Agenda 08-09-05
BOYNTOl'4 SEACH
Tuesday, August 9, 2005
Commission Chambers
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, July 12th, 2005 Meeting - 8706
B. Financial Report - June 30, 2005 - 8723
C. Consideration of Florida Employer Solutions Agreement to perform a
Human Resources Study. - 8728
D. Authorization for Utility Easement of the northern portion of CRA Property
for Boynton Beach Boulevard Extension Project. -8734
E. Consideration of TUG's Supplement to Task Authorization CRA03-02 for
continued real estate acquisition services in the Heart of Boynton. - 8739
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. 8700
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.
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V. Public Audience
VI. Public Hearing
A. Uptown Lofts @ Boynton Place
Abandonment
1. PROJECT:
Uptown Lofts @ Boynton Place (Gulfstream
Lumber) (ABAN 05-003) - 8742
AGENT:
James Vitter, Kimley-Horn Associate, Inc.
OWNER:
Gulfstream Lumber
LOCATION:
Northwest corner of Woolbright Road and Federal
Highway
DESCRIPTION:
Request for abandonment of a portion of a 50-foot
right-of-way (SE 3rd Street of f.ka. Alden Street).
New Site Plan
2. PROJECT:
Uptown Lofts @ Boynton Place (Gulfstream
Lumber) (NWSP 05-021) - 8743
AGENT:
James Vitter, Kimley-Horn Associates, Inc.
OWNER:
Gulfstream Lumber
LOCATION:
Northwest corner of Woolbright Road and Federal
Highway
DESCRIPTION:
Request site plan approval to construct a mixed-use
development consisting of 43,361 square feet of
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. 8701
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.
Nicole's Shares Z:\Agenda\CRA Agenda Aug 9 2005.doc
retail, 474 multi-family dwelling units, and 20
townhouse units, on a 14.58-acre parcel in the Mixed
Use-Low zoning district.
B. The Arches
Maior Site Plan Modification
1. PROJECT:
Arches (MSPM 05-008) - 8744
AGENT:
Bonnie Miskel, Esq., Kim Glas-Castro, AICP
Ruden McClosky
OWNER:
Boynton Ventures I, LLC
LOCATION:
Southwest corner of Ocean Avenue and Federal
Highway
DESCRIPTION:
Request major site plan modification approval for the
construction of a large scale mixed-use project
consisting of 378 dwelling units and 38,599 square
feet of retail on .:1:4.68 acres in the Mixed Use-High
(MU-H) zoning district.
Heiaht Exception
2. PROJECT:
Arches (HTEX 05-006) - 8745
AGENT:
Bonnie Miskel, Esq., Kim Glas-Castro, AICP
Ruden McClosky
OWNER:
Boynton Ventures I, LLC
LOCATION:
Southwest corner of Ocean Avenue and Federal
Highway
DESCRI PTION:
Request for a height exception of 17 feet pursuant to
the City's Land Development Regulations, Chapter 2,
Zoning, Section 4.F.2, to allow the top of the elevator
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. 8702
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 56] -737-3256 at least twenty-four hours prior to the program or
activity in order for the CRA to reasonably accommodate your request.
Nicole's Shares Z:\Agenda\CRA Agenda Aug 9 2005.doc
shafts and stair towers to be 167 feet in height, a
distance of 17 feet above the 150-foot maximum
height allowed in the Mixed Use-High (MU-H) zoning
district.
C. Chow Hut
Maior Site Plan Modification
1. PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
D. R-O-W Widths in PUD
Code Review
1. PROJECT:
AGENT:
Code Section:
DESCRIPTION:
Chow Hut (MSPM 05-007) - 8746
George Brewer
Anthony J. Mauro and Dough Peters
558 NE 22nd Avenue
Request for Major site plan modification to construct a
1,718 square foot addition to an existing 702 square
foot building for a 2,420 square foot restaurant on an
8,060 square foot parcel zoned Neighborhood
Commercial (C-2).
R-O-W Widths in PUDs (CDRV 05-014) - 8747
Staff-initiated
Part III Land Development Regulation, Chapter 2.5
Planned Unit Development, Section 9.F
Request to amend the Land Development
Regulations, Chapter 2.5, Section 9, Internal PUD
standards, paragraph F. RIGHT OF WAY to allow
secondary roadways within a PUD to be approved
with right-of-way widths of less than 40 feet.
VII. Pulled Consent Agenda 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. 8703
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.
Nicole's Shares Z:\Agenda\CRA Agenda Aug 9 2005.doc
VIII. Old Business - None
IX. New Business
A. Consideration of Interlocal Agreement for the Old High School Adoptive Re-
use. -8748
B. Consideration of Interlocal Agreement of the Boynton Beach Promenade
Project Extension. - 8760
C. Consideration of 4th Street Project Upgrades. - 8771
D. Consideration of "The Promenade" Direct Incentive Agreement Extension
Request. - 8774
X. Board Member Comments
XI. Director's Report - 8778
XII. Legal
XIII. Other Items - None
XIV. Future Agenda Items
A. Special Meeting:
1. Tuesday. August 30th at 6:30 p.m. City Chambers
· Consideration of Requests from Arches Project
· Workshop - 2nd Consideration of 2005-2006 Budget
B. Workshop Meetings to be held on the following dates:
1. Thursday. Auaust 18th at 6:30 p.m. Suite 107
· Consideration of 2005-2006 Budget
2. Thursday. September 22nd at 6:30 p.m. Suite 107
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. 8704
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.
Nicole's Shares Z:\Agenda\CRA Agenda Aug 9 2005.doc
. Consideration of Human Resource Policy Recommendations
· Consideration of CRA 20/30 Plan, Design Guidelines & CRA
Land Development Regulations (LDR)
3. Thursday. October 20th at 6:30 p.m. at Holiday Inn Catalina
. Consideration of Feasibility of Attraction Complex
4. Thursday, November 17th at 6:30 p.m. Suite 107
. Consideration and Review of Parks & Recreation plans for
CRA District
C. Future Project Preview - September 15, 2005
1. In-Town Development Group - Samantha Simon
2. Ocean Breeze Townhomes - Larry Finkelstein
3. HOB Self-Assembly Group - Frank Chirkinian
XV. Future Project Preview - None
XVI. 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. 8705
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.
Nicole's Shares Z:\Agenda\CRA Agenda Aug 9 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 gUidelines represent a generalized procedure for conducting quasi-jud'clal heanngs and are subject to modification on a case-by-
case basis The controlling pnncipal is that all Interested part,es have the opponunlty to offer testimony. eVidence and conduct cross-
examination of witnesses
2 An Intervenor can be a person or a bUSiness. or even another government entity, who claims to have a direct and personal Interest In the
pending matter and who wants to have the same legal nghts and responsibilities to participate In the publiC heanng as the actual parties
have For example. an Intervenor may also quest,on the witnesses presented by parties and other Intervenors. and can call ItS own
Witnesses, who will be sworn to tell the truth and will be subject to poss'ble cross-examination by the pan,es and other Intervenors The
deCISion whether to grant Intervenor 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 bnefly on hiS
or her own behalf, either to present facts or to state opinions. but cannot question Witnesses, present witnesses. and so forth
It SllOUld be noted that being an Intervenor In a matter under conSideration by the Board does not guarantee that the Intervenor can
challenge or appeal the final deCISion in a Judicial or adlTIln'strative proceeding Also, being an Intervenor here may not even be a
prerequ,slte to filing a challenge or appeal of the final deCISion depending upon what state laws or courl rules require
C IMonel_Nlcole SnaresILegaIIQuASI.JUDICIAL PROCEDURES 15 MIn Max 5_05 doc
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY
QUASI-JUDICIAL PROCEDURESl
1. Ex parte disclosures by eRA Board Members.
2. The CRA Attorney outlines the hearing procedure, including a statement that
iLUY 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 opi.ninn~ ann make rec<'lmmendations for inclusion in "Conditions
of Approva1." (The eRA generally limits City staff presentations to 15
minutes).
7. eRA staff members offer their comments and recommendations (The eRA
generally limits eRA staffpresenlatiuIl:> tu 15 minutes).
8. The Applicant presents its case, including acceptance or objection to propMP.rl
conditions of approva1. (The eRA generally limits applicant presentations to
15 minutes).
1 The guidelines repfe8ent a generalized procedure for conducting quasi-judicial hearing!! and arC subject to
modification on a ca.'Ie-by-case basis. The controlling principal is that all interested parties have the opportunity to
offer testimony, evidence and condl1ct t:mss-p.lCllminlltion of witnc!lses.
2 An intervenor can be II person or a business. or even another government entity, who claims to havc a elirect and
personal mterest In the pending matter and Who wants [0 have LIlt: SilIUt: lC;~1II1ight6 and rc;:spon:sibiliH~ to pmticipllto j"
the public hearing as the actual parties have. For example. an intervenor may also question the witncsses pre.'lented by
partics llnd other intervenors, and can call ils own witncsses, who will be SW01T1 tl) tell the truth and will be subjc~~ \.()
possiblc cross-examlnatlon hy the parties amI utll.\:r iutel vc;uu!:l. TIle dec.i"ion whdh~t to St"8Jlt inteTVcnor :;tQtu6 will be
made by the Board.
Someone who docs 1;1\)1 '1ualiry to 1Jt: all iUlt;1 V\;!LU1, or c,(,uld qualify but jvst doc", not wont to be ono, may be alIoWQc.l (0
speak briefly on hi~ or her own behalf. either to present facts or to state opinion!;, but cannot quoati.on witnesses. present
witnesses. and so forth.
It should be noted that being an intervcnor in a matter under consideration by the Board does not guarantee that the
intervenor can challenge or appeal the final decision in a judicial Or administrative proccedin.g. Also. bcing an
iIU.t:I'VtlIlUJ h\;J~ III"'Y !lot cvcn be oil prel'cqui~itc to filing a challenge or nppoll! of the lin:il decision d.c-pet:lding upon what
state laws or court roles require.
9. Intervenors present their cases, offer their facts and opinions, and cross-
examine previous witTI.esses. (The CRA generally limits intervenors
presentations to 15 minutes).
10. Members of the public offer their facts and/or opinions. (.I.'he eRA generally
limits public presentations to 3 minutes).
11. Intervenor rebuttal/final comments. (The eRA generally limits intervenor
rebuttal presentations to 3 minutes).
12. Applicant rebuttal/final comments. (The eRA generally limits applicant
rebuttal presentations to 5 minutes).
13. Staff rebuttal/final comments. (The eRA generally limits staff rebuttal
presentations to 5 minutes).
14. CRA questions and deliberation / decisions.
1:\Client DOCUJTM:nt.~\Boyntlm Beach CRA\2419..o00\QuASI-JlIDTCJAL PROCEDURES_due
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, JULY 12, 2005 AT 6:30 P.M.
Present:
Jeanne Heavilin, Chairperson
Henderson Tillman, Vice Chairperson
Alexander DeMarco
Don Fenton
Marie Horenburger Carr. 6:38 p.m.)
Doug Hutchinson, CRA Director
Ken Spillias, Board Attorney
Absent
James Barretta
Steve Myott
I. Call to Order
Chair Heavilin called the meeting to order at 6:30 p.m.
II. Roll Call
The Recording Secretary called the roll and declared that a quorum was present.
Mr. Hutchinson introduced three new CRA staffers: Lisa Bright, Assistant Director, in her fourth week
with the CRA; Margee Adelsperger, Events Coordinator, who will begin work in August and Robert
Reardon, Controller, who will begin work full time next week.
III. Agenda Approval
A. Additions, Deletions, Corrections to the Agenda
The following items were pulled from the Consent Agenda for discussion. Chair Heavilin pulled the
approval of Minutes of the June 9, 2005 meeting. Vice Chair Tillman pulled the Fa~ade Grant
Reimbursement to the Delray-Boynton Academy. Attorney Spillias pulled the Consideration of
Property Exchange Agreement Between St. Paul AME Church and the CRA.
Don Fenton asked to move the Interim Audit and Staffing items from the Director's Report to follow
the Consent Agenda.
B. Adoption of Agenda
Motion
Vice Chair Tillman moved to approve the agenda as amended. Mr. DeMarco seconded the motion
that passed 4-0.
IV. Consent Agenda
A. Approval of Minutes - June 6, 2005 Meeting*
B. Financial Report - May 31, 2005
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Community Redevelopment Agency
Boynton Beach, Florida
July 12, 2005
C. Consideration of the Boynton Beach Boulevard Self-Assembly Group Redevelopment
Incentive Grant - $15,000.00
D. Consideration of Property Exchange Agreement between St. Paul AME Church and
the CRA *
E. Consideration of Award of the Retail Demand Analysis - The Chesapeake Group -
$24,500.00
F. Consideration of Placing an Ad in the 2006 Greater Boynton Beach Chamber
Business Guide
G. Fac;ade Grant Application - Sea Mist Marina, Inc. $8,750.00
H. Fac;ade Grant Application - Ocean Chiropractic Center - $14,678.75
I. Fac;ade Grant Reimbursement - J. Kent MacMillian - $15,000.00
J. Fac;ade Grant Reimbursement - Delray-Boynton Academy - $15,000.00*
K. Molly's Trolleys Reimbursement Expenses - $34,620.49
L. Assembly and Redevelopment Incentive Grant Reimbursement - SEBOF -
$7,494.80
*These items were pulled for discussion.
Motion
Vice Chair Tillman moved to approve the Consent Agenda as amended. Mr. Fenton seconded the
motion that passed 4-0.
Chair Heavilin called Kent MacMillian forward to accept a $15,000 Fac;ade Grant reimbursement
check, thanking him for his investment in the CRA. Mr. MacMillian expressed appreciation for the
grant reimbursement.
Chair Heavilin recognized Mayor Taylor in the audience.
Consideration of Interim Audit from Director's Report
Mr. Hutchinson proposed a third-party audit of the books, saying that it was just good business
practice to do this when changing controllers. It was not suggested as the result of a suspicion of
improper activity. The audit would focus on potential discrepancies in the system, allow staff to
reconsider and consolidate the chart of accounts, and assess the overall effectiveness of the
produced financials and the Carillon accounting software. In the past the CRA was small, and now
that the staff was in place, they would be changing some protocols and safety measures. He was
impressed with Mr. Reardon's experience and very happy to have him on board. The board agreed
that this was a prudent business practice.
Motion
Mr. Fenton moved to approve the Interim Audit as outlined on Page 8696 of the Agenda. Vice Chair
Tillman seconded the motion that passed 4-0.
8707
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Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
July 12, 2005
Consideration of Staffing from Director's Reoort
Mr. Hutchinson requested board ratification of the Events Coordinator at a salary of $45,000 per
annum, per established procedure of ratification of all hires with salaries above the midpoint.
Motion
Mr. Fenton moved to approve the hiring of the Events Coordinator, Margee Adelsperger, at a salary
of $45,000. Vice Chair Tillman seconded the motion that passed 4-0.
Marie Horenburger arrived at 6:38 p.m.
V. Public Audience
Chair Heavilin opened the floor for the public to speak on items not on the agenda and closed it
when no one came forward to speak.
VI. Public Hearing
Attorney Spillias asked whether any board members had ex parte communications with any of the
individuals coming before the board at this meeting.
Chair Heavilin stated that she had spoken to Michael Weiner two months previously about the
Heritage Club project. Ms. Horenburger stated that she had a brief conversation with the
representatives of Heritage Club after the last CRA meeting.
Attorney Spillias outlined the Quasi-Judicial Board procedures and swore in all persons who would be
speaking during the Public Hearing.
Old Business - None
New Business
A. Zoning Code Variance
1.
Project:
Agent:
Owner:
Location:
Description:
2623 Lake Drive North (ZNCV 05-002)
Jeff Tomberg
John Trach
2623 Lake Drive North
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-l-AA Single-Family Residential zoning
district
Eric Johnson, Planner, presented a summary of the request, stating the request was generated as a
result of the owner's wanting to build a solid-roofed screen enclosure at the rear of the house. This
enclosure conflicts with the current maximum lot coverage in R-l-AA zoning districts of 35%. The lot
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Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
July 12, 2005
coverage with the proposed project would be 38.5% or a variance of 3.5%. Staff had not received
any letters in support or denial from the surrounding property owners. Staff recommended that the
project be denied for lack of traditional hardship. The board may wish to consider, however, that an
ordinance to amend the LDR to allow maximum lot coverage of 45% in R-1-AA zoning districts had
passed first reading at the City Commission and was scheduled for second reading on July 19,2005.
If the ordinance passed, this issue would be moot.
Attorney Jeff Tomberg appeared on behalf of the owners, Mr. and Mrs. John Trach. He stated
that there was a pending Code Enforcement issue on this property for the addition of a balcony that
would be between the first and second floor of the home. The variance was being sought because
his clients hired a contractor to put in a balcony, assuming he had pulled the appropriate permits
and gotten the appropriate permissions. The contractor proceeded to erect the balcony. Code
Enforcement notified the Trachs that they were in violation of the City's Code. If the variance were
not granted, it would seem unfair to have the Trachs tear down the balcony now and come back for
a new permit if the new LDR ordinance were approved at the next City Commission meeting. The
Code case had not proceeded to the fine stage and was not going to be heard again until the
September Code meeting.
After discussion by the board, it was decided to continue this item pending Commission action.
Motion
Ms. Horenburger moved to continue request ZNCV 05-002 until the next regularly scheduled CRA
meeting pending Commission action. Vice Chair Tillman seconded the motion that passed 5-0.
2.
Project:
Agent:
Owner:
Location:
Description:
2625 Lake Drive North (ZNCV -05-003)
Jeff Tomberg
Avon Investments, Inc.
2625 Lake Drive North
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.
Eric Johnson, Planner, presented a summary of the request for variance, stating the subject property
is comprised of two lots that form a single parcel, zoned R-1-AA. The lots were platted in 1922 as
part of the Lakeside Gardens subdivision. The 0.188-acre parcel is vacant and does not conform to
current R-1-AA zoning district regulations related to lot width. The owner applied for a building
permit to construct a new single-family detached dwelling. From a preliminary review, the placement
of the house would comply with Code, except that the lot frontage does not meet the minimum
required by the R-1-AA zoning district. According to the Code on non-conforming Lots, 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 the applicant has 53 feet of frontage and
not the requisite 60 feet, a deficit of 7 feet. Staff recommended approval of the requested variance
of 22 feet, to reduce the minimum required lot frontage from 75 feet to 53 feet.
Jeff Tomberg, agent for Avon Investments, Inc., asserted that Avon Investments had been
building homes in Boynton Beach for the last eight to nine years. He had built in excess of 100
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Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
July 12, 2005
homes in the Cypress Creek community and was in the process of building and rebuilding in Atlantis
Country Club. They believe that this house would be an asset to the community.
Chair Heavilin opened the floor to the public.
Mike Mrotek, 2624 Lake Drive North, Boynton Beach, speaking on behalf of the Lakeside
Gardens residents, expressed opposition to the granting of this variance because there was a 30%
difference between the Code and the request.
Chair Heavilin closed the floor to the public since no one else came forward to speak.
Jeff Tomberg stated that the variance should be granted because all of the legal criteria necessary
to allow the variance had been met. The house would comply with all setback and other
requirements.
Chair Heavilin voiced the opinion that the City had a number of lots in the City that were platted
many years ago and did not conform to the current Code. She thought the board should continue to
address the 50-foot lot frontage requests as special cases. The board supported her view.
Motion
Mr. DeMarco moved to approve the request (ZNCV 05-003) 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-l-AA Single-Family Residential zoning district. Vice Chair Tillman seconded the
motion that passed 5-0.
3.
Project :
625 NE 15th Place (Deasy Variance) (ZNCV 05
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-l-AA Single-Family
Residential zoning district.
Agent:
Owner:
Location:
Description:
Ed Breese, Principal Planner, stated that the request had been initiated due to the homeowner's
desire to screen an existing pool. The former owner did not take the location into account and as a
result, created a situation that now limits the applicant's ability to construct the enclosure within the
setback regulations. Based on the traditional hardship criteria, staff believed that the variance
request should be denied.
However, the board has previously granted variances for other than hardship criteria, and may want
to consider that: 1) This was not a case where the applicant built the maximum size pool knowing it
would preclude the installation of a screen enclosure and was now requesting to vary the City
regulations to accommodate one; 2) The subject request represents the minimum amount of area
required to screen the pool and deck, based upon the existing improvements; and 3) Staff had not
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Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
July 12, 2005
received any letters of objection and had received many letters of support from adjacent property
owners.
Maryanne Deasy, 625 N.E. 15th Place, Boynton Beach, stated that they wanted a screen
enclosure for two reasons: 1) all the debris that blew into their pool after the hurricanes, and 2) her
allergies to insect bites.
Mr. Fenton inquired about the height of the screen enclosure, and Ms. Deasy responded that it
would not be higher than the one-story house. Mr. DeMarco inquired whether other homeowners in
their neighborhood had screen enclosures on their pools, and Ms. Deasy responded that of the eight
or so neighbors with pools, four homes had screened enclosures. Chair Heavilin asked whether
affixing the support posts to the existing concrete would be a violation. Mr. Breese responded that
the Building Department would require special anchors.
Chair Heavilin opened the floor for the public and closed it when no one came forward.
Marie Horenburger felt that this was a self-imposed hardship since they were aware of the situation
when they purchased the property.
Motion
Mr. DeMarco moved to approve the request (ZNCV 05-005) 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. Vice Chair Tillman seconded
the motion that passed 4-1, Ms. Horenburger dissenting.
B. Land Use Amendment/Rezoninq
Description:
Heritage Club at Boynton Beach (LUAR 05-
005)
Michael Weiner, Esquire, Weiner & Aronson, P.A.
Thirty Six Hundred Holdings, LLC
Northwest corner 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
1.
Project :
Agent:
Owner:
Location:
Request to rezone from C-3 Community Commercial
to PUD Planned Unit Development
Proposed Use:
Mixed use development containing 19,500 sq. ft. of
commercial development (office, retail, restaurant)
and 166 multi-family residential units .
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Community Redevelopment Agency
Boynton Beach, Florida
July 12, 2005
New Site Plan
2.
Project:
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 Planned Unit Development (PUD)
Agent:
Owner:
Location:
Description:
Height Exception
3.
Project:
Heritage Club at Boynton Beach (HTEX 05-
004)
Jason S. Mankoff, Weiner & Aronson, P.A.
Thirty-Six Hundred Holdings, LLC
Northwest corner 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.
Agent:
Owner:
Location:
Description:
All three Heritage Club items were heard simultaneously, since they were integral to the rezoning
request.
Dick Hudson, Senior Planner, reported that the subject property was currently classified as Local
Retail Commercial and zoned Community Commercial. The request is to change the Future Land
Use Map to Special High Density Residential and rezone to Planned Unit Development for the
purpose of building a Mixed Use project containing slightly less than 20K sq. ft. of commercial space,
which includes office, retail, and restaurant space. There are 160 multi-family residential units. Staff
recommends approval for the following reasons:
o The proposed land use amendment and rezoning are consistent with the applicable
Comprehensive Plan policies and also meet the review criteria required for the Land
Development Regulations.
o The project will replace an antiquated and declining strip commercial center with a
mixed-use project that will be an aesthetic and physical improvement at the City's
southern gateway.
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Community Redevelopment Agency
Boynton Beach, Florida
July 12, 2005
o The project supports the "Eastward Ho" Initiative, which emphasizes redevelopment
of the coastal area where infrastructure is already in place as opposed to
encouraging development patterns in the suburban areas to the west.
o 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.
Eric Johnson, Planner, displayed a map that showed the townhouse buildings on the west side and
two mixed-use buildings along Federal Highway. The property in the southeast corner was not part
of the project. The office square footage is 6,544 sq. ft. The retail square footage is 9,494 sq. ft.
Restaurant area is 3,500 sq. ft. There would be 70 townhouse units and 96 multi-family units.
The project meets the Traffic Performance Standards of Palm Beach County, contingent upon the
dedication of a right-turn lane into the development from North Federal Highway. Staff reviewed the
project for concurrency with respect to potable water, sanitary sewer, Police/Fire, drainage, and
school and all conditions were met. There are three points of ingress and egress, two on Federal
Highway and a third on Gulfstream Boulevard.
Mr. DeMarco asked Mr. Johnson if the entrances to the property were one-way or two-way, and Mr.
Johnson explained the configuration of the different ingresses and egresses.
Ms. Horenburger asked how people coming from the west on Gulfstream Boulevard would access
the property. The response was that they would have to go north on Federal Highway and make a
U-turn. She asked if there were a plan for a U-turn lane and the response was affirmative. There is
no ingress from Gulfstream Boulevard.
Chair Heavilin inquired about which parking garage the residents would use. Mr. Johnson said that
any shared parking would occur in Building 2. Staff had reviewed the shared parking aspect of the
project and technically, it met the requirements with parking spaces to spare. However, the
applicant had to make the owners aware that they would only have one parking spot. Parking
spaces cannot be designated for just one use in a shared parking scenario. Ms. Horenburger
believed that no parking spot would be designated for the residents and requested clarification.
Mr. Johnson elaborated, saying shared parking occurred in Buildings 1 and 2, but the restaurant
users would only have access to the parking garage in Building 2. Persons living in Building 1 would
have access to a space in the parking garage in Building 1. People in Building 2 would also have
access to a space in Building 2, except that during peak times, there would probably not be any
guest type spaces.
Vice Chair Tillman inquired whether there would be a bottleneck at the turnaround at the end of the
main drive aisle. Mr. Johnson responded that the City's Engineering Department had reviewed it for
turning movements and radii and found no problem.
Mr. Johnson stated that the applicant had been made aware of the shared parking restrictions and
he thought the applicant would be willing to put this in the Homeowners Association documents. Ms.
Horenburger wanted to make awareness of the parking restriction by the residents a condition of
approval.
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Community Redevelopment Agency
Boynton Beach, Florida
July 12, 2005
Jason Mankoff affirmed that they were going to designate twelve of the parking spaces in Building
2 for the twelve units in that Building. Also, they would have documentation in the contract advising
buyers that they would only be guaranteed one space.
Mr. Johnson reviewed the Height Exception. The buildings comply with Code, but there are some
decorative elements that exceed the forty-five foot height maximum height in a PUD. However, the
features of the building that exceed the height limits are interesting and make the whole project
"work,"
Staff felt that the proposed project was good for the City and recommended approval of the Height
Exception and Site Plan.
Chair Heavilin invited the CRA Planner to add her comments at this time. She thought this should
become a regular feature in future hearings.
Vivian Brooks, CRA Planner, had participated in the Technical Review Committee. In spite of having
to work around the use on the southeast corner, the applicant had hidden the garages and actively
addressed Old Dixie Highway, Gulfstream Boulevard, and Federal Highway. All the townhouses
connect with walkways to the sidewalks. They were going to create a community that would,
hopefully, set the trend for the rest of Old Dixie Highway and the other projects that will occur in
that area. She thought the project was interesting architecturally, with no long, unbroken expanses.
They had done a good job and she recommended approval of the project.
Mr. Fenton asked Ms. Brooks to comment on the architectural value of the features that called for
the Height Exception. Ms. Brooks said the features added value to the project to a focal gateway
project in the south. To have something that stands out architecturally was what the City had been
looking for on its gateways. The applicants for the project on Woolbright Road and Federal Highway
were asked to bring that project up in height. She personally liked it.
Mr. DeMarco inquired whether the project would have security and protection from surrounding
uses, particularly the one to the southeast. Ms, Brooks responded that the community was
protected visually and physically since an actual physical structure, Building 2, separated them.
Jason Mankoff of Weiner & Aronson, P.A., 209 N. Sea crest Boulevard, Boynton Beach,
spoke as agent for the project. Robert Mathias, David Biggs, and J. P. DiMisa, principals with the
developer, New Century Companies, were present along with Jim Knight, principal of Thirty-six
Holdings, the current owner of the property and Stuart Debowsky and Jose Samuel with MSA
Architects. Jeffrey Schnars, President of Schnars Engineering, and Hugh Johnson, landscape
architect with Architects Alliance, were in attendance as well. Mr. Mankoff distributed a booklet
summary of the project to the board members and showed visual renderings of the Site Plan to the
board and to the audience. Mr. Mankoff stated that this project was very similar to a successful
project they had completed in Delray Beach.
Stuart Debowsky, project manager of MSA Architects, said they were proud to present this
project to the City. This is a mixed-use project that has 96 condominium units, 84 of which are in
Building 1. The residents in Building 1 have exclusive use of the parking spaces and Building 2 only
has 12 residential units. There are three-story townhouses with 70 units to the west.
They had tried to put together a project resembling a village. The east-west road was meant to
simulate a "main street" concept, with angled parking and a large pedestrian arcade. The applicant
is planning a cafe concept for the corner of Building 1 in support of a theme of street activity, both
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Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
July 12, 2005
day and night. They were considering townhouse models with two "fronts," so they would not have
to present their "back" to Old Dixie Highway. They hoped that all the elements they were putting
together would be reminiscent of a village that had come together over a period of years.
Ms. Horenburger asked what they had done to screen the uses to the north of the project. She had
been told there would be a parking garage between the residential and that area and it appears the
residences would be facing it.
Stuart Debowsky said that it was a tough site on all sides: cars on Federal Highway, the train on Old
Dixie Highway, the use to the southeast, and the storage facility on the north. They had created an
access/service road as an adequate buffer. The first unit occurs thirty to forty feet from the edge of
that. Special care had been taken to screen the property on all sides with landscaping, but
especially on the northern boundary. They felt the actual living spaces were set well apart from the
northern border.
Mr. DeMarco asked why they had chosen the name Heritage Club. Mr. Mankoff responded that
there were other Heritage Clubs in Delray Beach and it was like a brand name. In regard to the
property to the south, if they were able to acquire it, they could possibly have a Phase II. Mr.
DeMarco then asked about the price ranges of the units.
Robert Mathias, New Century Companies, said the condo building would have one, two, and
three bedrooms and they would be between $200-400K and the townhouse units would be between
$400-S00K.
Mr. Fenton questioned what kind of noise buffering the developer had in mind for the units next to
the railroad tracks. Mr. Mathias responded they were going to use landscaping and building
materials that would provide an amazing amount of sound insulation. They had developed two
projects close to railroad tracks and they had not had any issues.
Jose Samuels, MSA Architects, commented that the taller features helped to create visual appeal
for the project. Most main streets did not have long buildings with flat tops, but ones of varying
heights.
Marie Horenburger asked staff whether additional density or height would be involved if the
developer were able to obtain the parcel on the southeast corner. She thought this might occur
since the property owner to the southeast was asking an exorbitant amount of money, additional
incentives might be involved.
Mike Rumpf, Planning & Zoning Director, stated that this project had come in under the current land
use and zoning scheme - it solved the problems. To go outside that, because the developer was at
those thresholds, would exceed what the system allows and would be inconsistent with the Corridor
Plan. Prior proposals were well above the current thresholds. Ms. Horenburger thought it would be
nice to have a more cohesive site as the entrance to the City.
Mr. Mankoff stated the applicant agreed to all 71 conditions of approval. He praised staff for their
assistance and cooperation in the planning of this important, gateway project. The applicant added
two conditions based on the discussions at this meeting: 1) designate twelve spaces for the
condominium owners, and 2) provide notice in the condo documents or in the contract at the time of
signing that each of the individual owners would only be guaranteed one space. They believed that
the height was important for the project and that they had met all the requirements for such a
request.
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Community Redevelopment Agency
Boynton Beach, Florida
July 12, 2005
Chair Heavilin opened the floor to the public, and closed it when no one wished to speak.
Mr. Fenton took issue with the passive voice in some of the Conditions of Approval, pointing out item
1 that asks: "Please indicate number and size of containers." He felt that a more declaratory or
dictatorial tone was in order. Mr. Johnson responded that staff was confident that all the conditions
would be met and if not, permits would not be issued. Staff felt that it had protected the City with
the Conditions of Approval. A large number of the conditions had already been satisfied.
Mr. DeMarco confirmed with the agent that the applicants were in agreement with all 71 Conditions
of Approval and were adding two more. He expressed appreciation for what the developers had
done for that corner of the City.
Mr. Johnson declared that staff agreed with the two new conditions of approval suggested by the
applicant.
Motion
Ms. Horenburger moved to amend the Comprehensive Plan Future Land Use Map from Local Retail
Commercial to Special High Density Residential (LUAR 05-005). Vice Chair Tillman seconded the
motion that passed 5-0.
Motion
Ms. Horenburger moved to approve the request to rezone from C-3 Community Commercial to PUD
Planned Unit Development (LUAR 05-005). Vice Chair Tillman seconded the motion that passed 5-0.
Motion
Ms. Horenburger moved to approve the Site Plan approval for the Heritage Club at Boynton Beach
(NWSP 05-014) subject to all 73 Conditions of Approval. Mr. Fenton seconded the motion.
Chair Heavilin commented that the applicant had raised the bar for development in Boynton Beach.
She thought it was the best project the board had seen. Mr. Mankoff commended City staff for its
efforts.
The motion passed 5-0.
Motion
Mr. Fenton moved to approve the request for height exception of 10 feet for Heritage Club of
Boynton Beach (HTEX 05-004). Vice Chair Tillman seconded the motion that passed 5-0.
C. New Site Plan
1.
Project:
Neelam (fka Schnars) Business Center
(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.
Agent:
Owner:
Location:
Description:
Ed Breese, Principal Planner, stated that this property had changed hands and the site plan approval
expired. The new owner would like to build the same building as previously approved.
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Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
July 12, 2005
Chair Heavilin opened the floor for the public, and closed it when no one wished to speak.
Motion
Ms. Horenburger moved approval of NWSP 05-022, Neelam Business Center, 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. Vice Chair Tillman seconded the motion that passed 5-0.
THE MEETING RECESSED FROM 8:06 P.M. TO 8:12 P.M.
D. Condominium Hotels in Mixed Use Districts
Code Review
Description:
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.
1.
Project:
Agent:
Location:
Dick Hudson, Senior Planner, reviewed this request, stating that the "condo hotel" had become a
popular product in the hotel industry since the project could be financed more like a residential
condominium project. Many local governments are revisiting their LDRs and making revisions to
address this type of project and insure that the facilities truly operate as hotels and not residential
developments. An owner would be limited to a six-month stay per year to assure that individuals do
not take up permanent residence in the units. The condo hotels would probably take the form of an
"extended stay hotel," so City 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.
Staff recommended approval of this item.
Ms. Horenburger inquired whether the County's Bed Tax would come into play for stays shorter than
six months. Mr. Hudson responded that it would be subject to the Bed Tax because it would be
considered transient lodging.
Ms. Horenburger asked the difference between the condo hotel and the condo with mostly seasonal
residents. Mr. Hudson said that a condo was considered a residence and the residential parking
regulations would apply. A hotel was considered a commercial use. The parking requirements for
condos and hotel condos were very similar (one bedroom condos call for 1.33 per unit and hotel
condos call for 1.25 per unit).
Mr. DeMarco asked if the condo laws would apply to the hotel condos. Mr. Hudson believed it did.
Mr. DeMarco suggested the City contact someone who could give an authoritative answer on this.
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Community Redevelopment Agency
Boynton Beach, Florida
July 12, 2005
Ms. Horenburger declared the law only applies to the type of sale. Chair Heavilin's understanding
from the project that was already taking reservations for their condo hotel units is they would be
under the Condominium Declarations statute.
Chair Heavilin opened the floor to the public, and closed it when no one came forward.
Chair Heavilin commented there was a growing trend across the country for condo hotel units.
Motion
Vice Chair Tillman moved to approve CDRV 05-013, 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. Mr. DeMarco seconded the motion that passed
5-0.
VII. Pulled Consent Agenda Items
A. Approval of Minutes from June 9. 2005 Meeting
Attorney Spillias stated that on page 19 under Future Agenda Items, in the second paragraph, sixth
line, "he had been the attorney for" should be replaced with "his firm had represented."
Also, on page 20 in the second paragraph, it should properly read: "In the middle of public hearing,
staff or the applicant should not be called to answer questions, Attorney Spillias said, so anyone
from the public does not raise the question of his or her time being taken up with questions."
On the last page, the last motion should read that it passed 5-0, because Ms. Horenburger left
before the motion. Also, the fact that she left should be placed before the motion.
Motion
Ms. Horenburger moved to approve the minutes of the June 9, 2005 meeting as amended. Vice
Chair Tillman seconded the motion that passed 5-0.
D. Consideration of ProDerty Exchange Agreement Between St. Paul AME Church and the CRA
Attorney Spillias commented that on page one of the lease agreement, paragraph 1. TERM, the
ending date should be 2006 instead of 2005.
Motion
Vice Chair Tillman moved approval of Consent Agenda Item D. as amended. Mr. DeMarco seconded
the motion that passed 5-0.
J. Facade Grant Reimbursement - Boynton/Dekay Academy - $15,000.00
Vice Chair Tillman was concerned the building on which a Fa<;ade Grant was requested was in limbo
as to whether it would be an educational institution or not. He was not comfortable with issuing a
grant to an entity if the use/name changed. The School District had not made a decision about this
yet.
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Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
July 12, 2005
Others felt that the Fac;ade Grant had been applied for, the work had been done, and all the
requirements for reimbursement had been met and the money should be presented to the applicant,
regardless of the potential future use of the building. The improvements were made and many
people had called the CRA to compliment the look of the building. Mr. Hutchinson commented that if
the building(s) sat empty, the area would still improved.
Commissioner Bob Ensler stated that the future of the BoyntonjDelray Academy was up in the air
and that the CRA might want to wait for about a month until the School Board had made a decision.
Chair Heavilin felt that the improved building would make it easier to find another occupant. Mr.
Hutchinson said staff would continue to follow this and keep the board up to date.
Joe Green, Boynton/Delray Academy, related that he did not know whether they would have to
go through a name change, but the building would remain an educational institution. They were
careful to put up the type of building the board and the City expected. They had received hundreds
of calls from people who were pleased with the way the building looks.
Motion
Don Fenton moved to approve the $15,000.00 Fa<;ade Grant Reimbursement to the BoyntonjDelray
Academy. Ms. Horenburger seconded the motion.
Chair Heavilin asked Attorney Spillias what the board's contractual obligations were since the
applicant had fulfilled the requirements of the grant. Attorney Spillias had not looked at the
documents and had not been asked previously to determine whether or not the application process
and completing the process constitutes a binding contract. He would review the documents with that
in mind.
Chair Heavilin did not think the use and operation of a building should be confused with the physical
facility, which is what the grant is for.
Mr. Fenton asked about the operational grant, and Mr. Hutchinson responded the operating_grant
had been taken under advisement by staff and the board would be kept apprised of developments.
The motion to approve passed 3-2, Vice Chair Tillman and Mr. DeMarco dissenting.
Chair Heavilin presented the Fac;ade Grant Reimbursement check to Mr. Joe Green.
VIII. Old Business - None
IX. New Business - None
X. Commission Action - None
Chair Heavilin asked what the response had been from the letter the CRA sent the City Commission
asking for an opportunity to review the car wash ordinance once it was drafted, and Mr. Hutchinson
responded that he had not received a response.
XI. Director's Report
Mr. Hutchinson noted the trolley was running and people were riding it, but it was only operating on
a trial basis at the moment for the purpose of gathering experience and information. The CRA would
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Community Redevelopment Agency
Boynton Beach, Florida
July 12, 2005
be rolling out a complete marketing program with route information, maps and so forth in the near
future.
Chair Heavilin remarked about a conversation with Lou Fraser, the Marketing Director for the Holiday
Inn, who said the hotel really likes to see the trolley go by. Mr. Hutchinson said it was a real benefit
to the City. It is possible to go to and from the Holiday Inn and the CRA office on the trolley. There
are several restaurants in walking distance of the Holiday Inn.
Mr. DeMarco indicated he had seen the trolley several times and had only seen two people on the
trolley on one occasion. He was concerned about that because it was using a lot of gas and felt the
trolley had not been sufficiently publicized. He understood that it was free and Mr. Hutchinson
confirmed this, saying that the trolley had not been publicized yet, since it was still in the trial run
stages.
XII. Board Member Comments
Vice Chair Tillman clarified his "no" vote on the Boynton/Delray Academy Fa<;ade Grant, commenting
that the CRA had to be concerned about the grants it makes and what is put in the CRA community.
They also had to make sure that the projects that were initiated were the projects that were
presented upon completion of the project and grant reimbursement. Even though they were talking
about a building, they were also giving the applicants a grant because the CRA agreed with what the
applicant was initiating up to that point. He thought the language needed to be more specific in the
grant application in terms of what the end product would be, as opposed to just a "building." He felt
that the Boynton/Delray Academy might not exist and if it did not, then the grant application should
become null. He believes that the business initiating the grant application should be the business
that is awarded the grant.
The prevalent feeling seemed to go against this idea, expressing a belief the fa<;ade grants were
given to property owners who improve the appearance of their properties for the good of the City
and the CRA area. One example given was the fa<;ade grant given to Scullts Restaurant. If the
owner had "flipped" that business to someone else, the fa<;ade was still improved and it should not
matter who owns the building.
Chair Heavilin summed up, saying that the intent of the Fa<;ade Grant Program was to improve the
appearance of the community and it was tied to structures and not to operation.
Mr. Hutchinson will work with Legal staff to explore the question about whether the board is
obligated to give the grant at the completion of the work. He will bring the results to the board.
Chair Heavilin commented on the vacant buildings that were awaiting demolition on Sea crest and
believed the deteriorating conditions there should be addressed in some way. It was becoming
unsightly and vagrants were beginning to frequent the property. She had received many calls about
this. This property is under the jurisdiction of the City's Code Compliance Division.
Mr. Hutchinson stated that he investigate the situation. There were two large CRA projects, several
acres in size, within blocks of each other that had vacant buildings. The Police force was putting
extra coverage on it and the eRA was working with the developers.
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Community Redevelopment Agency
Boynton Beach, Florida
July 12, 2005
XIII. Legal
Chair Heavilin asked Attorney Spillias to consider putting CRA staff comments on Public Hearing
items in the board's procedures. Attorney Spillias suggested that these comments be placed after
the City staff presentations and before the applicant presentations. If City staff leaves something
out of its oral presentation, it would still be in the record. Mr. Hutchinson wanted the CRA Planner's
comments to be in writing and placed in the agenda packets.
XIV. Other Items - None
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 18, 2005 at 6:30 p.m. (Place TBD)
.:. Heart of Boynton Plan Workshop (CRA/City Commission)
Ms. Horenburger stated that she would not be able to attend the Heart of Boynton Plan Workshop
and wondered whether there were other board members who could not attend.
Mr. Hutchinson responded this was the preferred date in light of quorums and other considerations.
He believed the only other CRA member unable to attend was Steve Myott. Ms. Horenburger asked
to have a letter sent to the City Commission advising that two board members were unable to attend
and ask if there were some way it could be rescheduled. Chair Heavilin believed this meeting had
probably already been posted.
2. Thursday, July 21,2005 at 6:30 p.m. at 639 E. Ocean Avenue, Ste. 107
.:. Consideration of 2005-2006 Budget
3. Thursday, August 18, 2005 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)
Ms. Horenburger was not able to attend this meeting. Mr. Hutchinson said this was the third
Thursday default date and they would follow up on this and do the best they could to accommodate
as many board members as possible.
2. Thursday, September 15, 2005 at 6:30 pm. At Holiday Inn Catalina on
Congress Avenue
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Community Redevelopment Agency
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July 12, 2005
.:. Consideration of Feasibility of Attraction Complex
.:. Consideration and Review of Parks & Recreation Plans for CRA
Ms. Horenburger inquired about the wayfinding signage permit packages. She thought the permit
packages had to be resubmitted. Mr. Hutchinson stated each one had various issues and he would
be glad to go over them with her. They were not systematically all denied. It was a case of details
such as moving back two feet because of churches or other issues. The original permits had never
been acted on and the State has a "Hold" on them. They had tried to move as many signs off the
right-of-way as possible and upgraded the ones that remained to facilitate approval of the permits.
This project was almost complete. The trolley signs were up and City and County approvals had
been obtained.
Ms. Horenburger asked to speak on something that should have been brought up under Board
Comments. She wanted the board members to be kept abreast of all the people who had
approached the CRA regarding any project whatsoever, whether it pertained to groups doing
assembly of properties or large projects. An email communication would be fine. Mr. Hutchinson
agreed this would be done. They already have an inside tickler system and they would see that the
information gets to the board members. Ms. Horenburger asked for this on the days when there
were such contacts.
Mr. Hutchinson advised each board member had a copy of his calendar for the past month and
current month listing every meeting. This calendar also reveals each person he speaks with and the
topic. Chair Heavilin expressed a preference for the calendar over daily emails.
Chair Heavilin asked if the Police Reports could be deleted from the agenda packets. If she wanted
to know about them, she could come in to get copies. She commented she did not believe the
board needed as much detail as they sometimes get. Ms. Horenburger said it was like the "blue
sheets" they had discussed previously. If there were something of import in a local newspaper, she
would like to see it faxed or emailed to the board members that day. Mr. Hutchinson said that they
did not have the resources to do that at this time.
XVI. Future Project Review - None
XVII. Adjournment
Since there was no further business before the board, the meeting was duly adjourned at 9:03 p.m.
Respectfully submitted,
susrm e~LL'l1tS
Susan Collins
Recording Secretary
(071305)
8722
17
BOYNTON BEACH eRA
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
0 January 1\.2005 December 28,2004 (Noon.) 0 July 12,2005 June 28, 2005 (Noon)
0 February 8, 2005 January 25, 2005 (Noon) . August 9, 2005 July 26, 2005 (Noon)
0 March 8,2005 February 22, 2005 (Noon) 0 September 13,2005 August 30, 2005 (Noon)
0 Apnl 12,2005 March 29, 2005 (Noon) 0 October \1, 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: July 27,2005
SUBJECT SUMMARY PARAGRAPH: June Financials are being presented at the August 9th, 2005 eRA 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 June'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 GASB and Budget.
AL TERNA TIVES: Not to Approve the financials.
an~
CRA Staff
,f
{j;~
" J _,' If"
, ,
I' -' -- ---- --!..
\ . ouglas ~tchinson, CRA Director
8723
C\Monet_Nicole Shares\Agenda\CRA Agenda Request - June 2005 Financials.doc
INCOME STATEMENT
June 30, 2005
Revenue Current YTO Current Total
Tax Increment Funds
Tax Increment Funds: $000 $3,871,61602 $3,871 616.02
Total Tax Increment Funds $3,871,616.02
City Funds
City Transfer Funds $0.00 $0.00 $0.00
Total City Funds $0.00
Grants, Project Reimbursements
Grant Funding SODa $000 $0.00
Total Grants and Projects $0.00
Interest Income
Interest Income $60,14435 $333.419.13 $393,56348
Total Interest Income $0.00
Other Income
Other Income $0.00 $5,190.00 $5,190.00
Total Other Income $000
Total Sources of Funds $0.00 $0.00 $3,871,616.02
8724
INCOME STATEMENT
Use of Funds Current YTD Current Total
Debt Service
Debt Service Principal Payment SOOO $72,344.25
Interest Expense Payment $0.00 $81,51083
Debt Issue 1 $0.00 $000
Sinking Fund $0.00 $223,43408
Issuance Cost
Total Debt Service $000 $377,28916 $0.00
Program Expenses
Web Site Updates / Expansion $1,28400 S3,187.70
Printing & Promotional Programs $000 $1,80790
Police Programs $24,801.74 $176,531.76
Transportation / Trolley $0.00 $14,205.75
Festivals / Events / Bus. Programs $3,117.60 $51,401.37
High School Project
Fa<;:ade Grant Program $000 $67,026 77
Economic Incentive Program $0.00 $10,21900
Miscellaneous Programs $0.00 $0.00
Total Program Expenses $0.00 $67,02677 $0.00
Project Expenses
Riverwalk / Promenade Project
HOB Commercial/Improvements
Way-Finding Sign age
Marina Parking Garage $375,37645 $875,85691
CBD Parking Site $168,40000 $96,25398
Savage Creatures Complex $0.00 $2,86536
Miscellaneous Projects $0.00 $157,50000
$0.00 $000
$0.00 $0.00
Total Projects Expenses $0.00 $7,535.00 $0.00
General & Administrative
Salaries & Contract Labor
Payroll Tax
Disability
Retirement 457 Plan $27,108.38 $189.551.71
Accrued Time Off $2,106.54 $13,95954
$0.00 $1,02467
Workers Compensation $000 $1,50000
Health Insurance ($3,939.69) (5942 75)
Life Insurance
Professional Fees - Audit $13557 $1,03942
Professional Fees - City Staff $1,22408 $11,45113
Professional Fees - Contracted Services $7018 $798 59
Professional Fees - Legal $0.00 $7,40000
ProfeSSional Fees - Main!. & Cleaning $0.00 $2,11502
Professional Fees - IT Support $18,75528 $251,18550
Rent Expense $19,378.84 $100,11057
Telephone Expense $18000 $2,46795
ElectriC Expense $0.00 $13,48945
EqUipment Leases $2,720.00 $13,92000
Office Leasehold Improvements $51243 $4,49580
8725
INCOME STATEMENT
$245.23 $1,392.50 Current Total
Property / General Insurance $2475 $1,96040
Bonding Insurance $000 $3.79596
Professional Insurance
Promotional/Business Meeting $27.16 $18744
CRA Meeting / Presentation $206 66 $1,59314
Association Meeting
Seminars $296.05 $8,017.91
Mileage & Delivery Services $0.00 $9.740.20
Car Allowance Director $37500 $1,22035
Office Supplies $0.00 $5,82291
Office Expense $16806 $1,127.52
Office Equipment / Furniture $42789 $2,56521
Licenses, Fees, Permits $1,33512 $13,22897
Membership, Subscriptions $36 50 $604.83
Books & Publications $136.73 $10,37645
Advertising Expense $64.90 $77917
Career Development $1,85345 $7,53077
Office Printing $8,06394 $8,914.03
Marketing and Promotions $1,86504 $9,882.13
Miscellaneous $3925 $3,110.52
Depreciation Expense
Interest Expense
Total General & Administrative $84,53394 $711,16626 $0.00
Total Application of Funds $84,533.94 $1,163,01719 $0.00
Fund Sources in Excess of Application ($84,533.94) ($1,163,01719) $3,871,61602
8726
Community Redevelopment Agency of Boynton Beach
Balance Sheet
Government Funds
June 30, 2005
ASSETS
Cash and Cash Equivalents
Receivables
Prepaid Expenses
Bond Issuance Cost
Fixed Assets
Real Estate
Relax Inn
RiverWalk I Promenade I BBB Extension
RiverWalk I Promenade I Land
MLK
Accumulated Depreciatlon- Fixed Assets
Work in Progress Assets
Relax Inn
RiverWalk I Promenade I BBB Extension
RiverWalk I Promenade I Land
MLK
Total Work In Progress Assets
Furniture I Equipment
Accumulated Depreciatlon-Furn.l EquIp
Total Assets
Total
Community
Redevelopment
$
$
$
$
23,298,64407
2,86025
2,52233
336,52477
$
S
$
869,20996
$
$
1.468,33921
$
$
$
112,90666
(16,82158)
26,074,18567
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
$ 16,10462
$ 2.752,34510
$ 19,770,09645
$ 22,538,85393
$ 2,475,32289
$ 1,060,00885
$ 3,535,331 74
$ 26,074,18567
Total Liabilities and Fund Balances
8727
BOYNTON BEAeH eRA
AGENDA ITEM REQUEST FORM
Requesled CRA Dale Final Materials Must be Requesled CRA Date Final Materials Must be Turned into
Meeline: Dates Turned Meeline: Dales CRA Office
inlo CRA Office
0 January II, 2005 December 28,2004 (Noon) 0 July 12, 2005 June 28,2005 (Noon)
0 February 8, 2005 January 25, 2005 (Noon) . 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 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: August 2,2005
SUBJECT SUMMARY PARAGRAPH: This request is for contract approval for Florida Employer Solutions to
provide a Human Resources Job Analysis with an accompanying salary survey.
RECOMMENDATION: Staff recommends approval of the contract for Florida Employer Solutions to conduct a
human resources analysis of the Boynton Beach CRA.
EXPLANATION: The CRA Board requested staff to pursue a Request for Qualifications (RFQ) in order to select
a Human Resources firm, The selected firm was to provide an analysis of existing job descriptions, task
assignments and a competitive salary survey. As a result of the RFQ, five companies applied for consideration
and each firm was rated on their identified qualifications. The highest rated firm was Florida Employer Solutions.
FISCAL IMPACT: The contract amount is for $5,175.00.
not conduct a human resources study.
8728
C:IDocuments and SeltingslbrightllDesktop12005 Agenda SummariesIFES.8.9.05.doc
<) Florida E~ployer
Vsolutlons
Client Aqreement
THIS CLIENT AGREEMENT (the "Agreement") made effective as of the 13th day of July, 2005, between
Florida Employer Solutions, Inc., a Florida corporation ("Firm"), with offices at 1211 Semoran
Boulevard, Suite 117, Casselberry, Florida 32707 and Boynton Beach Community Redevelopment
Agency (hereinafter "Client") with offices at 639 E. Ocean Ave., Suite 107, Boynton Beach, FL 33435.
WHEREAS Firm is in the business of providing Human Resources Services for clients, according to their
specifications, and performing as stated herein; and
WHEREAS Firm and Client wish to enter into an agreement pursuant to which FIRM will arrange with for
the provision of services to Client;
NOW, THEREFORE, in consideration of the covenants and agreements contained herein, FIRM and
Client agree as follows:
1. SERVICES PROVIDED UNDER PURCHASE ORDER. Firm will provide services as outlined in
original Client Request for Letter of Interest Document dated April 19, 2005, attached hereto as
Exhibit A, to include:
a. Review current job classifications, job descriptions and recommended pay levels (Based
on 8 to 10 total classifications).
b. Review current job classification, pay ranges, published survey data available in HR
Compensation and gather additional local market survey data as needed for benchmark
positions to develop recommended pay ranges, for job classifications.
c. Review current HR policies and practices and gather additional local market data as
needed for comparison to develop recommended adjustments to ensure compliance with
applicable employment laws.
Pursuant to Appendix A, any and all services performed outside this Agreement will be billed at
$175.00 per hour. Prior to performing any such services outside this Agreement, FIRM will
obtain written approval from Client.
2. BILLING AND PAYMENT. FIRM will bill Client through invoices issued to Client for services
provided by personnel and associated costs, as approved by Client. Client will pay FIRM "due
upon receipt" from the date of such invoice, unless some other time has been agreed to in the
Purchase Order, according to the rates and terms of the Purchase Order. Amounts not paid
within 30 days from the date of invoice shall bear interest at the rate of one and one-half percent
(1.5%) per month or the maximum rate allowed by law, whichever is less. Any late invoicing by
FIRM shall not affect the obligation of the Client to pay for the services covered by that invoice.
3. CONFIDENTIALITY. FIRM agrees that it will not disclose to any party any information learned by
it which has been clearly marked "Confidential" by Client, except as such disclosure is necessary
pursuant to Chapter 119, Florida Statutes (the Florida Public Records Act) and on an individual
basis to personnel whom FIRM has located for Client.
8729
FlOrida Employer Solutions - Client Agreement
O Florida E~ployer
solutIons
4. EXCISE, SALES, ETC. TAXES ON SERVICES. There shall be added to any charges payable by
Client under this Agreement amounts equal to any and all applicable taxes, however designated,
levied or based on any charges payable under this Agreement or the services rendered
hereunder, including without limitation state and local privilege, excise, sales and use taxes and
any taxes or amounts in lieu thereof paid or payable by FIRM, but excluding taxes based upon
the net income of FIRM. Client shall be billed by FIRM before or within a reasonable time
following payment of such taxes by FIRM, and such amounts shall be due and payable by Client
promptly following billing thereof, whether or not such billing occurs following completion of the
services hereunder.
5. INSURANCE. FIRM will procure and maintain in effect during the term of this Agreement
appropriate insurance coverage: AS FOLLOWS:
GENERAL LIABILITY INSURANCE
i. PERSONAL INJURY AND PROPERTY DAMAGE,
ii. COMBINED SINGLE LIMIT..................................$l,OOO,OOO
WORKER'S COMPENSATION INSURANCE AS REQUIRED BY STATE LAW
iii. AUTOMOBILE INSURANCE
iv. BODILY INJURY AND PROPERTY DAMAGE,
v. COMBINED SINGLE LIMIT.................. ............$1,000,000
Client will be included as an "Additional Insured" with respect to liability arising out of services
performed by the FIRM on behalf of the Client or acts or omissions of the FIRM in connection
with such services. Upon request, FIRM will provide Client with evidence of insurance.
6. LIABILITY AND INDEMNIFICATION. Each party agrees to indemnify and save harmless the other
party from any and all claims by and on behalf of persons, firms or corporations arising from the
conduct or acts of negligence of that party or anyone claiming by, through or under that party
under the terms of this Agreement or arising from any breach or defaults on the party of that
party to the other party in the performance of any provision of this Agreement. Nothing in this
Agreement, however, is intended to be construed as a waiver of the protections, limitations, and
immunities afforded the parties pursuant to Section 768.28, Florida Statutes.
7. TERM AND TERMINATION OF THIS AGREEMENT. This Agreement will commence upon
execution of this Agreement and shall continue in effect until terminated by Client or FIRM at any
time upon the terminating party giving not less that 30 days written notice to the non-
terminating party. Such termination of the Agreement shall not affect any personnel providing
services however, unless such personnel are terminated in accordance with the terms of section
8 of this Agreement.
8. ASSIGNMENT. Neither this Agreement nor any interest hereunder may be assigned or otherwise
transferred by Client to third parties other than affiliates of ether party without the prior written
consent of FIRM which shall not be unreasonably withheld. Any such assignment shall not
relieve Client of its obligations hereunder. This Agreement shall be binding upon and inure to the
benefit of the heirs, successors, assigns and delegates of the parties hereto.
8730
FlOrida Employer Solutions - Client Agreement
2
':1 Florida E~plover
Vsolutlons
9. NOTICES. Any requirement to "notify", or for "notice" or "notification", in connection with the
subject matter of this Agreement shall be in writing and shall be effective when delivered
personally (including by Federal Express, Express Mail, or similar courier service) to the party for
whom intended, of five (5) days following deposit of the same into the United States mail,
certified mail, return receipt requested, first class postage prepaid addressed to such party at the
address set forth below its signature to this Agreement. Either party may designate a different
address by notice to the other given in accordance herewith. If sent to the FIRM, such notices
shall be sent to: Florida Employer Solutions, Attention: Lee Ricci, 1211 Semoran Boulevard, Suite
117, Casselberry, Florida 32707. If sent to Client, such notices shall be sent to: Boynton Beach
Community Redevelopment Agency, Attention: Lisa Bright, 639 E. Ocean Avenue, Suite 107,
Boynton Beach, Florida 33435, with a copy to: Kenneth G. Spillias, Esquire, Lewis, Longman and
Walker, P.A., 1700 Palm Beach Lakes Boulevard, Suite 1000, West Palm Beach, Florida 33401.
10. SEVERABILITY. If any term or provision of this Agreement shall be found to be illegal or
otherwise unenforceable, the same shall not invalidate the whole of this Agreement, but such
term or provision shall be deemed modified to the extent necessary by the adjudication to render
such term or provision enforceable, and the rights and obligations of the parties shall be
construed and enforced accordingly, preserving to the fullest permissible extent the intent and
agreements of the parties herein set forth.
11. COMPLETE AGREEMENT AND AMENDMENT. This Agreement and any written Purchase Orders
executed hereunder contain the entire agreement between that parties hereto with respect to the
matters covered herein and supercede any prior agreements between the parties with respect to
the matters covered herein. Client acknowledges that it is entering into this Agreement solely on
the basis of the agreements and representations contained herein. This Agreement shall not be
modified in any way except in writing signed by both parties and stating expressly that it
constitutes a modification of this Agreement.
12. MEDIATION. The parties to this Agreement desire to avoid the expense and delay caused by the
filing of lawsuits. Therefore, it is agreed that in the event of any dispute or disagreement
between the parties that a jointly-selected mediator shall conduct mediation in an effort to
resolve the issue(s) with each party to pay 50% of the mediator's fees and costs.
13. LAW AND DISPUTES. This Agreement shall be governed by the laws of the State of Florida. In
the event any disputes arising out of this Agreement cannot be resolved by mediation, any
dispute arising out of the terms or conditions of this Agreement shall be adjudicated in the 15th
Judicial Circuit Court in and for Palm Beach County, Florida, or the Southern District Court of
Florida if filed in U.S. Federal Court. All claims against either party to this Agreement shall be
brought by the other party within the time frames specified under Florida law. Reasonable
attorneys' fees and costs, including those at the appellate level, shall be awarded to the
prevailing party, although this shall not be deemed a waiver of the limits of liability under Section
768.28, Florida Statutes.
14. 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.
8731
Florida Employer Solutions - Client Agreement
3
O Florida E~ployer
solutions
15. PUBLIC ENTITY CRIMES STATEMENT. The FIRM, by its execution of this Agreement,
acknowledges and attests that neither the FIRM, nor any of its suppliers, subcontractors or
consultants who shall perform work which is intended to benefit the Client, is a convicted vendor
or, if the FIRM or any of its affiliates has been convicted of a public entity crime, a period longer
than 36 months has passed since that person was placed on the convicted vendor list. FIRM
further understands and accepts that this Agreement shall be either voidable by the Client or
subject to immediate termination by the Client, either in the event there is any misrepresentation
or lack of compliance with the mandates of section 287.133, Florida Statutes. Client, in the event
of such termination, shall not incur any liability to FIRM for any work or materials furnished.
16. EFFECTIVE DATE. This Agreement shall be effective as of the last date it has been
executed by all parties.
17. IN WITNESS HEREOF, the parties have caused this Agreement to be executed by their authorized
agents as of the date written above.
Florida Employer Solutions, I
Inc. oJ
By:
8732
Florida Employer Solutions - Client Agreement
4
'J Florida E~ployer
Vsolutlons
Appendix A
PURCHASE ORDER
In accordance with the Client Agreement between Florida Employer Solutions, Inc., a Florida
Corporation ("FIRM") and Boynton Beach, Community Redevelopment Agency ("Client") dated as of
July 13, 2005 (the "Client Agreement"), it is agreed as follows:
1. This Purchase Order ("PO") incorporates by reference all of the terms and conditions of the
Client Agreement.
2. The services to be performed under this PO shall be as follows:
Start Date:
7/13/05
Flat Rate:
5,175.00
*Special Billing Terms: $175.00 per hour for services outside of contract
CO~
/" /1 .
f ./
, I .., .
C..:.
\/
Title:
Date:
8733
Florida Employer Solutions - Client Agreement
5
BOYNTON BEAeH eRA
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
D January II. 2005 December 28, 2004 (Noon.) D July 12, 2005 June 28, 2005 (Noon)
D February 8, 2005 January 25, 2005 (Noon) [8J 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 14, 2005 May 31, 2005 (Noon) 0 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
DA TE: July 25, 2005
SUBJECT SUMMARY PARAGRAPH: This authorization for the chairperson to execute an easement deed for granting a
ten foot utility easement over the northern portion of the CRA's property that was formerly known as the Relax Inn.
RECOMMENDA nON: Staff is recommending the granting of this easement
EXPLANATION: (Background of the issue: Who, What, Where, When, How, Etc.) The CRA board authorized
Burkhardt Construction to coordinate with FPL to convert the overhead power lines along the south side of Boynton Beach
Blvd to an underground feeder distribution system. FPL requires that all underground facilities reside in an easement
protecting them from being forced to move at a future date. The underground power will begin on the western edge of the
Exxon station located west of US 1 and will proceed east under US 1, then under the Relax Inn property, then under the N.E.
Sixth A venue, then through the expanded right-of-way of Boynton Beach Blvd, and then into the existing easements recorded
by plat on the Village Marina Project This work should begin in the Fall of 2005 under the work order authorized by the
CRA board for Burkhardt Construction..
FISCAL IMPACT: The CRA Board has approved the conversion of the overhead power lines along this route to an
underground facility.
ALTERNATIVES: To leave the power lines as an overhead facility.
;J ~ ~ K!1J -fJI:!: Hutchm,on, eRA Di"ctm
Jonathan Ricketts 07/25/05
Jonathan Ricketts
8734
\\Venus\DATA\word\BBCRA\Work authorizations\CRA Agenda Item Request form - Relax Inn 10 feet FPL esrrmt #2.doc
Work Request No.
EASEMENT
This Instrument Prepared By
Co. Name: Florida Power and Liqht Companv
Address:
~ec. 27 Twp 45-8 Rge 43-E
Jarcel 10# 08-43-45-27-02-000-0010
(Maintained by County Appraiser)
Form 3722 (Stocked) Rev. 7/94
pg_of_
The undersigned, in consideration of the payment of $1.00 and other good
and valuable consideration, the adequacy and receipt of which is hereby
acknowledged, grant and give to Florida Power & Light Company ("FPL"), its
licensees, agents, successors, and assigns, an easement forever for the
construction, operation and maintenance of underground electric utility
facilities (including wires, cables, conduits and appurtenant equipment) to be
installed from time to time; with the right to reconstruct, improve, add to,
enlarge, change the voltage, as well as, the size of and remove such facilities
or any of them within an easement described as follows:
See Exhibit "A" attached hereto and made a part hereof
Together with the right of ingress and egress to said premises at all times; the right to clear the land and keep it cleared of
all obstructions within the easement area; and further grants, to the fullest extent the undersigned has the power to grant,
if at all, the rights hereinabove granted on the land heretofore described, over, along, under and across the roads, streets
or highways adjoining or through said property.
The undersigned shall have the right to grant additional easements over the described parcel from time to time as they
may desire provided same do not interfere with the easement rights granted to FPL herein.
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on
,2005.
Signed, sealed and delivered in the presence of:
Boynton Beach Community Redevelopment Aqency
(Corporate's Name)
(Witness'signature)
By
Print Name:
(Board Chairperson's signature)
Jeanne Heavilin
Print Name:
(Witness)
Print Address:
Attest:
(Witness'signature)
Print Name:
(Board Vice Chairperson's signature)
Henderson Tillman
Print Name:
(Witness)
Print Address:
(Corporate Seal)
STATE OF FLORIDA AND COUNTY OF PALM BEACH. The forgoing instrument as acknowledged before me
this day of . 2005, by Jeanne Heavilin ,and Henderson Tillman respectively
the Board Chairperson and Board Vice Chairperson of The City of Boynton Beach Community Redevelopment
Aqency, on behalf of said Corporation, who are personally known to me or have produced
as identification, and who did (did not) take an oath. (Type of identification)
My Commission Expires:
Notary Public, Signature
Print Name
8735
MORTGAGEE JOINDER AND CONSENT
The undersigned Mortgagee does hereby join in and consent to the granting of this Easement Deed across the lands
herein described, and agrees that its mortgage, which is recorded in Official Record Book_, Page _ of the Public
Records of Palm Beach County, Florida.
IN WITNESS WHEREOF,
day of , 2005.
has caused these presents to be executed in its name
this
WITNESSES:
Signed sealed and delivered
in the presence of:
By:
Witness Signature
Print Name
Print Name
Witness Signature
Title
Print Name
STATE OF
COUNTY OF
)
)
The forgoing instrument was acknowledged before me this
who is personally
as identification.
day of
known to me
2005, by
or has produced
,2005.
WITNESS my hand and official seal in the County and State last aforesaid this
of
Notary Signature
Print Name
Notary Public-State
Commission No:
My Commission Expires:
8736
LEGAL DESCRIPTION OF FPL UTILITY EASEMENT
A strip of land of varying width lying over a portion of the proposed south right-of-way of Boynton
Beach Boulevard and over a portion of Lot 1 of 'Agreement Plat' as recorded in Plat Book 10,
Page 2, of the Public Records of Palm Beach County, Florida, the boundary of said strip of land
beFng more particularly described as follows:
(Bearings shown hereon are based on the plat of "The Marina at Boynton Beach" as recorded in
Plat Book 102, Page 16, which shows the North line of Section 27, Township 45, Range 43
bearing South 89056'20" East, assumed data.)
Commencing ath the Northwest corner of said Section 27, thence South 89056'20" East along
the North line of said Section 27, 86.25 feet;
Thence South 00003'40" West 29.00 feet to the Point of Beginning;
Thence North 89056'20" West 20.00 feet;
Thence South 00003'40" West 20.00 feet;
Thence South 89056'20" East 20.00 feet;
Thence North 00003'40" East 5.00 feet;
Thence South 89056'20" East 110.99 feet;
Thence South 75047'09" East 45.00 feet;
Thence South 89056'20" East 37.76 feet;
Thence South 00003'40" West 5.00 feet;
Thence South 89056'20" East 20.00 feet;
Thence North 00003'40" ~ast 4.93 feet;
Thence North 74037'21" East 19.31 feet more or less to a point on the West right-of-way line of
NE 6th Court;
Thence North 01034'37" West 10.00 feet along the west right-of-way of said NE 6th Court;
Thence South 74037'21" West 19.03 feet;
Thence North 00003'40" East 5.00 feet;
Thence North 89056'20" West 20.00 feet;
Thence South 00003'40" West 5.00 feet to a point on the proposed relocated South right-ofway
-. . -
line of East Boynton Beach Boulevard;
Thence North 89056'20" West 36.50 feet along said south right-of-way line;
Thence North ;!:J04i'09 West 4!:J.OO feet along said south right-of-way line;
Thence North 89056'20" West 112.25 feet along said south right-of-way line;
Thence North 00.03'40" East 5.00 feet to the Point of Beginning.
Prepared March 10, 2005
Revised April 25, 2005
~-.:;;. _ J: /-1~
Christopher J Huth
Florida Registered Surveyor & Mapper #4299
Page 1 of 2
Not Valid Without f?age 2 of 2
Christopher J. Buth P.S.M - Land Surveying & Mapping
214 N.E. 3rd Street, Boynton Beach, FL 33435
561-738-0987
8737
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8738
RESOLUTION NO.
A RESOLUTION OF THE BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY APPROVING THE GRANTING OF AN
EASEMENT TO FLORIDA POWER AND LIGHT COMPANY FOR THE
CONSTRUCTION, OPERA TION AND MAINTENANCE OF
UNDERGROUND ELECTRIC UTILITY FACILITIES; AUTHORIZING
THE CHAIR OF THE BOARD, AND IN HER ABSENCE THE VICE
CHAIR, TO EXECUTE THE EASEMENT DOCUMENTS; PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the Boynton Beach Community Redevelopment Agency ("CRA") has
determined that it is in the best interest of the CRA and the City of Boynton Beach to install
underground electric utility facilities along the Boynton Beach Boulevard extension project; and
WHEREAS, Florida Power & Light Company ("FP&L") is willing to construct, operate
and maintain underground electric utility facilities along the Boynton Beach extension area; and
WHEREAS, it is necessary to grant FP&L an easement for the construction, operation
and maintenance of said underground electric utility facilities; and
WHEREAS, attached hereto as Exhibit "A" is the proposed Easement including the legal
description and sketch of the specific property over which the FP&L utility easement would run.
NOW, THEREFORE, BE IT RESOLVED BY THE BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY, THAT:
SECTION 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as
being true and correct and are hereby incorporated herein. All exhibits attached hereto are
hereby incorporated herein.
SECTION 2. It is necessary, serves a municipal and public purpose, and is in the best
interest of the City of Boynton Beach, the CRA and the citizens of Boynton Beach to
grant an easement to FP&L for the purpose of construction, operating and maintaining
1
underground electric utility facilities along the Boynton Beach Boulevard extension
project.
SECTION 3. The Chair of the CRA, and in her absence, the Vice Chair, is hereby
authorized and directed to execute the Easement attached hereto as Exhibit "A" for and
on behalf of the CRA. Once executed, the Easement would be delivered to FP&L and
shall be recorded in the Public Records of Palm Beach County, Florida.
SECTION 4. All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 5. If any clause, section, other part, or application of this Resolution is held
by any court of competent jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
SECTION 6. This Resolution becomes effective immediately upon its passage and
adoption.
Board member
offered the foregoing Resolution and moved its
adoption. The Motion was seconded by Board member
and upon
being put to a vote, the vote was as follows:
JEANNE HEA VILIN, Chair
ANDERSON TILLMAN, Vice Chair
J Al\1ES BARETT A, Member
ALEXANDER DEMARCO, Member
DON FENTON, Member
MARIE HORENBURGER, Member
STEVEN MYOTT, Member
The Chair thereupon declared this Resolution approved and adopted by the Boynton
Beach Community Redevelopment Agency, this _ day of
,2005.
2
BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY
By:
Jeanne Heavilin, Chair
Attest:
Clerk
Approved As To Form
CRA Attorney
I:\Client Documents\Boynton Beach CRA \2419-003\MISC\Resolutiondoc
3
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
0 January II, 2005 December 28,2004 (Noon.) 0 July 12,2005 June 28, 2005 (Noon)
0 February 8, 2005 January 25, 2005 (Noon) . 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: August 2,2005
SUBJECT SUMMARY PARAGRAPH: The Urban Group (TUG) has provided real estate services for the CRA on
property purchases within the Heart of Boynton. At this time, it has become evident that TUG will need to continue
to perform real estate services on an "as needed" basis. TUG has requested a Supplement to Task Authorization
CRA03-02 to be completed in order for "as needed" real estate services to continue.
RECOMMENDATION: Staff recommends approval of the Supplement to Task Authorization CRA03-02 for "as
needed" real estate services to complete the Heart of Boynton real estate acquisition.
EXPLANATION: TUG is a full-service real estate company providing real estate administration for the BBCRA.
In establishing the original Task Authorization for TUG to acquire properties within the Heart of Boynton, many
specific tasks were not aptly defined, the level of activity for eminent domain purchases was underestimated as
well as an under estimation of public hearings, meetings and special meeting requests. To meet these increased
demands a Supplemental Task Authorization to CRA03-02 is necessary to complete real estate services within the
Heart of Boynton.
FISCAL IMPACT: Approval of this Supplement will be up to an amount of $27,454.95 as needed.
ALTERNATIVES: To not approve the Supplement to Task Authorization CRA03-02.
cJ & M1bff l((lt'hin,on, eRA D;,e"o<
8739
C:\Documents and Settings\brightl\Desktop\2005 Agenda Summaries\TUG.8.9.05.doc
July 15, 2005
Mr. Kenneth G. Spillias, Esquire
Lewis, Longman & Walker, P.A.
1700 Palm Beach Lakes Boulevard
Suite 1000
West Palm Beach, FL 33401
RE: City of Boynton Beach Community Redevelopment Agency
Real Estate Administrator Services-Continuing Task Authorization
Dear Mr. Spillias:
Attached is a copy of the Supplement to Task Authorization CRA03-02, for "as
needed" real estate services to complete the Heart of Boynton real estate
acquisition. As I indicated in my letter of June 23, 2005, it became evident that
supplemental work efforts were needed because the tasks within the Task
Authorization were not aptly defined, nor was the level of activity related to
eminent domain envisioned when preparing the Task Authorization.
Please review the Supplement Task with Mr. Hutchinson and advise me
accordingly. If you have any questions, please contact me at (954) 522-6226,
extension 112.
Yours truly,
The Urban Group, Inc.
Jl,{~
Howard W. Steinholz
Principal/ Broker
Attachment:
8740
The Urban Group, Inc.. 1424 South Andrews Avenue. Suite 200. Fort Lauderdale, Florida 33316
TELEPHONE 954-522-6226 · FAX 954-522..6422
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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 rccord 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 bene tits 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 requcst.
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.
TO:
THRU:
FROM:
DATE:
PROJECT NAME/NO:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 05-131
STAFF REPORT
Chair and Members
Community Redevelopment Agency and City Commission
Michael RumPfUJf:---.--/
Planning and Zoning Director
Eric Lee Johnson, AICP
Planner
July 28, 2005
Uptown Lofts at Boynton Place / NWSP 05-021
New Site Plan
PROJECT DESCRIPTION
Property Owner:
Applicant:
Agent:
Location:
Existing Land Use:
Existing Zoning:
Proposed Uses:
Acreage:
Adjacent Uses:
North:
Gulfstream Lumber Company
Mr. Kyle Riva / Epoch Properties, Incorporated
Mr. James G. Vitter / Kimley-Horn and Associates, Incorporated
Northwest corner of the intersection of Federal Highway and Woolbright Road
(Exhibit "AfT)
Mixed Use (MX)
Mixed Use-Low (MU-L)
Retail:
Apartments:
Townhouses:
Lofts:
43,361 square feet
404 units
20 units
70 units
:1:14.63 acres
To the northeast, developed commercial property (Dunkin' Donuts and a
convenience store) classified Local Retail Commercial (LRC) and zoned C-3
Community Commercial, and developed residential property classified and
rezoned similarly. To the northwest, the right-of-way of SE 12th Avenue, then
developed residential property classified Medium Density Residential (MeDR) at
a maximum density of 9.58 dulac, and zoned R-2 Duplex Residential;
8743
EXHIBIT "D"
Conditions of Approval
Revised
Project name: UptO\vn Lofts at Boynton Place
File number: ABAN 05-003
Reference:
DEP ARTMENTS INCLUDE REJECT
PLANNING AND ZONING
Comments:
1. A title opinion (ownership and encumbrance report) on the property to be X
abandoned shall be provided prior to the second reading of the ordinance.
PRIV A TE UTILITIES
Comments:
2. Adelphia has no objections to the abandonment, but any and all costs X
resulting in the relocation of Adelphia facilities due to said abandonment
must be paid by the customer and/or requesting party.
3. Florida Power & Light has no objection to the abandonment contingent X
upon the following conditions:
a. Any removal of the existing FPL streetlights must obtain approval
from the City of Boynton Beach.
b. Easements must be provided, if needed, for all relocated facilities.
c. Any and all cost resulting in the relocation or removal of FPL
facilities due to said abandonment are paid by the customer and/or
requesting party.
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Comments:
4. To be determined.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
5. To be determined. 8742 F
S:\Planning\SHARED\WP\PROJECTS\Gulfstream Lumber\Uptown Lofts at Boynton Place\ABAN 05-003\COA.doc
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Page 2
Memorandum No. PZ 05-143
ABAN 05-003
Uptown Lofts at Boynton Place (aka Gulfstream Lumber) development, a mixed use project with 494 residentia,
units and 637,584 square feet of commercial space. The site plan for the project is being processed concurrently.
The proposed abandonment would consolidate the property and facilitate the development; specifically, the portion
of the roadway to be abandoned would be used for the recreation area as shown on the proposed site plan (see
Exhibit "C"- Uptown Lofts at Boynton Place Site Plan). All existing utilities within the S.E. 3' Street right-of-way will
be relocated to the west within the boundaries of the proposed project, along a private access road.
ANAL YSIS
Pursuant to Chapter 22, Article III, Section 4, public notice was given to the property owners that abut the right-
of-way to be abandoned, all utility companies have been notified and the request has been advertised in the
newspaper. A summary of the responses from the utility companies and city staff is as follows:
CITY DEPARTMENTS/DIVISIONS
Engineering
Public Works/Utilities
Planning and Zoning
No objection
No objection
No objection
PUBLIC UTILITY COMPANIES
Florida Power and Light
Bell South
Florida Public Utilities Company
Cable Company (Adelphia)
Cable Company (Comcast)
Approval with conditions (see Exhibit "0")
No objection
No objection
Approval with conditions (see Exhibit "0")
N/A
The portion of the S.E. 3rd Street to be vacated no longer serves a public purpose. The remaining portion of the
roadway will be configured to provide access to the proposed development - one ingress only and one egress
only driveway on the west side of the right-of-way. Access to Lot 11, located to the north-east of the portion to
be vacated, will be continued via the portion of the street that is to remain in the public domain. The developer
will provide a bump-out on his property to facilitate the current resident's backout maneuvers. Lots 9 and 10
have access from S.E. 3rd Street about 60 feet from the S.E. 1 ih Avenue intersection and will not be impacted
by the proposed abandonment.
Water and sewer lines to lots 9, 10 and 11 will be extended to tie into the new mains.
8742 A
RECOMMENDA liON
Staff recommends that this request to abandon the portion of S.E. 3,d Street as described above, be approved,
as this segment of public right-of-way serves no public purpose, subject to the comments included in Exhibit "0"
- Conditions of Approval. Any conditions required by the Community Redevelopment Agency Board and the
Commission will be placed in Exhibit "0" - Conditions of Approval.
xc: Central File
S:IPlanningISHAREDlWPIPROJECTSIGulfstream LumberlUptown Lofts at Boynton PlacelABAN 05-Q031Slaff ReportGulrstreamLumberABAN.doc
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 05-143
J:
Chairman and Members
Community Red~n~~ Agency Board
Michael W. Rumpf if<!"
Planning and Zoning Director
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THRU:
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FROM:
Hanna Matras
Planner
DATE:
July 2S, 2005
SUBJECT:
Abandonment of a portion of S.E. 3rd Street (fka Alden Street) right-of-way, approximately 50 feet
wide and 1 OS feet in linear length, located south of the southern boundary of Lot 11, adjacent to
Lots 12 and 13 to the east and lots 14 and 15 to the west as shown on the plat of Central Park,
containing an area of 5,426 square feet or 0.125 acre (ABAN 05-003).
NATURE OF REQUEST
James G. Vitter of Kimley Horn and Associates, Inc., the agent for Gulfstream Lumber Company, is requesting
to abandon a portion of a dead-end segment of S.E. 3rd Street located south of S.E. 1 ih Avenue and west of
Federal Highway. This request was submitted on May 18, 2005.
a location map attached as Exhibit "A" shows the general vicinity of the street right-of-way to be abandoned.
The attached Exhibit "B"- "Proposed Abandonment" shows the location of the subject property and includes a
detailed location of the street to be abandoned antl its legal description.
The following is a description of the zoning districts and land uses of the properties that surround the subject
request.
North -
the continuation of the right-of-way for S.E. 3rd Street, further north the right-of-way for
S.E. 1 ih Avenue;
South -
the property of a proposed Uptown Lofts at Boynton Place development, designated
Mixed Use (MX) and zoned MX-L (Mixed Use-Low);
East
the property of a proposed Uptown Lofts at Boynton Place development, designated
Mixed Use (MX) and zoned MX-L (Mixed Use-Low); and
West
the property of a proposed Uptown Lofts at Boynton Place development, designated
Mixed Use (MX) and zoned MX-L (Mixed Use-Low).
8742
BACKGROUND
In Mayof 1925, the Plat of Central Park was approved. It included a 50-foot wide right-of-way for Alden Street. The
sAgment of the street located south of S.E. 1 ih Avenue dead-ended approximately 300 feet from the S.E. 1 ih
nue intersection. The properties located immediately south of the roadway were never platted, thereby
I-'I~venting further dedication and extension southward of S.E. 3rd street through the Central Park plat.
The segment of the right-of-way to be vacated measures approximately 10S linear feet. The properties located on
the south, east and west sides of the portion of the roadway to be abandoned constitute a part of the proposed
Staff Report - Uptown Lofts at Boynton Place (NWSP 05-021)
Memorandum No PZ 05-131
Page 2
South:
East:
West:
The right-of-way of Woolbright Road (SE 15th Avenue) then developed
commercial property (Sunshine Square) classified Local Retail Commercial (LRC)
and zoned C-3 Community Commercial;
The right-of-way of South Federal Highway, then to the southeast, developed
commercial property (Shell Service Station) classified Local Retail Commercial
(LRC) and zoned C-3 Community Commercial; to the northeast, developed
residential property (Gulfstream Apartments [25.4 dufac] and Snug Harbor
Condominiums [27.7 dufac]) classified High Density Residential (HDR)
(maximum density of 10.8 dufac), and zoned R-3 Multi-family residential;
The right-of-way of the Florida East Coast (FEC) railroad, then developed
property classified Industrial (1) and zoned M-1 Industrial.
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 sign age and mailed notices in
accordance with Ordinance No. 04-007.
Proposal:
Concurrency:
Traffic:
BACKGROUND
Mr. James G. Vitter, agent for the property owner (Gulfstream Lumber Company) is
requesting to develop a large scale, mixed-use project. The survey shows that the
subject property is currently developed with several one (l)-story buildings and
their related parking areas, The intent is to raze the existing lumber yard and
redevelop the site with two (2) apartment buildings with a total of 404 units, 20
townhouse units, a mixed-use building consisting of 70 loft units over 43,361
square feet of retail space. The property was previously rezoned from Community
Commercial (C-3) to Mixed Use-Low (MU-L) on June 17, 2003 per Ordinance 03-
032. However, approval of this project is contingent upon the approval of the
accompanying request to abandon a portion of Alden Street (SE 3rd Street) (ABAN
05-003).
ANALYSIS
Generally, anticipated project traffic is generated by two factors, namely the
proposed use and its intensity. Intensity is typically measured by the proposed
building area (in square feet). A traffic study was submitted by the applicant and
reviewed by the Palm Beach County Traffic Division. However, several comments
were generated by the Traffic Division and as of today, the project has not received
a letter of concurrency approval from Palm Beach County. The applicant has re-
submitted the information addressing the County's comments and is awaiting their
response. No building permits are to be issued until the Traffic Division approves
the study for traffic concurrency purposes (see Exhibit "CIf - Conditions of
Approval).
8743 A
Staff Report - Uptown Lofts at Boynton Place (NWSP 05-021)
Memorandum No PZ 05-131
Page 3
Utilities: The purchase of up to 5 million gallons of potable water per day from Palm Beach
County Utilities represents a portion of the City's potable water supply that would
support the needs of 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.
Policel Fire: For the purposes of this study, a statistical analysis was completed to show the
percentage of increase in police calls for service for the selected project area. A
crime analysis for 2004 shows that there have been 8,971 calls for service for zone
4, which represents 13.3% 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 seven (7) mixed-use projects planned for completion. An
increase of 15% in 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 4 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
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: The School District has not yet determined that adequate capacity exists to
accommodate the projected resident children. No building permits are to be issued
until compliance is demonstrated (see Exhibit "(" - Conditions of Approval).
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
three (3) distinct areas, namely, the five (5)-story apartment building portions, the
townhouse element, and the mixed-use component. The plans show that parking
garages would provide for the majority of off-street parking spaces for the entire
project. 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
8743 B
Staff Report - Uptown Lofts at Boynton Place (NWSP 05-021)
Memorandum No PZ 05-131
Page 4
"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 four (4) locations. The
main entrance is proposed on Federal Highway. This entrance would serve as the
primary point of ingress for all portions of the development. Although not
dimensioned, vehicles traveling either northbound or southbound on Federal
Highway would enter the site via a 24-foot wide opening underneath a two (2)-
story decorative archway. The archway will be discussed later in the staff report.
This opening allows for both vehicle ingress and egress. The egress lane would
allow for right-turn (south) traffic movement onto southbound Federal Highway.
The driveway, drive aisles, and turning radius, internal to the development, would
be improved to conform to current city engineering standards.
The project's second main entrance is proposed along Woolbright Road. This
entrance would provide access to the entire site. Although not dimensioned, when
scaled, it appears that this second driveway opening proposed on Woolbright Road
would also be 24 feet in width. The opening would be located over 400 feet west
of the intersection of Federal Highway and Woolbright Road. It should be noted
that an existing traffic signal is located on Woolbright Road just west of this
proposed second entrance into the subject development. However, at the present
time, this traffic signal only serves the commercial plaza directly to the south and
across the street of the subject property. It is intent of this project to relocate the
existing traffic signal (on Woolbright Road) approximately 250 feet to the east in
order to align with the proposed entrance (for the subject development) as well as
connecting to an existing alternate entrance to the commercial plaza to the south.
This realignment is currently being coordinated between the City and the Palm
Beach County Traffic Engineering. As a side note, the proposed location of this
signalized intersection would be nearly equidistant from both the railroad tracks and
the intersection of Federal Highway / Woolbright Road.
The site plan shows two (2) alternate entrances; one proposed on Woolbright
Road, the other, proposed on Alden Street (SE 3rd Street) near Southeast 1th
Avenue. The purpose of the ingress / egress proposed along Woolbright Road
would be to provide access to only the five (5) story condominium portion of the
development. Although not dimensioned, the driveway opening appears to be 24
feet in width. It would allow for right (west) turn traffic movements but left (east)
turn traffic movements onto Woolbright Road would have to be further evaluated.
The second alternate entrance proposed on Alden Road (SE 3rd Street) and
Southeast 1ih Avenue would provide access to the entire development.
Parking Facility: Off-street parking proposed within the development must meet the requirements in
Chapter 2, Section l1.H. of the Boynton Beach Land Development Regulations.
The project proposes a mix of residential and retail uses. One-bedroom apartment
units require one and one-half (1112) parking spaces. Two bedroom apartment units
require two (2) parking spaces. The project proposes a total of 494 dwelling units
(with a mixture of one, two, and three bedrooms) in conjunction with 43,361
square feet of retail space. When combined with the additional parking spaces
8743 C
Staff Report - Uptown Lofts at Boynton Place (NWSP 05-021)
Memorandum No PZ 05-131
Page 5
required for recreation areas and leasing facilities, the total parking requirements
equal 1,124 spaces. The project proposes 1,344 parking spaces, an excess of 220
parking spaces (see Exhibit "C" - Conditions of Approval). The parking spaces
would be proVided as follows: 1,223 parking garage spaces, 40 townhouse garage
parking spaces, 16 tandem driveway spaces, 42 on-street parking spaces, and 23
surface parking spaces.
Collectively, the south and north apartment towers require a total of 727 parking
spaces. The plans propose 467 parking spaces within each apartment tower
garage, thereby providing a cumulative total of 934 parking spaces; an excess of
207 parking spaces. A total of 54 spaces in each garage are earmarked for guest
parking. The guest parking would occur on the ground floor. The intent is to
restrict access to the upper levels of the garage so that those spaces may be used
solely by the residents who reside within apartment building.
The three (3)-story mixed-use buildings (retail and residential) proposed along
Federal Highway and Woolbright Road, in conjunction with the 3,404 square foot
indoor recreation area would require a total of 352 parking spaces. The adjacent
parking garage would accommodate up to 289 vehicles. The intent is to utilize the
42 on-street (internal) parking spaces and the 23 surface parking spaces.
Combined, the plan would provide 354 parking spaces for these uses, an excess of
two (2) spaces. It should be noted that the floor plan of the 3,404 square foot
indoor recreation building indicates that it would be used for retail purposes.
However, the applicant informed staff that this is not the intended use and it is
earmarked for an indoor recreation area for residents of the loft units. This should
be noted as such on both the site plan and respective floor plan at the time of
permitting (see Exhibit "C" - Conditions of Approval).
The 20-townhouse units and corresponding community pool would require a total
of 45 parking spaces. Each unit would have a two (2)-car garage thereby providing
40 garage spaces. Also, 16 driveway spaces would be provided as well. The
townhouses would have 11 extra parking spaces. Staff recognizes that users of the
community pool would not park their vehicles in other townhouse owners'
driveways, Users of the community pool would either use the surface parking or
on-street parking. This sharing of the surface spaces with the 3,404 square foot
indoor recreation building (proposed along Federal Highway) for the loft units is
acceptable to staff,
Landscaping:
The cover sheet tabular data indicates that the proposed pervious areas would
equal 119,707 square feet or 18.8% of the site. The MU-L zoning district requires
a minimum 20% pervious area. Therefore, an extra 1.2% or 23,941 square feet of
pervious surface shall be found (see Exhibit "C" - Conditions of Approval).
According to the applicant, the additional pervious surface can be accommodated
by including the courtyard areas within the five (5)-story apartment buildings. The
Landscape Notes (sheet L-4) indicates the subject site currently contains 110 trees.
The landscape plan indicates the tree location areas would occur along Woolbright
Road. The landscape plan plant list IJroposes a total of 155 canopy trees, 120 palm
8743 0
Staff Report - Uptown Lofts at Boynton Place (NWSP 05-021)
Memorandum No PZ 05-131
Page 6
trees, 5,716 shrub and groundcover plants. According to the plant list, 92% of the
canopy trees would be native and 100% of the palm trees would be native. The
landscape plan also proposes a 100% native shrubs / hedges / accent plants.
Currently, the plant list indicates the following species: Date palm, Cabbage palm,
Purple Glory tree, Live Oak, Annuals, Dwarf Yaupon Schillings, Flame of the Woods
Ixora, Florida Privet, Aztec Grass, and Dwarf Scheff/era. In order to prevent
monoculture (against possible disease), the landscape plan proposes varying plant
material. The alternate species are as follows: Foxtail palm, Washington palm,
Red Maple, Sycamore, Silver Buttonwood, Anise, Indian Hawthorne, and Sadakwa
Viburnum. However, considering the size of the project, the variety of plant
material is still minimal. Staff recommends the use of a greater palette of shrub
material, especially those with more colorful varieties. At the very least, staff
recommends including Florida Royal palm trees within the alternate plant list (see
Exhibit "c" - Conditions of Approval).
Note #1 on the plant list indicates that the palm trees proposed in front of the
buildings (along Federal Highway and Woolbright Road) would be installed at least
half of the building height. These mixed-use buildings would be located close to
the east and south property lines and therefore, would be consistent with the intent
of the Land Development Regulations of the MU-L zoning district. However, the
landscape plan still would provide for plant material along these main roadways to
help break up the building mass. In fact, these areas would be at least 10 feet in
width to accommodate the installation of larger-size palm trees.
Similar to the north landscape buffer, the south landscape buffer would also be 10
feet in depth at its narrowest point. Again, the palm trees proposed within this
buffer would be installed at half the building height. As previously mentioned, the
relocated trees would be transplanted to the specific areas within this southern
buffer to help soften the bulk of the five (5)-story apartment building. The south
buffer would include Live Oak and Cabbage palm trees.
Although not dimensioned, it appears as though the west landscape buffer adjacent
to the Florida East Coast railroad right-of-way would be four (4) feet in width at its
narrowest point. Generally, the plant material proposed within this buffer would be
minimal. No residential units within the apartment buildings would face the
railroad tracks. In essence, the interior parking garages would buffer the units
from the train noise.
Although not dimensioned, the north landscape buffer appears to be over 10 feet
at its narrowest point. This buffer would occur along Southeast 1th Avenue and
between the subject property and the few remaining lots of the block. This buffer
would contain the Live Oak trees, hedge material and groundcover plants.
The interior of the site would basically contain the same plant material as the
perimeter buffers. Staff focused on the location and height of the proposed trees,
especially in areas where parking structures and large buildings are proposed. The
mixed-use parking garage would be softened by the installation of Cabbage palm
trees along all facades spaced no greater than 15 feet apart. The interior street
8743 E
Staff Report - Uptown Lofts at Boynton Place (NWSP 05-021)
Memorandum No PZ 05-131
Page 7
system would have parallel (on-street) parking spaces interrupted by "bulb-outs".
Each bulb-out would contain a live Oak shade tree installed within them.
However, staff offers the following recommendations to enhance the overall
landscape design of the project - installing additional groundcover plants at the
base of each tree within each bulb-out; installing additional trees and Philodendron
selloum along the south fa~ade of the South Tower and the east fa~ades of both
towers.
Building and Site: The site plan proposes a mix of residential and commercial uses. The commercial
square footage would total 10.1% of the total building area. 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
Mixed-Use land use category would be 40 dwelling units per acre. The proposed
project density would be 33.8 dwelling units per acre. As previously mentioned,
the existing buildings would be replaced with two (2) five (5)-story apartment
buildings, a three (3)-story mixed-use building, and three (3)-story townhouse
buildings. The depth of the parcel extends westward from Federal Highway to the
Florida East Coast railroad tracks. The subject property fronts on two (2) major
roadways (Federal Highway and Woolbright Road). The taller, five (5)-story,
apartment buildings would back against the west property line along the railroad
tracks whereas the three (3)-story mixed-use buildings would face Federal Highway
and Woolbright Road. The apartment buildings as well as the mixed-use buildings
would contain internal parking garages. The mixed-use buildings are oriented so
that they "face" the street, a characteristic fully endorsed by staff. The MU-L
zoning district allows for a maximum building height as a permitted use, of 75 feet.
The elevations of the apartment towers show that both buildings would comply
with the height limitation. The roofline level would be at 52 feet - six (6) inches in
height while the peak of the structure would be 67 feet - two (2) inches in height.
The three (3)-story townhouses are proposed at 37 feet - one (1) inch in height.
They would be located along the internal roadway system between the apartment
buildings (to the west) and the mixed-use buildings (to the east). The mixed-use
buildings would be 43 feet - five (5) inches in height at the midpoint of the roof
and 50 feet in height at the peak. 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 10-foot
front setback. The south side setback of the mixed-use building proposed along
Woolbright Road would be 10 feet - nine (9) inches in width at the narrowest
point. The South (apartment) tower would be 51 feet - six (6) inches from the
south property line. As previously mentioned, the apartment towers proposed
along the railroad tracks appear to be setback four (4) feet from the west property
line. The North (apartment) tower would be located 12 feet - two (2) inches from
the north property line at its narrowest point. The development's clubhouse would
be located 44 feet - eight (8) inches from the north property line.
8743 F
Staff Report - Uptown Lofts at Boynton Place (NWSP 05-021)
Memorandum No PZ 05-131
Page 8
The plans show that the commercial areas of the mixed-use buildings would occur
on the first floor only. The residential "loft" units would occur on the second and
third floors. According to the site plan tabular data, one (l)-bedroom, two (2)-
bedroom, and three (3)-bedroom units would occur within all building types
(apartment towers, lofts, and townhouses). However, the townhouse units would
only be offered in the three (3)-bedroom unit configuration. The smallest unit
within the five (5)-story apartment buildings would be 911 square feet (under A/C)
and the largest unit would be 1,603 square feet (under A/C). The floor plans of the
townhouse units show that each unit would be 1,554 square feet (under AlC). The
smallest sized loft unit is shown to be 712 square feet (under AlC). According to
Chapter 2, Section 5.F.5., the MU-L zoning district requires that the minimum unit
size be 750 square feet in area. These units would not comply with code as it's
currently labeled. However, the applicant informed staff that this was a scrivener's
error and that the units would be 771 square feet in area. Therefore, at the time
of permitting, the floor plans will have to be modified to be labeled as such (see
Exhibit "C" - Conditions of Approval). The largest sized loft unit would be 1,186
square feet in area.
Design:
The proposed development can be generally described as being separated into
three (3) different areas. The eastern third would be comprised of the mixed-use
buildings, The central third would be comprised of the townhouse buildings and
the western third would be comprised of the apartment towers. The proposed
architecture could be described as contemporary mixed with hints of Spanish-
Mediterranean. 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 garages of the tower buildings would be enclosed but would
have decorative openings compliant with Florida Building Code. These openings
would resemble large windows. The mixed-use parking garage would have the
palm trees installed around all sides.
The elevations do not indicate the proposed exterior finish and colors of the
buildings; a color schedule has been provided via ledger-sized color elevations.
The applicant is proposing four (4) colors throughout the entire development. The
project's proposed building colors are as follows:
Terracotta
Brown
Creme
Light Green
Red Clay
Casbah
Desert Floor
Desert Valley
IeI 213
ICI 203
ICI 561
IeI 629
The project also proposes canvas awnings on the mixed-use buildings. Although
not indicated on the elevations, the applicant informed staff that the awning colors
would be blue, green, or red with white stripes. Staff recommends that the
awnings be an element of a future design program (see Exhibit "C" - Conditions of
Approval). The intent is to have all buildings (both mixed-use, apartment towers,
and townhouses) share the same color palette. A general intent of Chapter 9
8743 G
Staff Report - Uptown Lofts at Boynton Place (NWSP 05-021)
Memorandum No PZ 05-131
Page 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. Staff recommends that all roofs for all buildings be
covered with the same style and color of roof tile (see Exhibit "C" - Conditions of
Approval), Color, window forms, and decorative appointments are used to unify
the buildings. One of the most interesting project features is the inclusion of an
archway that would connect the mixed-use building to the 3,404 square foot indoor
recreation building. The archway's sole purpose is for aesthetic appeal to create
the illusion of connecting all the buildings proposed along Federal Highway
together.
Signage:
Minimal project detail regarding proposed signage was shown with this submittal.
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.
RECOMMENDATION:
Staff has reviewed this request and recommends approval, contingent upon the approval of the
accompanying request for abandonment (ABAN 05-003) and all items noted within Exhibit "C" - Conditions
of Approval. Any additional conditions recommended by the Board or City Commission shall be
documented accordingly in the Conditions of Approval.
S:\Planning\SHARED\WP\PROJECTS\Gulfstream Lumber\Uptown Lofts at Boynton PlacelNWSP 05-021\Staff Report.doc
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EXHIBIT "C"
Conditions of Approval
Project name: Uptown Lofts at Boynton Place
File number: NWSP 05-021
Reference: 2nd review plans identified as a New Site Plan with a June 12.2005 Planning and Zoning
Department date stamp marking.
II
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments:
1. A minimum turning radius of 60 feet is required for the approach to the dumpster.
Provide a minimum backing clearance of 60 feet. (measured from the front edge of
the dumpster pad,) (LDR, Chapter 2, Section 11.J.2.b,).
PUBLIC WORKS - Traffic
Comments:
2. Provide a notice of concurrency (Traffic Performance Standards Review) from Palm
Beach County Traffic Engineering.
3. Revise the provided traffic study to evaluate warrants for signalization at SE 12th
A ve. using baseline traffic volumes plus proposed development volumes.
4. Provide detailed off-site improvement plans, acceptable to the City, for Woolbright
Road, including proposed signalization and striping. The off-site improvement
plans shall also include the following: extend the median west of the railroad
crossing (Woolbright Road) terminating west of Southeast 1 sl Street, extend the
median east of the railroad crossing (Woolbright Road) terminating east of the
currently signalized intersection entering Sunshine Square. Right-in / right-out
movements only will be allowed for southbound Southeast 1 sl A venue, northbound
exiting Sunshine Square and southbound exiting from the west development service
drive,
5. The developer shall provide a surety in the amount of 110% of the engineer's
estimate for the cost of this work. Construction of the required improvements shall
be completed pending outside agency approvals and prior to issuance of the final
Certificate of Occupancy for the project as required by the Amendments to the
Building Code. In the event outside agency approvals are not granted the surety
shall be returned to the Development and an alternate off-site plan depicting site
access conditions shall be submitted for both the City and County approval.
ENGINEERING DIVISION
Comments: 8743 W
6. Full drainage plans, including drainage calculations, in accordance with the LDR,
Chapter 6, Article IV, Section 5 will be required at the time of permitting,
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DEP ARTMENTS INCLUDE REJECT
7. 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:
8. All utility easements and utility lines shall be shown on the Site Plan and Landscape
Plans (as well as the Water and Sewer Plans) so that we may determine which
appurtenances, trees or shrubbery may interfere with utilities. In general, palm trees
will be the only tree species allowed within utility easements. Canopy trees may be
planted outside of the easement so that roots and branches will not impact those
utilities within the easement in the foreseeable future. The LDR, Chapter 7.5,
Article I, Section 18.1 gives public utilities the authority to remove any trees that
interfere with utility services, either in utility easements or public rights-of-way.
9. Palm Beach County Health Department permits will be required for the water and
sewer systems serving this project (CODE, Section 26-12).
10. 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)).
11. 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.
12. 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.
13. 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 engineering
drawings, using 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).
14. This office will not require surety for installation of the water and sewer utilities, on
condition that the systems be fully completed, and given to the City Utilities
Department before the first permanent meter is set. Note that setting of a permanent
water meter is a prerequisite to obtaining the Certificate of Occupancy.
8743 X
15. 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
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R
DEP ARTMENTS INCLUDE REJECT
proiect, in accordance with the CODE, Section 26-15,
16. Appropriate backflow preventer(s) will be required on the domestic water service to
the building(s), and the fire sprinkler line if there is one, in accordance with the
CODE, Section 26-207.
17. Show diameters for all existing water and sewer depicted on the plans. As-built
information may be obtained from the City of Boynton Beach Utilities Department.
18. 8-inch water mains proposed within the development and connecting to 6-inch lines
in Woolbright Rd, and Federal Hwy., and SE 12th Ave. are insufficient to provide
1,500 g.p.m. with 20 p.s.i. residual pressure as required by Code. External
improvements will be required. In order to accomplish this, a Hardy-Cross analysis
will be required of this region of the city to determine the extent of external
requirements.
19. A public lift station will not be permitted on this project. If no alternative to using a
lift station is found a private lift station may be allowed. Additional information
regarding finish floor elevations and site elevations is needed for Staff to make an
adequate analysis of the proposal.
20. 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: None
POLICE
Comments: None
BUILDING DIVISION
Comments:
21. Indicate within the site data the type of construction of each building as defined in
2001 FBC, Chapter 6.
22. Indicate within the site data the occupancy type of each building as defined in 2001
FBC, Chapter 3.
8743 Y
23. Every exterior wall within 15 feet of a property line shall be equipped with
approved opening protectives per 2001 FBC, Section 705,1.1.2,
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DEP ARTMENTS INCLUDE REJECT
24. 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.
25. 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.
26. At time of permit review, submit signed and sealed working drawings of the
proposed construction.
27. Add a labeled symbol to the site plan drawing that identifies the location of the
handicap accessible parking spaces. The quantity of the spaces shall be consistent
with the regulations specified in the 2001 FBC. The accessible parking spaces that
serve a use shall be located on the shortest safety accessible route of travel from
adjacent parking to an accessible entrance. The 2001 FBC states that buildings with
multiple accessible entrances shall have accessible parking spaces dispersed and
located closest to the accessible entrance. 2001 FBC, Sections 11-4.1.2(5),4.3, and
4.6.
28. Add to each building space that is depicted on the drawing titled site plan and floor
plan a labeled symbol that identifies the location of the handicap accessible entrance
doors to each building. 2001 FBC, Sections 11-4.1.2, 11-4.1.3, and 11-4.3.
29. 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 parking
spaces and the accessible entrance doors to each building. The installed symbol,
required along the path, shall start at the accessible parking spaces and terminate at
the accessible entrance doors to each building. The symbol shall represent the I
location of the path of travel, not the location of the detectable warning or other
pavement markings. The location of the accessible path shall not compel the user to
travel in a drive/lane area that is located behind parked vehicles. Identify on the plan
the width of the accessible route. (Note: The minimum clear width of an accessible
route shall be 36 inches, except at curb ramps that are part of a required means of
egress shall not be less than 44 inches). Add text to the drawing that would indicate
that the symbol represents the accessible route and the route is designed in
compliance with 2001 FBC, Section 11-4.3 (Accessible Route) and 11-4.6 (Parking
and Passenger Loading Zones). 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.
8743 Z
30. A minimum of 2% of the total parking spaces provided for the dwelling units
covered under the Fair Housing Act shall be accessible and comply with the
requirements of the act. Accessible parking spaces shall be equally distributed for
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I
DEPARTMENTS
each type of parking provided, e.g, surface parking, parking structures, etc, per Title
24 CFR, Part 100.205.
31. 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 unitls 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),
32. 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.
33. 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 36 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.
34. Identify within the site data the finish floor elevation (lowest floor elevation) that is
proposed for the building. Verify that the proposed elevation is in compliance with
regulations of the code by adding specifications to the site data that address the
following issues:
a. The design professional-of-record for the project shall add the following text to
the site data. "The proposed finish floor elevation _' _ NGVD is above the
highest 100-year base flood elevation applicable to the building site, as
determined by the SFWMD's surface water management construction
development regulations."
b. From the FIRM map, identify in the site data the title of the flood zone that the
building is located within. Where applicable, specify the base flood elevation, If
there is no base flood elevation, indicate that on the plans.
c. Identify the floor elevation that the design professional has established for the
building within the footprint of the building that is shown on the drawings titled
site plan, floor plan and paving/drainage (civil plans).
8743 Aa
INCLUDE
REJECT
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DEP ARTMENTS
35. 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.
36. To properly determine the impact fees that will be assessed for the one-story
clubhouse, provide the following:
a.Will the clubhouse 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?
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 clubhouse.
37. 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.
38. 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.
39. 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.
b. 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.
c. The number of dwelling units in each building.
d. The number of bedrooms in each dwelling unit.
e. The total amount paid and itemized into how much is for water and how much
is for sewer.
(CBBCO, Chapter 26, Article II, Sections 26-34)
40. At time of building permit application, submit verification that the City of 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. 8743 Ab
c. If the project is a multi-family project, the building number/s must be provided.
INCLUDE
REJECT
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I
DEPARTMENTS
The building numbers must be the same as noted on the Commission-approved
site plans,
d. The number of dwelling units in each building.
e. The total amount being paid.
(CBBCO, Chapter I, Article V, Section 3(t))
41. 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.
42. 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, The name of the
project as it appears on the Development Order must be noted on the building
permit application at the time of application submittal.
43. This structure meets the definition of a threshold building per F.S. 553.71(7) and
shall comply with the requirements ofF.S. 553.79 and the CBBA to the 2001 FBC,
Sections 105.3.1 through 105.3.6.
The following information must be submitted at the time of permit
application:
a. The structural inspection plan must be submitted to the enforcing agency prior
to the issuance of a building permit for the construction of a threshold building.
b. All shoring and re-shoring procedures, plans and details shall be submitted.
c, All plans for the building that are required to be signed and sealed by the
architect or engineers of record shall contain a statement that, to the best of the
architect's or engineer's knowledge, the plans and specifications comply with
the applicable fire safety standards as determined by the local authority in
accordance with this section and F.S. Section 633.
44. The lofts above the retail space shall comply with the Fair Housing Act. This level
meets the definition of "ground floor" in the Fair Housing Act and an accessible
route via a ramp or elevator must be provided to the first floor of dwelling units,
45. Sheet A1.0 indicates 583 parking spaces in the north and south parking structures
yet Sheets A2.0 I through A2.05 and A2,07 through A2,II totals 479 spaces.
Clarify.
46. Sheet A2.16 shows doors from mechanical closets opening into an egress corridor.
Any door in a means of egress shall comply with the 2001 FBC, Section 1012.1.4.
47. The passenger elevators shall be constructed to accommodate an ambulance
stretcher 76 inches long and 24 inches wide in the horizontal position per the 2001
FBC, Section 3003.4.1. Each elevator must be made accessible to physically
handicapped persons per the 2001 FBC, Section 3003.4,2 and 2001 FBC, Section
8743 Ac
INCLUDE
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DEP ARTMENTS INCLUDE REJECT
11-4.10.
PARKS AND RECREATION
Comments:
48. The Landscape Notes indicate the use of cypress mulch. This should be changed to
eucalyptus or melaleuca mulch.
49. Impact Fee as follows:
482 Multifamily units at $656.00 per unit = $316,192
20 single family, attached units at $ 771.00 per unit = $15,420
TOTAL $ 331,612
50. Provide a letter from DERM to state contamination has been mitigated.
51. The use of potable water will be reviewed and approved by the Utilities Division of
Public Works.
FORESTERlENVIRONMENT ALIST
Comments:
52. The Landscape Architect should tabulate the total existing trees on the site. The
tabular data should show the individual species of trees proposed to remain in place,
be relocated throughout the site, or removed / replaced on site. All desirable species
of existing trees must be relocated rather than removed if the trees are in good
health. These trees should be shown by a separate symbol on the landscape plan
sheet L-4 (Chapter 7.5, Article I Sec. 7.D.p. 2.).
53. The mulch note should be changed to state that no Cypress mulch can be used on
the site.
PLANNING AND ZONING
Comments:
54. Approval of the site plan is contingent upon the successful abandonment (ABAN
05-003) of a portion of Alden Street.
55. A traffic study was submitted by the applicant and forwarded to the Palm Beach
County Traffic Division. No building permits are to be issued by the City until the
Traffic Division approves the study for traffic concurrency purposes
8743 Ad
56. The project must obtain approval from the School District of Palm Beach County
regarding school concurrency prior to the issuance of a building permit.
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INCLUDE
REJEC
57. A unity of title may be required. The Building Division of the Department of
Development will determine its applicability. Regardless, this project is treated as a
large-scale mixed-use project whereby density, buildings, and site regulations are
based upon the entire 14.463-acre parcel. Please note that there should be no future
attempt to subdivide the two (2) residential towers from the rest of the plan because
to do so, would cause the densi , buildin s, and site to become non-conformin .
58. The site plan tabular data (sheet C-l) should accurately indicate the number of required parking spaces. The
code requires parking as follows:
Re uired Parkin
294
428
168
10
217
5
2
1,124
Provided Parkin
aces
934
289
40
16
42
23
1,344
+220
Net Difference
At the time of
, revise the site Ian tabular data to reflect this information.
59. At the time of permitting, revise the 5th level floor plan of the south apartment tower
to correctl show the labels for each arkin s ace.
60. The floor plan and elevations of the 3,404 square foot stand-alone building located
at the northeast corner of the site indicates that it would be used for retail purposes.
However, the applicant informed staff that it would be used for an indoor recreation
area for the residents of the lofts of the mixed-use building. This should be noted as
such on both the site Ian and res ective floor Ian at the time of ermittin .
61. The code defines building height as follows: The vertical distance in feet measured
from the lowest point at the property line of an adjacent property or from the
minimum base flood elevation as established by FEMA, whichever is highest, to the
highest point of the roof for flat roofs, to the deck line for mansard roofs and
parapet roofs with parapets less than five (5) feet in height. Gable and hip roof
heights shall be measured to the midpoint between the eaves and the ridge. At thte
time of permitting, on all elevation pages, indicate the proposed building heights as
defined b the aforementioned code. 8743 Ae
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DEP ARTMENTS
62. At the time of permitting and contingent upon the successful abandonment of a
portion of Alden Street, the site plan tabular data should reflect the correct parcel
size of635,4l7 s uare feet or 14.58 acres.
63. The Mixed Use-Low zoning district requires 20% pervious surface for mixed-use
developments. The plan provides a total of 18.8% pervious surface. An extra 1.2%
of ervious surface shall be rovided rior to the issuance of an buildin ermits.
64. 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.). On sheet A4.08, correctly label the direction (i.e. north,
south, east, or west elevation) of each building elevation. Provide elevations of the
south fayade of the dumpster service yard proposed along Woolbright Road.
Provide west elevation of the parking structure in great detail, to fully depict what
the eastbound motorist on Woolbright would see as their first impression of the
project. A scaled drawing should depict the landscaping along this elevation at
ro osed s acin and hei ht.
65. The smallest sized loft unit is shown to be 712 square feet (under A/C). The MU-L
zoning district requires a minimum unit size of 750 square feet and therefore, these
units do not comply with code as currently labeled. At the time of permitting, the
floor lans will have to be revised to address this labelin issue.
66. A landscape barrier will be required along the west side of the mixed-use parking
garage (Chapter 7.5, Article II, Section 2.B.3.). A landscape barrier is a near solid
element intended to block all direct and reasonable views to parked vehicles. The
landscape barrier shall be consisting of shade and palm trees that when planted, is
tip-to-tip spacing in order to achieve a continuous visual screen. Also, staff
recommends installing additional palm trees at tip-to-tip spacing around each side
of this mixed-use arkin ara e.
67. Landscaping at each project entrance shall contain a combination of colorful
groundcover plants and a minimum of two (2) colorful shrub species on both sides
of the entrance (if sufficient space is provided- Chapter 7,5, Article II, Section
5.N. . Revise landsca e lans so that the com 1 with the above referenced code.
68. All proposed wall signage is subject to the Community Redevelopment Agency
Board and City Commission review and approval. Staff recommends creating a
master sign program that shows the number, location, dimensions, exterior finish,
and color(s) of all signs (Chapter 2, Section 5.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 21 of the
Land Development Regulations. Also, the awning size, materials, and color(s)
should be included within the si ro am as well.
8743 Af
69. At the time of permitting, revise the photometric plan (sheet P-l) to eliminate the
reference to a "6-sto residential tower". The tower is onl five 5 -stories.
INCLUDE
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DEPARTMENTS INCLUDE REJECT
70. The subject site is located along Palm Tran Bus Route 1. A bus stop should be
shown on the site plan (sheet C-l), in particular, along Federal Highway. Staff
recommends that the stop be placed at least 300 feet away from the intersection of
Federal Highway and Woolbright Road. Staff also recommends that it be a
substantial and attractive bus stop, possibly constructed within the build-to area of
the subject property. Coordination with Palm Tran is recommended.
71. Staff recommends installing additional groundcover plants at the base of each tree
within the bulb-outs of the interior street system. Also, staff recommends installing
additional trees (i.e. combination of Washingtonia and Travelers palm trees) and
Phillidendron selloum plants along the south fayade of the South Tower and the east
fayades of both towers. The trees should be of substantial size (approximately one-
half of the height of the structure) at the time of their installation to help soften the
impact of the 63-foot tall residential towers,
72. Staff recommends incorporating benches into the design of the public plaza
proposed at the southeast comer of the subject property.
73. At present, the alternate plant species are as follows: Foxtail palm, Washington
i palm, Red Maple, Sycamore, Silver Buttonwood, Anise, Indian Hawthorne, and
Sadakwa Viburnum. Considering the size of the project, the variety of plant
material is still minimal. Staff recommends the use of a greater palette of shrub
material, especially those with more colorful varieties. Staff recommends including
Florida Royal palm trees within the alternate plant list as well.
74. Staff recommends that all roofs for all buildings be covered with the same style and
color of roof tile.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS:
Comments:
75. To be determined.
ADDITIONAL CITY COMMISSION COMMENTS:
Comments:
76, To be determined,
MWR/elj
S:IPlanning\SHARED\WPIPROJECTS\BEACHSIDE @ BOYNTON\NWSP 05-021\COA.doc
8743 Ag
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
Uptown Lofts at Boynton Place
AGENT:
Mr. James G. Vitter with Kimley-Horn and Associates, Incorporated.
AGENTS ADDRESS:
601 21st Street, Suite 400 Vero Beach, FL 32960
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
September 6,2005
TYPE OF RELIEF SOUGHT: Request New Site Plan approval in order to construct two (2) identical five (5)-
story apartment buildings (202 units each) for a total of 404 dwelling units. The
site plan also includes an additional 20 townhouse units in conjunction with
three (3)-story mixed-use buildings consisting of 43,361 square feet of retail (on
the ground floor) and 70 "loft" style dwelling units proposed on the second and
third stories, all of which, are proposed on a 14.6-acre site zoned Mixed Use-
Low (MU-L).
LOCATION OF PROPERTY: Northwest corner of the intersection of Federal Highway and Woolbright Road
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:\PJanning\.SHARED\WP\PROJECTS\Gulfstream Lumber\Uptown Lofts al Boynton Place\NWSP 05-021\DO.doc
8743 Ah
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
The Arches
AGENT:
Bonnie Miskel and Kim Glas-Castro with Ruden McClosky
AGENTS ADDRESS:
222 Lakeview Avenue, Suite 800 West Palm Beach, FL 33401
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
September 6,2005
TYPE OF RELIEF SOUGHT: Request Major Site Plan Modification approval to construct a mixed-use
development consisting of 378 dwelling units and 40,596 square feet of retail
on a 4.688-acre parcel zoned MU-H Mixed Use-High.
LOCATION OF PROPERTY: Southwest corner of the intersection of Federal Highway and East Ocean
Avenue
DRAWING(S): SEE EXHIBIT lOB" 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:\PJanning\SHARED\WP\PROJECTSIARCHES @ BB\MSPM 05-008\DO,doc
8744 Aa
TO:
THRU:
FROM:
DATE:
PROJECT:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 05-146
Chair and Members
Community Redevelopment Agency Board and City Commission
Michael Rumpf
Director of Planning and Zoning
Eric Lee Johnson, AICP (f~
Planner
August 4, 2005
The Arches / HTEX 05-006
Height Exception
Property Owner:
Applicant:
Agent:
Location:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Uses:
Acreage:
Adjacent Uses:
North:
South:
East:
Boynton Ventures I, LLC
Boynton Ventures I, LLC
Ms, Bonnie Miskel and Ms. Kim Glas-Castro with Ruden McClosky
Southwest corner of Ocean Avenue and Federal Highway(Exhibit "A'')
Mixed Use (MX)
Mixed Use Core (MX-C)
Central Business District (CBD)
Mixed Use High (MU-H)
Mixed Use Core (MX-C)
Mixed Use High (MU-H)
Retail:
Residential:
40,596 square feet
1 bedroom (240 units)
2 bedroom (138 units)
4.688 acres (204,208 square feet)
Right-of-way for Ocean Avenue and farther north are developed propertie~
zoned Central Business District (CBD);
Right-of-way for Southeast 2nd Avenue and farther south is a developec
commercial plaza zoned Community Commercial (C-3);
Right-of-way for Federal Highway and father east is developed commercia
properties zoned CBD; and 8745
Staff Report - The Arches (MSPM 05-008)
Memorandum No PZ 05-142
Page 2
South:
Right-of-way for Southeast 2nd Avenue and farther south is a developed
commercial plaza zoned Community Commercial (C-3);
East:
Right-of-way for Federal Highway and father east is developed commercial
properties zoned CBO; and
West:
Right-of-way for Southeast 4th Street and still farther west is developed
commercial properties zoned CBO.
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:
Boynton Ventures I, LLC assembled many lots within two city blocks in order to
develop a large scale mixed use project. The subject property is located within
Study Area III of the Federal Highway Corridor Community Redevelopment Plan
and a portion was previously approved for a rezoning (LUAR 03-003), from Central
Business District (CBO) to Mixed-Use High (MU-H). In addition, the property was
also approved for a site plan (NWSP 03-002) consisting of three (3) buildings
ranging from three (3) stories to 10 stories in height. The previously approved site
plan contained 276 dwelling units, 24,296 square feet of retail, 18,169 square feet
of office, and 12,699 square feet of restaurant use. It should be noted that a
portion of an alley on Block 7 was previously abandoned (ABAN 03-002) to
accommodate the aforementioned uses. The project represented the second
"mixed-use" type of development within the MU-H zoning district at the time of its
approval. Since then, Boynton Ventures I, LLC acquired additional property on
Block 7 on the Original Town of Boynton plat. As such, the applicant is now
requesting a major site plan modification in order to construct a total of 378
dwelling units and 40,596 square feet of retail, which could include office and
restaurant uses. This modification represents an increase in the retail area by
16,300 square feet and an overall increase in the number of dwelling units by 102
units. However, the office and restaurant uses have been eliminated from the
plans; although a future conversion between the uses is probable. Regardless, the
total "commercial" area has been reduced by 14,568 square feet. Approval of the
site plan will be contingent upon the approval of the accompanying request for land
use amendment / rezoning (LUAR 05-008). The recently acquired property would
require the Mixed Use-Core (MX-C) land use and Mixed Use-High (MU-H) zoning.
In order to attain higher residential density and achieve better project
cohesiveness, the applicant submitted three (3) separate requests to abandon
several adjoining rights-Of-way (i.e. sidewalks, alleys, and streets). They are
itemized as follows: ABAN 05-005, is for the remaining portion of Southeast 1st
Place ( 0.057-acres), ABAN 05-004, would abandon Southeast 1st Avenue (0.308-
acres), and ABAN 05-006, would abandon the sidewalks along Southeast 4th Street,
Southeast 2nd Avenue, and East Ocean Avenue (0.221-acres). It should be noted
8744 A
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 05-142
STAFF REPORT
TO:
FROM:
Chair and Members
Community Redevelopment Agency Board and City Commission
Michael Rumpf't'-{C~
Planning and Zoning Director
t
THRU:
Eric Lee Johnson, AICP
Planner
DATE:
August 4, 2005
PROJECT NAME/NO:
The Arches / MSPM 05-008
REQUEST:
Major Site Plan Modification
PROJECT DESCRIPTION
Property Owner: Boynton Ventures I, LLC
Applicant: Boynton Ventures I, LLC
Agent: Ms. Bonnie Miskel and Ms. Kim Glas-Castro with Ruden McClosky
Location: Southwest corner of Ocean Avenue and Federal Highway(Exhibit "A'')
Existing Land Use: Mixed Use (MX)
Mixed Use Core (MX-C)
Existing Zoning: Central Business District (CBD)
Mixed Use High (MU-H)
Proposed Land Use: Mixed Use Core (MX-C)
Proposed Zoning: Mixed Use High (MU-H)
Proposed Uses: Retail: 40,596 square feet
Residential: 1 bedroom (240 units)
2 bedroom (138 units)
Acreage: 4.688 acres (204,208 square feet)
Adjacent Uses:
North:
Right-of-way for Ocean Avenue and farther north are developed properties
zoned Central Business District (CBD);
8744
Staff Report - The Arches (MSPM 05-008)
Memorandum No PZ 05-142
Page 3
that these abandonment requests will be reviewed by the Board and City
Commission at a later date,
However, staff does not support the abandonment of the sidewalks (ABAN 05-006).
The reasons for this position are as follows: Abandoning public sidewalks to
benefit a property owner is contrary to standard procedure and will set a precedent
that will be sought by other property owners / developers desiring increased
density. This becomes problematic because abandoning sidewalks to increase
project density is contrary to the standard methodology used by city staff and
others conducting planning studies on growth projections. To allow the
abandonment of sidewalks (en masse) in order to attain increased residential
densities will cause complications related to comprehensive planning, long-range
traffic analysis, and infrastructure needs / assessment. The land area of the
sidewalks to be abandoned would amount to 9,640 square feet (0.221 acres), At
80 dwelling units per acre, this translates to a reduction in 18 dwelling units. The
plans would have to be revised to reduce the number of dwelling units from 378 to
360 units (see Exhibit "C" - Conditions of Approval).
Concurrency:
ANALYSIS
Traffic: Generally, a project's anticipated traffic is generated by two factors, namely the
proposed use and its intensity. Intensity is typically measured by the proposed
building area (in square feet). This project's traffic study was sent to Palm Beach
County Traffic Division for their review and approval. The Traffic Division
determined that the proposed mixed-use project is located within the designated
Boynton Beach Traffic Concurrency Exception Area (TCEA), and therefore meets
the Traffic Performance Standards (TPS) of Palm Beach County. However, no
building permits are to be issued by the city after the build-out date (2010). The
County traffic concurrency approval is subject to the Project Aggregation Rules set
forth in the TPS Ordinance (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
125,000 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 125,000 gallons per day, subject to the applicant making a firm reservation
of capacity, following approval of the site plan (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. All South Florida Water Management
District permits and other drainage related permits must be submitted at time of
building permit (see Exhibit "C" - Conditions of Approval).
8744 B
Staff Report - The Arches (MSPM 05-008)
Memorandum No PZ 05-142
Page 4
Police/ Fire: Police and Fire review is pending and will be presented by staff if available at the
time of the City Commission hearing.
School:
Driveways:
The proposed project is located within the School District of Palm Beach County
Concurrency Service Area (CSA) #19. The District determined that adequate
capacity exists to accommodate the projected resident children,
The proposed development is considered a large-scale mixed-use project that
would encompass two (2) full city blocks. The project can be characterized by
"urban / infill" development whereby front building setbacks are minimal and off-
street parking is relegated to a subordinate role, The plans show that an interior
parking garage would provide for the majority of off-street parking spaces, which is
intentionally proposed to be located to the "rear" of the project (along Southeast
4th Street). Also, the project is not proposing traditional driveways and surface
parking lots like "suburban"-type of projects (where driveways connect to off-street
parking located in front of the buildings). Conversely, this project proposes only
one surface parking lot. This lot would be cradled between the buildings and
virtually unseen from the adjacent rights-of-way. This at-grade parking lot would
have two (2) points of ingress / egress and contain only eight (8) parking spaces.
The project proposes three (3) driveway openings. The main point of ingress /
egress is proposed along Federal Highway. Both the ingress and egress lanes
would be 14 feet in width, separated by a seven (7)-foot wide landscaped median.
The egress lane would allow for right-turn only traffic movements onto Federal
Highway. An alternate point of ingress / egress is proposed along Southeast 4th
Street. This opening would be 24 feet in width and would allow for left and right
turn (south and north) traffic movements onto Southeast 4th Street. It would
connect to the interior parking garage. The third driveway opening would occur
along Southeast 2nd Avenue. The egress lane would allow for right (west) and left
(east) turn traffic movements onto Southeast 2nd Avenue. Likewise, this opening
would directly connect to the interior parking garage as well. The ground floor plan
(sheet A-01) indicates that it too, would be 24 feet in width.
Parking Facility: Off-street parking for the proposed MU-H zoning district must meet the
requirements in Chapter 2, Section l1.H., of the Boynton Beach Land Development
Regulations. The project proposes a mix of residential and retail uses, Normally,
one-bedroom apartment units require one and one-half (1112) parking spaces and
two and three bedroom apartment units require two (2) parking spaces each.
However, the MU-H zoning district has a different parking methodology for
residential units, According to the code, one-bedroom units require 1.33 parking
spaces and two (2) bedroom units require 1.66 parking spaces. The project
proposes 378 units (a mixture of one, two, and three bedrooms), which would
require 512 parking spaces. The commercial use (which would allow a mix of retail
and restaurant uses) requires one (1) parking space per 200 square feet of gross
(net) leasable floor area, The site plan proposes 40,596 square feet of retail
thereby requiring 203 parking spaces. Under this standard methodology for
calculating required off-street parking spaces, a grand total of 753 parking spaces
would be required. The site plan proposes 777 parking spaces, or an excess of 24
spaces, Regular parking space dimensions would conform to code requirements of
8744 C
Staff Report - The Arches (MSPM 05-008)
Memorandum No PZ 05-142
Page 5
Landscaping:
nine feet by eighteen feet for 90 degree parking. Handicap spaces would be
dimensioned 12 feet by 18 feet.
As previously mentioned, the applicant is proposing a five (5)-story parking garage
that would accommodate up to 769 vehicles, including 16 handicap spaces. The
accessible (handicap) spaces would occur on levels One through Three. According
to the Ground Floor Plan, a total of 127 parking spaces are proposed on the bottom
floor, These spaces would be used for the retail users. Likewise, the Second Floor
Plan would provide 162 spaces, of which, 78 spaces are earmarked for retail uses.
The remaining 84 spaces proposed on Level Two would be used for residential
uses. All subsequent floors are earmarked for apartment parking - the Third Floor
Plan would provide 168 spaces, the Fourth Floor Plan would provide 171 spaces,
and the Fifth Floor Plan would provide 141 spaces.
A surface parking lot located east of the interior parking garage and cradled in
between the buildings would provide for up to eight (8) parking spaces. Although
the intent is unclear as to the typical user of these spaces, in all likelihood, they
would be set aside as convenience parking for the commercial uses.
It should be noted that according to the applicant, six (6) parallel parking spaces
would remain intact along East Ocean Avenue. In addition, three (3) parallel
spaces are proposed on Southeast 2nd Avenue. These spaces would be utilized by
the general public and would not count toward provided parking.
The MU-H zoning district requires that at least 15% of the property is pervious
area. The site plan tabular data indicates that the total pervious area would equal
48,505 square feet (1.11 acres) or 23.44% of the site. This is accomplished, in
part, with the use of 51,590 square feet of pervious paving material called "Eco-
stone" pavers. Essentially, the typically impervious surface of the at-grade parking
lot would be replaced with Eco-stone. According to the applicant, Eco-stone is a
hard, pervious surface that allows water to permeate through. These "Eco-stone"
pavers would also be used on pedestrian walkways and plazas proposed
throughout the project. The pavers would be utilized in conjunction with the
traditional pervious / landscaped areas. The pavers are purposely used to meet the
15% pervious requirement of the MU-H zoning district. Staff fully endorses this
concept (within the Mixed Use zoning districts), However, the sixth floor recreation
deck contains plant material. The pervious surface of the sixth floor deck cannot
be used to count towards meeting the site plan's minimum pervious area,
Therefore, at the time of permitting, the landscape plan's tabular data shall indicate
the exact locations from where pervious surfaces statistics / data were derived (see
Exhibit "c" - Conditions of Approval).
The traditional landscaped areas would total 22,710 square feet or 0.52 acres.
According to the Tree Disposition Plan, the subject site currently contains 111
existing trees. The species consist of the following trees: Foxtail, Coconut,
Christmas, Cabbage, Royal, Queen, and Solitaire palm trees and Oak, Ficus, Pink
Tabebuia, and Mahogany shade trees. At the time of permitting, the developer
shall provide a list of on-site trees (earmarked for removal/relocation) to the Parks
and Recreation Division. The Division will use this list to identify those trees
8744 D
Staff Report - The Arches (MSPM 05-008)
Memorandum No PZ 05-142
Page 6
eligible for relocation to a city property. However, it must be noted that not all the
trees and palms can be used by the city. In any case, the developer must root
prune the trees according to industry standards in advance of transplanting. In
addition, the developer must be responsible for relocating the trees and palms to
the locations determined by the Division. The developer must irrigate the trees
and palms for a period of 90 days or until irrigation can be installed, Many of these
trees would be relocated to the Woolbright / Leisureville park site (see Exhibit "C"-
Conditions of Approval).
The regulations for the MU-H district provide specific landscape requirements that
are addressed in the proposed landscape plan. The landscape plan plant list
indicates that 300 shade / palm trees are proposed, of which, 33% would be native
species. The landscape plan also proposes 4,803 shrubs / hedges / accents, of
which, 22.3% would be native species. Therefore, at the time of permitting, the
plans must provide 50% native plant material (see Exhibit "C" - Conditions of
Approval).
The plant material proposed along the rights-of-way (within the north, south, east,
and west landscape buffers) would consist of the following species: Helen Johnson
Bougainvillea, Shining jasmine, Green Buttonwood hedge, Florida Royal palm, and
Glaucous cassia. Generally, the trees proposed within the streetscape include
Royal Palm, Live Oak, and Glaucous Cassia trees. The Florida Royal palm trees,
proposed along Federal Highway, would be installed at 12 feet of gray wood at the
time of installation. The Live Oak trees proposed along Southeast 4th Street would
be installed at 18 feet to 22 feet in height.
Palm trees would be used in the streetscape in areas of conflict with utility
easements. A note on the landscape plan indicates that "Bio-barriers" or root
barriers would be provided for all streetscape canopy trees. To protect the trees,
tree guards will be provided for all streetscape trees located along the rights-of-
way, The landscape plans show that these streetscape trees would be placed 20
feet apart. Also, a row of planters or flower containers filled with blooming annuals
or perennials shall be placed along the sidewalks along Federal Highway and Ocean
Avenue. These pots would be irrigated and drained. It should be noted that any
plant material proposed outside the property lines cannot be counted towards
meeting the minimum required landscaping. Furthermore, any landscape material
proposed within the right-of-way must obtain the Engineering Division (and Florida
Department of Transportation FDOT) review and approval.
The site's interior courtyard would contain a substantial amount of plant material.
According to the applicant, the courtyard area is approximately 35,600 square feet
in area. The landscape plan shows that a planting strip along the east fa<;ade of
the interior parking garage and along the west fa<;ade of the retail (within the
courtyard) would be lined with Alexander palm trees and Redtip Cocoplum hedges.
The interior courtyard would also contain Dwarf Philodendron, Royal palm, Giant
Swardfern, and Sweet Vibernum.
Building and Site: Building and site design as proposed would generally meet code requirements
when staff comments are incorporated into the permit drawings. Basically, the
8744 E
Staff Report - The Arches (MSPM 05-008)
Memorandum No PZ 05-142
Page 7
project can be summarized as containing three (3) main buildings, which are, two
(2) mixed-use towers and a three (3)-story retail building centered upon an interior
court yard. The plans give the appearance that the project is made up of one (1)
giant building.
The maximum height allowed by the MU-H zoning district is 150 feet. All proposed
buildings would comply with this maximum height requirement. The number of
stories for the project ranges between four (4) stories to 15 stories. Generally, the
mixed-use portion proposed along Federal Highway would be four (4)-stories tall.
The elevations indicate that the top of the roof along Federal Highway would
generally be 43 feet - eight (8) inches in height. The top level of the parking
garage would be the fifth floor. The elevations of Southeast 4th Street (sheet A-
D) show that the top of the garage would be 53 feet - four (4) inches tall. It
should be noted that the project's recreation deck is proposed on the roof of the
parking garage (see floor plan of 6th floor), The residential towers, proposed at
each end of the project would be 15-stories tall, The elevations shows the roof line
of the towers would be 150 feet in height and the top of the parapet wall would be
154 feet - eight (8) inches in height. However, there are certain elements of the
building that would exceed 150 feet. The roof plan (sheet A-09) shows that these
elements, namely the top of the stairwells and elevator shafts, would reach as high
as 167 feet. Therefore, approval of the site plan (as proposed) is contingent upon
the approval of the accompanying request for height exception (HTEX 05-006).
The MU-H zoning district requires no building setback but rather a zero (0) build-to
line. However, the building setbacks may be increased in areas where the intent is
to widen the pedestrian sidewalk and public gathering areas. This requirement
would apply to all building facades because the buildings front on four (4) streets,
The site plan shows the configuration of the lot lines after a successful
abandonment of the sidewalks. However, staff is not supporting the request for
sidewalk abandonment. The building setback is measured from the property line to
the exterior surface of the supporting columns. Along Federal Highway, the
proposed building setback would be approximately 15 feet from the east property
line to the columns of the four (4)-story building, Along East Ocean Avenue, the
proposed setback would be 11 feet - nine (9) inches from the existing north
property line,
However, the proposed building setback would be over 20 feet away from the north
property line if the sidewalk along East Ocean Avenue were abandoned. This
would not meet the intent of the code, It should be noted that the proposed
building is over 84 feet at the northeast corner of the property (at the intersection
of Federal Highway and East Ocean Avenue). This would meet the intent of the
code because it would provide for a public gathering area / fountain amenity that
all could enjoy. However, staff at the Community Redevelopment Agency is
recommending reducing the size of the public gathering area. According to the
applicant, this public plaza area would be approximately 21,500 square feet in area
(see Exhibit "C" - Conditions of Approval). The proposed building setback along
Southeast 4th Street would be nearly 16 feet. Again, the maximum allowable
setback along the west property line can be no more than 15 feet. The plans
would have to be revised to comp-Iy with code. The site plan shows that the
8744 F
Staff Report - The Arches (MSPM 05-008)
Memorandum No PZ 05-142
Page 8
building would be setback over 20 feet from the south property line (along
Southeast 2nd Avenue) if the sidewalk along this street were abandoned. Again,
the building may be setback no further than 15 feet from this property line. It
appears as though it would comply if the sidewalk were not abandoned.
As previously mentioned, the plans propose a mix of one (1) and two (2) bedroom
apartment units. The site plan tabular data indicates that the smallest one (1)
bedroom unit would be 778 square feet (under A/C). The average size of all units
would be 1,100 square feet (under A/C). This would comply with the MU-H zoning
district.
Design:
In contrast to the prevailing "Old Florida" or "Mediterranean" vernacular, the
proposed architectural style could be described as "modernist" with the use of
Solarscreen glass, horizontal accent bands, and metallic linear features.
Improvements have been made to both the project and plan graphics to show
compliance with the CRA's design guidelines; however, staff observes room for
continued improvement in the street-level portion of the project. Staff continues to
provide the applicant with the option of providing more architectural elements to
articulate the street level facade, or additional graphics or plan details to show
compliance with the design guidelines. Additional elements would involve
accentuation of the walkway covering, presence of arcades or similar features, and
plinth, tiles or equivalent details (see Exhibit "C" - Conditions of Approval). The
elevations show that red (JOCkey Red #6003) canvas awnings are proposed along
the base of each fa<;ade.
As previously mentioned, a noteworthy characteristic of the project is that the
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 public space would be easily
accessible and open year round. External public space in the form of a spacious
plaza organizes and unifies the northern block and provides the essential public
connection to East Ocean Avenue. In fact, the public plaza is proposed at 21,500
square feet in area, or approximately 9,000 square feet more than the original site
plan. A central feature of the public plaza is a water fountain, Its placement would
be used as a focal point, although subtly, it provides relief and balance to the
hardscape and landscape elements of the plaza.
The proposed building material would be a combination of glass, metal, and brick,
The elevations do not indicate the paint manufacturer's name or color code. This
information must be included on the elevations prior to the issuance of a building
permit (see Exhibit "c" - Conditions of Approval). The proposed building colors are
the following Benjamin Moore paints:
Off-white
Tan
Light Yellow
Peach
Lancaster white
Desert Tan
Roasted Sesame Seed
Apj)le Crisp
8744 G
2153-50
2160-40
2159-3
Staff Report - The Arches (MSPM 05-008)
Memorandum No PZ 05-142
Page 9
The applicant intends to use the same freestanding outdoor lighting fixtures that
the City installed along the sidewalk on Ocean Avenue, The project would contain
a combination of black poles / lamps within the project interior and teal poles /
lamps along the exterior - Federal Highway and Ocean Avenue. The details of the
pole show that pole heights could range from 12 feet tall (Courtyard Lights) to 18
feet tall (Exterior Street Light).
Signage:
No project signage is proposed with this submittal. At the time of permitting, the
applicant would be required to submit a master sign program 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 21 of the Land Development
Regulations (see Exhibit "C" - Conditions of Approval),
RECOMMENDATION:
Staff has reviewed this request for major site plan modification, Staff recommends approval, contingent
upon the approval of the concurrent land use amendment/ rezoning application, height exception,
successful abandonment of Southeast 1 st Avenue, and all comments indicated in Exhibit "C" - Conditions
of Approval. Any additional conditions recommended by the Board or City Commission shall be
documented accordingly in the Conditions of Approval.
S:\Planning\SHARED\WP\PROJECTS\ARCHES @ BB\MSPM OS-008\Staff Report.doc
8744 H
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THE ARCHES AT BOYNTON BEACH
BOUNDARY AND TOPOGRAPHIC SURVEY
ORIGINAL TOWN OF BOYNTON
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8744 N 1 L U-,
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EXHIBIT "C"
Conditions of Approval
Project name: Arches
File number: MSPM 05-008
Reference: 2nd review plans identified as a Maior Site Plan Modification with a August 2, 2005 Planning and
Zoning Department date stamp marking.
I
DEP ARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments: None
PUBLIC WORKS - Traffic
Comments: None
ENGINEERING DIVISION
Comments:
1. At the time of permitting, show sight triangles on the Landscape Plans (LDR,
Chapter 7.5, Article II, Section 5.H.) Reference FDOT Standard Index 546
for the sight triangles along Federal Highway. Use 25 foot sight triangles for
all other driveways and intersections.
2. Please provide information on the proposed abandonment of SE 151 A venue (a
40-foot R/W) and/or SE I sl Place (a 20-foot alley). Existing utilities servicing
this quadrant are located in both of these roadways; any proposed re-route
must be adequate and hydraulically workable. Please demonstrate this for all
support utilities including gas main re-route, electric and telephone.
3. Full drainage plans, including drainage calculations, in accordance with the
LDR, Chapter 6, Article IV, Section 5 will be required at the time of
permitting.
4. Remove Yard Drain (YD) 23 and 24 and relocate YD manhole to be
perpendicular to the east-west I8-inch Reinforced Concrete Pipe (RCP) at the
main entrance off Federal Highway.
5. Provide drainage calculations showing that the first Yz inch is being "pre-
treated" on site and showing how the hydraulic load complies with the
Downtown Master Stormwater Plan.
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 8744 P
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8744 0
COA.doc
08/04/05
2
I
DEP ARTMENTS INCLUDE REJECT
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 3,000 g.p.m. 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. Please note the reservation fee for the
prior extension is past due and must still be paid in arrears back to January
2005.
10. 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
engineering drawings, using a minimum width of 12 feet. These include
those utility lines shown between building structures offset and parallel to old
SE 15t A venue. The easements shall be dedicated via separate instrument to
the City as stated in CODE Sec. 26-33(a).
11. This office will not require surety for installation of the water and sewer
utilities, on condition that the systems be fully completed, and given to the
City Utilities Department before the first permanent meter is set. Note that
setting of a permanent water meter is a prerequisite to obtaining the
Certificate of Occupancy.
12, 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.
13. Water meter and SIzes are not shmvn. Please provide engmeenng
calculations, or any explanation of the service lines and tentative meter sizes
required for this project.
14. Appropriate backflow preventer(s) will be required on the domestic water
service to the building, and the fire sprinkler line if there is one, in accordance
with the CODE, Section 26-207.
15. 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.
8744 Q
COA.doc
08/04/05
3
DEP ARTMENTS INCLUDE REJECT
FIRE
Comments:
POLICE i
Comments: None
BUILDING DIVISION
Comments:
16. At the time of permitting, indicate within the site data the occupancy type of
each building as defined in 2001 FBC, Chapter 3.
17. 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.
18. Buildings, structures and parts thereof shall be designed to withstand the
minimum wind loads of 140 mph. Wind forces on every building or structure I
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.
19. Every building and structure shall be of sufficient strength to support the
loads and forces encountered per the 200 I FBC, Section 1601.2.1 and Table
1604.1. Indicate the live load (pst) on the plans for the building design.
20. 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.
21. At time of permit review, submit signed and sealed working drawings of the
proposed construction.
22. Add to each building and tenant space that is depicted on the drawing titled
site plan and floor plan a labeled symbol that identifies the location of the
handicap accessible entrance doors to each building and tenant space. 2001
FBC, Sections 11-4.1.2, 11-4.1.3, and 11-4.3.
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.
8744 R
COA.doc
08/04/05
4
~
DEP ARTMENTS INCLUDE REJECT
24. Bathrooms and kitchens in the covered dwelling units shall comply with the
Federal Fair Housing Act 24 CFR 100.205. Indicate on the plans which
design specification ("A" or "B") of the Fair Housing Act is being used. The
clear floor space at fixtures and appliances and turning diameters shall be
clearly shown on the plans.
25. If an accessible route has less than 60 inches clear width, then passing spaces
at least 60 inches by 60 inches shall be located at reasonable intervals not to
exceed 200 feet. A "T" -intersection of two conidors or walks is an acceptable
passing place. 200 I FBC, Section 11-4.3.4.
26. Identify within the site data the finish floor elevation (lowest floor elevation)
that is proposed for the building. Verify that the proposed elevation is in
compliance with regulations of the code by adding specifications to the site
data that address the following issues:
The design professional-of-record for the project shall add the following
text to the site data. "The proposed finish floor elevation _. _ NGVD
is above the highest 100-year base flood elevation applicable to the
building site, as detennined by the SFWMD's surface water management
construction development regulations."
27. To properly detennine the impact fees that will be assessed for the pool
building, provide the following:
. Will the pool building be restricted to the residents of the entire project only?
. Will the residents have to cross any major roads or thoroughfares to get to
the pool building?
. Will there be any additional deliveries to the site?
. 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 pool buildingllease office.
28. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may
not, therefore, be used for landscape inigation where other sources are readily
available.
29. A water-use permit from SFWMD is required for an inigation 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 ofpennit application, F.S. 373.216.
30. 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:
. The full name of the project as it appears on the Development Order and the
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Commission-approved site plan.
· 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.
· The number of dwelling units in each building.
· The number of bedrooms in each dwelling unit.
· The total amount paid and itemized into how much is for water and how
much is for sewer.
(CBBCO, Chapter 26, Article II, Sections 26-34)
31. At time of building permit application, submit verification that the City of
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 legal description of the land.
· The full name of the project as it appears on the Development Order and the
Commission-approved site plan.
· 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.
· The number of dwelling units in each building.
· The total amount being paid.
(CBBCO, Chapter 1, Article V, Section 3(f))
32. 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.
33. 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.
The name of the project as it appears on the Development Order must be
noted on the building permit application at the time of application submittal.
34. Add to the floor plan drawings of the individual units a breakdown of the area
within the unit. The area breakdO\VI1s for each unit shall specify the total area
of the unit, area of the balcony, total area that is air-conditioned and, where
applicable, total area of storage and garage space. If the garage and storage
areas are not part of a specific unit, the area shall be included and identified
within the area of the building. Indicate how many of each type of unit will be
on each floor and within the building.
35. This structure meets the definition of a threshold building per F.S. 553.71(7)
and shall comply with the requirements of F.S. 553.79 and the CBBA to the
2001 FBC, Sections 105.3.1 through 105.3.6. The following information
must be submitted at the time of permit application:
8744 T
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The structural inspection plan must be submitted to the enforcing
agency prior to the issuance of a building permit for the construction of
a threshold building.
All shoring and re-shoring procedures, plans and details shall be
submitted.
All plans for the building that are required to be signed and sealed by
the architect or engineers of record shall contain a statement that, to
the best of the architect's or engineer's knowledge, the plans and
specifications comply with the applicable fire safety standards as
determined by the local authority in accordance with this section
and F.S. Section 633.
36. This project is located within the Downtown Stormwater Improvement
Watershed. Therefore, appropriate fees must be paid to the City of Boynton
Beach Utilities Department prior to the issuance of a building permit per the
CBBCO, Chapter 26, Section 26-406. Proof of payment shall be submitted to
the Building Division at the time of permit application submittal.
37. At the time of permitting, an elevator shall be installed in the parking
structure as required by Florida Statute 399.035(2) and the Florida Building
Code sections 11-4.1.3(5) and 3003.4.1.
38. Van accessible parking spaces are required in the parking garages. One in
every eight accessible spaces in the garages shall be van-accessible and
comply with the 2001 FBC, Section 11-4.1.2(5)(b), 11-4.6.3 and 11-4.6.5.
PARKS AND RECREATION
Comments:
39. At the time of permitting, the developer shall provide a list of on-site trees
(earmarked for removal/relocation) to the Parks and Recreation Division.
The Division will use this list to identify those trees eligible for relocation to a
city park. However, it must be noted that not all the trees and palms can be
used by Recreation and Parks. In any case, the developer must root prune the
trees according to industry standards in advance of transplanting. In addition,
the developer must be responsible for relocating the trees and palms to the
locations determined by Recreation and Parks. The developer must water the
trees and palms for a period of 90 days or until irrigation can be installed.
40. Recreation Impact Fee as follows:
378 multi-family units @ $656.00 each = 247,968.00
Impact Fee due prior to issuance of first permit.
8744 U
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FORESTER/ENVIRONMENT ALIST ,
Comments: None
PLANNING AND ZONING
Comments:
41. Approval of this project is contingent upon the approval of the corresponding
request to rezone from CBD to MU-H (LUAR 05-008). Indicate as such on
the site plan tabular data at the time of permitting. The MU-H zoning district
allows for up to 80 dwelling units per acre and the total number of allowable
units directly corresponds to the project acreage. Therefore, at the time of
permitting, revise the plans so that the number of units does not exceed the
maximum allowable density. I
42. Approval of this project is contingent upon the approval of the corresponding
request for a height exception (HTEX 05-006). Indicate as such on the site
plan tabular data at the time of permitting.
i
43. Approval of the site plan (as proposed) is contingent upon the successful
abandonment (ABAN 05-004) of Southeast 15( Avenue, and (ABAN 05-005) I I
Southeast 15t Place. Staff does not support the sidewalk abandonment
(ABAN 05-006) which would reduce the project area by 0.221 acres, thereby
reducing the density by 18 dwelling units.
44. In addition to the current survey, submit an updated boundary survey showing
the inclusion of Southeast 15t A venue into the boundaries of the subject
property. Staff will use this area in conjunction with the private lands to I
confirm total project acreage, proposed density, and building setbacks. The I
total project acreage should match the site plan tabular data. Provide the
break-down of project acreage for each area surveyed to confirm the total land
area as indicated in the site plan tabular data. The buildings can be setback
no further than 15 feet, unless a public gathering space (such as the one
proposed at northeast comer of the property) is provided.
45. The Palm Beach County Traffic Division determined that the proposed mixed-use I
project IS located within the designated Boynton Beach Traffic Concurrency
Exception Area (TCEA), and therefore meets the Traffic Performance Standards
(TPS) of Palm Beach County. However, no building permits are to be issued by the
city after the build-out date (20 I 0). The County traffic concurrency approval is
subiect to the Proiect Aggregation Rules set forth in the TPS Ordinance.
46. Because there are multiple lots, a unity of title will be required to join the lots
together. A unit of title shall be executed prior to the issuance of a building
permit.
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47. The meeting rooms proposed on the ground floor is an accessory use to the
residential portion of the project and shall not be utilized for commercial
purposes unless accounted as such in the project's required parking
methodolo .
INCLUDE
REJECT
48. The project's proposed uses and their required parking is inconsistent between the plans. Therefore, at
the time of permitting, the site plan tabular data should accurately indicate the number of required parking
spaces in the format shows below. Staff understands the required parking would be as follows:
Proposed Use
Required
Parkin
320
230
203
753
Net Difference
aces
49. 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.). This would
include the 001 avilion as well.
50. At the time of permitting, indicate the height dimension of the tunnel opening
as shown on the Federal Hi hwa elevations and the SE 4th Street elevations.
5 1. At the time of permitting, obtain consent from the Engineering Division of
Public Works and / or Florida Department of Transportation (FDOT) for all
plant material proposed outside the property line and within the public right-
of-way. These trees / plants cannot be included within the plant list. Provide
a separate plant list that indicates quantity and species of plant material
ro osed within the ri hts-of-wa .
52. At the time of permitting, the landscaping proposed at main project entrances
shall contain a signature tree at both sides of the entrance (Chapter 7.5,
Article II, Section 5.N.). A signature tree is a tree with blossoms or natural
color other than green intended to beautify project entrances and contribute to
the city's image with this element of aesthetic conformity, Signatures trees
include Yellow Elder, Tibouchina Granulosa, and Bougainvillea. Note that
signature trees do not contribute toward the total number of required
erimeter trees (Cha ter 7.5, Article 2, Section 5.N. .
8744 W
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Parkin
769
8
777
+24
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53. At the time of permitting, categorize the plant material into the following:
Canopy trees, palm trees, and shrubs / groundcover.
54. At the time of permitting, fifty percent (50%) of all site landscape materials I
I
must be native specIes (Chapter 7.5, Article II, Section 5.P). Please
categorize as follows: Canopy trees, Palm trees, Shrubs & Groundcover.
55. The sixth floor recreation deck contains plant material. The pervious surface
of the sixth floor deck cannot count towards the site plan's minimum pervious
area. Therefore, at the time of permitting, the landscape plan's tabular data
shall indicate the exact locations from where the pervious surface statistics
were derived. The MU-H zoning districts requires that a minimum of 15% of
the site shall be of pervious surface (Chapter 2, Section 5.F .5).
56. At the time of permitting, place a note on the site plan (sheet 1 of 12) that
sidewalks shall be Hollandstone pavers, red / charcoal color mix by Paver
Systems Inc. or equal, laid in a 45 herringbone pattern to continue the design
elements in place along Federal Highway (Chapter 2, Section 5.F.8.d.(2).
57. The typical drawing of proposed freestanding outdoor lighting poles shall
indicate that the interior poles will be painted black and the exterior (along I
I
the rights-of-way) shall be painted to match the existing poles along Ocean I
A venue.
58. At the time of permitting, submit a master sign program that shows the
number, location, dimensions, exterior finish, and color(s) of all SIgnS
(Chapter 2, Section 5.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 21 of the
Land Development Regulations.
59. The subject site is located along Palm Tran Bus Route 1. Staff recommends
that the bus-stop be substantial and attractive, possibly constructed within the
build-to area of the subject property.
60. The landscape plan shows two (2) Royal Palm trees are proposed at the I !
southeast comer of the property. Staff recommends installing tall growing
trees into the design of the public plazas at each comer of the subject
property. The trees should be of substantial size, in order to immediately help
break up the building mass. The proposed Royal palm trees (12 feet of gray
wood) are small in comparison with a 1 50-foot tall building.
61. At the time of permitting, staff recommends incorporating benches into the
design of the public plaza proposed at the major comers of the subject
property.
8744 X I
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62. Regarding the tunnel opening proposed interior to the project but visible from I
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Federal Highway - staff recommends "rounding" the opening so that it looks
more like an archway rather than a square tunnel. Also, decorative molding
and cornice work would really enhance its appearance. These same treatments
should be provided for SE 4th and SE 2nd as well.
63. Staff applauds the developer for proposing a fountain at the northeast corner
of the property. However, the fountain on the landscape plan depicts it at the
very northeast corner of the parcel. It should be setback so as not to impact
the safe-sight triangle of Ocean A venue and Federal Highway as depicted on
the site plan. Provide detailed drawings of the fountain. Please correct all
plans accordingly.
64. Increase promInence of architectural banding components at vertical
transitions of the project, or improve plan details to show compliance with
draft CRA Urban Design Guidelines (see Section 5, page 73 of document).
65. Staff recommends elimination ofretaiVresidentialloading #5, reconfiguration
of back of house operations for "retail D", in order that retail loading #4 can
accommodate all of "retail D". Residential loading #6 can then handle
loading needs for building #2. This should enhance the SE 2nd Avenue
building elevations.
66. The site data provided on sheet AO 1 of 12 does not match that of the site plan
sheet CE-3. Please verify correct numbers and revise all sheets accordingly.
67. Please provide written permISSIOn from BellSouth for the proposed
construction around their existing in-ground facilities on the site and their
ability to maintain the facilities with your proposed design.
68. Improvements have been made to both the project and plan graphics to show
compliance with the CRA's design guidelines; however, staff observes room
for continued improvement in the street-level portion of the project. Staff
continues to provide the applicant with the option of providing more
architectural elements to articulate the street level facade, or additional
graphics or plan details to show compliance with the design guidelines.
Additional elements would involve accentuation of the walkway covering,
presence of arcades or similar features, and plinth, tiles or equivalent details.
Staff recommends utilizing awning colors that are more in keeping with the
shades of blue / teal that are characteristic throughout the city's public works
projects.
69. CRA staff recommends the reduction in the size of the public plaza at Ocean
A venue and Federal Highway for proper scale with proposed and
recommended additions and activity potential.
70. CRA staff recommends that an interactive fountain be used in the public
plaza at the corner of Ocean A venue and Federal Highway. The fountain
should be of significant size to anchor the corner at Ocean Avenue & Federal
Highway. 8744 Y
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,
71. CRA staff recommends that the public plaza contain a staging area in front of
the fountain that would accommodate live music and entertainment.
72. CRA staff recommends the addition of raised planters around each Royal
Palm within the public plaza that will serve as seating areas. Minimum size
should be 6' x 6' x 30" high x 12" deep made of material suitable for seating.
73. CRA staff recommends that the sidewalk at the Federal Highway entrance of
the project be continued around the motor court to permit safe pedestrian
access.
74. CRA staff recommends that the entrance to the motor court at Federal
Highway be enhanced with a fountain.
75. CRA staff strongly recommends that the 4th Street frontage have active uses
such as office or retail. If however, the project is approved without this
condition, the garage openings at all levels of the 4tl1 Street frontage shall have
metal trellis with bougainvillea or an equivalent species. , I
76. CRA staff recommends that water features be added at the following comers
to enhance the pedestrian environment:
Southeast 2nd A venue and Federal Highway
Southeast 2nd A venue and Southeast 4 th Street
Southeast 4th Street and East Ocean A venue
77. On the site plan, CRA staff notes the lack in clarity regarding patron access
between the parking garage and the commercial components, and therefore is
recommending that if necessary, modifications be made to optimize these I
routes.
COMMUNITY REDEVELOMENT AGENCY BOARD COMMENTS:
Comments:
78. To be determined.
I l
ADDITIONAL CITY COMMISSION COMMENTS: !
i
Comments:
79. To be determined. Ii
MWR/elj
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8744 Z
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Memorandum No. PZ 05-146
West:
Right-of-way for Southeast 4th Street and still farther west is developec
commercial properties zoned CBO.
BACKGROUND
Boynton Ventures I, LLC has assembled many lots within two city blocks in order to develop a large scale
mixed use project. The subject property is located within Study Area III of the Federal Highway Corridor
Community Redevelopment Plan and a portion was previously rezoned (LUAR 03-003) from Central
Business District (CBO) to Mixed-Use High (MU-H). In addition, the property was also approved for a site
plan (NWSP 03-002) consisting of three (3) buildings ranging from three (3) stories to 10 stories in height.
The previously approved site plan contained 276 dwelling units, 24,296 square feet of retail, 18,169
square feet of office, and 12,699 square feet of restaurant. It should be noted that a portion of an alley on
Block 7 (ABAN 03-002) was also approved to accommodate the aforementioned uses. The project
represented the second "mixed-use" type of development within the MU-H zoning district at the time of its
approval. Since then, Boynton Ventures I, LLC acquired additional property on Block 7 on the Original
Town of Boynton plat. As such, the applicant is now requesting a major site plan modification in order to
construct a total of 378 dwelling units and 40,596 square feet of retail space (combining retail, office, and
restaurant space). The total "commercial" area has been reduced by 14,568 square feet. Approval of the
site plan will be contingent upon the approval of the accompanying request for land use amendment /
rezoning (LUAR 05-008). The modifications now propose two (2) residential towers that are 15 stories tall.
Although the buildings comply with the maximum height as permitted under the MU-H zoning district,
there a certain elements of the building that exceed the 150-foot threshold. Those elements are the
subject of this request for height exception. The height exception would only be required for the two (2)
identical, 15-story buildings (see Exhibit "B'').
ANALYSIS
The objective of the CBO and mixed use zoning districts, in part, is to support and stimulate revitalization
efforts in the city's traditional downtown core area. Staff recognizes that a viable downtown will have a
mix of uses with higher residential densities and reasonable building heights. 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 applicant has responded affirmatively to all standards for evaluating
height exceptions (see Exhibit "0" - Applicant Letter). The premise for the height exception was
predicated on the fact that the maximum allowable height for all zoning districts in the City would be 45
feet, excluding the CBO and Mixed-Use zoning districts. The citywide maximum height of 45 feet would
generally limit a typical building to four (4) stories. Similarly, the CBO zoning district allows for a
maximum building height by right at 45 feet. However, building heights in the CBO may be increased to
100 feet, but only as a conditional use. As a conditional use, it would be evaluated against a different set
of standards and require public notice. The Mixed-Use Low (MU-L) zoning district allows for a maximum
building height of 75 feet by right. Only the MU-H zoning district allows for a maximum building height of
150 feet by right.
8745 A
In 2002, the Marina project (MSPM 02-005) was proposed with buildings that were nine (9) stories in
height. The City Commission approved a new method for measuring building height based on roof type.
Ordinance 02-010, adopted on March 19, 2002 defined the building height for mansard roofs as
measured (in feet) from the finished grade to the top of the deck line, The goal of the new definition was
to be consistent with current standards and to allow more flexibility in building design. Pursuant to
Ordinance 02-010, the nine (9)-story project complied with both the CBO and MU-H zoning district height
Page 3
Memorandum No. PZ 05-146
limitations. In 2003, the project known as "The Residences at Marina Village", the project's most recent
site plan modification (MSPM 03-001), proposed building elevations with the deck line dimensioned at 144
feet in height. In this particular project, the deck line was considered to be the top of the roof deck, or in
other words, the point of the building at which height was measured. The deck line was actually six (6)
feet below the maximum allowable height of 150 feet and therefore, the building met the height
restriction of the MU-H zoning district. However, portions of the mansard roof exceeded 150 feet. Many
portions of the Boynton Beach Marina's roofline reached as high as 168 feet in height, which in turn,
necessitated the need for a height exception.
Staff reviewed the Boynton Beach Marina request in accordance with standards prescribed by Chapter 2,
Zoning, Section 4.F.3, Height Limitations, and Exceptions, Staff argued that the origin of the height
exception was predicated on the fact that 45 feet was the maximum allowable height for all zoning
districts, excluding the CBD and Mixed-Use zoning districts, and that the intent of the height exception
process was to allow for mechanical equipment, elevator towers, and other minor rooftop appurtenances
that would incidentally (due to Building Code related issues) exceed the 45-foot maximum height
limitation, Staff felt that the Boynton Beach Marina project's request for an 18-foot height exception did
not meet the intent of the height exception standards. Staff recommended denial of their request. The
eRA Board reviewed the request but failed to reach consensus on a motion to deny (with a 3 to 3 vote),
resulting in a non-recommendation to the City Commission. The City Commission, however, approved
the applicant's 18-foot height exception request on April 15, 2003.
In June of 2004, a similar mixed-use project known as The Promenade (NWSP 04-009) was proposed in
another area of the MU-H zoning district. The site plan for The Promenade proposed 318 dwelling units,
68 hotel units, 19,200 square feet of retail, and 3,000 square feet of restaurant. All were proposed
within three (3) separate buildings ranging from two (2) stories to 14 stories tall. The Promenade project
requested a 17-foot height exception. Staff reviewed The Promenade height exception request the
Boynton Beach Marina project (HTEX 03-002). Both projects represented similar mixed-use
developments that were recently approved by the City Commission for height exceptions.
The Promenade's request for height exception was similar in many respects to the Boynton Beach Marina.
The elevations showed that the deck line of the Promenade project was 142 feet in height, placing it
eight (8) feet below the maximum allowed by the MU-H zoning district. The applicant affirmatively
addressed all standards for evaluating height exceptions. In the letter, the applicant indicated that the
portions of the buildings (that exceeded the 142 foot roofline) were necessary to hide mechanical
equipment, elevator shafts, and stair shafts. In addition, the roof treatment was necessary to provide
articulation to give the buildings a more desirable aesthetic appearance. Staff concurred that those
building elements were eligible to be considered for height exceptions. The peak of the tallest portion of
the roof was 167 feet in height. This was 17 feet over the maximum allowed by the MU-H zoning district.
No existing buildings in the CBD or citywide were 100 feet tall. The Promenade's request for height
exception was one (1) foot less than what was already approved for the Boynton Beach Marina. Staff
reviewed the Promenade request against the criteria listed in the Land Development Regulations and
determined that it would not have had an adverse effect on existing and proposed land uses and that it
would not have reduced light and air in adjacent areas, Staff recommended approval of the Promenade's
request for height exception, The height exception was subsequently approved by the City Commission
on July 20, 2004, The approval of the Boynton Beach Marina height exception request (HTEX 03-002) set
the precedence upon which subsequent height exception requests have been reviewed.
8745 B
Prior to 2003, the subject property was zoned Central Business District (CBD). The CBD zoning district
allows for a maximum building height of 45 feet, except for mixed-use type of developments (buildings),
which as a conditional use, may not exceed 100 feet. In June of 2003, the subject property was
Page 4
Memorandum No. PZ 05-146
successfully rezoned from CSD to Mixed Use High (MU-H) pursuant to Ordinance 03-020. The MU-H
zoning district allows for a maximum building height of 150 feet. Part of the justification to rezone to MU-
H was to provide developers with greater options for development and redevelopment projects in the
downtown area.
The elevations show the building would be 150 feet in height and that the top of the parapet wall would
be 154 feet - eight (8) inches in height. This complies with the maximum allowable building height of
the MU-H zoning district. However, certain rooftop elements reach as high as 167 feet, or 17 feet above
the maximum height threshold. According to the applicant, the portion of the roof that would require the
height exception consists of rooftop mechanical equipment, elevator shafts, stairwells, and roof profiles,
all of which are uninhabitable space.
The elevations show the top of the roof profiles are proposed at 161 feet - eight (8) inches in height.
According to the applicant, these architectural enhancements proposed above the main roof area are
decorative in nature and are considered non-habitable space. Roof profiles are eligible for height
exceptions and would provide for better roof articulation that is encouraged by the Urban Design
Guidelines. The applicant also states that roof-mounted equipment would be located within the central
portions of the tower elements (at 167 feet in height). The centralized location of the equipment, as well
as the shielding that would be provided by the roof profiles would prevent them from being obvious from
adjacent properties. The top of elevator shafts and stairwells are the types of roof appurtenances that
should be hidden from public view. Furthermore, the applicant states that the height exception is
necessary to accommodate the units to allow an economically feasible and well-balance redevelopment
project. According to the applicant, the elements that require the height exception would comprise 2,600
square feet in area and would account for approximately one percent (1%) of the total site. The
equipment would be setback 40 feet from East Ocean Avenue and Southeast 2nd Avenue, and 31 feet _
six (6) inches from Federal Highway, and 44 feet from Southeast 4th Street. The proposed height would
be compatible with the building heights envisioned for the MU-H zoning district. As evidenced by
previous approvals, this request for height exception would not constitute a grant of special privilege.
RECOMMENDATION
As previously mentioned, staff generally supports the redevelopment efforts proposed in the accompanying
request for major site plan modification (MSPM 05-008). The applicant meets the criteria as set forth in
the Land Development Regulations. Therefore, staff recommends approval of the request for a 17-foot
height exception contingent upon satisfying all comments noted in Exhibit "C" - Conditions of Approval.
Should the Soard or City Commission have any additional comments, they will be placed accordingly within
Exhibit "C",
S:IPlanningISHARED\WPIPROJECTS\ARCHES @ BBIHTEX 05-0061S1aff Report doc
8745 C
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8745 D
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8745 H
EXHIBIT "C"
Conditions of Approval
Project name:
File number:
Reference:
The Arches
HTEX 05-006
Elevations dated August 2, 2005
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: None X
UTILITIES
Comments: None X
I Comments: None FIRE I I I
X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments:
1. At the time of permitting, the elevations shall be revised to indicate by note X
that the roof profiles (proposed at 161 feet - 8 inches in height) are non-
habitable spaces and are decorative elements.
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY
COMMENTS:
Comments:
2. None X
871~S
Page 2
The Arches
File No.: HTEX 05-006
DEPARTMENTS INCLUDE REJECT
ADDITIONAL CITY COMMISSION COMMENTS:
Comments:
3. To be determined.
SIPlanninglSHAREDlWPIPROJECTSIARCHES @ BBIHTEX OS-006ICOA.doc
EXHIBIT 0
~ Ruden
~'I McClosky
200 EAST BROWARD BOULEVARD
FORT LAUDERDALE, FLORIDA 33301
POST OFFICE BOX 1900
FORT LAUDERDALE, FLORIDA 33302
(954) 527-2476
FAX (954) 333-4076
BONNIE.MISKEL@RUDEN.COM
June 20,2005
The Arches at Boynton Beach
Height Exception
Boynton Ventures I, LLC (the "Petitioner"), in conjunction with a proposed mixed-use
(retail and condominiwn) project within the City of Boynton Beach downtown area is requesting
an exception from Chapter 2, Section 6,F.5 pertaining to building height.
The property is located at the northwest comer of Ocean Avenue and Federal Highway,
and comprises two city blocks (Block 7 and 12 of the original Town of Boynton Florida plat)
between Ocean Avenue and SE 2nd Avenue (the "Property"), within the Community
Redevelopment Area. The general use and zoning pattern in the area can be described as
follows:
The Arches at Boynton Beach
North:
East:
South:
West:
MU-H (proposed)
CBD
MU-H
CBD
CBD
CommerciallRetail
CommerciallRetail
Mixed Use
CommerciallRetail
City public parking lot
Section 4.F of the City's Zoning Code ("Code") provides for height limitations and
exceptions. Electrical and mechanical support systems, as well as parapets and similar structures
may be erected on top of a structure, above the district height limitations with City Commission
approval. The Mixed Use-High ("MU-H") zoning district limits heights along arterial roadways,
such as Federal Highway, to 150 feet.
The Petitioner is seeking a height exception that would allow a proposed mixed-use
project to exceed the aforementioned provisions. The Petitioner is proposing fourteen residential
floors, above a floor of ground level retaiVcommercial uses, for a total of fifteen (15) stories or
150' roofline. The proposed project is within the CRA. The City's Code provides for a height of
150' for mixed use projects zoned with the MU-H district to provide intensities within the
downtown area that will provide synergy between uses and enhance economic viability of
downtown businesses. Height exceptions for rooftop mechanical equipment, parapets and
similar structures are permissible, subject to City Commission approval. The Petitioner is
requesting an exception of (up to) 17' for a total of 167' maximum height to accommodate
WPB:206268:2
8745 K
CARACAS' FT. LAUDERDALE. MIAMI. NAPLES. ORLANDO. PORT Sf. LUCIE. SARASOTA. Sf. PETERSBURG. TALLAHASSEE. TAMPA. WEST PALM BEACH
RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A.
EXHIBIT 0
Page 2
rooftop mechanical equipment, elevator shafts, stairwells and roof profiles on the proposed tower
buildings.
As discussed below, approval of the height exception will adhere to the standards set
forth in Section 4.F of the Code. The Petitioner will demonstrate that the height exception:
.
Will not have adverse effect on surrounding land uses;
Is necessary;
Will not severely reduce light and air in adjacent areas;
Will not be a deterrent to the redevelopment of adjacent properties;
Will not adversely affect property values;
Will not adversely influence living conditions in the neighborhood;
Will not constitute a grant of special privilege; and
Is needed for the proposed redevelopment project.
.
.
.
.
.
.
.
(1)
land uses.
Whether the height exception will have an adverse effect on the existing and proposed
The proposed Arches at Boynton Beach project is located within the City's downtown
and CRA. A general objective of the CRA is to create a critical mass of upscale development that
establishes a pedestrian environment and promotes the local economy. The MU-H zoning
district is applicable only within the downtown area. This district provides for buildings to attain
150' in height. The requested exception is not applicable to the entire building. Roof-mounted
equipment located within the central portions of the tower elements extend approximately 17'
above the roofline. Roof profiles on the glass tower elements extend approximately 5 '8" above
the roofline. The centralized location of the equipment, as well as the shielding that will be
provided by the roof profiles, will prevent it from being obvious from adjacent properties, which
are lower in height than The Arches. The requested 17' exception will not have an adverse effect
on existing or proposed land uses.
(2) Whether the height exception is necessary. .
Conformance with the height provisions would limit the size of the mixed-use project,
require the ground floor of retail to be lowered from just under 15' to 9', and would require a
floor of condominium units to be eliminated from the redevelopment plans. The downtown area
allows high-rise structures in order allow densities and intensities designed to create synergy
between permitted uses. In order to promote quality redevelopment, The Arches at Boynton
Beach proposes a 15th floor, containing 26 condominiwn units. The requested height is
necessary to accommodate the units necessary to allow an economically feasible and well-
balanced redevelopment project, while providing pedestrian-oriented amenities (plaza) on the
ground level.
WPB:206268:2 8745 L
RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A.
CARACAS. FT. LAUDERDALE. MIAMI. NAPLES. ORLANDO. PORT ST. lUClE . SARASOTA. ST. PETERSBURG' TALLAHASSEE. TAMPA' WEST PALM BEACH
EXHIBIT 0
Page 3
(3) Whether the height exception will severely reduce light and air in adjacent areas.
The proposed exception of 17' will not affect adjacent properties, The mechanical
equipment, elevator shafts and stairwells ("equipment areas") are centralized on the rooftop, The
subject equipment areas comprise approximately 2,600 s.f. of the roof area, which is just over
1 % of the total site. The equipment areas are setback 40' from Ocean Avenue and SE 2nd
Avenue, 31 '6" from Federal Highway, and 44' from SE 4th Street. In addition to the location of
the equipment areas, the roof profiles on the glass tower elements (parapet), which extend 5 '8"
above the top of roof, will also shield the equipment areas from viewpoints.
The requested building height exception will not create shadows or affect air circulation
in a manner that negatively impacts adjacent properties.
(4) Whether the height exception will be a deterrent to the improvement or development
of adjacent property in accord with existing regulations.
The requested height exception does not affect or impact the redevelopment potential of
adjacent properties. The requested exception (up to 17') will not be injurious to the
surrounding properties or public welfare, The proposed height is compatible with the building
heights envisioned for the downtown redevelopment area.
(5) Whether the height exception will adversely affect property values in adjacent areas.
The requested height of the equipment areas and roof profiles will not adversely affect
property values. Rather, The Arches at Boynton Beach redevelopment project will have a
positive impact on property values in the area. This project along with other redevelopment
efforts in the immediate area may spur other property owners to redevelop their parcels with
structures and uses that are more consistent with the downtown vision the City has established
for this portion of the Federal Highway corridor.
(6) Whether the height exception will constitute a grant of a special privilege to an
individual owner as contrasted with the public welfare.
The requested building height is not applicable to lands outside the downtown
redevelopment area, and therefore is peculiar to the Property. The proposed I5-story structure is
consistent with another mixed-use project in the downtown area that is currently under
construction (which has been granted a similar exception greater than 17'in height). The
exception (up to 17') will not impact other properties and is consistent with the public welfare.
WPB:206268:2
8745 M
CARACAS. FT. LAUDERDALE . MIAMI. NAPLES. ORLANDO. PORT ST. LUCIE. SARASOTA. ST. PETERSBURG. TALLAHASSEE' TAMPA. WEST PALM BEACH
RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A.
EXHIBIT 0
Page 4
(7) T-Vhether sufficient evidence has been presented to justify the need for a height
exception.
The requested height exception is in keeping with the spirit of the height provisions for
mixed use, high density projects in the downtown area, and is permissible pursuant to Section
4,f,
The requested building height will accommodate 378 residential units, and
commerciaVretail uses, in the City's Downtown area. The Property is conveniently located in
proximity to Downtown businesses and employers; and the proposed project introduces new
residents into the City's Downtown to foster patronage of its businesses and additional economic
support for the redevelopment area.
Therefore, the requested Height Exception is consistent with the criteria contained
in Section 4.F.
8745 N
WPB:206268:2
RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P,A.
CARACAS. FT. LAUDERDALE . MIAMI. NAPLES. ORLANDO. PORT S1. LUCIE. SARASOTA. S1. PETERSBURG. TALLAHASSEE' TAMPA. WEST PALM BEACH
TO:
THRU:
FROM:
DATE:
PROJECT NAME/NO:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 05-141
STAFF REPORT
Chair and Members
Community Redevelopment Agency Board and City Commission
/
Michael Rump~rl& tJ
Planning and Zoning Director
Kathleen Zeitler
Planner
July 29, 2005
Chow Hut / MSPM 05-007
Major Site Plan Modification
Property Owner:
Applicant:
Agent:
Location:
Existing Land Use:
Existing Zoning:
Proposed Use:
Acreage:
Adjacent Uses:
North:
South:
East:
West:
PROJECT DESCRIPTION
558 Gateway Boulevard, LLC
Mr. Anthony], Mauro and Mr. Doug Peters
Mr. George Brewer
558 East Gateway Boulevard (see Location Map - Exhibit "A")
Local Retail Commercial (LRC)
Neighborhood Commercial (C-2)
Take Out Restaurant with Outdoor Seating
8,057 square feet (0,18 acre)
Right-Of-way for Gateway Boulevard, and further north The Crossings at
Boynton Beach zoned Planned Unit Development (PUD) with Single-family
attached residential units;
Northeast 21 st Avenue, and further (SE) Boynton-Hypoluxo Animal Clinic
zoned C-2, and (SW) VFW Post 5335 zoned R-3;
BMT Discount Beverage store zoned C-2; and
Coin Laundry self-serve laundromat zoned C-2.
8746
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
The Arches
AGENT:
Bonnie Miskel and Kim Glas-Castro with Ruden McClosky
AGENTS ADDRESS:
222 Lakeview Avenue, Suite 800 West Palm Beach, FL 33401
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
September 6, 2005
TYPE OF RELIEF SOUGHT: Request a 17-foot height exception for a mixed-use project on a 4.688-acre
parcel in the Mixed Use High Intensity (MU-H) zoning district.
LOCATION OF PROPERTY: Southwest corner of the intersection of Federal Highway and East Ocean
Avenue
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:\PlanninglSHARED\WPIPROJECTS\ARCHES @; BB'HTEX OS"006\DO_doc
8745 0
Staff Report - Chow Hut (MSPM 05-007)
Memorandum No PZ 05-141
Page 2
PROPERTY OWNER NOTIFICATION
All property owners within 400 feet of the subject property were mailed a notice of this request for a major
site plan modification and its respective hearing dates per the Applicant who has certified that the required
signage was posted and notices mailed in accordance with Ordinance No. 04-007.
Site Location:
The subject property is generally located two lots west of North Federal Highway
and the Florida East Coast Railroad right of way on the south side of Gateway
Boulevard within the Community Redevelopment Area. The lot is approximately
8,060 square feet (0.18 acres) and located within the C-2 zoning district.
According to the survey, the site consists of Lot 9 and the west 30 feet of Lot 10,
Block 13, of the amended plat of Boynton Ridge subdivision (Plat Book 24, Page
28). The subject site fronts Gateway Boulevard to the north, and Northeast 21st
Avenue to the south (rear), with vehicular access (ingress/egress) from both the
front and rear of the site. The site is currently developed with a small one (1)-
story commercial building in the center of the lot, with 8 parking spaces in front
and 6 parking spaces to the rear of the building. Previously The Village Salon of
Beauty occupied the site, however, the beauty salon is no longer active, and the
building has been unoccupied for some time.
Proposal:
BACKGROUND
According to public documents, the property was purchased by 558 Gateway LLC in
July of 2004. Mr. George Brewer, Agent and Architect for the owners, is requesting a
major site plan modification to convert the use of the building from personal services
to a take out restaurant with outdoor seating (no drive-through window or indoor
seating proposed). The project includes construction of an additional 295 square feet
of enclosed building area, and a new covered outdoor dining area of 1,422 square
feet, with a total building area under roof of 2,420 square feet (SP1, A2, A3). The
existing 703 square foot structure is to be enlarged with a freezer/cooler room (189
s.f.) and public handicap accessible restrooms (106 s.f.) with a total building size of
998 square feet. In addition, covered porch areas (1422 s.f.) are proposed for
outdoor dining on each side of the building, with a maximum of 35 seats (including
service bar area). The elevation plan (A4) indicates the outdoor dining under
thatched chickee huts as constructed by Miccosukee Indians. It should be noted that
both the Miccosukee and Seminole Indian tribes are exempt from building permit
requirements.
The Chow Hut, advertised as specializing in gourmet comfort food, is proposed to be
open for breakfast, lunch, dinner, and "late late" night meals. A service bar is
included within the outdoor dining area, however the Applicant has indicated that the
majority of sales (90%) will be from food, not alcoholic beverages. Any sale of
alcoholic beverages, which must be consumed on the premises, will require a license,
Should proceeds from the sale of alcoholic beverages exceed food sales, a conditional
use approval for a Bar will be required (see Exhibit "c" - Conditions of Approval).
The Applicant has indicated that there will not be any amplified music played indoors
or outdoors, which also differentiates between a restaurant and a bar / lounge.
8746 A
The site is considered nonconforming to landscaping and ADA requirements. The
proposed site improvements will bring the site up to Code as much as possible by
Staff Report - Chow Hut (MSPM 05-007)
Memorandum No PZ 05-141
Page 3
Concurrency:
Traffic:
Utilities:
Fire I Police:
Drainage:
Driveways:
Parking:
adding architectural interest to the building, parking designated for handicap use,
public restrooms which are handicap accessible, a screened dumpster, and
landscaping.
ANALYSIS
A traffic statement which indicates a net increase of 208 daily trips for the
proposed use was prepared by Gerald B. Church, P.E. and sent to the Palm Beach
County Traffic Division for concurrency review to ensure an adequate level of
service. Based on their review, the Traffic Division determined that the proposed
redevelopment project meets the Traffic Performance Standards (TPS) of Palm
Beach County, however, no building permits are to be issued by the City after the
build-out date of 2006. The County traffic concurrency approval is subject to the
Project Aggregation Rules as set forth in the TPS Ordinance.
Potable water and sanitary sewer / wastewater capacity is currently available to
serve this project, subject to the Applicant making a firm reservation of capacity,
following approval of the site plan (see Exhibit "C" - Conditions of Approval).
These departments have reviewed the site plan and determined that emergency
services are available to the proposed project with an appropriate response time.
Although this redevelopment project is in an area with existing traffic congestion
and population density, emergency service providers expect to be able to utilize
their current or anticipated resources to maintain an adequate level of service for
the proposed project. Infrastructure requirements such as hydrants and roadways
will be further addressed at the time of plan review and permitting,
Conceptual drainage information was provided for the City's review, The
Engineering Division has found the conceptual information to be adequate and is
recommending that the review of speCific drainage solutions be deferred until time
of permit review (see Exhibit "C" - Conditions of Approval),
The site to be redeveloped is accessible from both Gateway Boulevard (front) and
from Northeast 21 st Avenue (rear). There are no curbed driveway points of ingress
/ egress proposed due to existing parking locations and space restrictions on site.
The proposed takeout restaurant use requires the greater of one (1) space per 100
square feet or 1 (one) parking space per 2,5 seats. With a total of 13 parking
spaces provided, maximum seating capacity for the restaurant (including the bar)
will be 35 seats. The current survey indicates 14 parking spaces on site, but no
space designated for handicap use which is required per ADA standards, The
Applicant proposes to re-stripe the existing parking spaces to provide 8 spaces in
front with 1 of the spaces designated for handicap use (van accessible space with
loading/unloading area), and 5 parking spaces in the rear. The gO-degree parking
stalls, excluding the handicap space, would be dimensioned nine (g) feet in width
and 18 feet in length and include wheelstops. All proposed parking stalls, including
the size and location of the handicap space, were reviewed and approved by both
the Engineering Division and Building Division, In addition, all necessary traffic
8746 B
Staff Report - Chow Hut (MSPM 05-007)
Memorandum No PZ 05-141
Page 4
control signage and pavement markings will be provided on site to clearly delineate
areas on site and direction of circulation.
Landscaping:
The site plan tabular data indicates that the proposed open space or "pervious"
area would be 1,151 square feet or 14% of the total lot area. Proposed
landscaping exceeds the minimum requirements for a more tropical outdoor
setting. A total of 20 square feet of landscaping is required per parking space (260
square feet required, 1,151 square feet provided). In addition, one (1) tree is
required per ten (10) parking spaces (2 trees required, 10 trees provided). Fifty
percent (50%) of site landscape materials must be native species and must be
indicated on the landscape plan as such (see Exhibit"C"- Conditions of Approval).
The proposed landscaping is contained in flush planters along the east and west
sides of the building adjacent to the outdoor dining areas and to the southwest
corner of the lot to screen the dumpster. Redevelopment of this site has
constraints due to existing parking locations, therefore landscaping along the right
of way is not possible. Some existing asphalt will be removed along the east and
west property lines for planting. The east buffer is 39 feet in length and varies
from 4 to 9 feet in width. Within this buffer there is required one (1) tree every 30
linear feet, and a continuous hedge planted at a minimum of 24 inches in height
with tip-to-tip spacing. The east buffer will contain three (3) Malayan Coconut
Palms (18' to 20' overall), twelve (12) Red Fountain Grass, nine (9) Cocoplum, and
seven (7) Hedge Bamboo shrubs (5' by 3' overall). The west buffer, which extends
along the entire side property line and screens the dumpster, will contain seven (7)
Malayan Coconut Palms (18' to 20' overall), 25 Red Fountain Grass, and 33
Cocoplum shrubs, and four (4) Hedge Bamboo shrubs. All curved trunk palms will
be planted to curve away from parking area (see Exhibit "c" - Conditions of
Approval).
Building Design: Currently a vacant, nondescript building sits in the middle of the site. The floor
plan indicates a large kitchen area inside the building and no indoor seating.
Proposed is a take out restaurant with covered outdoor seating on each side which
resembles a chickee hut. The front of the existing building will have a new covered
gable facade, new impact sliding bi-pass windows at the front pick up counter, a
matching wooden guardrail in keeping with the chickee hut look, and steel bollards
between the building and front parking spaces. The chickee hut additions, with
pitched thatched roofs as constructed by Miccosukee Indians, are proposed on
each side of the building. The chickees will be supported with several wooden posts
and attach to the existing building with a matching parapet wall for required
screening of the existing rooftop mechanical equipment (see Exhibit "c" _
Conditions of Approval). Under the chickee huts, paver bricks set in sand will
provide flooring, and will extend beyond the chickees as walkways to the
landscaping along the sides of the building, and to the adjoining parking areas.
The building and site design as proposed would generally meet code requirements
when staff comments are incorporated into the permit drawings.
Height:
8746 C
The existing building will remain as a one (l)-story structure. The maximum height
Staff Report - Chow Hut (MSPM 05-007)
Memorandum No PZ 05-141
Page 5
allowed in the (-2 zoning district is 25 feet. The elevations indicate the proposed
building improvements are a total of 19 feet in height at the highest point.
Floor Plan:
The proposed floor plan indicates building additions in the rear for the following: a
walk-in cooler and freezer area, and public restrooms which are only accessible
from the outdoor dining area. A mop sink room with an 8 foot screen wall and
lockable metal gate is also proposed to the rear of the restaurant between the
freezer addition and the restrooms. A dumpster with enclosure is proposed at the
southwest corner of the lot to the rear of the building, The dumpster enclosure is
required to match the color, materials, and design of the principal building on site
(see Exhibit "(" - (onditions of Approval).
Lot Coverage:
The maximum allowable lot coverage in the (-2 zoning district is 40%. The total
lot coverage proposed is 31.6% which includes all areas covered by a building or
roofed area, inclusive of the covered patio area.
Colors:
The elevation plan indicates the proposed exterior color of the building to be Adobe
Orange (Benjamin Moore #2171-30) and doors to be Colorado Gray (Benjamin
Moore #2136-50) with all wood stained dark brown walnut. However, the
Applicant has not provided color samples of the proposed colors and has instead
submitted paint chips for Baja Orange (Ralph Lauren Island Brights). Per Chapter
9, Community Design Plan, of the Land Development Regulations, Section 9.A.,
buildings, structures and site elements shall be in visual harmony with surrounding
developments. The proposed orange building color is considered too pigmented or
dark and is not compatible with surrounding development.
Signage:
Staff recommends that the proposed Chow Hut be consistent with the colors used
at The Harbors 3 story townhouse development nearby at Gateway Boulevard on
the east side of Federal Highway. The Harbors colors are: First floor (Sherwin
Williams #1334- Cognac), Second floor (Sherwin Williams #2337-Beacon Ye//oW),
Third floor (Sherwin Williams # 1366-Harvest Moon). Staff recommends Sherwin
Williams #2337-Beacon Ye//owfor the exterior building color (for the lower 8 to 10
foot portion of the building) and Sherwin Williams # 1366 - Harvest Moon (for all
the upper portion of the building) which will blend with the thatched roof material,
Staff recommends Sherwin Williams #1334 - Cognacfor all exterior doors instead
of the gray proposed. A darker shade of brown was originally proposed for the first
floor of The Harbors: (Sherwin Williams #1335- Thai tan), which is a lighter brown
than dark walnut. Staff recommends that the wood posts supporting the chickees,
and all the proposed guardrails be painted Sherwin Williams #1335- Thai Tan
instead of being stained walnut brown, In addition, staff recommends that the
steel bollards in front be painted Sherwin Williams #1335- Thai Tanto blend in with
the guardrails. Staff recommends that the stucco wall to screen the dumpster be
painted to match the lower portion of the building (Sherwin Williams #2337 -
Beacon Ye//oW), and the paver bricks be a complimentary medium terra cotta clay
color (similar to S-tile roof at The Harbors) and laid in a herringbone pattern as
depicted on the elevation plan.
8746 0
The elevation page shows the general location of proposed wall signs (no
freestanding signage is proposed). The main project wall sign (Chow Hut) would
Staff Report - Chow Hut (MSPM 05-007)
Memorandum No PZ 05-141
Page 6
be placed over the front windows shown on the north elevation. A note on the
elevation drawing indicates that the sign would be made of "sandblasted wood
signage, white lettering on brown background". The sign itself would be 9 feet 8
inches in length and 2 feet 6 inches in height for a total of 25 square feet in area.
The second wall sign, located on the rear of the building is the same size and
would be made of the same material. All project signage is indicated on the
elevations and has been reviewed by staff for compliance with the sign square
footage allowed based on linear feet of building wall on the north facade which is
20 feet. The main wall signs on the north and south facades are 25 square feet
each. The restrooms sign is 4 square feet and the pick up window sign on the
west side is 3.5 feet. Collectively, these wall signs would comply with the area
limitations as set forth in Chapter 21, Article IV, Section 2.C of the Land
Development Regulations.
Signs, in general, shall be designed and treated as part of the architecture of the
building. They are formally evaluated during the site plan review process. The
proposed signs have very large white letters and much less of the background
color. The Applicant has not submitted a sample of the brown proposed for the
sign background color. Staff recommends the signage details as proposed, with
the exception that the background sign color be specified as Behr Premium Plus
Exterior #S-G-280 Mango Madness instead of the proposed brown. The mango
color will serve as a festive accent color to the recommended yellow, gold, and
browns, and is a much lighter shade of orange than the Applicant originally
proposed for the building. All new project signage is subject to review and
approval of the Planning and Development Board (see Exhibit "c" - Conditions of
Approval).
Lighting:
The elevation plans indicate light fixtures mounted on the wood chickee posts and
on the south side of the building. The Photometrics Plan indicates that light pole
fixtures (Type SA) in front of the building shall be equipped with shields to reduce
light spillage onto adjacent sites. However, the height and color/ material of the
freestanding outdoor pole lights and details of the wall mounted light fixtures have
not been provided by the Applicant. A note indicates that all equipment placed on
the walls of the building shall be painted to match the building color. The design,
style, and illumination level shall be compatible with the building design (height)
and shall consider safety, function, and aesthetic value per Chapter 9, Section
10.F.!. of the Land Development Regulations (see Exhibit "c" - Conditions of
Approval).
RECOMMENDATION:
Staff has reviewed this request for approval of a major site plan modification. Staff 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.
KZ
8746 E
S:\Planning\Shared\Wp\Projects\Chow Hut\MSPM OS-007\Staff Report.doc
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IADOmONSJRENOV ATIONS
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EXHIBIT "C"
Conditions of Approval
Project name: Chow Hut
File number: MSPM 05-007
Reference: 2nd review plans identified as a Maior Site Plan Modification with a July 26, 2005 Planning and
Zoning Department date stamp marking.
I
DEP ARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments:
All previous comments have been satisfied.
PUBLIC WORKS - Traffic
Comments:
All previous comments have been satisfied.
ENGINEERING DIVISION
Comments:
1. All comments requiring changes and/or corrections to the plans shall be
reflected on all appropriate sheets.
2. 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.
3. Show proposed site lighting on the Site and Landscape Plans (LDR, Chapter
4, Section 7.BA.) The lighting design shall provide a minimum average
light level of one foot-candle. On the Lighting Plan, specify that the light
poles shall withstand a 140 MPH wind load (LDR, Chapter 23, Article II,
Section A.l.a and Florida Building Code). Provide a note that the fixtures
shall be operated by photo-electrical control and are to remain on until 2:00
a.ill. (LDR, Chapter 23, Article II, Section A.I,a.) Include pole wind
loading, and pole details in conformance with the LDR, Chapter 6, Article
IV, Section 11, Chapter 23, Article I, Section 5.B.7 and Chapter 23, Article
II, Section A on the Lighting Plan. Glare which is readily perceptible at any
point at or beyond the property on which the use is located is prohibited
(LDR, Chapter 2, Section 4.N.7). Lighting shall not be used as a form of
advertising in a manner that draws more attention to the building or grounds
at night than in the day (LDR, Chapter 9, Section IO.F.5). Provide
photometries as part of your TART plan submittals,
8746 M
COA
08/04/05
2
DEP ARTMENTS INCLUDE REJECT
4, Coconuts with curving trunks adjacent to parking areas should be planted so
that the trunk curves away from the parking area,
5. Plants specified may not be available in the sizes called out on the plans. For
instance cocoplums presently are only available in 3-gaI./16-in. size.
6, Correct Site Drainage calculations to correctly reflect the current Engineering
Design Manual & Construction Standards.
7. Full Drainage Plans, including drainage calculations, in accordance with the
LDR, Chapter 6, Article IV, Section 5 will be required, and reviewed, at the
time of permitting.
8. Specify storm sewer diameters, inlets types, etc, on drainage plan. Indicate
grate, rim and invert elevations for all structures, Indicate grade of storm
sewer segments. Indicate material specifications for storm sewer.
9. 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 I
and the "Engineering Design Handbook and Construction Standards"
and will be reviewed at the time of construction permit application.
UTILITIES
Comments: I
I
10. 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)),
11. 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.
12, A letter from the Deputy Director of Utilities will be required at the time of
permitting to allow the use of potable water for irrigation,
13. 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,
8746 N
COA
08/04/05
3
I'
DEPARTMENTS INCLUDE REJECT
14. Appropriate backflow preventer will be required on the domestic water
service to the building, and the fire sprinkler line if there is one, In
accordance with CODE Sec. 26-207.
15. 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:
All previous comments have been satisfied.
POLICE
Comments:
All previous comments have been satisfied.
BUILDING DIVISION
Comments:
16. The plans shall be approved and stamped by the Department of Business
and Professional Regulation prior to submittal to the Building Division for
permit.
PARKS AND RECREATION
Comments:
All previous comments have been satisfied.
8746 0
COA
08/04/05
4
DEPARTMENTS INCLUDE REJECT
FORESTER/ENVIRONMENT ALIST i
I
I
!
Comments: None I
PLANNING AND ZONING
Comments:
17. An outdoor bar area is shown on the plans, Bars require conditional use
approval (Chapter2, Section 6.). What percentage of the proposed I
establishment's sales would be from food as compared with beer or liquor I
sales? Staff will use this figure to detennine whether or not the project is
considered a restaurant versus a bar.
18. The maximum allowable height in the C-2 zoning district is 25 feet (Chapter
2, Section 6,B.), On the site plan tabular data (sheet SPl), indicate the
proposed building height and ensure that this figure matches the height
proposed on the elevations (sheet A4),
19. All trees are required to be at least 12 feet overall height at the time of
installation (Chapter 7,5, Article II, Section 5.C.2.),
20. Fifty percent (50%) of site landscape materials must be native species.
Indicate the amount of native material in the plant list of the landscape plan
(Chapter 7.5, Article II, Section 5,P). On the landscape plan plant list (sheet
L 1), separate the trees from the groundcover / shrubs. Furthermore,
separate shade trees from palm trees. Indicate by asterisk, the native species
and ensure that at least 50% of landscape material is native,
I
21. All new project signage is subject to review and approval by the Planning &
Development Board. On the elevations, indicate the cumulative area of all
wall signage, including the "Pick-up" window sign, in order to ensure that it
complies with Chapter 21, Article 4, Section C.), The cumulative sign age
area is based upon the north facade.
8746 P I
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08/04/05
5
DEPARTMENTS
22. Rooftops will be treated as part of the building elevation. All rooftop
equipment must be completely screened from view at a minimum distance
of600 feet (Chapter 9, Section l1.E.),
23. Unless the lighting fixtures are all wall mounted, provide a typical drawing
that includes the height and color / material of all proposed freestanding
outdoor lighting poles. The design, style, and illumination level shall be
compatible with the building design (height) and shall consider safety,
function, and aesthetic value (Chapter 9, Section 10.F.1.). On the
elevations (sheet A4), indicate the material and color(s) of the new wall
mounted lighting fixtures.
24, The colors of the Chow Hut project are recommended as follows:
Sherwin Williams #2337 -Beacon Yellow for the exterior building color (for
the lower 8 to 10 foot portion of the building) as well as the stucco wall to
screen the dumpster,
Sherwin Williams #1366 - Harvest Moon (for all the upper portion of the
building) which will blend with the thatched roof material,
Sherwin Williams #1334 - Cognac for all exterior doors,
Sherwin Williams #1335-Thai Tan for the wood posts supporting the
chickees, all guardrails, and the steel bollards in front.
Paver bricks under chickees shall be a complimentary medium terra cotta
clay color and laid in a herringbone pattern as depicted on the elevation
plan.
This condition is required to be compatible with area development and
consistent with the colors used at The Harbors 3-story townhouse
development nearby at Gateway Boulevard on the east side of Federal
Highway.
25. All new signage for the project shall be consistent with the sign details,
locations, and sign dimensions indicated on the Elevation Plan (A4)
"sandblasted wood slgnage, with white lettering", however the Sign
background shall be Behr Premium Plus Exterior #S-G-280 Mango
Madness instead of brown.
8746 Q
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY
COMMENT:
INCLUDE
REJECT
COA
08/04/05
6
DEPARTMENTS INCLUDE REJECT
Comments: I
II
I!
I
To be determined.
ADDITIONAL CITY COMMISSION COMMENTS:
Comments:
To be determined.
MWRIkz
S:\Planning\SHARED\WP\PROJECTS\Chow Hut MSPM 05-007\COAdoc
8746 R
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: The Chow Hut
APPLICANT'S AGENT: Mr. George Brewer
APPLICANT'S ADDRESS: 85 Southeast 4th Avenue, Delray Beach, FL 33483
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
September 6, 2005
TYPE OF RELIEF SOUGHT: Request a major site plan modification to construct an addition and
change the use to restaurant on a 0.18 acre parcel in C-2 zoning district.
LOCATION OF PROPERTY: 558 Gateway Boulevard (south side of Gateway Boulevard, 2 lots west
of North Federal Highway).
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
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Appficant 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
8746 S
S:IPlanningISHAREDIWPIPROJECTSIChow HutlMSPM 05-0071DO,doc
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 05-129
FROM
Chair and Members
Planning and Development Board,
Community Redevelopment Agency Board,
Mayor and City Commission
Dick Hudson, AICP ~
Senior Planner W
Michael W. Rum~
Director of Planning and Zoning
TO:
THROUGH:
DATE:
July 18, 2005
SUBJECT:
Rights-of-way in PUDs
CDRV 05-014
NATURE OF REOUEST
Staff is proposing amendments to the Land Development Regulations, Chapter 2.5 Planned
Unit Developments, Section 9. Internal PUD standards. F. RIGHTS OF WAY, to add the
following:
"Privately owned streets providinq secondary vehicular circulation internal to the PUD
may be considered for approval with riqhts-of-way and pavement widths less than the
requirements stated in the city's Land Develooment Requlations; however, in no case
shall health, safety, welfare, or efficiencies of public services be ieooardized."
BACKGROUND
Currently, the language in the Land Development Regulations, Chapter 2.5 Planned Unit
Developments, Section 9. Internal PUD standards. F. RIGHTS OF WAY, reads as follows:
"F. RIGHT-OF-WAYS. The minimum width of a right-of-way in a PUD is forty (40)
feet. In the event of a conflict with this section and any other provisions of the City's Land
Development Regulations regulating the width of the right-of-ways, this section shall prevail."
This requirement leaves no opportunities for one-way streets, service roads or common
driveways of any lesser widths. Site plans for developments based on "New Urbanism"
principals are being submitted that are proposing elements of internal circulation with pavement
widths and rights-of-way less than the 40-foot requirement. These circulation elements include
one-way streets and shared rear-access driveways (alleys); however, because of the restrictive
language in the PUD regulations, these cannot be considered for approval. There is no similar
problem with the Infill PUD regulations, since language in those development standards permits
narrower rights-Of-way at the discretion of the City Engineer.
8747
Page 2
CDRV 05-014
Rights-of-way in PUDs
ANALYSIS
Staff has researched a number of development regulations across the country in an attempt to
find standards that would be applicable in all cases and in particular, would accommodate the
types of site plans that are being submitted. One example is the Heritage Club site plan for the
redevelopment of the Gulfstream Mall, where a one-way service drive with a 34-foot width is
proposed on the north side of the site. Another example will be seen in the High Ridge
development, where streets with proposed rights-of-way of 20 feet would provide access to
garages behind the single-family residences.
The publication, "Residential Streets. Third Edition, published by the Urban Land Institute in
conjunction with the American Society of Civil Engineers, the Institute of Transportation
Engineers, and the National Association of Home Builders recommends right-of-way widths
ranging from 34 feet, for low volume local streets, up to 62 feet for collector streets. The
Smartcode, copyrighted by Andres Duany and Elizabeth Plater-Zyberk, shows recommended
rights-of-way ranging from 20 feet, for alleys or lanes, up to 60 feet for urban streets with
parking on both sides. Other codes range from a standard of 30 feet minimum to 60 feet
minimum.
The typical 40-foot right-of-way is expected to provide for DNo-way traffic with pavement widths
ranging from 22 to 34 feet, in addition to sidewalks (where required) and drainage facilities.
-------- --_._~_._._._._----._-----------~ -. -----------~._- -- -- ..-. ----~---. -----._------
Logically, the ultimate right-of-way for any street would take into account a number of factors:
the minimum pavement width necessary to support the average daily traffic volume, on-street
parking needs; access for emergency, maintenance, and service vehicles; pedestrian
accommodations; landscaping; and, utility lines. When these considerations can be
accommodated in a right-of-way of less than a 40-foot width, the City Engineer should be able
to require less, which current language prohibits. This proposed amendment language has been
drafted through a collective effort with the Engineering staff, and will provide appropriate
flexibility, which is a major characteristic of planned unit development zoning.
RECOMMENDATION
Proposed code amendments are attached as "Exhibit A". It is staff's opinion that the proposed
amendments are the minimum necessary to achieve the desired results by allowing the City
Engineer to decide the minimum rights-of-way necessary to for secondary circulation, while
protecting the health, safety, welfare and efficiencies of providing public services; therefore staff
recommends that the proposed amendments be carried forward to the Planning and
Development Board and the Community Redevelopment Agency Board for their review and
comments prior to ultimate and final review by the Commission.
Exhibits
S:\PLANNING\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 05-014 R-O-W IN PUDS\CDRVSTAFFREPT.DQC
8747 A
Exhibit "A"
Proposed Amendments
Chapter 2.t Planned Unit Developments, Section 9. Internal PUD standards. . .
F. RIGHT~-OF - WAYS. The minimum width of a right-of-way for a principal
street in a PUD is forty (40) feet. In the ovent of a conflict '.'lith this section
and any other provisions of the City's Land Development Regulations
regulating the v:idth of the right of ways, this section shall prevail. Privately
owned streets providing secondary vehicular circulation internal to the PUD
may be considered for approval with rights-of-way and pavement widths less
than the requirements stated in the city's Land Development Regulations;
however. in no case shall health. safety. welfare. or efficiencies of public
services be ieopardized.
SIPlanningISHAREDlWPISPECPROJ\CODE REVrEWlCDRV 05-014 R-O-W in PUD,ICode Language doc
8747 B
VII. Pulled Consent Agenda 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 pal1icipate in and enjoy the benetits 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.
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 56 J -737-3256 at least twenty-four hours prior to the program or activity in order for the CRA
to reasonably accommodate your request.
~. --"
/ \
~..... " n", ~ ~...ii.
tI' - ,'i~
. ..... .
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 eRA Office
0 January 11, 2005 December 28, 2004 (Noon) 0 July 12, 2005 June 28, 2005 (Noon)
0 February 8, 2005 January 25, 2005 (Noon) . 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 9, 2005 May 26, 2005 (Noon) 0 December 13,2005 November 29,2005 (Noon)
NATURE OF 0 Consent Agenda 0 Old Business 0 Legal
AGENDA ITEM 0 Director's Report . New Business 0 Future Agenda Items
0 Other Item
DATE: August 2,2005
SUBJECT SUMMARY PARAGRAPH: The City and the CRA would like to enter an Agreement to transfer the
property known as "The Old High School" (School) in order for the BBCRA to facilitate redevelopment of the
structure,
RECOMMENDATION: Staff recommends approval of the Agreement between the City and the CRA to transfer
the School to the CRA for redevelopment.
EXPLANATION: The CRA Board requested an analysis be prepared for a City Commission decision to either
preserve or demolish the Old Boynton Beach High School building in the Town Square. After many public
interviews, historical information obtained and data analysis prepared it was determined that preservation of the
School was the correct choice for the community, The analysis was presented to the City Commission on March
1,2005, The Commission voted 4-1 to approve the restoration of the Old High School.
FISCAL IMPACT: Upon execution of this agreement, the CRA will raise and/or budget $50,000 to perform said
services of the Agreement. In fiscal year 2005-2006, the CRA will raise and/or budget $700,000 and in fiscal year
2006-2007 the CRA will raise and/or budget $1,250,000 to complete the project.
AJ~AT~:O, n: ~p;rove the Agreement for the purchase of ::oynton Beach High School.
( c~v.:;:[" ~]'" Hutohin,o". eRA Di,,"or
8748
C:IDocuments and SettingslbrightllDesktop12005 Agenda SummarieslBB High SchooI.8.9,05.doc
AGREEMENT BETWEEN CITY OF BOYNTON BEACH ("CITY") AND mE
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY ("CRA")
This Agreement (hereinafter "Agreement") is made the
, day of
2005, between the CITY OF BOYNTON BEACH, a municipality
located in Palm Beach County, Florida (hereinafter "CITY") and BOYNTON BEACH
COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to
Charter 163, Part III, of the Florida Statutes (hereafter "CRA"), each one constituting a
public agency as defined in Part I of Chapter 163, Florida Statutes.
RECITALS
WHEREAS, Section 163.380, Florida Statutes, authorizes the City to transfer real
property or any interest therein acquired by it for community redevelopment in a
community redevelopment area, as it deems necessary or desirable to assist in preventing
the development or spread of future slums or blighted areas or to otherwise cany out the
purposes of Section 163, Florida Statutes; and
WHEREAS, on March 1, 2005, the CITY Commission voted 4-1 to approve the
restoration of the Old High School ("School") and to authorize the CRA to return to the
CITY Commission with the formal documents by AprilS, 2005; and
WHEREAS, the City has determined that it is in the public interest to transfer the
School to the CRA for the prevention of the development or spread of future slums or
blighted areas; and
WHEREAS, the CRA will take sole ownership and control of the School and will
be solely responsible for the maintenance, adaptive re-use, insurance, leasing and
redevelopment of the SchooL
8749
M:\OId High School\Revised Old high school transfer of ownqrship agreement 6-30-05,doc
NOW, THEREFORE, it is agreed and understood by and between the parties
hereto as follows:
SECTION ONE - TRANSFER OF OWNERSHIP
1. 1 The City will execute a special warranty deed, attached hereto as Exhibit A, in
favor of the CRA within 30 days of the execution of this Agreement.
1.2 The special warranty deed will transfer in fee simple all rights, title and ownership in
the School to the CRA subject to a reversionary interest in favor of the City, The
reversionary interest shall provide for automatic reversion of the property to the City
on written notice that any condition subsequent set forth in this Agreement has not
occurred.
},3 If CRA is no longer willing or able to comply with the requirements as set forth
within this Agreement, CRA will notify City in writing, and City will exercise its
right to automatic reversion within 30 days of receipt of written notice. If the City
chooses not to exercise its right to automatic reversion, the School, including the
grounds, become the property of the CRA free and clear of any obligations within this
Agreement.
SECTION TWO - DEFINITION OF SCHOOL
2,1 The Old High School ("School") property will include the building at the
building's footprint only. The City will provide ingress and egress across City
8750
M:\Old High School\Revised Old high school transfer of ownl!JShip agreement 6-30-OS.doc
property to the School. The City will also provide necessary parking for the
operation of the adaptive re-use of the School.
SECTION THREE - CONSIDERATION
3.1 The City will transfer ownership of the School to the CRA for the amount of
$10.00 and other valuable consideration as set forth herein,
SECTION FOUR - CONTROL
4.1 After the transfer of ownership from the City to the CRA, the CRA will be solely
responsible for maintaining, controlling, adaptive re-use, leasing, insuring,
redeveloping and adapting the School to its future uses. The CRA shall create A
Building's Use Allocation Plan and Restoration Phasing Plan (the "Plan") which
shall be contained in a Master Project Plan that shall be presented to the City
Commission for approval. The Plan shall be submitted to the City no later than 90
days from the effective date of this Agreement (Condition Subsequent #1). The
Plan shall include Proposed Partnership Agreements with the Cultural Board and /
or other primary users.
SECTION FIVE PHASING PLAN FOR RESTORA TION AND
REDEVELOPMENT OF THE SCHOOL
5.1 The School will be adaptively re-used and redeveloped in accordance with the
Secretary of Interior's Historic Presentation Standards (36 CFR 68) and as
defined in the CRA Project Plan. The School will be placed in usage in sections or
phases to allow for initial operations to begin as quickly as possible.
SECTION SIX - RESPONSffiILITIES OF THE CRA
8751
M:\Old High School\Revised Old high school transfer of own~ip agreement 6-30-OS.doc
6.1 The CRA shall maintain the School's interior and exterior in an acceptable, clean,
safe and neat manner, The grounds of the School will be maintained by the City
unless improvements to the grounds are made by the CRA, and in that case, the
CRA will maintain those particular improvements on the grounds, unless
otherwise agreed to by the parties.
6.2 The CRA shall begin Phase I adaptive re-use no later than nine (9) months after
Plan approval (Condition Subsequent #2).
6,3 If the CRA fails to meet these deadlines as set forth above, the School will
automatically revert back to the City, unless the CRA and the City agree in
writing to amend this Agreement and extend the deadlines for an amount of time
at least equal to the delays caused by extenuating circumstances. If the CRA fails
to meet its goals of maintenance, restoration and redevelopment of the School in
the time frames set forth herein, and no agreement for extension is reached , the
property will revert to the City.
SECTION SEVEN - FUNDING
7.1 The CRA will raise and/or budget $50,000 during the fiscal year during which
this Agreement is executed (Condition Subsequent #3), The purpose of these
funds will be:
a. Acquire building and site from City.
b. Develop partnership agreements with other entities and establish a Project
Team to guide the project completion,
c. Develop and manage a Request for Qualifications to secure a Restoration
Architect and other needed specialists.
8752
M:\Old High School\Revised Old high school transfer of ownl[Ship agreement 6-30-OS.doc
d. Develop a Project Plan defining the building use layout, space allocation,
phasinglbudgeting and adaptive re-use construction phasing schedule.
e. Submit Project Plan for City Commission approval,
f. Execute a grant funding strategy and complete funding requests.
g, Bid adaptive re-use construction.
h. Phase I Renovation and adaptive re-use commences.
7.2 The CRA will raise and/or budget $700,000 during fiscal year 2005-2006
(Condition Subsequent #4).
7.3 The CRA will raise and/or budget $1,250,000 in fiscal year 2006-2007 (Condition
Subsequent #5).
7.4 The CRA will not rely upon the City for funding for the School project.
7.5 This Agreement shall not be viewed as a commitment to budget funds beyond the
current budget year, but failure to budget shall be grounds for reverter to the City,
SECTION EIGHT - REPORTING REQUIREMENTS
8. 1 As a condition of the transfer of ownership of the School to the CRA, the CRA
will be required to prepare and submit semi-annual reports to the City, beginning
six (6) months from the effective date of this Agreement (Condition Subsequent
#6),
8.2 The semi-annual reports will be submitted by the Director of the CRA to the
Mayor and Commission of the City, and will contain all pertinent information
with regard to the status of the adaptive re-use and redevelopment of the School,
including but not limited to: financial reports, restoration status, leasing status,
and redevelopment status.
8753
M:\Old High School\Revised Old high school transfer of own-rship agreement &-30-OS.doc
SECTION NINE - NOTICES
9,1 Any and all notices required or permitted to be delivered pursuant to the terms of
this Agreement shall be effective upon receipt, but in any event no later than three
(3) days after posting by U.S. Mail, certified or registered, postage prepaid or one
(1) day after delivery to an expedited courier service such as Federal Express to
the addresses listed below, Any of the parties described herein may change their
address by giving notice to all other parties set forth in this subsection,
If the CITY:
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33425
Attention: Kurt Bresner, City Manager
With a copy to:
James A. Cherof, City Attorney
3099 East Commercial Boulevard
Suite 200
Fort Lauderdale, Florida 33308
If the CRA:
Boynton Beach Community Redevelopment Agency
639 E. Ocean Avenue, Suite 107
Boynton Beach, Florida 33435
Attention: Douglas C. Hutchinson, Director
With a copy to:
Kenneth G, Spillias, Esquire
Lewis, Longman & Walker, P.A.
1700 Palm Beach Lakes Boulevard, Suite 1000
West Palm Beach, Florida 33401
8754
M:\Old High School\Revised Old high school transfer of owntltShip agreement 6-30-05.doc
SECTION TEN - APPLICABLE LAW
10,1 This Agreement shall be construed in accordance with the laws of the State of
Florida.
SECTION ELEVEN - VENUE
11.1 Each of the parties hereto are authorized to enforce the terms of this Agreement
in a court of law in Palm Beach County, Florida, and may seek all remedies
available at law and in equity, The prevailing party in such litigation shall be
entitled to reasonable costs and attorneys' fees, including fees incurred through
any appeals.
SECTION TWELVE - VALIDITY
12,1 In the event anyone or more of the provisions contained in this Agreement is for
any reason held invalid, illegal or unenforceable in any respect, such invalidity or
illegality or unenforceability will not affect any other provision hereof and this
Agreement will be construed as if the invalid, illegal or unenforceable provision
had never been contained herein.
SECTION THIRTEEN - ENTIRE AGREEMENT
13,1 This Agreement constitutes the entire understanding of the parties and any
previous agreements, whether written or oral, are superseded by this Agreement.
Any amendment of this Agreement must be reduced to writing and executed with
the same formality by both parties.
SECTION FOURTEEN - RECORDATION
14.1 This Agreement shall be recorded in the Public Records of Palm Beach County,
Florida.
8755
M:\Old High School\Revised Old high school transfer of ownffShip agreement 6-30-05,doc
SECTION FIFTEEN - INDEMNIFICATION AND INSURANCE
15.1 Without waiver of limitation as per Section 768,28(5), Florida Statutes, and to the
extent permitted by law, the CITY and the CRA agree to indemnify and hold
harmless the each other from any claims, losses, demand, cause of action or
liability of whatsoever kind or nature that the CRA or the CITY, or either parties'
agents or employees mayor could incur as a result of or emanating out of the
terms and conditions contained in this Agreement, that result from CRA's or
CITY's or any contractor'(s)negligence or willful conduct (or that of their
respective agents or employees) or from breach of this Agreement.
15.2 CRA shall maintain at its own cost and expense all insurance policies providing
coverage to the Property. However, CRA shall be responsible for obtaining the
following identified insurance and showing City as an additional insured:
Certificates of Insurance reflecting evidence of the required insurance shall be filed
with the City's Risk Manager prior to the commencement of this Agreement.
These Certificates shall contain a provision that coverages afforded under these
policies will not be cancelled until at least forty-five days (45) prior written notice
has been given to the CITY Policies shall be issued by companies authorized to do
business pursuant to the laws of the State of Florida. Financial Ratings must be not
less than "A-Yr' in the latest edition of "Best Key Rating Guide", published by
AM, Best Guide.
Insurance shall be in force until the obligations required to be fulfilled under the
terms of this Agreement are satisfied, In the event the insurance certificate
provided indicates that the insurance shall terminate and lapse during the period of
8756
M:\Old High School\Revised Old high school transfer of ownfrShip agreement 6-30-OS.doc
this Agreement, then CRA shall furnish to City, at least thirty (30) days prior to the
expiration of the date of such insurance, a renewed certificate of insurance as proof
that equal and like coverage for the balance of the period of the contract and
extension thereunder is in effect. The CRA shall not utilize the Property pursuant
to this contract unless all required insurance remains in full force and effect.
Commercial General Liability insurance to cover liability bodily injury and
property damage.
Exposures to be covered are: Property, operations,
products/completed operations, and certain contracts. Coverage must be written on
an occurrence basis, with the following limits of liability:
$1,000,000
$1,000,000
$1,000,000
$1,000,000
Combined Single Limit - each occurrence
Combined Single Limit - general aggregate
Personal Injury
Products/Completed Operations Aggregate
eRA shall be responsible to maintain any and all insurance necessary in an amount
adequate to cover the cost of replacement of all improvements, fixtures and contents in the
Property in the event of a property loss (Condition Subsequent #7).
SECTION SIXTEEN - REMEDIES
16.1 This Agreement shall be construed by and governed by the laws of the State of
Florida. Any and all legal actions necessary to enforce the Agreement will be conducted
in Palm Beach County. No remedy herein conferred upon any party is intended to be
exclusive of any other remedy, and each and every such remedy shall be cumulative and
shall be in addition to every other remedy given hereinunder or now or hereafter existing
at law or in equity or by statute or otherwise, No single or partial exercise by any party of
8757
M:\Old High School\Revised Old high school transfer of ownership agreement 6-30-OS,doc
any right, power or remedy hereinunder shall preclude any other or further exercise
thereof
SECTION SEVENTEEN - INTERPRETATION
17.1 This Agreement shall not be construed more strictly against one party than against
the other merely by virtue of the fact that it may have been prepared by counsel for one of
the parties,
SECTION EIGHTEEN - BINDING AUTHORITY
18.1 Each party hereby represents and warrants to the other that each party executing
this Agreement on behalf of the CITY and CRA or any representative in that capacity, as
applicable, has full right and lawful authority to execute this Agreement and to bind and
obligate the party for whom or on whose behalf he or she is signing this Agreement.
SECTION NINETEEN - EFFECTIVE DATE
19,1 This Agreement shall become effective on the date last signed by the parties.
SECTION TWENTY - ANNUAL BUDGET APPROPRIATIONS
20.1 The CRA's obligations under this Agreement are contingent upon annual
appropriation.
8758
M:\Old High School\Revised Old high school transfer of ownmhip agreement 6-30-OS.doc
THE PARTIES HERETO have signed this Agreement as of the Effective Date,
BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY
CITY OF BOYNTON BEACH
By:
Jerry Taylor, Mayor
By:
Jeanne Heavilin, Chair
ATTEST:
By:
Town Clerk
APPROVED AS TO FORM AND LEGAL APPROVED AS TO FORM AND LEGAL
SUFFICIENCTY SUFFICIENCY:
By:
By:
Kenneth G. Spillias, Esq.
CRA Attorney
James Cherof, Esq.
City Attorney
I:\Client Documents\Boyntoo Beach CRA\24l9-000\Misc\Agreements\Revised Old high school transfer of ownership agreement.doc
8759
M:\Old High School\Revised Old high school transfer of o~qship agreement 6-30-OS.doc
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 Janua!)' Ii, 2005 December 28, 2004 (Noon.) 0 July 12, 2005 June 28, 2005 (Noon)
0 Februa!)' 8, 2005 Janua!)' 25, 2005 (Noon) . August 9, 2005 July 26,2005 (Noon)
0 March 8,2005 Februa!)' 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 0 Consent Agenda 0 Old Business 0 Legal
AGENDA ITEM 0 Director's Report . New Business 0 Future Agenda Items
0 Other Item
DATE: August 2,2005
SUBJECT SUMMARY PARAGRAPH: The City and the CRA want to execute an Interlocal Agreement for land
owned by the City known as the Boynton Beach Extension Promenade Property and the CRA's property that will
become a portion of the Boynton Beach Extension and Promenade project.
RECOMMENDATION: Staff recommends approval of the Interlocal Agreement between the City and CRA for
properties known as the Boynton Beach Extension and Promenade Project.
EXPLANATION: The Promenade Project is in the heart of the waterfront redevelopment area. In order for the
CRA to effectively redevelop this area it is necessary to execute the Interlocal Agreement to outline responsibilities
of the combined properties of the CRA and City,
FISCAL IMPACT: Execution of the Interlocal Agreement will require the CRA to reimburse the City in the amount
of $1,477,533 for the City's purchase of the Hall property, An additional $200,000 will be required for Mangrove
mitigation at Jaycee Park. This project is part of our bond funding and will be funded by the tax exempt proceeds.
ALTERNATIVES: To not approve the Interlocal Agreement.
tf ~~~~
(j)jrj; H",ch;nwn, eRA Dkeolo'
8760
C:IDocuments and SeltingslbrightllDesktop\2005 Agenda Summariesllnterlocal BB Promenade.8.9.05.doc
AGREEMENT FOR THE BOYNTON BEACH EXTENSION -
PROMENADE PROJECT
TIllS IS AN AGREEMENT, made and entered into this _ day of ,2005,
by and between the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY
(hereinafter "CRA") and the CITY OF BOYNTON BEACH, Florida (hereinafter "CITY"),
WHEREAS, the CITY owns land that is known as the Boynton Beach Extension Promenade
Property (see description and survey thereof attached hereto as Exhibit "A") hereinafter referred to as
the "Property"; and
WHEREAS, the CRA owns a property that will become a portion of the Boynton Beach
Extension and Promenade project (hereinafter "PROJECT'), described in Exhibit "B" attached
hereto and made a mart hereof
WHEREAS, the CRA is going to have improvements permitted and constructed on said
property (Improvements will be described and depicted in the plan attached hereto as Exhibit "C");
and
WHEREAS, the City has acquired the Hall property which is adjacent to the Boynton Beach
Extension Promenade property which property contributes to the establishment of the promenade as a
natural and preserved area and described in Exhibit "D" attached hereto and made a part hereof; and
WHEREAS, the CRA wishes to further reimburse the City for its additional costs of
acquisition of said Hall property; and
WHEREAS, the parties hereto desire to outline the responsibilities relating to the Property;
NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein, and other good and valuable consideration, the receipt and adequacy of which are
acknowledged, the CRA and the CITY agree as follows:
1.0 Recitals. The foregoing recitals are true and correct and are hereby
incorporated into this Agreement.
2,0 Responsibilities of the CRA.
2. I The CRA agrees to have permitted and constructed the improvements known as the
Boynton Beach Extension Promenade Project and more particularly described in Exhibit "C"
attached hereto and incorporated herein,
2.2
the project.
The CRA will pay the City for its costs and expenses in the maintenance and repair of
2.3 The CRA will convey by Warranty Deed at no cost to the City that the portion ofland
for the Project as described in Exhibit "B" attached hereto and made a part hereof
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2.4 The CRA will reimburse the City In the amount of $1,477,533 for the City's
acquisition costs of the Hall property,
3.0 Responsibilities of the CITY.
3.1 The CITY will take ownership of the improvements once completely constructed as
described in Exhibit "C".
3.2 The CITY shall maintain and repair all the improvements described in Exhibit "c"
for the life of the improvements. Said expenses and costs to be paid for by the CRA.
3.3 The CITY will allow for Jaycee Park to be used for Project mitigation including the
granting of a conservation easement as shown in Exhibits "E" and "0" attached hereto and made a
part hereof. The CRA shall pay $200,000 to the City for the construction of needed mitigation
elements and use of public land. Plans attached as Exhibit "E".
3.4 The CITY will be liable for and shall indemnify and hold harmless the CRA, its
agents, servants, and employees and officials from liabilities, damages, losses, claims, lawsuits,
injuries and costs, including but not limited to, reasonable attorneys' fees at trial or appeal that result
from any third party claim regarding or resulting from the use or condition of the Project property.
4.0 Term of Contract. The term of this Contract shall begin on the date of execution of
the contract and end upon the first to occur of the following conditions:
a. the completion of the improvements referenced herein; or
b. when the CITY ceases to be the owner of the Property; or
c. when the CRA is dissolved as an entity.
5.0 Severability. If any provision of this Agreement or application thereof to any
person or situation shall to any extent, be held invalid or unenforceable, the remainder of this
Agreement, and the application of such provisions to persons or situations other than those as to
which it shall have been held invalid or unenforceable shall not be affected thereby, and shall
continue in full force and effect, and be enforced to the fullest extent permitted by law.
6.0 Entire Agreement. This Agreement constitutes the entire understanding of the
parties and any previous agreements, whether written or oral, are hereby superseded by this
Agreement. This Agreement may be modified in accordance with paragraph 7.0 below.
7.0 Modification of Agreement. This Agreement may be modified upon mutual consent
of the parties only in writing, and executed with the same dignity herewith.
8.0 Binding Authority. Each person signing this Agreement on behalf of either party
individually warrants that he or she has full legal power to execute this Agreement on behalf of the
party for whom he or she is signing, and to bind and obligate such party with respect to all provisions
contained in this Agreement.
9.0 Governing Law and Venue. This Agreement shall be governed by the laws of the
State of Florida, with venue lying in Palm Beach County, Florida.
8762
Page 2
LAPjas Rev. 6.7.04
Z:\lnlerlocal AgreemenlslBBB Interlocal\BBCRA Exl - Promenade Proj - revised.doc
10. Remedies. Any and all legal actions necessary to enforce this Agreement will be
conducted in Palm Beach County, Florida. No remedy herein conferred upon any party is intended to
be exclusive of any other remedy, and each and every such remedy given hereunder or now or
hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any
party of any right, power or remedy hereinuder shall preclude any other or further exercise thereof
11. Interpretation. This Agreement shall not be construed more strictly against
one party than against the other merely by virtue of the fact that it may have been prepared by
counsel for one of the parties,
12. Effective Date,
by the parties.
This Agreement shall become effective on the date last signed
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day
and year first written above.
8763
Page 3
LAP:jas Rev. 6.7.04
M:\Interlocal Agreements\BBB Interlocal\BBCRA Ex! - Promenade Pro; - revised. doc
Signed and Seal and Witnessed
in the presence of:
CITY OF BOYNTON BEACH, FL
Witness
Mayor
Witness
ATTEST:
Approved as to Form:
City Clerk
City Attorney
Signed, sealed and witnessed in the
Presence of:
CRA
Witness
Chair
Witness
State of Florida )
)ss,
County of Palm Beach)
Personally appeared before me duly authorized to administer oaths , to me known to be the
person described herein and who executed the foregoing instrument and has acknowledged before me
and has executed the same,
Notary Public
My Commission Expires:
8764
Page 4
LAP:jas Rev. 6.7.04
M:\Interlocal AgreementslBBB InterlocallBBCRA EX! - Promenade Proj - revised. doc
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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 Janual)' II, 2005 December 28,2004 (Noon.) 0 July 12, 2005 June 28, 2005 (Noon)
0 Februal)' 8, 2005 Janual)' 25, 2005 (Noon) . August 9, 2005 July 26, 2005 (Noon)
0 March 8,2005 Februal)' 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 9, 2005 May 26, 2005 (Noon) 0 December 13,2005 November 29,2005 (Noon)
NATURE OF 0 Consent Agenda 0 Old Business 0 Legal
AGENDA ITEM 0 Director's Report . New Business 0 Future Agenda Items
0 Other Item
DATE: August 2,2005
SUBJECT SUMMARY PARAGRAPH: The CRA is working with streetscape engineers at PBSJ to design and
recommend improvements for SE 4th Street from SE 12th Avenue to SE 2nd Avenue,
RECOMMENDATION: Staff recommends approval of the attached recommendations of PBSJ,
EXPLANATION: The City of Boynton Beach Utility Department is about to start a major storm water project on
4th Street. The engineer solutions although very effective would leave a ditch down the middle of one of our key
downtown streets, Additionally drainage funds do not address "streetscape" items sought by the CRA Therefore
the City Planning Staff, Utility Staff and the CRA Staff have been meeting to design streetscape components into
the 4th Street Drainage Project.
FISCAL IMPACT: $200,000 in design costs for fiscal year 2004-2005 budget and $750,000 in construction in
both fiscal years 2005-2006 and 2006-2007,
CRA Staff
~;n'on. eRA D;,,,,o<
8771
C:\Documents and Settings\brightl\Desktop\2005 Agenda Summaries\4th Street Upgrades.8.905.doc
PBSJ
Meeting Minutes
S.E. Federal Corridor Project
PBS&J Project No. 140497.00
City of Boynton Beach, FL
Attendees: Jeff Livergood
Doug Hutchinson
Eric Johnson
Paul Fleming
Phillip Dover
Location: Planning & Zoning Conference Rm.
Boynton Beach City Hall
Date/Time: July 7, 2005, 1 PM
Subject: Discussion of Design Elements for SE 4th Street from SE Ith Ave. to SE 2nd Ave.
Discussion:
· Vegetated portion of median will be irrigated using drip irrigation and storm/well water.
Potable water use not preferred. City contact on irrigation and landscaping is Glenda
Hall.
· Typical cross section of road will consist of following:
1. ROW Line
2. 7 foot wide sidewalk that will be partially used by power poles and light poles.
Sidewalk to be standard concrete.
3. 9.5 foot wide parking area as measured from back of curb and will include valley
gutter to separate parking from travel lane
4. 11 foot travel lane
5. 5' wide median will alternate between approx. 30 feet of low maintenance
landscaping and approx. 20 feet of brick pavers along the entire median length.
6. Repeat from above nos. 4, 3, 2, and 1.
· On street parking will use curb bulb-outs in lieu of thermoplastic pavement markings to
delineate parking areas (thermo markings to be used at intersections). Mid-block bulbs
will be accented using brick pavers and above-grade (concrete/cement) planters. Planters
will be irrigated.
· Curb bulb-outs will also be used at all street intersections and accented with brick pavers
(and trees where appropriate by design/sight distances)
· City has requested PBS&J to modify current task order Amendment No.1 for the
addition of the following:
",.
...
1, Irrigation source study. Irrigation study will be limited for up to 4 alternatives
that will include 1) irrigation using surficial wells to fill multiple tanks housing
irrigation pumps, or 2) retrieval of irrigation water directly from catch basins
and/or stormwater structures, or 3) irrigation water using a surface wet pond at
Pence Park, or 4) irrigation water using a subsurface cistern at Pence Park.
8772
2, Modification/detailing of landscape features (median paver design, intersection
paver design, bulb-out paver design)
3. City will be responsible for irrigation and landscape design at their request.
(Note: Subsequent discussions with City following meeting indicated City's intent to
incorporate their landscape and irrigation design sheets separately into the project's
construction drawings for bidding purposes. City's sheets will utilize their borders
and standards and will not be signed nor sealed by PBS&J. PBS&J will be
responsible for design of irrigation tankage and pumping system.
. Meeting concluded at approximately 2:00 PM,
8773
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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 Meelinl! Dates CRA Office
into CRA Office
0 January 11, 2005 December 28, 2004 (Noon.) 0 July 12, 2005 June 28, 2005 (Noon)
0 February 8, 2005 January 25, 2005 (Noon) . 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 0 Consent Agenda 0 Old Business 0 Legal
AGENDA ITEM 0 Director's Report . New Business 0 Future Agenda Items
0 Other Item
DATE: August 2,2005
SUBJECT SUMMARY PARAGRAPH: On July 20, 2004 the City Commission granted a Development Order
approving the site plan for the Promenade project to be developed by Boynton Waterways Investment Associates,
LLC, At this time a request has been made for the Promenade project to receive a Request for Extension and Site
Plan Modification, This extension is a routine request, however, the agreement calls for a board review and
consideration of approval.
RECOMMENDATION: Staff recommends approval of the Request for Extension and Site Plan Modification of the
Promenade project.
EXPLANATION: Boynton Waterways Investment Associates has been working diligently to negotiate with a
general contractor to complete the project. Due to the intense demand for contractors at this time, the developer
has not yet reached a point where they can apply for a building permit. These delays require the developer to
request the CRA to approve a 12-month extension of the Commencement Date for the project as defined in the
Incentive Agreement.
FISCAL IMPACT: None, the Incentive is performance based funding,
ALTERNATIVES: To deny the request for approval the Request for Extension and Site Plan Modification,
"
jez f,~ ~Ct L
C Staff
8774
C:\Documents and Settings\brightl\Desktop\2005 Agenda Summaries\Promenade XtnS.8.9.05.doc
Greenberg
Traurig
RECEIVED
"
Paul D'Arelli
954-768-8248
l)ar(J 1 rprjj:gt 1<.1 \~:.: l'(~r:n
"j: ~"
BOYNTON BEACH C.R.A.
July 8, 2005
VIA FACSIMILE AND FED EX
Mr. Doug Hutchinson
Boynton Beach Community Redevelopment Agency
639 East Ocean Avenue, Suite 103
Boynton Beach, FL 33435
Re: Promenade - Request for Extension and Site Plan Modification
Dear Doug:
As you know, on July 20, 2004, the City Commission granted a Development
Order approving the site plan for the Promenade project (File No. NWSP 04-009) that is
being developed by our client, Boynton Waterways Investment Associates, LLC. On
June 28, 2005, we submitted a request to the City for a 12-month extension of the site
plan approval and that request is currently being processed. In accordance with the
requirements of the Direct Incentive Agreement, we are hereby also requesting CRA
approval to extend the "Commencement Date" (e.g., the date by which the developer
must apply for a building permit) by 12 months.
Our client has been working diligently on its very successful marketing campaign
and the project is essentially fully reserved. However, while building plans are complete,
negotiations with the proposed general contractors have been ongoing due to intense
market demand for contractors and the developer is not yet at point where they can apply
for a building permit. Therefore, we are hereby respectfully requesting that the CRA
approve a 12-month extension of the Commencement Date as defined in the Incentive
Agreement.
As always, thank you for your assistance with this matter and please call me at
(954) 768-8248 if you need any additional information.
Sincerely,
~{f- f) th1L0
Paul D'Arelli
cc: Mr. Jeff Krinsky
8775
Greenberg Traurig, PA 1 Attorneys at Law 1401 East Las Olas Boulevard I Suite 2000 I f'ort Lauderdale, FL 33301
Tel 9547650';00 I Fax 954765.1477
! ALBANY
AMSTERDAM
ATLANTA
BOCA RATON
BOSTON
CHICAGO
DALLAS
DENVER
FORT l.AUDERDALE
LOS ANGELES
MIAMI
NEW JERSEY
NEW YORK
ORANGE COUNTY, CA
ORLANDO
PHILADEI PHIA
PHOENIX
SILICON VAlLEY
lALLAHA.5SEE
TYSDNS CORNER
WASHINGTON, D.C.
WEST PALM BeACH
WILMINGTON
ZURICH
www.gtlaw.com
Sent by: GREENBERG TRAURIG
954 765 1477 i
07/08/05 11 : 46AMiJetFclx #770jPage 1/2
Greenberg
Traurig
Transmittal Cover Shelt
From:
PaulD'Arelli
Tel:
(9M) 768-8248
I!~Mail:
darellip@gtlaw.com
To:
Mr. Doug Hutchinson
Fax No:
561-737-3258
Company:
Boynton Beach Community
Redevelopment Agency
Phone No.:
561-737-3256
File No.: 52174.010400
Re: Promenade
Date: July 8, 2005
No. Pages: Including Cover Sheet 2
If you do not receive all pages proDerlv. please call (954) 468~1763.
Notes:
8776
Also sent via:
o us Mail
o Overnight
o Messenger
o Email
[K] No Other
The information contained in this transmission is attorney privilegeo BnQ conficlenlial. It is intend eo only for \he U$e of the individu~1 or enfA)'
named above. If the r8adtilr of thi~ mN~age Is not the Intended Alclplent. you are hereby nollfled that any dissemination, c:llsttibulion or
coWing of Ihl!!: C(lI'/'lmunlc:atlon 1$ !Jtrl~ ptQhibiled, If you !'lay. noceivl>Cl Illb ",ommuniealiOn In COlTOr. p~ n"'lilY ..... imm-dilOt-/v t>v
lelepnone COll9CI ana rowm me OrigInal message 10 liS BIttle aClOrasg belOW VIll me u.s. P09lElI service. we Will relmlll.lrse YIJU for your
postage. Thanll you.
401 East LaS 018$ BouleVard. Suite 2000. ft. Lauderdale. Florida 33301 Phone: 954,765.0500 Fax: 954.76S,14n
Sent by: GREENBERG TRAURIG
954 765 1477j
07/08/05 11 : 46AMjJedax #770jPage 2/2
Greenberg
Traurig
Paul D'AroUi
954.768.8248
~].w.~O]J1
July 8, 2005
VIA FACSIMILE AND FED EX
Mr. Doug Hutchinson .
Boynton Beach Community Redevelopment Agency
639 East Ocean Avenue, Suite 103
Boynton Beach, FL 33435
Re: Promenade - Request for Extension aDd Site Plan Modifieation
Dear Doug:
As you know, on July 20, 2004, the City Commission granted a Development
Order approving the site plan for the Promenade project (File No. NWSP 04-009) that is
being developed by our client, Boynton Waterways Investment ASsociates, LLC. On
June 28, 2005, we submitted a request to the City for a 12-month extension of the site
plan approval and that request is cUrrently being processed. In accordance with the
requirements of the Direct Incentive Agreement, we are hereby also requesting CRA
approval to extend the "Commencement Date" (e.g., the date by which the developer
must apply for a building pennit) by 12 months.
Our client has been working diligently on its very successful marketing campaign
and the project is essentially fully reserved, However, while Duilding plans are complete,
negotiations with the proposed general contractors have been ongoing due to intense
market demand for contractors and tbe developer is not yet at point wbere they can apply
for a building permit. Therefore, we are hereby respectfully requesting that the CRA
approve a 12-montb extension of the Commencement Date as defined in the Incentive
Agreement. .
As always, thank you for your assistance with this matter lIJ1d please call me at
(954) 768-8248 if you need any additional information.
Sincerely,
~.t9~
Paul D'Arelli
cc: Mr. Jeff Krinsky
8777
Greenbl!rg rr~llrig, p,A.1 Attorneys at Law' 4Q1 East Las Olas Bouk!vard I Suite 2000 I Fort !.Gllderd"le, F~ 33301
Tel 954.76S.0S00 I Fax 95.4,7651477
AUlANY
AMmRPAM
,l.Tv.NTA
1100. ~TON
BOSTON
CHlCA.GO
PAu,o.S
ClNVllR
FORT l.AUD~'-OAI.S
LOS ANGEUS
MI.I\MI
r-IEW JlRSEY
N~yOl\I:
0R.tNGi cOlJ>lTY, CII
O<<IJ</IIDO
PHIV\D.~HIA
PHOENIX
5iljCON IIAI.l.EY
TAUAHR551~
TYSONS CO~NE~
WASHINC;l'Cl"l, D.c.
WUT ""~M I~CH
W~L."'I~'"
I ZURICH
I www,gttaw,t;om
x. 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 eRA
to reasonably accommodate your request.
XI. Director's 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 sllch purpose may need to ensllre 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.
MEMO
To:
CRA Board
From:
Douglas Hutchinson
Date:
August 1, 2005
Subject:
Directors Report
Executive:
· Agenda Item & Directors Report - The Director proposes to move "City
Commission Action" to the Director's Report because it is information only
and does not require CRA action.
· 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.
· 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 October 2005
Workshop. DH
· Arts Commission - The Commission has requested that the CRA Board
select one individual to serve as liaison for the Arts Commission. The
selected individual board member will serve a one-year term beginning on
April 2006.
· Chamber Ad - A board member has suggested that the eRA increase its
ad size from a 2/3 page ad at $1,875 to a full page ad at $2,255.
8778
Annette's Shares X:\Monthly Directors Reports\2005\Monthly Directors Report. Aug.doc
Planning:
. Design Guidelines - The document has been given back to RMPK
Group for their next revision. The project is about 90% complete.
The target dates are for workshop in September, CRA Board in October,
the City in November. VB
. Unified Update eRA 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 September, CRA Board in October, the
City in November. VB
. Land Development Regulation (LOR) - Re-write of LOR's will be done
by the City Planning Staff and the CRA. The target dates are for
workshop in September, CRA Board in October and, the City in
November. VB
. Affordable Housing Initiative - Draft ordnance written and being
reviewed for changes by City staff and development community. VB
Administration:
. Trolley System:
. Trolley Operations - The Congress Avenue Trolley has increased in
ridership due to public interest, marketing and media events, Staff is
working to add additional stops on this route and adjust route changes
for convenience. The Ocean Avenue Trolley started its operation on
July 28th and staff will be monitoring ridership and routes. LB
. Trolley Grants - Federal Transit Administration (FTA) - Staff will
be attending grants training to secure federal earmarked funding as
well as pursue local grants with the Palm Beach Country Metropolitan
Planning Organization Community Transit. LB
. Business Genesis Program - July Roundtable held as introduction and
networking for new staff. Staff is will continue to work with existing participants
and begin to recruit other candidates. Business Genesis applications for 2005-
2006 will be available next month. LB
. Interim Audit - At the July 12th board meeting staff received direction to secure
an interim forensic audit. This audit is in place and will begin on August 8th with
a report due in September.
8779
Annette's Shares X:\Monthly Directors Reports\2005\Monthly Directors Report- Aug.doc
· Staffing - Margee Adelsperger is the new Event Coordinator for the CRA and will
be reporting to work on August 8th. Ms. Bright has recommended and
coordinated the transfer of Nicole Monet, CRA Bookkeeper, back to the position
of Administrative Assistant effective August 3rd. Ms. Bright will be recruiting for
the Bookkeeping Position immediately.
· Annual Report - Staff met with graphic arts personnel to work on layout for the
annual report and expects to have work completed in September. LB
· Events - Staff has met with the City Public Information Officer, Wayne Segal and
Senior Events Manager, Ginny Shea to work on leveraging CRA event dollars by
partnering on community events. Promotions and event concepts will be
presented to the board at the budget workshop.
Attachments:
· Director's Calendar
· Staff Planning Report
City Commission Action: None
8780
Annette's Shares X:\Monthly Directors Reports\2005\Monthly Directors Report- Aug.doc
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iDA~-tl==----:~ *---:~~~~--;'l~005:--~cun- ---If - ~ - -. .
_N~ME OF PROJECT: Uptown Lofts
LOCATION: Gulfstream Lumber
i WoolbrighUN Federal
TYPE OF PROJECT:
OWNER(S):
'Name
,Project Contact Person:
'Name
:Address
_ Clty/SUZip
Phone/Fax/Email
Epoch Properties
Kyle Rlva
395 Carolina Avenue
Winter Park, FL32789
407 -644-9055 407-644-9845
PROJECT DETAILS
Devel.opment Site Size:
Acres:
146
Zoning/Use:
MU MXL-3
Design Guidelines Met?
Yes - good street frontage and Intenor circulation
Max, Height - 75" - Height Variance needed for 5'
Componets:
Type of Element
Sq.Ft
385,601
o
43,359
o
428,960
Residential
Restaurant
Retail
Office
Parking
, Req U Ired Park i ng :~~~-=~_~~~~_~'~-.'=:=~'~._~_-~_-= ~_-=~_=-_'~~__-_~-_~~__._____.m~__
,Residential ____~______~_____ ___n_______ ____.__m._,.
Co~mercial/Retail/Office. !orF'r~e~t______ ____n_ _ _______ _ _______ __ __ _
Total
,._______.__n~__ ______.__~_ .___.________.___..____~______ _
Project Parking Provided___________________
Parking in excess of requirements
PROJECT TIME TABLE:
Current Status
Construction Start Date
Completion Date
in for site plan approval - August 05 CRA
TOTAL ESTIMATED PROJECT VALUE UPON COMPLETION:
8785
No. Units
494
No, Spaces
895
217
1,112
1,362
250
$60,000,000
I
---- I-
I
____oj
-t
::.---J
ullJ.IL~.o-, _?Q05
1
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY
-- -- ---._.'---'-~"-' -..----..--
PROJECT REPORT
-----.- '---..--.,-----... _._..._" .--
NAME OF PROJECT:
LOCATION:
The Arches
Ocean & Federal
TYPE OF PROJECT:
OWNER(S):
Name
Address ________ _ _
Clty/SVZlp _~___ ____
Phone/FaxlEmail
Mixed-Use
Maxwelle Realty
Ryan Welsflsch
3050 Aventura Blvd
Aventura, FL 33180
(305) 792-7500
PROJECT DETAILS
,Development Site Size:
Acres,
Square Feet
Bldg Sq. Ft.
DU/AC
Zoning
Land Use,
504
219,567
815,023
75
CBD to MU-H (150' - 40 FAR 80 du/ac)
MXC
Componets:
Type of Element
Residential
Restaurant
Retail
Office
Sq.Ft.
514,050
o
38,599
o
No, Units
378
Parking
Required Parking
Residential
CommerCial/Retail/Office for PrOJ~ct
Total Required Parking
No. Spaces
554
193
747
Parking PrOVided
Garage
Residential
Commerclal/Retail/Q!!ic;e for Projecl
Public Surplus
Sub-Total
554
193
56
803
On-Street (includes City~otL
Total
Urban Design Comments:
1 Height variance needed - 16' Total height 167'
2 Plaza at Federal and Ocean -
a Plaza is too large. Reduce size
b Create a gathering area using interactive design elements - art, fountains, lighting, fixed seating areas
3, Federal Highway central entrance
a Create corner cuts at north/south bldgs to feature design elements such as sculpture or fountains
4 Corners at Federal/2nd and 2nd/4th
a Need architectural features.
5. Elevator shafts on roof How will these be hidden?
64th Street
a No metal overhead doors
b. Parking garage entrance needs better architectural treatment
c 4th needs active pedestrian engagement along the two blocks of 4th, I,e , townhomes, storefronts or offices
PROJECT TIME TABLE:
52
855
Current Status'
Construction Start Date
Completion Date
In for LU/Srte plan, abandonment approval - to
CRA Board Aug 2005
TOTAL ESTIMATED PROJECT VALUE UPON COMPLETION:
8786
---.1 __ --~L----__
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The Arches - Comparison of Old and
New Site Plan
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY
NAME OF PROJECT:
LOCATION:
Ocean & Federal
TYPE OF PROJECT:
OWNER(S):
Name
Address
--- ----------
City/St/Zip . ___
Phone/FaxlEmail
Mixed-Use
Maxwelle Realty
Ryan Weisfisch
3050 Aventura Blvd
Aventura, FL 33180
(305) 792-7500
Acres:
Bldg, Sq. Ft.
DUlAC
New Site Plan
5.04 (stated on site plan-includes
abandonment of SE 1 st, alley, and
sidewalk on 2nd, Ocean and 4th.
Actual shown on survey =
170,371 '/3.91 + SE 1 st Ave & alley =
178,329'/4.09 - Abandonment of SE
1 st and alley is standard request -
abandonment of sidewalk is not.)
815,023
92
CBD to MU-H (150' - 4.0 FAR 80
du/ac)
MXC
Old Site Plan
3.5
687,221
79
Zoning
Land Use
Components:
Type of Element
Residential
Restaurant
New Site Plan - 7/05
Sq.Ft. No. Units
552,649 378
o
Old Site Plan - 4/03
Sq. Ft. No. Units
429,121 276
o
Retail
Office
_____n___ Gara~.
38,599
o
262,374
853,622
56,500
o
201,600
687,221
32% change
Parking
Required Parking
Residential
--_._.._-----~---_._~
Commercial/Retail/Office for P~Clj~c~_~__
Total Required Parking ___________
No. Spaces
No. Units
554
193
747
512
237
749
Parking Provided
Garage
Residential
-- ---------...------..----
Commercial/Retail/Office for Project
Public Surplus
Sub-Total
554
193
56
803
512
237
2
751
On-Street (includes City~_
Total
52
855
Public Plazas
4,636 sq. ft.
9,600 sq, ft,
Height (new plan requires a height exception)
167' (includes
elevator shafts)
139' (includes 9'
decorative rods -
2)
8787
XII. 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.
XIII.
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.
XIV. Future Agenda Items
A. Special Meeting:
1. Tuesdav. AUQust 30th. at 6:30 p.m. City Chambers
· Consideration of Requests from Arches Project
. Workshop - 2nd Consideration of 2005-2006 Budget
B. Workshop Meetings to be held on the following dates:
1. Thursdav. AUQust 18th. 2005 at 6:30 p.m. at 639 E. Ocean Ave.
Suite 107
· Consideration of 2005-2006 Budget
2. Thursdav. September 22nd. 2005 at 6:30 p.m. Suite 107
· Consideration of Human Resources Policy Recommendations
· Consideration of CRA 2030 Plan, Design Guidelines and CRA
Land Development Regulations (LOR).
3. Thrusdav. October 20th. 2005 at 6:30 p.m. at Holidav Inn
Catalina
· Consideration of Feasibility of Attraction Complex.
4. Thursdav. November 17th. 2005 at 6:30 p.m. Suite 107
· 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 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 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 C RA. 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. 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.
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