asked about the issue of the ordinance concerning the car wash in the M-l zoning. Mr. Hutchinson said the process had been changed and preliminary hearings would be held before the issue comes before the CRA to give the CRA guidance. The Commission made this policy change. It will then go back to the Commission. Chair Heavilin asked about the impact to an applicant, and Mr. Hutchinson responded that this was not the CRA's decision. The Commission can pass what it likes and the City Commission will decide whether the CRA needs to hear a particular item. Ms. Horenburger stated that she was talking about future procedures. The CRA Board advocated something and it changed from the CRA Board's decision to the City Commission. Mr. Hutchinson said that the CRA was a recommending Board only. Ms. Horenburger agreed, but stated that the CRA had recommended something and then it changed. Mr. Hutchinson was told this is the City Commission's prerogative. Attorney Spillias stated it could change from "here to there." The CRA could turn down a project and if the developer made changes that satisfied the City Commission, the City Commission could decide in favor of the project. Or, the City Commission could just not accept the CRA's recommendation. Mr. Hutchinson said the record did show what the CRA recommended. 8503 19 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 6, 200S Ms. Horenburger asked who changed the recommendation. Mr. Hutchinson stated she would have to speak to Mr. Bressner. His understanding was it came from a third party to the Commission. Staff only had a few minutes to review it before it went before the City Commission. This was hearsay, however. Chair Heavilin said in an effort to streamline the CRA meetings, Legal had been asked to come up with a quasi-judicial procedure, the Board liked it, and it was adopted. There was some confusion about the Board being able to ask questions at any point. In the middle of public hearing, staff or the applicant should not be called to answer questions. Attorney Spillias said or anyone from the public does not raise the question of his or her time being taken up with questions in the middle of his or her presentation. Chair Heavlin wanted to suggest that during the Public Hearing, questions only be addressed to the person who is speaking, not to the applicant or staff. Ms. Horenburger said at times, a person from the public will come up with something that is absolutely incorrect and she felt it should be corrected right away. Chair Heavilin still thought jumping from the public to staff to applicant was confusing. Commissioner Ensler came forward to clarify the carwash ordinance issue. He stated that when the Ordinance came before the Commission, it was for a carwash on the main arteries. Because of the applicant, there was concern that it might be equivalent to spot zoning since there was a specific place in mind. This came up during first reading of the ordinance before the Commission. At that point in the meeting, staff recommended a change that the ordinance apply to having a carwash anywhere in the M-l Zone as a conditional use. It was either at first reading or at the prior meeting. Because of the change, a "third" reading had to be added to the process. This is why Ms. Horenburger suggested that staff make it clear on the second reading if there was opportunity to comment that what was before them was not what the CRA recommended. Commissioner Ensler said her point was well taken because the ordinance that was before the Commission is not the ordinance that was brought before the P & D Board or the CRA. Commissioner said the Board might want to make a decision about whether it wanted to forward a recommendation to the Commission before it voted on the second reading, that the ordinance come back to the CRA for its review again. Mr. Hutchinson said as staff, the answer would be absolutely. Otherwise, what the CRA had recommended needed to be stricken from the record in regard to this issue since it was "apples and oranges." The current form of the ordinance does affect the CRA now in a negative manner. All the provisions that were advantageous to the CRA were stricken and it was said the CRA had approved the recommendation. He felt this was not the case because it was completely different from what was shown to the CRA when it made a recommendation. The Board should have had an opportunity to look at the ordinance if its opinion was going to be considered. The Board agreed. Attorney Spillias suggested that a way of handling it would be to make a motion to authorize a letter to the City Commission expressing the intent and request of the Board to have this issue brought back to the CRA for consideration. This could be drafted by staff and signed by the Chair. Motion Mr. Barretta moved to authorize a letter to the City Commission expressing the intent and request of the CRA Board to have the carwash ordinance on main arteries issue brought back to the CRA for consideration. The letter would be drafted by staff and signed by the Chair. Mr. Myott seconded the motion. Mr. Fenton asked if the intent was to bring the ordinance back for CRA consideration, the Board wanted to see the "other" version from the City Commission come back to the Board. Mr. Hutchinson said the ordinance could be amended to make carwashes conditional uses in the CRA 8504 20 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 6, 2005 zone. In order for the Board to recommend that amendment, the issue had to come back before the CRA. The motion passed 6-0. Ms. Horenburger left the meeting at 9:54 p.m. XVI. Future Project Review (not addressed) XVII. Adjournment The meeting was duly adjourned at 9:54 p.m. Minutes transcribed from recording by: Barbara Madden, Recording Secretary Susan Collins, Recording Secretary Janet Prainito, City Clerk (June 27, 2005) 8505 21 BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM Rcquested CRA Datc Final Materials Must be Requested CRA Date Final Matcrials Must be Turned into Meetinl! Dates Turned Meetinl! Dates CRA Office into CRA Officc 0 January 11, 2005 December 28, 2004 (Noon.) . July 12,2005 June 28, 2005 (Noon) 0 February 8, 2005 January 25, 2005 (Noon) 0 August 9, 2005 July 26, 2005 (Noon) 0 March 8, 2005 February 22, 2005 (Noon) 0 September 13, 2005 August 30, 2005 (Noon) 0 April 12,2005 March 29, 2005 (Noon) 0 October 11, 2005 September 27, 2005(Noon) 0 May] 0,2005 April 26, 2005 (Noon) 0 November 8, 2005 October 25, 2005 (Noon) 0 June 14,2005 May 31, 2005 (Noon) 0 December 13,2005 November 29. 2005 (Noon) NATURE OF . Consent Agenda 0 Old Business 0 Legal AGENDA ITEM 0 Director's Report 0 New Business 0 Future Agenda Items 0 Other Item DATE: July 7, 2005 SUBJECT SUMMARY PARAGRAPH: May Financials are being presented at the July 1ih, 2005 CRA Board Meeting. Staff has reviewed the financials, the Balance Sheet, Income Statement and Budget to Actual Comparison as well as the Statement of Cash Flows for the approval of the CRA Board. RECOMMENDATION: Staff is recommending approval of May's financials. EXPLANATION: (Background of the issue: Who, What, Where, When, How, Etc.) Financials are presented to the CRA Board for approval each month. FISCAL IMPACT: The financials are presented according to GAAP and Budget. AL TERNA TIVES: N t to Approve the financials. ///\ \ ,'/ ., I ) r9't- Douglas Hutchinson, CRA Director ~ 8506 C:\Monet_Nicole Shares\Agenda\CRA Agenda Request - May 2005 Financials.doc Community Redevelopment Agency of Boynton Beach Balance Sheet Government Funds May 31, 2004 ASSETS Cash and Cash Equivalents Receivables Prepaid Expenses Bond Issuance Cost Fixed Assets Real Estate Relax Inn RiverWalk / Promenade / BBB Extension RiverWalk / Promenade / Land MLK Accumulated Depreciation- Fixed Assets Work in Progress Assets Relax Inn RiverWalk / Promenade / BBB Extension RiverWalk / Promenade / Land MLK Total Work in Progress Assets Furniture / Equipment Accumulated Depreciation-Furn./ Equip Total Assets Total Community Redevelopment $ $ $ $ 24,165,205.87 2,860.25 2,969.37 336,524.77 $ $ $ 869,209.96 $ $ $ $ $ 1,249,398.20 112,906.66 (14,956.54) 26,724,118.54 LIABILITIES AND FUND BALANCES Liabilities: Accounts Payable Accrued Liabilities Note Payable Bond Payable Total Liabilities Fund Balances: General Fund Change in Fund Balance Total Fund Balances $ 307.76 $ 23,037.89 $ 2,752,345.10 $ 19,770,096.45 $ 22,545,787.20 $ 2,475,322.89 $ 1,703,008.45 $ 4,178,331.34 $ 26,724,118.54 Total Liabilities and Fund Balances 8507 INCOME STATEMENT May 31, 2005 Current Month October - April Total YTO Approved Income and Income and and Unapproved Revenue Expenses Expenses Income/Expenses Tax Increment Funds Tax Increment Funds: $0.00 $3,871,616.02 $3,871,616.02 Total Tax Increment Funds $0.00 $3,871,616.02 $3,871,616.02 City Funds City Transfer Funds $0.00 $0.00 $0.00 Total City Funds $0.00 $0.00 $0.00 Grants, Project Reimbursements Grant Funding $0.00 $0.00 $0.00 Total Grants and Projects $0.00 $0.00 $0.00 Interest Income Interest Income $106,586.57 $272,462.78 $379,049.35 Total Interest Income $106,586.57 $272,462.78 $379,049.35 Other Income Other Income $0.00 $5,190.00 $5,190.00 Total Other Income $0.00 $5,190.00 $5,190.00 Total Sources of Funds $106,586.57 $4,149,268.80 $4,255,855.37 8508 INCOME STATEMENT Current Month October - April Total YTO Approved Income and Income and and Unapproved Use of Funds Expenses Expenses Income/Expenses Debt Service Debt Service Principal Payment $0.00 $72,344.25 $72,344.25 Interest Expense Payment $0.00 $81,510.83 $81,510.83 Debt Issue 1 $0.00 $0.00 $0.00 Sinking Fund $0.00 $223,434.08 $223,434.08 Total Debt Service $0.00 $377,289.16 $377,289.16 Program Expenses Web Site Updates / Expansion $0.00 $3,187.70 $3,187.70 Printing & Promotional Programs $0.00 $1,807.90 $1,807.90 Police Programs $22,632.80 $153,898.96 $176,531.76 Transportation / Trolley $8,578.00 $5,627.75 $14,205.75 Festivals / Events / Bus. Programs $75.00 $51,326.37 $51,401.37 Fa9ade Grant Program $0.00 $67,026.77 $67,026.77 Economic Incentive Program $0.00 $10,219.00 $10,219.00 Miscellaneous Programs $0.00 $0.00 $0.00 Total Program Expenses $0.00 $67,026.77 $324,380.25 Project Expenses Riverwalk / Promenade Project $233,153.05 $642,703.86 $875,856.91 HOB Commercial/Improvements $86,199.15 $10,054.83 $96,253.98 Way-Finding Signage $2,865.36 $0.00 $2,865.36 Marina Parking Garage $0.00 $157,500.00 $157,500.00 CBD Parking Site $0.00 $0.00 $0.00 Savage Creatures Complex ($20.00) $20.00 $0.00 Miscellaneous Projects $900.00 $6,635.00 $7,535.00 Streetscapes (BBB, MLK, Seacrest) Total Projects Expenses $323,097.56 $816,913.69 $1,140,011.25 Current Month October - April Total YTO Approved Income and Income and and Unapproved Expenses Expenses Income/Expenses General & Administrative Salaries & Contract Labor $41,122.28 $148,429.43 $189,551.71 Payroll Tax $3,178.58 $10,780.96 $13,959.54 Disability $0.00 $1,024.67 $1,024.67 Retirement 457 Plan $0.00 $1,500.00 $1,500.00 Accrued Time Off ($5,182.08) $4,239.33 ($942.75) Workers Compensation $135.57 $903.85 $1,039.42 Health Insurance $0.00 $11,451.13 $11,451.13 Life Insurance $204.60 $593.99 $798.59 Professional Fees - Audit $0.00 $7,400.00 $7,400.00 Professional Fees - City Staff $0.00 $2,115.02 $2,115.02 Professional Fees - Contracted Services $18,924.30 $232,261.20 $251,185.50 Professional Fees - Legal $22,948.62 $77,161.95 $100,110.57 Professional Fees - Maint. & Cleaning $180.00 $2,287.95 $2,467.95 Professional Fees - IT Support $4,190.20 $9,299.25 $13,489.45 Rent Expense $0.00 $13,920.00 $13,920.00 Telephone Expense $464.17 $4,031.63 $4,495.80 8509 INCOME STATEMENT Electric Expense $220.82 $1,171.68 $1,392.50 Equipment Leases $122.76 $1,837.64 $1,960.40 Office Leasehold Improvements $0.00 $3,795.96 $3,795.96 Property / General Insurance $77.65 $524.91 $602.56 Bonding Insurance $27.16 $160.28 $187.44 Professional Insurance $206.66 $1,386.48 $1,593.14 Promotional/Business Meeting $337.12 $7,680.79 $8,017.91 CRA Meeting / Presentation $0.00 $9,740.20 $9,740.20 Association Meeting $76.00 $1,144.35 $1,220.35 Seminars $260.00 $5,562.91 $5,822.91 Mileage & Delivery Services $106.92 $1,020.60 $1,127.52 Car Allowance Director $427.89 $2,137.32 $2,565.21 Office Supplies $1,562.17 $11,666.80 $13,228.97 Office Expense $102.48 $502.35 $604.83 Office Equipment / Furniture $0.00 $10,376.45 $10,376.45 Licenses, Fees, Permits $43.75 $735.42 $779.17 Membership, Subscriptions $5,250.00 $2,280.77 $7,530.77 Books & Publications $0.00 $700.00 $700.00 Advertising Expense $3,577 .55 $5,336.48 $8,914.03 Career Development $0.00 $515.00 $515.00 Depreciation Expense $1,865.04 $8,017.09 $9,882.13 Office Printing $1,840.76 $1,269.76 $3,110.52 Interest Expense $0.00 $62.69 $62.69 Marketing and Promotions $0.00 $329.00 $329.00 Miscellaneous $0.00 $3,540.00 $3,540.00 Total General & Administrative $102,270.97 $608,895.29 $711,166.26 Total Application of Funds $425,368.53 $1,870,124.91 $2,552,846.92 Fund Sources in Excess of Application ($318,781.96) $2,279,143.89 $1,703,008.45 8510 Community Redevelopment Agency of Boynton Beach May 31,2005 Amended Year To Current YTD 04/05 % of 2004/2005 2004/2005 Date Period Totals Including Budget Budget Budget Budget Totals May Current Month Remaining Remaining Beginning Balance 2,911,982.00 3,668,203.00 3,668,203.00 4.383,630 13 3,668,203.00 Revenues Taxes 3,467,422.00 3,871,616.00 3,871,616.02 0.00 3,871,616.02 0.00 0% J Proceeds 0.00 17,833,519.65 0.00 0.00 0% '-',dnt Funding 120,000.00 120,000.00 0.00 0.00 0.00 120,000.00 100% Interest Income 33,548.00 195,215.00 272,46278 106,586.57 379,049.35 183.834.35 94% Other Income 184,604.00 184,604.00 5,190.00 0.00 5,190.00 179,414.00 97% lotal Kevenue 6,717,556.00 25,873,157.65 7,817,471.80 4,490,216.70 7,924,058.37 483,248.35 Expenditures Personel Cost Salary Expense 223,566.00 294,527.00 148,42943 41,122.28 189,551.71 104,975.29 36% Payroll Taxes 16,767.00 22,090.00 10,780.96 3,178.58 13,95954 8,13046 37% Retirement 457 Plan 11,178.00 11,17800 1,500 00 000 1,50000 9,678.00 87% Short Term / Long Term Disabilit 2,038.00 2,750.00 1,02467 0.00 1,024.67 1,725.33 63% Workers Camp 1,824.00 2,584.00 2,39512 0.00 2,395.12 188.88 7% Health Insurance 23,852.00 32,300.00 11,451.13 0.00 11,451.13 20,848.87 65% Life Insurance 861.00 1,197.00 59399 204.60 798.59 39841 33% Total Personel Cost 280,086.00 366,626.00 176,175,30 44,505.46 220,680.76 145,945.24 52% Professional Services Legal 75,000.00 175,000.00 77,161.95 22,94862 100,110.57 74,88943 43% Lobbying - State & Federal 0.00 30,000.00 0.00 000 0.00 30,000.00 100% City Staff 7,500.00 7,500.00 2,115.02 000 2,11502 5,384.98 72% Contracted Services 505,233.00 630,23300 232,261.20 18,92430 251,185.50 379,047.50 60% Audit 8,500.00 8,500.00 7,400.00 000 7,400.00 1,100.00 13% I. T. Support 16,00000 43,215.00 9,29925 4,190.20 13,48945 29,725.55 69% Total Professional Services 612,233.00 894,448.00 328,237.42 46,063,12 374,300.54 520,147.46 58% Office Rent Expense 19,200.00 19,200.00 13,920.00 0.00 13,920.00 5.280.00 28% Main!. & Cleaning 4,100.00 4,100.00 2,28795 180.00 2,467.95 1,632.05 40% Office Leasehold & Moving 750.00 5,442 00 3,795.96 000 3,795.96 1,646.04 30% Phone Expense 8,500.00 8,500.00 4,031.63 464.17 4,49580 4,004.20 47% Electric Expense 2,160.00 2,16000 1,17168 220.82 1,39250 767.50 36% Office Total 34,710,00 39,402.00 25,207.22 864.99 26,072.21 13,329.79 34% ment Leases Expenses 4,500.00 4,500.00 1,837.64 122.76 1,960.40 2,539.60 56% h. .ance Property/ General Insurance 2,051.00 2,051.00 1,146.12 0.00 1,146.12 904.88 44% Bond/Liability Insurance 400.00 400.00 370.69 0.00 370.69 29.31 7% Professional Insurance 4,049.00 4.049.00 2,480.00 0.00 2,480.00 1,569.00 39% Insurance Total 6,500.00 6,500.00 3,996,81 0.00 3,996.81 2,503.19 39% Travel! Entertainment Expense Promotional/Business Meetings 0.00 9.500.00 7,68079 337.12 8,017.91 1,482.09 16% eRA Meeting / Presentation 0.00 12,150.00 9,740.20 0.00 9,740.20 2,409.80 20% Association Meeting & Seminars 0.00 11,222.00 6,707.26 33600 7,043.26 4.17874 37% Mileage & Delivery Services 1,080.00 2,080.00 1,02060 106.92 1,127.52 95248 46% Car Allowance- Director 3,708.00 4.708.00 2,13732 427.89 2,56521 2.142.79 46% Total Travel Expenses 4,788.00 39,660.00 27,286.17 1,207.93 28,494.10 11,165.90 28% Office Supplies Office Equipment/Furniture 000 18,427.00 0.00 18,427.00 100% Office Expense 1,500.00 1,500.00 502.35 10248 604.83 895.17 60% Office Supplies 9,500.00 14,500.00 11,666.80 1,562.17 13.228.97 1.271.03 9% Total Office Supplies 11,000.00 34,427.00 12,169.15 1,664.65 13,833.80 20,593.20 60% Licenses, Books, Publication Licenses/Fees/Perm its 1.250.00 1,250.00 73542 43.75 77917 470.83 38% Membership/Subscri ptions 3.98400 3,98400 2.28077 5,250.00 7,530.77 -3,546.77 -89% Books/Publications 1,00000 1,000.00 700.00 0.00 700.00 300.00 30% Total Licenses, Books, Publicati 6,234.00 6,234.00 3,716.19 5,293.75 9,009.94 -2,775.94 -45% Advertising & Public Notices 1,500.00 10,000.00 5,336.48 3,577.55 8,914.03 1,085.97 11% Career Development 0.00 3,000.00 515.00 0.00 515.00 2,485.00 83% Office Printing Expense Office Printing 2,500.00 2,500.00 1,269.76 1,840.76 3,110.52 -610.52 -24% Newsletter 2,500.00 2,500.00 000 000 000 2,500.00 100% Printing - Annual Reports, Brochl 0.00 15,00000 1,80790 000 1,80790 13,192.10 88% Tot", Office Printing Expense 5,000.00 20,000.00 3,077.66 1,840.76 4,918.42 15,081.58 75% laneous Expense 1,000.00 10,000.00 3,540.00 0.00 3,540.00 6,460.00 65% 8511 Amended Year To Current YTD 04/05 % of 2004/2005 2004/2005 Date Period Totals Including Budget Budget Budget Budget Totals May Current Month Remaining Remaining Debt Service Principal Payment 134.925.23 134,925.23 72,34425 000 72,34425 62,580.98 46% Interest Expense 182.37273 182,372 73 81,510.83 000 81,510.83 100,86190 55% Debt (P&I) 0.00 1,004,678.00 223,434.08 000 223,434 08 781,243.92 78% Bond Issuance Cost 0.00 300,000.00 336,524.77 0.00 336,524.77 -36,524 77 0% Total Debt Service 317,297.96 1,621,975.96 713,813.93 0.00 713,813.93 908,162.03 56% Operating Expense 1,284,848.96 3,056,772.96 1,304,908.97 105,140.97 1,410,049.94 1,646,723.02 Amended Year To Current YTD 04/05 % of 2004/2005 2004/2005 Date Period Totals Including Budget Budget Budget Budget Totals May Current Month Remaining Remaining PROGRAMS Web Site Update/ Expansion 5,000.00 19,37800 3,187.70 0.00 3,18770 16,19030 84% Police 350,000.00 557,36800 243,251.44 22,63280 265,88424 291,483.76 52% Transportation I Trolley 471,96600 471,96600 5,62775 8.57800 14,205.75 457,76025 97% Assembly & Redevelopment 0.00 90,000.00 0.00 0.00 000 90,000.00 100% Single Family Residental 0.00 100,000.00 0.00 000 000 100,00000 100% Festivals/ Events/Dee/Bus. prog 51,025.00 66,025.00 51,65537 75.00 51,73037 14,29463 22% Fac;:ade Grants 181,118.00 181,118.00 67,02677 0.00 67,02677 114,09123 63% EconomicDevelopment Grants 18,882.00 185,00000 10,219.00 000 10,21900 174.78100 94% PROJECTS CRA Office Space 0.00 000 000 000 000 0.00 #DIV/OI BBB/Land/Riverwalk / Promana( 2,910,49200 5,535.17200 642,703.86 233,153.05 875,856.91 4,659,315.09 84% Streets capes (BBB,MLK,Seacre; 000 140,000.00 0.00 0.00 0.00 140,00000 100% HOB Commercial/lmprovemenl 684,457.00 2,915,00000 941,10581 229,031.97 1,170,13778 1,744,862.22 60% Way-Finding Signage 000 58,46500 0.00 2,865.36 2,86536 55,59964 95% Marina Parking Garage 750,000.00 750,00000 157,500.00 0.00 157,500 00 592,500.00 79% Town Square Project 0.00 50,000.00 0.00 0.00 000 50,00000 100% Savage Creatures Complex 000 75,000.00 20.00 000 20.00 74.98000 100% Miscellaneous Projects 0.00 55,00000 6,635.00 900.00 7,53500 47,46500 86% TOTALS EXPENSES 6,707,788.96 14,166,264.96 3,433,841.67 602,377.15 4,036,218.82 10,130,04614 Total Reserve Balance Before D 9,767.04 11,706,892.69 4,383,630.13 3,887,839.55 3,887,839.55 Reserve Balance 250,00000 503,527.00 503,527.00 000 503.52700 Reserve Balance on Bonds 0.00 0.00 1,707,250.00 000 1,707,250.00 TOTAL RESERVE BALANCE -240,23296 11,203,365.69 4,383,630.13 3,887,839.55 3,887,839.55 8512 STATEMENT OF CASH FLOWS BE~I~NIN~-C~S~~~~~~~i~---=--~=----' ffMay -~::~~-iT-~=~==~=~~=+-~$--2~-,~~~~~~~.;9- -R~VE~~~~_ _--~_===~~~=---- T-'!I_______= ---.j-1-------~~~-~=~~---~=~----=- I Interest Income I , , ii' -i-!Sun TrustiSBA----------------------------p------- l~ $ - - --15,325.13:------H ------ ---r----1~---- - . ---------- ~--------- I ..,-----------r----------- - tT~~~:t~~~ii~come-------------------- ~.- 1- __H ---: :~:~~~:;; t ------ ------ __~l_r=: --~~=-=----=---= ~==--==~-==-----=--==--===--===-=-=-1=-~~-=.~-- - __~_____.__~,____________.____~_______J J_____ -- ------~~-- ~~~~~~~~~~E~-- __________________ _j.____ --in! ___, $ 60,955.35 1[~~~r~~:y~1---=~~=~:::~~ =---~-=-II$ -:~21571 J - _- ~=8::- ::::___ ~= _~. _-t~~paYrOII_"^"eek#2 _________ _ __~---!.i...5-07.~51 j _______- ___~-Jl'~~~II-WeE:lk~------ _ _ _ _ _ ~_7 ~574.42....:.1------ j-i---~---- -I-,T."",_(;"," S'pJ'Ort_Un' ._.n,_ -- - I $ ,.384.62Ir- --!---~--------------.~-- i-_t"fexas f~i!9 Supp.~r:!_!:J.nit ~----- ---- _ --J.!.., i $~- _- 3 4:6~011..5;444 -__----, --;-, -- - . Il~~n~~irt:f~~:rtn==-- t~I' $ ~, ~:~~~~ I t::~ -+1 ~=__~ _ _ =-~-i!LSa~~i-es E~pense - -- _ -- _ __ =--:---- --t _ ',_ _ __..:-_-=~-~~+L$ _...:-.- 46,32~_ _ ___==--- +'::I_~alth Insuranc~______ -------+-1- -- - - t+--- 1.1----- --- Io~~~}.~~~~;.~t:on.:.:::.-=-::.::..:-=..(.:-t - ~ . 22~~~1l ;=-~,2~5. 7!.I-l::.-:- --~- 'olnsuromee Exp,mso ... .___m ... .- .1 ~---- - -- ~ - . ..... --'T' m --- liiJ!~~~t,~~~~:;~::-~ ..:~==-~rt-~_=71:15 .':-m~1.41 }t -:=;; ..~~ :---~~:~~:~~t~:~:~~;~~~~~~_____=~=_--____=_~___I !u~ -t~~:;~f- - .._n----~~--- . f::~;~~~~~:;:~:atfcle~k_ --_-1.[ $~ -~_2~~7~__n - IT-O~~~~~~:~i~~~j-t~:~f!eCsh-~ CityGlerk. m ------r+------n-- - n~1 $ ==f:~~fessi~~aISe~_Tces' ~,_===--=.::.:..:..:.~-=~==~-=~~:~ t'- .- =--=Jin----==-- __..J_____ un_--=--===_=_=__~_=_ _I[~~I~i~l~~~~~~~n _~~~-h-__~__--==_~___ --i-.-~--.3,~1;:~~ft~~----=--~-- _:u.. . ____ ____~___-- .1t;~rL:~:;~t _~:~;T-~'__-- -=. . .- - + l--cC'===~T i$ m_4.19~.20! T __-~~=-- f;~t!~~~~f;~~Jb~~S~-===~~:.. ..2::~~::~+$=...2~~8~!...=~::--m:= l~_n.-_Tec~n_~.!1Eirl.E:l.eril1_g'_lll~____ _n_+-:!._______981~go ____J--r ___u___ The RMPK Grou ! $ 119.37 8513 Susan's shares Statement of Cash Flows iThe Urban Group --t~rl9-~IPerlS~Onc3~ou p___ _~ Suntech Engin_e~Eing _________ I Jonathan Ricketts $ 17,636A3 ; __+__~_~__._. __~_~__ ___ _____".___n. _._____.__________~ _~_.._ _~ __L~onatha_n Ricl<.etts ~_ ! _ i ----- i _ Total Professional Fees. Contracted 1-1- $ 29,081.45 [ c Ii'T;;:,~~;~~i~~n~a;nl..;;g.an;ng .~ I , _~-- .---1 _ ] -LBertram Br_own_ -_H_a_ndy Man Services ------ - ___Un. _ --;- -'t~~;~i~~~~;~~-;.aini&t,.a:;~: . -_~-_- j ~ . - ~' ~.~n~ ~- _'800: II_t_~- ~~~ctric-E~enSe =_~ _ ~ _ _ _~1t~e;t::xp.nse.. ..._ -==~~l&=--~~:::~~~--~ 220.82: :_- II()rtal ~ent_ .__1__ ----_______,_L$_ 1,600.00 -1.Ti,le_ph~~~______ _ in ____ I__~FDN (April)__ . $ 230.74 i Cingular Wireless (rvlarch - April) __~grlglJjc~r Wireless (f:~brLJary- Marc;h) -b_~ell_?()0~_.____ _ _ .:!o,~~ Te~ph~_ne E)(~ense ---.- ---------.--. - -- -- ---- -----..-- Members h i p/D u es/Su bsc ri ptions - -~] ~-~AAc.P - - -~==.==~.=_=~---------------- ; I Florida Festivals & Events (Suntrust ) --r---~--._--"-~-_. ~- - -..---...----- $ 1-. -- . $ 1,979~15 : 187.50 ! i '--1 I ~ -r--------- 1- .. .. I. l.~---m 220.00 I - - i- I I 450.74 i -i-~~-'-_...--.---m _ __n -~ . _ _lI()~a I M !111 be rs h_iplD u t)sl~ul:>lic;..~I>!i()_I1.!>__ _._~.______~____ _.. __________________________ 1 P r()I11()!i()'!.~!B.usi n ess Meeti I1gs~~~ i n ~!i!~~_~oard -iH1~~~tyTf:si~- ~~=~e~~~~~~uf3r . 'F1oridaTr1stitute ofGovernment@ F AU --C:-iFGFOj\ (.4!1.nual Conference)- --~~--==_~_____ ~~ .JI~i<l~~~Ol1lo!!o-n~-~.~!Jsiness Meeting~!~~il1C1rs/fRA !3oard -j~iIO~; &D-e[v~ry-- .--------~~---Ir-$- UPS ----- --t t$ UPS _ __ _ __ m___:_~______ Fed Express ______ ."To~! Mil~a9!_~_~eliv.Elry : t$ 5,000.00 -~1J~H~-- ---250.00 I : .-1------- i i in $ 5,250.00 61.15 . -- I I .__.!}2.~} ; 260.00 I . n+I_~~__ 754.08 i I [" $ 125.29 . ,Office Printing ---:--l P~~tiCash =-Susan Vi~lha~~~___ Petty Cash - Susan Vielhauer ~- i ImagiStiCs~Copier Count __u______. -, -trroy Group -Magnetic Tnl< for checks ]_.Q~!~~yJllue~P__,.Tr,t~=__ __--- --- _~_ i Clear Copy In~____ TotaJQ!fice Printing _ ______ t---m------- i I I $ 38.00: - ----~-n--- --287.66 - I i $ 12.33 i ,$ 275.17 [ $ 30.9.2.1 ._ : $ 1,836.50i[ . . $ I 2,479.~~._ -------1 Licenses, Fees - T--~ ~ - ----.---- _ Jf=DLE__ SunTrust Bank Fees --.-------------- ---------- . TotalJ..icense!i, Fees_ $ $ 230.00 ---~--~~--- 25.75 $ 255.75 8514 Susan's shares Statement of Cash Flows 14dvertising u m______~___~_ -lnterviewTravel Expense (R. Bombardier) r- -- -- -- - - - -- --- - -~----- ..- ----- ~ -t~~~mBeach.post(AUd~EmPIOyment) ~- - ~u-Jl$~ -~~6~~~~~~i.. - u ------~ - i -~un=Sj;~n!fnElI~(Em~l()yme~t)---~__=__==__~__ lJ L _ _ _. --fotal Advertising I. . $ -t--T-.-..- ~~ ------- --. - -~----..~.~-.----- ---,-------~ --- 1.' ]6ffiCe- Su pplles--- - - - ~~-----=~___ r:---- u ----~--- '_q___ ___ ____nun --i~I~~~~r:~t~;ssa W~Ter &ngo!fee - -- _n - I j ~----- - ~~:;~ - ;~----- - ~-~-~--- r}~k~e"6:; Maps_-~ nU- __-~1' $ -,39-;-7711 - ----= -Jj--- --- +_ _Office Depot __ __ _ _____ _ : I $ _ _~ 873.g6__ __ _ __ _____~_ _____ n ______ =!io~~~i:!~~~~~~s ~-===~: -== ~ _ . ------ T ~ $ __b3~94J r--_~-~ ~~~~~-~-: J~ll! :-~~~~t=~-~:~ ~~;~:~~~~,~%s ----=_ ~~~~~t =--_-_l~_-m-:ll __IFe,~tivals/EvEl~~.!!.Bus. ~rogra~__________ -- - - -Il.~ " . ~f-]i~~;~t~~us==~==--=-=-=::---____t ~_ _ 6441 II IL----- . ..~~:,~:~?!~i~:~:~~'"~s=---~=njJ~~~c=;;H~~ n ~~~~~g-~~----~~~~ Bentro~ Persorl~~z(3d Photography I . $ 900.00 . . , I .?~~~~:::~i~::;y::~~:e__ __-=-==fC;:~~~~- ~~~F=- .-_~_ J~J~l~~~~~a=y ---~ _-~--n~~~-~--;:~+ 1 $_3.2~536: l-c~~--~=--~u __ -lP~1i~~:::gge~,iD-e'ra-YBFk-eandsport-il- --- .. ! i - ---"--!---- i -iG-ene Moore Rent - ~------------~-~--t~---1 ,120.00-------- ------ - ------!.---- -. --" ._-~-------------------- ._.~~-~---------_._----------'~-+-----~--- - ----_..~-----~-- ---_.._,-_._-~._----------- ---.:. Sp.l3ciC:1lE'~odLJ(;ts Group ~~__________I__t____ - _86.00 -1-t ~ _ .. -.._~- .~. j~f~Mi!~~f~t~~Qc~--=_-----=~__~--=-=-f !j-- 2J~H~ 'i= -____=u i ---==-=- r~g~al Offic~CI~aning - - - - -- - i -i ~ -3~~~~~ Li __L - --- ~~:f~:,~::f~:::~~afefY- BcoWa,dComm. College _Il~ -- == 3~~~r! 1~ -~.043.24 i---~-~ .... ~~_~~~.:~~_ c=~~ ~~:u~:~~~~it~'n~;~~~~~~~~~~'!1~~~E~----~_nnn-l-r --------++------- -. I n I ~---- $ i i ---780.43-4 r u.~___.+...j.--- u_ -13-~~~-- --<-=~_ n~!~Z7.:~5__.____ 8515 Susan's shares Statement of Cash Flows -J ~~aLBBB~~~ension, RJ~l!rvv()!~..Pro,!,e_n~d~ --+-._----_.~_. ._-~ ~._.~ --------"------- rHOB +----_._-_.._~- Premier Title Service HOB Phase II -.- -.---..- ---.-.- _goren, Chero.f,l?oody & E_~~~PA _ _'I-h€l_~~~~m GroLJp ____ _ _J=r~c!El ri cSl_, 1 n c-'- REP Associates __ _ _--r-----_____________.__ _~illes~El&Allisoil. PA________ 1 Effie and Willie Adams (relocation) -+-=_.~.~~~:~~~::.:~1~:. ~:r~:~. ~~::~.%.. -- - _Lj~oren.._Cher_oJ, ~~9dy-&Ezrol PA =-_ ,Total HOB - ----_.._-,,--- _._~_._._.- TOTAL EXPENDITURES -----'>-- -- ---~_._-----.__._--_.- -- - ------- _~._.~ __ _______,_...___...._ ___.__________n____ TOTAL REVENUES OVER EXPENDITURES . 1$ ___ ___ _______ __--l-_--j____ 225,231.67 ! }_~-~164.0()r 84,200.00 , ----------i r -$ 3,636-:3511- I $ - ~ - ( u-----i I I 8516 li-- - - j-L- I I ! I 313,231.97! i - i -- __n__ 1- $ 465,125.41 $ 24,346,176.73 Susan's shares Statement of Cash Flows BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM BOYNTON BEACH Requested CRA Date Final Materials Must be Meetin!! Dates Turned into CRA Office December 28, 2004 (Noon) Requested CRA Meetin!! Dates . July 12,2005 0 August 9, 2005 0 September 13,2005 0 October 11, 2005 0 !';ovember 8, 2005 D December 13, 2005 D Old Business D New Business 0 January II, 2005 0 February 8, 2005 0 March 8,2005 0 April 12, 2005 0 May 10,2005 0 June 14,2005 January 25,2005 (Noon) February 22, 2005 (Noon) March 29, 2005 (Noon) April 26, 2005 (Noon) May 31,2005 (Noon) NATURE OF AGENDA ITEM . Consent Agenda o Director's Report DATE: 6/22/05 SUBJECT SUMMARY PARAGRAPH: Dale Final Materials 'lust be Turned into eRA Office June 28, 2005 (l\oon) July 26, 2005 (!';oon) August 30, 2005 (l\oon) September 27, 2005(1"oon) October 25, 2005 (Noon) November 29,2005 (Noon) , D Legal D Future Agenda Items D Other Item The property owners in the Boynton Beach Blvd. Self-Assembly group are requesting an Assembly and Redevelopment Incentive Grant in the amount of $15,000 RECOMMENDATION: Approve grant request in the amount of $15,000, EXPLANATION: (Background of the issue: Who, What, Where, When, How, Etc.) The eRA has encouraged the formation of self-assembly groups to create developable sites, ensure small bUSiness retention and reduce the need for eminent domain. The property owners (shown on the map) have organized, hired an attorney and are in the process of creating a memorandum of understanding. All owners within the site have executed the Program Agreement FISCAL IMPACT: $90,00 was budgeted in line item Project Grants in the 2004-2005 fiscal year. To date $28,000 has been encumbered leaving $62,000 available for the remainder of the fiscal year AL TERNATIVES: < Do not approve-grant.,') :~~i:;--'--'L CRA Staff Vivian L. Brooks, Planner 8517 GISelf-Assembly GroupslBBBICRA Agenda Item Request-grantdoc Jul-07-Z00S 11 :Olam From-RUDEN ~CLOSKY 18TTH NTST +9S47644996 T-Z56 P 008/0Z0 F-397 Memorandum of Understanding IV. 3.0. did 06.17.05] RE: PropertY Owners "'Self-Assembly"' The -Affected Area- is that portion of -downtown" Boynton Beach, Florida lying within an area described generally as follows: on the Norttl by NE 3rd Avenue. on the South by Boynton Beach Boulevard. on the East by the FEC RR R-Q-W, and on the West by 2"d Street This Memorandum of Understanding (-MOU") has been entered into by the "Property Owners," as herein defined, as of the 1st day of June, 2005. DEFINITIONS "Assembly Area" shall mean all those properties lying within the Affected Area. -Business Da~ shall mean any day other than (i) a Saturday or a Sunday, (ii) a national holiday, or (iii) a day on which banks are not open for business within the State of Florida. "City" shall mean the City of Boynton Beach, Florida. "CRA" shall mean the Community Redevelopment Agency of the City of Boynton Beach, Florida. "Director' shall mean the individual then serving as "Director" of the CRA. "Effective Date" shall mean the day on which the last Owner (hereinafter defined) signs this MOU. "Owner" or "Owners" shall mean anyone of the individuals or entities, or all of them, either listed on Schedule "A" to this MOU or signing this MOU by virtue of owning an option on a Property; each party hereto is either an owner of, or owns an option on, one or more of the properties lying within the Assembly Area. 8518 Jul-07-200S 10:S9am From-RUDEN MCCLOSKY 18TTH NTST +9S47644996 T-256 P 002 F-397 .-J Ruden ~I McClosky 200 EAST BROWARD BOuLEVARD FORT LAUDERDALE, FLORIDA 33301 POST OFFICE BOX 1900 FORr LAUDERDALE. FI..ORIDA 33302 (!}54) 527-2476 FAX: (954) 3~-407(l DQNNlFMIS)<'L1(aIR~IPLN CO!\j JlU1e 7, 2005 Railroad A venu~ Self Assembly Group clo Sal Scalzo, Stephen McGuirk, Ken Schweitzer, Betty Hadley, Fred Violette, Michael P. Powers; Mark Kassal and William F. Powers Re: Representation of Railroad Avenue Self Assembly Group (entity to be formed) (UClient'~ in Connection with the Assemblage and Sale of Multiple Parcels within the City of Boynton Beach, Florida Ladies and Gentlemen: Thank you for retaining Ruden, McClosky, Smith, Schuster & Russell, P.A ("Firm"). We are pleased that we have been retained by you in connection with the assemblage described above. This letter will govern the firm's work with respect to the above-marter, as well as all other legal work (and related costs) the Firm performs [or you, unless a different fee and cost arrangement for such work is agreed upon in writing. This letter and the Firm's Fee Addendtun ("Addendum"), attached hereto, describe the basis on which our Finn will provide legal services to you and bill for those services. 1. Attorney in Char~: I will be the "Attorney in Charge" of your legal matters. Although Bert Oliver, Esq. and my Associates will also be involved in handling this matter, please always feel free to contact me with any questions or comments you may have with respect to your relationship with the Firm. 2. Fees: Fees for the matter shall be $10,000 for the drafting of the Memorandum of Understanding ("MOD") between the parties, $25,000 for the negotiation of the transaction with the prospective buyer and $30,000 for the ultimate closing of the five (5) real estate transactions. The individual responsibility of the ovrners for the fees describe,d herein shall be in accordance with the MOU. Any additional services shall bc billed in accordance with our standard hourly rates, as mOre fully described in the Addendum. My ClUTent hourly rate is $350.00. I will, of course, call on my Associates and Paralegals when necessary and cost effective for you. Hourly rates are adjusted annually, generally effective each January 151. RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. CN~~C^5- ":,.F.tlAUDERDA! I "MIAMI" NAPLES. PORT ST. LUCIE. SA,,^SOT A. ST. pnERSBURG . T AllAHASSH "r AMPA. WEST PALM BEACH 8519 <1r"r - '. . . '.. . .. ~ , , , . i . \ r-D~,A 'i~ : .'(' . '; . 2004/2005 ASSEMBLY & REDEVELOPMENT INCENTIVE GRANT PROGRAM PROGRAM AGREEMENT Boynton Beach Community Redevelopment Agency THIS IS AN AGREEMENT, entered into this !:Si:k-day of Ju. Y\ to ~ C) o.s;- , between the Boynton Beach Community Redevelopment Agency, hereinafter referred to as CRA and Betty J. Hadley, Salvatore Scalzo, McKen, LLC, Kenneth Schweitzer, U&C Tire & Auto Center, Inc. and Mark Kassal, a Property Owner(s), hereinafter referred to as the applicant. PROGRAM AGREEMENT 1. Term: The property owner(s) must complete the survey, initial site planning, appraisal, and legal and/or feasibility study within six (6) months of the grant award. Failure to complete the survey, initial site planning, appraisal, legal and/or feasibility study in a timely manner will result in the property owners) losing the grant reimbursement opportunity. Further, the applicant shall enter into an agreement for sales, exchange, etc with a third party developer within twelve (12) months of the date of completion of the grant work. The Board may consider time extensions. 2. Time Extension: The Grant may be extended one time for up to six (6) months by the C R A Board. The request for the extension must be received no later than thirty (30) days prior to the deadline for action. The extension request shall include extenuating circumstances leading to the need for an extension. The extension is at the sole discretion of the CRA Board. If grants are not extended and applicants to not complete the Grant are Scope of Work and/or fail to enter into a third party redevelopment agreement, the applicant(s) are in default. The redevelopment agreement shall require the developer to submit a site development plan to the City/CRA within twelve (12) months of the agreement execution. 3. Maximum Grant Funding Amounts: The CRA will provide a matching grant up to the amount of Fifteen Thousand Dollars ($15,000) to encourage improvements on residential properties for approved expenditures. 4. Default Clause: If no redevelopment sale, contract or agreement occurs within the program term of twelve (12) months after completion of grant activities, the grant funds or prorated share thereof; will be recovered from the defaulting sub-applicant (s) by the CRA. 5. CRA acknowledgement of Funding: The Applicant will acknowledge the CRA's participation in the Assembly & Redevelopment Project. That acknowledgement shall be defined in the application and approved by the CRA Board prior to funding. 6. No Guarantee for Funding: Applicants must complete and submit an application to be considered for funding. APPLICATION SUBMITTAL TO THIS PROGRAM IN NO WAY GUARANTEES CRA FUNDING. 7. Certification: The Applicant hereby certifies that they are the legal owner of the property. FTL 1 45001 0 2 Boynton Beach Community Redevelopment Agency Assembly & Redevelopment Incentive Grant Program Agreement Revised 08/0404 1 of 17 8520 EXHIBIT "A" PROJECT INFORMATION Name of Representative of Applicant(s): See Exhibit 1 Address: Address: City / State: Zip Code: Phone # Day: Evening: Fax: E-Mail: Survey ~ Site Planning, Engineering and/or Architectural 0 Appraisal 0 Legal ~ Feasibility Study 0 Other 0 Description of the Assembly & Redevelopment Proiect See Exhibit 2 Boynton Beach Community Redevelopment Agency Assembly & Redevelopment Incentive Grant Program Agr-eement Revised 08(0404 FTL: 1450010.1 9 of 17 8521 Exhibit 1 Bonnie L. Miskel, Esq. Ruden McClosky 200 East Broward Boulevard (Post Office Box 1900, 33302) Fort Lauderdale, Florida 33301 Phone: 954-527-2476 Fax: 954-333-4076 E-Mail: bonnie.miskel@ruden.com Bert R. Oliver, Esq. Bert R. Oliver, P.A. 2060 NW Boca Raton Boulevard Suite 6 Boca Raton, Florida 33431 Telephone: 561-869-3000 Ext. 303 Fax: 561-549-0025 E-Mail: Bert@boliver-Iaw.com Boynton Beach Community Redevelopment Agency Assembly & Redevelopment Incentive Grant Program Agreement Revised 08/0404 FTL:1450010:1 10 of 17 8522 Exhibit 2 Description of the Assembly & Redevelopment Project Five property owners with property located on the north side of Boynton Beach Boulevard between the railroad tracks and N.E. 2nd Street have assembled their property in an effort to obtain a buyer who would likely develop the site with a mixed use development including retail and residential. The overall group nearly comprises two full blocks in downtown Boynton Beach just north and west of the intersection of Federal Highway and Boynton Beach Boulevard. The group will be hiring a surveyor to survey the entire site and has retained legal counsel to assist in preparing the property and bringing the property through to closing. The scope of work will include the preparation of a survey, the negotiation of a memorandum of understanding between the parties, the preparation of closing documents and title work, and the abandonment of applicable rights of way. FTL1450010.1 Boynton Beach Community Redevelopment Agency Assembly & Redevelopment Incentive Grant Program Agreement Revised 08/0404 11 of 17 8523 401 E. Boynton Beach Blvd. 407 E. Bovnton Beach Blvd. 411 E. Boynton Beach Blvd. 413 E. Boynton Beach Blvd. 313 N. Railroad Avenue 32 I N. Railroad Avenue Lot east of 321 N. RR Ave. 322 NE 31d Street NE 2"d-Lots 13 and 15 NE ]'0 -Lots 9- I I NE 2"d-Lots 17, 19,21 & 23 3 19 E. Boynton Beach Blvd. 521050000010 319 E. Bovnton Beach Blvd. 52 11 800 00071 314 i\E]'d St. Exhibit 4 Current Use of Properties ABC Rentals (stores) Commercial C3 vacant land Commercial C3 Donna's Consignment Shot (stores) CommercIal C3 South Florida Magic Co (stores) CommercIal C3 Warehouse (warchouse!dist term) Industrial jvlI Royal Palm Aluminum (Warehouse/multi office) Industrial MI vacant land Commercial C4 office one story Commercial C4 vacant Multi family R2 vacant commercial CommercIal C4 vacant Multi-family R2 Fred & Joe's Autoedge Tires (auto sales) Commercial C3 Fred & Joe's Autoedge Tires (auto sales) Commercial C3 Custom Lawn ServIce (office one story) Commercial C4 Boynton Beach CommunIty Redevelopment Agenc\' Assembly & Redevelopment Incentive Grcmt Program !\greemenl l\eVISed 08/0404 13 of 17 8524 Exhibit 6 The Boulevard Self Assembly Group Boynton Beach, Florida Project Schedule! Timeline (Version 1.0 dated 0620.05, subject to change.) EVENT -- RetentIon of Counsel Execution of Self-Assembly Group Memorandum of Understanding Acceptance of Proposal from A virom & Associates rc Survey(s) Instnrction to Counsel to file Application wIth Boynton Beach CRA under CRA's Self Assembly Incentive Program Completion of Survcy(s) Completion of Presentation Book for Developers (To be done in collaboration with eRA) Developer "Presentations" to Self Assembly Group Collection of Written Offers Selection of "Best Three" Offers Receipt of "Best and Final" Offer SelectIon of Best Offer Negotiation of "final" changes Due DIlIgence Period Approval Period ClOSing 8525 DA TE(S) 06.20.05 06.22.05 06.22.05 06.22.05 07.25.05 0729.05 1\10nth of August 'OS :\1onth of Sept '05 10.1505 10.30.05 l\lonth of .:\0\. '05 1205 thru 0206 (eSe) 03.06 lhru I 106 (cst I .Ian to .Iune 'U~ ((::-,11 BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM Requested CRA Date Final Materials Must be Requested CRA Date Final Materials Must be Turned into Meetin!! Dates Turned Meelin!! Dates CRA Office into CRA Office 0 January II, 2005 December 28, 2004 (Noon) . July 12,2005 June 28, 2005 (Noon) 0 February 8, 2005 January 25, 2005 (Noon) 0 August 9, 2005 July 26, 2005 (Noon) 0 March 8, 2005 February 22, 2005 (Noon) 0 September 13,2005 August 30,2005 (Noon) 0 April 12, 2005 March 29, 2005 (Noon) 0 October II, 2005 September 27. 2005(Noon) 0 May 10,2005 April 26, 2005 (Noon) 0 November 8, 2005 October 25, 2005 (Noon) 0 June 14, 2005 May 31,2005 (Noon) 0 December 13,2005 November 29,2005 (Noon) NATURE OF . Consent Agenda 0 Old Business 0 Legal AGENDA ITEM 0 Director's Report 0 New Business 0 Future Agenda Items 0 Other Item DATE: 6/23/05 SUBJECT SUMMARY PARAGRAPH: The Agreement for Exchange of Real Property between St. Paul AME Church and the CRA formalizes the swap of property owned by the CRA and the Church. The Lease Agreement between St. Paul AME Church and the CRA permits the Church to lease the house located at 308 N. E. 10th for Church functions. RECOMMENDATION: Approve execution of the Agreement for Exchange of Real Property and the Lease between the CRA and St. Paul AME. EXPLANATION: (Background of the issue: Who, What, Where, When, How, Etc,) The Board previously approved the purchase of land in the area of N.E. 2nd Street and MLK in order to create access to the City Public Works site for purposes of future redevelopment as proposed in the Heart of Boynton Redevelopment Plan (see attached map). St. Paul AME owns property within the area designated as the future thoroughfare. The Church wishes to expand to create a Life Center and a new sanctuary. Therefore, the CRA will purchase property north of the Church to trade for the Church's property within the proposed access area. The Exchange Agreement formalizes the arrangement. The Church will lease the recently purchased house until such time as the road is scheduled for construction The Church will improve the house and obtain a Certificate of Occupancy and Occupational License from the City. FISCAL IMPACT: None. Funds to purchase properties have been included in the 2004-2005 fiscal budget. ALTERNATIVES: Do not approve. .....__--7 ~/ ~ ~ / /'/-:/ I //1 {/;:d, /c) CRA Staff Vivian L. Brooks, Planner 8526 Y:\MLK Project\St Paul's AME MLK Project\CRA Agenda Item-exchange-Iease.doc ...... QJ QJ :... ...... 00. ., .. M . ~ ~ rI'1 r. - = ~ ~ . ...... 00. r--... - --~ - -- ~ L---' 1= - -- -- c:s: -- --- :,0- - ~ ~ k-I '- L. ~ ~ "-- - r-- ~ !- --- f ~ ~ ~ ~ <:) - ~ - ~ ~ I--- - - 1..-1 [ - n~ ~ ~ ~ - -- I ~ ~ --J ___ - ._".......~.;;;:- "'- f---.. - "" a - - ~ ~ i 0 -~ ~ - e - ~ ~ - : - " . <:) ~ (0 '. ~ ;!:;; t-"" . ;; $1 . :r .0 ~ - = - ~ ...;...;. <:) Ei iI -- ..- -i FJ lS - ~ ~ $1 ~ 0 ~ ..~. ~ ~ ~ '" - ~ ~ ~ i!i 8 "~. ~ ~ <:) ..- -,.:: 0 <<1" ~ ':::: - .0 ~o ~ - ?? 01 8 8 - ;:; 3 oN "?l I _ ~ 1 "3t ~ o::::r -- 8527 =: '(; E o Cl ..... =: .5 E ~ .... o <I.) VJ ~ ..c u .... ::l 0... ~ U "0 <I.) =: ~ o ;;.-.. .t:: u II <I.) r/J ro ..c (,) ~ .... :E g, <e:B "3"3 ro ro .....0-. .....; .....; if] if] AGREEMENT FOR EXCHANGE OF REAL PROPERTY This Agreement for Exchange of Real Property ("Agreement") is made and entered into by and between the Greater St. Paul African Methodist Episcopal Church whose mailing address is P.O. Box 1419, Boynton Beach, Florida 33435-1419 (hereinafter referred to as the "Church"), and the Boynton Beach CRA, having a mailing address of 639 E. Ocean Avenue, Suite 103, Boynton Beach, FL 33435 (hereinafter referred to as the "CRA"). Backaround Recitals: A. Whereas, CRA is desirous of extending N.E. 2nd Street south through Martin Luther King Jr. Blvd. to create access to the City of Boynton Beach's Public Works site at N.E. 9th Avenue for the purpose of future redevelopment as reflected in the Heart of Boynton Redevelopment Plan, B. Whereas, CHURCH is desirous of creating a campus with a Life Center and new sanctuary and will need additional land, C. Whereas, CHURCH owns property within the area of future access to the Public Works site (see Exhibit A, Map), D. Whereas, CRA shall make diligent good faith efforts to purchase the real property described on Exhibit "B" attached hereto and made a part hereof on behalf of CHURCH (hereinafter the CRA "Property"); and E. Whereas, CHURCH owns the real property described on Exhibit "B" attached hereto and made a part hereof (hereinafter referred to as the "CHURCH Property"), [The CRA Property and the CHURCH Property are sometimes hereinafter collectively referred to as the "Parcels"]; and F. Whereas, CHURCH desires to acquire the CRA Property and CRA desires to acquire the CHURCH Property. Now therefore, for and in consideration of mutual covenants set forth herein and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, and in further consideration of the terms and conditions 8528 Page 1 of 23 hereinafter set forth, the parties hereto, intending to be legally bound, agree as follows: 1. AGREEMENT TO EXCHANGE a. CHURCH and CRA hereby agree to exchange the Parcels subject to the terms, conditions and provisions as provided in this Agreement. b. CHURCH hereby acknowledges, confirms, represents and agrees that in the event the exchange contemplated by this Agreement is consummated, then, subject to the terms, conditions and provisions of this Agreement, CHURCH shall accept the CRA Property in its "AS-IS", "WHERE-IS" and "WITH ALL FAULTS" condition, and under no circumstances shall CRA be deemed to have made any warranties, representations, or covenants with respect to the CRA Property except as otherwise provided in this Agreement. c. CRA hereby acknowledges, confirms, represents and agrees that in the event the exchange contemplated by this Agreement is consummated, then, subject to the terms, conditions and provisions of this Agreement, CRA shall accept the CHURCH Property in its "AS-IS", "WHERE-IS" and "WITH ALL FAULTS" condition, and under no circumstances shall CHURCH be deemed to have made any warranties, representations, or covenants with respect to the CHURCH Property, except as otherwise provided in this Agreement. d. Notwithstanding anything contained in subparagraphs 1.b. and 1.c. above to the contrary, neither CRA nor CHURCH waives any rights, remedies or claims that CRA or CHURCH may have under federal, state and/or common law concerning the existence of Pollutants on the CHURCH Property or the CRA Property. 2. CONSIDERATION CHURCH and CRA hereby agree that for purposes of the exchange contemplated by this Agreement, the valuation of the Parcels shall be set either as the price paid for the Parcels or, if requested by either Party, the appraised value of the Parcels at time of exchange. If the appraisal method is agreed upon, the Parties shall retain an 8529 Page 2 of 23 independent appraiser, agreed to by the Parties and licensed and in good standing in the State of Florida, to properly value the exchange parcels. The value for exchange shall be the higher of actual acquisition cost or appraisal. Additional consideration required as a result of this appraisal or through the cost valuation method, if any, shall be paid by the applicable Party to the other at closing by certified check. Should the CRA or the CHURCH be unable to acquire all of the Parcels set forth in Exhibits A and B as contemplated herein for exchange, both the CRA and CHURCH agree to exchange all Parcels acquired as of 30 days prior to the trade execution date as described herein. 3. TIME FOR ACCEPTANCE This Agreement shall not be effective unless it is executed and delivered by CHURCH to CRA on or before , 2005 and is executed by CRA on or before ,2005. The effective date of this Agreement ("Effective Date") for purposes of performance shall be regarded as the date when the last party has signed this Agreement. Acceptance and execution of this Agreement shall void any prior contracts or agreements between the parties concerning the CRA Property and the CHURCH Property unless incorporated by reference herein. 4. TRADE EXECUTION DATE Unless extended by other provisions of this Agreement, the transaction contemplated by this Agreement shall be closed ("Closing") and the deeds and other closing papers and possession, shall be delivered no later than 30 business days before closing or no later than 15 days prior to January 1, 2008 (hereinafter referred to as the "Closing Date"). The CRA shall have the right to close on the property at an earlier date, but not before January 1, 2007, with thirty (30) days notice given to CHURCH in writing. 8530 Page 3 of 23 5. EVIDENCE OF TITLE a. (1) Within thirty (30) days before the closing date, CRA shall, at CRA's sole cost and expense, obtain a title insurance commitment (hereinafter referred to as "CHURCH Property Title Commitment") issued by a title insurer approved by CRA ("CHURCH Property Title Company") agreeing to issue to CRA upon the recording of the CHURCH Property Deed (as hereinafter defined in subparagraph 9.a.) an owner's policy of title insurance in the amount equal to the purchase price as set forth in paragraph 2insuring CRA as to marketable title to the CHURCH Property. CRA shall have fifteen(15) days after receipt of title commitment to examine the CHURCH Property Title Commitment. If title is found objectionable to CRA, in CRA's sole and absolute discretion, CRA shall within five (5) days prior to closing, notify CHURCH in writing ("CRA Title Notice") specifying the matter(s) to which CRA objects ("CRA Title Objections"). If CRA fails to so notify CHURCH of an objectionable matter shown in the CHURCH Property Title Commitment, CRA shall be deemed to have waived any objection to that matter and shall be deemed to have accepted the title to the CHURCH Property with that matter. (2) In the event that CRA delivers the CRA Title Notice as provided above, then CHURCH shall have the right, but not the obligation, to cure and remove the CRA Title Objections no later than the day before the Closing Date ("CHURCH Cure Period"). (3) In the event any endorsement or update to the CHURCH Property Title Commitment reveals any additional title matters affecting the CHURCH Property, other than those shown in the CHURCH Property Title Commitment, or if any new title matters affect title to the CHURCH Property after the effective date of the CHURCH Property Title Commitment and prior to Closing, or if CRA otherwise becomes aware of any additional title matters affecting the CHURCH Property and CRA objects to any of 8531 Page 4 of 23 such additional title matters prior to Closing, then such additional title matters objected to by CRA shall be treated as CRA Title Objections. (4) In the event CHURCH is unable or unwilling to cure and remove, or cause to be cured and removed, the CRA Title Objections within the CHURCH Cure Period, to the satisfaction of CRA, in CRA's sole and absolute discretion, then CRA shall have the option of: (1) extending the CHURCH Cure Period and the Closing Date for one additional sixty (60) day period, or (2) accepting title to the CHURCH Property as it is at the time of Closing, or (3) canceling and terminating this Agreement and CHURCH and CRA shall have no further claim against each other under this Agreement. b. (1) No later than thirty (30) days prior to closing date, CRA shall at CRA's sole cost and expense obtain a title insurance commitment (hereinafter referred to as "CRA Property Title Commitment") issued by a title insurer approved by CRA ("CRA Property Title Company") agreeing to issue to CHURCH upon the recording of the CRA Property Deed (as hereinafter defined in subparagraph 9.b.), an owner's policy of title insurance in the amount of equal to agreed upon purchase price insuring CHURCH as to marketable title to the CRA Property. CRA shall pay at Closing the entire title insurance premium due for the title insurance policy to be issued to CHURCH after Closing pursuant to the CRA Property Title Commitment. CHURCH shall have fifteen(15) days after receipt of title commitment to examine the CRA Property Title Commitment. If title is found objectionable to CHURCH, in CHURCH's sole and absolute discretion, CHURCH shall within five (5) days after prior to closing date, notify CRA in writing ("CHURCH Title Notice") specifying the matter(s) to which CHURCH objects ("CHURCH Title Objections"). If CHURCH fails to so notify CRA of an objectionable matter shown in the CRA Property Title Commitment, CHURCH shall be deemed to have waived any objection to that matter and shall be deemed to 8532 Page 5 of 23 have accepted the title to the CRA Property with that matter. (2) In the event CHURCH delivers to CRA the CHURCH Title Notice as provided above, then CRA shall have the right, but not the obligation, to cure and remove the CHURCH Title Objections no later than the day before the Closing Date ("CRA Cure Period"). (3) In the event any endorsement or update to the CRA Property Title Commitment reveals any additional title matters affecting the CRA Property other than those shown in the CRA Property Title Commitment, or if any new title matters affect title to the CRA Property after the effective date of the CRA Property Commitment and prior to Closing, or if CHURCH otherwise becomes aware of any additional title matters affecting the CRA Property and CHURCH objects to any of such title matters prior to Closing, then such additional title matters objected to by CHURCH shall be treated as CHURCH Title Objections. (4) In the event CRA is unable or unwilling to cure and remove the CHURCH Title Objections within the CRA Cure Period to the satisfaction of CHURCH, in CHURCH's sole and absolute discretion, then CHURCH shall have the option of accepting title to the CRA Property as it is at the time of Closing or to cancel and terminate this Agreement and CHURCH and eRA shall have no further claim against each other under this Agreement. 6. OWNERS AFFIDAVITS. At Closing, both parties shall furnish to each other an owner's and non-foreign affidavit with respect to the parcels. If the CHURCH Property, or any portion thereof, or the CRA Property, or any portion thereof, has been improved within ninety (90) days immediately preceding the Closing Date, CHURCH, with respect to the CHURCH 8533 Page 6 of 23 Property, or CRA, with respect to the CRA Property, shall deliver appropriate releases or waivers of all construction liens and a construction lien affidavit in order to enable the CRA Property Title Company to delete the construction lien exception from the CRA Property Title Commitment or the CHURCH Property Title Company to delete the construction lien exception from the CHURCH Property Title Commitment. In the event that either party is unable to deliver its respective affidavit(s) referenced above, the same shall be deemed an uncured Title Objection under the provisions of paragraph 5 of this Agreement. 7. ADDITIONAL CONDITIONS PRECEDENT TO CLOSING a. CRA Conditions Precedent To Close. (1) In addition to all other conditions precedent to CRA's obligation to consummate the exchange contemplated herein provided elsewhere in this Agreement, the following shall be additional conditions precedent to CRA's obligation to consummate the exchange contemplated herein: i. The physical condition of the CHURCH Property shall be the same on the date of Closing as on the Effective Date, reasonable wear and tear excepted. ii. At Closing, there shall be no litigation or administrative agency or other governmental proceeding of any kind whatsoever, pending or threatened which after Closing would, materially adversely affect the value of the CHURCH Property. iii. On the day of Closing, the CHURCH Property shall be In compliance with all applicable federal, state, and local laws, ordinances, statutes, rules, regulations, codes, requirements, licenses, permits and authorizations in connection with the CHURCH Property. iv. All of the representations and warranties of CHURCH contained in this Agreement shall be true and correct as of Closing. v. The conveyance of the CHURCH Property and the CRA 8534 Page 7 of 23 Property contemplated by this Agreement is not in violation of, or prohibited by, any private restriction, governmental law, ordinance, statute, rule or regulation, including but not limited to applicable governmental subdivision or platting ordinances. VI. Prior to Closing, the CHURCH Property must be cleaned up and all abandoned personal property, if any (including but not limited to trailers of all types), refuse, garbage, junk, rubbish, solid waste, trash and debris must be removed from the CHURCH Property to the satisfaction of CRA. (2) Should any of the conditions precedent to Closing provided above fail to occur, then CRA shall have the right, in CRA's sole and absolute discretion, to terminate this Agreement prior to Closing upon which both parties shall be released of all obligations under this Agreement with respect to each other. b. CHURCH Conditions Precedent To Close. (1) In addition to all other conditions precedent to CHURCH's obligation to consummate the exchange contemplated herein provided elsewhere in this Agreement, the following shall be additional conditions precedent to CHURCH's obligation to consummate the exchange contemplated herein: i. The physical condition of the CRA Property shall be the same on the date of Closing as on the Effective Date reasonable wear and tear excepted. ii. At Closing, there shall be no litigation or administrative agency or other governmental proceeding of any kind whatsoever, pending or threatened which after Closing would, materially adversely affect the value of the CRA Property. iii. On the day of Closing, the CRA Property shall be in compliance with all applicable federal, state, and local laws, ordinances, statutes, rules, regulations, codes, requirements, licenses, permits and authorizations in connection with the CRA Property. iv. The conveyance of the CHURCH Property and the CRA Property contemplated by this Agreement is not in violation of, or prohibited by, any 8535 Page 8 of 23 private restriction, governmental law, ordinance, statute, rule or regulation, including but not limited to applicable governmental subdivision or platting ordinances. v. Prior to Closing, the CRA Property must be cleaned up and all abandoned personal property (including but not limited to trailers of all types), refuse, garbage, junk, rubbish, solid waste, trash and debris must be removed from the CRA Property to the satisfaction of CHURCH. (2) Should any of the conditions precedent to Closing provided above fail to occur, then CHURCH shall have the right, in CHURCH's sole and absolute discretion, to terminate this Agreement prior to Closing upon which both parties shall be released of all obligations under this Agreement with respect to each. 8. PRORATIONS. TAXES AND ASSESSMENTS All taxes and other expenses shall be prorated as of the date of closing. 9. CONVEYANCE a. At Closing, CHURCH shall convey title to the CHURCH Property to CRA, and/or such other third party as may be designated by CRA, by execution and delivery of a quit claim deed (hereinafter referred to as the "CHURCH Property Deed"), subject only to those title exceptions accepted by CRA. b. At Closing, CRA shall convey title to the CRA Property to CHURCH, by quit claim deed ("CRA Property Deed") subject only to those title exceptions accepted by CHURCH. 10. DOCUMENTS FOR CLOSING a. At Closing, CHURCH shall execute and deliver, or cause to be executed and delivered, to CRA the following documents and instruments ("CHURCH Documents"): I. the CHURCH Property Deed II. the CHURCH Affidavits III. the Closing Statement 8536 Page 9 of 23 IV. all other documents and instruments provided for under this Agreement or customary and requested by Closing Agent. b. At Closing, CRA shall execute and deliver or cause to be executed and delivered to CHURCH the following documents and instruments ("CRA Documents"): I. CRA Property Deed II. Closing Statement III. the CRA Affidavits IV. all other documents and instruments provided for under this Agreement or customary and requested by Closing Agent. c. CRA shall prepare the Closing Documents, except for documents prepared by the title company(ies), and submit copies of the same to CHURCH, prior to the scheduled Closing Date. 11. EXISTING MORTGAGES AND OTHER LIENS At Closing, the parties shall obtain, or cause to be obtained, satisfaction or release of record of all mortgages, liens and judgments applicable to and encumbering the Parcels. 12. EXPENSES All costs associated with the exchange contemplated herein shall be paid by the CRA. 13. DEFAULT If either party hereto fails or neglects to perform any of its obligations or covenants under this Agreement, the other party may seek specific performance without thereby waiving any action for damages resulting from such breach. 14. RIGHT TO ENTER CHURCH and CRA agree that: (1) through the Closing Date: all officers, employees, 8537 Page 10 of23 contractors, subcontractors and agents of CRA shall have at all proper times the unrestricted right and privilege to enter upon the CHURCH Property for all proper and lawful purposes, including but not limited to conducting inspections, investigations, examinations, surveys and environmental audits of the CHURCH Property and the resources thereupon, and (2) through the Closing Date all officers, employees, contractors, subcontractors and agents of CHURCH shall have at all proper times the unrestricted right and privilege to enter upon the CRA Property for all proper and lawful purposes, including but not limited to conducting inspections, investigations, examinations, surveys and environmental audits of the CRA Property and the resources upon it. 15. RISK OF LOSS AND CONDITION OF REAL PROPERTY a. In the event the condition of the CHURCH Property, or any part thereof, IS materially altered by an act of God or other natural force beyond the control of its owner, CRA may elect, at its sole option, to terminate this Agreement prior to Closing and the parties shall have no further obligations under this Agreement, or CRA may accept the CHURCH Property without any reduction in the value of the CHURCH Property. b. In the event the condition of the CRA Property, or any part thereof, is materially altered by an act of God or other natural force beyond the control of CRA, CHURCH may elect, at its sole option, to terminate this Agreement prior to Closing and neither party shall have any further obligations under this Agreement, or CHURCH may accept the CRA Property without any reduction in the value of the CRA Property. 16. SURVIVAL The covenants, warranties, representations, indemnities and undertakings of the CHURCH set forth in this Agreement, shall survive the Closing, the delivery and recording of the CHURCH Property Deed and CRA's possession of the CHURCH Property. The covenants of CRA set forth in this Agreement shall survive the Closing, 8538 Page 11 of23 the delivery and recording of the CRA Deed and CHURCH's possession of the CRA Property. 17. OCCUPANCY AND POSSESSION CHURCH warrants that there are no parties in possession or occupancy of the CHURCH Property and that no other person or entity has any right to lease or occupy all or any portion of the CHURCH Property. At Closing, CHURCH shall deliver occupancy of the CHURCH Property free and clear of all parties in possession. At Closing, CRA shall deliver occupancy of the CRA Property free and clear of all parties in possession. In the event that either party is unable to deliver its respective property as provided above, the same shall be deemed an uncured Title Objection under the provisions of paragraph 5 of this Agreement. 18. SPECIAL CLAUSES a. Environmental Conditions i. For purposes of this Agreement, pollutant ("Pollutant") shall mean any hazardous or toxic substance, material, or waste of any kind or any contaminant, pollutant, petroleum, petroleum product or petroleum by-product as defined or regulated by environmental laws. Disposal ("Disposal") shall mean the release, storage, use, handling, discharge, or disposal of such Pollutants. Environmental laws ("Environmental Laws") shall mean any applicable federal, state, or local laws, statutes, ordinances, rules, regulations or other governmental restrictions. ii. As a material inducement to CRA entering into this Agreement, CHURCH hereby warrants and represents the following: (1) That CHURCH and occupants of the CHURCH Property have obtained and are in full compliance with any and all permits regarding the Disposal of Pollutants on the CHURCH Property or contiguous property owned by CHURCH. 8539 Page12of23 (2) CHURCH is not aware nor does it have any notice of any past, present or future events, conditions, activities or practices which may give rise to any liability or form a basis for any claim, demand, cost or action relating to the Disposal of any Pollutant on the CHURCH Property. CHURCH is not aware nor does it have any notice of any past, present or future events, conditions, activities or practices on contiguous property that is owned by CHURCH which may give rise to any liability or form a basis for any claim, demand, cost or action relating to the Disposal of any Pollutant affecting the CHURCH property. (3) There is no civil, criminal or administrative action, suit, claim, demand, investigation or notice of violation pending or, to the best of that entity's knowledge, threatened against CHURCH or the CHURCH Property relating in any way to the Disposal of Pollutants on the CHURCH Property, any portion thereof, or on any contiguous property owned by CHURCH. iii. Liability. While Paragraph 19.a establishes contractual liability for CHURCH and CRA regarding pollution of the CHURCH Property and CRA Property, respectively, as provided herein, it does not alter or diminish any statutory or common law liability of CHURCH or CRA for such pollution. iv. Environmental Audit. CHURCH hereby allows CRA full and free access to the CHURCH Property in order to perform environmental audits prior to the Closing Date which assess the presence of Pollutants and their impact on the intended future use of the CHURCH Property by CRA. CRA may perform any and all updates thereof prior to the Closing Date that CRA, in its sole and absolute discretion, may deem necessary. Such environmental audits obtained by CRA, together with any updates thereof prior to the Closing Date, shall hereinafter be referred to collectively as the "CRA Audit"). CRA hereby allows CHURCH full and free access to the CRA Property in order to perform environmental audits prior to the Closing Date which assesses the presence of Pollutants and their impact on the intended future use of the CRA Property by CHURCH. CHURCH may perform any and all updates thereof prior to 8540 Page 13 of 23 the Closing Date that CHURCH, in its sole and absolute discretion, may deem necessary. Such environmental audits obtained by CHURCH, together with any updates thereof prior to the Closing Date, shall hereinafter be referred to collectively as the "CHURCH Audit"). VI. Pollutants on the CHURCH Property. (1) In the event that the CRA Audit discloses the presence of Pollutants on the CHURCH Property, or any portion thereof, or discloses that the environmental condition of the CHURCH Property is incompatible with the intended future use of the CHURCH Property by CRA, or discloses any other condition that CRA deems unacceptable in CRA's sole and absolute discretion, then CRA may elect to terminate this Agreement by sending written notice to CHURCH prior to the Closing Date, upon which neither party shall have any further obligations under this Agreement. (2) Should CRA elect not to terminate this Agreement, then CRA agrees to accept the CHURCH Property subject to the Pollutants revealed by the CRA Audit. VII. Pollutants on the CRA Property. (1) In the event that the CHURCH Audit discloses the presence of Pollutants on the CRA Property, or any portion thereof, or discloses that the environmental condition of the CRA Property is incompatible with the intended future use of the CRA Property by CHURCH, or discloses any other condition that CHURCH deems unacceptable in CHURCH's sole and absolute discretion, then CHURCH may elect to terminate this Agreement by sending written notice to CRA prior to the Closing Date, upon which neither party shall have any further obligations under this Agreement. (2) Should CHURCH elect not to terminate this Agreement, then CHURCH agrees to accept the CRA Property subject to the Pollutants revealed by the CHURCH Audit. b. Additional Warranties and Representations of CHURCH. As a material inducement to CRA entering into this Agreement, CHURCH, to the best of CHURCH's 8541 Page ]4 of23 information and belief, hereby represents and warrants the following: I. There are no pending applications, permits, petitions, contracts, approvals, or other proceedings with any governmental or quasi-governmental authority, including but not limited to, CRA, municipalities, counties, districts, utilities, and/or federal or state agencies, concerning the use or operation of, or title to the CHURCH Property or any portion thereof and CHURCH has not granted or is obligated to grant any interest in the CHURCH Property to any of the foregoing entities. ii. There are no facts believed by CHURCH to be material to the use, condition and operation of the CHURCH Property in the manner that it has been operated, which it has not disclosed to CRA herein, including but not limited to unrecorded instruments or defects in the condition of the CHURCH Property which will impair the operation of the CHURCH Property in the manner that it has been operated. iii. The CHURCH Property and the use and operation thereof are in compliance with all applicable county and governmental laws, ordinances, regulations, licenses, permits and authorizations, including, without limitation, applicable zoning and environmental laws and regulations. 19. CHURCH'S DELIVERIES CHURCH shall deliver to CRA the following documents and instruments within ten (10) days of the Effective Date of this Agreement, except as specifically indicated: i. Copies of any reports or studies (including engineering, environmental, soil borings, and other physical inspection reports), in CHURCH's possession or control with respect to the physical condition or operation of the CHURCH Property, if any. II. Copies of all licenses, variances, waivers, permits (including but not limited to all surface water management permits, wetland resource permits, consumptive use permits and environmental resource permits issued by CRA), authorizations, and approvals required by law or by any governmental or private authority having jurisdiction over the CHURCH Property, or any portion thereof (the 8542 Page 15 of 23 "Governmental Approvals"), which are material to the use or operation of the CHURCH Property, if any. III. Prior to the Closing Date, the members of CHURCH shall execute and deliver to CRA any and all documents and instruments required by CRA, in CRA's sole and absolute discretion, which: (i) effectuate the transfer to CRA of those Governmental Approvals, or portions thereof which are applicable to the CHURCH Property, that CRA desires to have assigned to it, and/or (ii) cause the CHURCH Property to be withdrawn from any Governmental Approvals. No later than thirty (30) days prior to the Closing Date, CHURCH shall remedy, restore, and rectify any and all violations of the Governmental Approvals (including but not limited to any and all portions of the surface water management system, mitigation areas or other items which do not comply with the Governmental Approvals or applicable rules), if any. (CHURCH warrants that there will not be, at the time of Closing, any unrecorded instruments affecting the title to the CHURCH Property, including, but not limited to any conveyances, easements, licenses or leases, except for items delivered pursuant to this paragraph.) d. CHURCH's Attorney's Fees and Costs. CHURCH acknowledges and agrees that CHURCH shall be responsible for all attorney's fees and all costs, if any, incurred by CHURCH in connection with the transaction contemplated by this Agreement. e. Release. In consideration of CRA agreeing to enter into and closing upon the exchange contemplated by this Agreement, together with other good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, CHURCH hereby acquits, releases, exonerates, covenants not to sue, satisfies and forever discharges the CRA, its agents, employees, officers, independent contractors, successors and assigns, of and from all causes of action, claims bills, legislative remedies, damages, judgments, executions, claims, demands and all other loss, damage and liability, whatsoever (including but not limited to reasonable attorney's fees and costs), in law, in equity or otherwise, which CHURCH ever had, now has, or 8543 Page 16 of23 hereafter can, shall or may have, known, unknown or hereafter becoming known, accrued or hereafter accruing against CRA, its agents, employees, officers, independent contractors, successors and assigns for, upon or by reason of any matter, cause or thing whatsoever, resulting directly, indirectly, or proximately from any and all actions or inactions by CRA which impacted the CHURCH Property. The release under this paragraph is expressly conditioned upon the occurrence of the Closing of the exchange pursuant to this Agreement. If the Closing does not occur for any reason, the release in this paragraph shall be ineffective. 20. BROKER FEES CHURCH confirms that CHURCH has not dealt with any broker in connection with the exchange contemplated by this agreement. CRA confirms that it has not dealt with any broker in connection with the exchange contemplated by this Agreement. 21. MISCELLANEOUS a. Notices. All notices, requests, consents and other communications required or permitted under this Agreement shall be in writing (including telex and telegraphic communications) and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, telecommunicated, or mailed (airmail if international) by registered or certified mail (postage prepaid), return receipt requested, or sent by any form of overnight mail, addressed to: TO eRA: Douglas Hutchinson Boynton Beach CRA 639 East Ocean Avenue, Suite 103 Boynton Beach, Florida 33435 (561) 737-3258 facsimile 8544 Page 17 of 23 TO CHURCH: Fax: or to such other address as any party may designate by notice complying with the terms of this Subparagraph. Each such notice shall be deemed delivered (1) on the date delivered if by personal delivery; (2) on the date telecommunicated if by telegraph; (3) on the date of transmission with confirmed receipt if by telex, telefax or other telegraphic method; (4) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed; and (5) one day after mailing by any form of overnight mail \ service. Any notice delivered by fax transmission shall be confirmed by the posting of a copy by certified mail on the date of transmission. b. HeadinQs. The headings contained in this Agreement are for convenience of reference only, and are not to be considered a part hereof and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. c. Severability. If any provision of this Agreement or any other Agreement entered into pursuant hereto is contrary to, prohibited by or deemed invalid under applicable law or regulation, such provision shall be inapplicable and deemed omitted to the extent so contrary, prohibited or invalid, but the remainder hereof shall not be invalidated thereby and shall be given full force and effect so far as possible. If any provision of this Agreement may be construed in two or more ways, one of which would render the provision invalid or otherwise voidable or unenforceable and another of which would render the provision valid and enforceable, such provision shall have the meaning which renders it valid and enforceable. 8545 Page 18 of23 d. Third Parties. Unless expressly stated herein to the contrary, nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any persons other than the parties hereto and their respective legal representatives, successors and permitted assigns. Nothing in this Agreement is intended to relieve or discharge the obligation or liability of any third persons to any party to this Agreement, nor shall any provision give any third persons any right of subrogation or action over or against any party to this Agreement. e. Jurisdiction and Venue. The parties acknowledge that a substantial portion of negotiations and anticipated performance and execution of this Agreement occurred or shall occur in Palm Beach County, Florida, and that, therefore, each of the parties irrevocably and unconditionally (1) agrees that any suit, action or legal proceeding arising out of or relating to this Agreement may be brought in the courts of record of the State of Florida in Palm Beach County or the court of the United States, Southern District of Florida; (2) consents to the jurisdiction of each such court in any suit, action or proceeding; (3) waives any objection which it may have to the laying of venue of any such suit, action or proceeding in any of such courts; and (4) agrees that service of any court paper may be effected on such party by mail, as provided in this Agreement, or in such other manner as may be provided under applicable laws or court rules in said state. f. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. A facsimile copy of this Agreement and any signatures hereon shall be considered for all purposes as originals. g. Governinq Law. This Agreement and all transactions contemplated by this Agreement shall be governed by, construed, and enforced in accordance with, the internal laws of the State of Florida without regard to principles of conflicts of laws h. Interpretation. This Agreement shall be interpreted without regard to any presumption or other rule requiring interpretation against the party causing this 8546 Page 19 of 23 agreement or any part thereof to be drafted. i. Handwritten Provisions. Handwritten provisions inserted in this Agreement and initialed by CRA and CHURCH shall control all printed provisions in conflict therewith. j. Successors in Interest. This Agreement shall be legally binding upon the parties hereto and their heirs, legal representatives, successors and assigns. This Agreement may not be assigned by CHURCH without CRA's prior written consent. k. Waiver. Failure of either party hereto to insist upon strict performance of any covenant or condition of this Agreement, or to exercise any right herein contained, shall not be construed as a waiver or relinquishment for the future enforcement of any such covenant, condition or right; but the same shall remain in full force and effect. I. Time. Time is of the essence with regard to every term, condition and provision set forth in this Agreement. Time periods herein of less than six (6) days shall in the computation exclude Saturdays, Sundays and state or national legal holidays, and any time period provided for herein which shall end on Saturday, Sunday or a legal holiday shall extend to 5:00 p.m. of the next business day. m. Entire Aqreement. This Agreement contains the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations and understandings of the parties. No agreements or representations unless incorporated in this Agreement shall be binding upon any of the parties. No modification or change in this Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. n. Backqround Recitals. The Background Recitals are true and correct and are hereby incorporated herein by reference. o. Waiver of Jury Trial. As inducement to CRA agreeing to enter into this Agreement, CRA and CHURCH hereby waive trial by jury in any action or proceeding brought by either party against the other party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement. 8547 Page 20 of 23 BOYNTON BEACH CRA By: Its: Date: GREATER ST. PAUL AFRICAN METHODIST EPISCOPAL CHURCH ~ ../7 '7 BY a... ~~:~P{ / /' ~., ,.t--, \ Its: /'?::~--5' u' , . / Date: G./ ~ 7' //05 , 8548 Page 21 of23 '.01. 1\)1 11),t; O~ ')O]f) 1)j1(J ? 011)) i\ l CI .. 1 Ct I(~~ 'tm ~ ,~~ 711 00 12" p:tJ Exhibit A CHURCH Property I II 01)) o o ~I 1 1 IJr; 10 ).B - ~~ 1 ~iI1 tJkg "".. '..." ,._" '"".'" u...... 0170 i 1'}: \ 11( 1:9" ~, 1670 6~. ~n <'\:' t310 1 'H. ~ I II PI '.... 1210 8549 Page 22 of 23 J I 0141 b , H~ I 01~J 01:iJ ff J ) 1~S2 I---- Q1Xl "'... I -.. ~. Clr.i) 1 - 1Xl22 1)))1 0:r21 I ()l2) ~ Iml ! I t9J Q)3J o 1570 >-;\l~ om L. r---' <m1 B I~ ,: 'J ,:/ 'I: :1EEI l:ill 1510) 0041 r/ ---... I r I "51 ~~I''") II F0 rm:m~'~1 Exhibit B CRA/City Property l I I I tEi1B UH 8 ClUJ I (I ! - <)12) I i) . I 11 1 R }).;_J .~ '. . .t;, I ,- Cll~) l)l~J I )1 , .. ,~~ \ ()1 I)):;) - ~._-=- to' 1)))1 1))22 - >--- 0)21 I 1))2) ~ (I~ ,- . bd 0211 J o~ ,t2~ 'jnJ) ,:0-30) I .u19) I-~: ,~: 1 ! I . _. . ~ 18F~ ~) l)x ~ emo 011)) ,)~ QKJ2 0170 I 1\3 110: O:l<f' . \ 71C ij;J- ~- J I 1~ H 15);, I:: I om EEl r~ iI)' 1670 6~ 16:.20 ~11' 1570 15:;) 152) ! \. n: J 1:i(J 1510 f' '))10 I f 11~51 ~~I /I n::; / Rrl)1911 1210 1':";') _ eRA to Purchase or Eminent Domain 1_ City Owned Property 8550 Page 23 of 23 THIS LEASE AGREEMENT (her inafter referred to as the "Agreement") made and entered into this ~ tt-FL day of l-tA./1? , 2005, by and between The Boynton Beach Community Red<;:.v} opment Agency, whose address is 639 East Ocean Boulevard, Suite 103, Boynton Beach, Florida 33435 (hereinafter referred to as "Lessor") and Greater St. Paul African Methodist Episcopal Church whose address is P. O. Box 1419, Boynton Beach, FL 33435-1419 (hereinafter referred to as "Lessee"). WIT N E SSE T H: \VHEREAS, Lessor is the fee owner of certain real property being, lying and situate in Palm Beach County, Florida, such real property having a street address of 308 N. E. lOth A venue, Boynton Beach, FL 33435. WHEREAS, Lessor is desirous of leasing the Premises to Lessee upon the terms and conditions as contained herein; and \VHEREAS, Lessee is desirous of leasing the Premises from Lessor on the terms and conditions as contained herein; NOW, THEREFORE, for and in consideration of the sum ofTEN DOLLARS ($10.00), the covenants and obligations contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows: 1. TERM. Lessor leases to Lessee and Lessee leases from Lessor the above described Premises together with any and all appurtenances thereto, for a term of one (1) year, suc!}.. term beginning on June 24, 2005, and ending at 12 o'clock midnight on June 23, 20Q8'~ ,C Lessee shall have the right to renew the lease for an additional year. 2. RENT. The total rent for the term hereof is the sum of ONE DOLLARS ($1.00) payable on the first day of th month of occupying the Premises. 3. USE OF PREMISES. The Premises shall be used and occupied by Lessee for church related activities that are permitted by the City of Boynton Beach and the State of Florida. It shall be the sole responsibility of Lessee to obtain an occupational license from the City of Boynton Beach prior to the occupation of the Premises. Lessee shall comply \vith any and all laws, ordinances, rules and orders of any and all governmental or quasi- governmental authorities affecting the cleanliness, use, occupancy and preservation of the Premises. 4. CONDITION OF PREMISES. Lessee stipulates, represents and warrants that Lessee has examined the Premises, and that they are acceptable to the Lessee at the time of this Lease. 5. ASSIGNMENT AND SUB-LETTING. Lessee shall not assign this Agreement, or sub- let or grant any license to use the Premises or any part thereof without the prior written consent of Lessor. A consent by Lessor to one such assignment, sub-letting or license shall not be deemed to be a consent to any subsequent assignment, sub-letting or license. An assignment, sub-letting or license without the prior written consent of Lessor or an assignment or sub-letting by operation of law shall be absolutely null and void and shall, at Lessor's option, terminate this Agreement. YIMLK Project\S! Paul's AME MLK ProJcct\Lcase-Resldenllal[2].doc 8551 Page I of6 assignment or sub-letting by operation of law shall be absolutely null and void Jnd shalL at Lessor's option, terminate this Agreement. 6. ALTER;\. TIOI\S A~D I:\lPROVEl\1ENTS. Lessee shall complete the construction of the building to the satisfaction of the City of Boynton Beach Building Department. Lessee hereby acknowledges the receipt of $50,00000 from the Boynton Deach Community Redevelopment Agency for the purposes of bringing the structure and landscaping into compliance vvith City of Boynton Beach ordinances. Such work shall begin within three (3) months of the closing date of the proper1y and be completed within six (6) months of said date. Lessee shall submit proof of compliance by submitling copies of permits, work orders, estimates, bids, etc. Lessee shall maintain records of al] expenses pertaining to the improvements made on the Premises. Lessee shall submit these records to Lessor upon completion of the impro\ e'Dents. Alterations, changes. and/or improvements built. constructed or placed on the Premises by Lessee shall, unless otherwise provided by written agreem,,-'nt between Lessor and Lessee, be and become the property of Lessor and remain on the Premises at the expiration or earlier termination of this Agreement. 7. NON-DELIVERY OF POSSESSIO:\, In the event Le>sor cannot deliver possession of the Premises to Lessee upon the commencement of the Lease term, tllrough no fault of Lessor or its agents, then Lessor or its agents shall have no liability. but the rental herein provided shall abate until possession is given. Lessor or its agents shall have thirty (30) days in which to give possession, and if possession is tendered within such time, Lessee agrees to accept the demised Premises and pay the rental herein provided from that date, In the event possession cannot be delivered within such time, through no fault of Lessor or its agents, then this Agreement and al] rights hereunder shall terminate. 8. HAZARDOl'S \1A TEIUALS. Lessee shall not keep on the Premises any item of a dangerous, f1ammable or explosive character that might unreasonably increase the danger oUire or explosion on the Premises or that might be considered hazardous or extra hazardous by any responsible insurance company. 9. liTILITIES. Lessee shall be responsible for arranging fell' and paying for all utility services required on the Premises. 10. :\1AII\TENA:\'CE AND REPAIR; RULES. Lessee will, at its sole expense, keep and maintain the Premises and appurtenances in good and sanitary condition and repair during the term of this Agreement and any renewal thereof. Without limiting the generality of the foregoing, Lessee shall: (a) 1\ot obstruct the driveways, sidewalks, courts, entry ways, stairs and or halls, which shall be used for the purposes of ingress and egress only; (b) Keep all \\indovvs, glass, window coverings, doors, locks and hardvvare in good, clean order and repair: (c) ~ot obstruct or cover the windows or doors: (d) Not leave windows or doors in an open position during any inclement weather: (e) :\ot hang any laundry, clothing, sheets, etc. from any window, raiL porch or balcony nor air or dry any of same within any yard area or space: Y \,MLK ProJectSt Paul's ,.\ME \1LK !'roJcct\LcJsc-RcSldentlaI[2J doc Page 2 of 6 8552 (D 1\ot cause or permit any locks or hooks to be placed upon any door or window \\ithout the prior written consent of Lessor; (g) Keep all air conditioning filters clean and free from din; (h) Keep all lavatories, sinks, toilets, and all other water and plumbing apparatus in good order and repair and shall use same only for the purposes for which they were constructed. Lessee shall not allow any sweepings, rubbish, sand, rags, ashes or other substances to be thrown or deposited therein. Any damage to any such apparatus and the cost of clearing stopped plumbing resulting from misuse shall be borne by Lessee; (i) And Lessee shall at all times maintain order in the Premises and at all places on the Premises, and shall not make or permit any loud or improper noises, or otherwise disturb other residents; (j) Keep all radios, television sets, stereos, phonographs, etc., turned down to a level of sound that does not annoy or interfere \vith other residents; (k) Deposit all trash, garbage. rubbish or refuse in the locations provided therefor and shall not aJlow any trash, garbage, rubbish or refuse to be deposited or permitted to stand on the exterior of any building or VIi thin the common elements: (I) Abide by and be bound by any and all rules and regulations affecting the Premises or the common area appunenant thereto \vhich may be adopted or promulgated by the Condominium or Homeowners' Association having control over them. 11. DA\'IAGE TO PREMISES. In the event the Premises are destroyed or rendered wholly untenantable by fire, storm, earthquake, or other casualty not caused by the negligence of Lessee, this Agreement shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental prO\ided for herein shall then be accounted for by and between Lessor and Lessee up to the time of such injury or destruction of the Premises, Lessee paying rentals up to such date and Lessor refunding rentals collected beyond such date. Should a portion of the Premises thereby be rendered untenantable, the Lessor shall have the option of either repairing such injured or damaged portion or terminating this Lease. ln the event that Lessor exercises its right to repair such untenantable portion, the rental shall abate in the proponion that the injured parts bears to the whole Premises, and such pan so injured shall be restored by Lessor as speedily as practicable, after which the full rent shall recommence and the Agreement continue according to its tenns. 12. INSPECTION OF PREMISES. Lessor and Lessor's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises for the purpose of inspecting the Premises and all buildings and improvements thereon. And for the purposes of making any repairs, additions or alterations as may be deemed appropriate by Lessor for the presenation of the Premises or the buildi ng. Lessor and its agents shall further have the right to exhibit the Premises and to displa)- the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within forty-five (45) days before the expiration of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions: but do not conform to this Agreement or to any restrictions, rules or regulations affecting the Premises '( ,MLK PrOJCCI\S\ Paul s A\1E \11 K ProJccl\LcJse-RcSldcllllall=J doc Page3of6 8553 13. SUBORDINA nON OF LEASE. This Agreement and Lessee's interest hereunder are and shall be subordinate, junior and inferior to any and all mortgages, liens or encumbrances now or hereaf1er placed on the Premises by Lessor, all advances made under any such mortgages, liens or encumbrances (including, but not limited to, future advances), the interest payable on such mortgages, liens or encumbrances and any and all renevvals, extensions or modifications of such mortgages, liens or encumbrances. 14. LESSEE'S HOLD OVER If Lessee remains in possession of the Premises with the consent of Lessor after the natural ex piration of this Agreement, a new tenancy from month-to-month shall be created be!\veen Lessor and Lessee which shall be subject to all of the terms and conditions hereof except that rent shall then be due and owing at O;\L DOLLARS ($1.00) per month and except that such tenancy shall be terminable upon fifteen (15) days written notice served by either party. 15. SlJRRE:'\'DER OF PREMISES. Lpon the expiration of the term hereof. Lessee shall surrender the Prermses in as good a state and condition as they vvere at the commencement of this Agreement, reasonable use and wear and tear thereof and damages by the elements excepted. 16. ANIMALS. Lessee shall not be entitled to keep domestic dogs, cats or birds or any other living animal. 17. QUIET ENJOYMENT. Lessee, upon payment of all of the sums referred to herein as being payabie by Lessee and Lessee's performance of all Lessee's agreements contained herein and Lessee's observance of all rules and regulations, shall and may peacefully :lt1d quietly have, hold and enjoy said Premises for the term hereof and for the sole purpose of church related activ'ities. 18. INDEMNIFICATION. Lessor shall not be liable for any damage or injury of or to the Lessee, Lessee's family, guests, invitees, agents or employees or to any Pl'[S011 entering the Premises or the building of vvhich the Premises are a pan or to goods or equIpment. or in the structure or equipment of the structure of which the Premises are a part, and Lessee hereby agrees to indemnify, defend and hold Lessor harmless from any and all claims or assertions of every kind and nature. 19. OEF A UL T. If Lessee fails to comply with any of the material prov'isions of this Agreement, other than the covenant to pay rent. or of any present rules and regulations or any that may be hereafter prescribed by Lessor. or materially fails to comply with any duties imposed on Lessee by statute, \\lthin seven (7) days after delivery of \\l'itten notice by Lessor specifying the non-compliance and indicating the intention of Lessor to terminate the Lease by reason thereof, Lessor may terminate this A.greement. If Lessee fails to pay rent when due and the def-lult continues for seven (T) days thereafter, Lessor may, at Lessor's option, declare the entire balance of rent payable hereunder to be immediately due and payable and may exercise any and all rights and remedies a\ailablc to Lessor at law or in equity or may immediately terminate this Agreement 20. ABA:'\'DONMEJ\T Ifat any time during the term of thIS Agreement Lessce abandons the Premises or any part thereof, Lessor tT1ay, at Lessor's option, obtain possession of the Premises in the manner provided by law, and without becoming liable to Lessee for Y 1\11 K PrD)ect"St Paul's .\~~1L ]\.11 K Pr\'Jectd,C:isc:-Re~]denllai[21 do..: P:lge 4 ot 6 8554 damages or for any payment of any kind whatever. Lessor may, at Lessor's discretion, as agent for Lessee, relet the Premises, or any part thereof, for the whole or any pan thereof, for the whole or any part of the then unexpired term, and may receive and collect all rent payable by' virtue of such reletting, and, at Lessor's option, hold Lessee liable for any difference between the rent that vvould have been payable under this Agreement during the balance of the unexpired term, if this Agreement had continued in force, and the net rent for such period realized by Lessor by means of such reletting. If Lessor's right of reentry is exercised following abandonment of the Premises by Lessee, then Lessor shall consider any personal property belonging to Lessee and left on the Premises to also have been aban'doned, in which case Lessor may dispose of all such personal property in any manner Lessor shall deem proper and Lessor is hereby relieved of all liability for doing so. 21. AS IS PROVISION. Lessee agrees to accept the property in as is condition and \vith the understanding that no impro\'ements of any kind will be made by the Lessor. 22. IMPROVEMENTS. Any improvements to be made to the property shall be done so at the sole expense and responsibility of the Lessee. All improvements to be made shall meet all applicable building codes. All improvements must be presented to Lessor for approval prior to the start of the improvements. Improvements must include landscaping. Lessee must provide written proof that the improvements have been completed in a lawful manner by submitting a copy of the Certificate of Occupancy issued by the City of Boynton Beach. 23. ATTORNEYS' FEES. Should it become necessary for Lessor to employ an attorney to enforce any of the conditions or covenants hereof, including the collection of rentals or gaining possession of the Premises, Lessee agrees to pay all expenses so incurred, including a reasonable attorneys' fee. 24. RECORDING OF AGREE!\IENT Lessee shall not record this Agreement on the Public Records of any public office. In the e\ent that Lessee shall record this Agreement, this Agreement shall, at Lessor's option, terminate immediately and Lessor shall be entitled to all rights and remedies that it has at law or in equity. 25. GOYER'\ING LA W. This Agreement shall be governed, construed and interpreted by, through and under the Laws of the State of Florida. 26. SEVERABILITY. If any provision of this Agreement or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law. 27. BINDI1\G EFFECT. The covenants, obligations and conditions herein contained shall be binding on and inure to the benefit of the heirs, legal representatives, and assigns of the parties hereto. 28. DESCRIPTIVE HEADL'\GS. The descriptive headings used herein are for cOI1\'enicnce of reference only and they are not intended to have any effect whatsoever in determining the rights or obligations of the Lessor or Lessee. Y 'MlK PrOJeCI'SI I'duls A:-'1L \1LK ProJecl\Leasc-Resldcnllal[2j doc Page 5 of 6 8555 29. CONSTRUCTION. The pronouns used herein shall include, where appropriate, either gender or both, singular and plural 30. NON-\VAIVER. ~o indulgence, \'v'aiver, election or non-election by Lessor under this Agreement shall affect Lessee's duties and liabilities hereunder. 31. :\10DIFICATION. The parties hereby agree that this document contains the entire agreement between the parties and this Agreement shall not be modilied. changed, altered or amended in any way except through a written amendment signed by all of the parties hereto. As to Lessor this day of ,2005. \Vitnesses: "Lessor" Boynton Beach Community Redevelopment Agency By Jeanne Hca\ilin. Chair n, -I" As to Lessee, this _-,"~\.i day of ,)llf~_, 2005. W}knesses :"LS?~~" / ,/ / ! l 'i,"L:.:) /--~) C....~ ......- -~-- / --- <. ~..) CJreatcr St. Paul t\frican Methodist Episcopalian Church II /~ / /' / " ,,___ . _~_'__" _'_ 0<'___..__.>._./ _ j ~ By:__~;[~ /~');;'~'--'~___~________ ~ '. -Y") / ]\ am e : _A!..!-MC?I"i_/!..,t:..:r....:;;l- Tit 1 e: __L~i5;!.c'J- .. -~--------~_._~_._-----~ y :---~LK PrOJectSl Paul" /\.\1F MLK p[()jo(I'L case-Res,,)"nl'd:::'] doc Pag.e 6 of 6 8556 BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM Requested CRA Date Final Materials Must be Requested CRA Date Final Materials Must be Turned into 1\1eetinl! Dales Turned 1\1eetinl! Dales CRA Office into CR<\ Office 0 January] I, 2005 December 28,2004 (Noon) . July 12,2005 June 28, 2005 (Noon) 0 February 8, 2005 January 25, 2005 (Noon) 0 August 9, 2005 July 26, 2005 (Noon) 0 March 8,2005 February 22, 2005 (Noon) 0 September 13,2005 August 30, 2005 (Noon) 0 April 12, 2005 March 29, 2005 (Noon) 0 October I], 2005 September 27, 2005(Noon) 0 May] 0, 2005 April 26, 2005 (Noon) 0 November 8, 2005 October 25,2005 (Noon) 0 June 9, 2005 May 26, 2005 (Noon) 0 December ]3,2005 November 29,2005 (Noon) NATURE OF . Consent Agenda 0 Old Business 0 Legal AGENDA ITEM 0 Director's Report 0 New Business 0 Future Agenda Items 0 Other Item DATE: June 21,2005 SUBJECT SUMMARY PARAGRAPH: The Retail Demand Analysis was recommended by staff to determine the potential for retail in the Heart of Boynton, particularly with regards to the CRA Phase I project at Seacrest and Martin Luther King Blvd. RECOMMENDATION: Award contract to The Chesapeake Group, Inc. in the amount of $24,500 EXPLANATION: (Background of the issue: Who, What, Where, When, How, Etc.) The purpose of the Retail Demand Analysis is to research the retail sector of Boynton Beach in order to: · Identify the potential trade area for the Heart of Boynton. · Determine the viability for retail development in the drive time trade area for the area. · Determine and analyze psychographics of households within the drive time trade area for the area. · Determine average annual household demand by product for the area. Eight responses to the RFP were received. The review committee was comprised of Dr. Romaine Martin of the NAACP, David Zimet of the Boynton Beach CDC and Vivian Brooks, CRA Planner. Responses were scored on experience, qualifications of staff, methodology and client references. Other criteria not scored but also considered were minority certification and whether the firm was local or out of the area. Based on the averaged scores from the three reviewers, the committee ranked the Chesapeake Group the highest of the respondents. The firm has a satellite office in Miami. Attached is the final ranking sheet. All applicant materials are available in the CRA office for review. FISCAL IMPACT: $24,500 which has been budgeted for in the 2004-2005 budget. ~.~" // \,/ i ),' _-------..---.------ ~.~. l .. \- / / D~"gl,~u"h;"'on, eRA 0;'''10' Y:IMLK ProjecllCRA Agenda RelailDemand.doc 8557 III 0:: c: 0 Ql c: 0:: E '" '" E 'Sa. 0 u III ell 0::0 8I 0 0 0 0 0 0 0 0 '" 0 0 0 0 0 0 0 '" 0 '" CD '" 0_ '" '" 00 c5 -i en N '" 00 -i Ql N N C"l ~ N "" ~ N Ql l.L -co 0 "''0 .E: III 0 III III III 0 0 0 <.) '0:: ~ ~ ~ ~ 0 0 III 0:: 0:: 0:: 0:: -' - ~ II) !:!:. 0 :z:: >0'0 0 "" Ql ... C5!t: 0:: 0 0 III 0 0 0 0 0 0 o::t:: Vi 0:: 0:: ~ 0:: 0:: 0:: 0:: 0:: - ,- Ql ~ .!!! :::;U III ~ ro n:s r-- ;::: N N C"l "" c: 0 CD ;:;; ;:;; CO CO CO CO < I- "C III c: ~ n:s c: E 0:: 0 Ql Ql '<l' '" "" "" '" '" "" N C1) U2 ~ c Ql a:: n:s % .... >0 C1) g> .~ 0:: :g~ 0 '" r-- CO N "" C"l N lO ... 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Qj 0:: e{ .~ e{ 'u .s:::: 0 '" Ql Ql U :::; C X <.) <.9 ~ <.9 'ijj 0 .;;; III Ql 0 ::J ::J :::; :.<: '" III .s:::: U I ell U a.. ii5 a:: elle{ I- ~ N C"l "" '" CD r-- CO 8558 BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM Requested CRA Date Final Materials Must be Requested CRA Date Final Materials Must be Turned into Meetinl! Dates Turned Meetinl! Dates CRA Office into CRA Office D January II, 2005 December 28,2004 (Noon) . July 12,2005 June 28, 2005 (Noon) D February 8, 2005 January 25, 2005 (Noon) D August 9, 2005 July 26, 2005 (Noon) D March 8, 2005 February 22, 2005 (Noon) D September 13,2005 August 30, 2005 (Noon) D April 12, 2005 March 29, 2005 (Noon) D October II, 2005 September 27, 2005(Noon) D May 10,2005 April 26, 2005 (Noon) D November 8, 2005 October 25, 2005 (Noon) D June 9, 2005 May 26, 2005 (Noon) D December 13,2005 November 29,2005 (Noon) NATURE OF . Consent Agenda D Old Business D Legal AGENDA ITEM D Director's Report D New Business D Future Agenda Items D Other Item DATE: July 6, 2005 SUBJECT SUMMARY PARAGRAPH: The 2006 Greater Boynton Beach Chamber Guide is in preproduction stages and is securing advertising at this time. An advertisement in this guide corresponds with the marketing goals of the CRA. RECOMMENDATION: Staff is recommending approval of a 2/3 Page advertisement in the 2006 Greater Boynton Beach Chamber Guide in the amount of $1,785.00. EXPLANATION: (Background of the issue: Who, What, Where, When, How, Etc.) The Chamber Guide is distributed among not only the members of the Chamber, but also is utilized as a citywide marketing tool. As an effective marketing tool, CRA participation defines us a community partner. FISCAL IMPACT: $1,785.00 d~r1 N;;;: the advertisement purchase of t~e. Staff ~ Hutchinson, CRA Director 8559 M:\Agenda\2005 Agenda Summaries\2006 Chamber Guide Ad Purchase.7.12.05.doc Don't miss the opportunity to advertise in the official and only publication for the Greater Boynton Beach Community. 2006 Greater Boynton Beach Quality of Life & Relocation Guide The 2006 Guide "ill contain updated conununity information, highlighting our theme "A Necessity of Doing Business" in Boynton Beach. A 6-page Pullout Dining Guide section will be added this year for our area restaurants. ADVERTISING RATE SCHEDULE Space Reservation/Closing Date ..................October 3rd, 2005 Material Deadline......................................October 10th, 2005 Delivery Date..........................................December 12th, 2005 TERMS AND CONDITIONS I. All fales are based or, press readv electronIC fries. Production charges ior tvpesetting, [Dial' separatrons, halftones, etc wdl be billed to the adverliser 2. All ad space requires a 50% deposit, balance due upon approval of final proof or submission of final ad. 3. I\m account oUlItandmg mnre than 30 days from the deltve" Call of the pubHcJt:on \1:11 be subJect to a 1-112% per month service charge, not to exceed IS~v, per ann~m 4. Credits for errors InTIited to space occupied bv the error 5. In the event of nonpayment, a!l legal fees and cnlleclion costs are :he responslDlhtv of the advertiser 6. Advertlsemenll art accepted upor, the I'cpresentalion that the advertiser has the right to publtsh the contents AdvertISer agrees to Indemnify and hold publrsher and CI:amber of Commerce harmless agamst any expenSE or loss bv reilJon of anI' claims arising out of publication 7. ~o car.cellatlon of space ordered IS permitted after closmg date of publtcatron lrsted above 8. The publtsher reserves the to rejEct any advertlsmg that is not III keeprng With the publicatIOn standards 'It: are accepted on the terms and conditions outlll1ed above SIZE DIGITAL PREPRESS REQUIREMENTS . The official guide to the (;reater Boynton Beach Chamber of Commerce IS pnnted ln a digital fomlat, electronic media only accepted . Media can be supported on ZIP or CD . Ads sapplled for output and msertlon can be supplied in \Jacmtosh QaarkXpress, Illustrator, Photoshop or Freehand Please call aboat other formats for compatibility . All sapportrng graphic fries must be sapplled and all fonb mast be converted to paths or carves . Scanned photos must be Tiff or smgle-frlc EPS and must be at least 300 dpl . Scanned Ime art must be TilT or smgle-frie EPS and be at least 600 dpl . All fonts used III the ad and any graphiC flies that have not been converted to paths o~ curves must be supplied to msure accurate output PC fonts will be convened and may' hreak dliferently . A B/W L\SER COPY OR COLOR PROOF Mt:ST ACCOMP'\"'Y ALL ADS. 4-COLOR BIW $2,255 $1,785 $1,785 $1,470 $1,520 $1.260 $1,090 $820 $685 $575 15% surcharge for special placement requests, Call for nonmemher rates PREMIUM POSITIONS Back em'er* ........ ............. ............. .................... ...... ...$ 3, 360 Inside Covers' .............. ............. ............... ................. $ 2,83 5 Page One*....... ......................... .................................. $ 2 ,62 5 Opposite Contents Page*. ...........................................$2,62 5 Opposite Buyer's Guide Opener (2 color only) ..........$2,500 Business Card Ad in Dining Guide Pullout* ..................$250 (Business Card Ad request must be paid for at time of order) *AlIailable in 4/C only. Cover rates include hleed charges, Orders for collers cannot he cancelled Full Page 2/3 Page 1/2 Page 1/3 Page 1/6 Page MEMBERSHIP SECTION FEATURES Bolding of :\Iembership Lisling.......................................$50 Additional Category Listing.............................................$ 50 Logo Above Listing .......................................................$100 (Logo request must be paid for at time of order) PRODUCTION CHARGES Advertisers must supply electronic ad materials or be charged for production. 1/6 -1/2 page ad fee: $50 . Full page ad fee: $100 Ad proofs must be signed and returned before publication of the Guide, gc&T AD DIMENSIONS AD SIZES WIDTH" DEPTH" Trim Size 8-3/8 x 10-7/8 Full Page Live Area 7-1/4 x 9-3/4 Full Page Bleed 8-5/8 x 11-1/8 2/3 Page 4-112 x 9-3/4 1/2 Page (H) 7-114 4-3/4 112 Page (V) 41/2 x ~ 1/3 Page (Square) 4-3Iq 4-314 1/3 Page (V) 2-1/4 9314 1/6 Page (H) +314 x 2-1/4 1/6 Page (V) 2-114 4-314 Dining Guide Pullout Ad 3-112 2 SPACE RESERVATIONS Fnr addltionalll1formatlon, comments, questions or space reservations, Call Sandra K. Schreyer at (561) 848-0300 x 204. SHIPPING & PAYMENT INSTRUCTIONS Send all msertion orders and prmting matenals to AD P rS 1194 Old Dixie Hwy, Suite 15, Lake Park, Florida 33403 8560 BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM Requested CRA Date Final Materials Must be Meetine Dates Turned into CRA Office D January II, 2005 December 28,2004 (Noon.) D February 8, 2005 January 25, 2005 (Noon) D March 8, 2005 February 22, 2005 (Noon) D April 12, 2005 March 29, 2005 (Noon) D May 10,2005 April 26, 2005 (Noon) D June 14,2005 May 31, 2005 (Noon) NATURE OF . Consent Agenda AGENDA ITEM D Director's Report DATE: 7/6/2005 SUBJECT SUMMARY PARAGRAPH: Requested CRA Date Final Materials Must be Turned into Meetin!! Dates CRA Office . July 12, 2005 June 28,2005 (Noon) D August 9, 2005 July 26, 2005 (Noon) D September 13,2005 August 30, 2005 (Noon) D October II, 2005 September 27, 2005(Noon) D November 8, 2005 October 25,2005 (Noon) D December 13, 2005 November 29, 2005 (Noon) D Old Business D Legal D New Business D Future Agenda Items D Other Item Sea Mist Marina, Inc. is seeking a fa9ade grant application in the amount of $8,750 to improve their property located in the Two Georges Marina area. RECOMMENDATION: Approve grant in the amount of $8,750. EXPLANATION: (Background of the issue: Who, What, Where, When, How, Etc.) Sea Mist Marina is located in the Two Georges Marina and operates the Sea Mist fishing boat. Currently, the Marina is in code violation with the City regarding its utility wall. The Marina desires to bring the property into compliance by building a concrete fence to replace the utility wall that will then serve as a base for electric meters, phone, cable and water utilities. Project costs are estimated at $17,500 with the owners contributing $8,750 of their funds. All items required for the grant are available for review in the CRA office. FISCAL IMPACT: $8,750 from the 2005/2006 budget grants line item. AL TERNATIVES: Do not approve. \._--:':///~'9~ ~ LVivian L. Brooks, Plai1'i1'ar, CRA Staff W:lfacade grantslSeaMistagenda.doc DOOg~On, eRA D;,,,,o, 8561 2002/2003 FACADE IMPROVEMENTS GRANT PROGRAM APPLICATION FORM BOYNTON BEACH Boynton Beach Community Redevelopment Agency Maximum Grant Amount is $15,000.00 (Please Print Or Type Only - Use Additional Sheets If Necessary) APPLICANT INFORMATION Name of Property Owner: o A } c' EA (\11.~ : :\4-(Gf AJA ,\Ie.. Address of Property rl Owner: J 0 () C,f).\!-t'L CI\A A 13 L U l':) City/State: rsLV~(-urJ '15 ~ FL Zip Code: ,33LI3S; Phone # Day: ,Sk:-I --(':)2 C( C)'1 L( Evening: (~ii2J)GO 1- L/OJ 7 4 Legal owners and legal description of the property to be improved (please attach copy of warranty deed and lease, if applicable): If Different from Property Owner Name of Business: S,E:A II/lIST fr'-iT[R-?12 IS [:j. oj ( I Address of Business: 'l 0 () C It'>!'. L l)/'Y\. lei '"PJL0 I) \), -~ City/State: YJ.-Y I-JIDrJbCI -~ fL Zip Code: .:,:;;~3L13:~ Phone # Day: (S~ 1]7 :~)- r;j (11 J-1 Evening: (L;4: I )", 0 / - t_1 c; ~7 ;../ Type of Business: ~ [~~-TPt L /)12/ /~ T r: I SH-t N C";l Years of Operation: ,5 0 Boynton Beach Community Redevelopment Agency Fa'YClde Grant Program Application Page 1 of6 Revised 12/10/02 8562 Number of Employees: 10 Annual Payroll: ~ IS (lOllO .uo , Number of Employees residing in Boynton Beach: ~ 0 PROGRAM GUIDELINES The following guidelines are intended to inform a potential grant applicant of the extent and scope of the program. The purpose of the program is to encourage commercial property owners to upgrade their properties by improving the external appearance of their business and to encourage businesses to invest in their operations. The result will halt deterioration, stabilize property values, improve and upgrade appearance of the area, and facilitate and encourage redevelopment activity in the target area. The following guidelines are applicable to this program: 1. The program is available only for property located within the Community Revitalization Areas of the Boynton Beach Community Redevelopment Agency (CRA). Note: See attached Fayade Grant Area Map. 2. The program is for commercial properties and businesses. The property owner must be the applicant. However, if the property is currently leased to a tenant, then the Application and Agreement must be jointly executed by both the owner and the tenant. 3. Eligible exterior improvements for this program include: . Painting. . Shutters. . Signage (located on the building or the property). . Awnings/canopies. . Doors/windows. . Landscaping around the building. . Irrigation. . Parking lot re-paving, re-sealing, re-striping. . Exterior Lighting. . Patio or decks connected to the building. . Exterior wall repairs (e.g. stucco, brick or wood repairs and replacement). . ADA improvements. 4. All work must be in compliance with applicable Boynton Beach Building Codes and all contractors must be licensed in Boynton Beach/Palm Beach County. If the Applicant(s), installs enhanced landscaping and or signage it must be in accordance with City Ordinance No. 98-43. Boynton Beach Community Redevelopment Agency Fa-vade Grant Program Page 2 of6 Revised 12/10102 8563 SEA MIST MARINA INC. PROJECT SCOPE BUILD A CONCRETE FENCE TO REPLACE THE EXISTING UTILITY WALL THAT IS UNDER DISPUTE WITH THE CITY OF BOYNTON BEACH. THIS WILL CREATE A BASE FOR THE ELECTRIC METERS, PHONE, CABLE, AND WATER UTILITIES TO DISPERSE TO THE BOAT SLIPS IN THE SOUTH WEST CORNER OF THE MARINA. ESTIMATED COST: $20,0000.00 BEGIN PROJECT: MAY 18,2005 ESTIMATED COMPLETION DATE: AUGUST 12, 2005 8564 BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM Requested CRA Date Final Materials Must be Meetin!! Dates Turned into CRA Office D January II, 2005 December 28, 2004 (Noon.) D Fcbruary 8, 2005 January 25, 2005 (Noon) D March 8,2005 February 22, 2005 (Noon) D April 12, 2005 March 29, 2005 (Noon) D May 10,2005 Apnl 26, 2005 (Noon) D June 14, 2005 May 31, 2005 (Noon) NATURE OF . Consent Agenda AGENDA ITEM D Director's Report DATE: 7/6/2005 SUBJECT SUMMARY PARAGRAPH: Requested CRA Date Final Materials Must be Turned into Meetin!! Dates CRA Office . July 12, 2005 June 28,2005 (Noon) D August 9, 2005 July 26, 2005 (Noon) D September 13, 2005 August 30, 2005 (Noon) D October II, 2005 Scptember 27, 2005(Noon) D November 8, 2005 October 25, 2005 (Noon) D December 13,2005 November 29,2005 (Noon) D Old Business D Legal D New Business D Future Agenda Items D Other Item Ocean Chiropractic is seeking a Fayade improvements Grant in the amount of $14,678 to improve commercial property located at 212 East Boynton Beach Blvd. RECOMMENDATION: Approve grant in the amount of $14,678. EXPLANATION: (Background of the issue: Who, What, Where, When, How, Etc.) Dr. Eric Herman of Ocean Chiropractic owns the property located at 212 E. Boynton Blvd. under the name Hudson Valley Holdings. He is seeking to improve the property with paver walkways, a new parking area and landscaping. The total cost of the improvements is $29,357.50. The property owner will pay $14,678 toward the improvements. All items required for the grant are available for review in the CRA office. FISCAL IMPACT: $14,678 from the 2005/2006 budget line item grants. ALTERNATIVES: ;?:approve ~ L I /~ c: _ V Vivian' . Brooks, Planner, CRA Staff W:lfacade grantslOceanChiroagenda.doc ~ Douglas Hutchinson, CRA Director 8566 HUDSON VALLEY HOLDINGS 212 East Boynton Beach Boulevard Boynton Beach, FL 33435 June 29, 2005 Boynton Beach Community Redevelopment Agency 639 East Ocean Avenue Suite 104 Boynton Beach, FL 33435 Re: Fa9ade Grant Program To Whom It May Concern: The purpose of this letter is to inform you that I applying for the fayade grant to assist me in doing exterior improvements at my property which is located at 212 Boynton Beach Boulevard (a.k.a. 212 NE 2nd Avenue). The improvements will consist of the following: 1. Setting pavers on all walkways 2. Reconfiguring the parking lot as per the site plan which has been approved by the city of Boynton Beach (including paving where needed, seal coating and re-striping). 3. Planting of bushes, trees and flowers. The project should take approximately 2 months to complete. I would like to start the project as soon as possible. Thank you for your consideration. Sincerely, Eric F. Hermann D.C. 8567 BOYNTON BEACH 2002/2003 FACADE IMPROVEMENTS GRANT PROGRAM APPLICATION FORM Boynton Beach Community Redevelopment Agency Maximum Grant Amount is $15,000.00 (Please Print Or Type Only - Use Additional Sheets If Necessary) APPLICANT INFORMATION Name of Property Owner: Phone # Day: :T)rl f..r. c- ~..'-^^ -h,r H u..d So., \./ c-ll::J H ~ I ,L ~ j- LLc... .21;l. E~s-}- 6J"~ &...ch 6ivd, ~~f\~A 8eA.C.h..) ("L Zip Code: .33Y-3~ S (, l - '133- /v()C) Evening: ..5'6 t ..- C~<.f-~700 Address of Property Owner: City/State: Legal owners and legal description of the property to be improved (please attach copy of warranty deed and lease, if applicable): ~\A.dSO." './<,--1 ~ J-1\:l LL'03 L1L '~(.:vA 0 ,P- 8> 'J f':-h.., ~....c.L..... L-1S '7) CO If E.2S ~I or:- L I '1 t3 uc. 3 If Different from Property Owner Name of Business: Address of Business: City/State: Zip Code: Phone # Day: Evening: Type of Business: Years of Operation: Boynton Beach Community Redevelopment Agency Faryade Grant Program Application Page 1 of6 Revised 12/10/02 8568 \1 ;;,,;/110 ~ H . /I?t?'i .Q,?/Jd~ 9\ Rts-"2/02 00 (}.. \ ~ I 89' ~~------------- - ~ ! ~ ~ \'} " 4j " " ADDRESS: }j v r 'uv \J (; \" '\ fJ 4.3 Found sjB " I fVn ;;?Ld ND CQp I, -- -.---T'------- 212 N.E. 2ND AVENUE BOYNTON BEACH, FLORIDA 33435 FLOOD ZONE "C" COMMUNITY PANEL NO. 12 - 196 - 0003 - C '- ' 1 \9-1 \rj! \9: Ill' o " ~ \S) ~ o <:> ~ NEFIT OF; 4LEY HOLDINGS, LLC JAKABCIN, P.A. TITLE INSURANCE fuND, INe. I [GAGE CORPORATION., ITS SUCCESSORS ;IGNS AS THEIR INTEREST MAY APPEAR I _ _ Il~ ':' L';~~~P:ASE SEE SHEET 2 OF 2 FOR LEGAL DESCRIPTION i ~ - I v; t\.Jl rei) 5//K Vel" _--L....- '..~. /'~ !..~,,~ ~.:~/_ ' ;.,r ~_....} /2//0/09 )f7Z'5/28 ~ c:. /2.. c.lo Z. 52-4/G'1 I HEREBY CERTIFY THA- DIRECTION. AND THAT ~~:~~~~bsG~~u~gR~t.JR VEY OF PROPERTY FLORIDA STATUTES ANI DATE t;/7c:.)ESCRIBED H:gREON PROPERTY SHOWN HER I TIONS SHOWN HEREON 0 By UNLESS OTHERWISE N <:: 7 .:::J / Q SHOWN HEREON ARE B"c;> _ Q FB '-'..- I Pg (,:7 I WITH UNITED STATES ST I J AND MAPPER THIS ORA Drawing No. M ga - 3-/63 SHEeT/. tJF2 R5ltA LAND SURVEYORS RICHARD L. SHEPHARD and Associates Established in 1975 PALM BEACH COUNTY: (561) 737-6546 BROWARD COUNTY: (561) 391-4388 FAX: (561) 734-7546 219 S.E. 23rd AVENUE (GOLF ROAD) POST OFFICE BOX 759 BOYNTON BEACH, FLORIDA 33435 AFFILIATE MEMBER FLORIDA SURVEYING AND MAPPERS SOCIETY BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM Requested CRA Date Final Materials Must be Requested CRA Date Final Materials Must be Turned into Meetin!! Dates Turned Meetin!! Dates CRA Office into CRA Office 0 January 11, 2005 December 28, 2004 (Noon.) . July 12, 2005 June 28, 2005 (Noon) 0 February 8, 2005 January 25, 2005 (Noon) 0 August 9, 2005 July 26, 2005 (Noon) 0 March 8,2005 February 22, 2005 (Noon) 0 September 13, 2005 August 30, 2005 (Noon) 0 April 12, 2005 March 29, 2005 (Noon) 0 October 11, 2005 September 27, 2005(Noon) 0 May 10,2005 April 26, 2005 (Noon) 0 November 8, 2005 October 25,2005 (Noon) 0 June 9, 2005 May 26, 2005 (Noon) 0 December 13, 2005 November 29,2005 (Noon) NA TURE OF . Consent Agenda 0 Old Business 0 Legal AGENDA ITEM 0 Director's Report 0 New Business 0 Future Agenda Items 0 Other Item DATE: July 7, 2005 SUBJECT SUMMARY PARAGRAPH: J. Kent McMillan Jr. is the owner of the property located at 1105 N. Federal Highway and has renovated the exterior of his buildings. Mr. McMillan completed the renovations at a cost of $35,025.00. RECOMMENDATION: Staff recommends presenting Mr. J. Kent McMillan, Jr. with a reimbursement check in the amount of $15,000.00. EXPLANATION: (Background of the issue: Who, What, Where, When, How, Etc.) At the board meeting of May 10, 2005, the board approved the Fal;ade Grant Reimbursement Request in the amount of $15,000.00, to Mr. McMillan. FISCAL IMPACT: The $15,00000 reimbursement is included in the Fal;ade Grant Budget line item. ALTERNATIVES: To deny Mr. McMillan reimbursement. ;' ~, , . /~. J 1Cli;J M- Douglas Hutchinson, CRA Director 8570 C:\Documents and Settings\brightl\Desktop\2005 Agenda Summaries\McMillan Facade Grant Check Reimb 7.12 05 doc Property Owner: James Kent McMillan Jr. 1301 SW 27th Avenue Boynton Beach, FL 33426 6/20/05 Property Address: 1105 North Federal Highway Boynton Beach, FL Re: Boynton Beach CRA Fa((ade Grant Program Subject: Scope of work is complete Remodel exterior of existing cbs building. This includes adding a 5- V crimp metal mansard roof facade onto existing flat concrete roof. Adding new store front doors and windows to east side of building. Applying new stucco to north and east sides of building. Paint the building to match existing building to the north. Total cost of the proiect is $34.525.00: the cost breakdown is as follows: Bold Construction Inc. 1) Demo existing brick face and existing storefront glass. 2) Demo existing CBS knee wall. 3) Finish concrete @ demo'd knee-wall area to match existing. 4) Frame new storefront exterior wall as per prints provided. 5) Provide new straps, clips, plate anchors, and sheathing for new exterior storefront wall as per prints ready for lath and stucco. 6) Provide and install new P.T. 2x6 plates @ rooftop, thru bolted as per plan to attach new trusses. 7) Install new trusses provided by owner as per prints provided. 8) Provide and install new fascia and drip edge and sheathing as per prints. 9) Provide and install new soffit returns as per prints, ready for lath and stucco. 10) All debris to be removed by Bold Construction Inc. 11) Roofing, stucco, and store front glass by others. 12)All work and materials for the Total sum of $20,000.00 Linton Truss Corp. Build and deliver trusses for mansard roof for the Total sum of $2,675.00 Ametco Ine. Supply, fabricate and install 5- V crimp metal roofing and accessories for the Total sum of $4,150.00 Window & Door Factory Supply and install new storefront doors and windows as per plan for the Total sum of $3,700.00 R&R Stucco & Plastering Inc. Supply lath, stucco materials, and labor as per prints for the Total sum of $4,000.00 All of the above listed work is 100% complete and all contractors have been paid in full. Thank~fOr YOIj time, J. );/ r^----- J~'en~ cMillan 8571 1 8572 IT 8573 BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM Requested CRA Date Final Materials Must be Meetine Dates Turned into CRA Office 0 January II, 2005 December 28, 2004 (Noon) 0 February 8, 2005 January 25, 2005 (Noon) 0 March 8,2005 February 22, 2005 (Noon) 0 April 12,2005 March 29, 2005 (Noon) 0 May 10,2005 April 26, 2005 (Noon) 0 June 14,2005 May 31, 2005 (Noon) NATURE OF . Consent Agenda AGENDA ITEM 0 Director's Report DATE: 7/6/2005 SUBJECT SUMMARY PARAGRAPH: Requested CRA Date Final Materials Must be Turned into Meetine Dates CRA Office . July 12,2005 June 28, 2005 (Noon) 0 August 9, 2005 July 26,2005 (Noon) 0 September 13,2005 August 30, 2005 (Noon) 0 October 11, 2005 September 27, 2005(Noon) 0 November 8, 2005 October 25, 2005 (Noon) 0 December 13,2005 November 29, 2005 (Noon) 0 Old Business 0 Legal 0 New Business 0 Future Agenda Items 0 Other Item Delray-Boynton Academy was approved for a fa9ade grant in the amount of $15,000. The project is now complete and they are seeking reimbursement. RECOMMENDATION: Approve payment in the amount of $15,000. EXPLANATION: (Background of the issue: Who, What, Where, When, How, Etc.) The Delray-Beach Academy constructed a new building at 425 Martin Luther King Blvd. to be used for its charter school. The total project cost was $475,000. All items relating to the grant are available for review in the eRA office. FISCAL IMPACT: $15,000 from the 2005/2006 budget grants line item. AL TERNATIVES: " ~~ /J /2 l..__-- /" /~-f/(___-_..__.. t.._ Vivian L. Brooks, Planner, CRA Staff Q" :";"'0"' eRA D;""o< W:\facade grants\Delray-Boynton Acadamy agenda reimb.doc 8574 Delray-Boynton Academy APalm Beach County Charter School Vvitll A DifferenCE 2030 South Congress Ave. Bldg. A West Palm Beach, FL 33406 (561) 965.1644 {clX (561) 965.1646 Joe Cn'en PnnClp,rJ J;;.~"'__'~/' ,,' J '''i '-.". . ,-' ~' .~.~~' // ", ~-....-? Board of Directors Evelyn Francis Ann Green Cld)' WiderItdn Matthew Beckner Community Redevelopment Agency 639 East Ocean Ave. Boynton Beach, FL 33435 May 25,2005 , To Whom It May Concern: Attached are the requested documents that were requested to receive the funds for the fa<;:ade grant. Please let us know if anything else is required ,,/' ( Sincerely, / \€:c ~l~{~,-~ //' ,,'-- ;-1 - - ./ / Joe Green 8575 Ma~ 25 2005 11:55AM 1911 N.w 15th Street Pompano Beach, FL 33069 CGC057488 Mr. Joe Green Delray-Boynton Academy, Inc. 425 NE lOth A venue Boynton Beach, FL 33435 May 25, 2005 Re: F~ade Grant Dear Mr. Green: Str~ctur 954-960-0747 p.2 Phone: 954-960-1550 Fax: 954-960-0747 EC...AOOP)~ . 'a,nd parking Lur at your new building are complete and ~oject are up 'to date. ~) , ;'d me at (954) 960-1550. ~ , I . As discussed earlier, the landscaping, irrig inspected, All of the payments related to t If you require any additional information, c Sincerely, /', .." .,./---;4...,G---,c.t::(,' "--,- ;::;--- ~ .....". Willis .....- President I 8576 www.advallcediuoJu]ar.com r .. 85/25 2885 Q1:23 OSAorD ~_4~o(.,8747 OS/25/2005 13:10 5GIG8b0299 i-\lY ';,1 !'~ED llCmULAR Gr'[:::i'~I.JORNE WPB OF"F 1~ l, tGreellhorn~ & O'ftJara, Inc. 3223 Commerce 'Place. Suite JOD West Palm Beoch, Florida 33407 ph,rJn€ (561) 686-7707 Fax (561) 686.0299 TO: City of El'lginee 1000 E. Boynton" , ton Beach ~ Department ton Beach Blvd. , ecb. F133425 . FROM: PROJECT: '& O'Mm-a, Inc. t: ' t: ,Iray Academy ~ ~ ':: May 25. 1003 DATE: cc: ura (Advanced Modular Structures, Inc.), John " &0), file (G&()) , This letter of completion is to Plan has been satisfactorily c ~,fy the BOj'11t0nDcll'ay Academy Paving & Drainage leT.cd, 8577 PAGE 02 PAGE 'EJ2 BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM Requested CRA Date Final Materials Must be Requested CRA Date Final Materials Must be Turned into Meetine Dates Turned Meetine Dates CRA Office into CRA Office 0 January I I, 2005 December 28,2004 (Noon) . July 12, 2005 June 28, 2005 (Noon) 0 February 8, 2005 January 25, 2005 (Noon) 0 August 9, 2005 July 26, 2005 (Noon) 0 March 8,2005 February 22, 2005 (Noon) 0 September 13,2005 August 30, 2005 (Noon) 0 April 12,2005 March 29, 2005 (Noon) 0 October 11,2005 September 27, 2005(Noon) 0 May 10,2005 April 26, 2005 (Noon) 0 November 8, 2005 October 25, 2005 (Noon) 0 June 9, 2005 May 26, 2005 (Noon) 0 December 13,2005 November 29,2005 (Noon) NATURE OF . Consent Agenda 0 Old Business 0 Legal AGENDA ITEM 0 Director's Report 0 New Business 0 Future Agenda Items 0 Other Item DATE: July 7, 2005 SUBJECT SUMMARY PARAGRAPH: On August 10, 2004, the Boynton Beach eommunity Redevelopment Agency entered into a contract with Molly's Trolleys to operate a community transit system within the eRA District. Due to various external factors affecting the start date of the trolley system, we are more than six months delayed in our original start date. RECOMMENDATION: Staff recommends the approval of outstanding invoices for Molly's Trolleys in the amount of $34,620.49. EXPLANATION: (Background of the issue: Who, What, Where, When, How, Etc.) Molly Stahlman, owner of Molly's Trolleys, has submitted the following invoices for repayment: Invoice #5851; covers operating expenses incurred for the period of January through June 2005 in the amount of $28,140.00; Invoice #5852; covers operating expenses for the period of June 20th through June 25, 2005 in the amount of $3,121.25; and Invoice #5861; covers operating expenses for the period of June 27th through July 1, 2005 in the amount of $3,359.24. The total of these invoices is $34,620.49 and will bring our account current. These funds will be reimbursed to the eRA upon receipt of our "Earmarked" funds for a community transit system grant. FISCAL IMPACT: The $34,620.49 is a reimbursable item through our grant application. ALTERNATIVES: Deny payment of $34,620.49 of operating expenses for Molly's Trolleys Staff OOUg~,O"' eRA Oi""o, \ 8578 C:\Documents and SeltingslbrightllDesktop\2005 Agenda Summaries\Reim Mollys Trolleys.doc 06/18/2005 09:50 ! 5618389512 MOLLYS TROLLEYS PAGE 02 Molly's Trolleys 2625 Mercer Avenue West Palm E each, FI.. 3340l Ph: (561) 8 ,8-9511 Fax: (561) 838-9512 Today's Da te: Thursday, June 23, 2005 INVOICE FOR PAYMENT INVOICE NUMBER: 5851 Name: Doug Hutchinson Organizati(J n: Boynton Beach eRA City,State,Z [P: Boynton Beach, FL. 33401 ~ ION Boynton Beach Trolley.. Descri tion $1000 a month Congress Avenue TroJJey #1- Capital Costs $1000 a month Con ess Avenue Trolle #2- Ca ital Costs $1000 a month Congress Avenue Trolley # 1- Capital Costs $1000 a month Con Avenue Trone #2- Ca ital Costs $2,535 Insuran.ce on Congress Avenue Trolleys $2,000 Congress Avenue Trolleys- Capital Costs $750 Driver Costs. i750 Administrative Costs $6,035 monthl total or $1508.75 a week $2,535 Insurance on Congress Avenue Trolleys $2,000 Congress Avenue Trolleys- Capital Costs $750 Driver Costs. $750 Administrative Costs $6,035 monthl total or $1508.75 a week $2,535 InsW'ance on Congress Avenue Trolleys $2,000 Congress Avenue Trolleys- Capital Costs $750 Driver Costs. $750 Administrative Co.s.ts $6,035 month! total or $1508.75 a week $2,535 Insurance on Congress Avenue Trolleys $2,000 Congress Avenue Trolleys- Capital Costs $750 Driver Costs* $750 Administrative Costs $6,035 month! total or $1508.75 a week TOTAL COST: $28,140.00 Please make your final payment check out to: Molly's Trolleys. To expedite )rocessing, please list your INVOICE Number on your check. Please send 'our payment check to: Molly's Trolleys 2625 Mercer Ave. W Palm Beach, FL 33401 Dat~ January :~005 February 2005 March: 005 April 2 )05 May 21105 June 2, )05 ~ Dates: January 2~une UIJ005 Cost $2,000 $2,000 $7,543.75 (5 weeks) $6,035 (4 weeks) $6,035 (4 weeks) $4,526.25 (3 weeks) P lyment Amount: $28,140.00 Due Date: 6/30/2005 11 Payment Received After 6/30/05, then $28,421.40 Due. All Aceounts DtI ~ witbin 10 Business Days from Date oftlle Invoice. A 1 % PER MONTH SERVICE CHARGE (12% Annually) will be added thereafter. Purcbaser is required to pay all ~ts and attorney fees jf collection necessary. 8579 05/18/2005 09:50 5518389512 MOLLYS TROLLEYS PAGE 03 Molly's Trolleys 2625 Metcer Avenue West Palm E each, FL 33401 Ph: (561) 8. .8-9511 Fax: (561) 838-9512 Today's Da :e: Thursday, June 23, 2005 INVOICE FOR PAYMENT INVOICE NUMBER: 5852 Name: Doug Hutchinson Organizatio tl: Boynton Beach eRA City,State,Z [P: Boynton Beach, FL. 33401 ~ ~Boynton Beach Troney- Dates: June 20-25~ 2005 Datl' June 20-25 ), Descrintion Cost =::. $2,535 Insurance on Congress Avenue Trolleys $3,121.25 ,2005 $2,000 Congress Avenue Trolleys- Capital Costs $7,200 Driver Costs. $750 Administrative Costs $12,485 monthly total or $3121.50 a week I TOTAL COST: $3,121.26 Please make 'our final payment check out to: Molly's Trolleys. To expedite J rocessing, please list your INVOICE Number on your check. Please send) :mr payment check to: Molly's Trolleys 2625 Mercer Ave. W Palm Beach, FL 33401 Payment Amount: $3,121.25 Due Date: 6/30/2005 ] r Payment Received After 6/30/05, then $3,152.46 Due. All Ace loots Due within 10 Business Days from Date of the Invoice. A 1 % PER MONTH: IERVICE CHARGE (12% Annually) will be added thereafter. Purchaser is required to pay all costs and attorney fees if collection necessary. 8580 OS/27/2005 08:52 5518389512 MOLLYS TROLLEYS PAGE 02 Molly '8 Trolleys 2625 Merc( r Avenue West Palm Beach, FL 33401 Ph: (561); :38-9511 Fax: (561) 838-9512 Today's D lte: Saturday July 2, 2005 INVOICE FOR PAYMENT INVOICE NUMBER: 5861 Name: Lisa Bright Organizati, In: Boynton Beach eRA City,State,2 IP: Boynton Beach, FL. 33401 JlESClUf] ~QN Boynton Beach Trolley_ Dates:J.une 27... lWy 1. 20(1i Dat, ~ Descri tion Cost $2,535 Insurance on Congress Avenue Trolleys $3,121.25 $2,000 Congress A venue Trolleys- Capital Costs + $7,200 Driver Costs. $750 Administrative Costs $237.99 $12,485 monthly total or $3121.50 a week June 27-Jllly 1, 2005 L PLUS DIESEL GAS for the MONTH of June: $237.99 TOTAL COST: $3,359.24 Please make y )ur final payment check out to: Mol1y's Trolleys. To expedite pI :>cessing, please list your INVOICE Number on your check. Please send YC:It payment check to: Mollis Trolleys 2625 Mercer Ave. W Palm Beach, FL 33401 Payment Amount: $3,359.24 Due Date: 7/8/05 If Payment Received After 7/8/05, then $3,426.42 Due. All ACCOl nts Due within 10 Business Days from Date of the Invoice. A 1% PER M01\ TH SERVICE CHARGE (12% Annually) will be added thereafter. Purchas, ~r is required to pay aU costs and attorney fees jf collection necessary. 8581 ~), (\\(' CD ~~,~ BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM Requested CRA Date Final Materials Must be Meetine Dates Turned into CRA Office 0 January II, 2005 December 28,2004 (Noon,) 0 February 8,2005 January 25, 2005 (Noon) 0 March 8, 2005 February 22, 2005 (Noon) 0 April 12, 2005 March 29, 2005 (Noon) 0 May 10, 2005 April 26, 2005 (Noon) 0 June 14, 2005 May 31,2005 (Noon) NA TURE OF . Consent Agenda AGENDA ITEM 0 Director's Report DATE: July 6,2005 SUBJECT SUMMARY PARAGRAPH: Requested CRA Date Final Materials Must be Turned into Meetine Dates CR-\ Office . July 12, 2005 June 28, 2005 (Noon) 0 August 9, 2005 July 26, 2005 (Noon) 0 September 13, 2005 August 30,2005 (Noon) 0 October II, 2005 September 27, 2005(Noon) 0 November 8, 2005 October 25,2005 (Noon) 0 December 13,2005 November 29,2005 (Noon) 0 Old Business 0 Legal 0 New Business 0 Future Agenda Items 0 Other Item At the April 12, 2005 eRA Board Meeting, the Board approved an Assembly and Redevelopment Incentive Grant in the amount of $15,000 for Phase I work that includes the execution of the Memorandum of Understanding and property appraisals. The group is requesting payment of $7,494,80 for attorney's fees relating to the drafting of the Memorandum of Understanding. RECOMMENDATION: Pay $7,341.90 which represents 50% of the attorney's invoice.- EXPLANATION: (Background of the issue: Who, What, Where, When, How, Etc.) The SEBOF group represents 19 of 26 property owners within a two block area at the southeast corner of S. Federal and Ocean Avenue (approx 6.0 acres) with Land Use of MU-H. The group has retained the law firm of Siemon & Larson to represent them. SEBOF anticipates that the MOU will be executed at the end of July, The group is in the processing of selecting an appraisal firm. FISCAL IMPACT: AL TERNATIVES: $7,341,90 which was budgeted in the line item grants in the 2005-2006 eRA budget. ,Do not P}lY. -=:> ~4/~ (/ i ,. Vivian L. BrookS; tanner \\Fp1\users\BrooksV\Misc\CRA Agenda Item Request 2005- Blank,doc 8582 V 'o.l I . I . L v V j L.' r I If! v . I" IIII,,' II V. I' \J ~ \,/, I .;: '", "T 1\ ",. 'V' V SIEMON & LARSEN, P.A. Mizner Park 433 Plv.a Real, Suite 339, Boca Raton, Florida 33432 Telephone (561) 368.380& - Facsimile (561) 368-4008 E-Mail .info@siemonlarsen.com July 7, 2005 Ms. Vivian Brooks Planner The Boynton Beach Community Redevelopment Agency 639 East Ocean Avenue Suite 1 03 Boynton Beach, Florida 33435 Re: SEBOF Self-Assembly Phase J Dear Vivian, Enclosed please find an invoice in the amount of $14,989.60 for work completed to date on Phase I of the Self Assembly process for SEBOF. The amount requested to be drawn down from the $15,000 Assembly & Redevelopment Incentive grant is $7,494.80. The remaining balance of the grant will be $7,505.20. If you have any questions regarding this request, please do not hesitate to call me. Mark Rothenberg Enclosure 8583 07/05/2005 12:11 5517328158 SCOBEE COMBS BOWDEN PAGE 02/02 July 6. 2005 eRA - Boynton Beach Re: Land Assembly - SEBOF Group On behalf of SEBOF. we are asking for reimbursement of $7341.90. wbleb are expenses reOectiDg work performed In Phase I of the Memorandum of Understanding (M.O.V.) Agreement. I ft#~ chaeI . Bowden 8584 v. Public Audience Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. VI. Public Hearing Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 05-120 STAFF REPORT To: Chair and Members Community Redevelopment Agency Board and City Commission Through: Michael Rumpf Planning and Zoning Director Eric Lee Johnson, AICP (,..zz:d-/I Planner () From: Meeting Date: July 12, 2005 File No: ZNCV 05-002 Location: 2623 Lake Drive North (Lots 33 & 34 in Lakeside Gardens) Owner: Mr. John Trach Project: Solid-roof screened enclosure addition to a single-family detached home on a parcel zoned R-1-AA. Request: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.C.2, regulating the maximum lot coverage, to increase the maximum lot coverage from 35% to 38.5% for a single-family residence within the R-1-AA Single- family Residential zoning district. BACKGROUND The subject property is comprised of two (2) lots, zoned R-1-AA, single-family residential (see Exhibit "A" - Location Map). They are located on the east side of Lake Drive North, just south of the intersection of Lake Drive North and Dimick Road. The lots were platted on January 22, 1922 as part of the Lakeside Gardens subdivision. Both lots combined form a single parcel that is dimensioned 47 feet in width and 161.93 feet in depth. The parcel and the existing house do not conform to the current R-1- AA zoning district regulations. On October 24, 2001, the owner was given a building permit to demolish most of the old house and reconstruct a new/larger one in its place. It is believed that the original house was built in :f:1959. This allowed the property owner to reconstruct the legal non-conforming house. Subsequently, on March 16, 2005, the property owner submitted a permit application to the Building Division to construct a solid-roof screened enclosure to the rear of the newly built house. This covered patio, according to the survey, would be 8.67 feet by 33.33 feet, or approximately 289 square feet. The intent of the property owner is to add a second story balcony to overlook the Intracoastal Waterway. However, it was never approved due to it exceeding the zoning district's maximum allowable lot coverage (see Exhibit "B"). The required building setbacks of the R-1-AA zoning district are as follows: . Front and Rear setback: 25 feet; Side setback: 7.5 feet jf lot is platted prior to June 13, 1975 Maximum Lot Coverage: 35% 'l f3E!!/6> . . Page 2 2623 Lake Drive North Variance File No. ZNCV 05-002 The maximum lot coverage of the R-1-AA zoning district is 35%. The proposed lot coverage, as a result of the requested permit for the solid roof screen enclosure, would be 38.5%. Therefore, as depicted on the survey, this addition would exceed the allowable lot coverage by 3.5%, thereby generating the subject request. Mr. Jeff Tomberg, agent for the property owner (Mr. John Trach) submitted the variance request on April 20, 2005 (see Exhibit "C"). As of today, this office has not received any letters of support or denial by the neighboring property owners. ANALYSIS The code states that the zoning code variance cannot be approved unless the board finds the following: a. That special conditions and circumstances exist which are peculiar to the lanet structure/ or building involved and which are not applicable to other lands/ structures or buildings in the same zoning district. b. That the special conditions and circumstances do not result from the actions of the applicant. c. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands/ buildings/ or structures in the same zoning district. d. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. e. That the variance granted is the minimum variance that wtl/ make possible the reasonable use of the lan~ building/ or structure. f. That the granting of the variance will be in harmony with the general intent and purpose of this chapter [ordinance} and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Staff conducted the analysis focusing primarily on items "a", "b", and "c" above, which require that the request is initiated by special conditions and circumstances that are peculiar to the subject land, structure, or building, which are not the result of the actions of the applicant. Additionally, the criteria require that the granting of the variance would not confer on the applicant any special privilege that is denied by the regulations to other properties within the same zoning district. With regards to the applicant's response to criteria "a" and "b/; no circumstances appear to be peculiar to the land on which this variance is being sought. The applicant is clearly the one who desires approval for the covered area over the existing patio of his two (2) story home. Therefore, staff does not concur with the applicant's justification that special conditions and circumstances exist, related to lot configuration, which are not the result of actions by the applicant. Based on this information staff has found no evidence of a hardship. The applicant claims that their contractor informed them that he (the contractor) was bonded and insured, and that the building permit (#05-1543) to erect the solid-roof enclosure / balcony was approved. While it is unfortunate to have this miscommunication between the two parties, the response is not pertinent to an argument that there are no special circumstances or actions caused by the property owner. This is, in fact, a self-created hardship due to negligence on the part of the property owner, thereby representing a special privilege to just the current property owner of the variance were approved. Despite the responses by the applicant, a variance is to be granted on the basis of a hardship, which is established by characteristics other than those created by the landowner, or previous owner(s) as a result of various site_impro~ents or alterations. The emphasis of criteria "a", ~Sok: L./ Page 3 2623 Lake Drive North Variance File No, ZNCV 05-002 "b", or "c", in order to justify a hardship, is based upon natural or unique limitations relative to other properties within the neighborhood or similarly zoned. Staff does not concur with the applicant's arguments (Exhibit "0'') related to special privileges. Denial of this variance request would not deprive the applicant of the rights already enjoyed by others owning standard sized lots within this subdivision. Therefore, criteria "er/and "d//are not satisfied. Criterion "e" above considers if the request is the minimum necessary to make possible the reasonable use of the property. The property is currently improved with a 2-story home including a 2-car garage, and patio and swimming pool. The footprint of the structure is 2,761 square feet, significantly in excess of the minimum living area for the R-1-AA zoning district (1,500 sq. ft.). Therefore, it is the opinion of staff that "reasonable use" of the land has been achieved, and therefore the variance is not necessary according to criterion "e". Although the subject improvements may be less in value than other properties similarly located along the Intracoastal Waterway, which is due to land values, attributes of waterfront properties, and personal choice, the applicant has not substantiated the position that "reasonable" use cannot be attained without the subject variance. Regarding the intent of the zoning regulation, and impacts on adjacent properties, staff acknowledges that if the standard building envelope (and likewise for solid-roof screened enclosures or extended balconies) are expanded closer to property lines, the impacts on adjacent properties can include reduced light, air flow, and views. However, this is not necessarily the case with this particular request, because the requested expansion of approximately 289 square feet is at the rear of the home, facing the Intracoastal Waterway. This 8.67 foot extension to the rear of the home should have little if any impact on light, air flow, or views to the neighboring properties, looking directly out onto the waterway. While it may be difficult to say that the request is detrimental to the public welfare, it is equally difficult to say that the request is in harmony with the general intent and purpose of the zoning code. CONCLUSIONS! RECOMMENDATION Staff recommends that the request for relief from Chapter 2, Zoning, Section 5,C.2, to allow an increase in the maximum lot coverage from 35% to 38.5% for a single-family residence within the R-1-AA zoning district, be denied due to the lack of traditional hardship, and due to the circumstances not being peculiar to the lot itself. Staff is supportive of residential redevelopment and associated improvements and recognizes that past variance requests have been reviewed by the City using more than the traditional criteria, or interpretations of this criteria, which places greater emphasis on economic potential, minor home improvements, and characteristics of or impact upon surrounding properties. For these reasons, staff also offers the following information for consideration: 1. The Land Development Regulations (LOR's) are in the process of modification to encourage reasonable home improvements and expansions. Previously, both the Planning and Development Board and the Community Redevelopment Agency Board reviewed the proposed residential development regulations and recommended their approval to the City Commission. The City Commission approved the code amendments on 1st reading at their July 5th meeting. The applicant's request would fall within these regulations, which would allow up to 45% maximum lot coverage; and 2. The subject request is minimal relative to the magnitude of physical improvements on the site; the balcony and enclosure that would extend out from the rear of the home 8.67 feet and cover approximately 289 square feet of an existing patio. S:\Planning\SHARED\WP\PROJECTS\2623 Lake Drive North\Staff Report.doc '65 6 J Exhibit 'A' - Location Map . 40 I 20 o 40 8588 80 120 160 I Feet N ..' , ..Jun C::/ U::J 11:48a Universal Surve~irg S~ste 561-736-0908 EXHIBIT B PBefVJ IT IVO. 02 -- /4-Z~ -'1 CJ J.I ~I I I ~ClR.., \-r L G L~ LA--{6~ [j fL "-1' ~d '-/ f\JT1.) ^-1 l3L..A-i SITE & BUILDING DATA ADDRf55 OF PROPERTY. TRAGH RE51~ 2h~ LAKE DR. NORTH 601'NTON BEACH, FL. SIlt:: GAl..CUl..ATI0N5: 51lt:: AAI;A LOT COVERA6E B.JILDI~ FOOTPRINTS LAND$GAPE AAEA DRl'lEl"\A Y AND FRONT WALKS POOL AND REAR DEC.K TOTAL FLOOR AAEA RATIO FIRST FLOOR AREA 5EGOND FLOOR H<eA OTHER FLOOR AREA TOTAL 8589 1~~ SGl. FT. .216Isa.FT. :55~ Of SITE I~ sa. FT. ~2l!. OF SITE 1401 sa. FT. 11.1% OF sire 1'106 sa FT. ~4.1~ OF SITE ;~~ SGl. FT. I~ 2.116 sa. FT, :2""'1 sa. FT. 145 sa. FT. 5402 SGl. FT. t>e.,~ OF SITE p.2 l' -~ 6'-8' -~ 0Q1,~.~Ufl i~,n ,.W" R@ Ii I --~~ n /1 L1J / ! . i J'~ 1 U ''''^~~E " . ---'-'_ VELOPMfNl ~ 06/28/2005 16:22 5617348971 JEFF TOMBERG, JDPA PAGE E~HIBIT B I I I I I 03 Jun 27 05 11:4ee Unive~~^l I~-- PROfER-Y ADDRE?? 7.."2~ L-~~" 0,.;.,. N..<-lk e0l'!110r F.l~D(,h, Floria.. ~Yn7 FL.OCD ZOI'E Z'M" 'A-7' Gol11!lV1lty I" clO,cJ No, 17.01'" OOO~ C '?cp1cmb,,,, }O, 1'167. Surve~i"~ S~5te 561-?3G-090a ~-,~"---- 'J Vl(,l~\Y Ivlop DOlWAII:Y ':>UfNEY Prcparcei For ~ : H...." ~ JOI-'N TRAGI.I : t ~ t, . HZ; \.-AKI::: OR IVE NORTH I ~ I S ~oYNTON BeACH, I ~ ~ ~ fl.Oti:'lOA ( ~~1~5 , ~IiIIOR1H"^~'^"f ~ In'P sO,oo'r ~ OC')~'(JO'C' ~ <,. .t. ~ 2 ft-"'\oI'o : ~ ~ ........ ' ~ ~~ .. ^ s '3 ~~ % . . TIE:"",<: ( ~~ I 8S "f. ~\:l3" :: % ' i\> ~ z tS ~ .' "AU.. ~ilil: ,p".."" ..-"" " , T1r:- NORTH -T-~rr~~~ LOT fJ1CA " 7q~1 ~a fT -/" ~ 11:;'0"'0 L2:Li!)6f r:oorp:1f2,/I1fT' Z7liJl.t ~4-e~t, PlUl'PU:,G'b GO V' D Pi"> ,10 I e. ".7' k ? ~.;l ~ z.'Olj,.'P~:::; '3 t6 "38.49 .?e ~w.,6c; ~ICtif.GF.W"'''''', J:. "IMIL.^~ UATTEfi:<> or- r.cr"a;: ), r-\..l':IIlI1lor-r.> A~E NIt,T IONAl_ bE(XlET IC 1iE1n'1~ O...TLN of' I qt~, ~ !lEAl\' I />oIlY> A~!: l'A'.Cll ON '1'1-(; ..e.,T ~ /W l-I r-E or Lf\K~ ')II:IC P~'~. AntMEO TO Dl;Af; NOOOO'()()' E, s ~,. IttN ~oo />N) GAl" '..N..E<n ~T"O, ~, ot:NOTr.<J r~GII"O~ L-OT (!op.~ 7. X DE""T!:,> EXI"TI~ LOT ~AOe':>, ...eOfN:> , 1:1 - oeel:l r . /'\..AT r - rll"LO fN) , . F(X).o c.ON~ "c;(N;!i:eTI~ E\.. - ~l-evAT ION ,",0 . NAIL. t DI.o,(; P.IW - P.16HT or "AT .,~. . '><IIJT~ClE1,.'" Ir..r. - I~ON ~Ct> 4 (./oJ' W.E, . I.JTII,.ITV EA';EhC:NT N<TT . NAIl.. N-C TIN TM M,t:, - lMl~~ EA~:NT r-r'L - rLoI: Il:lA rO\ll!!( . "'6H1' p.~,r ," r~ roONT~(;L '-OINT <;JJ) ",,, Tf~ ioETEP. ~ ,- 'A:W(1: Le66L =,~lrTlllN: 5'i'~?1'J\~-~~)i.-~~J~~~nlt;ll:_~brA,,^~- 'llroIVI9'O!' Ia::U>!lI'C:> IN 'Tl-C orrlG.C Dr' K ~ at' 'IKl t IRel"T """'-'T IN ~~~~~~'~^~ ~;.,~f. ~,~~~~,~ lrt"1')(:t.t'T~ ".lr.\'~ ,....,~~r""rlf}'.!J-q-:. r II'IAL 'WMY 0'>-00-0) E>ob BU~gee II1G f'.o. Box "2.43887 E>oynton Be~Gh, Fiona.:!, ),424-,881 5bl-nZ-7877 0.,. , '~;y.l rr'l"'"'~ in tho Oil"" .1 lito '?In.,..... V, E~~l c...1(""" E>mJic...J. E>cynton D~",h. Aorill.o :>'4:>5 '!l.r.'~~. "-...__~ ......,.,...--.-....~ "... 1/..-.&.Io,......,..~~\Ir ~ ~ "'- ,~-.,t-.. _.........L.........~ ~,&...- ~_..... II'.-.~......,........ ~ ~"".,.. """ ~~. ..,....,.",,_ ,AI """".""'* w.l ~"I...",-od1W'WlY 8590 LAW OFFICES OF JEFF TOMBERG, J.D., P.A. P.O. Box 1426 626 S.E. 4th Street Boynton Beach, Florida 33435 EXHIBIT C Jeff Tomberg Board Certified Civil Trial Lawyer June 28, 2005 (561) 732-6488 (561) 737-1345 FAX: (561) 734-8971 e-mail: piatty@yahoo.com Mr. Ed Breeze City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Fax and mail transmission: 742-6259 Re: John Trach Dear Ed: The building footprint including the proposed covered patio totals 38.49% of the lot area. The code permits 35%; so we are asking for a 3.49% lot coverage variance. A copy of the survey and site and building data is enclosed. JeT/ah enc. cc: Mr. Trach Very truly yours, ~BERG (Dictated by Jeff Tomberg. Signed in his absence to avoid delay.) roJ,~~~DW~fn1 U1J! JUN c 0 2005 ~ r ,111 1',\IHMf'NT or DEVELOPMENl 8591 EXHIBIT 0 Application for variance of John Trach Statement of Special Conditions: A. The special conditions and circumstances which exist peculiar to land structure of building which are not applicable to the land is that the applicant seeks to square off his building as set forth in the proposal under his survey, to extend the covered patio over the patio of his two-story residence. B. The special conditions and circumstances result from the failure of the contractor retained by the applicant to pull a permit. The contractor claimed to be licensed, bonded and insured, and assured the applicant that he had pulled the permit necessary to erect a covered patio extension. C. The granting of the variance requested will not confer on applicant any special privilege denied by this ordinance to other lands, buildings or structures. Applicant believes that the variance would be consistent with changes currently being proposed by ordinance as to lot coverage, for the applicant seeks only to extend a balcony and is not enclosing the patio, D. The literal interpretation of this chapter would cause applicant unnecessary and undue hardship. Lot coverage issues should not be included as this is an open area balcony that is being extended and not enclosed. E. The variance granted is the minimum variance that will make possible the reasonable use of the building as contemplated by the owner. F. The granting of the variance would be in harmony with the general intent and purpose of this chapter and would not be injurious to the area involved otherwise detrimental to the public welfare in that it is simply a covering over of the patio and will provide the applicant with a sheltered area to enjoy his pool area in the event of rain. G, Not applicable. 8592 EXHIBIT "E" Conditions of Approval Project name: 2623 Lake Drive North File number: ZNCV 05-002 Reference: ! DEP ARTMENTS jlNeLUDE I REJECT I PUBLIC WORKS- General Comments: None PUBLIC WORKS- Traffic Comments: None lITILlTIES Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: None BUILDING DIVISION Comments: None P ARKS AND RECREATION Comments: None FORESTER/ENVIRONMENT ALlST Comments: None PLANNING AND ZONING Comments: None ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS 8593 Conditions of Approval 2 DEP ARTMENTS INCLUDE REJECT Comments: 1. To be determined. ADDITIONAL CITY COMMISSION CONDITIONS Comments: I 2. To be determined. I I I S\Planning\SHAREo\WP\PROJECTS\2623 Lake Drive North\COAdoc S:IPlanninglPlanning TemplateslCondition of Approval 2 page -P&D ORA 2003 form.doc 8594 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: 2623 Lake Drive North APPLICANT'S AGENT: Mr. Jeff Tomberg, J.D.; P.A. APPLICANT'S ADDRESS: 626 Southeast 4th Street Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 2, 2005 TYPE OF RELIEF SOUGHT: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.C.2, regulating the maximum lot coverage, to increase the maximum lot coverage from 35% to 38.5% for a single-family residence within the R-1-M Single-family Residential zoning district. LOCATION OF PROPERTY: 2623 Lake Drive North DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby - GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:IPlanningISHAREDIWPIPROJECTS\2623 Lake Drive NorthlDO.doc 8595 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 05-121 STAFF REPORT To: Chair and Members Community Redevelopment Agency Board and City Commission From: Michael Rumpf Planning and Zoning Director Eric Lee Johnson, AICP ~ Planner U Through: Meeting Date: July 12, 2005 File No: ZNCV 05-003 Location: 2625 Lake Drive North (Lots 31 & 32 in Lakeside Gardens) Owner: Avon Investments Incorporated Project: Construct a single-family detached home Request: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.C.2, requiring a seventy-five (75) foot minimum lot frontage to allow a 22-foot variance, resulting in a fifty-three (53) foot minimum lot frontage within the R- 1-AA Single-family Residential zoning district. BACKGROUND Mr. Jeff Tomberg, agent for the property owner (Avon Investments Incorporated) submitted the variance request on April 20, 2005 (see Exhibit "C"). As of today, this office has not received any letters of support or denial by the neighboring property owners. The subject property is comprised of two (2) lots, zoned R-1-AA, single-family residential (see Exhibit "A" - Location Map). They are located on the east side of Lake Drive North, just south of the intersection of Lake Drive North and Dimick Road. The lots were platted on January 22, 1922 as part of the Lakeside Gardens subdivision. Both lots combined form a single parcel that is dimensioned 53 feet in width and 160.69 feet in depth. The width of the lot is wider at the street front (Lake Drive North) than it is at the rear (along the Intracoastal Waterway). Evidently, the owner was able to acquire a three (3) foot wide sliver of land from the property to the south (Lot 33). This sliver of land is approximately 55 feet deep. A single-family detached home was previously built on the property. However, Building Permit #04-4869 permitted the demolition of the existing house. Now, the 0.188-acre parcel is vacant and does not conform to current R-1-AA zoning district regulations as it relates to lot width. The owner applied for a building permit (#05-1493) to construct a new single-family detached dwelling. The district regulations of the R-1-AA zoning district are as follows: . Minimum lot area: 7,500 square feet if lot is platted prior to June 13, 1975 Front and Rear setback: 25 feet; Side setback: 7.5 feet if lot is platted prior to June 13, 1975 Maximum Lot Coverage: 35% 8596 . . . Page 2 2625 Lake Drive North Variance File No. ZNCV 05-003 The survey (Exhibit "B'') shows that placement and configuration of the house, proposed on the subject parcel, would be located 25 feet from the front property line, seven and one-half (7-112) feet away from the side property lines, and over 39 feet from the rear property line. The placement of the new house would comply with code, except that the lot frontage does not meet the minimum required by the R-1- AA zoning district. The property has been zoned R-1-AA since 1961. ANALYSIS According to Chapter 1.5, Article II, Section 2.1.D. of the Land Development Regulations, the zoning code variance cannot be approved unless the board finds the following: a. That special conditions and circumstances exist which are peculiar to the lan4 structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district. b. That the special conditions and circumstances do not result from the actions of the applicant c. That granting the variance requested wJlI not confer on the applicant any special privilege that is denied by this ordinance to other lands, bUlldings, or structures in the same zoning district. d. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant e. That the variance granted is the minimum variance that will make possible the reasonable use of the lanrt bUilding, or structure. f. That the granting of the variance will be in harmony WIth the general intent and purpose of this chapter [ordinance] and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. g. For variances to minimum lot area or lot frontage requiremen~ that property is not available from adjacent properties in order to meet these requirement~ or that the acquisition of such property would cause the adjacent property or structures to become non-conforming. The applicant for such variances shall provide an affidavit with the application for variance stating that the above mentioned condItions exist with respect to the acquisition of additional property. Staff reviewed the requested variance focusing on the applicant's response to the above criteria contained in Exhibit "C". With regards to the applicant's response to criteria ''aN and ''b'; special conditions or circumstances appear to be peculiar to the land on which this variance is being sought. Despite the fact that the property owner acquired a three (3) foot wide sliver, the lots were platted in 1922 with widths of 25-foot. During the course of time, various property owners combined two or more lots to form parcels that were practical to build upon. The subject property is one such parcel where two (2) lots have been combined and a house could be built and meet the zoning district's required setbacks. With regard to criteria "e', no special privilege would be granted to the applicant because a number of similar lots within this subdivision (with 50-foot lot frontage) have houses built upon them (see Exhibit "D" - Aerial photograph). Likewise, literal interpretation of provisions of the hardship criteria would in fact, deprive the applicant of the rights previously enjoyed by other properties in the same zoning district within the same subdivision. With respect to criteria "e' and "t', the variance sought would be the minimum necessary to make possible the reasonable use of the land for a single- 8597 Page 3 2625 Lake Drive North Variance File No. ZNCV 05-003 family detached home. Granting of the variance would not change the nature or character of the neighborhood due to the fact that there was a house already built on the property. Contemporary homes (built within this area of the city) tend to be constructed larger in size than their predecessors. Larger homes are the product of rising property values in conjunction with diminishing supply of vacant properties, especially within desirable areas of the city. Staff has no objection to larger homes, as long as these homes are built in accordance with the regulations of the R-1-AA zoning district. It appears as though the proposed survey shows the placement of the house would comply with all setback regulations. Lastly, the aerial photograph shows that the subject property is bounded by Lot 33 of Lakeside Gardens to the south (improved with a single-family home), and a 4.2-foot wide walk easement of the plat to the north; the subject lots cannot be expanded to either the north or the south. It should be noted that last year, Mr. Rod Regan attempted to abandon the walk easement to the north in order to acquire additional property. However, his abandonment request was denied by the City Commission. Therefore, there would be no future opportunity for acquiring additional property. Under Chapter 2, Section 11.1.C.3, Non-Conforming Lots, a detached, single-family dwelling may be constructed on any parcel in an R-1-AA district, without requiring a variance, provided that it meets the following requirements: 1) the parcel contains at least one whole platted lot; 2) the parcel has a frontage of not less than 60 feet, and a lot area of not less than 6,750 square feet in area; and 3) it would not be possible to acquire property from adjacent parcels so as to make the subject parcel conforming, without causing the adjacent parcels or structures thereon to become non-conforming or more non-conforming. The applicant would meet all of the criteria for being allowed to construct a home without the necessity of a variance under these non-conforming provisions, except if the applicant has 53 foot frontage and not the requisite 60 feet, a deficit of 7 feet. CONCLUSIONS! RECOMM ENDA TION As analyzed above, the proposed variance request would appear to comply with the entire above- referenced criteria. It is a challenge to the city to know when to adhere to new zoning regulations, and therefore through attrition bring neighborhoods up to current standards, and when to recognize development rights established, in part, by original platting. However, staff has arrived at this conclusion based on the fact that the property remains as originally platted, various properties in the neighborhood have been improved that are similar in size, that the total width of the subject lot is only eight (8) feet narrower than the minimum width required for the R-1-AA zoning district for a legal non- conforming lot, and based on the inability to expand the subject lot to a conforming width. Therefore, staff recommends approval of the requested variance of 22 feet, to reduce the minimum required lot frontage from 75 feet to 53 feet, within the R-1-AA zoning district. No conditions of approval are recommended by staff. Any conditions of approval added by the Community Redevelopment Agency or City Commission will be placed in Exhibit "E" - Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\2625 Lake Drive North\Staff Report.doc 8598 Exhibit 'A' - Location Map . 50 25 0 I 50 8599 100 150 200 I Feet w.' < L.AKE WORTH WATER:WAY [D] 50 m' rq. [D] ":> 00'4' 'OO'E II! vS- s. ~fQ 9 ~ "" .\ ~IC t"" ~~C, "p, ~o., j \~ '" <:> ~ ::;1- ;~ ;.. 33 ... 2~ Fl..OOl: "4.." l' q. 1..INE ~I>" ~O~ 7,50 7,50 TIE 35,00 TIE !" a' a"'''' . <0 '" a ' a ",I- baa cr-_..l Z cr- PROPO":iED '" '" RE":i I DEf'~CE "- Cl <:> '" FF-I 0,00 '" C) '" I- w IlJ C) a ..l a a ~ a 8 n a .,. 7,50 a, I 3,75 TIE 88 t> rP cr- ~' ~ Z UM'RED Z'" q "b <:> 6 ~~ ,,'" >I-- "'~..., .,!-I '\. ~~, t,,1l.., I) t,,1l.~ ,1 t 5) ,03' F t.v' O:~ -l;K-EDR I VE - NORT~ - - '?- I ~ Pl..OT PL..AN 2'2~-05 Q ~1~li~~~F~~~~ra7~~J:~ATICN:> I 2-0<;-04 a <.) '" '" '" .., ?i ..l '" ..l ~AU: @ 2~ 30 '>ITE D IMIGK RO " j!: of' ~ ~ ~ >- ~ i OJ I ~ ~ POTTl"R RD ~ IU "- L.OCATION MAP N.T,":>, ~~ ~~ ~5 " H ~2 ~~ ~ ~, ~- 'f7 ~e ~~ @ ORA I NAGE \-VTE',>, Fl..OOD ZeN:' A7 (El.. ~) O~i'O/M CCJM,ol.NITY-PAN:l.. NO, I 2Cl ~, 0004 ( MAP REV I '>ED , '>Ef"'reMlER '0, I qez l..OT AREA . ~220, 32 '>Q FT -/- PROf'EIITY ADDRE"n 2_25 L.AKE ~IVE NQRTH BOYNTON l'EA6H, FlOR I DA "435 6ERT I FY TO AVON INlEo;lM:NTo;. INC \..NITED 6EN:RAL T ITl..E IN'>lJRANGE UU'ANY JC>-N HOOKER . 6CM' ANY T I Tl..E I N?lJRIIN6E A6ENC Y, I N( \-VTEo; , I 1.N:>ER6RO\.W UT I LIT I B 'l'ERE NOT LOCATED EX(EPT Ao; _, TI-i: LAN)'? _ I-f:REON 'l'ERE NOT Al>'?TRAGTED DY o;URYEYOR FOR EA'>EM:NT'>, RIGHT-Of-'lAY'>. RE'?ERVATION? AJ'oD OTI-i:R '?IMll..AR MATTl"R"> Of REc.ORD, ELEVATION? ARE NATICNAL. 6EODETIC VERT IGAL DATL.t.4 OF I ~2 q , 4 DeAR I NO'> ARE DA'?ED ON TI-i: 'l!E,>T Rf'I L 11>-1" Of LAKE '>IDE DRIVE, A.,.,\..M:O TO DeAR N 00 00'00' E ~ON ROD NoD CAP \.N..E'>'> NOTED DENOT1:'? PROPO'>ED 1..0T GRADE'> DENOTE'> EX I '> T I N6 l..OT 6RADE'? U"6EN? , F - FIELD FW - PO\.W C~ - C-ONCRETE ~l.., - ELEVAT ION N4D - NAIl.. 4 OI'>C Rf'I - R 16HT Of 'lAY '> ," - ?OUTl-f1:N l'E1..1.. I R4C - I RON ~oo 4 CAP U,E - UTll..lTY EA'?EM"Nr NHT - NAIl.. AJ'oD TIN TA13 M, E , - MAl NTENANCE EA'>BofNT FP41.. - Fl..ORIDA P(>fE~ . 1..IGHT 1'<:-1',- PE~ CCNTRO\.. POINT @ - "ATE~ ~TE~ @ .~R ":>16NATURE AND THE ORI6INAL. RAI":>ED ":>EAL. OF A FL.ORIDA L.ICEN'?ED ,?URVEYOR BOLJI\()ARY <?LJRVEY LOT'? THIRTY-ONE" I ) AI-v THIRTY-TWO (H), IN l.-AKI5IDE 6AR:DEN':> , A '?l,.e- DIVI'?ION Of' THE TOlIN Of' OOl'NTON. Fl.-OR IDA. AGWROIN6 TO THE Pl.-AT Of' '?AID "JU)O I V I c;, I ON REGORDEO I N ~ Of'F I GE Of' "THE Gl.-ERK OF THE G I RW 1 T WlJRT IN AN) FOR: P'ALM ~CH COl-NTY. F\..OR:IOA, IN P'l-AT !'OOK 0 AT PA6E 57, AN) TH: NOfI:TH n-<<EE FEET OF ll1E WE'7T .,.,.., FEET OF I-OT THI RTY-Tl-t!:EE (" J . )-11 -04 ~y DATE' I . -20' FIL..E f .1>, f, UNIVER~~ ~URVEYIN6 ~Y~TEM'?, ING. (,ERTIFICATE OF AlJTI-k:)RIZATION N.t.eER &.e 5q&4 1'1' L.AKE ~ I VE NORTH OOYNTON "eAGH. ~IDA '''''5 OfFI(,E: 5~ -7"-04'1 FAX: 5~ -7"-Oqo6 00-1 I -033 8600 XHIBIT B EXHIBIT C Application for variance of Rod Regan, Avon Investments, Inc. Statement of Special Conditions: A. Special conditions exist which are peculiar to the land which are not applicable to other land in the same zone and district. Result from the property being platted prior to the modern zoning codes. This Plat dates back more than 50 years. At the time the individual lots were platted in 25-foot frontage by 160' depth. The applicant owns Lots 31 and 32, and has a 3' parcel relating to Lot 33. B. The special conditions arise from the lot having been previously platted and the City amending or altering the size frontage requirements for single family residential lots. The non-conforming use existed prior to the purchase of the property by the applicant. C. Granting the variance will not confer on the applicant any special privilege denied by this ordinance against other lands or structures in the same zoning district, or simply allow the applicant to build on property he currently owns that previously had a residence on it. D. Literal interpretation of provisions of this chapter would deprive the applicant of the rights commonly enjoyed by other properties in the same zoning district by precluding him from building on a previously-built residential lot, which at the time it was originally platted and built upon, the two lots conformed with necessary zoning codes. Currently the zoning and ordinance in questions requires a 60-foot frontage, and the applicant does not have 60 front feet. E. The variance granted is the minimum variance that will make possible the reasonable use of this property. The reasonable use of this land is for a single family residence, and without the variance this property is non-conforming because it does not have the necessary frontage to comply with the ordinance. F. The granting of the variance is consistent with the purpose of this chapter and the variance does not change the nature or character of the neighborhood; nor does it change the nature or character of the lot; nor is it otherwise detrimental to the public welfare. Granting the variance will permit the applicant to remain consistent with the nature and character of the existing neighborhood and consistent with the existing use of the property. It is not injurious to the ch9racter of the neighborhood in any respect. G. Variance of minimum lot front requirements is not available to be purchased by the applicant, as the property on Lot 33 currently has a residence on it and the necessary frontage cannot be acquired by the applicant on the south side. On the north side there is an easement for ingress and egress to the Lake Worth waterway which cannot be acquired by applicant. There is no possible way to acquire sufficient frontage to comply with the zoning code. 8601 ~z --" .l>- e -...J e e --" .l>- e 'T1 (!) ~ 8602 -.' III '" (j) N CJ1 r OJ 7' CD o -, -- < CD Z. o ;:4. :::r S' II CD o N CO ~ . '---~l hr~ _"', L:;!r \- Q~.: ~j EXHIBIT "E" Conditions of Approval Project name: 2625 Lake Drive North File number: ZNCV 05-003 Reference: DEP ARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None PUBLIC WORKS- Traffic Comments: None UTILITIES Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: None BUILDING DIVISION Comments: None P ARKS AND RECREATION Comments: None FORESTER/ENVIRONMENT ALIST Comments: None PLANNING AND ZONING Comments: None ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS 8604 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: 2625 Lake Drive North APPLICANT'S AGENT: Mr. Jeff Tomberg, J.D.; P.A. APPLICANT'S ADDRESS: 626 Southeast 4th Street Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 2, 2005 TYPE OF RELIEF SOUGHT: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.C.2, requiring a seventy-five (75) foot minimum lot frontage to allow a 22-foot variance, resulting in a fifty-three (53) foot minimum lot frontage within the R-1-AA Single-family Residential zoning district. LOCATION OF PROPERTY: 2625 Lake Drive North DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1, Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby - GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\2625 Lake Drive North\DO.doc 8606 Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 1. To be determined. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 2. To be determined. SIPlanningISHARED'WP\PROJECTS\2625 Lake Drive North\COAdoc S:\Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc 8605 Page 3 Deasy Variance File No. ZNCV 05-005 not due to actions of the applicant, those of the previous owner created the hardship, and ultimately result in the failure to meet the special conditions language contained in a - c above. With respect to criteria "d" and "e", traditionally, variances are intended to prevent the total denial of reasonable use of a piece of property. If this were applicable to the subject case, then denial of the ability to build the pool screen enclosure would be construed as a denial of the reasonable use of the property. Staff does not concur with this position, but rather believes that the existing improvements on the property, which include the home and an unscreened pool, represent "reasonable use" of a parcel zoned for single-family homes. It should however be noted, the applicant has submitted a letter from a doctor, indicating that the screen enclosure would be beneficial to the applicant relative to her allergies. While not necessarily denying reasonable use of the property, a potential argument could be made for the reasonable enjoyment of the property and certain improvements thereon. Regarding criteria fOr', as noted earlier, the applicant has submitted letters of support from her neighbor to the east, immediately abutting the side yard into which the pool enclosure would encroach. This particular property, 635 NE 15th Place, has a pool which would be adjacent to the applicant's, and the trustees for the property state they". ..do not object to a screened in pool cover for the existing pool.. .". Additionally, letters of support are attached from the property owner to the west of the applicant and a neighbor across the street. CONCLUSIONS/RECOMMENDA TION Staff recommends that the request for relief from Chapter 2, Zoning, Section 5,C.2, to allow a four (4) foot side setback for a screen enclosure, resulting in a six (6) foot variance to the minimum ten (10) side yard requirement within the R-1-AA zoning district, be denied due to the lack of traditional hardship, and due to the circumstances not being peculiar to the lot itself. Staff is supportive of residential redevelopment and associated improvements and recognizes that past variance requests have been reviewed by the City using more than the traditional criteria, or interpretations of this criteria, which places greater emphasis on economic potential, minor home improvements, and characteristics of or impact upon surrounding properties. For these reasons, staff offers the following additional information for consideration: 1. The pool was built prior to the applicant's purchase of the property. It is not an instance where the applicant built the maximum size pool knowing it would preclude the installation of a screen enclosure, and is now requesting to vary the City regulations to accommodate one; and 2. The subject request represents the minimum amount of area required to screen the pool and deck, based upon these existing improvements; and 3. Staff has received no fetters of objection. but received only letters of support of the proposed expansion from adjacent property owners. Specifically, a letter from the abutting property owner to the east of the subject property, which would be the most impacted by the proposed screen enclosure. J:ISHRDATAIPlanningISHAREDIWPIPROJECTSI 625 NE 15~ Place Deasy Variance\ZNCV 05.0051STAFF REP,doc 8609 ... . ~-'1' . ~ (I "-'f"~,if, .:; ',"'- 1 in. = 74.9 feet i,"'~,r,"''':'''\ , , I, ':.. 625 NE 15th Place - Deasy Variance EXHIBIT A ~j . 8610 liP' ~,. ,v /t/E /5% ,PLA(f'F (So' ~M/J ---/ r~ 'p/~ f I(.JA5,1/ ~ -- N ~ ~ r,<J.5T 75:oo'~) ?s:c,'f4J 10' tt.) ~~ :, ~~ . ~~ r ~ \1~ ~ ~,~~ ~~~~ ~ ~~ 0.. ~ ~ -\ .~ l< ~~ ~ la./z ~ b ""- r~& ~'- m'" l'ii & , ~ l:I ~ ' .. " :; : ~ .... F ': ~'. .';::-. 'll:" ..., ,. ~ \, ~ el.3S' 33. 7~' I'-- ~ '\ ~ ~ ~ ~ N \l' fi' VII \) 3' ~ ~~ ~ Cl vJ. ~ ~~ !-'I \'t. ~ ~ -... (' ~~ ~~ ~ " ~cN' " CONe.. ~ 1 /. ~3 ' ~ '. , "- "- ~ '" \ij ~ .... ~ ~ \)J POOL- 1,7.'98 . . \J\ ~ Vi , ~ " "1 . .. , , ~ ~ . ~p,NG , ~ ~ ~ ~ ~ Vl '" ( '- '\J "-' ~ ~ cAJ'T 7!i": 00' ~J,NI) ~//V'/r ", par ~~ 8611 ~~ ~ ~:.. ~- ~ () ~ "- ~ t) "-I . ~ -Z- B . . :.t )~ .(1'1 ~~ ;1 EXHIBIT B "t:b .Nu, 0 JI= CVdtd'7L1~ FL) P K ( 1u1.);#EE. /J/oI- 1601 p<;:p ~ ~ ~ '\.. " ".. f\\ () EXHIBIT "C" M. D. Obidesler, M.D., P .A. ~~ !III Intemal Medicine 2601 Flagla Ave. Suite 316 West Palm Beach, Florida 33407 Phone 561-65$-9170 Fax S61-6SS~3622 May 16, 2005 Re: MaryAnne Deasey Ms. Deasey has asked me to write in support of her getting a screened in porch secondary to her allergies to insect bites. I feel that this would be of significant benefit for her and any assistance you could render would be appreciated. If you have any questions or concerns p~ease feel free to contact me. 8612 I ^ ^ 1 '^ II ." . r, .., ,." "., .. t . t ....11' Page 2 Deasy Variance File No. ZNCV 05-005 ANAL YSIS The code states that the zoning code variance cannot be approved unless the board finds the following: a. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. b. That the special conditions and circumstances do not result from the actions of the applicant. c. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. d. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. f. That the granting of the variance will be in harmony with the general intent and purpose of this chapter [ordinance] and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. (Exhibit "E" contains the applicant's response to the above criteria.) Staff conducted the analysis focusing primarily on items "a", "b" and "c" above, which require that the request is initiated by special conditions and circumstances that are peculiar to the subject land, structure, or building, which are not the result of the actions of the applicant. Additionally the granting of the variance would not confer on the applicant any special privilege that is denied by the regulations to other properties within the same zoning district. Despite the responses from the applicant, a variance is to be granted on the basis of a hardship, which is established by characteristics other than those created by the landowner, or previous owner(s), by various site improvements or alterations. The emphasis of criteria "a", "b" and "c", in order to justify a hardship, is on natural or unique limitations relative to other properties within the neighborhood that are similarly zoned. The variance should make more equitable the regulations when applied to the various properties within the area. Alternatively stated, in order to meet criterion "c", one should assume that the same structure proposed similarly on an adjacent property could be constructed without a variance. The subject request has been initiated due to the homeowner's desire to screen an existing pool. The previous owner, who had the pool constructed, did not take into consideration when determining the pool's ultimate location, that they could be limiting themselves or future owners in the construction of a screen enclosure. As a result, the former owner has created a situation that now limits the applicant's ability to construct the enclosure within the setback regulations. The same size pool and deck could have been constructed within the back yard, following code regulations, and still allowed room for the screen enclosure, without need for a variance. While 8608 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM #05-118 Staff Report Community Redevelopment Agency Board Meeting Date: July 1, 2005 File No: ZNCV 05-005 Location: 625 NE 15th Place (Lot 17, Yachtsman's Cove Subdivision) Owner: Maryanne Deasy Project: Pool screen enclosure for an existing single-family dwelling. Variance Request: Relief from Chapter 2, Zoning Section 5.C.2, requiring a ten (10) foot side yard setback to allow a six (6) foot variance, resulting in a four (4) foot side yard setback for a screen enclosure within the R-1-AA Single-family Residential zoning district. BACKGROUND The subject property and surrounding neighborhood is zoned R-1-AA, single family residential (see Exhibit "A" - Location Map). The lot, developed in 1979, conforms to the current R-1-AA zoning district building and site regulations. The subject neighborhood is developed with single- family homes. The rear of the subject property currently abuts Seaview Mobile Home Park, which was recently approved for a townhouse development called the Seaview Park Club. The property is located on the north side of NE 15th Place with a depth of approximately 131 feet and a frontage of 75 feet. The subject variance is requested because the previous owners of the house chose not to have a screen enclosure erected when the pool was constructed. By not constructing a screen enclosure around the pool, they followed only the appropriate pool setbacks, which allowed the edge of the water to be at eight (8) feet from the side property line. The deck around the pool extends an additional four (4) feet from the waters edge, leaving four (4) feet to the property line (see Exhibit "B" - Survey). As constructed, these improvements met code at the time of installation and still do today. However, the new owner is desirous of constructing a screen enclosure around the pool due to her allergies associated with insect bites, and has submitted a letter from Dr. Michael Chidester in support of her request (see Exhibit "C"). Screen enclosures, those with screen walls and roof, are required to comply with the minimum building regulations, which in this case is ten (10) feet for a side yard. In order to comply with the code, the screen enclosure would be two (2) feet into the pool. The applicant also advised staff, in a pre-application meeting to discuss the potential variance, that a contractor had been hired to build and install the screen enclosure, and prior to obtaining a permit, the contractor has already pre-fabricated the screen panels (but has not installed them). The applicant has also submitted with the variance application, letters in support of her variance request from the most affected property owner, the one to the east, the property owner on the west side of her property and the property owner across the street (see Exhibit "0"). 8607 TO: CITY OF BOYNTON BEACH PLANNING & ZONING BOYNTON BEACH, FL. 33425 PLEASE BE ADVISED WE, ADRIAN H. WINCHELL, TRUSTEE OF THE ADRIAN H. WINCHELL REVOCABLE LIVING TRUST AND HELEN J. WINCHELL, TRUSTEE OF THE HELEN J. WINCHELL REVOCABLE LIVING TRUST, LOCATED AT 635 N.E. 15TH PL. LOT # 16 OF YACHTMANS COVE, BOYNTON BEACH, FL. HEREBY DO NOT OBJECT TO A SCREENED IN POOL COVER FOR THE EXISTING POOL, LOCATED AT 625 N.E.15TH PL. LOT # 17 OF YACHTMANS COVE, BOYNTON ~~ ADRIAN H. WINCHELL. TRUSTEE ~ 0I/4~ HELEN J~~~;LL, TRUSTEE DATED 5/16/05 Page 1 8613 EXHIBIT "0" EXHIBIT 0 May 17,2005 Code Commissioners City of Boynton Beach, Florida N OTIC E As the westemadjacentfancklwner to. the property ~ -at 625. NE 15th Place, in Boynton Beactrr owned by Johnand:' Maryanne Ouncartr l h.erehy declare that I have no objection to the erection of a screened patio enclosure around the Duncans' existing sWllllHliJlQ poot. despite the- fact that the enclosure's measure~ts do not conform precisely to the city's regulations relating to the allowable distance from their property's eastern bounda. y tifle. /~ i CahiU ~15 NE 15th Place Boynton Beach, Florida 8614 EXHIBIT 0 RICHARD F. HARTWIG 620 NE 15TH PL BOYNTON BEACH, FL 33435 April 17, 2005 To Whom It May Concern: I have no objection to my neighbors, John and Maryanne Duncan, at 625 NE 15th PL. building a screen enclosure over their pool. Sincerely, ~~?~ Richard F. Hardwig 8615 EXHIBIT E Addendum to Application for Variance for John Duncan and Maryanne Deasy-Duncan. Page 2. MAY I 8 LOU~ Question 4 A. That special conditions and circumstanbs exist ~cli:.ar~.parti.cul-J to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district; Special conditions exist in that this is where the pool had been previously been permitted to be built. The pool construction and the home construction were completed at the same time (circa 1979). The unique conditions for variance would not exist if the pool construction were different. B. That the special conditions and circumstances do not result from the actions of the applicant; These conditions came into existence during the construction of the residence around 1979. Maryanne and John Duncan purchased the property in 2004 and Maryanne since 1996. C. That granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, buildings or structures in the same zoning district; This is not a special privilege as there are many screened pools and porches within the area. The screening provides comfort and enjoyment for all the homes having the structure from the insects that are abundant in the same area. D. That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the Ordinance and would work unnecessary and undue hardship on the applicant; The screen enclosure surrounding the pool will block most biting insects that the owner, Maryanne, is allergic to. (See letter from Dr, MD Chidester) This will allow her the peaceful and healthful enjoyment of her home that many other homeowners have within the zoning district. E. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure; The screen structure will be permanently attached to the existing improvements (refer to Aerial Photo - teal highlighting). No additional property will be used. 8616 EXHIBIT e F. That the granting of the variance will be in hannony with the general intent and purpose ofthis chapter and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare; The structure will be harmonious with the intent and purpose of the chapter. Screen Porches and Pool structures generally enhance the value of the property as evidenced by the sheer number of homes having them. When reviewing real estate sales advertisements, one will notice the attention to homes having such structures. G. Variances to minimwn lot area or lot frontage requirements, that property is not available from adjacent properties in order to meet these requirements, or that the acquisition of such property would cause the adjacent property or structures to become nonconforming. Applicant shall provide an affidavit with the application for variance stating that the above mentioned conditions exist with respect to the acquisition of additional property. Our current neighbor has no interest in selling any of his property. If he were to sell us sufficient property to bring our property into compliance, his house and pool would no longer be in conformance with the current code. 8617 EXHIBIT "F" Conditions of Approval Project name: 625 NE 15th Place - Deasy Variance File number: ZNCV 05-005 Reference: I DEP ARTMENTS I INCLUDE I REJEeT I I PUBLIC WORKS- General Comments: None PlJBLIC WORKS- Traffic Comments: None UTILITIES Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: None BUILDING DIVISION Comments: None P ARKS AND RECREATION Comments: None FORESTER/ENVIRONMENT ALIST Comments: None PLANNING AND ZONING Comments: None ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS 8618 Conditions of Approval 2 DEP ARTMENTS INCLUDE REJECT Comments: 1. To be determined. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be detennined. S:\Planning\SHAREDlWP\PROJECTS\625 NE 15th Place - Deasy\COA,doc 8619 S:\Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: 625 NE 15th Place-Deasy APPLICANT'S AGENT: Maryanne Deasy APPLICANT'S ADDRESS: 625 NE 15th Place Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 6,2005 TYPE OF RELIEF SOUGHT: Relief from Chapter 2, Zoning Section 5.C.2, requiring a ten (10) foot side yard setback to allow a six (6) foot variance, resulting in a four (4) foot side yard setback for a screen enclosure in a R-1-AA Single-family Residential zoning district. LOCATION OF PROPERTY: 625 NE 15th Place DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\625 NE 15th Place - Deasy\DO.doc 8620 TO: FROM: THROUGH: DATE: PROJECT NAME/NUMBER: REQUEST: DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 05-115 Chair and Members Community Redevelopment Agency Board and Mayor and City CO~s~ Dick Hudson, AICPQif Senior Planner Michael W. Rum;fl U0 Director of Planning and Zoning June 27, 2005 Heritage Club @ Boynton Beach LUAR 05-005 Amend the Future Land Use designation from Local Retail Commercial to Special High Density Residential and rezone the property from C-3 Community Commercial to PUD Planned Unit Development Property Owner: Applicant/Agent: Location: Parcel Size: Existing Land Use: Existing Zoning: Proposed Land Use: Proposed Zoning: Proposed Use: PROJECT DESCRIPTION Thirty Six Hundred Holdings, LLC New Century Companies, LLC and Thirty Six Hundred Holdings, LLC / Weiner & Aronson, P.A. Northwest corner of the intersection of Federal Highway and Gulfstream Boulevard (Exhibit "Aft) :t8.302 acres Local Retail Commercial C-3 Community Commercial Special High Density Residential PUD Planned Unit Development Mixed use project containing 19,538 sq. ft. of commercial (office, retail and restaurant) and 166 multi-family residential units 8621 Page 2 File Number: LUAR 05-005 Heritage Club @ Boynton Beach Adjacent Uses: North: Developed property (self-service storage) designated Local Retail Commercial and zoned C-3 Community Commercial South: Developed outparcel (adult entertainment) designated Local Retail Commercial and zoned C-3 Community Commercial, then the right-of-way of Gulfstream Boulevard, then developed commercial (fast-food and office building) designated Local Retail Commercial and zoned C-3 Community Commercial East: Right-of-way of Federal Highway then undeveloped property in the Town of Gulfstream designated Recreation and zoned OR Outdoor Recreation West: Rights-of-way of Old Dixie Highway and the Florida East Coast Railroad, then vacant property in Palm Beach County designated MR-5 (5 dujac) and zoned RS-Single-family Residential EXECUTIVE SUMMARY Staff recommends approval of the requested land use amendment and rezoning for the following reasons: 1. The proposed land use amendment and rezoning are consistent with applicable Comprehensive Plan policies; as well as meeting the review criteria, required by the Land Development Regulations for land use amendments and rezonings; 2. The project will replace an antiquated and declining strip commercial center with a mixed-use project that will be both an aesthetic and fiscal improvement at the City's southern "gateway"; 3. The project's location on Federal Highway supports the "Eastward Ho" initiative, which emphasizes redevelopment of the coastal areas where infrastructure is in place, as opposed to encouraging development in patterns of sprawl to the west; and, 4. The project proposes a sizeable number of residential units in a variety of sizes and styles, with a commercial portion designed to provide a year-round customer and employment base, which supports the revitalization of the downtown. PROJECT ANALYSIS The parcels, which are the subject of this land use amendment, total :t8.302 acres. Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a "small scale" amendment. A "small-scale" amendment is adopted prior to forwarding to the Florida Department of Community Affairs and is not reviewed for compliance with the state, regional and local comprehensive plans prior to adoption. 8622 Page 3 File Number: lUAR 05-005 Heritage Club @ Boynton Beach MASTER PLAN/SITE PLAN PUD regulations require the concurrent approval of a project master plan with the rezoning. In this case, the Site Plan is to serve as the master plan. The Site plan will be discussed in detail during the Site Plan approval process; however, a brief overview is presented here. The proposed site plan divides the property into two distinct areas, both in function and in architectural design. The commercial uses are placed on the ground floors of two four-story structures along the Federal Highway frontage and include 9,494 square feet of retail space, 6,544 square feet of office space and a restaurant containing 3,500 square feet of space. Condominium residential uses occupy the upper floors. To the west of the mixed use building on the north is a residential building, also containing 4 stories. This building and the mixed use building fronting on Federal Highway contain a total of 84 residential units. The south mixed use building has 12 residential units on the upper floors. A five-unit townhouse structure, three stories in height, is west of the south mixed use building. The two mixed use structures are separated by a "main street" that forms an entry into the property from Federal Highway and connects with the townhouse uses on the western portion of the site. The north buildings enclose a 4-level parking structure, two outdoor recreation areas and a one-story clubhouse/activity area. The south commercial building and the adjacent townhouses enclose a 2-level parking structure. Broad sidewalks and landscaped plazas along Federal Highway create pedestrian-friendly areas. West of the mixed-use structures, 65 three-story, fee-simple townhouses are proposed, with 10 fronting on Gulfstream Boulevard and 17 fronting on Old Dixie Highway. The remaining 38 units are internal to the project. A swimming pool and clubhouse are provided for use by the townhouse occupants. In addition to the access to the townhouse area provided from the "main street", a secondary access is provided on Gulfstream Boulevard and a one-way service road is provided from Federal Highway to Old Dixie Highway at the north of the property. The mixed use buildings and their adjacent residential structures are designed in a "post- modern" architectural style, while the townhouses are "traditional" in design. In using different architectural styles, the developers have created two distinct areas for the development, with the more vibrant and urbane mixed use portion along Federal Highway and a quieter residential portion along Gulfstream Boulevard and Old Dixie Highway. Consistent with the requirements of staff, the applicant has provided an additional 20 feet of right-of-way along Old Dixie Highway and will be providing off-site improvements along Old Dixie Highway and Gulfstream Boulevard, which include on-street parking, drainage improvements and sidewalks. Sidewalks fronting the mixed use portion along Federal Highway will be widened to form pedestrian-friendly plazas. REVIEW The criteria used to review Comprehensive Plan amendments and rezonings are listed in the land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future land Use Map. 8623 Page 4 File Number: LUAR 05-005 Heritage Club @ Boynton Beach a. Whether the proposed rezoning would be consistent with applicable comprehensive plan policies including but not limited to, a prohibition against any increase in dwelling unit density exceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning Division and the City's risk manager. The planning department shall also recommend limitations or requirements, which would have to be imposed on subsequent development of the property, in order to comply with policies contained in the comprehensive plan. The property is not located within the hurricane evacuation zone, therefore review and approval by the Palm Beach County Emergency Planning Division is not required. Other policies and directions contained in the City's Comprehensive Plan and other pertinent plans are discussed below. Objective 1.15 of the Future Land Use Element states: "The City shall encourage planned development projects which are sensitive to characteristics of the site and to surrounding land uses, and mixed-use projects in locations which are appropriate, and utilize other innovative methods of regulating land development. /I While the attendant policies have not been updated to fully address some of the more recent and innovative additions to the Land Development Regulations, the intent of this objective is clear. Policy 1.13.4 affirms the City's determination to discourage urban sprawl and to encourage mixed use projects. Section "B" of that policy states: "Demonstrate, in all future development and redevelopment in the City, land use patterns that are non-strip in nature and demonstrate the ability to attract and encourage a functional mix of uses. /I The proposed project is located in Planning Area V, as defined in the "Federal Highway Corridor Community Redevelopment Plan", and the requested land use amendment is for the Special High Density Residential designation. Policy 1.16.1 of the Land Use Element reads, in part: "Special High Density Residential: This land use category shall consist of redevelopment and infill residential areas assigned to this land use category in the portion of the designated Community Redevelopment Area identified as Planning Area I and Planning Area V in the "Federal Highway Corridor Community Redevelopment Plan'~ adopted on May 15, 2001. The uses allowed in this land use category shall be limited to, but shall not necessanlY include, the following: Residential uses with a gross density of not more than 20.0 dwelling units per acre. .. Office and retail commercial uses may be considered if clearly accessory and subordinate to residential uses, occupying not more than ten 8624 Page 5 File Number: LUAR 05-005 Heritage Club @ Boynton Beach percent of the area of a planned unit development. A Floor Area Ratio (FAR) up to 0.20 may be considered for non-residential uses. " The proposed project is consistent with the cited definition. Additionally, the project will replace an antiquated and declining strip commercial center with a mixed-use project that will be both an aesthetic and fiscal improvement at the City's southern "gateway". b. Whether the proposed rezoning would be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby districts, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. The proposed rezoning would not create an isolated district, but would relate to the adjacent commercially designated lands to the south of Gateway Boulevard along Federal Highway. While the property immediately west of the property across the Old Dixie Highway and FEC rights-of-way is presently vacant and lies within unincorporated Palm Beach County, there are directions for future development of this site for residential use upon its annexation into the City. The residential portion of the proposed development will form a transition to this property and the residential neighborhood farther to the west. Additionally, it will not constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. c. Whether changed or changing conditions make the proposed rezoning desirable. Over time, the existing and obsolete shopping center has been in a state of decline accompanied by an influx of marginal and undesirable commercial uses mingling with some few desirable and long-time commercial uses. The proposed mixed use project will serve to revitalize the southern "gateway" to the City. The project proposes 166 residential units in a variety of sizes and styles, while the commercial portion is designed to provide a year-round customer and employment base. The planned efficient use of the space will replace a large, mostly vacant parking and sparse landscaping with a desirable project that engages the surrounding streets. d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. Impact analyses provided by the applicant state that current water use is estimated at 34,000 gallons per day. The City's Water Utilities Department anticipates the water demand of the proposed development would be 71,380 gallons per day; an increase of 37,380 gallons per day.. Projected sewer capacity demand would be 32,121 gallons per day. According to the traffic analysis provided by the applicant, the maximum commercial intensity under the existing land use would generate 5,817 trips per day. With the proposed redevelopment, the trip generation drops to 4,175 external trips per day, for a reduction of 1,642 trips per day. With respect to solid waste, the Palm Beach County Solid Waste Authority has stated that adequate capacity exists to accommodate the county's municipalities throughout the 10-year planning period. The School District of Palm Beach County has reviewed the 8625 Page 6 File Number: LUAR OS-DOS Heritage Club @ Boynton Beach application and has determined that adequate capacity exists to accommodate the resident population. The City's Fire and Life Safety Division has stated that the Fire Department expects to be able to maintain an adequate level of service for the subject project with current or anticipated staffing. Lastly, drainage will also be reviewed in detail as part of the site plan approval process, and must satisfy all requirements of the city and local drainage permitting authorities. e. Whether the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. As discussed above, the proposed development would relate to the adjacent commercially designated lands to the south of Gateway Boulevard along Federal Highway. While the property immediately west of the property across the Old Dixie Highway and FEC rights-of-way is presently vacant and lies within unincorporated Palm Beach County, the "Problems and Opportunities" section of the Future Land Use Support Documents contains directions for future development of this site for residential use upon its annexation into the City. The residential portion of the proposed development will form a transition to this property and the residential neighborhood farther to the west. f. Whether the property is physically and economically developable under the existing zoning. The property is currently developed; however, as the existing shopping center is in a state of economic and physical decline, the City will be better served with the proposed redevelopment of the property. g. Whether the proposed rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. The property is less than 10 acres in size, but has frontages on Federal Highway, Gateway Boulevard and Old Dixie Highway. The aesthetic quality of the proposed redevelopment project will greatly improve the aesthetic quality of this portion of the Federal Highway corridor, which is a major gateway into the City. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. There are only two other sites currently existing within the City where a similar project could be considered without land assemblage; both sites are currently developed with successful commercial centers. Redevelopment of these sites would not have the impact on the image of the City that redevelopment of the subject site will have, since neither of them are located in such proximity to the "gateways" to Boynton Beach. CONCLUSIONS I RECOMMENDATIONS As indicated herein, this request is consistent with relevant policies contained in the Comprehensive Plan and the Federal Highway Corridor Redevelopment Plan; will not create 8626 Page 7 File Number: LUAR 05-005 Heritage Club @ Boynton Beach additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staff recommends that the subject request be approved. If the Community Redevelopment Agency Board or the City Commission recommends conditions, they will be included as Exhibit "B". ATTACHMENTS S:\Planning\SHARED\WP\PROJECTS\Heritage Club @ Boynton Beach\LUAR OS.OOS\STAFF REPORT LUAR OS-OOS.doc 8627 LOCATION MAP Heritage Club @ Boynton Beach LUAR 05-005 Exhibit A u ~ III .. E :J b U oJ c( z E a= c( 200 100 o 200 Feet N A 8628 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 05-117 STAFF REPORT TO: Chair and Members Community Redevelopment Agency and City Commission FROM: Michael Rumpf Planning and Zoning Director Eric Lee Johnson, AICP ~,'_. Planner 0 July 6, 2005 . THRU: DATE: PROJECT NAME/NO: Heritage Club / NWSP 05-014 REQUEST: New Site Plan PROJECT DESCRIPTION Property Owner: Thirty Six Hundred Holdings, LLC Applicant: New Century Companies, LLC and Thirty Six Hundred Holdings, LLC Agent: Mr. Michael Weiner, Esquire / Weiner & Aronson, P.A. Location: Northwest corner of the intersection of Federal Highway and Gulfstream Boulevard (Exhibit "A") Existing Land Use: Local Retail Commercial (LRC) Existing Zoning: Community Commercial (C-3) Proposed Land Use: Special High Density Residential Proposed Zoning: PUD Planned Unit Development Proposed Uses: Office: Retail: Restaurant: Residential: 6,544 square feet 9,494 square feet 3,500 square feet 70 townhouse units 96 multi-family units Acreage: :t8.302 acres Adjacent Uses: North: Developed property (self-service storage) designated Local Retail Commercial and zoned C-3 Community Commercial; 8629 Staff Report - Heritage elub (NWSP 05-014) Memorandum No PZ 05-117 Page 2 South: Developed outparcel (adult entertainment) designated Local Retail Commercial and zoned C-3 Community Commercial, then the right-of-way of Gulfstream Boulevard, then developed commercial (fast-food and office building) designated Local Retail Commercial and zoned C-3 Community Commercial; East: Right-of-way of Federal Highway then undeveloped property in the Town of Gulfstream designated Recreation and zoned OR Outdoor Recreation; and West: Rights-of-way of Old Dixie Highway and the Florida East Coast Railroad, then vacant property in Palm Beach County designated MR-5 (5 du/ac) and zoned RS-Single-family Residential. PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject conditional use were mailed a notice of this request and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in accordance with Ordinance No. 04-007. BACKGROUND Proposal: Mr. Michael Weiner, agent for the property owner (Thirty Six Hundred Holdings, LLC) is requesting to develop a large scale, mixed-use project. The survey shows that the subject property is currently developed with a one (i)-story shopping center and related parking areas. The intent is to raze the existing shopping center and redevelop the site with 13 townhouse buildings and two (2) mixed-use buildings, including their interior parking garages. Approval of this project is contingent upon the approval of the accompanying request to amend the Future Land Use Map and rezone (LUAR 05-005) the property from Community Commercial (C-3) to Planned Unit Development (PUD). It should be noted that the current PUD regulations permit neighborhood commercial uses within the residential development, but require that the areas designated for commercial activities not front on exterior or perimeter streets and preferably are located centrally within the project. Staff is proposing an amendment to the Land Development Regulations, Chapter 2.5 Planned Unit Development, Section 9.0. Commercial Standards, to allow for commercial uses in PUDs to front on exterior or perimeter streets, when such locations are consistent with adopted redevelopment policies and plans. Therefore, approval of this site plan is contingent upon the staff initiated request for code review (CDRV 05-011). Also, the PUD zoning district allows for a maximum height of 45 feet. The applicant submitted an accompanying request for height exception (HTEX 05-004) because as proposed, decorative features of the building would exceed the 45-foot height threshold (see Exhibit "C" - Conditions of Approval). 8630 Staff Report - Heritage elub (NWSP 05-014) Memorandum No PZ 05-117 Page 3 ANALYSIS Concurrency: Traffic: Generally, anticipated project traffic is generated by tvvo factors, namely the proposed use and its intensity. Intensity is typically measured by the proposed building area (in square feet). The project's traffic statement was reviewed and approved by the Palm Beach County Traffic Division. Based on the Traffic Division's review, it has been determined that the residential portion of the proposed mixed-use redevelopment project is located within the Coastal Residential Exception Areas of Palm Beach County, while the retail and office components generate less daily and peak hour trips than the existing retail space which is to be demolished. The project meets the Traffic Performance Standards of Palm Beach County, contingent upon the provision of a southbound exclusive right-turn lane on North Federal Highway leading to the project access driveway. No building permits are to be issued after the build-out date of 2008 (see Exhibit "C" - Conditions of Approval). Utilities: The purchase of up to 5 million gallons of potable water per day from Palm Beach County Utilities would supply potable water for this project (projected to a total of 83,885 gallons per day). Local piping and infrastructure improvements may be required for the project, dependent upon the final project configuration and fire- flow demands. These local improvements would be the responsibility of the site developer and would be reviewed at the time of permitting. Sufficient sanitary sewer and wastewater treatment capacity is currently available to serve the project total of 44,225 gallons per day, subject to the applicant making a firm reservation of capacity, following approval of the site plan. Police/Fire: For the purposes of this study, a statistical analysis was completed to show the percentage of increase of police calls for service for the selected project area. A crime analysis for 2004 shows thatthere have been 9,814 calls for service for zone 5, which represents 14.4% of all calls for service. There are no other existing developments to use as a comparison for this assessment. It must be noted that this project is one of six (6) mixed-use projects planned for completion. An increase of 12% of total calls for service is projected from proposed citywide growth. The subject project would have a direct impact on providing an adequate level of public service to this area. The need for additional officers in Zone 5 is evident by the high percentage of calls for service that one officer is currently handling. Due to new development throughout the city, all city services will be affected. Service requirements for the police department will be impacted greatly and the demand for more police personnel and equipment will be needed to balance the increase in population. Fire staff reviewed the site plan and determined that current staffing levels would be sufficient to meet the expected demand for services. Infrastructure requirements such as hydrants and roadways would be addressed during the 8631 Staff Report - Heritage elub (NWSP 05-014) Memorandum No PZ 05-117 Page 4 permitting process (see Exhibit "C" - Conditions of Approval). Drainage: Conceptual drainage information was provided for the City's review. The Engineering Division is recommending that the review of specific drainage solutions be deferred until time of permit review (see Exhibit "C" - Conditions of Approval). School: Regarding school concurrency, the proposed project lies within Concurrency Service Areas (CSA) 19 and SAC 283. Based on the School District of Palm Beach County's adopted multiplier's for an average multi-family dwelling unit, the proposed development may generate 14 elementary school students, seven (7) middle school students, and 10 high school students. The School District determined that adequate capacity exists to accommodate the projected resident children. Driveways: The project can be characterized as "urban infill, mixed-use" development whereby front building setbacks are minimal and off-street parking is relegated to a subordinate role. The site plan shows that the development would be divided into two (2) distinct areas, namely, the townhouse portion and the mixed-use portion. The plans show that parking garages would provide for the majority of off-street parking spaces for the mixed-use portion. The garages are intentionally proposed as hidden structures located within the core of the project and virtually unseen from the major roadways. Likewise, the project is not proposing traditional driveways or surface parking lots like that of "suburban"-type of projects (where driveways connect to off-street parking located in front of the buildings). The site plan shows that vehicles would enter the site from three (3) points of entry. Utilizing the existing curb-cut, the main entrance is proposed on Federal Highway. This entrance would serve as the primary point of ingress for both the mixed-use portion and the townhouse portion of the development. Vehicles traveling southbound on Federal Highway would enter the site by utilizing the deceleration lane proposed on Federal Highway and drive within the 15-foot wide ingress lane. The egress lane would also be 15 feet wide and allow for right-turn (south) traffic movement. The driveway, drive aisles, and turning radius, internal to the development, would be improved to conform to current city engineering standards. An alternate entrance is also proposed along Federal Highway, at the northeast corner of the site. However, this entrance would only be used as a one (1)-way service drive for mixed-use Building 1. The drive aisle would connect to Old Dixie Highway. Although not dimensioned, when scaled, it appears as though the driveway opening would be 15 feet in width. The third point of ingress is proposed along Gulfstream Boulevard. This driveway opening would serve as the secondary point of ingress but proposed for only the townhouse portion of the site. It would be gated and no access would be permitted to the mixed-use areas. Although not dimensioned, when scaled, it appears as though the driveway opening would be 15 feet in width. Likewise, the egress lane would also be 15 feet in width. It would allow for right (west) and left (east) turn traffic movements onto Gulfstream Boulevard. 8632 Staff Report - Heritage elub (NWSP 05-014) Memorandum No PZ 05-117 Page 5 Parking Facility: Off-street parking proposed within the development must meet the requirements in Chapter 2, Section 11.H. of the Boynton Beach Land Development Regulations. The project proposes a mix of residential, retail, restaurant, and office uses. One- bedroom apartment units require one and one-half (1'12) parking spaces. Two bedroom apartment units require two (2) parking spaces. The project proposes 166 dwelling units (a mixture of one, two, and three bedrooms), requiring 330 parking spaces. Retail uses proposed within mixed-use projects require one (1) parking space per 200 square feet of gross leasable floor area. For this project, a total of 48 parking spaces would be required for the retail uses. Office uses require one (1) parking space per 300 square feet of gross floor area. The project proposes 6,544 square feet of office and therefore, would require 21 parking spaces. Restaurants require one (1) parking space per two and one-half (2-'12) seats but not less than one (1) parking space per 100 square feet of gross floor area. The site plan proposes 3,500 square feet and therefore, would require 35 parking spaces. In conclusion, under these standardized parking methodologies, a total of 434 parking spaces would be required. In summary, the plan would provide 46 surface parking spaces, 235 parking garage spaces, and 140 townhouse garage spaces. The project would only provide a grand total of 421 parking spaces, a deficiency of 13 spaces. To comply, the applicant submitted a shared parking analysis which demonstrates that 413 parking spaces would be required, resulting in an excess of eight (8) spaces. Building 1 proposes a mix of residential, commercial, restaurant, and office uses, requiring 237 parking spaces. The parking garage internal to Building 1 would provide only 152 spaces. Fifteen surface spaces are also proposed near Building 1, which provides a total of 167 parking spaces but a deficit of 70 spaces. It should be noted that the residential portion of Building 1 would require 164 spaces. The intent is to restrict access to the garage to be used solely by the residents who reside within Building 1. The commercial users would park in the surplus spaces provided by Building 2. The townhouse portion of the development would be self-sufficient in terms of its required parking. The townhouses would require 145 spaces and would provide 155 spaces. This would be accomplished by providing 140 garage spaces and 15 on-street parking spaces. In addition to the off-street parking, the project is proposing 21 on-street parking spaces within the Old Dixie Highway and Gulfstream Boulevard rights-of-way. However, these spaces cannot contribute towards the number of provided parking spaces. According to the applicant, however, they will be unrestricted and open for public use. Landscaping: The cover sheet tabular data indicates that the proposed pervious areas would equal 3.112 acres or 37.52% of the site. The tree removal plan (sheet T-1) indicates the subject site currently contains 93 trees with a total of 955 caliper inches to mitigate. The existing tree species are as follows: Black Olive, Cabbage palm, Fish Tail palm, Mahogany, and several unknown trees. Eight (8) of the 93 trees would remain. The landscape plan proposes a 110% replacement of the caliper inches, with a total of 62 canopy trees, 185 small non-shade trees, 164 8633 Staff Report - Heritage elub (NWSP 05-014) Memorandum No PZ 05-117 Page 6 palm trees, 34 small palm trees, 7,013 shrubs, and 3,381 groundcover plants. According to the plant list, 226 of the 423 trees or 53% would be native. The landscape plan also proposes a total of 6,073 plants or 58% of the shrubs / hedges / accents would be native species. The plant material proposed along Federal Highway within the east landscape (east) buffer would consist of the following species: Ixora Nora Grant, Dwarf I1ex Holly, Golden Duranta, Redtip Cocoplum, Dwarf Bougainvillea shrub, Eugenia, Washingtonia palm, Zahidi Date palm, Tree Ligustrum, and Florida Royal palm. The Florida Royal palm trees would be 25 feet tall at the time of installation. Their height would help soften the upper stories of the four (4) story buildings. Ligustrum trees are proposed in between the Royal palm trees. These smaller trees are strategically placed to provide more of a human scale. Both trees would not interfere with overhead lines along Federal Highway. The south landscape buffer would be 10 feet in depth in areas where it abuts the out-parcel to the south. The existing mature Black Olives would remain and eight (8) Pigeon Plum trees are also proposed to help soften the two (2) story parking structure. A row of Redtip Cocoplum hedges are proposed (along the periphery of the subject property) adjacent to the sides of the out-parcel. A row of Pigeon plum trees are proposed along Gulfstream Boulevard within the fee-simple lot area of the three (3)-story townhouses. A row of Live Oak trees are proposed outside the fee- simple area and within both the right-of-way for Gulfstream Boulevard and Old Dixie Highway. In addition, the developer is proposing trees and shrubs at the northwest corner of Federal Highway and Gulfstream Boulevard, which would serve as a grand entrance into the City. Staff fully supports the installation of the trees and shrubs within the rights-of-way. However, all plant material proposed outside the property line must be excluded from the plant list in terms of meeting the minimum required landscape requirement (see Exhibit "c" - Conditions of Approval). In the past, the Old Dixie Highway corridor was not improved to current City standards. Therefore, the developer will be required to set aside the western 20 feet of the subject property for right-of-way purposes. As proposed, the townhouse buildings along Old Dixie Highway would be setback 20 feet from the sidewalk interior. The interior of the sidewalk would demarcate between private and public ownership. This 20-foot wide setback area would also function as the western landscape buffer. A black aluminum rail fence (42 inches in height) is proposed within the buffer area. It would be setback approximately six (6) feet from the back of the sidewalk. Additionally, either Pigeon Plum trees or Live Oak trees, in conjunction with various shrubs / groundcover (Purple Crinum Lily, Dwarf Indian Hawthorne, and Tricolor Sheffiera) is also proposed within this 20 foot wide buffer, within the limits of the fee-simple area of the townhouses. It should be noted that the choice of canopy trees, proposed within the northern half of this west landscape buffer, is limited due to the presence of overhead power lines that currently run parallel to Old Dixie Highway. There are no overhead power lines present within the southern half of the west landscape buffer and therefore, Live Oak (street) trees may be planted there. 8634 Staff Report - Heritage elub (NWSP 05-014) Memorandum No PZ 05-117 Page 7 The north landscape buffer would be four (4) feet in width at its narrowest point and 12 feet wide at its widest point. It would contain a mix of trees, shrubs, and groundcover (Silver Buttonwood, Yellow Elder, Redtip Cocoplum, and Wild Coffee). A one (l)-way drive aisle would run parallel to this landscape buffer. The interior of the site would contain a substantial amount of plant material. Staff focused on the location and height of the proposed trees, especially in areas where the parking structures are proposed. The landscape plan shows that the planting strip along the north fal,;ade of Building 1 would be approximately 12 wide. The landscape plan proposes a row of Cabbage palm (installed at 16 feet to 23 feet of clear trunk), Fishtail palm (12 feet to 14 feet in height), and Ligustrum (10 feet). These trees would help to provide an upper level and lower level canopy. In addition, the northeast, northwest, and southwest corners of Building 1 would have clusters of Washingtonia palm trees installed at 18 feet to 24 feet in height. The front (south) fal,;ade of Building 1 would have a row of Solitaire palm trees installed at 18 feet to 22 feet in height. Building 2 is also proposed as a four (4)-story building but mainly along Federal Highway. The interior parking garage would only be two (2)-stories tall. The landscape plan proposes a row of Pigeon Plum trees along the north fal,;ade of Building 2. Staff recommends substituting the Pigeon Plum trees, proposed at the main access drive with Royal palm trees (see Exhibit "C" - Conditions of Approval). Building and Site: The site plan proposes a mix of residential and commercial uses. The commercial square footage would total 3.52% of the entire site. Building and site design as proposed would generally meet code requirements when staff comments are incorporated into the permit drawings. The maximum allowed density of the SHDR land use category would be 20 dwelling units per acre. The proposed project density would be 20 dwelling units per acre. As previously mentioned, the existing commercial buildings would be replaced with the proposed four (4)-story mixed-use buildings and three (3)-story townhouse buildings. The depth of the parcel extends westward from Federal Highway to Old Dixie Highway, excluding the lone out- parcel where the adult entertainment establishment is located. As such, the subject property fronts on three (3) rights-of-way. The taller, four (4)-story, mixed-use buildings would front on Federal Highway whereas the three (3)-story townhouse buildings would face Old Dixie Highway and Gulfstream Boulevard. The mixed-use buildings would contain an internal parking garage. All buildings are oriented so that they "face" the street, a characteristic fully endorsed by staff. The PUD zoning district allows for a maximum height of 45 feet. The elevations of Building 1 and Building 2 show that portions of their roofline would exceed the maximum allowed height. However, these appurtenances are decorative architectural elements and / or inhabitable spaces, and would be considered eligible for height exception. The applicant requested a height exception of 15 feet. The review of the height exception is discussed in an accompanying staff report (HTEX 05-004). The height, as defined by the Land Development Regulations of Building 1 and 2 would be 41 feet. Their parapet walls are proposed at 46 feet in height, which is permitted by the Regulations. Generally, the three (3)-story townhouses are proposed at 35 feet - nine (9) inches in height. 8635 Staff Report - Heritage elub (NWSP 05-014) Memorandum No PZ 05-117 Page 8 However, the townhouse building proposed directly west of Building 2 would be 31 feet - six (6) inches in height. The building was designed with a different roofline in order to achieve greater compatibility with Building 2 in terms of its style, mass, and height. In summary, all proposed buildings meet code as it relates to maximum building height. All buildings are proposed within close proximity of the property lines (that front on rights-of-way) in order to create a more urban environment, consistent with recommendations of the Federal Highway Corridor Redevelopment Plan. The east setback along Federal Highway would vary slightly but maintain at least a 20-foot front setback. This is to maintain a clear line-of-site and to accommodate a deceleration lane along Federal Highway. The south side setback of Building 2, where it abuts the outparcel, would be 10 feet in width. The townhouse buildings proposed along Gulfstream Boulevard would have a setback 15 feet in width. The closest a townhouse building would be from the property line where it abuts the commercial outparcel would be 20 feet. As previously mentioned, the townhouses proposed along Old Dixie Highway would be 20 feet from the interior of the sidewalk. It should be noted that there are a few places along the west property line that are notched inward. As such, the proposed building setbacks would be reduced. The greatest building setbacks occur along the north property line. Building 1 would be 32 feet- four (4) inches at minimum while the closest townhouse would be 50 feet away from the north property line. This is due to the location of the existing one (l)-way drive aisle. The proposed building composition would be as follows: Residential - 282,271 square feet; Retail- 9,494 square feet; Office - 6,544 square feet; and Restaurant - 3,500 square feet. The plans show that the commercial areas of the mixed-use buildings would occur on the first and second floors only. The condominium units would occur on all floors. According to the tabular data, the one (l)-bedroom and two (2)-bedroom units are proposed in the mixed-use buildings would come in a variety of sizes. The smallest one (l)-bedroom unit would be 790 square feet (under A/C) and the largest three (3)-bedroom unit would be 1,725 square feet in area. Design: The proposed development is generally divided into two (2) distinct halves. The eastern half would be comprised on the mixed-use buildings and the western half would be comprised on the townhouse buildings. The proposed architecture could be described as contemporary for the mixed-use buildings and traditional for the three (3)-story townhouse buildings. Both styles, as proposed, transition well and are compatible with each other. Also noteworthy is that the project parking would be virtually hidden from all views and is considered to be a subordinate, unobtrusive element of the plan. Vehicular traffic is contained within the internal framework of the project. The parking garage would be enclosed but would have decorative openings compliant with Florida Building Code. These openings would resemble large windows. The elevations show that the exterior finish of the walls would be textured stucco. The applicant is proposing a variety of colors schemes as shown in tabular format 8636 Staff Report - Heritage elub (NWSP 05-014) Memorandum No PZ 05-117 Page 9 on sheet A-28. The project's proposed building colors are as follows: White Peach Light Yellow Yellow Light Gray Beige Light Green Light Blue Charleston White Drawing Room Black House Yellow Lowcountry Spoon bread Aunt Bety's China Aiken Ivory Acanthus st. Cecilia OCR 100 OCR 035 OCR 008 OCR 014 OCR 101 OCR 002 OCR 084 OCR 069 The project also proposes hunter green canvas awnings on the mixed-use buildings. The intent is to have all buildings (both mixed-use and townhouses) with multiple colors. A general intent of Chapter 9 (Community Design Plan) is to ensure that buildings achieve visual unity of character and design concepts, in part, through the use of building colors. However, there are no established noteworthy building colors or architectural themes within the immediate area with which this project should be compatible. Therefore, the proposed colors for this site plan would not be inappropriate, incompatible, or obtrusive. The mixed-use buildings would have a unique roofline with Monier concrete tiles (grey) and multiple-styled decorative towers. The decorative towers would come in two (2) styles. As previously mentioned, this theme would be carried over to the townhouse building proposed directly west of Building 2. Signage: Minimal project detail regarding proposed signage was shown with this submittal. In the future, the applicant intends to submit a sign program but for now, the signage would consist of 18-inch tall black reverse channel letters with Helvetica font for the mixed-use buildings. A note on the elevations of Buildings 1 and 2 indicates that the entire project will follow similar signage with similar fonts and colors. As presented however, the elevations are incomplete when referring to project signage. Therefore, staff recommends utilizing a sign program for the entire project to ensure sustained continuity throughout the life of the project (see Exhibit "c" - Conditions of Approval). All project signage shall conform to the regulations as set forth in Chapter 9 (Community Design Plan) and Chapter 21 of the Land Development Regulations. The site plan shows the location of the two (2) monument signs. The sign, located along Federal Highway, would be primarily for the mixed-use portion of the development while the other sign, located along Gulfstream Boulevard, would be used to identify the townhouse portion of the development. Both structures would be located at least 10 feet from the property line. The commercial sign would be generally five (5) feet in height with a decorative portion of it, proposed at eight (8) feet in height. The residential sign would be five (5) feet in height its peak. Both sign's colors would be compatible with the building colors but again, a more thorough investigation would occur at the time when the sign program is reviewed. 8637 Staff Report - Heritage elub (NWSP 05-014) Memorandum No PZ 05-117 Page 10 RECOMMENDATION: Staff has reviewed this request and recommends approval, contingent upon the approval of the concurrent rezoning application, height exception request, and all items noted within Exhibit "C" - Conditions of Approval. Prior to Community Redevelopment Agency Board review, the applicant shall satisfactorily address building division issues including but not limited to the comments pertaining to the interior parking structures, percentage of wall openings, and type of construction. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S:IPlanningISHAREOIWPIPROJECTSIHeritage Club @ Boynton Beach\NWSP 05-0141Staff Report.doc 8638 LOCATION MAP Heritage Club @ Boynton Beach CJ IU k. III .... E :::; b U 8639 200 100 o ...I ~ ~ Cl a: ~ 200 Feet Exhibit A N A EXHIBIT B I, '1 -----\;- ~'-'~~ ~~ F nt - "- l~ '\ c, c -) ~- {~Lb~ '~ I~~ ~ I'~ L, ;::'JlJ ~ ~-~ L Vo o c r M ~ ^' '1S~" -, :f ';:.,',' ,~I,,~, kl I i7t &1 - HHW! i ~!i~iit~ !' j >1 H ;~ r!!l II1W ;-; :r:. ~ ~ ~ ~: ~ ""o~_ .~"" . , :~8il~ ~lm W~ ~~~ I ~rJ' ~!~~~~ ~~!~~ i!~! ii~ - .~~:~~ ~ of fl~~ ~H . ~~s~~ ~ S~, ii~~ ~c -- ~~~~ ~ p s~, ~~ hi ,."t i,' ~~j ," tl ,~Hl I \~ .,' i; - ~!II ~ "l c' ~ .., ~ ~ilif(~f "I II:!I "tMS/\ ~~=K L' ". , . :~:~~"...., HERITAGE CLUB ARCHITECTS ~;.::., ""'~to~ Beach ARCHITECTURE & PLANNING New Century Companies ~:~:~~:.s:~.:::~,.::?-:~:::~~~.',::-",:,.=:'-::-::: ':;.."of.::'..="~.:'~~~;:::;~'::" "".-:~';I..o<:::,,,~ .c.;:=;~::'~Z-<' .-'-::::::: --- , 8640 fl! iji '~~ ~t~ ~I~ L v ~ ~ f~ .""IOr", ~ :3;~I''';~ c~ " I 'h ~ rMl i~i' '[---=;-; Jl@ I" ~r ~~!~i~ en K~~ 1-1, E~ ~ I ~maS~ ~ 20. 1m, aU IZ' ~. i,m WQ~~~p> un in I:t> I .~ alo ~~ .~ l';l , R 'Z\ ~~ ~~. Q gS Iz ~ "~r 2il :-1: r ~-~ ~Jmh 0 nl'J ~ ~ ~ i9~ -~ ~~ rri ~-! /) (J) : n d! .~~en [Q] JL . ~ t ::g: ~ ~ ~ i~ ~~l ~. i ~ Q,~ l'J g;~ ~ In: l'J i 5 q' ~~~ it.; f 'm' ~ ' ~ L...,-" ~ i ~ i ~I ll. ~ ~ ...._ '_'.c!:' '.-0:. t_.',..:._ ".~I ~, ~ l\ ~, i ~, !I~ 1 ;~ J~ ~ ~~ t~ '1 ' '. . '.. '\ Y __ ___"4 _ "". __} ~ t~ '.~ i ~ EXHIBIT B ~~---"'~ !tl!'~: Ii ""'-~l~;'~ !.~ tll ~l ;11 ~~ t ~ JI~ l -.... ---~~- --....': .~,i ~ e ~ "'I ~ "tMSI\ !E';'::::~". HERITAGE CLUB ARCHITECTS ~-...::;-. Boynto~Beach ~;::;~~~_~~~;:~~~~ =_~-=.,--.o-=_-=--=-~- _ .:.~=. ~~~ C<nhMy wmpon~s ~ 11 8641 :'1 ~ ~ Ji@ nu~ d UI'Cl I' [Q) ~ 0 t"J I ~ I liji i {~~ ~t~ -- I~!"~ : @ ~: , a ~ iJ_ EXHIBIT B ' :f ~~ 5~'~ t'll . lf~', It \, :11 fl .j, . ~ ,Ii i . _~ ~ ~-~ :I~ 11~ $~'^1. l\ ",- .. -' '.~ ~ ! )> 't' 2 \ o ~ _ 'rr'lT'l~ >---.- ~~.' '.. ~~ ,..---..;J ~ i ~ .1' I ~ D u~ [Q) o o 0 1iV o (i0) I ~t~ ~~ ~! l ~ "tMSI\ ' ~,':'~"K ARCHITECTS ~~::",," HERITA~E CLUB ] ARCHITECTURE & PLANNING BOyn,o::. Beach ;,_ ::::::::--==-.~:,_~~~-=.'"=""O ~,,_.,.,"'"'--,;;"'"...::;"""_==_ _-;~ ''''''. : Century 0.""""",,, _..~__ 8642 ~ ijl mill L v g ~& ~ u @ EXHIBIT B . ~I nn 2'1 'CJ n [QJ "" "'l a f ~ f ~ ~ ;; ~ ~ j ~r; -'''''.-- ~tl! =~; --"'" ~1~ il l ~ l ~Ij ;Ij .i~ 'I~ 1-_- _._,.-_~__~~j ~! I ~t~ . \ 1. .. . , ! / Nt MSI\ --- "","""",.... HERJTAGE CLUB ) I ARCHITECTS ~';:.:,:,:;-' Boynton Beach '" ARCHITECTURE & PLANNING New Century Companies ....-.- 0 _ _ -."...cq. '""'. ,.. _...._....... _ ...... __ "......." ,_ _ ___ ~ - ._ .:r:..~ .. - .. ....... .... ,- .. ,,- -"'''-', ,.... -- 'w ,__..,,_"":':1........1- .'...... .. -- . ..--....---.-. _... , 8643 EXHIBIT B ! fi ' I {~ ! 'il 1 : t~~1, "~)-~'-r''': -~~~l'~ ~ ~ t~ I l~ ;ji ,~ ~; ~j n ~~ l---_ ~.____""_,_ __~'l ~ ~i .~ ~ ~ lMJ ~ , UTI t::!l ~ n [Q) ,"J tV II nn~ d ~ n [Q)~ 0 tV r------- t, ... ~\ . .'~t '''-~+i ,Ill ,j "!~ ~1~ ~. ' ,;,~I ~ I "", 1,"'- 1,...,-' u-ll:r~ '.. ~!)l I} ~ ~ ~ 'J T-\?--"- {~ ~I\. ~:.., ~~ ~ ~ , --------- lMJ51 ~~ UTI d ~ n [Q) t<'J tV 0 I ~1 '1 ~ ~l ~~{ !~ ~ ~ ~ ~II: ~rr~ ~ "1'1 I F -~'1 \ !,f, ..1',..,11",",. r.,-~,i',!l ~ ~ Il, . 1[- _ _~~~ c -- '. ~l~ ~~:l ~ ['- "",~ <S ~~ , , ~ 1'1 '" r-:T og 1-1, o 1m, [ ,z: ')>, 'z, '-I' ;i , ( ,00: { :;g: ~ ,n: ~ L~ ~ {~ '.'l ". i!]~ Jt~ ~~~~~- - <: '!~ '. : ~ m" W ~"~a. en t~ d f~haS~ ~~ h~m~~I~ ~~ .~. *~Uz ~o q ~th~s 1I~ lig~ i~ ~~~ m ~ ~ ~ ~~ ~i~ en ~ p d h~ i s ~ ~. ~~~ .. ~~ '! ~ ~ i ~ iiS rt< "tMSI\ ~~:::::l- HERITA<jECLlfO.... J ARCHI1ECTS c-;,,;,:,:: ' Bo)U"':'" B=h ARCHITECTURE & PLANNING New Century Companll~s I <x..........,,,, CI ..., _ _....CT1.-""" ..... "",~,_"""" _ ...... _,.. _...... '.. _ _/~ .. .......' -~- __...._._m"'_ I ._...__.._.........____.~~, ____..__......_':t_ ...........'-_...._._ :.t -----..--..-..-- i I " ;: L" ~ 8644 ~. ~t~ ~ u:0~ ~~ ~ ~~I~ ~I;;I'I' ~ .~ nn;J ~ 10l n @ \'!l ~ 0 '.j'.' ".Tu- ;-~-~~~!."':_-j-l~~~;~I~ ~ " .. ;~ :0' I c, r ~ ,~!~ ,.~ -=----=~ , t> 0 G Z ~ Z~~T~ D " ~ m .. f r~ ~ ffi ~ ~ ~ R ~ 0 ~ ~ ~ z ~ ;' tJ ~ ~ ~ m .m r- ;;: g t ~ ~ Q ~ n n J: n8:~ ~ ~ CJ () (J1 ~ ;; ", (II "Xl t> Z ;:0 ~ ~ ~ ~ ~ 0 ~ -< m IT' ] .~ 1: 11 lJ' t> ~ ~ g :: ~ ~~~~= ) ~ g ~ ~ ~ r -( m 0 (;\ C) ~ m ~ " ~~~~€ ;{I IJI < \"1 Z ~ fn ~ ~ I 3. (f\ ~ o . .... ~""..... . .." "~>..... 1(, -~~~ .. .. ~~'. ~ .. .~ . .:''''-. ~...........<..",~: . ;; ~.~ S~4"r[;o ~..~..~ .. ~ .,' /-', ~,~~ c'... " ~~ .. '" ~"" .'. /"'> - ii , ~~~."""~""""'" , 0._.... ' , : ; i _~.;::,':. '< ,""", "";." <:::::::::.' "j. .....>.. - I ' ...> n q " ~ t f ~ n I I~~ ~ I) r ='I 8221 B -=~. ~~~, ~II"~ ~~~ ~ uo,<~ ~..' i 8646 Plan h Overall LandSBe ynton Beac H 'tage Club at com~anw, erl New Cenlury h Fland, Boynton Eeac, _~ el~ :I~ :CI '1= ,. S; ,. '" ~ <' >- -< o z 1 ! I !, II; I" ii' ~ , co " C ~ 6 .z ;CI <l; == ~ ,. o z -< '" ~ ~ -< I EXHIBIT B '" (r H II ~! \ \ m j \ " \ i1e !)!!UI i'l li1li!JI' \ 1~! ' . ii, . , ":16' il H i "JI fi !j ! i' . lil,1i In -r;il!i;j ! I I - I m o E~ 6 il 'fi jl" I !jI E(l! .~ ~ Jill ,I I. il- 1 I r' II :1' :1 lei; i, ul i'i;!!;~ ,I! "1 I" 'I: I' i' , 'lE I'i' · in -ill ;1 i \ ~d=; :i:l + ~ co / r _ c " c ;;j 6 ~ 6 ,z ;I~ ~C"l ~ - V> ~ I~ m m ,... ~ <' II /' >- >- .... .... 0 0 -, z z I I ~ m I '\ \ ':'! m~; I!! I: n I ~i! 1 H /I m jl aiii -I Ii m Ilia ;:~ ll. is ~~ , -, I~. Ii '5~, i' ji 1:/, , . .' I~, I ~~ . ! 1/ ! , . I ~! .m ~ , . ! d I ""...... c0 II () ~ S ~ ,i..1I . l; , "iei I ~~~~ . ~ I 8647 i:i~1 i~~:: I. ~ n . , ."1' HERITAGE CLUB I ill! HJ""'O i :11-1 ~ r , i ~ ml AT BOYNTON BEACH Il)(t), J < IIi' fi' N f ;1l !i1n Il.l !:!?ro Cl> ~ ~~ FOR NEW CENTURY COMPANIES ,II i i C1Q N 1 - 1!t~. BOYNTON BEACH, FLORIDA ::l =1, =/, II ,I, Ill., Ii il Ii SI =. ';1 +111 ~,i + ~l! / ~ '" . c ~ 6 : Z i " '::;1 ~ ~ I~ I~ ! I ! ,cD gli~ " CJ : z 'I" 0'1::;1 1= I~ 1< I~ I~ i I 4 II Ii: I I ! .' 4 ~ ii, i!: I ii' ii' ,i' i II ii ,I + + ~ +') / H , ''." " , Ii ~i \ j~! Ig ! I I I: II: i ~ '"' + ! i j ~!i;1 1~1 ili!"i I Ih I' ~'H. '11' !;.!!! I; in ii' ~Hjlii ~ / +: / <: v> ~ f ) ~"-, /~ P / i X II i \ i.. \\ '\' , 1iI:i1l m :ill jg "< -j! , :! I " "- Ii 'I :t> ~ "'-J ~ n r , ~ ~~ ~ "" ;:: ;: i! II ~! ItB !j~ , '" " c ~5 ,z , " e ::;I ~ !I, ,I: 1"1" 1+ iI Iii ;! H~ ~! "'ll" ~Il::' ,I, / -+ ,I li ,I i,: Ii :i; ~I )1 :1 ;>-/ -1>- / , '" " C ~ 5 ,z , " e :;! ~ <: 'TO '" o z -< '" ~ < )> -< (5 z l~l ,J, m ~' ,.J I i I ,-"J ." , , 1 ", I !! i H : ~! I I I I ,~ '" ~I , , / ----f---:/~~-~L .,-+ / diD l!l !il "11 lii !~! l!~ j~l Iii ! Ill;; 3 ~ ij IPII~I" ,o;.i' I! ""11, ! I:, 'II: ': .t~ S 'j p ~~ " I' I I' II. i ;1, 01, i~ I,HI' ! ~" I / 1> " il; ai .J, I :1, 1 <: ,m v> ~ ~ 5! )> -< (5 z i, !i Il ~! m "lE , ! , 'lI jg ! ~iW 8648 HERITAGE CLUB ;1:;[ A T BOYNTON BEACH ;ilt! rOR NEW CENTURY COMPANIES ~h!! BOYNTON BEACH, FLORIDA EXHIBIT B ~ , " ~! ill ~ i ;1 I ~:!l ! ~~!!' I' I !~ ~m ili! ~~;~~ ~ ~ I' gi ~~~ ~ :;: it j i! !:lj~~ 00' 11. I, ~~ i~ii ~ ! ;1 , F., u () > ;; ;; i ~ ,...h I; ,,"el . 11 ;;;;11 i~~:: I: Jill! Il'I' IH~!: illll ~O~ (1) ..... ~.(1) (JON ::J EXHIBIT B t .1 "I ~ I, ~ j ~ i', Ii 11 i , '" ~: C:I H ! c ~i~ ":/ ~ 6 :I~ i .z :Cl 'Cl 0, < 0, < m ." '" '" '> ~ 0 z '" .... ~ m / ~ <' .... <' Ig :> .... m <5 m z i I ~ m ~ m " ~ H ~, .. -, I -- m m "Ie : ~ .z :Cl 0, < V> ~ m ~ :> .... <5 z , GD m m rn~ rn\rn \ \ I! j~ I I,ll: i ~ i/" ~ ~ rn rn " .. -, b m \ , '" ! e ~6 'z : Cl 0, < V> a m m .... <' :> .... <5 z \ Ii i~ -, ~ ~ I ;', '~'! nn: Ii I !~ n .! Ijl! ~~l~' .j i !, iaa, ]' '''~ .,' ! ~ ;1 I~ .,' aI, I ~~ 1 l m. ~ ~ 11 ......<011 II " i! ,. ,;;.11 i ~ I; I ::::11 al I ;'1". ;:~~: I: I ill! ~O -c (pro.. Ilillii !!!.itl '1,'. 0'0 N II1II ::l i)!i l'ii I hl /II 111 I; j~ u j: I' 1\ \ \ \ \ ., I' _! j' I \ Ii :i~ !Ie !I; 1-'1' -+ ~ 'I " , j ~ ! ,; i:, i I' i; I :li H -+ t '- H ~, 11 I.; it' ~h g ~ / / Ii -, Ii " .. -, , ;~ . "'!' 8649 HERITAGE CLUB ~ I . :111 i ... 'I:i AT BOYNTON BEACH )> ~ ... ;il~ f .. I'\.:) n "' FOR NEw CENTURY COMPANIES 00 < ill. "- BOYNTON BEACH, FLORIDA " Ii i~ -, il Ii ~ : d 'I !' :!; !I al! ~ : 'I'! !!!~; Ii I I~ mm Uii ~~~~ ~1I a !: U f~~: ,., ,I, Ii 0'- 11. II :Ii:1 fiii ~ ! ;1 "rlI ~" ; II " i r ::LU [J l; I I '1112,,;0 " :;; ~ I ;~;;D ~~~~: i: '1'1 !l!!' I~ I I~ i~ US~ %;;!i !: f...~ ~ ~~~ .1 ~ Ii ,,~ S'i!i~ 0" 11. !I :Ii:1 f~fi ~ 1 '. "" , H Fm '" " n " ....n I ~ I; I I ..il., ~ ~! ! ;;;;Ii <'! 's , ~~~~;: h II, :Ii ,: :1 " ii, II~ :1: " .1 " ~~ 'I 4- ..;- .... II il Ti ~i~ ;iiO .z cO " x I; It- - iii / '-... ! Jli -L...-~~_--l.__._.+ "~ !W ill liJJl mll~I'i !, Iii! iji i,!'! ,~~~Idl- I! JII~ J~! ~,! l!'i'"lil, .1 1 .' 1 ! I! I ,! !I~l i:l!i~I,; 1,1, .! 'I:!! I!~il Ui:!i'h! ?!U !:!.;lllll. II '. I!! I'l ~l ! j;~ 13 ~ j "II' 11' 'hi :1 ';1 Ii! , '" il: I hi,: 'I'" , c I ,. Ii" ' i"I; ,I ' c ~ ~ " " Ii!'! 1 :1: jllil' ~!~ 'Z !' " 3. 01 ~ ;1 ~...E e,.B "Z ;0 ~/-' 'I~ " VI \ /.'.. X I~ IlP i x j '" VI H ~ ~ ~ < ~ :> -< ~ 6 < :> Z -< 6 -I z h '-... Q8 '; I! II !l "'"', III 11i .j :! " '-... II 11 , II r~ ::x> II , c..:> t~ N ! I ''-, '\ !~l ill !, Ji '. " il · ;w, 8650 HERITAGE CLUB mi AT BOYNTON BEACH !ill! 1!1~ FOR NEW CENTURY COMPANIES BOYNTON BEACH, FLORIDA EXHIBIT B ! -;t, ~I ,. '"j';l ::"' " II 'Ii ,I 'I! i~ I" 'J ~6 i'~ ~h ~, 1 1 I 1 I I I I I I -I : U : 11 ,:- _!! ~ / " +-~~~"'i-'_.~ !HI jU lIJil !1!;W!'i J"I -" 31," ,'!lil"I' I' 'I~ !>II -, i ", !'l ,~l !,~J !It.l!: ! j - j ., I "i II . ~H ~ 1 ~ "';j " if E is; -i6 ~Iz 'I:: x ~ '" ~ ~ < I~ I ! I II Ii !, 1'/ J! j:!"H ~- Ii 51 l !ljil 'l,'~ I'l- l'! . I 111 , _i ~ Hill!I" i',- ,'~w'l! I !~!~lH ~ '-IJl ~ ~ 0 :0 ]:_ =! ('0 \i,oIo. IIHr!~ ~ ~. ro III' I'. O'Q N I I ~ ::::l COA.doc 07/06/05 2 DEPARTMENTS INCLUDE REJECT permitting. 5. It may be necessary to replace or relocate large canopy trees adjacent to light fixtures to eliminate future shadowing on the parking surface (Chapter 23, Article II, Section A.l.B.). Further evaluation will occur at the time of permitting. 6. Paving, Drainage and Site details will not be reviewed for construction acceptability at this time. All engineering construction details shall be in accordance with the applicable City of Boynton Beach Standard Drawings and the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction permit application. UTILITIES Comments: 7. Palm Beach County Health Department permits will be required for the water and sewer systems serving this project (CODE, Section 26-12). 8. Fire flow calculations will be required demonstrating the City Code requirement of 1,500 g.p.ill. (500 g.p.m. some residential developments) with 20 p.s.i. residual pressure as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (CODE, Section 26-16(b )). 9. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid for this project either upon the request for the Department's signature on the Health Department application forms or within seven (7) days of site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. 10. Comprehensive Plan Policy 3.C.3.4. requires the conservation of potable water. As other sources are readily available City water shall not be allowed for irrigation. 11. A building permit for this project shall not be issued until this Department has approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 12. Show all off-site improvements to the existing water and sewer infrastructure as follows: a. The on-site lift station must be upgraded or replaced so as to accommodate the added demand and the constraints imposed by site changes. Existing gravity and pressure flows to the station must be accommodated in the design. 8652 EXHIBIT "C" Conditions of Approval Project name: Heritage Club @ Boynton Beach File number: NWSP 05-014 Reference: 3rd review plans identified as a New Site Plan with a June 14, 2005 Planning and Zoning Department date stamp marking DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: 1. The applicant has indicated that compactors will be used for the mixed-use buildings and will be brought out to central areas adjacent to the buildings for pickup. Please indicate the number and size of these containers so we can evaluate the required pad sizes and our ability to perform the pickup operation. PUBLIC WORKS - Traffic Comments: 2. Additional right-of-way shall be dedicated to the City, via plat, to provide a 50-f1. right-of-way width. Reconstruct Old Dixie Highway and Gulfstream Boulevard to provide two II-foot wide lanes, curb & gutter, sidewalk, appropriate green space with landscaping, and necessary signing / striping. Complete construction plans will be required in conjunction with the plat and will be reviewed and approved prior to issuance of the Land Development i Permit (LDP). Construction of the required improvements shall be completed pnor to Issuance of the final cas for the project as required by the Amendments to the Building Code, A surety shall be provided for the required off-site improvements in the amount of 110% of the engineer's I estimate for the off-site work prior to issuance of the LDP. I The applicant shall also provide design plans for reconstruction of the FECRR / Gulfstream Boulevard crossing, including roadway re-alignment, curb & gutter, concrete median dividers, striping, and signals. The applicant shall provide an engineer's estimate for the railroad crossing. The City will consider sharing the cost of construction of the FECRR crossing. The extent of cost share is subject to allocation of funds in the City budget for fiscal year 2006/2007. 3. At the time of permitting, delineate and stripe 12-foot x 35 foot loading zones for the retail buildings; include a pavement message in yellow indicating "No Parking - Loading Zone". ENGINEERING DIVISION Conunents: 4. Full drainage plans, including drainage calculations, in accordance with the LDR, Chapter 6, Article IV, Section 5 will be required at the time of 8651 COA.doc 07/06/05 3 DEP ARTMENTS INCLUDE REJECT b. The water system must be connected to the existing 8-in. water main located on the east side of Federal Highway. In addition, an 8-in. water main connection must be established from the l2-in. water main located on the west side of Seacrest Boulevard, to the existing 8-in. line that terminates on SE 34th Ave. in the vicinity of SE 3 rd Court; or an alternate route may be considered to establish an 8-in. water main connection to the l2-in. main on Seacrest Boulevard. The intent of the design is to establish an 8-in. loop from Federal Highway to Seacrest Blvd., thereby assuring adequate fire protection and domestic supply. 13. Utility construction details will not be reviewed for construction acceptability at this time. All utility construction details shall be in accordance with the Utilities Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates); they will be reviewed at the time of construction permit application. FIRE Comments: 14. All hydrants shall be in service before any vertical construction. Hydrant flow is a minimum 1500 gpm (ciJ 20psi. POLICE Comments: None BUILDING DIVISION Comments: 15. The height and area for buildings or structures of the different types of construction shall be governed by the intended use or occupancy of the building, and shall not exceed the limits set forth in Table 500 of the 2001 FBC. 16. Every exterior wall within 15 feet of a property line shall be equipped with I approved opening protectives per 2001 FBC, Section 705.1.1.2. 17. Buildings, structures and parts thereof shall be designed to withstand the minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of ASCE 7, Chapter 6, and the provisions of 2001 FBC, Section 1606 (Wind Loads). Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of permit application. 8653 COA.doc 07/06/05 4 DEP ARTMENTS 18. Every building and structure shall be of sufficient strength to support the loads and forces encountered per the 2001 FBC, Section 1601.2.1 and Table 1604.1. Indicate the live load (pst) on the plans for the building design. 19. Buildings three-stories or higher shall be equipped with an automatic sprinkler system per F.S. 553.895. Fire protection plans and hydraulic calculations shall be included with the building plans at the time of permit application. 20. At time of permit review, submit signed and sealed working drawings of the proposed construction. 21, On the site plan and floor plan, indicate the number of stories that are in each building including, where applicable, mezzanines. Indicate the overall height of each building. 22. Add to each building that is depicted on the site plan drawing a labeled symbol that identifies the location of the proposed handicap accessible units. Add to the drawing the calculations that were used to identify the minimum number of required units. Also, state the code section that is applicable to the computations. Show and label the same units on the applicable floor plan drawings. Compliance with regulations specified in the Fair Housing Act is required (Federal Fair Housing Act Design and Construction Requirements, Title 24 CFR, Part 100.205). 23. At the time of permit review, submit details of reinforcement of walls for the future installation of grab bars as required by the Federal Fair Housing Act Title 24 CFR, Part 100.205, Section 3, Requirement #6. All bathrooms within the covered dwelling unit shall comply. 24. Add to the drawing the calculations that were used to identify the minimum number of required handicap accessible parking spaces. 25. Add a labeled symbol to the site plan drawing that represents and delineates the path of travel for the accessible route that is required between the accessible units and the recreational amenities that are provided for the project and other common area elements located at the site. The symbol shall represent the location of the path of travel, not the location of the detectable warning or other pavement markings required to be installed along the path. The location of the accessible path shall not compel the user to travel in a drive/lane area that is located behind parking vehicles. Identify on the plan the width of the accessible route. (Note: The minimum width required by the Code is 44 inches). Add text that would indicate that the symbol represents the accessible route and the route is designed in compliance with regulations specified in the Fair Housing Act. Please note that at time of permit review, the applicant shall provide detailed documentation on the plans that will verify that the accessible route is in compliance with the regulations specified in the 2001 FBC. This documentation shall include, but not be limited to, providing finish grade elevations along the path of travel. 8654 INCLUDE REJECT COA.doc 07/06/05 5 DEP ARTMENTS 26. As required by the CBBCO, Part III titled "Land Development Regulations", submit a site plan that clearly depicts the setback dimensions from each property line to the leading edge of the buildings. The leading edge of the buildings begins at the closest point of the overhang or canopy to the property line. In addition, show the distance between all the buildings on all sides. 27. To properly determine the impact fees that will be assessed for the clubhouse/recreation building, provide the following: a. Will the clubhouse/recreation building be restricted to the residents of the entire project only? b. Will the residents have to cross any major roads or thoroughfares to get to the clubhouse/recreation building? c. Will there be any additional deliveries to the site? d. Will there be any additional employees to maintain and provide service to the site? Please have the applicant provide the City with a copy of the letter that will be sent to the impact fee coordinator. To allow for an efficient permit review, the applicant should request that the County send the City a copy of their determination of what impact fees are required for the clubhouselrecreation building. 28. Add to the floor plan drawing of the clubhouse/recreation building a breakdovvn of the floor area. The area breakdown shall specify the total area of the building, covered area outside, covered area at the entrances, total floor area dedicated for the clubhouse/recreation building and other uses located within the building. Specify the total floor area that is air-conditioned. Label the use of all rooms and floor spaces. 29. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may not, therefore, be used for landscape irrigation where other sources are readily available. 30. A water-use permit from SFWMD is required for an irrigation system that utilizes water from a well or body of water as its source. A copy of the permit shall be submitted at the time of permit application, F.S. 373.216. 31. If capital facility fees (water and sewer) are paid in advance to the City of Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application. a. The full name of the project as it appears on the Development Order and the Commission-approved site plan. a. If the project is a multi-family project, the building number/s must be provided. The building numbers must be the same as noted on the Commission-approved site plans. b. The number of dwelling units in each building. c. The number of bedrooms in each dwelling unit. 8655 INCLUDE REJECT COA.doc 07/06/05 6 I DEP ARTMENTS INCLUDE REJECT d. The total amount paid and itemized into how much is for water I and how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34) At time of permit review, submit separate surveys of each lot, parcel or tract. For purposes of setting up property and ownership in the City computer, provide a copy of the recorded deed for each lot, parcel or tract. The recorded deed shall be submitted at time of permit review. 32. At time of building permit application, submit verification that the City of I Boynton Beach Parks and Recreation Impact Fee requirements have been satisfied by a paid fee or conveyance of property. The following information shall be provided: a. A legal description of the land. b. The full name of the project as it appears on the Development Order and the Commission-approved site plan. c. If the project is a multi-family project, the building number/s must be provided. The building numbers must be the same as noted on the Commission-approved site plans. I d. The number of dwelling units in each building. e. The total amount being paid. (CBBCO, Chapter I, Article V, Section 3(t)) ! 33. Pursuant to approval by the City Commission and all other outside agencies, the plans for this project must be submitted to the Building Division for review at the time of permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved by the City Commission. 34. The full address of the project shall be submitted with the construction documents at the time of permit application submittal. If the project is multi- family, then all addresses for the particular building type shall be submitted. I The name of the project as it appears on the Development Order must be I i noted on the building permit application at the time of application submittal. 35. Sheet SP-I - Indicate the number of handicapped parking spaces for the retail area and the residences and the total number of handicapped spaces provided. 36. Submit a floor plan for the retail, amenity, office, live/work, officelretail I areas, , 37. The elevator shall comply with the 2001 FBC, Section 11-4.10.1. 38. Submit square footage of parking garages. 39. According to 2001 FBC, Section 11-4.1.2, "if parking spaces are provided for self-parking by employees or visitors, or both, then accessible spaces complying with 200 I FBC, Section 11-4.6 shall be provided in each such 8656 COA.doc 07106/05 7 DEP ARTMENTS INCLUDE REJECT parking area. Show accessible spaces in all areas. Comply with the 2001 FBC. (Include parallel parking.). 40. The distance of all exterior walls to adjacent buildings/property line ~ an area of concern. The allowances set forth in the 2001 FBC, Table 600 are for the percentage of wall openings permitted. This is a life-safety issue. Submit calculations showing the percentage of wall and wall openings for this project, and clearly show the distances between the buildings. 41. All the single-story dwelling units located in the multi-family building are "covered dwelling units" under the Florida Fair Housing Act, and thus must comply. Indicate on the plan which design option (A or B) is being used for this proiect and show the required clear floor space for the fixtures. 42. Sheet SP-1 - Clarify the type of construction for building # 1 under the Building Tabulation Table. There is no Type I protected construction in 2001 FBC, Chapter 6. 43. Sheet SP-l notes the parking garages occupancy as "open". This is not a correct occupancy type. To be considered "open", the structure shall comply with all the requirements of the 2001 FBC, Section 411.3.2, 411.3.3, and 411.3.4. As designed, the garage cannot be considered "open". Indicate the correct occupancy per 2001 FBC, Chapter 3. 44. Clearly show all the setback dimensions from each building to each property line. In addition, show the distance between each building on all four sides. All setback dimensions and distances between buildings are not shown on SP-1. 45. Clarify the number of surface parking spaces dedicated for building #1 and building #2. A handicap accessible parking space is required in each parking area per the 2001 FBC, Section 11-4.1.2(5)(a). Also, indicate on the plans if the parking garages are strictly for the use of the residents or for both the retaiVrestaurant/office areas and the residents. 46. Provide the occupancy classification and construction type for the clubhouse. Comply with 2001 FBC, Chapters 3 and 6. 47. Sheet ALl - The balcony at the clubhouse shall be provided with vertical accessibility. This is considered a "common area" and shall comply with the 2001 FBC, Section 11-4.1.3. 48. Submit a tabulation table that clearly reflects each building, number of units in each building, the type of units (model type), number of stories in each building, and square footage per floor. I 8657 COA.doc 07/06/05 8 DEP ARTMENTS INCLUDE REJECT 49. Sheet A-25 indicates a floor plan for a "new townhouse". Submit additional information on this unit: A Model type or model number (identify units). B Which buildings will contain this structure? 50. Sheet A-6 - Indicate the number of parking spaces on each level of the garage. 5!. Sheet A-12 - The square footage for units "C" and "D 1" does not correlate with the square footage listed on Sheet SP-l. Also, identify unit "D" as "D 1" on SP-!. 52. On sheets A26-A32, your calculations for the percentage of openings are incorrect. The percentage of openings is based upon Table 600 of the 2001 FBC and the distance separation of buildings from property lines or assumed I property lines (in the case of multiple buildings on the same lot). Refer to 2001 FBC, Chapter 2 for the term "Property line, assumed". and submit correct calculations for the percentage of openings. PARKS AND RECREATION Comments: 53. Impact Feee: 70 single family attached units @ $771.00 each = $57,054 96 multi family units @ $656 each = $60,352 TOT AL $ 117,406 I i Impact fee is due prior to the issuance of the first applicable permit. II II FORESTER/ENVIRONMENT ALIST II ,I Comments: 54. The Landscape Architect should tabulate the total number of existing trees on the site. The plan should indicate where the relocated trees are to be installed throughout the site. The total diameter inches of trees removed should be shown as replacement trees on the site landscape plan. These replacement i trees should be shO\vn by a separate symbol on the landscape plan sheet L-5 I (Chapter 7.5, Article I Sec. 7.D.p. 2.). I PLANNING AND ZONING I ,i Comments: I 55. Approval of this site plan is contingent upon approval of the accompanying request for land use amendment! rezoning (LUAR 05-005). 8658 COA.doc 07/06/05 9 DEP ARTMENTS 56. Approval of this site plan is subject to the approval of the proposed code amendment (CDRV 05-011) to allow commercial uses in the PUD Planned Unit Development zoning district but with the caveat that they front on exterior or perimeter streets, when such locations are consistent with adopted redevelopment policies and plans. 57. Based on the Traffic Division's review, it has been determined that the residential portion of the proposed mixed-use redevelopment project IS located within the Coastal Residential Exception Areas of Palm Beach County, while the retail and office components generate less daily and peak hour trips than the existing retail space which is to be demolished. The project meets the Traffic Performance Standards of Palm Beach County but contingent upon the provision of a southbound exclusive right-turn lane onto the project access driveway on North Federal Highway. No building permits are to be issued after the build-out date of 2008. 58. Approval of this site plan is subject to the accompanying request for height exception (HTEX 05-004). 59. Parking spaces required in this ordinance for one use or structure may be allocated in part or in whole for the required parking spaces of another use or structure if quantitative evidence is provided showing that parking demand for the different uses or structures would occur on different days of the week or at different hours. Quantitative evidence shall include estimates for peak hour / peak season demand based on statistical data furnished by the Urban Land Institute or an equivalent traffic engineering or land planning and design organization (Chapter 2, Section 11.H.13.). 60. At the time of permitting, all elevation pages shall indicate the exterior finishes, roof material, paint manufacturer's name, and color codes. Staff recommends using a color schedule (Chapter 4, Section 7.D.). Also, provide color swatches and awning samples. 61. Fifty percent (50%) of all site landscape materials must be native species (Chapter 7.5, Article II, Section S.P). Please categorize as follows: Shade trees, Palm trees, Shrubs & Groundcover. 62. All trees, if proposed as trees, must be at least 12 feet in height and three (3) caliper inches at the time of their installation (Chapter 7.5, Article II, Section 5 .C.2.). This applies to Tree Ligustrum. 63. Staff recommends that a master sign program be provided that shows the number, location, dimensions, exterior finish, and color(s) of all signs (Chapter 2, Section S.H.9.). The sign program would address all types of SIgnS, including commercial wall SIgnS, identification signs, residential subdivision signs, freestanding monument signs, canopy signs, way-finding signs, directional signs, and all other signs as regulated by Chapter 2 I of the Land Development Regulations. 8659 INCLUDE REJECT COA.doc 07/06/05 10 DEP ARTMENTS INCLUDE REJECT 64. At the time of permitting, the detail of the typical outdoor freestanding lighting fixture must include the proposed color. The applicant informed staff that the color will be black. 68. All plant material proposed outside the property line must be excluded from the plant list In terms of meeting the mInimum required landscape requirement. Revise plant list at the time of permitting. 69. The common areas shall be maintained by an established association. Provide documents to confirm same. 70. Staff recommends substituting the Pigeon Plum trees with Florida Royal palm trees at the main entrance drive, where the angled street parking spaces. The heights of these trees shall not conflict with the freestanding outdoor lighting poles. 71. Staff originally recommended that the site plan provide a full-size clubhouse / recreation building within the townhouse portion of the development, in part, to accommodate homeowner association meetings. However, the developer informed staff that the meeting rooms (proposed within Building I) could accommodate the townhouse owner association meetings and that the townhouse owners would be authorized to use the meeting rooms once per month for their association meetings. This is acceptable to staff and therefore, the condominium documents should rellect this intention. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY COMMENTS: Comments: I I 72. To be determined. i ADDITIONAL CITY COMMISSION COMMENTS: Comments: I 73. To be determined. MWRJelj S:\Planning\SHARED\WP\PROJECTS\Heritage Club @ Boynton Beach\NWSP 05-014\GOA.doc 8660 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJEeT NAME: Heritage elub AGENT: Mr. Michael Weiner, Esquire / Weiner & Aronson, P.A. AGENTS ADDRESS: 102 North Swinton Avenue Delray Beach, FL 33444 DATE OF HEARING RATIFleATION BEFORE elTY eOMMISSION: August 2, 2005 TYPE OF RELIEF SOUGHT: Request New Site Plan approval in order to construct 70 townhouse units, a four (4)-story mixed-use building consisting of 84 dwelling units, 3,500 square feet of restaurant, 4,100 square feet of retail, and 5,164 square feet of office. The site plan also includes another four (4) -story mixed-use building consisting of 12 dwelling units, 5,394 square feet of retail, and 1,380 square feet of office, all of which, are proposed on an 8.302-acre parcel zoned PUD Planned Unit Development. LoeATION OF PROPERTY: Northwest corner of the intersection of Federal Highway and Gulfstream Boulevard DRAWING(S): SEE EXHIBIT "B" ATTAeHED HERETO. THIS MATTER came before the eity eommission of the eity of Boynton Beach, Florida appearing on the eonsent Agenda on the date above. The eity eommission hereby adopts the findings and recommendation of the eommunity Redevelopment Agency Board, which Board found as follows: OR THIS MATTER came on to be heard before the eity eommission of the eity of Boynton Beach, Florida on the date of hearing stated above. The eity eommission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the eity's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "e" with notation "Included". 4, The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the eity elerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: eity elerk S:\Planning\SHAREDIWP\PROJECTS\Henlage Club@ Boynton Beach\NWSP 05-014\DO,doc 8661 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 05-119 TO: Chair and Members Community Redevelopment Agency Board THROUGH: Michael Rumpf Director of Planning and Zoning FROM: Eric Lee Johnson, AICP Planner ;f DATE: July 6, 2005 PROJECT: Heritage Club / HTEX 05-004 REQUEST: Height Exception of 15 feet for decorative tower features on the mixed-use buildings PROJECT DESCRIPTION Property Owner: Thirty Six Hundred Holdings, LLC Applicant: New Century Companies, LLC and Thirty Six Hundred Holdings, LLC Agent: Mr. Jason S. Mankoff / Weiner & Aronson, P.A. Location: Northwest corner of the intersection of Federal Highway and Gulfstream Boulevard (Exhibit "A") Existing Land Use: Local Retail Commercial (LRC) Existing Zoning: Community Commercial (C-3) Proposed Land Use: Special High Density Residential Proposed Zoning: PUD Planned Unit Development Proposed Uses: Office: Retail: Restaurant: Residentia I: 6,544 square feet 9,494 square feet 3,500 square feet 70 townhouse units 96 multi-family units Acreage: :t8.302 acres ~djacent Uses: North: Developed property (self-service storage) designated Local Retail Commercial and zoned C-3 Community Commercial; 8662 Page 2 Memorandum No. PZ 05-119 South: Developed outparcel (adult entertainment) designated Local Retail Commercial and zoned C-3 Community Commercial, then the right-of-way of Gulfstream Boulevard, then developed commercial (fast-food and office building) designated Local Retail Commercial and zoned C-3 Community Commercial; East: Right-of-way of Federal Highway then undeveloped property in the Town of Gulfstream designated Recreation and zoned OR Outdoor Recreation; and West: Rights-of-way of Old Dixie Highway and the Florida East Coast Railroad, then vacant property in Palm Beach County designated MR-5 (5 dujac) and zoned RS- Single-family Residential. BACKGROUND Mr. Jason S. Mankoff, agent for the property owner (Thirty Six Hundred Holdings, LLC) is requesting to develop a mixed-use project. The survey shows that the subject property is currently developed with a one (i)-story shopping center and related parking areas. The intent is to raze the existing shopping center and redevelop the site with 13 townhouse buildings and two (2) mixed-use buildings, including their interior parking garages. Approval of this project is contingent upon the approval of the accompanying request to amend the Future Land Use Map and rezone (LUAR 05-005) the property from Community Commercial (C-3) to Planned Unit Development (PUD). The PUD zoning district allows a maximum height of 45 feet. The townhouse buildings would be three (3) stories tall and would both require approval of a height exception. However, the mixed-use buildings (Buildings 1 and 2) would have portions of their structures that exceed the district's maximum height threshold of 45 feet. The elevations show that several decorative towers would reach as high as 60 feet in height. Therefore, approval of the accompanying site plan (NWSP 05-014) is contingent upon approval of this request for height exception. ANALYSIS The property is currently zoned C-3. The C-3 zoning district allows for a maximum building height of 45 feet. As previously mentioned, the applicant is concurrently requesting to rezone the property to PUD. Part of the justification to rezone to PUD is to support and stimulate revitalization efforts in the city's Community Redevelopment Agency area. Staff recognizes that a viable downtown and surrounding areas would have a mixture of uses with higher residential densities. The proposed mixed use project will serve to revitalize the southern "gateway" to the City. The project proposes 166 residential units in a variety of sizes and styles, while the commercial portion is designed to provide a year-round customer and employment base. Land Development Regulations, Chapter 2, Zoning, Section 4.F.3, Height Limitations and Exceptions, states that in considering an application for exception to the district height regulation, the City Commission shall make findings indicating the proposed exception has been studied and considered in relation to minimum standards, where applicable. The citywide maximum height of 45 feet would generally limit a typical building to four (4) stories. The PUD zoning district allows for a maximum building height of 45 feet. It should be noted that both mixed-use buildings meet code as it relates to building height because their roof level would be 41 feet in height and the top of the parapet wall would be 46 feet in height. The parapet wall may exceed the 45-foot threshold only if the wall itself is five (5) feet or less in height. The elevations of the mixed-use buildings (Building 1 and Building 2) show that 8663 Page 3 Memorandum No. PZ 05-119 portions of both buildings exceed the 45-foot threshold. However, these appurtenances are eligible to be considered for the height exception request. Decorative towers (cupolas) are the types of building appurtenances that may exceed the zoning district's height limitation and be eligible for height exception review. In this case, the top of several decorative towers are proposed at 60 feet in height. However, the aforementioned structures would account for only a small percentage of the entire roofline. In fact, according to the applicant, the decorative towers would account for approximately::!: 10% of the entire roof area of the mixed-use buildings. This figure becomes significantly lower when the roof areas of the townhouse buildings are factored into the equation. According to the applicant, the height exception is necessary, as a means of breaking up the horizontal massing of the buildings with minor (uninhabitable) vertical elements. The enhanced quality of these buildings is achieved by the inclusion of these elements. Allowance of these heights would not severely reduce light and / or air in the adjacent areas. The applicant claims that the height exception would not adversely effect property values in adjacent areas or adversely influence the living conditions in neighboring communities. Staff concurs. Granting of this height exception does not constitute a special privilege to the current property owner. RECOMMENDA nON In the accompanying reports, staff is recommending approval of the site plan and request to rezone to the PUD zoning district. As to the issue of height, staff recommends approval of the height exception request of 15 feet. This would allow the top of the decorative towers to be designed at 60 feet in height. Any conditions recommended by the Board or City Commission would be placed in Exhibit "c" - Conditions of Approval. S:IPlannlngISHARED\WPIPROJECTSIHentage Club @ Boynton BeachlHTEX 05.0041Staff Report doc 8664 LOCATION MAP Heritage Club @ Boynton Beach Exhibit A II) ~ E ::J b U ..J cl z is a: cl 200 100 o 200 Feet N A 8665 r r EXHIBIT B :1c..=}..'c,~c,.".",.>.. " _ _. __. _ _. _ ~ ---::c:::=:=:::::::::-=::_ \ -i-------~ ---~:~-- ----, ---:::------ "--, I --..-::'- " (~~2u~~:i~_= "",ll : __ll-:'o>U""'.' o \>'"4/ rrI- I ~~ - - -, ':- -Y-i.1L 1.- ~IE H- - . ,,~-cd?~~~: :-~ .1!JI?ii fi1$u.~ ':-". ';!, ' 'i A=> r 1,1 e:;. 'f:-:~ ~'iiUJ[J1ii';;t.+W7N;i~~~I<>:~< r~"": c---f ~ ' " , 11:'" .. .{!..~:;-" ~ - - _"0 -iii --,u.:i r:-f --' .... - ~ II '<, ',' ,IR.' ,;~ =--- ~ rd~-' - .t;.S~1 - --- :; '- ' " .~,' ~ : T cll'J I " ;Or: ' " f' ,. ;;.:.c"" ; c '" ""'" ". f, ". , ,,~.--.:;, '1""" ~I.-k v ~---),,--~--~----.~.- ~~: I J R: L t' ~,,-, ~ ' : : ~ ~ '" p co _ , .;v , .. ~ ,';.J <j ,bi': ~j: -V' ~ ::':' I II -or::;~ ,}" ~_~" I I rID ,~~ ~ ,'.: . Q '~ ~ : b t : I -ijj '" :1; .: _ ~.....J L-. -G I.'!J, " @_ ~ ...... " , ~ tJ .; ~. , :' _~'. ". ,,,,.,,, ~: ~ ! = i; ~ '!.@[.J Ii 'I ~ .-:- f -.Ji~, ~ J .!G1 >--Jill ...,j .. % t' -- ~", J~ ,.,;~; - -), -------.f} ~~ ~~~.-r) r ~ - ~ ~ ,~~:: ~ ~ "~'b'i' .r -Ir-IM!O: .'~.'iV)JI "4'~"':: ~_ ,;~: ~1{'77"l1l:"J 7.!1 ":~/., ~:_(b;:J'l ~r) -~ :: " '0 o. '-' ~ ..,.. '.Arl~ - ~ ",'~ {, c ~ '~; I '3-' ~ /'" @"j: ;- J'; . ,.. 11 41l :: . ' , <f;. u ,-=-< .":rf" - ~ C l " "L '" ,: : __ ''--'- ----t' il~- i' i (' ~l. J ~\..... ':~ ::, :.. t;~,l;o~i,):j '- . 'ii. .I~@1~ ",l~ i i:-~ JJ ~ tE : ~., ('~:.~ 51-~ ~ lL: :: !, :: "-:; i r~ r<~~; : ~ 'rho ~,~~ , ~~ _" "-"'I Vi: ' ':r: .,J " I U i I: " ]k\ :::i;.:' -: ;.~ 'fj " ,~ lid;, o = ~,r-i /. ~J!l ~: ' _I -- : ,: ' I - fe' W "" . ' >, ' S .tL ~ . -JJ1' :"T ".i ~ ': :_, ,-: : I :':;!l~ ~,~ ~: ~ ~~Jmm:r: if: I cz~~ ~i'~ 1:;!:' 8t: ~ ' I I - II : ii: ~:::::::_ /'f' 1 ~ "" ,"':: ~ I ' ~..: c:::::-:::--.... .~::~\ oJ,,, V,: ::-C:::c::.., i\-i ~ ~ ~ : c: ~ I ~ ~.,J f y ~ ~ :',,: : =- l~ _~.iL~~ F'" ~d~,: l! =00:; i [~~l~ ~! : : li .--v i?~' ~ " ' ~ J.:l : : ~i ~~~_::.:~:li1 ' ", r,.. ~~ F/ ~~ *1 ~--'-lr~~~' "IiLdF ~ ~ i ! ~ d! t::':~ ~ f- : ' Ilpl! ,', "". '<"'~ --.. ,., ';' ;j1IPHI/llllPP/111 ~sr.r[R ~-----~---- -1~~< IiI] J~ "di: . "..,I ~ a"DNa ~ - D" !il "', ,5 -' ~ ,._. .... r'r' J ~~US --~: -- II ' , JH ~""....HIGH -~-~ I ! ft l,hiii '!lii II' ~~...~ '[ ~ ::--::::.~::::: : ~ ~ 5 I l~ / 1IIIIJ!fl~ ... D[R4L HI~ !'~ 'lu...m!. III i i'~~) ~ " ' I . ..'" "'1' ! Ii !. '! ili--~:::< l. , ! ij Ii' -, UII. III! ! h ~~l~ <:::::::..::::::.....~ ill . ) ~ · l - ;,' I I g It. ,- 1Ill' ~ I' 'i ~i ~g I nil' II tl' -ii'll~ li-'; ml' q, ;~~ ",' "1' ~~I &h ~j' milii~iU ni~ WI I.... ~ II i it I ~~ !I~!!~ II I S~! ~.~!~~ ~~ij, ih! Ii; . , ",. II = I III I ~ r~ ,; r I .11 ' II'!: liE II!! !! ~U~ I tilt 11~1!~II! .1'11 ~ lillll!!!!!ll 'r II. I Ii III Ii I .~. i~~~ l ill ol~ ."MSI\ e;=.- " i" P ii' . ARCHITECTS :?,':'~M"'''- HERITAfE CLUB ARCHITE:CTURE '" PlANNING Ilayo.... Ikad> =:;:::~.>::;.?_~=---::-= =.:--=._~~. New Ceo':; Compoai.. ., 11U1 .- 0;--1 ~ nl ~,:g f~ Q~~~ I illlull:l . ,] l , I ili '" '@ I 3 ~ .,.,'111 8666 !~ ill I~ ! ..... ::~ t~mm i lU,g fl{'jh ,~lf~~J i! i!P 'j tj,; i, I it if I~i r t i . i: I f " '< ~ ~ m < ~ ~ ~t~ ~ 'dJ. ~ rrl~f 0 II i ~ i ~ ~ ~ ~~ ~ I ~I I Hi f-ll ~i ~r i:;!sl~ ~ I , . ~iii 1m, II IiI !i!lIl! IZ' un ~~i ,~: 'z, ~ Djll 1-1' I~ hi ~~~~~ ~ n . 'I /! (J) : i ! d~ hr (QJ D 'i~~ ll~: ! I ~ il i.~ !OJ ' ~; ~ ,("): IV ' ~ I ! c Ii l~i Ii J Lr:'Jj ~ 1I ~ q i . ~ EXHIBIT B ~---L<r "-m---=-:"~ '11.' ~ t ~I II, ; , ~ I <I t ! ,jl i!~ " L . ~ ':'~ h ,_~.:--~-I~ "j I; ! mm Nt MSI\ --- :a::::::'H HERITAGE CLUB ! ARCHITECTS ~-,;.::.:;-" Boynw:.ll<acb ARCHITECTURE & Pw<NING New c.nrury Compan;e, ~,. ----"'''"'-'''''--- ....-... _.%---...._...___.._~~_ ~..:=..~___.. ...100' - "'.--......--- -- -...-.. - " 8667 ~ ~ ,un ~ . 2J JJ ~ I IT I (Q)~ 0 ~ I ~ ~ ~t~ m dJ~ o L !r~'~ -'i -'[~ N'1]f~ '- ". . , \1. ': -~ .... \1 t~ .! I ~ EXHIBIT B If-~~1-1~:~ i~ I . __ <;, <: 'I 'l.! ..I 'If ~ I "~I '\ ~ ~ rMJ n , ~ ~ IT (Q) ~ 0 , ~I j z ;~mr ,.-... MSI\ !O~- HE~TAGE CWB (;;~="l.''''' 8~8cach AACHrTECTS . -- N...~Compoaies ARCHm:CTURE '" PLANNING -. ----. ,... --':S---=-:~~...~.._ m ::.%-"""'="-:'-.-:.-:...~-..- . - < - '-'-"'4: '" - ,8668 EXHIBIT B . ~I lt1l ~ n~ (Q) I"l '" 0 I' f ;I i ~ f f~' rr n /, ~l ~ III Ill" I . --.:~,~' .(1 ~l I'l Ji lr~ -n'; --11~ ~ :f~ ~ 1 ~ t t ~ ~\ ~ ~ I L ---'--- -"- -~' I ti ; b rmrr "t~~I~ __=~~~=_~~:=r:::U' ~T . 8669 , . EXHIBIT B . :lMJ I '~ .~ : lTU~ ~ n ~ u . [Q)~ 0 ~ ..- 0.' r-T"- ~_..- -~l~! ~~ . \ i~ ~ ~.~ -~'--~- ~ I -. ~ . ~ ~~ ~~ .! \ .tt.t q I ~~ ~5 I ~..... .' '~ D "'" i9 HERITAfECLUB i':. ~~ Boya1oQ Bcacb . MSI\. !'~.. -c..:_ "tACCHITECTS -~'.- I \r1 PlANNING ~ _ = . NlCHITEC.T URE ~-'""'~"",,-,,,"""'_'"1:-_ ~~2:-:.-:..-=- 8670 ~ , ~ ~' ~t~ ~ ~ t @?)~ , I~ rmri L-__ ~_". EXHIBIT B - ~ '~ ; ,~ ~ , u (Q) g 0 11'-.~T;-'o",,--~-1~~c..5~~' .~ ' c '" -~l, 11 \ 4."C" ~ ..... \ ~ I, ----" l, ;';; i - I I ! Q " ~ ~ , EXHIBIT "e" Conditions of Approval Project name: Heritage Club File number: HTEX 05-004 Reference: Elevations dated June 14,2005 I DEPARTMENTS I INCLUDE I REJECT I PUBLIC WORKS Comments: None UTILITIES Comments: None FIRE Comments: None I I Comments: POLICE I I None ENGINEERING DIVISION Comments: None BUILDING DIVISION Comments: None I I Comments PARKS AND RECREATION I I None FORESTER/ENVIRONMENT ALIST Comments: None PLANNING AND ZONING Comments: None ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY COMMENTS: Comments: 1. To be determined, 8672 Page 2 Heritage Club File No.: HTEX 05-004 DEP ARTMENTS INCLUDE REJECT ADDITIONAL CITY COMMISSION COMMENTS: Comments: 2. To be determined, S \Planning'-SHARED\WP\PROJECTS\Boynton Lofts\HTEX 05.001\COA doc 8673 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Heritage Club AGENT: Mr. Jason S. Mankoff / Weiner & Aronson, P.A AGENT'S ADDRESS: 102 North Swinton Avenue Delray Beach, FL 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 2,2005 TYPE OF RELIEF SOUGHT: Request a 15-foot height exception for a mixed-use project on an 8.302- acre parcel in the Planned Unit Development (PUD) zoning district. LOCATION OF PROPERTY: Northwest corner of the intersection of Federal Highway and Gulfstream Boulevard DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Heritage Club@ Boynton Beach\HTEX 05-004\DOdoc 8674 DEPARTMENT OF DEVELOPMENT Memorandum PZ 05-122 TO: Chair & Members Community Redevelopment Agency Board --l'1Q0 Michael Rumpf, \ ~ Planning & Zoning Director Ed Breese, Principal Planner July 6, 2005 Neelam (fka Schnars) Business Center - 924 North Federal Highway (NWSP 05-022) Re-review of expired site plan THROUGH: FROM: DATE: RE: Staff has received a request for New Site Plan approval (NWSP 05-022) of the previously approved Schnars Business Center (NWSP 02- 024) at 924 North Federal Highway. The project also previously received a Time Extension (SPTE 04-003). However, the original approval has now expired, the property is under contract and the applicant would like to construct the project as previously approved, under the name Neelam Business Center. .aff has conducted a review of the proposed plans to ensure consistency with the original approved drawings. Additionally staff has taken into consideration any changes in the development regulations since original approval, for conformance purposes. Attached is the original staff report (NWSP 02-024) dated January 29, 2003 and an updated set of Conditions of Approval (COA's), based upon the re-submitted plans. Staff concludes that the site plan (NWSP 05-022) is consistent with the previously approved plan and recommends approval, contingent upon all comments indicated in Exhibit "C" - Conditions of Approval. The Technical Application Review Team (TART) recommends that the deficiencies identified in this exhibit be corrected on the set of plans submitted for building permit. Also, any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. 8675 DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 03-025 SITE PLAN REVIEW STAFF REPORT COMMUNITY REDEVELOPMENT AGENCY BOARD AND CITY COMMISSION January 29, 2003 DESCRIPTION OF PROJECT Project Name/No.: Schnars Business Center /NWSP 02-024 Property Owner: Ruth R. Dolly Applicant/ Agent: Jeffrey Schnars, Schnars Engineering Corporation Location: 924 North Federal Highway Land Use/Zoning: Existing: General CommercialjC-4 (West Parcel), Mixed-Use/ Single-Family R-1-A (East Parcel) Proposed: Mixed-Use (MX)/Mixed-Use Low (MU-L) Type of Use: Professional offices and retail Project size: Site Area: Building Area: Floor Area: Lot Coverage: 22,838 square feet (0.52 acres) 3,388 square feet (0.08 acre) 8,754 square feet 15.4% Adjacent Uses: (see Exhibit "A" - Location Map) North - N.E. 9th Avenue right-of-way, and farther north, Boynton Beach F.O.E. #3944 lodge building, zoned C-4; South - An auto repair business (ND Auto Repair shop) zoned C-4; East Single-family neighborhood, zoned R-1-A; and West - North Federal Highway right-of-way, and farther west, a retail business (M&M Appliances), zoned C-4. Site Characteristics: The site is a vacant, rectangular-shaped lot, overgrown with grasses. The site is cleared and contains a row of Australian pines along the northeast property line. The site contains four (4) parcels (Lots 20, 21, 22, and 23) dissected by a 20-foot wide unimproved alley. On the west side of the unimproved alley, are located lots 21 through 23 with a General Commercial (GC) future land use designation and zoned General Commercial (C-4), while on the east side, is lot 20 with a Mixed Use land use classification (MX) and zoned Single-Family (R-1- A). Proposal: The developer proposes to construct a three (3) story, 8,754 square foot office / retail building located on a 0.52-acre lot (see Exhibit "B" - Proposed Site Plan). The proposed building height is 44 feet - 11 inches, which is below the 75-foot maximum allowed in the MU-L zoning district. A concurrent rezoning 8676 Page 2 Schnars Business Center - Site Plan Review Staff Report Memorandum No. PZ 03-025 Concurrency: a. Traffic- request (LUAR 02-013) is proposed to bring all parcels under a single district as well as to utilize the preferable development restrictions of the MU-L district. Also being processed concurrently are a reclassification of parcels 21, 22, and 23 to Mixed Use, and the abandonment of a 20-foot wide alley (ABAN 02-003) (see Exhibit "C" - Conditions of Approval). A traffic study for this project was submitted and sent to the Palm Beach County Traffic Division for their review and approval. Staff has received confirmation from Palm Beach County's Traffic Division regarding standards compliance. b. Drainage- Driveways: Parking Facility: Landscaping: Conceptual drainage information was provided for the City's review. The City's concurrency ordinance requires drainage certification at time of site plan approval. The Engineering Division is recommending that the review of specific drainage solutions be deferred until time of permit review, when more complete engineering documents are required. On-site traffic circulation will consist of two (2), new driveway entrances measuring 24 feet wide providing ingress and egress along North Federal Highway and N.E. 9th Avenue. The entrance driveway on North Federal Highway is proposed to be located approximately 90 feet from N.E. 9th Avenue. As this driveway is proposed along a roadway classified greater than a local street, it must be separated from an intersection by not less than 180 feet. Therefore, the comments require the relocation or elimination of the driveway or receiving relief through the variance process. The second entrance drive on N.E. 9th Avenue is proposed at 120 feet from the North Federal Highway. A two-way drive aisle would provide access to the parking area located around the building, to the south and east portion of the property. The Land Development Regulations require a minimum of one parking space per 300 square feet for an office use and one parking space per 200 square feet for a retail use. Using these ratios, the required number of parking spaces is 34. This is based on 19 spaces required for 5,726 square feet of gross floor area of office space (2nd and 3rd floors), and 15 spaces required for 3,028 square feet of retail space (1st floor). The applicant proposes a total of thirty-five (35) spaces for the proposed use, including two (2) spaces designated for handicap use along the southeast portion of the building and a 12-foot wide by 35-foot long loading area located at the southeast corner of the property, in front of the dumpster enclosure. All spaces, except the handicap space will be dimensioned nine feet by eighteen feet (9' x 18'). The landscaping of the site will fully meet the code requirements when staff comments are incorporated. The proposed pervious or "green" area is 6,098 square feet or 26.9% of the total site. The project perimeter landscaping includes a 7-foot wide buffer along the north (N.E. 9th Avenue) and west (N. Federal Highway) property lines. The north buffer will contain Montgomery Palm, Cabbage Palm, Guava, Red Tip Cocoplum, Imperial Blue Plumbago, Variegated Giant Liriope, and a Wax Myrtle 8677 Page 3 Schnars Business Center - Site Plan Review Staff Report Memorandum No. PZ 03-025 Hedge. The west buffer will contain Montgomery Palm trees and a Wax Myrtle hedge. A continuous Wax Myrtle hedge supplemented with Montgomery Palm Trees is proposed along the south property line. The applicant will provide the required six (6) foot masonry wall along the eastern property line of the site to separate the office/retail use from the adjacent single-family zoning district. Along the side (east) perimeter buffer, inside of the wall, the landscape plan proposes two (2) Gumbo Limbo trees, two (2) White Bird of Paradise, and a row of red Hibicus hedges. The foundation plantings around the building are extensive, exceed code requirements and further enhance the site. This planting includes Red Tip Cocoplum, Purple Bougainvillea, Imperial Blue Plumbago, Evergreen Giant Liriope, and Xanadu Philodendron. The project entrances located on the western and northern property lines will be enhanced with Wax Myrtle hedges and will contain four (4) Tibouchina Granulosa trees meeting the code requirements for signature trees. The development will be provided with the required amount of perimeter and internal landscaping as required in the Land Development Regulations, Chapter 7.5 Article II. Building and Site: Building and site regulations will be fully met when staff comments are incorporated into the permit drawings. Community Design: The applicant describes the proposed building design as a Georgian style, three-story structure with a flat tile roof (Skandia by Entegra). All fa<;ades of the building have been designed and articulated with architectural elements such as shutters, molding, and score lines positively contributing to the overall appearance of both the proposed building and North Federal Highway. The exterior walls of the proposed structure will have a smooth stucco finish painted between a light yellow (Glidden White Whisper 44YY 84/042) and dark yellow scheme (Glidden Candle Wax 79/168). The accent trim; windows and doors will be white (Glidden). Additional features such as aluminum railings will be painted black. The proposed entrances of the building will have covered double doors facing North Federal Highway and the east portion of the property adjacent to the parking area. Window planter boxes are located outside the second and third floor windows above the entrances, which further enhances the building's east and west fac;ades. The building height of 44 feet - 11 inches, is below the maximum 75 feet allowed in the MU-L district. This proposed design is original, as it offers no similarities with any other buildings in the immediate area. Staff support this building design as proposed because it will set higher standards for future development along Federal Highway and is consistent with the underlying concept of the new MU-L zoning district. Signage: Three (3) wall signs measuring 21 square feet each are proposed on the west elevation, fronting on North Federal Highway. A freestanding monument sign is proposed along North Federal Highway measuring seven feet and three inches (7'-3") high by eight feet and eight inches (8'-8'') wide with the property address located on top. It will depict the name of the building's tenants. The monument sign will receive color and texture treatments similar to those of the 8678 Page 4 Schnars Business Center - Site Plan Review Staff Report Memorandum No. PZ 03-025 building. The base of the sign will be enhanced with Yellow Lantana shrubs. The proposed wall signs and the freestanding sign comply with sign standards including maximum sign area and height as set forth in the Land Development Regulations, Chapter 21. RECOMMENDATION: Staff recommends that this site plan request be approved, subject to the comments included in Exhibit "C" - Conditions of Approval. The Technical Review Committee (TRC) recommends that the deficiencies identified in this exhibit be corrected on the set of plans submitted for building permit. xc: Central File S:\Planning\SHARED\WP\PROJECTS\Schnars Business Center\NWSP 02-024\Staff report-doc 8679 Location Map SCHNARS BUSINESS CENTER EXHIBIT "A" -~ , I I I I;: i i i I: i I i " 1 ; I I ~ __~.__ __, "~~_------.!...- I --------r---..-~----.~ -_._-~------"-< n~~__J __.,,=c.c__U 1\lE=.12Tt'LAVF~ I, I' I I ,=~~"'~ ___=~~ i -.! .... I: I R2: -~-_._- I 1 I I , ' , I I l I ~ 1 \ i; I : 'I :--'l'~ 'I,I . ~ I ~: I ~ 1 Z' I,m: 0. i(J) :-1 I i PU . I ! I ! I, !: I I 1 , N[ 9TII AV[ I, 'SITE Ii! I I : I ! I i , z ,m I~ i -I. -- I :~~-j I '1--. ~1A 1 I ,.' N[ OTII AV~ I I I 1 r---J ,----- , i ==.l'{~ 1 I I I , ------' ~ , I :1-- ~~ ----- . , -> ! ' ILJ , I 1 , .' t'J€-6+HiAv:~ NE 6TH:C1=---' ---->- ~ ~i ill I -~ .__1 -- w~, 8680 I I f .1" - 0_ '. I ,^' - 1 ~. """"ll- , ."d~ . P ,.... . 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B~"II "" ~ ~ "" I "" ~~ B~ [" l i~~~~' 8~~~~ ~:;;~~m Q~r;; qr ~ ~~i j"~ ~~- ~ ~ o ~ ~ I <k '-- ~l P I i.~!:i i!Q q~ r-J~~LAM BU~'r-J~~ C~r-JT~R ~ -. ~I sH i~ill !l I ~~ 8683 (:) - ~~~ BOY~TOr-J B~ACJ-l ~LORrDA SAC . 8 ace Architect C orporetfon ~ ~ ,..-----... ....,'.."...- .... _ -....... .......1_ ~_, 'w" .-::;= ..,.. -....---- ---------------'"'----_.._---------_..._~_.....,.._-...,..-- EXHIBIT C CONDITIONS OF APPROVAL New Site Plan Project name: Neelam Business Center (fka Schnars Business Center) File number: NWSP 05-022 Reference: 1 st Review plans identified as a New Site Plan with a July 5,2005 Planning and Zoning Department date stamQ marking DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General I Comments: I 1- A Royal Poinciana is depicted adjacent to the dumpster enclosure and will create a vertical conflict with Solid Waste trucks. Please relocate at time of permitting. PUBLIC WORKS - Traffic Comments: 2. Provide a traffic analysis and notice of concurrency (Traffic Performance Standards Review) from Palm Beach County Traffic Engineering prior to I issuance of first permit. 3. All work done within the Federal Highway right-of-way shall require FDOT , approval and permitting. _.J 4. The typical section on Sheet C-1 is not in conformance WIth City Standards I for pavement sections. Please correct at time of permitting. ENGINEERING DIVISION Comments: 5. All comments requiring changes and/or corrections to the plans shall be reflected on all appropriate sheets. 6. Please note that changes or revisions to these plans may generate additional comments. Acceptance of these plans during the TART process does not ensure that additional comments may not be generated by the Commission and at permit review. 7. Indicate by note on the Landscape Plan, that within the sight triangles there shall be an unobstructed cross-visibility at a level between 2.5 feet and 8 I I feet above the pavement (LDR, Chapter 7.5, Article 11, Section 5.H.) I 8. The provided loading zone may hinder Solid Waste pickup. Collection of Solid Waste takes precedence over loading and unloading. If the Loading Zone is occupied when Solid Waste arrives, trash may not be picked up. Staff recommends relocating the Loading Zone to accommodate both needs. 9. Provide an engineer's certification on the Drainage Plan as specified in LDR, Chapter 4, Section 7.F.2. 10. Full Drainage Plans, including drainage calculations, in accordance with the LDR, Chapter 6, Article IV, Section 5 will be required at the time of 8684 COA 07/07/05 2 [ DEP ARTMENTS INCLUDE REJECT permitting. 11. Paving, Drainage and Site details will not be reviewed for construction acceptability at this time. All engineering construction details shall be in accordance with the applicable City of Boynton Beach Standard Drawings and the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction permit application. UTILITIES Conunents: 12. Please provide a timeline that clearly illustrates when water and sewer services will be required to serve the proposed project. Your starting date for the timeline should be the date of City Conunission approval. Also provide milestone dates for permit application, the start of construction, and the setting of the first water meter. This time line will be used to determine the adequacy of water and wastewater treatment capacity for your project upon the project's completion, so please be as accurate as possible. 13. No Utility Plan was included with this submittal, therefore the Utilities Department considers this plan incomplete as submitted. However, the proposed Site Plan is an existing site located within the Utilities' service area, and is located where utility support is available. In addition, this project has come before this conunittee when it was initially reviewed and approved approximately 11,/2 years ago. Therefore, we are providing only a cursory review of the proposed Site Plans as submitted at this time. Additional comments may be required after a Utility Plan has been submitted. 14. Palm Beach County Health Department permits may be required for the water and sewer systems serving this project (CODE, Section 26-12). 15. Fire flow calculations will be required demonstrating the City Code requirement of 1,500 g.p.m (500 g.p.m some residential developments) with 20 p.s.i. residual pressure as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by Insurance underwriters, whichever is greater (CODE, Section 26-16(b)). 16. The LDR, Chapter 6, Article IV, Section 16 requires that all points on each building will be within 200 feet of an existing or proposed fire hydrant. Please demonstrate that the plan meets this condition, by showing all hydrants. 17. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid for this project either upon the request for the Department's signature on the Health Department application forms or within seven (7) days of Site Plan approval, whichever occurs first. This fee will be determined based 8685 COA 07/07/05 3 DEPARTI\1ENTS INCLUDE REJECT upon final meter size, or expected demand. 18. Water and sewer lines to be owned and operated by the City shall be included within utility easements. Please show all proposed easements on the engmeerIng drawings, usmg a minimum width of 12 feet. The easements shall be dedicated via separate instrument to the City as stated in CODE Sec. 26-33(a). 19. A building permit for this project shall not be issued until this Department has approved the plans for the water and/or sewer improvements required to I service this project, in accordance with the CODE, Section 26-15. I 20. PVC material not permitted on the City's water system All lines shall be I DIP. 21. Utility construction details will not be reviewed for construction acceptability at this time. All utility construction details shall be in accordance with the Utilities Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates); they will be reviewed at the time of construction pemlit application. FIRE Comments: NONE POLICE Comments: NONE BUILDING DIVISION Comments: 22. The elevator shall be designed to comply with 2001 FBC, Section 3003.4.2. The minimum length and width shall be 76"x24" to accommodate a stretcher in the horizontal position. 23. The elevator shall comply with 2001 FBC, Section 11-4.10 for handicap accessibility requirements. , 24. A minimum of two (2) exits is required from each level and they shall be ! remotely located per the 2001 FBC, Section 1004.2.1, 1004.1, 1004.1.2, 1004.1.4. 25. Elevators shall not be in a common enclosing shaft with a stairway, and the path of travel from one flight of stairs to the next shall not pass directly in front of elevator doors. 8686 COA 07/07/05 4 II DEP ARTMENTS INCLUDE REJECT 26. Clearly show access to the first-story tenant. Is it under the stairs? Clarify. The minimum clear width between the stairs and the wall of the first floor tenant space shall comply with 2001 FBC, Table 1004.1. 27. This building is classified as Type II construction. Wood roof and trusses are not permitted by code for Type II construction. Read 2001 FBC, Table 500 for compliance. PARKS AND RECREATION Comments: NONE FORESTER/ENVIRONMENT ALIST I Comments: NONE PLANNING AND ZONING Comments: 28. Increase the size of the Sabal Palms to 16- 20 feet of overall height and the Montgomery palms to 18-20 feet of overall height. 29. Ensure buffer wall is placed along the entire south property and is extended westerly to the proposed dumpster enclosure. MWR/scS:IPlanningISHAREOIWPIPROJECTSISchnars Business CtrlPatel NWSP 05-022ICOA.doc 8687 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Neelam Business Center APPLICANT'S AGENT: Anaheim Properties APPLICANT'S ADDRESS: 1155 SW 25 th Avenue Boynton Beach, FL 33426 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 2,2005 TYPE OF RELIEF SOUGHT: Request Site Plan approval for a three (3) story, 8,754 square foot office/retail building in a Mixed Use Low (MU-L) zoning district LOCATION OF PROPERTY: 924 North Federal Highway, Boynton Beach DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Schnars Business Ctr\Patel NWSP 05-022\DO.doc 8688 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 05-092 TO: FROM Chairman and Members Planning and Development Board Dick Hudson, AICP f)(-- Senior Planner Michael W. Rump;l\~ Director of Planning and Zoning THROUGH: DATE: May 27, 2005 SUBJECT: Condominium Hotels in Mixed Use districts CDRV 05-013 NATURE OF REOUEST Staff is proposing an amendment to the Land Development Regulations, Chapter 2, Section 6.F. Mixed Use Zoning Districts to add "Hotel, Extended Stay" as a permitted use in the Mixed Use- High Intensity (MU-H) zoning district; as a conditional use in the Mixed Use-Low Intensity (MU-L) zoning district; and to amend the definitions of "Hotel" and "Hotel, Extended Stay" to include condominium hotel units. BACKGROUND The development regulations for the Mixed Use-High Intensity/Mixed Use-Low Intensity zoning districts currently list both "Hotel" and "Boutique Hotel" as permitted uses in the MU-H district. Definitions are provided for both of these uses, as well as a definition for "Hotel, Extended Stay", although "Hotel, Extended Stay" is not listed in the "Schedule of Permitted, Principal, Accessory And Conditional Uses" (Table 6.F.l). Recent pre-application conferences with prospective developers, as well as profeSSional conferences staff members have attended indicate that condominium hotels are becoming a major component in the hospitality market in South Florida and in other vacation markets (see attached article, Exhibit A). Additionally, one development recently approved in the City has marketed hotel units as "Condominium Hotel units". Staff foresees additional requests for the use and therefore is proposing the code review. ANALYSIS Due to the difficulty in obtaining conventional financing for hotel projects in recent years, the "condominium hotel" or "condo hotel" has a become a popular product in the hotel industry. A condo hotel is essentially a hotel where the individual rooms are owned by separate owners, as opposed to having the entire block of rooms owned by a single hotel owner/operator. Since the individual rooms are sold to separate owners, the overall condo hotel project can be financed more like a residential condominium project, rather than a hotel, which has led to a surge in their popularity among hotel developers in recent years. 8689 Page 2 CDRV 05-013 Condominium Hotels in Mixed Use Districts From an operational and appearance standpoint, a condo hotel essentially looks and functions like any other hotel, with a management company in place to operate the facility and make provisions for such things as a central reservation system, maid service, maintenance, etc. Typically, all units are furnished the same for consistency purposes such that a hotel guest would not be able to tell from outward appearance that the rooms were owned individually. Since condo hotels are a relatively new concept that are likely to continue to grow in popularity, many local governments in South Florida are now revisiting their land development regulations and making revisions as necessary to address the attributes of such projects and to ensure that the facilities truly operate as hotels and not residential developments. For example, since the condo hotel rooms are owned by individual owners who may choose to occupy the hotel room at some time during the year, local governments are putting maximum length of stay limitations in their code to ensure that individual owners do not take up permanent residence in the units. The State of Florida defines "transient lodgings", which includes hotels, as "lodgings rented or leased to a specific party for a period of up to six months" and permits counties to levy a Tourist Development Tax (hotel bed tax) on them. Staff opines that limiting an individual's stay to "not more than 180 days in a calendar year" will provide that assurance. Since a condo hotel would likely take the form of an "extended stay hotel," City staff is recommending that the City Commission amend the City's definition of "extended stay hotel" as described below to address the attributes of the condo hotel and place appropriate limitations and requirements on such use. In addition, staff is recommending that the City Commission amend the permitted uses table for the "Mixed Use-High" zoning district to make it clear that "extended stay hotels", which would be the likely category to accommodate a condo hotel, are permitted in that district. The development of condo hotels is likely to be in conjunction with a mixed use project, which may include residential units; staff needs to also ensure that maximum allowable densities will not be exceeded. This would only become a problem if, at some future date, there was a request to convert hotel units to multi-family dwellings. The code amendments staff is recommending are attached (Exhibit B). RECOMMENDATION It is staff's opinion that the proposed amendments to the Mixed Use zoning district regulations are the minimum necessary to achieve the desired results; therefore staff recommends that the proposed amendments be carried forward to the Community Redevelopment Agency Board for their review and comments. Exhibits S:\PLANNING\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 05-013 CONDO HOTELS\STAFF REPORT. DOC 8690 EXHIBIT A Condo Hotel Trends - A Look at the Big Picture in Vacation Home Ownership By Joel Greene .............................................................................................................................................................................................................................................................................................................................................................~ . . ; Condo hotels are one of the hottest products in today's real estate market. New properties are j cropping up in different parts of the country and new buyers are entering the market daily. Things have been moving so quickly in terms of condo hotels, but sometimes it's worth taking a moment to step back and look at the big picture. Condo Hotels In General: There is a spreading enthusiasm about the condo hotel concept. More people are recognizing its potential and therefore creating demand for more inventory. Condo Hotel Buyers: The average buyer is 35-50 years old. Buyers for Florida properties, where condo hotels are most prevalent, come from all over the U.S. On the international front, most foreign buyers interested in U.S. property are from South America and Europe. The vast majority of buyers want condo hotel units primarily as investments and are focused on the potential for appreciation with the side benefit of hassle-free ownership. They see the ability to actually use their condo hotel unit as a vacation home as important but secondary to their goal of investment diversification. Condo Hotel Market: Virtually every single property that has come on the market to date has sold out in pre-construction. Most of these properties are mega high-rise buildings with on average 200-500 units, and with some in excess of 1,000 units. The speed with which these properties sell out is often as surprising to buyers as it is to the developers themselves. For example, the MGM Grand in Las Vegas, a 576-unit condo hotel, was j expected to sell out in two years. It sold out in two months! The Platinum, a 255-unit property in 1 Las Vegas, also sold out in just a matter of a couple months. ; Hot Areas: South Florida continues to be an extremely popular area and one that has shown strong and steady appreciation. As already mentioned, the condo hotel trend which began in South Florida has now spread out west. Las Vegas is leading the pack with many new condo and condo hotel developments in all price ranges being built. Growth in Florida: Looking at South Florida, it's easy to see what is happening. Miami Beach, the hottest area, is all built up. There just isn't any undeveloped land. That's causing a couple of : things to happen. Developers are heading to the northern end of Miami Beach (North Beach) and j A new trend is developers buying existing structures in Miami Beach and either upgrading them, as in the case of The Mimosa which was the former Brazil Motel, or knocking them down and starting over, as in the case of One Bal Harbour in which a multi-family, high-rise building (Harbour House) was demolished and a five-star condo hotel built in its place. Finally, some properties are beginning to crop up inland. These condo hotels may not have . oceanfront views; however, they're within a few short blocks of a beach. Because they're not on 1 L...tQ.~.u9..~~~.QLu~.Q.~.?~u.prgp.~E~.!.~.?.J.~D.9..u~guu!:>,~...P.r..!.~~9....~gE~uu~.~9..Qg.~.!.~.~.!.!y.~...uuuu...u...................u.........................u.....u.........uuuuu.uu......u............! 8691 Properties: The most popular properties continue to be those with a franchise name, one that brings a reputation for four- to five-star quality or a name that is already well-known. A prime example is Canyon Ranch Living in Miami Beach. People recognize the Canyon Ranch name and feel confident that this property will be of the same five-star caliber as its Arizona counterpart. course, it doesn't hurt that this property will have a 60,000 sq. ft. rooftop spa and fitness center. The Selling Process: A lot of properties take reservations of more than half the total project long before they've even prepared their purchase contracts. This means that many of the best units are reserved months before any money changes hands and often before even the first spade of ground has been turned over. Those early investors are seeing some amazing appreciation on their investments. Prices: Like anything for which there is more demand than supply, prices keep going up, up, up. Developers often raise their prices 3-5 times from when they start selling until they sell out. Developers are no longer discounting prices at the beginning of the selling process when they are anxious to get a few sales under their belt. This used to be common practice; it is no more because demand is so great. There are sometimes, however, some price adjustments made at the very tail end of the sellout phase when developers want to close out their property and move on to their next project. Generally speaking, with regard to price, the best time to get in is usually early on in the first pre-construction offeri ng. Quality: Most condo hotels being built are of four- to five-star quality. The reason is two-fold: 1) There is demand for the types of services provided by four- and five-star properties, and 2) Oceanfront land is so costly that it makes more sense for the developer to put in a luxury property with units that he can sell at a premium price rather than lower priced units. Financing: It's getting a little easier to get condo hotel financing. There was a time when most banks and mortgage companies weren't even familiar with the term condo hotels. They now know it and also recognize the viability of these properties. They are more accommodating in expediting these loans. Contracts: Contracts that allow assignability have become rare. In the past, at some properties buyers could place a deposit on a unit in the pre-construction phase and then flip their unit prior to when they had to close. Developers now want to be sure that they don't compete to sell their last few units with investors who purchased early at pre-construction prices and are now re- selling them at below the developer's current prices. Resales: Some condo hotel unit resales come on the market. Of course, this is to be expected. Some of the earliest buyers now want to move on to something or somewhere else. However, the resale market is still relatively small, and it's hard to find a bargain. Advice to New Buyers: How can buyers choose a condo hotel unit that will be a good investment? It's best if they can work with a real estate broker who specializes in condo hotels and can make them aware of all products on the market. Aside from that, they should look for Lnn!.~.~...f.9..!Jq.~.!.Q.gn..~.!.~.!:n.~.Q.~.?.:.nn.......nnn.mm.n.....m.....nmmm.............nmn........nnmn..m...n..............mnm.n.....m....m......n.mn.m.........nn.nnnmm.mm.m........nmmmm.........nn.....nm. 8692 [""i'o'c'at'i'o'n.:mR:'e'a'ju'esta'temjsu'a'j'jma'bo'u't'Uj'ocaii'o'n~u'fiea'chfr'o'ntu'p'rope'rti'esu'i'nu's'outh"'i=i'orl'da,uhavemdo'n'e.mum.mu.uj : exceptionally well in recent years. Their appreciation has been significant. If you prefer a : i property that is not on the ocean, it's a good idea to select one in an area where you can expect i i to have business driven to your property, such as near a major convention center or in i ; Downtown Miami near the financial district. I" Franchise: It's always safest to go with a major company, well-known internationally. Four Seasons, Hilton, Starwood, Rosewood, Setai and Trump are excellent examples. Ask yourself, i would you likely stay in a Holiday Inn for $69 or the independent hotel across the street for $627 i Many investors or hotel guests will pay a little more for the comfort level they get with a well- i Management Company: Compare the management companies and their rental sharing program. You will likely feel more comfortable investing your money in a condo hotel with an experienced, top-notch management company vs. an independent operator. Also, it's worth noting that an established management company does worldwide marketing and likely has a state-of-the-art reservation system that will help ensure your unit is rented as much as possible. :.mu~.!!!.~J~...?g.Y..r.~~u~...mb.~~pll~.?;.!.!J.~A~.!.~!.~~.:.~g.D::l/mmuuu....uumumu...........mumum.muuu......mmuA.~.!.~!.~.u?.y..!?r:n.i.~.~~9..:._uAYug.~.~.t~f.....?.qQ.4......! 8693 EXHIBIT B Chapter 2, Section 6.F. Mixed Use Zoning Districts TABLE 6F-l SCHEDULE OF PERMITTED PRINCIPAL, ACCESSORY AND CONDITIONAL USES USE GROUPfUSE MU-L ZONE MU-H ZONE Residential or Lod2in2 Use Group Bed and Breakfast C N Boutique Hotel N C6 Hotel C P Hotel. Extended Stay C P Home Occupation P P 16. Definitions. The following are supplement definitions applicable only to the Mixed Use Zoning Districts, and therefore take precedence over definitions in other portions of the Code in case of conflict. Hotel: A building or portion thereof containing twenty (20) or more guest rooms, efficiency units or suites designed for the temporary lodging of transient guests rented on a daily basis and occupied by the same occupant for less than thirty (30) consecutive days. Ancillary facilities may include conference facilities, restaurants, bars, recreation facilities, ballrooms, banquet rooms and meeting rooms. Access to the guest quarters shall be through an inside lobby and corridors or from an exterior court which is within a secured area. The hotel rooms may be under single ownership or may be owned individually. provided all rooms are under single management. which provides for central reservations and maid services. and receipt and disbursement of keys and mail by the attendant at the desk in the lobby or office. No hotel unit shall be converted to or used as a multifamily dwelling without the prior approval of the City Commission and compliance with all applicable land development regulations and the comprehensive plan. Hotel, Boutique: A small luxury hotel containing ten (10) to twenty (20) guest rooms. Meal service is usually breakfast only, but in some instances high-quality dinner and/or lunch service and room service may also be provided. Hotel, Extended Stay: Any all-suite hotel that provides visitors with a full kitchen and more than 5% of its rooms are oooupied for at least thirty (30) days and no more than one hilllcked and eighty (180) days. where no room is occupied for more than one hundred and eighty (180) days in a calendar year by the same occupant. The hotel rooms may be under single ownership or may be owned individually. provided all rooms are under single management. which provides for central reservations and maid services. and receipt and disbursement of keys and mail by the attendant at the desk in the lobby or office. Compliance with the length of stay limitation in this paragraph shall be certified by affidavit of the licensee at the time of issuance and renewal of the applicable City occupational license. Management shall maintain a guest register for each twelve (12) month period following issuance and renewal of the occupational license that shall be available for inspection by the City. upon written request. for a minimum of twelve (12) months following the close of the prior twelve month period. No extended stay hotel unit shall be converted to or used as a multifamily dwelling without the prior approval of the City Commission and compliance with all applicable land development regulations and the comprehensive plan. 8694 VII. Pulled Consent Agenda Items Any person who decides to appeal any decision of the Community Redeve]opment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Doug]as Hutchinson at 56]-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request VIII. Old Business Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. IX. New Business Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request x. Commission Action Any person who decides to appeal any decision of the Conununity Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably acconunodate your request. XI. Director Report Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the eRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request MEMO To: From: Date: Subject: CRA Board Douglas Hutchinson July 6, 2005 Directors Report . Way-Finding Signage Program - Guidance Pathways Systems is providing the corrected permit application packages to be re-submitted to the County and State. LB . Design Guidelines Overlays - The document has been given back to RMPK Group for their next revision. We are now working with City Staff to move through the Mixed-Use issue. The project is about 90% complete. The target dates are for workshop in August, CRA Board in August, the City in September. VB . Unified Update CRA Plan: The plan has had significant revisions for content, style, graphics, etc. The project is about 95% complete. The target dates are for workshop in August, CRA Board in September, the City in September. VB . Land Development Regulation (LDR) - Re-write of LDR's will be done by the City Planning Staff and the CRA. The target dates are for workshop in August, CRA Board in September and, the City in September. VB . Community Real Estate Trust - Draft articles and By-Laws are complete for presentation to steering committee. VB . Mangrove Purchase - Survey complete. Appraisal complete. Direction options to be presented in the 2005/2006 Budget. . Marina Purchase - Survey complete. Appraisal complete. Direction options to be presented in the 2005/2006 Budget. Annette's Shares Y:\Monthly Directors Reports\2005\Directors Monthly Status Report July Meetings.doc 8695 . Savage Creatures Team - Site permits and project design issues concepts are being further assessed on key elements issues. The project is being prepared for presentation for Concept Approval for September or October 2005 Workshop. DH . Trolley System: . Trolley Operations - The actual openinq for the Conqress Avenue Trolley beqan on 7/5/05. We expect the Ocean Avenue Trolley to be operational by early Auqust. Staff met with the Kidd Group for the Trolley Marketinq Implementation. A Trolley web site. brandinq and advertisinq opportunities will be rolled out by the end of the month. LB . Trolley Grants - Federal Transit Administration (FT A) - Staff is scheduled to participate in the required "Team Based Grants Online Application" traininq in either Auqust or September. FTA requires an online application to receive our "Earmarked" fundinq in the total amount of $242,945 of which $158,484 is available for FY 2005. LB . Genesis Business Program - A roundtable is scheduled for 7/14/05 with the focus on an assessment of members, mentor assiqnments and evaluatinq a qroup marketinq effort. LB . Interim Audit - Due to the departure of the previous controller, it has been suqqested that an Interim Audit be performed. This audit will not only focus on potential discrepancies within the system, but also allow staff to reconsider and consolidate the chart of accounts. overall effectiveness of the produced financials and the Carillon accountinq software. The cost of this audit is $4,900.00 and would beqin at the end of July with produced results as early as September, 2005. This audit would not replace our Annual Audit for FY 2005. . Staffing - Staff recommends to both the director and the board hirinq Marqee Adelsperqer as the Events Coordinator at a salary of $45,000 per annum. Ms. Adelsperqer has spent over eiqht years in the hospitality industry handlinq various special events. public relations and the media. (see attached resume). 8696 Annette's Shares YIMonthly Directors Reports\2005\Directors Monthly Status Report July Meetings.doc . Annual Report - The 2003/2004 Annual report is in preproduction staqe with no actual publish date at this time. LB . Events - Planninq and coordination has bequn on the Community Development Forum scheduled for 9/22/05. Staff met with the Parks & Recreation Department, the Chamber of Commerce and the City reqardinq collaboration and communication for all CRA events. Staff will be outlininq our recommendations by the end of July. LB Notes Palm Beach County Convention and Visitors Bureau (CVB) June 8th, 2005 Meeting. Hiqhliqhts Hotels . Record Setting Numbers in Revenues, Rates, and Occupancy. . Occupancy 84.8% and 81% annual rate to date. . Room rates way up - $182 average per. . Reservation & Ticket sales system on CVB web site (So get going now!) . July / August Testing of System . Web Site use records are being set with strong indications that browsers will buy as a single source at the site if given the ability. Airport Records Set in Passenqer Counts Convention Center - Ahead of schedule; $1,400,000 loss projected but $850,000 now projected. Need rooms; 4,000 rooms short. Marketinq Report - Aggressive bidding on magazine packages with new study demographics focused on. 8697 Annette's Shares Y:\Monthly Directors Reports\2005\Directors Monthly Status Report July Meetings.doc 626 North Lakeside Drive Lake Worth, FL 33460 Phone (561) 533-7922 Fax (561) 540-8379 E-mail merg23@earthlmknet l8L'. 6l.p/. ltJ~r;;.~ Margee Adelsperger PROFILE Team leader with superior interpersonal skills and well-developed rommunication abilities. Natural ability to develop and sustain key professional relationships. Enthusiastic team player with valuable experience in achieving maximum media exposure of luxury product through strategic partnerships. public relations and marketing campaigns. Proficient in Microsoft Office XP, Lotus Notes and Maximizer 8. PROFESSIONAL EXPERIENCE Manager, Public Relations 2002 - present The Bteakers Palm Beach, Florida Responsible for all public relations efforts for AAA Five Diamond. 560 room resort including spa. two golf rourses, seven on-site restaurants and nine retail stores. Served as rompany spokesperson with focus directed towards maintaining and building relationships with the south Florida media market. . Responsible for implementing all brand positioning and strategic marketing messages such as seasonal ronsumer promotions . Facilitated national and local media familiarization trip and televised roverage for grand opening of The Breakers Rees Jones@ Course, located at Breakers West in West Palm Beach . Managed $75K rommunications budget utilizing national public relations agency . Generated over $8M in ad value through national and local editorial media coverage Effectively trained and supervised marketing intems Executive Assistant, Marketing 1998 - 2002 The Breakers Palm Beach, Florida Responsible for organized support and roordination of activities for the Director of Marketing and Director of Corporate Communications, with emphasis placed on the facilitation of issues relating to media and press activities. Coordinated al/ media visits, including room reservations, air and ground transportation, dining, spa appointments and interviews with key members of The Breaker' management team Efficient in coordinating al/ office duties, including scheduling intra- and interdepartmental meetings, media direct mail, and maintaining supplies and press releases for all media-related inquires 8698 Confd - Resume, Margee Adelsperger Executive Assistant, Sales 1997 - 1998 Devonshire at PGA National Palm Beach Gardens, Flonda Responsible for organized support and coordination of activities for the Director of Sales and Sales Team within busy sales office of luxury lite care retirement resort. Skilled in payroll processing Coordinated marketing promotion and ad campaign for sales seminars Monitored client data base on ACT I and II programs Conducted tours of construction site with potential dients Executive Assistant, Administration 1995 - 1997 Burt Reynolds Theater (B.R.I. T. T.) West Palm Beach, Florida Responsible for organized support and coordination of activities for the Executive Director of non-for-profit theater training organization Directly responsible for ticket sales and annual memberships to newly constructed theater Coordinated volunteers for matinee and nightly shows Assisted Director with development of summer theater workshops for children EDUCATION 1984 - 1985 Brown Institute of Broadcasting Ft Lauderdale, Florida 1976 - 1978 Palm Beach Community ColleQe West Palm Beach, Florida Associate of Arts, Communications PROFESSIONAL MEMBERSHIPS Palm Beach County Visitor's Bureau Public Relations Sub- Committee 2002 - present 8699 XII. Board Member Comments Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request XIII. Legal Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. XIV. Other Items Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. XV. Future Agenda Items A. Consideration of Interlocal Agreement with the City of Boynton Beach for the Boynton Beach Boulevard Extension, Promenade and Riverwalk. (August). B. Consideration of the Old High School Agreement (August). D. Consideration of Interlocal Agreement between the CRA and the City for the MLK Phase I Project (July). E. Consideration of Interlocal Agreement between the CRA and the City of Boynton Beach for Events and Festival services (TBD). F. Consideration of Design Modification for Drainage Improvements on 4th Street. (TBD). G. Consideration of Workshop Meetings to be held in the CRA Conference Room 107 on the Following Dates: 1. Monday, July 18th, 2005 at 6:30 p.m. (Place TBD) · Heart of Boynton Plan Workshop. 2. Thursday, July 21st, 2005 at 6:30 p.m. at 639 E. Ocean Ave, Suite 107 · Consideration of 2005-2006 Budget. 3. Thursday, August 18th, 2005 at 6:30 p.m. at 639 E. Ocean Ave, Suite 107 · Consideration of Human Resources Policy Recommendations. · Consideration of CRA 2030 Plan, Design Guidelines and CRA Land Development Regulations (LDR). 4. Thursday, September 15th, 2005 at 6:30 p.m. at Holiday Inn Catalina on Congress Avenue · Consideration of Feasibility of Attraction Complex. · Consideration and Review of Parks and Recreations plans for CRA Parks. Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The eRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. XVI. Future Project Preview Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request XVII. Adjournment. Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the eRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. \..C ~ '-.) ~ ~ .~ ~ ~ ~~= .c (.) co 0) m ~ o c..... CO ~ ::E~ ~m 0.... -- CO ..... CO.c (.) ~ 0_ ..J(.) 0) C) CO .... -- s- O) J: ; SJllU'l ~:> ~ ~ e 0) .....-.... ..c I E co C') ~ .- Q. 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(1) .!! tn.- (1) oC (1) (1) co (1) 1: B .- ~ (1)... (.) (1) en oC'C oCOoC oCO~ oCo~ oCO>< I-co l-oCl- I-Cco 1-... co 1-(.)(1) . . . . . COMMUNITY REDEVELOPMENT AGENCY Schedule of Regular Meetings 2nd Tuesday of each month Commission Chambers Boynton Beach City Hall 6:30 P.M. PLANNING & ZONING AGENDA ITEMS July 12, 2005 Old Business None New Business A. Zonim! Code Variance 1. PROJECT: 2623 Lake Drive North (ZNCV 05-002) AGENT: Jeff Tomberg OWNER: John Trach LOCATION: 2623 Lake Drive North DESCRIPTION: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.C.2, regulating the maximum lot coverage, to increase the maximum lot coverage from 35% to 38.5% for a single- family residence within the R-1-AA Single-family Residential zoning district. 2. PROJECT: 2625 Lake Drive North (ZNCV 05-003) AGENT: Jeff Tomberg OWNER: Avon Investments, Inc. LOCATION: 2625 Lake Drive North DESCRIPTION: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.C.2, requiring a seventy-five (75) foot minimum lot frontage to allow a 22-foot variance, resulting in a fifty-three (53) foot minimum lot frontage within the R-1-AA Single-family Residential zoning district. Community Redevelopment Agency July 12,2005 Page 2 3. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: B. Heritage Club at Boynton Beach 625 NE 15th Place (Deasy Variance) (ZNCV 05-005) Maryanne and John Duncan Maryanne Deasy 625 NE 15th Place Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.C.2, requiring a ten (10) foot side yard setback to allow a six (6) foot variance, resulting in a four (4) foot side yard setback for a screen enclosure within the R-1-AA Single-family Residential zoning district. Land Use Plan AmendmentJRezonin2 1. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Proposed Use: Heritage Club at Boynton Beach (LUAR 05-005) Michael Weiner, Esquire, Weiner & Aronson, P.A. Thirty Six Hundred Holdings, LLC Northwest comer of the intersection of Federal Highway and Gulfstream Boulevard Request to amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial to Special High Density Residential; and Request to rezone from C-3 Community Commercial to PUD Planned Unit Development. Mixed use development containing 19,500 sq. ft. of commercial development (office, retail, restaurant) and 166 multi-family residential units. Community Redevelopment Agency July 12,2005 Page 3 Heritae:e Club @ Bovnton Beach cont'd. New Site Plan 2. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Heie:ht Exception 3. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Heritage Club at Boynton Beach (NWSP 05-014) Michael Weiner, Esquire, Weiner & Aronson, P.A. Thirty Six Hundred Holdings, LLC 3629 South Federal Highway Request New Site Plan approval in order to construct 70 townhouse units, a four (4)-story mixed-use building consisting of 84 dwelling units, 3,500 square feet of restaurant, 4,100 square feet of retail, and 5,164 square feet of office. The site plan also includes a three (3)-story mixed- use building consisting of 12 dwelling units, 5,394 square feet of retail, and 1,380 square feet of office, all of which, are proposed on an 8.302-acre parcel zoned PUD Planned Unit Development. Heritage Club @ Boynton Beach (HTEX 05-004) Jason S. Mankoff, Weiner & Aronson, P.A. Thirty Six Hundred Holdings, LLC Northwest comer of the intersection of Federal Highway and Gulfstream Boulevard Request for a height exception of 10 feet pursuant to the City's Land Development Regulations, Chapter 2, Zoning, Section 4.F.2, to allow the decorative towers to be 55 feet in height, a distance of 10 feet above the 45-foot maximum height allowed in the (PUD) Planned Unit Development zoning district. Community Redevelopment Agency July 12, 2005 Page 4 C. Schnars Building (Patel) New Site Plan 1. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Schnars Building (Patel) (NWSP 05-022) J. Ernest Brady, Stephen James Inc. Anand D. Patel (Contract Purchaser) 924 N. Federal Highway Request for Site Plan approval for a three (3) story, 8,754 square foot office/retail building in a Mixed Use Low (MU-L) zoning district. D. Condominium Hotels in Mixed Use Districts Code Review 1. PROJECT: AGENT: LOCATION: DESCRITPTON: Condominium Hotels in Mixed Use Districts (CDRV 05-013) Staff-initiated Mixed Use-High Intensity (MU-H) and Mixed Use-Low Intensity zoning districts Request to amend the Land Development Regulations, Chapter 2, Section 6.F. Mixed Use Zoning Districts to add "Hotel, Extended Stay" as a permitted use in the Mixed Use-High Intensity (MU-H) zoning district; as a conditional use in the Mixed Use-Low Intensity (MU-L) zoning district; and to amend the definitions of "Hotel" and "Hotel, Extended Stay" to include condominium hotel units. S:\Planning\SHARED\WP\AGENDAS\CRAB\CRA P&Z Agenda items 7-12-05.doc