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Agenda 08-30-05 Tuesday, August 30, 2005 Continuation of August 9th, 2005 Board Meeting Commission Chambers 6:30 P.M. I. Call to Order II. Roll Call III. Public Hearing Old Business A. R-O- W Widths in PUD Code Review 1. PROJECT: R-O-W Widths in PUDs (CDRV 05-014) - 8828 AGENT: Staff-initiated CODE SECTION: Part III Land Development Regulation, Chapter 2.5 Planned Unit Development, Section 9.F DESCRIPTION: 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. IV. Pulled Consent Agenda Items V. Old Business - None 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. Annette Shares C:\Documents and Settings\collinss\Local Settings\Temporary Internet Files\OLKF\CRA Agenda (con't meeting) Aug 30 2005.doc VI. New Business A. Consideration of Interlocal Agreement for the Old High School Adaptive Re- use. - 8872 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 VII. Board Member Comments VIII. Director's Report - 8778 IX. Legal X. Other Items XI. Future Agenda Items A. Special Meeting: 1. Tuesday. 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. Thursday, September 22nd at 6:30 p.m. Suite 107 · Consideration of Human Resource Policy Recommendations · Consideration of CRA 20/30 Plan, Design Guidelines & CRA Land Development Regulations (LDR) 2. Thursday. November 17th at 6:30 p.m. Suite 107 · Consideration of the Feasibility of an Attraction Complex 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. Annette Shares C:\Documents and Settings\collinss\Local Settings\Temporary Internet Files\OLKF\CRA Agenda (con't meeting) Aug 30 2005.doc C. Future Project Preview - September 15, 2005 1. In-Town Development Group - Samantha Simon (Invited) 2. Ocean Breeze Townhomes - Larry Finkelstein (Invited) 3. HOB Self-Assembly Group - Frank Chirkinian (Invited) XII. Future Project Preview - None XII. Adjournment Tuesday, August 30, 2005 Special Meeting 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, August 9, 2005 Meeting - 8794 B. Consideration of Revised Financial Report - June 30,2005 - 8814 C. Consideration of Server Technology and Integrated Accounting Software - 8819 D. Consideration of an Event Partnership with City of Boynton Beach for the "Pirates of the Intracoastal" scheduled on 10/22 & 10/23. - 8826 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. Annette Shares C:\Documents and Settings\collinss\Local Settings\Temporary Internet Files\OLKF\CRA Agenda (con't meeting) Aug 30 2005.doc V. Public Audience VI. Public Hearing New Business A. The Arches Land Use Plan AmendmentlRezonine: 1. PROJECT: Arches (LUAR 05-008) - 8831 AGENT: Bonnie Miskel, Esq., Kim Glas-Castro, AICP Ruden McClosky OWNER: Boynton Ventures I, LLC LOCATION: Southeast comer of the intersection of Ocean Avenue and SE 4th Street DESCRIPTION: Request to amend the Comprehensive Plan Future Land Use Map from Mixed Use (MX) to Mixed Use Core (MX-C); and Request to rezone D.58-acre of property from Central Business District (CBD) to Mixed Use-High Intensity (MU-H). Proposed Use: Addition to an approved mixed use development proposed to include a total of 378 dwelling units and 38,599 sq. ft of commercial space. Abandonment - Street 1. PROJECT: Arches (Street) (ABAN 05-004) - 8837 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. Annette Shares C:\Documents and Settings\collinss\Local Settings\Temporary Internet Files\OLKF\CRA Agenda (con't meeting) Aug 30 2005.doc AGENT: Bonnie Miskel, Esq., Kim Glas-Castro, AICP, Ruden McClosky OWNER: Boynton Ventures I, LLC LOCATION: Southeast comer of the intersection of Ocean Avenue and SE 4th Street DESCRIPTION: Request for abandonment of a forty (40) foot wide right-of-way known as Southeast 1 st Avenue between Federal Highway and Southeast 4th Street in connection with the proposed Arches development. Abandonment - Allev 2. PROJECT: Arches (Alley) (ABAN 05-005) - 8848 AGENT: Bonnie Miskel, Esq., Kim Glas-Castro, AICP Ruden McClosky OWNER: Boynton Ventures I, LLC LOCATION: Southeast comer of the intersection of Ocean A venue and SE 4th Street DESCRIPTION: Request for abandonment of a portion of an alley (Southeast 1 st Place), located immediately east of SE 4th street, in connection with the proposed Arches development. Abandoment - Sidewalk 3. PROJECT: Arches (Sidewalk) (ABAN 05-006) - 8859 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. Annette Shares C:\Documents and Settings\collinss\Local Settings\Temporary Internet Files\OLKF\CRA Agenda (con't meeting) Aug 30 2005.doc AGENT: Bonnie Miskel, Esq., Kim Glas-Castro, AICP Ruden McClosky OWNER: Boynton Ventures I, LLC LOCATION: Southwest comer of Ocean Avenue and Federal Highway DESCRIPTION: Request for abandonment of a portion of rights-of- way that abut the Arches at Boynton Beach along SE 2nd Avenue, SE 4th Street, Ocean Avenue and Federal Highway and that are improved for public sidewalks. VII. Pulled Consent Agenda Items VIII. Adjournment Tuesday, August 30, 2005 Workshop Meeting Commission Chambers 6:30 P.M. I. Call to Order II. Agenda A. Consideration of the CRA 2005/2006 Budget III. 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. Annette Shares C:\Documents and Settings\collinss\Local Settings\Temporary Internet Files\OLKF\CRA Agenda (con't meeting) Aug 30 2005.doc (~r) (' I):A :. ~ . :. Tuesday, August 30, 2005 Continuation of August 9th, 2005 Board Meeting Commission Chambers 6:30 P.M. I. Call to Order II. Roll Call I". Agenda Approval A. Additions, Deletions, Corrections to the Agenda B. Adoption of Agenda IV. Consent Agenda A. Approval of Minutes, August 9, 2005 Meeting - 8794 B. Consideration of Revised Financial Report - June 30,2005 - 8814 C. Consideration of Server Technology and Integrated Accounting Software - 8819 D. Consideration of an Event Partnership with City of Boynton Beach for the "Pirates of the Intracoastal" scheduled on 10/22 & 10/23. - 8826 V. Public Audience VI. Public Hearing Old Business 8788 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. Annette Shares X:\CRA Agenda\CRA Agendas 2005\CRA Agenda (con't meeting) Aug 30, 2005.doc A. R-O. W Widths in PUD Code Review 1. PROJECT: R-O-W Widths in PUDs (CDRV 05-014) - 8828 AGENT: Staff. initiated CODE SECTION: Part III Land Development Regulation, Chapter 2.5 Planned Unit Development, Section 9.F DESCRIPTION: 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. New Business A. The Arches Land Use Plan AmendmentlRezonine: 1. PROJECT: Arches (LUAR 05-008) - 8831 AGENT: Bonnie Miskel, Esq., Kim Glas-Castro, AICP Ruden McClosky OWNER: Boynton Ventures I, LLC LOCATION: Southeast comer of the intersection of Ocean Avenue and SE 4th Street DESCRIPTION: Request to amend the Comprehensive Plan Future Land Use Map from Mixed Use (MX) to Mixed Use Core (MX-C); and Request to rezone O.58-acre of property from Central Business District (CBD) to Mixed Use-High Intensity (MU-H). 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. 8789 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. Annette Shares X:\CRA Agenda\CRA Agendas 2005\CRA Agenda (con't meeting) Aug 30, 2005.doc Proposed Use: Addition to an approved mixed use development proposed to include a total of 378 dwelling units and 38,599 sq. ft of commercial space Abandonment - Street 1. PROJECT: Arches (Street) (ABAN 05-004) - 8837 AGENT: Bonnie Miskel, Esq., Kim Glas-Castro, AICP, Ruden McClosky OWNER: Boynton Ventures I, LLC LOCA TION: Southeast corner of the intersection of Ocean Avenue and SE 4th Street DESCRIPTION: Request for abandonment of a forty (40) foot wide right-of-way known as Southeast 1 st A venue between Federal Highway and Southeast 4th Street in connection with the proposed Arches development. Abandonment - Allev 2. PROJECT: Arches (Alley) (ABAN 05-005) - 8848 AGENT: Bonnie Miskel, Esq., Kim Glas-Castro, AICP Ruden McClosky OWNER: Boynton Ventures I, LLC LOCATION: Southeast comer of the intersection of Ocean A venue and SE 4th Street 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. 8790 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. Annette Shares X:\CRA Agenda\CRA Agendas 2005\CRA Agenda (con't meeting) Aug 30, 2005.doc DESCRIPTION: Request for abandonment of a portion of an alley (Southeast 1st Place), located immediately east of SE 4th street, in connection with the proposed Arches development. Abandoment - Sidewalk 3. PROJECT: Arches (Sidewalk) (ABAN 05-006) - 8859 AGENT: Bonnie Miskel, Esq., Kim Glas-Castro, AICP Ruden McClosky OWNER: Boynton Ventures L LLC LOCATION: Southwest comer of Ocean A venue and Federal Highway DESCRIPTION: Request for abandonment of a portion of rights-of- way that abut the Arches at Boynton Beach along SE 2nd Avenue, SE 4th Street, Ocean Avenue and Federal Highway and that are improved for public sidewalks. VII. Pulled Consent Agenda Items VIII. Old Business IX. New Business A. Consideration of Interlocal Agreement for the Old High School Adaptive Re- use. -8872 B. Consideration of Interlocal Agreement of the Boynton Beach Promenade Project Extension. - 8760 C. Consideration of 4th Street Project Upgrades. - 8771 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. 8791 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. Annette Shares X:\CRA Agenda\CRA Agendas 2005\CRA Agenda (con't meeting) Aug 30, 2005.doc D. Consideration of The Promenade Direct Incentive Agreement Extension Request. - 8774 X. Board Member Comments XI. Director's Report - 8778 XI. Legal XII. Other Items XIII. Future Agenda Items A. Workshop Meetings to be held on the following dates: 1. Thursday, September 22nd at 6:30 p.m. Suite 107 · Consideration of Human Resource Policy Recommendations · Consideration of CRA 20/30 Plan, Design Guidelines & CRA Land Development Regulations (LDR) 2. Thursday, November 17th at 6:30 p.m. Suite 107 · Consideration of the Feasibility of an Attraction Complex B. Future Project Preview - September 15, 2005 1. In-Town Development Group - Samantha Simon (Invited) 2. Ocean Breeze Townhomes - Larry Finkelstein (Invited) 3. HOB Self-Assembly Group - Frank Chirkinian (Invited) XIV. Adjournment I. Agenda Workshop A. Consideration of the CRA 2005/2006 Budget II. 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. 8792 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. Annette Shares X:\CRA Agenda\CRA Agendas 2005\CRA Agenda (con't meeting) Aug 30, 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. CRA staff members offer their comments and recommendations (The CRA generally limits CRA staff presentations to 15 minutes). 8. The Applicant presents its case, including acceptance or objection to proposed conditions of approval. (The CRA generally limits applicant presentations to 15 minutes). 9. Intervenors present their cases, examine previous witnesses. presentations to 15 minutes). offer their facts and opinions, and cross- (The CRA generally limits intervenors 10. Members of the public offer their facts and/or opinions. (The CRA generally limits public presentations to 3 minutes). 11. Intervenor rebuttal/final comments. (The CRA generally limits intervenor rebuttal presentations to 3 minutes). 12. Applicant rebuttal/final comments. (The CRA generally limits applicant rebuttal presentations to 5 minutes). 13. Staff rebuttal/final comments. (The CRA generally limits staff rebuttal presentations to 5 minutes). 14. CRA questions and deliberation / decisions. , The gUidelines represent a generalized procedure for conducting quasi-judicial hearings and are subject to modifIcation on a case-by-case basIs. The controlling princIpal IS that all interested parties have the opportunity 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 daims to have a direct and persona! Interest in the pendmg matter and who wants to have the same legal rights and responsibilities to partIcipate In the publiC heanng as the actual parties have_ For example. an Intervenor may also question 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 pOSSible cross-examination by the parties 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 briefly on his or her own behalf, either to present facts or to state opinions. but cannot question witnesses, present witnesses, and so forth It should 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 administrative proceedmg AlSO, being an intervenor here may not even be a prerequisite 10 fihng a challenge or appeal of the final deCISion dependmg upon what state laws or court rules require Nicole's Shares ZILegaIlQuASI-JUDICIAL PROCEDURES 15 Mrn Max 8_05 doc 8793 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. rhe CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the eRA. Please contact Douglas Hutchinson at 561-73 7-3256 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, AUGUST 9,2005 at 6:30 P.M. Present: Henderson Tillman, Vice Chairperson Alexander DeMarco Don Fenton Marie Horenburger Steve Myott Doug Hutchinson, CRA Director Ken Spillias, Board Attorney Absent Jeanne Heavilin, Chairperson James Barretta I. Call to Order Vice Chair Tillman called the meeting to order at 6:30 p.m. and served as Chair in the absence of Chair Heavilin. II. Roll Call The Recording Secretary called the rdll and declared that a quorum was present. III. Agenda Approval A. Additions, Deletions, Corrections to the Agenda None B. Adoption of Agenda Motion Mr. DeMarco moved to adopt the agenda. Mr. Fenton seconded the motion that passed 5-0. IV. Consent Agenda A. Approval of Minutes - July 12, 2005 Meeting B. Financial Report - June 30, 2005** C. Consideration of Florida Employer Solutions Agreement to Perform a Human Resources Study** D. Authorization for Utility Easement of the Northern Portion of CRA Property for Boynton Beach Boulevard Extension Project** 8794 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 9, 2005 E. Consideration of TUG's Supplement to Task Authorization CRA03-02 for Continued Real Estate Acquisition Services in the Heart of Boynton** **These items were pulled for discussion. Mr. Hutchinson suggested reordering the Public Hearing items to put the Arches project first in deference to the large number of participants in the audience for that project. Motion Ms. Horenburger moved to reorder the agenda to allow the Arches project to be heard first. Mr. DeMarco seconded the motion for purposes of discussion. The board members in opposition to this believed that there were equal numbers of participants in the audience for the Uptown Lofts and the Arches projects. The motion failed 2-3, Vice Chair Tillman, Mr. Myott and Mr. Fenton dissenting. Motion Ms. Horenburger moved to approve the Consent Agenda as amended. Mr. Myott seconded the motion that passed 5-0. V. Public Audience Attorney Spillias reviewed the quasi-judicial board procedures. In response to the board's request, Attorney Spillias revised the procedure to include an item allowing the CRA staff members to offer their comments and recommendations. The revised procedure was distributed to the board members at the meeting. VI. Public Hearing Attorney Spillias swore in all persons who would be speaking during the public hearing. A. Abandonment 1. Project: Uptown Lofts @ Boynton Place (Gulfstream Lumber) (ABAN 05-003) James Vitter, Kimley-Horn Associates, Inc. Gulfstream Lumber Northwest corner of Woolbright Road and Federal Highway Request for Abandonment of a portion of a 50-foot right-of-way (SE 3rd Street, formerly known as Alden Street) Agent: Owner: Location: Descri ption: With the board's consent, the abandonment and the new site plan request were presented simultaneously. Mike Rumpf, Planning & Zoning Director, affirmed the portion of S.E. 3rd Street to be vacated no longer served a public purpose. The remaining portion of the roadway will be configured to provide access to the proposed development. The developer will proVide a bump out on his property to facilitate the current resident's back out maneuvers. Staff recommended approval of the abandonment. 8795 2 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 9,2005 New Site Plan 2. Project: Uptown Lofts @ Boynton Place (Gulfstream Lumber) (NWSP 05-021) James Vitter, Kimley-Horn Associates, Inc. Gulfstream Lumber Northwest corner of Woolbright Road and Federal Highway Request site plan approval to construct a mixed-use development consisting of 43,361 square feet of retail, 474 multi-family dwelling units, and 20 townhouse units, on a 14.58-acre parcel in the Mixed Use-Low zoning district Agent: Owner: Location: Description: Eric Johnson, Planner, summarized the staff report. The intent is to raze the existing structures at the former Gulfstream Lumber Company on the corner of Woolbright Road and Federal Highway and replace them with a mix of retail and residential uses: two 5-story apartment buildings, a 3- story mixed-use building, and three 3-story townhouse buildings. The eastern third of the development would be comprised of the mixed-use buildings: commercial below and loft units above. The central third would be comprised of the townhouse buildings and the western third the apartment towers. Mr. Johnson stated that staff recommended approval of this project, contingent on approval of the associated abandonment. Vivian Brooks, CRA Planning Director, noted that the project had been reviewed and found to be consistent with the Federal Highway Corridor Plan. They also believe that the project exemplifies the spirit of what the CRA is trying to do in the area. There are two critical intersections in the CRA area: Ocean Avenue and Woolbright Road, and this project is one that would elevate the area to match the CRA's plans. CRA staff recommended approval with conditions. Mr. Myott expressed concern for how people would know where to park with the mixed retail and residential uses. Mr. Johnson responded that a signage program would be developed to address this in the near future. Mr. Myott expressed disappointment with the quality of the presentation materials given to the board members for a major project that would have an enormous impact on the City. The board and the public deserved and needed an easy-to-understand representation of the proposed project to see what was being proposed. He expressed further disappointment that the project architect was not in attendance to guide people through the project. M. Myott directed his comments to Planning & Zoning staff and the Arches project representatives as well. In other towns where he had observed large-scale development presentations, he had seen 3-D computer renderings that made the process of understanding the project much easier for the board members, commissioners, and residents, who were not all architects. He wanted to see developers for such large projects come before the board with first-class presentations including PowerPoint presentations and animation. Vice Chair Tillman, Ms. Horenburger, Mr. Fenton and others agreed with Mr. Myott's observations. Ms. Horenburger wanted to get a better idea of what the project would look like. The presentation provided made her wonder whether the project would actually be done or whether it would be flipped after approval to allow someone else to do it. She wanted to hear from the owner or his representative in addition to the Engineering firm. 8796 3 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 9,2005 Mr. Fenton was concerned about whether a fire truck could get around in the proposed site, and was assured that it could with the off-site improvements proposed by Engineering. Mr. DeMarco expressed concern about the safety of the people in the residential units. Ben Campbell, Kimley Horn, 601 21st Street, Vero Beach, representing Epoch Properties, explained that the residential units and residential parking would have cardlkey access and would not be open to the public. Mr. Campbell responded that they had provided several rounds of renderings for the project and had met with City staff on more than one occasion to discuss the architectural elements of the project and all the renderings that were included with their application. It was his understanding that what they were showing was what the approval would be contingent upon. Animation was possible and could be done with time and money, but they understood that what they were proposing was more than what was expected. Mr. Myott said it was not more than expected and the presentation was the dead minimum for what was required. While he was disappointed with the presentation materials provided, from an elevation standpoint it appeared to be a good-looking project. Kyle Riva, President of Epoch Properties, 359 Carolina Avenue, Winter Park, FI appeared to answer questions about the project. Mr. Riva apologized for the presentation's shortcomings and offered to show a PowerPoint presentation of many of the project's colored elevations. The board expressed a desire to see the presentation. With one exception, staff had not seen this presentation. Handout copies of the PowerPoint presentation were given to the board and circulated through the audience. The temporary project name is Las Ventanas of Boynton Beach. An overhead view of the entire Gulfstream property outlined in red was displayed. All of the residential units in the project are rentals in a range of $1,300 - $3,000 per month. The parking decks for the two residential buildings were displayed. The parking deck is one level and totally open to the public on grade level, so people coming to the retail can park and walk. Access to the top level is restricted and the residents would use catwalks from their parking area to their residential units. There is street- level parking throughout the complex as well. Mr. DeMarco was concerned about the colors proposed for the building. Mr. Riva stated that the colors were intended to be Mediterranean in type and the colors would have to be approved before proceeding. Mr. DeMarco asked Mr. Rumpf whether the recent adoption of a color code applied to this project. Mr. Rumpf responded that the color code was still in process and had not yet received Commission review. Mr. Myott asked if there were any plans for commuter rail access for the rental towers adjacent to the tracks. Mr. Riva responded that they had not considered this at this point. Mr. Myott expressed appreciation for the PowerPoint presentation, which was a big help in understanding the project. Mr. Myott asked Mr. Hutchinson how this project fit in to the affordable housing issue. Mr. Hutchinson did not think that $1,300 per month would be considered affordable housing. The CRA is considering several projects and programs concerning affordable housing, but this project did not come in for incentives. 8797 4 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 9, 2005 Mr. Myott noted that some of the details shown in the presentation were rather schematic and asked whether they would be presented in detail in the final construction plans and Mr. Riva responded in the affirmative. Mr. Myott asked Mr. Riva to be certain that the CRA Planner and the Planning & Zoning staff are made aware of the element details. Mr. DeMarco reiterated his concern about security for the residents. Mr. Riva responded that the individual units would have alarm systems. The alarms would not be monitored but could be if the individual renters so desired. They go from their units to the cardlkey restricted access top two levels of the parking garages. Mr. DeMarco asked if there would be on-site security. Mr. Riva remarked that they were managing about 8,500 units across the country at present and had yet to determine a need for 24-hour security. Mr. Hutchinson expressed appreciation to the developers for their efforts to bring a project forward that would enhance the CRA area. I/Ice ChairTtllman opened the floor to the public to speak and closed it when no one came forward to do so. There were no further questions from the board. Motion Ms. Horenburger moved to approve request for abandonment of a portion of a 50-foot right-of-way (SE 3rd Street formerly known as Alden Street). Mr. Myott seconded the motion that passed unanimously. Motion Ms. Horenburger moved to approve request for site plan approval (Uptown Lofts @ Boynton Place) to construct a mixed-use development consisting of 43,361 square feet of retail, 474 multi-family dwelling units, and 20 townhouse units, on a 14.58-acre parcel in the Mixed Use-Low zoning district, subject to all conditions of approval. Mr. Fenton seconded the motion that passed 5-0. B. Major Site Plan MOdification Attorney Spillias swore in the people w~arrived after the first swearing in. 1. Project: Agent: Arches (MSPM 05-008) Bonnie );fu;kel, Esq., Kim Glas-Castro, AICP, Ruden McClosky Boynton Ventures I, LLC Southwest corner of Ocean Avenue and Federal Highway 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 :f:468 acres in the Mixed Use-High (MU-H) zoning district Owner: Location: Description: 8798 5 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 9, 2005 Height Exception Description: Arches (HTEX 05-006) Bonnie Miskel, Esq., Kim Glas-Castro, AICP, Ruden McClosky Boynton Ventures, I, LLC Southwest corner of Ocean Avenue and Federal Highway 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 shafts and stair towers to be 167 feet in height, a distance of 17 feet above the iSO-foot maximum height allowed in the Mixed Use-High (MU-H) zoning district. 2. Project: Agent: Owner: Location: Attorney Spillias addressed the board concerning the existing direct incentive grant agreement entered into with the principals for the Arches project at the time the project was originally approved. The agreement is tied to the site plan and any modifications to it. Conversations were held with staff and the developer to determine what impact, if any, this site plan modification has on the existing direct incentive grant agreement. A disagreement exists between the developer's attorneys and staff in this area. The legal issue centers on Section 4 of the direct incentive grant agreement provision called "Developer's Construction of the Project." It reads: "Developer agrees to construct the project as descrIbed in the site plan and to maintain the public parking and other public areas as set out therein. The site plan may be modified from time to time by the developer in accordance with and pursuant to the code of ordinances of the City of Boynton Beach, provIded however, that the developer shall not have the right to substantially reduce the number of resIdential units, the amount of commercial square footage, the size of the public improvements, the number of commercial or public parking spaces or any other change which would substantially reduce the taxable value of the project without the prior approval of the eRA. " Substantially as used in this section means any change that would trigger a major site plan modification. When the CRA staff reviewed the requested site plan modification, they took the position that the changes did substantially reduce square footages for the commercial area and that the proposed changes do trigger a major site plan modification. CRA staff's view is that this would constitute a violation of the agreement and call for having the developer go back through the scoring process and enter into an amended agreement. Attorney Spillias pointed out that the current agreement calls for potential incentives of $SM, $2M of which is to be paid up front. Counsel for the Arches maintains that the changes are not substantial because the value of the project, if the site plan modifications are approved, will go up rather than down. They feel that this should allow the incentive agreement to remain in place as is. Another potential argument in favor of that position would be that this board's approval of the site plan modifications would be approval of the changes as set out in section 4 and therefore, the incentive agreement would remain in place as it exists. Attorney Spillias thought that the better argument and more reasonable interpretation was that the intent of the board was for the incentives to be tied together with the site plan that was approved and any major changes to the site plan would call for a rescoring. He could not guarantee that if this went to litigation, a judge would agree. Attorney Spillias outlined the options. He announced that he had not spoken to any of the board members about this and had no idea how the board was thinking. 6 8799 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 9,2005 Options: 1) 2) 3) 4) 5) 6) Recommend approval of site plan modifications and keep current incentive agreement intact (no legal impact) Recommend approval of site plan modifications but require rescoring of the current incentive agreement (may have to defend against a claim that site plan approval automatically grants approval of existing incentive agreement) Recommend denial of site plan modifications based on land use, zoning code criteria not tied to incentive agreement (no legal impact to incentive grant because this would not trigger section 4) Recommend denial of site plan modification based on desire not to risk automatically approving the incentive agreement going forward (may trigger section 4) If the City Commission approves the modification of the land use over the CRA's objections, there is no issue (could require developer to go through rescoring process) If the City denies the site plan modifications based at least in part on the CRA's recommendation of denial, and the CRA's denial recommendation indicates it was based on the incentive grant agreement, the issue would be raised as to whether or not the CRA applied appropriate land use criteria to the decision and whether or not the CRA would be permitted to consider the incentive grant approval or denial as part of its decision. He realized this was all somewhat complicated and suggested that when the board made its decision, it should be based on land use criteria. After the public hearing, if the board were concerned about getting into a legal quagmire over this, it could forward the item to the City Commission with no recommendation one way or another. This would leave the issue of the site plan approval with the City Commission but the CRA would clearly not have approved the site plan and no argument could be made that the CRA approved the extension of the incentive grant to this particular site plan. Vice Chair Tillman heard that the board had to make it clear whether or not its decision on the site plan modification did or did not include the original incentives. Attorney Spillias said the board was not being specifically asked to rule on the incentive agreement at this meeting. As it was presented to Attorney Spillias, the developer's attorney believes that the incentive agreement did not belong on tonight's agenda because the changes would not trigger section 4 in any event. Therefore, the board could approve the site plan modifications and the City could approve it and they would be entitled to the grant funds. CRA staff does not agree with that position. The issue he had not had time to research was that when there is an incentive agreement that is not a land use document but is tied to the site plan, was whether it was legal and appropriate for the CRA to consider the impact on the incentive agreement when it considers the site plan approval. Ms. Horenburger had met with the CRA Director the day before this meeting and this was not mentioned. She was concerned about that. She confirmed what she had heard in section 4, that a major site plan modification that would affect the taxable value of the property would trigger a rescoring. She inquired what the date of the original agreement was, and Attorney Spillias responded that it was dated and signed on November 19, 2003. Ms. Horenburger was confident that property values had increased significantly in the last two years and that the suggested improvements would not reduce the taxable value of the property. In response to what constituted a major change to a site plan, Michael Rumpf, Planning & Zoning Director, stated that the most objective and quantifiable criterion was an increase in buildable square footage up to 5%. Another criterion would be a change in the site plan whereby it did not 7 8800 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 9, 2005 resemble the prior site plan. Another would be that the project required a variance in conjunction with the change or was deficient in regard to the regulations. Since this developer went through the major site plan modification process and given the changes, they did not need to review it for these criteria. Ms. Horenburger stated this project had acquired additional property since that agreement, so the taxable value was obviously greater than it was in 2003. Attorney Spillias re-read section 4 of the incentive grant agreement. He was not the attorney for the board when this agreement was established and did not know what the intent of the board was at the time the agreement was made. Mr. Hutchinson explained that the board members had asked to hear both sides of the issue. Ms. Horenburger asked which board members had asked for this, and Mr. Hutchinson responded: Vice Chair Tillman, Mr. Barretta, and Mr. Myott. They had asked Mr. Hutchinson to look into the standing of the incentive grant agreement. That had been done and it was now in the board's hands. It may become a moot point. The board may decide to go ahead with the project and at some future time might wish to put the incentive agreement on the agenda for discussion. Mr. Myott asked Attorney Spillias if it would be an option to have the attorneys work this out before the board had to make a decision. Attorney Spillias said this would depend on the developer's timeframes and finding the time to negotiate. It also hinged on the intent of the board and the intent of the developer upon entering into the agreement. It would have to be discerned from the documentation. He would sit down with the developer's attorneys if requested to do so. Vice Chair Tillman said the board had a project in front of them. He believed that the incentive agreement issue could come after the board's decision. At the end of the discussion, if the board wished to tie in the incentive agreement and the intent of the parties, it could do so. Mr. Myott asked if they could feel free to bring up these options during the discussion on the project. Attorney Spillias suggested that the incentive agreement was about providing funding and was, to some extent, a separate issue from that of determining whether or not the site plan changes are appropriate for this project and this location. He suggested that this discussion be left to the end. Ms. Horenburger suggested that she did not believe this needed to be worked out between the attorneys. They had already stated they disagreed. The Board had to decide this and the decision, based on her understanding of what was read, was whether the site plan modification, major or minor, reduces the taxable value of the property. She submitted the idea that with additional land attachment, the taxable value would definitely not be reduced. Eric Johnson, Planner, explained that this project had originally been approved in 2003 for a new site plan. Since then, the owner had acquired additional property. The property is in the study area of the Federal Highway Corridor Redevelopment Plan and as such, is eligible for Mixed Use-High zoning and Mixed Use-Core land use. The newly acquired property has a classification of Mixed Use, so a Land Use Amendment and Rezoning needs to take place. At a subsequent meeting there will be three requests for abandonment and one request for a land use amendment and rezoning. The commercial square footage has decreased overall by 14,568 square feet. The applicant did not bring forth a plan that itemizes office or restaurant uses. This can be addressed at a later time if the applicant wishes to convert commercial to those other uses. Right now, they were presenting a plan that shows 487,596 sq. ft. of retail and 378 one and two-bedroom units. 8 8801 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 9,2005 Mr. Johnson displayed a drawing of the site and pointed to an alley that had been abandoned at the time of the original site plan approval. The applicant will be requesting that a right-of-way be abandoned. There are sidewalks that the applicant desires to be abandoned. Staff does not support the abandonment of the sidewalks but will support abandonment of the right-of-way and of the alley. Staff reviewed the project for traffic concurrency and the Palm Beach Traffic Division determined that the project meets the Traffic Performance Standards of Palm Beach County. City Utilities staff determined there would be enough potable water and sanitary sewer service to accommodate the proposed uses. The drainage plan was reviewed initially with a more thorough review to follow during the permitting process. The School District determined that adequate capacity exists to accommodate the new residents. The project now takes up two full blocks. The main entrance point is off Federal Highway with alternate entrances off S.E. 4th Street and S.E. 2nd Avenue. All lead to an interior courtyard. There is a three-story retail building and residential towers that are fifteen stories tall. There is also an internal five-story parking garage facing S.E. 4th Street. The project requires 753 parking spaces and the plans provide 777 parking spaces. This does not include the parallel spaces on Ocean Avenue or on S.E. 2nd Avenue. The MU-H zoning district requires 15% pervious area and the plans provide above and beyond that. Staff noted that at the time of permitting the developer has to provide 5% natives in the landscaping of the project. The trees would be spaced at one per twenty feet. One of the fifteen-story towers has an elevator, stairwell and some decorative elements that exceeds the allowed 150 feet threshold, so the request is before the board for a 17 foot height exception, dependent upon this space remaining uninhabitable. Staff understood that the applicant agrees with all 77 conditions of approval. Vivian Brooks, CRA Planning Director, reviewed the project for consistency with the Federal Highway Corridor Plan and Ocean District Plan and made recommendations to improve the pedestrian area of the project. This was the major intersection of the City/CRA. She recommended approval with the listed conditions and recommendations. Mr. Fenton asked about the CRA item #76. He saw a water element in the northeast corner on the developer's drawing. Ms. Brooks stated CRA staff was looking for additional features of architectural significance on all corners of the project, to relieve the long, massive buildings, especially on the intersections. Ms. Horenburger asked about condition #69 calling for a reduction in the size of the public plaza and Ocean and Federal Highway. She had met with the applicant and spoken about some of these issues. The other condition she questioned was the condition to have a staging area in front of the fountain that would accommodate live music and entertainment. One condition asks for a reduction in the size of the public area and the other asks for the addition of a staging area. When Ms. Horenburger asked the developer about this comment, they stated they were designing it so that there could be staging and that the fountain itself would actually accommodate a stage for live music and entertainment rather than designating a space that would be rarely used for that. Ms. Horenburger agreed with having a feature on each corner of the property such as architectural, landscaping, and lighting, but did not feel that a water feature on each corner was appropriate. Attorney Bonnie Miskel, a land use attorney with Ruden McMcClosky appeared on behalf of the developer. She thanked CRA and City staff for the extraordinary efforts they had 9 8802 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 9, 2005 made to bring this project before the board and for their assistance and cooperation throughout this and the original process. They also thanked Mr. Spillias for the time he had spent on evaluating the legal issues. Ms. Miskel commented on Mr. Johnson's statement that the applicant agreed with all the conditions. Although they agreed with all City staff conditions, they did have some problems with some of the CRA staff conditions and would address them after their presentation. When Ms. Miskel asked to bring up an associate to address the incentive agreement issue Vice Chair Tillman expressed a preference to continue with the project presentation and discuss the incentive agreement at the end, if necessary. Ms. Miskel introduced the project team starting with her client, Ryan Weisfisch of Maxwelle Realty, who brought the project to the City originally. She then introduced Howard Hirsch, architect with Hirsch Associates, and Erez Bar-Nur of Bradshaw & Associates, the landscape architect. The new site plan has placed all of the retail space on the thoroughfare frontages of Federal Highway, Ocean Avenue and S.E. 4th Street and Ms. Miskel highlighted this as one of the major improvements of the new plan. The previous plan located 30% of the retail interior to the project. The original plan had trash locations on Ocean Avenue and no trash removal for Block 2 and this was now moved off Ocean Avenue at a more conveniently located trash removal site on the other side. For 40,200 sq. ft. of retail, they were now offering 202 parking spaces. The original plan for 56,000 sq. ft. had 167 spaces. The parking garage was seven stories and it was now down to five stories. The ground level was only for 42 spaces in the original plan and they were now offering 127 spaces. The traffic pattern was also greatly improved. They did not agree with reducing the size of the public plaza and, in fact, had tripled it and added extensive landscaping. The water features they originally intended had been expanded to an lS-foot by lS-foot fountain, a significant water feature. Their amenity deck is now twice the size of the one in the original plan. They had added 102 residential units and were expecting the prices to be in the neighborhood of $200K to $600K per unit. With the additional 102 units, there would be an increase in value of nearly $40M and they believe that would be a significant improvement that would give greater value to the CRA and the community. Howard Hirsch, President and Owner of Hirsch Associates LLC, an architectural and planning firm located in Chicago, Illinois explained the history of his firm and their other projects. Most of their projects are residential in nature or multi-use developments in urban settings known as infill developments. Mr. Hirsch showed a presentation depicting numerous projects including ones in the West Loop area of Chicago and Phoenix, Arizona. Each has a very strong presence along the street and contains a mixed-use program of retail, parking and residential that is integrated into the project. Their most current Florida project is a condominium in Long Boat Key that was about to begin construction of 14 very high-end units on the Intracoastal complete with boat slips. These units will sell for $1.5M and up. Mr. Hirsch presented a PowerPoint program about the site plan for the Arches project. The buildings are L-shaped around a central courtyard. The L-shaped buildings have a taller east/west component of fifteen stories and a north/south component of four stories. The four- lO 8803 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 9,2005 story component is pulled out to the street and becomes the scale that Boynton Beach is looking for on Federal Highway and contains retail on the ground floor with residential units above. The fifteen story buildings have been pulled back from the fa<;ade, creating very interesting and set back corners at S.E. 2nd Avenue and at the plaza on Ocean Avenue. The corners have been designed to have glass canopies. The setback and the vertical nature of that really brings the special prominence to the corners that staff was desirous of seeing. There is a tall, two-story element on the corner at S.E. 4th Street that makes a transition around the corner. In the center of Federal there is access by automobile to a landscaped courtyard in the center. That courtyard is the entrance and access to the residential towers. The lobbies are located off that interior courtyard as opposed to off of the streets around the perimeter, allowing for more retail and a more coherent look to the plaza and street frontage. There is a one-way traffic flow in the courtyard that has very convenient parking for visitors and protected access points for each of the residential buildings, as well as access into the parking structure that is located along S.E. 4th Street. There is also access to the parking structure off of 4th and access off of 2nd Street, so that people who are coming to shop or dine do not have to go through the plaza although they can. The signature plaza on the corner has been designed as a series of courtyards defined by trees and plantings and a type of activity zones. This allows more defined zones for outdoor dining for potential restaurants or outdoor retail sales. There are some smaller and more comfortable interior zones that can be used for small gatherings, seating, activities, and significantly more green space along Ocean Avenue as well. The fountain has been moved to a third zone that provides a strong focus point for the entire corner. There is seating around it and this is the point at which there can be a stage and activities if desired. The trees have been planted in raised planters that provide seating areas for people so that it has become a more active plaza. Mr. Hirsch showed slides of the upper stories, stating that the first major change starts on the fifth floor where the L-shaped portion of the building along Federal drops off, which gives some large rooftop areas that can be used as a kind of amenity. There were some large terraces or decks for the units on those corners. One slide depicted the sixth floor rooftop amenity deck that goes over the entire parking structure. The amenity deck has been designed to provide a swimming pool, cabanas, a shaded rooftop element, exercise and meeting rooms in each of the buildings that will have access to gathering areas. This is a place for the residents only so there would be no increase in traffic because of it. This was one of the key selling points of their entire project. The seventh through the 15th floors are typical tower elements. Each of the corners is treated with glass elements with recessed balconies providing shadow and a sense of scale. There is no "back" to the buildings, having all been treated equally. In reference to the height exception, the main roof is within the 150 feet allowable height for this district. The elevator and stair towers are the only elements that exceed the height limitations. The elevator and stairslpenthouselaccess to the roof are understandable. The ones on the corners, though, are the result of an effort to create some more variation to the rooftop, to provide a stronger vertical element and to provide a special element at each of the transition points and building entrances. The amount of total space for these decorative elements that exceed the height limitations is quite small in relation to the total amount of area of the project. Mr. Hirsch showed the Federal Highway four-story elevations. There are fabric awnings, all-glass storefronts, and a very open and inviting frontage that would draw visitors to shop at the stores and create the activity the eRA wants to see. Up above, there are three stories of residential with recessed balconies and punched windows in order to create a variation in types of windows and fenestration. At the top of the element there is a strong, cantilevered roofline that creates a shadow that creates a strong top for the building. 11 8804 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 9, 200S Mr. Myott asked if the glass railings were frameless or with metal caps. Mr. Hirsch responded that the railings had metal caps. Mr. Myott asked what the finish of the walls would be. Mr. Hirsch responded that they would be a post tension concrete block building with a stucco finish. Mr. Hirsch introduced Erez Bar-Nur, the landscape architect from Bradshaw & Associates in Lauderdale-by-the-Sea, Florida, who gave a very detailed, informative PowerPoint presentation on the landscaping for the site. His firm specializes in "Place Making," where they design gathering spaces for the enjoyment of all people. They strive for a powerful project image with planting, water, lighting, and landscape features. He showed images of past projects including CityPlace in West Palm Beach, the entryways for Olympia and Buena Vida in Wellington, and a water garden in downtown Ft. Lauderdale. Mr. Bar-Nur went on to describe the various site character details including landscaping, lighting, and so on for the Arches. The board thanked him for a very informative, professional presentation. Bonnie Miskel affirmed that the applicant had no objection to the conditions of approval through and including item #6S. Condition #69 to reduce the size of the plaza was a surprise. They believe the proposed plaza is more versatile and because of its size, enables more activities. Ms. Miskel added that one of the most significant improvements to the current project over the old one is the addition of three more parcels to make it two entire blocks. The applicant also took exception to Condition #70. They had provided an is-foot fountain as a significant feature, although it was not interactive. Regarding Condition #72, there was a point of clarification. The minimum size of the planter/benches was specified to be 6 x 6 x 30, and the applicant recommends a height of 24 inches as being more conducive to comfortable seating than 30 inch. The original plan did not provide for any retail uses on S.E. 4th Street and none were provided in this plan. Ms. Miskel commented that they had spent a lot of time evaluating the market and looking at what made sense and where the commercial frontage should be. They had located it in the right locations. Condition #75 is not indicative of market, and in the original meetings, this is what they were told to do. Regarding Condition #76 and the water features, the design provides for features at every street corner and had expanded the water feature from the original plan. They were landscaping and architectural features, but they felt they had provided features that would draw the eye. The concern they had about water features, especially on S.E. 4th Street and the thoroughfares not as heavily traveled, is that they may end up being attractions for vagrants, loiterers, and the homeless, possibly even being used as restroom facilities. Mr. Myott asked about Condition #43 regarding the sidewalk abandonment that has a major impact on density and related matters. Ms. Miskel said that this was on the CRA's next agenda and not before them today. If not approved, the applicant recognizes that they would be required to reduce units. Although it may seem extraordinary to the City, it is done regularly in other cities. You are allowed to provide a sidewalk by easement versus dedication and this is what they were proposing to do. Regarding Condition #75, CRA staff recommended that the frontages have active uses such as office or retail or, if approved without the condition, garage openings at all levels of S.E. 4th Street should have metal trellises with bougainvillea or equivalent species. The applicant did not object to the latter. They did not consent to changing the uses on S.E. 4th Street, but were willing to convert to trellises on S.E. 4th Street if the board wishes. ]2 8805 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 9, 2005 Ms. Miskel summed up with the request the board consider approval with recognition of their objections to the listed conditions. Vice Chair Tillman opened the floor to the public. David Zimet, Boynton Beach Faith Based CDC, referred to the legal discussion about the incentive agreement and potential rescoring. If the developer is rescored, he asked that the CRA give consideration to affordable housing. Mayor Jerry Taylor, 1086 S.W. 26th Avenue, Boynton Beach, complimented the board for the work and effort they were putting in to get a downtown for this community. He believes the board is doing outstanding work and asking the right questions. He thanked them for that. Mayor Taylor's interest in the site went way back to when there was a little biker bar on the corner, which later became The Dolphin Restaurant. Then the original Arches project was presented on a much smaller footprint than the project now before the board. The current developer did what was necessary to purchase the additional property to give the City a much nicer project for the downtown, including the lovely amenities. He liked the water fountain very much and commented that the City was working on having an interactive fountain elsewhere. He felt that water features on all four corners would be "overkill." He suggested to the developer that they consider the type of fountain that is capable of different colors of water, which was beautiful. People would sit for hours and watch that and the idea was to bring people downtown. He liked the large size of the plaza because it would give people room to circulate. The parking is increased considerably and the whole layout is more significant than the original plan. Mayor Taylor felt the City should regulate the color of such things as awnings in the City's residences, but not in the commercial/marketing arena. If the original project, which had a worse layout, an 8-story garage, and less area for people to walk around in was worthy of the incentives, then the present project with its layout, 5-story garage, and large public areas would certainly be entitled to the incentives. He felt it was responsible of the board to ask about the incentives, but after hearing what the City would be getting, the only conclusion could be that this project was more than worthy of the incentives. The City had waited a long time and it was time to act, time to make this happen. He encouraged the board to approve the project, get it done, and give it to the community. Harvey Oyer, 512 N. Sea crest Boulevard, Boynton Beach, owner of the property across the street from the proposed project, declared he was a member of a group that opposed this project originally and filed suit to get a declaratory judgment. The legal issue is not settled. The people in the community voted in 1982 for a 45-foot height limitation. This was either the second or third referendum to establish such a limitation. It was done after the then City Attorney Raymond Ray wrote to the then Attorney General Bob Butterworth, who ruled or gave the opinion that the legislature, in setting up a Home Rule Law, overrode previous legislation. Then the people voted again. There has been a precedent in Volusia County, Ponce Inlet District, where the Court upheld the validity of a referendum over the actions of a city council. He thought the developer was being left open to future litigation. A few years back, a group of over a hundred people had a planning session and the city adopted a plan where along Ocean Avenue it was to be more of a historic district, multi-use, with low height limits. The City put in new sidewalks, cut down the park to make it pedestrian friendly, and another political group came along and did away with it. They did not elect to go into the administrative court to see if the City had violated an administrative code, but he suggested the courts in the past had upheld referendums over ordinances. He thinks the City has made a mistake and that the City should have gone to the court and asked for a declaratory judgment instead of taking the position that people don't fight city hall. In summation, "the Methodist Church owned the subject corner when U.S. #1 was a two-lane road. The traffic in 1925 and 1926 was too great to hold church services 13 8806 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 9, 2005 there so they sold the property. A group came in to put in a seven-story hotel. The Florida land boom busted, they did not pay the rest of the money, and the court ruled the steel in it belonged to the seller because he had not been paid. The Japanese bought it and shot it back at us in World War II. The banks busted." He felt this project was a mistake and damaging to the City from an economic and a legal standpoint. Brian Edwards, 629 Northeast 9th Avenue, Boynton Beach, offered his opinion that "things had changed." He supported this project before and supported it now. The project had grown and improved and he hoped the incentives issue would not hold the CRA back from a unanimous vote of approval. He felt the precedent was already set on height. This project complements what is already happening downtown and will draw interest to further that. He hoped that as the CRA moved forward with this type of project, some of the other issues would not be lost such as the Children's Museum, the new Library, and the Old High School improvements. Commissioner Bob Ensler, 26 Woods Lane, Boynton Beach, expressed disappointment about the way the incentive agreement issue came to light at the last minute. He thought this was like throwing in a "red herring" and that this issue should have been researched and decided a long time ago. He strongly disagreed with the interpretation of a simple statement that says that the incentive is tied to the value of the property. To come before the CRA and the Commission at this late date without all the research having been done was wrong, in his opinion. Mr. Myott asked what he thought the incentive was tied to. Commissioner Ensler said it was tied to the taxable value. The intent, as he understood it, was that if you give "X" number of dollars, you expect a certain amount of revenue in exchange for that. The concern was not to let anything happen that would affect that revenue. He did not see how it could be read any differently. Mr. Fenton did not see the relevance to a discussion of the incentive agreement. The developer enhanced the value of the property and the CRA will realize more T.I.F. income from it. Creating affordable housing in this project would raise other issues. He was concerned about Condition #43 regarding the sidewalk abandonment request. The answer was that approval of the project would be contingent upon this condition and the request would be submitted at the August 30, 2005 meeting. Mr. Myott said that time changed things. Regarding the discussion on affordable units, that discussion would not have taken place in 2003 when the project was first submitted. You could still buy a condo unit for $150K or less. Two years later, there's been a big increase in the cost of housing. He was in favor of rescoring the project. He wanted to make sure that Planning staff receives more details on the construction such as samples of wall construction, finishes, the railing, the window, and a mock-up of what the building is going to look like. Even though the renderings are better, they still do not go far enough. Mr. DeMarco looked at the project in terms of the big picture and was comfortable with what he had heard in the presentation. He congratulated Planning staff for doing a great job. He felt that any discrepancies could be worked out between Planning staff and the developer and he was behind the project 100%. Mr. Myott asked for the schedule for start of construction and delivery and whether there would be more requests for extensions. 8807 ]4 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 9, 2005 Ms. Horenburger noted that the Uptown Lofts project was not asked to provide certain colors, but staff recommended that the Arches provide awnings of a certain color. She agreed with most of the board member comments. Ms. Miskel stated that she had been to an Affordable Housing Workshop put on by Palm Beach County and their cap for affordability in Palm Beach County is currently $350K. Judged by that standard, their units starting at $200K were affordable. Ryan Weisfisch declared that they planned to break ground by the end of this year and delivery would be in the middle to third quarter of 2007. The timing was partially dependent on the receipt of permits. If there were a delay, it would be more like two months and not six or twelve months. Vice Chair Tillman spoke in favor of the analysis of the incentive agreement and how it related to this project. As a taxpayer, he appreciated having his financial interests protected. From what he had seen of this project, he would vote in favor of it. Motion Ms. Horenburger moved to approve request for major site plan modification approval for the construction of a large scale mixed-use project (Arches MSPM 05-008) consisting of 378 dwelling units and 38,599 square feet of retail on :f:4.68 acres in the Mixed Use-High (MU-H) zoning district, incorporating staff conditions of approval # 1 through 68, eliminating item #69 that asked for a reduction in size of the public plaza, eliminating word "interactive" in item #70, eliminating #71 because the fountain incorporates a public staging area, revising item #72 that calls for 30 inch high seating on the planter benches with 24 inch high seating, eliminating item #75 requiring S.E. 4th Street frontage to have active uses, and eliminating item #76 requiring fountains on all corners. Mr. DeMarco seconded the motion. Mr. Fenton confirmed that Ms. Horenburger's intention was to eliminate the first sentence of item #75 and she agreed to a revision to her motion, as did Mr. DeMarco. Mr. Myott was in favor of rescoring the project for a new incentive agreement. Ms. Horenburger added to her motion that the original incentive agreement would remain In effect based on the taxable value of property being increased since the agreement was made. Mr. DeMarco agreed to this addition. The amended motion passed 5-0. Motion Ms. Horenburger moved to approve request for a height exception (Arches HTEX 05-006) 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 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, subject to staff's comment that at the time of permitting, the elevations shall be revised to indicate by note that the roof profiles (proposed at 161 feet - 8 inches in height) are non- inhabitable spaces and are decorative elements. Mr. DeMarco seconded the motion that passed 5-0. Attorney Spillias commented that he would not normally bring something like the incentive agreement to them at the last minute. He received the letter from the applicant's attorney on Tuesday or Wednesday of the week prior to this meeting when he returned from vacation. He felt it was his obligation to let the board know what the options were. He represents this board and nobody else. Mr. Myott hoped that any future incentive agreements would be more flexible and allow room to negotiate and Attorney Spillias responded that it had already been done. 15 8808 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 9, 2005 At 9:42 p.m., the board decided to continue the meeting until 10:00 in order to hear the Chow Hut public hearing item. Motion Ms. Horenburger moved to continue the meeting to 10:00 p.m. Mr. DeMarco seconded the motion that passed 5-0. C. Major Site Plan Modification 1. Project: Agent: Owner: Location: Description: Chow Hut (MSPM 05-007) George Brewer Anthony J. Mauro and Dough Peters 558 N.E. 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). Kathleen Zeitler, Planner, described the proposed project as a take-out restaurant with outdoor seating on Gateway Boulevard west of the railroad tracks on the corner of Gateway and Federal Highway. The restaurant would be a high-turnover restaurant. Covered dining areas would be located on each side of the building and constructed like Indian chickee huts. The restaurant is supposed 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. The applicant also indicated that no amplified music would be played indoors or outdoors. The site is non-conforming on landscaping, but the proposed site improvements will bring the site up to Code as much as possible. 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 loadinglunloading area), and 5 parking spaces in the rear. Staff recommended approval of the request. George Brewer, architect and agent for the owners of Chow Hut, stated that the chickee hut theme was not intended to be an Indian in nature, but to provide reminders of the past and provide comfort in a non-air conditioned space. The applicant was in agreement with all conditions of approval except condition #24 regarding the color. They wanted to have their own identity and keep the colors they had suggested. They felt that their color selections worked well with the wood and thatch and they did not want to duplicate or be tied to another project as suggested in the color recommendations. Bharat Patel, owner of BMT Discount Beverages, the shop to the east of the proposed Chow Hut, spoke of the extremely limited parking conditions in the area. He did not understand how Chow Hut could have 32 seats and only a few parking spaces. He also did not understand why a take-out restaurant could have 32 seats. People coming to BMT are only there for a minute or two and the people frequenting the Chow Hut would require 20 to 30 minutes at minimum. He did not know how this project was going to affect his parking lot. Also, there was no room for parking in the rear of the proposed project. He feared customers coming to his store would have no place to park if the proposed project were put in place. 8809 16 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 9,2005 Ms. Zietler responded that the proposed project complies with the parking requirements for the proposed use, a high turnover takeout restaurant. They are limited to 32 seats based on 13 parking spaces. Mr. Brewer likened the Chow Hut to Doc's Soft Serve Ice Cream in Delray Beach, a well-known community style restaurant facility with very little parking space. It is also primarily a takeout restaurant. Mr. Myott commented that there were a lot of residences in the area that could generate pedestrian traffic for the Chow Hut such as The Crossings and a new residential complex being built on the site of the former Boynton Mobile Village. Vice Chair Tillman visited the site and noted that currently, people were using the space between the two businesses (BMT and proposed Chow Hut) as a short-cut, which was dangerous in itself. He believed that the Chow Hut would be a definite improvement for the area. Mr. DeMarco asked if signs could be put up designating which parking was for the Chow Hut and which was for BMT. Ms. Zeitler remarked that all of BMT's parking was facing Federal Highway. Mr. Myott asked Ms. Zeitler if Planning staff could support the architect's request for colors. She offered to show the board paint chips and samples. Motion Ms. Horenburger moved to approve the major site plan modification for Chow Hut 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), subject to staff conditions of approval except for condition #24, the color recommendations. Mr. Myott seconded the motion that passed 5-0. D. Code Review 1. Project: Agent: Code Section: R-O-W Widths in PUDs (CDRV 05-014) 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. Description: This item will be added to the agenda of the August 30, 2005 meeting. VII. Pulled Consent Agenda Items Attorney Spillias declared that Consent Agenda Item IV-D had to be addressed at this meeting since it had been noticed. Motion Ms. Horenburger moved to continue the meeting for an additional ten minutes. Mr. DeMarco seconded the motion that passed 5-0. Consent Agenda Item IV-D, is an easement by the CRA to FPL to allow them to put their lines underground along Boynton Beach Boulevard extension rather than aboveground. Attorney 17 8810 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 9,2005 Spillias pulled this item because it required a resolution authorizing the chair or vice chair to sign it. The resolution was given to board members before the meeting. He requested the board to approve the resolution and the easement. Motion Mr. Fenton moved to approve the easement and associated resolution to FPL to allow the installation of underground lines along the Boynton Beach Boulevard extension. Ms. Horenburger seconded the motion that passed 5-0. Consent Agenda Item IV-C, Consideration of Florida Employer Solutions Agreement to Perform a Human Resources Study, was discussed. Ms. Horenburger expressed surprise that the CRA could not find a firm in south Florida, the largest region in the state, to perform this study. She believed that some incentive had to be given in the numbers and ranking to accommodate local firms of all kinds. She hoped they would not come back with a lot of comparisons to business and not recommend contracts over one year. She also hoped they would restrict the comparison to public agencies of similar size. Motion Ms. Horenburger moved approval of the Florida Employer Solutions Human Resources Study agreement. Mr. Myott seconded the motion that passed 5-0. Mr. Fenton pulled Consent Item IV-B, Financial Report, because he was not sure whether it was appropriate to approve it prior to the audit. Mr. Hutchinson said that the monthly reports were going in and the audit would address any findings in regard to the financial reports. Ms. Horenburger felt that this was a "receive and file" item, not one in which every item was approved. Mr. Hutchinson agreed. Mr. Fenton pointed out a discrepancy on page 8725 where there were current expenditures for the CBD parking garage of $168K, but year-to-date expenditures of only $96K. Mr. Hutchinson said this would be corrected and the report would be presented again. Motion Ms. Horenburger moved to postpone receiving and filing the June Financial Report until the next meeting, pending amendments as discussed. Mr. DeMarco seconded the motion that passed 5-0. Ms. Horenburger spoke about Consent Agenda item IV-E, The Urban Group's (TUG) contract, stating that so far, the CRA had spent $239,298.81 on real estate acquisitions. She felt that this item should be postponed until the board had an opportunity to discuss some of the property acquisition practices in the Heart of Boynton area. She knew the board had a policy in place, but it was starting to appear that the CRA was competing against the private sector. Motion Ms. Horenburger moved to postpone this item pending board discussion of the item. Mr. DeMarco seconded the motion. Ms. Horenburger clarified that TUG would need to continue to perform this service on an as- needed basis. It was not clear that the current agreement with them had expired. Mr. Hutchinson stated that this agreement was for acquisition through eminent domain and management of properties. He felt it was appropriate to table it until the board decided what it wanted to do about it. He added that there was a Task Order with TUG that was still in place. Mr. Fenton asked if TUG would continue business as usual if this motion were to be passed. Mr. Hutchinson stated they were not working on these items yet because the City did not move 18 8811 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 9,2005 forward with the CRA's request to proceed. This is on hold until the CRA and the City discuss and jointly decide to move forward on this and related items for the assembly of Phase One. The motion passed 5-0. At 10: 14 p.m., the agenda was not completely addressed and the agreed-to time for the meeting's end was reached. Motion With apologies to those who had been waiting for their items to come up, Ms. Horenburger moved to continue the unheard agenda items (VIII through XV) to the August 30, 2005 meeting. Mr. DeMarco seconded the motion that passed 5-0. VIII. Old Business IX. New Business A. Consideration of Interlocal Agreement for the Old High School Adaptive Reuse B. Consideration of Interlocal Agreement of the Boynton Beach Promenade Project Extension C. Consideration of S.E. 4th Street Project Upgrades D. Consideration of "The Promenade" Direct Incentive Agreement Extension Req uest X. Board Member Comments XI. Director's Report XII. Legal XIII. Other Items XIV. Future Agenda Items A. Special Meeting: 1. Tuesday, August 30th at 6:30 p.m. City Hall Chambers · Consideration for Requests from Arches Project · Workshop - 2nd Consideration of 2005-2006 Budget B. Workshop Meetings to be held on the following dates: 1. Thursday, August 18th at 6:30 D.m. Suite 107 · Consideration of 2005-2006 Budget Thursday, September 22nd at 6:30 p.m. Suite 107 · Consideration of Human Resource Policy Recommendations · Consideration of CRA 20/30 Plan, Design Guidelines & CRA Land Development Regulations (LOR) 2. 3. Thursday, October 20th at 6:30 p.m. at Holiday Inn Catalina 19 8812 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 9, 2005 . 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 Review - 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 XVI. Adjournment The meeting was duly adjourned at 10:15 p.m. Susan Collins Recording Secretary (081005) 8813 20 BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM Requested CRA Date Final Materials Must be Requested CRA Date Final Materials Must be Turned into Meetin!!. Dates Turned Meetin!!. Dates CRA Office into CRA Office 0 January 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 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 ~ew Business 0 Future Agenda Items 0 Other Item DATE: July 27, 2005 SUBJECT SUMMARY PARAGRAPH: Corrected June Financials are being presented at the August 30th, 2005 CRA Board Meeting. Staff has reviewed the financials, the Balance Sheet, Income Statement and Budget to Actual Comparison as well as the Statement of Cash Flows for the approval of the CRA Board. RECOMMENDATION: Staff is recommending approval of 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 IMP ACT: The financials are presented according to GASB and Budget. ~D 1 h' CRA' oug as Hutc mson, DIrector 8814 W:\Agenda\CRA Agenda Request - June 2005 Financials.doc :Jt)~t h~A-tJt~~ July 31,2005 Current Month October - June Total YTO Approved Income and Income and and Unapproved Revenue Expenses Expenses Income/Expenses Tax Increment Funds Tax Increment Funds: $0.00 $3,871,616.02 $3,871,616.02 Total Tax Increment Funds $0.00 $3,871,616.02 $3,871,616.02 City Funds City Transfer Funds $0.00 $0.00 $0.00 Total City Funds $0.00 $0.00 $0.00 Grants, Project Reimbursements Grant Funding $0.00 $0.00 $0.00 Total Grants and Projects $0.00 $0.00 $0.00 Interest Income Interest Income $61,011.87 $393,563.48 $454,575.35 Total Interest Income $61,011.87 $393,563.48 $454,575.35 Other Income Other Income $0.00 $5,190.00 $5,190.00 Total Other Income $0.00 $5,190.00 $5,190.00 Total Sources of Funds $61,011.87 $4,270,369.50 $4,331,381.37 8815 ~==S' Ll ~E: (,.- "..- .- \- \ t---jf\+JG I~LS Current Month October - June Total YTD Approved Income and Income and and Unapproved Use of Funds Expenses Expenses Income/Expenses Debt Service Debt Service Principal Payment $0.00 $72,344.25 $72,344.25 Interest Expense Payment $0.00 $81,510.83 $81,510.83 Debt Issue 1 $0.00 $0.00 $0.00 Sinking Fund $0.00 $223,434.08 $223,434.08 Total Debt Service $0.00 $377 ,289.16 $377,289.16 Program Expenses Web Site Updates / Expansion $1,284.00 $4,471.70 $5,755.70 Printing & Promotional Programs $0.00 $1,807.90 $1,807.90 Police Programs $2,386.55 $201,333.50 $203,720.05 Transportation / Trolley $70,772.39 $14,205.75 $84,978.14 Festivals / Events / Bus. Programs $1,720.75 $54,518.97 $56,239.72 Fa<;ade Grant Program $30,000.00 $67,026.77 $97,026.77 Economic Incentive Program $0.00 $10,219.00 $10,219.00 Miscellaneous Programs $0.00 $0.00 $0.00 Total Program Expenses $106,163.69 $353,583.59 $459,747.28 Project Expenses Riverwalk / Promenade Project $228,583.17 $1,251,233.36 $1,479,816.53 HOB Commercial/Improvements $2,463.84 $264,653.98 $267,117.82 Way-Finding Signage $0.00 $2,865.36 $2,865.36 Marina Parking Garage $315,000.00 $157,500.00 $472,500.00 CBD Parking Site $0.00 $0.00 $0.00 Savage Creatures Complex $8,504.81 $0.00 $8,504.81 Miscellaneous Projects $0.00 $7,535.00 $7,535.00 Streets capes (BBB, MLK, Seacrest) Total Projects Expenses $554,551.82 $1,683,787.70 $2,238,339.52 8816 :SUN€- j:-,,,JA-rJCH'I LS Current Month October. June Total YTO Approved Income and Income and and Unapproved Expenses Expenses Income/Expenses General & Administrative Salaries & Contract Labor $23,380.76 $216,660.09 $240,040.85 Payroll Tax $1,832.28 $16,066.08 $17,898.36 Disability $207.25 $1,024.67 $1,231.92 Retirement 457 Plan $0.00 $1,500.00 $1,500.00 Accrued Time Off $0.00 ($4,882.44 ) ($4,882.44 ) Workers Compensation $135.57 $1,174.99 $1,310.56 Health Insurance $2,466.86 $12,675.21 $15,142.07 Life Insurance $63.50 $868.77 $932.27 Professional Fees - Audit $0.00 $7,400.00 $7,400.00 Professional Fees - City Staff $0.00 $2,115.02 $2,115.02 Professional Fees - Contracted Services $31,641.36 $269,940.78 $301,582.14 Professional Fees - Legal $0.00 $119,489.41 $119,489.41 Professional Fees - Maint. & Cleaning $200.00 $2,647.95 $2,847.95 Professional Fees - IT Support $0.00 $13,489.45 $13,489.45 Rent Expense $1,600.00 $16,640.00 $18,240.00 Telephone Expense $601.24 $5,008.23 $5,609.47 Electric Expense $270.16 $1,637.73 $1,907.89 Equipment Leases $1,083.00 $1,985.15 $3,068.15 Office Leasehold Improvements $0.00 $3,795.96 $3,795.96 Property / General Insurance $206.66 $680.21 $886.87 Bonding Insurance $27.16 $214.60 $241.76 Professional Insurance $447.04 $1,799.80 $2,246.84 Promotional/Business Meeting $253.56 $8,313.96 $8,567.52 CRA Meeting / Presentation $0.00 $9,740.20 $9,740.20 Association Meeting $0.00 $1,595.35 $1,595.35 Seminars $0.00 $5,822.91 $5,822.91 Mileage & Delivery Services $337.62 $1,295.58 $1,633.20 Car Allowance Director $570.52 $2,993.10 $3,563.62 Office Supplies $1,633.65 $14,564.09 $16,197.74 Office Expense $61 .50 $641.33 $702.83 Office Equipment / Furniture $164.80 $10,513.18 $10,677.98 Licenses, Fees, Permits $1,226.16 $844.07 $2,070.23 Membership, Subscriptions $0.00 $9,384.22 $9,384.22 Books & Publications $0.00 $724.95 $724.95 Advertising Expense $1 ,432.40 $16,977.97 $18,410.37 Career Development $0.00 $1,529.00 $1,529.00 Depreciation Expense $1,865.04 $11,747.17 $13,612.21 Office Printing $147.33 $3,149.77 $3,297.10 Interest Expense $0.00 $62.69 $62.69 Marketing and Promotions $0.00 $329.00 $329.00 Miscellaneous $0.00 $3,540.00 $3,540.00 Total General & Administrative $71,855.42 $795,700.20 $867,555.62 Total Application of Funds $732,570.93 $3,210,360.65 $3,942,931.58 Fund Sources in Excess of Application ($671,559.06) $1,060,008.85 $388,449.79 8817 ::rL,{~f, f If'-lArJCI4\LS Current Month October - June Total YTD Approved Income and Income and and Unapproved Use of Funds Expenses Expenses Income/Expenses Debt Service Debt Service Principal Payment $0.00 $72,344.25 $72,344.25 Interest Expense Payment $0.00 $81,510.83 $81,510.83 Debt Issue 1 $0.00 $0.00 $0.00 Sinking Fund $0.00 $223,434.08 $223,434.08 Total Debt Service $0.00 $377,289.16 $377,289.16 Program Expenses Web Site Updates / Expansion $0.00 $3,187.70 $3,187.70 Printing & Promotional Programs $0.00 $1,807.90 $1,807.90 Police Programs $22,632.80 $153,898.96 $176,531.76 Transportation / Trolley $8,578.00 $5,627.75 $14,205.75 Festivals / Events / Bus. Programs $75.00 $51,326.37 $51,401.37 Fa<;:ade Grant Program $0.00 $67,026.77 $67,026.77 Economic Incentive Program $0.00 $10,219.00 $10,219.00 Miscellaneous Programs $0.00 $0.00 $0.00 Total Program Expenses $31,285.80 $293,094.45 $324,380.25 Project Expenses Riverwalk / Promenade Project $233,153.05 $642,703.86 $875,856.91 HOB Commercial/Improvements $86,199.1 5 $10,054.83 $96,253.98 8818 BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM Requested CRA Date Final Materials Must be Meetin!! Dates Turned into CRA Office 0 January 1], 2005 December 28,2004 (Noon) 0 February 8, 2005 January 25, 2005 (Noon) 0 March 8, 2005 February 22, 2005 (Noon) 0 April 12, 2005 March 29, 2005 (Noon) 0 May 10,2005 April 26, 2005 (Noon) 0 June 9, 2005 May 26, 2005 (Noon) NATURE OF . Consent Agenda AGENDA ITEM 0 Director's Report DATE: August 25,2005 Requested CRA Date f'inal Materials Must be Turned into Meetin!! Dates CRA Office 0 July 12,2005 June 28, 2005 (Noon) . August 9, 2005 July 26, 2005 (Noon) 0 September 15, 2005 September 1,2005 (Noon) 0 October 11.2005 September 27, 2005(Noon) 0 November 8, 2005 October 25, 2005 (Noon) 0 December 13,2005 November 29,2005 (Noon) 0 Old Business 0 Legal . New Business 0 Future Agenda Items 0 Other Item SUBJECT SUMMARY PARAGRAPH: In the past fiscal year, the CRA staff has almost tripled. The growth in personnel increases the technology needs of the agency. Additionally, the CRA issued a $19 million bond referendum which changes compliance reporting and accounting requirements of the agency both at the federal and state level. RECOMMENDATION: Staff is recommending the purchase of a fully-integrated accounting software to handle both internal and external demands of reporting. Board agreement to purchase this accounting software necessitates a simultaneous purchase of a stand-alone server to handle the implementation of this accounting package coupled with increased technology demands due to the growth of agency personnel. EXPLANATION: The CRA Board approved the purchase of a new server as a line item on the FY 2004-2005 Budget. This request for purchase at this time will actually have virtually no impact since it was previously approved and delivery date will occur approximately on or slightly before October 1, 2005. The Carillon Accounting Software is a very cursory basic software for a start-up operation and is not capable of providing either departmental or project driven accounting statements. Carillon does not support a municipal fund accounting system and requires all individual project statements. Staff utilized the CRA purchasing procedures and evaluated 4 accounting packages to determine the superior accounting software for the CRA. Evaluation criteria required the following: 1.) City mandated MS Sequel Server database and/or; 2.) Software must be utilized by large membership of municipal clients. After contacting five Florida cities that utilize INCODE software and receiving strong recommendations; staff was satisfied to recommend purchase of the software. FISCAL IMPACT: Estimated impact of the Dell Server and installation of two network switches is at a cost of $10,000. Estimated purchase of INCODE Accounting Software Modules: General Ledger, Accounts Payable with Bank Reconciliation and Projects with a cost of $5,820.00 per year for 4 years until ownership. This cost includes set-up, implementation and training. The total for both the technology and software through 2005/2006 is $15,820.00. A Proposed 2004/2005 Budget Adjustment and Proposed 2005/2006 line items for these purchases is $26,750 leaving a balance of $10,930. ALTERN TlVES: Recomm~/7ation not to purchase teChnOI~09y and; software. " c'--_ C. f;;i;'Gvf- 8819' " -- CRA Staff Douglas Hutchmson, CRA DIrector C:\Documents and Settings\brightl\Desktop\2005 Agenda Summaries\Technology.Acctg Software - 830.05.doc Page 1 of 1 Bright, Lisa From: Svatek, Richard Sent: Wednesday, August 24, 2005 10:02 AM To: Bright, Lisa Cc: Reardon, Robert; Wallace, Peter Subject: RE: PC Pricing & Technology Pricing Lisa, I sent you the Dell quote for the PC's in another email per your request... 1. For the server purchase, Dell's price range is (aprox.) $4,400 to $7,500. The server has not yet been quoted with the configuration I feel is best for operations at the CRA. I am continuing to work on the quote with Dell and expect the purchase price to come in around $5,600. 2. Also needed is a rack or cabinet for the server. Price to be determined... 3. The remainder of the server install will include two switches (Nortel part number AL2012E 15 for user connections in each office) with a purchase price of $2,400 each. Please let me know if you need more information at this time. Thank you, Richard n---Original Message---n From: Bright, Lisa Sent: Tuesday, August 23, 20057:27 PM To: Svatek, Richard Cc: Reardon, Robert; Wallace, Peter Subject: PC Pricing & Technology Pricing Dear Richard, Would you email a cursory price for the new pc as well as general pricing for our Server upgrade package? I need it for a board packet by Thursday? P.S. Please forward the specs on the pc (under separate cover ok) so that I can order to the pc asap. Thanks - Lisa Lisa Bright Asst. Director Boynton Beach CRA 639 E. Ocean Ave., Ste 103 Boynton Beach, FL 33435 561.737.3256 561.737.3258 - Fax 8820 8/24/2005 ]NCODE 1 ,',~ H',OL 0(, If " 5808 4th street Lubbock, Texas 79416 800.646.2633 toll-free 806.797.4849 fax s a les@incode-inc.com www.incode-inc.com 8821 :;: 'n en "F, :l> g. '" oo :0 U; '" ." <" g en ::J !!:. C- O ~ '"' ~ ~ 0- c ::l :0 ::: .!) ~ .., ~ ;;j :; CD r') 0.. ." 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The General Ledger simplifies your data processing with time saving features such as saving common entry formats as templates for reuse, loading previously posted general ledger budget preparation project accounting cash collections accounts receivable human resources payroll/personnel electronic time sheet . accounts payable purchase orders check reconciliation gasb 34 reporter inventory control fixed assets A seamless integration throughout INCODE's financial suite allows all data to flow through the General ledger and be automatically reflected throughout the system. Additionally, the General Ledger interfaces with our Court applications. Customer Relationship Management and Municipal 8824 transactions for adjustment or reversal, and automatically supporting pooled cash accounting. The General Ledger also provides powerful inquiry and reporting capabilities with user defined searches through detailed audit trails and records. Budget Preparation Budget Preparation is a sophisticated module within General Ledger that allows multiple budget versions to be created. User-defined options for budget formulation, fund allocation, and security access allow your site to tailor the application to your budgeting needs. All budget information and worksheets flow through to the General Ledger for inquiry throughout the fiscal year. Project Accounting INCODE's Project Accounting system is designed to allow tracking of projects, budgets and grants across multiple fiscal years. An interface to INCODE's financial suite allows project activity to be updated automatically as project expenses are posted to General Ledger accounts. The Project Accounting software allows you to attach user-defined project codes, line items, statuses and descriptions. The system maintains detailed project activity history and produces comprehensive summaries and reports. www.incode-inc.com , ",J.. financial mall~g~~e.nt ,;' ." customeNelatjl)/'lshi~1!!181i1... rtt ", ' ,;',1'.. " Account:s '3\'a't'"" ! I I )/ I 'i I)JCODE'~ .\ccounh 1':1\'<lhle <lll" 1~11 I": ;i Iii accounting. The Ven(i(II' Ma,;tel' .'p,' 11'(1 1'1' I,' I ,'i activity information, Flexihle inv()1(I' pl':: '1," '1,'[' I : , i 'I 11 " I Ii I, " )I' , ., 11:2 I II P '''1\-: [(' templates, recurring Jll\'oice proce';"iIlg, IlL Ii] by due date. discount date or tl1allll~lh'. ,\1. C' 1 1. item processing tools, and audit trail,: 11 mil i'12 , ?dii' I ': ':,,' 2r:i Ledger and in Accounts Payable a~; p Jld ::,' ':' I,?:'~ and invoices are processed. Chec',' ,1": ..",Iir I 01 \ reconciled throughout the Genercd L2,!g. I': ~ ') I Cash Collections, and Accounts lPayab e,', ,t, fI~, Purchase Orders INCODE's Purchase Order system provides cem I: e IE 2He Ulll bran printing purchase orders, partial or~ull liqt i( atill of : lCI; m br a l1el ! closed or voided purchase orders. Purcluls'E !i1'l,':r:: ~ IE' rourE,d LI, E' 'I :~( lei : ,I" i! I c c: lUll [II :'U I t ~ 1'1' ,~r i i) c ( , d: I: '1<' I E' h ,I I e:c I; i i ti, '1I ( t :1;1 " dE I Ila,r "( II ~ ,: 1'5: 111 IIUT i 11 r :~~i lJr: l'llet :,n c ImE s~ (llnJl In!; n, u' J t! t .1: :U 'I~ S ; (I I) n approval process, Audit trails of all requisiti,)f S 'C' rr <l Ita ned at t I '/ ::Ie '11 ! ,.~. 't' Iq,h ~ 1 S', 1'- _ ~f '( Check Re1con1ciilii,:: :iil)n The Check Reconciliaticn i'Yi:l,r' t -1,:: {S ban:, provides easy check-cb:uinf t, I , ". Sy" tun statements, and user..define::1 c]ll I k -egi:,ter: ,~i; ..... , ~ n i i ,!!~; !lil~a' .., , ". l ..... IIII I I( ~Ii ~IIIII II' j""' ., .1:1 l ~..:I flit, ~.'.'...' .1.'1,..\1 II _..'"-lIlt, II~ H If . ~ III Ik : t: HI :> "0>11.;, C'IIE 'k' ] I e :~~~, I rCII I il i ,( i~ r:;l : I)r 00 s~ n n h, ::ij.:e tie Ill' k :l: :0 tCl I easy,to-use method for 3lutonwl :'i'~ .: ll~ 1 ank reol J :i!ljlil IHOI :s; a,a: ~ ) \V~I'I',. i noc , I~-" Ie con ][)[-, t'" I , BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM Requested CRA Date Final Materials Must be Meetin!! Dates Turned into CRA Office 0 January II, 2005 December 28,2004 (Noon) 0 February 8, 2005 January 25, 2005 (Noon) 0 March 8, 2005 February 22, 2005 (Noon) 0 April 12,2005 March 29, 2005 (Noon) 0 May 10, 2005 April 26, 2005 (Noon) 0 June 9, 2005 May 26, 2005 (Noon) NATURE OF . Consent Agenda AGENDA ITEM 0 Director's Report DATE: August 25,2005 Requested CRA Date Final Materials Must be Turned into Meetin!! Dates CRA Office 0 July 12, 2005 June 28, 2005 (Noon) . August 9, 2005 July 26, 2005 (Noon) 0 September 15, 2005 September I, 2005 (Noon) 0 October 11, 2005 September 27, 2005(Noon) 0 November 8, 2005 October 25,2005 (Noon) 0 December 13,2005 November 29, 2005 (Noon) 0 Old Business 0 Legal . New Business 0 Future Agenda Items 0 Other Item SUBJECT SUMMARY PARAGRAPH: Promotions, Festivals and Events are integral to the redevelopment of the CRA District. The CRA elects to showcase redevelopment areas slated for economic restructuring, build an image of clean and safe and reintroduce previously blighted areas to both the community and visitors. RECOMMENDATION: Staff recommends partnering with the City of Boynton Beach on the Pirates of the Intracoastal Event scheduled for October 22nd & 23rd at Intracoastal Park. The event is scheduled to operate from 10:00 am - 8:00 pm on Saturday and 10:00 am - 5:00 pm on Sunday. EXPLANATION: The CRA recognizes promotional events as a catalyzer to encouraging economic development. The Board has supported this commitment by providing both staff and dollars to create and implement events. Staff believes partnering with the City of Boynton Beach leverages these dollars for the community. CRA staff is providing support to this event by lending our police and trolley to cover both days. FISCAL IMPACT: Estimated event costs are none. The CRA will provide Trolley Transportation and Police at no cost since these items are budgeted. ALTERNATIVES: Deny support of the "Pirates of the Intracoastal" event. ", c. ~U"h'",O"' eRA D',,"m 8826 C:\Documents and Seltings\brightl\Desktop\2005 Agenda Summaries\Pirates of the Intracoastal-830.05.doc The City of Boynton Beqch qnq the Boynton Beqch CRA Present 1:\O~N B~c-lt \ I I \ PIRATES I'lV~ ot the 1\. \.J ..( ltACOAS'f p.. ExpIate out histoticqI villqge on the Inttqcoqstql, AIIea with fun qnci sWqshbuckling pitqte qaventute I nttqCOasta I Pa rk 2240 N. Feqerql Hwy. ~ Boynton Beqch Sqturdqy & Sundqy, October 22 &23,2005 10 A.M.-8 P.M., Sqturdqy; 10 A.M.-5 P.M., Sundqy Adults $6, Seniors $5, Children (2-10) $2, Children under 2 Free w~/k the p/~l7k or 5t~rt your ~c/vel7ture ~ho~rc/ the eRA trolley... for FREE /~ ' '~!~ l f\ I, " , I I '. / "\. -, / \ , ".. P\SV\a ~~ "~ ~Y f\yeV'Joyk~ For more informC1tion, cC111 (561) 742-6246 SVec\:acu ,lay E\fen\nej or log on to www.boynton-beC1ch.org sa-tu YL\ ,l I Q V'JL\e n /I\)\ack po '-t t'J\\ss -t e cLoV'J pan Gun .In .-;s, We Make _ Ufe f...U Boyntofl lJewh F(e<ff'~ltIO'l und Pod~~ DeOClf'tlllC'flt gr-rvoc- J. ,._.~..~ ' ,: ". \ I " ; j. -':'. .' ,l 'o:~>/{/ 'ON \:' 8827 v. Public Audience Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the 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. 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 ofa service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 05-129 TO: Chair and Members Planning and Development Board, Community Redevelopment Agency Board, Mayor and City Commission Dick Hudson, AICP ~ Senior Planner "'YlW Michael W. Rumpf Director of Planning and Zoning FROM 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. InternalPUD standards. F. RIGHTS OF WAY, to add the following: "Privatelv owned streets providinq secondary vehicular circulation internal to the PUD mav be considered for approval with riqhts-of-wav and pavement widths less than the requirements stated in the city's Land Development Requlations: however, in no case shall health, safety, welfare, or efficiencies of public services be ieopardized." 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. 8828 Page 2 CDRV 05-014 Rights-af-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 two-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.DOC 8829 Exhibit "A" Proposed Amendments Chapter 2.t Planned Unit Developments, Section 9. Internal PUD standards. . . F. RIGHT.s.-OF - WAYS. The minimum width of a right-of-way for a principal street in a PUD is forty (40) feet. In the event of a conflict ''lith this section and any other provisions of the City's Land De'.'elopment Regulations regulating the 'Nidth of the right of 'NUYS, 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 i eopardized. S\planningISHAREDlWP\SPECPROY'CODE REVrEw\CDRV 05-014 R-O-W in PUDs\Code Language.doc 8830 TO: FROM: THROUGH: DATE: PROJECT NAME/NUMBER: REQUEST: DEVELOPMENT DEPARTMENT PLANNING &. ZONING DIVISION MEMORANDUM NO. PZ 05-166 Chair and Members Community Redevelopment Agency Board and Mayor and City Commission Dick Hudson, AICP ~ Senior Planner Michael W. Rumpf Director of Planning and Zoning August 22, 2005 Arches Addition/LUAR 05-008 Amend the future land use designation from Mixed Use (MX) to Mixed Use-Core (MX-C) and rezone from CBD Central Business District to MU-H Mixed Use-High Intensity Property Owner: Applicant! Agent: Location: Parcel Size: Existing Land Use: Existing Zoning: Proposed Land Use: Proposed Zoning: Proposed Use: PROJECT DESCRIPTION Boynton Venture I, LLC Boynton Venture I, LLC/Bonnie Miskel & Kim Glas-Castro of Ruden McClosky Southeast corner of the intersection of Ocean Avenue and SE 4th Street (Exhibit "A") 0.58 acre Mixed Use (MX) - 40 units per acre maximum CBD Central Business District Mixed Use Core (MX-C) - 80 units per acre maximum MU-H Mixed Use-High Intensity Addition to approved mixed use development to include a total of 378 residential units and 38,599 sq. ft. of commercial space on a property totaling :!:5.05 acres 8831 Page 2 File Number: LUAR 05-008 Arches Addition Adjacent Uses: North: Right-of-way of Ocean Avenue then property owned by the City of Boynton Beach (Veterans Park) designated Mixed Use (MX) and zoned CBD Central Business District South: Property owned by the applicant designated Mixed Use Core (MX- C) and zoned MU-H Mixed Use-High Intensity and approved for redevelopment East: Property owned by the applicant designated Mixed Use Core (MX- C) and zoned MU-H Mixed Use-High Intensity and approved for redevelopment West: Right-of-way of SE 4th Street then property owned by the City of Boynton Beach (parking lot) designated Mixed Use (MX) and zoned CBD Central Business District EXECUTIVE SUMMARY Staff recommends approval of the requested land use amendment and rezoning for the following reasons: 1. The addition of this property will provide the applicant with a redevelopment project encompassing two entire city blocks, serving to make a more complete project; 2. The requested land use amendment and rezoning are consistent with applicable Comprehensive Plan policies and the Federal Highwav Corridor Community Redevelooment Plan. PROJECT ANALYSIS The parcels, which are the subject of this land use amendment, total 0.58 acre. Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a "small scale" amendment. A "small-scale" amendment is adopted prior to forwarding to the Florida Department of Community Affairs and is not reviewed for compliance with the state; regional and local comprehensive plans prior to adoption. The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. a. Whether the proposed rezoning would be consistent with applicable comprehensive plan policies including but not limited to/ a prohibition against any increase in dwelling unit density exceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning Division and the City~ risk 8832 Page 3 File Number: LUAR 05-008 Arches Addition manager. The planning department shall also recommend limitations or requirements, which would have to be imposed on subsequent development of the pro pert}/; in order to comply with policies contained in the comprehensive plan. The property is not located in the hurricane evacuation zone; therefore the prohibition cited does not apply. Other relevant Comprehensive Plan policies as well as directions contained within the Federal Highwav Corridor Community Redevelooment Plan, which are adopted by reference in the Comprehensive Plan, are discussed below: Policy 1.16.1 of the Land Use Element contains the definition of the Mixed Use Core designation and reads: "This land use category shall consist of all Mixed Use High Intensity zoning districts and/or any zoning district(s) which may be established subsequent to the adoption of the Plan provided that all of the above-mentioned zoning districts are shown on the Future Land Use Map within the Mixed Use-Core land use category. The uses allowed in this land use category shall be limited to, but shall not necessarily include the following: Business, professional, and administrative offices; retail uses, personal services, day-care services, business services which are compatible with retail uses; entertainment, recreation facilities, amusements, attractions, and exposition halls; hotels and residential uses with a gross density up to 80 dwelling units per acre; places of worship; governmental uses; home occupations. . . A Roor Area Ratio (FAR) up to 4.0 may be considered for all uses, exclusive of parking structures, throughout the Mixed Use Core land use category. . . All land development located in the Mixed Use-Core category shall be required to submit a plan that includes a single unified design for the project, and shall conform to any adopted design plan(s) for the area covered by the category." The Mixed Use-Core land use designation and the Mixed Use-High Intensity zoning district were adopted in response to directions in the "Federal Hiahwav Corridor Community Redevelooment Plan"and are consistent with the recommendations of that study. While the land area currently designated for this use is relatively small, it has been the City's intent to expand the area on a project-by-project basis in order to review land use compatibilities and control the potential impacts to the City's service delivery systems until adequate capacity exists concurrent with demand. The original Arches plan, approved on June 17, 2003, was the second redevelopment project approved following the addition of this language to the Comprehensive Plan. The addition of these small parcels to the original project provides a much more cohesive area for planning, and at the same time gives development potential that neither of the additional properties, because of their small size, would have separately. 8833 Page 4 File Number: LUAR 05-008 Arches Addition b. Whether the proposed rezoning would be contrary to the established land use pattern/ or would create an isolated district unrelated to adjacent and nearby districts/ or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. The proposed rezoning would not create an isolated district but would relate to other properties in the downtown area that are currently or will be a part of the revitalization of the area and particularly to the other properties, under the same ownership, that make up the two blocks lying between Ocean Avenue and SE 2nd Avenue that will be part of the same development. c. Whether changed or changing conditions make the proposed rezoning desirable; The addition of the two mixed use land use designations, Mixed Use and Mixed Use-Core, and the accompanying Mixed Use/Low-Intensity and Mixed Use/High-Intensity zoning districts have provided greater options for development and redevelopment in the downtown area than was possible with the CBD Central Business District zoning. The flexibility includes additional density, building height, and setback requirements. Furthermore, this rezoning and the resulting development would move the city a step closer to realization of its expressed vision of an urban downtown environment. d. Whether the proposed use would be compatible with utility systems/ roadways/ and other public facilities. Since approval of the original site plan for the Arches, the City adopted, concurrently with Palm Beach County, a Transportation Concurrency Exception Area (TCEA) for a portion of the CRA area that includes this property. This adoption basically allows collective projects below a certain level of maximum density and intensity to be approved without being subjected to the Palm Beach County Traffic Performance Standards Ordinance. The City's Utilities Department estimates water and sewer demands will be 125,000 gallons per day for the entire project. Capacity is available; however, no capacity reservations have been made for any part of the project. With respect to solid waste, the Palm Beach County Solid Waste Authority has stated that adequate capacity exists to accommodate the county's municipalities throughout the 10-year planning period. The School District of Palm Beach County has reviewed the application and has determined that adequate capacity exists to accommodate the resident population. Review comments by the Police and Fire Departments are pending and will be presented by staff if available at the time of the City Commission hearing. Lastly, drainage will also be reviewed in detail as part of the review of the application for site plan approval, and must satisfy all requirements of the city and local drainage permitting authorities. 8834 Page 5 File Number: LUAR 05-008 Arches Addition e. Whether the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties/ or would affect the property values of adjacent or nearby properties. The requested actions will give the subject property the same land use designation and zoning as the other properties within the Arches project. It is the City's intention that other adjacent and nearby properties will request similar actions over time as future redevelopment projects are contemplated. f. Whether the property is physically and economically developable under the existing zoning. The properties could redevelop under the existing zoning; however, because of the small size of each, it will be difficult for them to meet development requirements and provide adequate space for economically viable projects. g. Whether the proposed rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. Criteria for evaluating the benefits of the proposed development to the needs of the neighborhood and the City include service demands, density, use, value and consistency with Comprehensive Plan policies. As indicated above the project is consistent with the Comprehensive Plan and the Federal Highway Corridor Community Redevelopment Plan, capacity exists to meet the service needs generated by the proposed project, and it will serve to provide an economic contribution to both the neighborhood and the City. h. Whether there are adequate sites elsewhere in the city for the proposed use/ in districts where such use is already allowed. As stated above, while the land area currently designated for this use is relatively small, it is the City's intent to expand the area on a project-by-project basis; therefore no sites exist with the MX-C land use and MU-H Mixed Use High zoning, except in approved redevelopment projects. CONCLUSIONS/RECOMMENDATIONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan and the Federal Highwav Corridor Community RedeveloDment Plan; will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staff recommends that the subject request be approved. If the Community Redevelopment Agency Board or the City Commission recommends conditions, they will be included as Exhibit "B". AlTACHMENTS S:\Planning\SHARED\WP\PROJECTS\ARCHES @ BB\LUAR Addition\ARCHES ADD STAFF REPORT.doc 8835 i I i \ i t;- en I :z: .,. ~ , I i Z i i ! I i I I i _____________________i_________-IHlGE-AN-AVE-------------i I I I I I I ! I i !, I I i \".i.....~.~,7. IT'. ( - ,', ~ ' Ii () (,,\' '>. LOCATION MAP Arches Addition LUAR 05-008 Exhibit A ~ :z: .J.. ffi ~ : i I i I H- ~ :z: ... ~ LU CI,) 1 ~ :z: ~ SE-1S-T-A LU Q LU ~ ~ I .J SE 2ND AVE \ \ \ I I , I rSE-2ND-AVE 150 75 N 150 Feet A o 8836 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 05.163 TO: Chair and Members Community Redevelopment Agency Board THRU: Michael W. Rumpf Planning and Zoning Director FROM: Ed Breese ~ Principal Planner DATE: August 19, 2005 SUBJECT: Abandonment of a portion of the 40-foot wide right-of-way (SE 151 Avenue) located between South Federal Highway and SE 4th Street (ABAN 05-004) NATURE OF REQUEST The agent for Boynton Ventures 1 LLC, Bonnie Miskel, Esq., is requesting to abandon a portion of the 40-foot wide right-of-way located between South Federal Highway and S.E. 4th Street. This request to abandon a public alley was submitted on June 22, 2005. This abandonment is for the following platted street segment: That certain 40.00 foot wide right-of-way bounded on the north by the south line of Block 7, on the south by the north line of Block 12, on the east by the west right-of-way line of Federal Highway (U.S. Highway No.1) and on the west by the east right-of-way line of SE 4th Street, all in the ORIGINAL TOWN OF BOYNTON, according to the plat thereof as recorded in Plat Book 1, Page 23 of the Public Records of Palm Beach County, Florida. The location map attached as Exhibit "A" shows the general vicinity of the 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 and its legal description. The following is a description of the zoning districts and land uses of the properties that surround the subject request. North - Property assembled as part of the Arches development, and farther north is right-of-way for Ocean Avenue and farther north are developed properties zoned Central Business District (CBD); South - Property assembled as part of the Arches development, and farther south is right-of-way for SE 2nd Avenue; East Right-of-way for Federal Highway and father east is developed commercial properties zoned CBD; and West Right-of-way for Southeast 4th Street and the FEC Railroad and still farther west are developed commercial properties zoned CBO. 8837 Page 2 Memorandum No. PZ 05-163 ABAN 05-004 BACKGROUND In July of 1898, the Plat of Original Town of Boynton subdivision was approved, depicting streets and alleys to be dedicated for the perpetual use by the public. Southeast 1 st Avenue is an easUwest-oriented street that bisects the Arches at Boynton Beach mixed-use development. In June of 2003, Boynton Ventures 1 LLC received site plan approval for the Arches project. The original plans proposed to leave SE 15t Avenue intact. Since that time, the applicant has placed under contract to purchase, those properties that remained unassembled and apart from the original project, the remaining portion of an alley (ABAN 05-005, which is under consideration along with this proposed street abandonment), and the subject of this request, SE 1 5t Avenue and has modified the development plan to include these parcels. The applicant has the intention of vacating the 40-foot wide street to consolidate the property and facilitate the development of a mixed-use project (see Exhibit "0"- ARCHES Site Plan). As indicated on the survey, the segment of the street to be vacated measures approximately 335 linear feet, running east from SE 4th Street to South Federal Highway. All existing infrastructure within the street will be relocated or encased at the applicant's expense, within existing easements or easements to be provided. ANAL YSIS Pursuant to Chapter 22, Article III, Section 4, public notice was given to the property owners within 400 feet of the right-of-way to be abandoned and the requisite signs posted on the property. The applicant's agent has submitted an affidavit acknowledging compliance with the aforementioned regulations. 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 DEPARTMENTSIDIVISIONS Engineeringl Public Worksl Utilities - Planning and Zoning No objection wi conditions (see Exhibit "E") No objection PUBLIC UTILITY COMPANIES Florida Power and Light Bell South Florida Public Utilities Company Cable Company (Adelphia) Cable Company (Comcast) No objection wi conditions (see Exhibit "E") No objection wi conditions (see Exhibit "E") No objection wi conditions (see Exhibit "E") No objection wi conditions (see Exhibit "E") N/A RECOMMENDATION Staff has determined that the subject right-of-way would no longer serve and public purpose under the proposed Arches development plan, and therefore is recommending approval of the requestto abandon the portion of the 40- foot wide street as described above, subject to the comments included in Exhibit "E" - Conditions of Approval. This recommendation is based upon the determination that the right-of-way is surrounded by the proposed development and would serve only the applicant. Any conditions required by the Community Redevelopment Agency Board and the Commission will be placed in Exhibit "E" - Conditions of Approval. xc: Central File S :IPlannl ng\SHARED\ W P\PROJECT SlArcheslABAN 05-004 Is taft report.doc 8838 Exhibit 'A' - Location Map . 8839 0 100 200 I 400 600 800 I Feet w*, < a. . It''V .0-.....,0-,<< -1-- /T,,-.,~ "l >, I - ~. . '. , '" ,- - -~ : --. ..~ j I '_ ~_ /~ 11 I_~' 'tl:II::I !~ I! ~ . ~ --.: ~ ~ I~ . ?~ l'~ I'! ' ./ ,-- i j .' Ii. -I. ' /' l;i d-: ;~!(~! ----m---8 - I~" -m! /' f ~ I ' '. 1 I" _ . !I /y:! I~j:t-; i I .~ [J;: I ilij~~ 1'.~ _C ~r:r ., -w ~I~ ---------..;-.illH-~-.:.-- _h_n h_____ , . ~,t-~ . - -I ~m-h~ - ~ ':';':' _ ~~~~~_-_-~::-_ ------ rr________ . _ II ! ~ :P-# i' II lli ! ! !fl ! ~ ~~ I 1.1 I--- . ~ '1;1 ,..,v,.-' . E1 ~~ f-- ! - ~.. 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[.-.;;:-,.a;;::e.- ~ -~~ "~,, -~ ~~~ a , ~ III lit ... / ~~!r"'p", i"'4iM'im~' N EXHIBIT B : bi>>i>>i ~ ~~U r--T~~---- Obl ~ '" I _~ :i 5 , j I, h ( 1,,1 ~;!; i ; ~~ I~ uU~ ~~ I U I 7: ~1100 "' ! ~ 8 ~ ~ ~ I ~~ BIi'Ii' Ii' & ~ I-I ~ g g g ~ ~ ~~. ~ ~ h h ~ ~ ~ I ii' @ ~ @ ~H Jlni I~ I~~ ~~ ,VI. ~ ~ 8840 ~ 1 I I I I iii ! . ...J LL ~ ~ ..c <J CO .0) =0) c: o ..... c: ~ o 0) I I I I c: I CO , I A.. , I '- 0 I 0 fl ~. LL -gl 1 I /: ::::J. ,{ 1 , i 0 I i ....1 I i C>i i I i ~I i C' i ro I i -I il 0.' I 11 II 1 0) I i :!: i en i i i i i I j' j -.---. en 0) ..c <J '-I <C' (l) ..c I- . I-~ ~, -. '- . , ~ ~~ ~ e ~~ ,\,' ;( ~~C'~ :>:: ~ .. SJ " <.. E{j " ~ ~ 2>i V7 -~- om' -. . , - . ~g ! ~~ ~s ~~3W7~ - -~~~.. I EB8' W --""':>~ "l ~ ... ~ - ~~~' 8EB' ~ '~ . B!~B BCd~[jjD '" t ; .L s- AI?"'''''' ~ I I .."h=lR~RR~' : ~' ~ ~~I .. tdtd t=ttd i; ~t .. 378]' Y7~d ^ffi13,A~3C7~, I Ill' ~ III ~ ~ ~ ... ~ <:l .... '" ~ .... .... " .... .. , , -~I- I I ! jJ 111 '\ ~s , , ',/i " ! . 1 h ll.'11 EXHIBIT C ~ , "~ ~~ir) ~ ~ 6'O:J~ ..~iH ~ ~~~~ Q...-.l..I::.t ~ ~~~ ~ .) .. o . .LS - ;~ 1- ~I - , .LS- JNld ~J"-- ;1 ~ ~ . ~ Wi ~:.l : ~:~j n~~ ~:.: r I; .."; Hn ; ~ f! ~ of" ~.: :tr :.,....:!, ~ I;;' ;-:-~t ; 'l'f~ ~ w.; : . t' f- ~~ ..a' . j,oJ.'n'('l iJ j~" :c.t ... ;iJ~ ~)"( ~r 1~~ ~ 1 f .; i i !: j ':;(, ~" j ~ i ~ 11 ! :w l ~ ::;.. ~. ! 1 I . l , I~; " l~ If" . <:> s: l\ I oj : :l I I 1 ~: ( ~e~;l~t !..~ ~ !I:" "" ~.!; :\1 ! ~ .) ~ ~ t' :-~ , 'f F tj:~ ..) l~~;~ 1I~1~ i:~;~ ."'''; Ji~:; ~ ~~ ~ o . ~ ~.;~ ~ -1 l"-; i~ ill- .;j o'I~ ~ ~ ( ..... ~! !,!' ';;U ;-;-; @'I~ : 1 vo .J .r . I" \ '. l<;!..}~ '; II 0 H.-q ,~q d .;t!a-;. t [s.' j 8 h', ~,~ ~,~~} .'~I '1 ~~~~f !1~9-v' \ t ' I, . " I\; ~ ~ ~ ; ~. . - ! ., (,. ~ t' It~ tJ, ,~.1..' ih~ 'I!~ !(~~.\'\ I >>''Il III If" ' 111 l~ ~ l.~~ , . It..~ ( l';'j~1 t ~ t t:-: 8841 ~ il EXHIB,-r ~ SKETCH OF DESCRIPTION A PORTION OF SE 1ST AVENUE TO BE V ACA TED s.c. 4th STRE:E.l [CENTERUNE ORIGINAL TOWN OF BOyNTON- l---~ '8[:G'''' ..rn,,~r- - (PB 1 PG 23 PBeR) ORIGINA.. b . WEST lIN" , , Jli;,ST lINc-, q Jj, L "T 8 BLk' 7, _ E lllGHI=o\,:.~lK -'.:L ~ ~ NDCr02 'oq"E v ~ ~ w:r :~o, -wp, ~t800E~hMENT (ORB 4355. PC 8ge pa::" , - I \ ~~~=E~~' BU< 7 eb~NffIG ce, ~ -<7 >. <Y / <Y-.. /0 -~~ < ~. \""/;4.- "",' '~~ / SCALE: 1 "=50' e,:, CJJ SURVEY NOTES: 1. THIS IS NOT A BOUNDARY SURVEY. 2. BEARINGS SHOWN HEREON ARE ASSUMED AND ARE RELATIVE TO THE WEST RIGHT OF WAY LINE OF FEDE HIGHWAY. SAID LINE BEARS SOUTH - 00.02'09" WEST. 3. LANDS SHOWN HEREON WERE NOT ABSTRACTED BY SHAH, DROTOS & ASSOCIATES FOR RIGHTS-OF-WAY, EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD. G L /. /" ~:YO 'OM ( ~ 'lJ/ ~ C~~ _ -----n- c; C v/" !Ii ~ "' .,,-- ~, r<. C'oj 0.j ~ () 0 ....J I w z :J ~ 0:: 0 Z / / D. ROSE NAL SURVEYOR AND MAPPER flORIDA REGISTRATION NO. 3998 R=12.00L 0-89.01 '36- L=18.6S' "7 EST RIGHT-OF-\ WAY UNE SOC -~--_._--- _ CRIGI~i.- . , , . EP5T UNc 51.8f? ' -, ---.L LO~ ---scxr02,'09"W '--- - -- ---t!NlESS IT BEARS THE SIGNATURE i 'c. ADDmONAL c,GH'-or-WA, AND THE ORIGINAL RAISED SEAL OF -(ORB 5€8. PC K OBep) A FlORIDA LICENSED SURVEYOR AND FEDDIAL HIGWW~s. HIGHWAY NO. , MAPPER THIS MAP IS FOR AND STAlE" I NO. 6 INFORMATIONAL PURPOSES ONLY ~~J~~E~O~:~JAD~~~~0598AOO\SKETCHES\og~~-cF"r) AND IS s~~V~L1~F 2 SHEETS ~\. A SHAH I ENGINEERING ~..::>).I..-Jl;.:':l.. DROTOS SURVEYING & Ass 0 C I ATE 5 PLANNING CERTIF'ICATE OF' AUTHORIZATION NO. L8 6456 MDR 3410 N. Andrews Avenue Ext. Pompano Beach, FL 33064 CHKD 8842 PH: 954-943-9433 . FAX: 954-783-4754 i l' SKETCH OF DESCRIPTION REVISIONS MDR DWN 06/01/05 DATE FB!PG EXHIBIT D LAND DESCRIPTION PORTION OF S.E. 1ST AVENUE TO BE VACATED That certain 40.00 foot wide right-of-way bounded on the north by the south line of Block 7, on the south by the north line of Block 12, on the east by the west right-of-way line of Federal Highway (U.S. Highway No.1) and on the west by the east right-of-way line of S.E. 4th Street, all in the ORIGINAL TOWN OF BOYNTON, according to the plat thereof as recorded in Plat Book 1, Page 23 of the Public Records of Palm Beach County, Florida, being more particularly described as follows: COMMENCING at the southwest comer of Lot 8 in said Block 7; THENCE South 88.59'27" East along the south line of said Block 7, a distance of 5.00 feet to the POINT OF BEGINNING; THENCE continuing along said south line, South 88.59'27" East, 335.01 feet; THENCE South 00.02'09" West, 51.80 feet to a point of cusp on the west right-of-way line of Federal Highway (U.S. Highway No.1, State Road No.5); THENCE northwesterly along the arc of a curve concave to the southwest, having a radius of 12.00 feet, a central angle of 89.01'36", an arc distance of 18.65 feet to the point of tangency; THENCE North 88.59'27" West, along the north line of said Block 12, a distance of 323.21 feet to the east right-of-way line of S. E. 4th Street; THENCE North 00.02'09" East, along said east right-of-way line, 40.01 feet to the POINT OF BEGINNING; Said lands lying in the City of Boynton Beach, Palm Beach County, Florida, containing 13,430 square feet (0.308 acre), more or less. LAND DESCRIPTION PREPARED BY: SHAH, DROTOS & ASSOCIATES 3410 N Andrews A venue Extension Pompano Beach, Florida 33064 Prepared by: MDR Checked by: MDR Project No.: 02-0598A File Name: X:\cad\survey\0598AOO\Sketches\0598V ACA. SE 1 AVE June 1, 2005 SHEET 1 OF 2 SHEETS 8843 EXHIBIT "E" Conditions of Approval Project name: The Arches File number: ABAN 05-004 Reference: Street Abandonment I DEPARTMENTS I INCLUDE I REJECT I PUBLIC WORKS- General Comments: None PUBLIC WORKS- Traffic Comments: None UTILITIES Comments: I. All existing City utilities (water, wastewater and stormwater conduits) must be relocated or encased to continue their functional purpose in the area. 2. All other utility services within this corridor shall be relocated at the applicant's expense. FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: 3. The abandonment of this 40-foot street right-of-way shall be so designated on a new boundary record plat to reflect the same. BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENT ALIST Comments: None 8844 Conditions of Approval 2 I DEP ARTMENTS I INCLUDE I REJECT I PLANNING AND ZONING Comments: None PRIV A TE UTILITIES Comments: 4. Adelphia has no objection to the abandonment as long as Adelphia facilities are granted the proper easements and any relocation of facilities are at the expense of the applicant. 5. Florida Power & Light has no objection to the abandonment contingent upon the following conditions: a) FPL acquiring all additional easements for any and all existing or proposed FPL facilities necessary to service any and all existing and proposed future construction requiring electrical service at the abandoned site. This includes but is not limited to ten (10) foot easements adjacent to both sides of all major thoroughfares. b) Written approval of the City of Boynton Beach and FDOT is required for the removal of any of the streetlights. c) Any and all cost resulting with the relocation or removal of FPL facilities, due to said abandonment, are to be paid by the applicant. 6. Florida Public Utilities Company has no objection to the abandonment contingent upon the following conditions: a) All related relocation expenses will be paid by the party requesting the abandonment by the date specified by Florida Public Utilities Company. b) A separate easement must be granted to Florida Public Utilities Company within the referenced area. All related easement expenses will be paid by the party requesting the abandonment by the date specified by Florida Public Utilities Company. 7. Bellsouth has no objection to the abandonment as long as Bellsouth facilities are granted the proper easements and any relocation of facilities are at the expense of the applicant ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 884S I DEPARTMENTS I INCLUDE I REJECT I 1. To be determined. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:\Planning\SHARED\WP\PROJECTS\ARCHES\ABAN 05-004 (Strcet)\COA.doc 8846 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Arches APPLICANT'S AGENT: Kim Glas-Castro / Bonnie Miskel of Ruden McClosky APPLICANT'S ADDRESS: 222 Lakeview Drive Suite 800 West Palm Beach, FL 33401 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 6,2005 TYPE OF RELIEF SOUGHT: Request to abandon that portion of Southeast 1st Avenue located between Federal Highway and Southeast 4th Street. LOCATION OF PROPERTY: SW corner of Ocean Avenue and Federal Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. TH I S 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: 5847 City Clerk S:\Planning\SHARED\WP\PROJECTSIARCHES @ BBIABAN 05-004\DO.doc DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 05-162 0: Chair and Members Community Redevelopment Agency Board THRU: Michael W. Rumpf Planning and Zoning Director FROM: Ed Breese ~ Principal Planner DATE: August 18, 2005 SUBJECT: Abandonment of a portion of the 20-foot alley (also known as SE 1st Place) lying adjacent to Lots 6 - 9, together with the south half of said alley lying north of Lot 10, all in Block 7, ORIGINAL TOWN OF BOYNTON Plat. (ABAN 05-005) NATURE OF REQUEST The agent for Boynton Ventures 1 LLC, Bonnie Miskel, Esq., is requesting to abandon a portion of the 20-foot wide alley located between S. Federal Highway and S.E. 4th Street. This request to abandon a public alley was submitted on June 22, 2005. This abandonment is for the following platted alley segment: A portion of that certain 20.00 foot wide alley lying adjacent to Lots 6 - 9, together with the south half of said alley lying north of Lot 10, all in Block 7, ORIGINAL TOWN OF BOYNTON, according to the plat thereof as recorded in Plat Book 1, Page 23 of the Public Records of Palm Beach County, Florida. The location map attached as Exhibit "A" shows the general vicinity of the 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 alley to be abandoned and its legal description. The following is a description of the zoning districts and land uses of the properties that surround the subject request. North - Property assembled as part of the Arches development, farther north is right-of-way for Ocean Avenue and farther north are developed properties zoned Central Business District (CBD); South - Property assembled as part of the Arches development, farther south is right-of-way for Southeast 1 st Avenue and farther south is additional property assembled as part of the Arches development; East Right-of-way for Federal Highway and father east is developed commercial properties zoned CBD; and West Right-of-way for Southeast 4th Street and the FEC Railroad and still farther west are developed commercial properties zoned CBD. 8848 Page 2 Memorandum No. PZ 05-162 ABAN 05-005 BACKGROUND In July of 1898, the Plat of Original Town of Boynton subdivision was approved. It included several 20-foot wide alleys dedicated to the perpetual use by the public. The historical configuration of Block 7 of the Original Town of Boynton subdivision provided the lots with frontage on E. Ocean Avenue and SE 151 Avenue. A twenty (20) foot wide alley dissects Block 7, extending east to west, as depicted in Exhibit "C". In June of 2003, Boynton Ventures 1 LLC received abandonment approval for those portions of the 20-foot wide alley directly abutting the properties under their ownership. Since that time, the applicant has placed under contract to purchase, the remaining parcels abutting the alley, and has modified the development plan to include these parcels and the remaining portion of the alley. The applicant has the intention of vacating the 20-foot alley to consolidate the property and facilitate the development of a mixed-use project (see Exhibit "0"- ARCHES Site Plan). As indicated on the survey, the segment of the alley to be vacated measures approximately 100 linear feet, running east from SE 4th Street (for the full 20 foot in width) and then the south half (10 feet) continues for an additional 50 feet to the east. All existing infrastructure within the alley will be relocated at the applicant's expense, within existing easements or easements to be provided. A twelve (12) foot wide utility easement will be dedicated to BellSouth for their underground conduit, which is slated to remain in place. ANAL YSIS Pursuant to Chapter 22, Article III, Section 4, public notice was given to the property owners within 400 feet of the right-of-way to be abandoned and the requisite signs posted on the property. The applicant's agent has submitted an affidavit acknowledging compliance with the aforementioned regulations. 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 DEPARTMENTSIDIVISIONS Engineeringl Public Worksl Utilities - Planning and Zoning No objection wi conditions (see Exhibit "E") No objection PUBLIC UTILITY COMPANIES Florida Power and Light Bell South Florida Public Utilities Company Cable Company (Adelphia) Cable Company (Comcast) No objection wi conditions (see Exhibit "E") No objection wi conditions (see Exhibit "E") No objection wi conditions (see Exhibit "E") No objection wi conditions (see Exhibit "E") NIA RECOMMENDATION Staff has determined that the subject right-of-way would no longer serve a public purpose under the proposed Arches development plan for which it was intended, and therefore is recommending approval of the request to abandon the remaining portion of the 20-foot wide alley as described above, subject to the comments included in Exhibit "E" - Conditions of Approval. Any conditions required by the Community Redevelopment Agency Board and the Commission will be placed in Exhibit "E" - Conditions of Approval. xc: Central File S :\Plannlng\SHARED\ W PIP ROJ E CTSlArcheslABA N 05-005\staff report doc 8849 8850 Exhibit 'A' - Location Map o 100 200 I 400 600 800 1 Feet w.' < EXHIBIT B N lIi'tlilli . kli tlI bI I .. tU j 5 ! - t 1 1 r f I luul ~. it ! IJJ)I 11- h ! I g - J J r l5 ? i!' z ~ ~~: ~ SIP ~ ~ i'i~ ~ u ~ el'1 ~ I i ~ ~ f ~ g i ~ ~ I!' B!i!i !i g => 1'1 I"~ s g ~ ~ ~ I. nhh~~ ~ I ill @ ~ ~, (~H Jln: " 'OJ I" :i' ~ ~ ~~ 1/ :i Sl: ~ ~~ ~ d 1 I 00 ------- L -- -- -- - - - - - - - - - - -- - - - __ _ _ -1 V ~ ! I -~-~1~ I ! I II I I ~- il! ~l =~J. ..... T" I ] I . J:::I ]1 I, iii ~ . ....J U. .. II .c: o co .Q) .(Q C o ..... c ~ o en c co a.. '- a o LL' -gl ::::J, Q' L..I (!)! I cl co -I a.. , Q) ~. en en Q) .c 0 '-I , <( ;1 ~I N Q) I .c 8851 I- - 8 v~ ~ ....... )- ~ ~ a ~~ K LJ '..~ >. 'I< < ~ ~~I."~ ~ ~ ~: ~ EXHIBIT C J:><V7 -~' .. ~ ~ l=d~ O...l-L3W7V"d - - - """'-",=1 8 EB Ed " ;: .m> rl ~-'s'--'7 '-<7/.vo~' I' :::. ~ ~ "l ~ ~ ~ :!: ~' ... ... ... , .. '~. : ~: : : ~~E-Elb .::~:~! . N';d I. ':1: ~ [11 , 3:>UJ"'7; Affi1]'~'?(7 tIJ' I 'lI ~ III I ~ 'l\ ~ .. ~ ~ :::. ~ .;;; lu , --1- I J i - .....:'1 i ' ... I ~ ~5 ~ ~ S '\ JNld ~l' ~l' J , I ~ 11 ~l !J} ~ t ~. ~ 3~: 11 I l' l~ " ~~ It .~ I" 1C I ~ j. " ' ~ e ~ ~ i I t ( ~, i , " ~ '" J ' ' i 1",~" ~ ~\ 0 , / J'l ' 'i' q " ' ,) t ' d~i. ~ > l/Y ~ , i < > . I, '(!I~,~, l ( 1,. '. ~J' "t "" t ~ ~' ; i . ~ 1\ ~ ~ ~:' \ ,. ~ ~ ~ '} ~~l'~ ~ 6''''~ " ~~~t ~ c~~~ ll.....J ~ t:l' Q'-l~:tt ~~~u~ Q ~ ~ j1 ~, ~5 ~ .. . ~ H:i ~;l : ; :~j nt~ .. . l:3 r L:';:; " -1. IW ~ -c-' J :t;"" ~i;i ; -r-:i ~ ~:~ ~ ~.'\ :p" ~~q ;'0",. iJl~'" :C.'( .... ;1J1 ~..I" ;{! i J~ ;~f "')1 ! : ~ - - 1- ~I ... , r I ~~'-- ;1 \ 1 ~{ J:J ",1l11d~ 1U~!I~'~,\:\ I ''''~ lIUI!'~ . III ^; 1\" :! lj,~i .,' , ~ ) . I . ('II ~ ~"I~1 t \ t" J r.~ ~ II:" '" ~;... ~ ,~ l~;: iT j~~, .~.c !ii;~ Im~ Wt ~,; ~ ;~1 )' n-- ~~ p~! . x oIf<J-: :!t ....., ~~ J;j@_,;\ ; l ". ., 8852 EXHIBIT 0 SKETCH OF DESCRIPTION PORTION OF 20' ALLEY IN BLOCK 7 TO BE V ACA TED ORIGINAL TOWN OF BOYNTON (PB 1, PG 23, PBeR) . fCENTERUNE_ S.E. 4th STREET WEST LINE ~8 E RIGHT-OF- I . WAY UNE I LOT 8\ ~ ---- - --- 0% :/;; NOO.02'09"E SCALE: '-=4 o WEST LINE LOT 7 " --'- POINT OF BEGINNING SW CORNER LOT 7, BLK 7 OJ f'.- , ------ --J ~ ~I i!L ~J "'tll ~ ~~ ~ I" ]~ en c.D 500"02 '09 "w 10.00' i.D ORIGlf<AL TOWN OF 80YNTOf~ HOLY EXTENSION ELINE-LOT 10 500.02'09' I I ~I 10.00 I ~ ~ l(:j 1= 0.1 q L " C V ,::l :n Lt) u \J 1\ <(o~ Iu... 12 t"') j o ct:: ell ]l~ ~ ~I~ ~ ~ cb gl~ ~Io ~ ~ ~ ~ a. ~ or-jkJ ~I"'~~~ ~ u o~ -- - - - - ~~~iL i : Ii I 8853 PROJECT NO: 02-0598A.ocf'J I "i FlLE NAME: X:\CAD\SURVEY\0598AOO\SKETGHES\0598VACA ---, I / I --SU R\fEY tmTEs: --.-J 1. THIS IS NOT A BOUNDARY i SURVEY. 2. BEARINGS SHOWN HEREONi AR!:: ASSUMED AND ARE RElATIVE TO trHE WEST RIGHT OF WAY UNE OF, FEbERAL ~ HIGHWAY. SAID UNE BEARS SOLffi-l O()"02'09- WEST. 3. lANDS SHOWN HEREON WERE. NOT ABSTRACTED BY SHAH. DROTalS & ASSOCIATES FOR RIGHTS-OF..!.WAY, ~NfRSHIP.-eRlOTHER INSTRUMENTS OF RECORD. I , i I FO iTHE FIRM, BY: , i :1), N 1') MDR oe/01/05 OWN DATE FB/PG MIC L D. ROSE I PROFESSIONAL SURVEYOR. ANI> MAP~P _ --FLORIDA BEGJS1EAIlO~. 3996 : : UNLESS IT BEARS THE SIGNATURE AND iTHE ORIGI RAISED SEAL OF A FLORIDA UCENSEO SURVEYOR AND PER THIS MAP IS FOR INFORMATIONAL PURPO~ES, ONLY AND IS NOT VAUD I SHEET 2 OF1 2 SHEETS o i ~ A SHAH I ENGINEERING OLAC:L DROTOS SURVEYING & A 5 5 0 C I ATE 5 PLANNING CERTIFICATE OF AUTHORIZATION NO. L8 6456 3410 N. Andrews Avenue Exl. Pompano Beach. Fl 33064 PH: 954-943-9433 . FAX: 954-783-47.4 SKETCH OF DESCRIPTION REVISIONS MDR CHKD EXHIBIT 0 LAND DESCRIPTION PORTION OF 20 FOOT WIDE ALLEY (5. E. 1 st PLACE) TO BE VACATED A portion of that certain 20.00 foot wide alley lying adjacent to Lots 6 through 9, together with the south half of said alley lying north of and adjacent to Lot 10, all in Block 7, ORIGINAL TOWN OF BOYNTON, according to the plat thereof as recorded in Plat Book 1, Page 23 of the Public Records of Palm Beach County, Florida, more particularly described as follows: BEGINNING at the southwest comer of said Lot 7; THENCE South 880S9'27" East along the south line of Lots 7 and 6, a distance of 100.00 feet to the southeast comer of said Lot 6; THENCE South 00002'09" West along the southerly extension of the east line of said Lot 6, a distance of 10.00 feet to the centerline of said 20.00 foot wide alley; THENCE South 880S9'27" East, along said centerline, SO.OO feet to an intersection with the northerly extension of the east line of said Lot 10; THENCE South 00002'09" West, along said northerly extension, 10.00 feetto the north line of said Lot 10; THENCE North 88.S9'27" West, along the north line of said Lots 10, 9 and 8, a distance of 1S0.00 feet to the east right-of-way line of Southeast 4th Street; THENCE North 00.02'09" West, along said east right-of-way line, 20.00 feet to the POINT OF BEGINNING. Said lands lying in the City of Boynton Beach, Palm Beach County, Florida, containing 2S00 square feet (0.OS7 acre), more or less. LAND DESCRIPTION PREPARED BY: SHAH, DROTOS & ASSOCIATES 3410 N Andrews Avenue Extension Pompano Beach, Florida 33064 Prepared by: MDR Checked by: MDR Project No.: 02-0S98A File Name: X:\cad\survey\OS98AOO\Sketches\OS98V ACA. WEST. WPD June 1, 200S SHEET 1 OF 2 SHEETS 8854 EXHIBIT "E" Conditions of Approval Project name: The Arches File number: ABAN 05-005 R f All Ab d e erence: ey an onmen DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None PUBLIC WORKS- Traffic Comments: None UTILITIES Comments: 1. All existing City utilities (water, wastewater and stormwater conduits) must be relocated to continue their functional purpose in the area. ") All other utility services \vithin this corridor shall be relocated at the ..... applicant's expense. FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: 3. The abandonment of this 20-foot alley right-of-way shall be so designated on a new boundary record plat to ref1ect the same. BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENT ALIST Comments: None I 8855 Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT PLANNING AND ZONING Comments: None PRIV A TE UTILITIES I Comments: I I I 4. Adelphia has no objection to the abandonment as long as Adelphia facilities are granted the proper easements and any relocation of facilities are at the expense of the applicant. 5. Florida Power & Light has no objection to the abandonment contingent upon the following conditions: a) FPL acquiring all additional easements for any and all existing or proposed FPL facilities necessary to service any and all existing and proposed future construction requiring electrical service at the abandoned site. This includes but is not limited to ten (10) foot easements adjacent to both sides of all major thoroughfares. b) Written approval of the City of BOynton Beach and FOOT is required for the removal of any of the streetlights. c) Any and all cost resulting with the relocation or removal of FPL facilities, due to said abandonment, are to be paid by the applicant. 6. Florida Public Utilities Company has no objection to the abandonment contingent upon the following conditions: a) All related relocation expenses will be paid by the party requesting the abandonment by the date specified by Florida Public Utilities Company. b) A separate easement must be granted to Florida Public Utilities Company within the referenced area. All related easement expenses will be paid by the party requesting the abandonment by the date specified by Florida Public Utilities Company. 7. BeIlsouth provisionally agree to Statement of No Objection to the proposed abandonment subject but not limited to the following conditions: a) A utility easement will be provided to support Bellsouth's main conduit system that is underground through the existing alley. b) Relocation costs to rearrange existing telecommunication lines in the vicinity of the project. c) Bellsouth will require conduit structure for future cable 8856 I DEP ARTl\'lENTS I INCLUDE I REJECT I placements under an area of the proposed project where construction of conduit would not be practical after completion of the Arches project. d) Vehicular access to the area where the existing Bellsouth manhole is located twenty-four hours/seven days a week. This access must have a width of not less than fifteen (I 5) feet. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 1. To be detem1ined. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S.\PJanningISHARED\WPIPROJECTSIARCHESIABAN 05-005 \Allcy)ICOA.doc 8857 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Arches APPLICANT'S AGENT: Kim Glas-Castro / Bonnie Miskel of Ruden McClosky AGENT'S ADDRESS: 222 Lakeview Drive Suite 800 West Palm Beach, FL 33401 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 6,2005 TYPE OF RELIEF SOUGHT: Request to abandon that portion of an alley (Southeast 1st Place), located immediately east of Southeast 4th Street. LOCATION OF PROPERTY: SW corner of Ocean Avenue and 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 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: 8858 City Clerk S:\Planning\SHAREDlWP\PROJECTS\ARCHES @ BB\ABAN 05-005 Alley\DO.doc DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 05-164 TO: Chair and Members Community Redevelopment Agency Board THRU: Michael W. Rumpf Planning and Zoning Director FROM: Ed Breese ~ Principal Planner DATE: August 22,2005 SUBJECT: Abandonment of portions of the following rights-of-ways abutting the Arches of Boynton Beach development that are improved with sidewalks. SE 2nd Avenue, Ocean Avenue, South Federal Highway and SE 4th Street. (ABAN 05-006) NATURE OF REQUEST The agent for Boynton Ventures 1 LLC, Bonnie Miskel, Esq., is requesting to abandon the sidewalk portions of the following rights-of-ways abutting the Arches of Boynton Beach development: SE 2nd Avenue, Ocean Avenue, South ~ederal Highway and SE 4th Street. This request to abandon was submitted on June 22, 2005. I he location map attached as Exhibit "A" shows the general vicinity of the rights-of-way (sidewalks) to be abandoned. The attached Exhibit "B"- "Proposed Abandonment" shows the location of the subject property and includes a detailed location of the sidewalks to be abandoned and their legal description. The following is a description of the zoning districts and land uses of the properties that surround the subject request. North - Right-of-way for Ocean Avenue and farther north are developed properties zoned Central Business District (CBD); South - Right-of-way for Southeast 2nd Avenue and farther south are developed properties zoned Community Commercial (C-3); East Right-of-way for Federal Highway and father east is developed commercial properties zoned CBD; and West Right-of-way for Southeast 4th Street and the FEC Railroad and still farther west are developed commercial properties zoned CBD. BACKGROUND 8859 In July of 1898, the Plat of Original Town of Boynton subdivision was approved, depicting streets and alleys to be dedicated for the perpetual use by the public. Public sidewalks were designed into the right-of-way of these platted 1ets. In June of 2003, Boynton Ventures 1 LLC received site plan approval for Arches project. The original plans \o,..J not propose the abandonment of any sidewalks. Since that time, the applicant has gained control over all of the properties bounded by the four streets mentioned above, made application for abandonment of the remaining portion of an alley (ABAN 05-005, which is under consideration along with this request), made application for abandonment of SE 1st Avenue (ABAN 05-004, which is also under consideration along with this request) and Page 2 Memorandum No. PZ 05-164 ABAN 05-006 submitted for a Major Site Plan Modification (MSPM 05-008) incorporating these and other changes to the approveLo site plan (see Exhibit "0"- ARCHES Site Plan). According to the applicant, "The requested vacation of the sidewalks will allow the redevelopment effort to include widening of the pedestrian amenities with plazas, covered arcades and expanded pedestrianways. These pedestrian-oriented facilities could not otherwise be improved within the public right-of-way'. The applicant goes on to say, "The requested vacation will not prevent other property owners from access to and from their property, will not restrict pedestrian access along the subject roadways, and will not adversely impact other properties". ANAL YSIS Pursuant to Chapter 22, Article III, Section 4, public notice was given to the property owners within 400 feet of the right-of-way to be abandoned and the requisite signs posted on the property. The applicant's agent has submitted an affidavit acknowledging compliance with the aforementioned regulations. 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 Recommendation to Denv Recommendation to Denv Engineering states that, "Attempting to create any partial roadway abandonment such as these would set a' extremely bad precedent for the City, and be difficult to justify." Planning and Zoning is additionally concerned over the requested abandonment setting precedent. One of the reasons for req uesting the abandonment, as verbally communicated by the applicant's agent, is to increase the size of the parcel in order to accommodate additional dwelling units on the site. Staff believes as many as 20 additional dwelling units could be constructed as the result of these sidewalk abandonments. The applicant has submitted a site plan depicting 378 units, which would be reduced to approximately 358 dwelling units if the sidewalk abandonments are not approved. Planning and Zoning staff disagrees with the applicant's assertion that the abandonment of the sidewalks facilitate the "widening of the pedestrian amenities with plazas, covered arcades and expanded pedestrianways". Staff, as a condition of approval in the Major Site Plan Modification being processed with these abandonments, required that sidewalks, plazas and pavered spaces be Hollandstone pavers, of a red / charcoal color mix by Paver Systems Inc. or equal, laid in a 45 degree herringbone pattern to continue the design elements in place in the City streetscape. By utilizing these pavers, the public area flows into the private area seamlessly, providing the appearance of "wide pedestrian amenities", alleviating a need for the sidewalk abandonments. Additionally, staff has taken into consideration, in its review and recommendation of abandonment requests, whether the right-of-way (street, alley, sidewalk, etc.) continues to serve the public purpose for which it was originally intended. Staff finds that public sidewalks at the periphery of a project and along three (3) City streets does serve a public purpose. Staff has conveyed our viewpoint in this matter to the applicant's agent, who has indicated that they would be willing to grant the City an easement back for sidewalk purposes. The simple fact that the applicant would grant the City an easement for sidewalk purposes underscores staffs position that the right-of- way for the sidewalk is necessary and continues to serve a public purpose. 8860 Since public rights-of-way can be improved by a developer through an agreement with the City in lieu of the abandonment process, it would appear as though the underlying purpose for the sidewalk abandonment requests is to increase the number of developable residential units on the property. Again, this could set a precedent for future projects to maximize the number of buildable units through the use of property dedicated for public purposes. Page 3 Memorandum No. PZ 05-164 ABAN 05-006 PUBLIC UTILITY COMPANIES Florida Power and Light BellSouth Florida Public Utilities Company Cable Company (Adelphia) Cable Company (Comcast) No objection wi conditions (see Exhibit "E") No objection wi conditions (see Exhibit "E") No objection wi conditions (see Exhibit "E") No objection wi conditions (see Exhibit "E") NIA RECOMMENDATION Staff has determined that the subject rights-of-ways continue to serve the public purpose for which they were intended, and therefore is recommending denial of the request to abandon the sidewalk portion of the streets described above. Should the Community Redevelopment Agency Board support, and the Commission approve the request, any conditions associated therewith will be placed in Exhibit "E" - Conditions of Approval. xc: Central File S:IPlanningISHAREDIWPlPROJECTSlArchesIABAN 05-0061staff report.doc 8861 Exhibit 'A' - Location Map . 8862 o 100 200 I 400 600 800 I Feet ..~, < EXHIBIT B N " "iii iii .' . iii .. J! 5 w I - _ 5 I J J '. II I !I n ~ I I I!I 2 '- ~ I I~ !r i H! .il ~ II Ii Ii I U Sn~h~~ I ~ I. n., 71_!100 @~@~HI '11h I' fir I I ..._.._.._..j I I ---~ '___ ' - I ~I. '-I. .~T - ;r~~ H_H~ ~ ~E( L S 'l~ il ~ . . ~!i . I do!. ~ 1m ~t;; ~(~ i - ___n_n. _ .-~ ~ .. -' I ) ~ ~ I I 'L ~ I." jl l. I,~ -t : i I i~. Iii i ~ ~ B I a C" ~-r.''''' " li.!' 0 do!. I'-I'~ ~';J;l-':b- r _ ii-.i':, tti~::~:::: :,~ .! ~ I-",LI "r [;~ I I ..--- --l-... . I I 7' ~ s:"ii~ II 1,,_ ~ I ---I - :;!Il~f.- I{:l ~lt I!~ - ~: c~ I do!. Iii I ~~ ~ ~t;~ ~ 0 ~ I jl . 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J p'H~ f .Ji~~ W~.f- H~: . ,,~... i::~ i;n : ~:l ~ ,.lt1 ",!" f" ~ ;' 11-' il: ;j f ~T "'~: .!!t ...., :.~ r~J; @" U1U :~1 P-~ ., ~ f' fl' j ~ i t ~~ I :11 I ~ ~,~'. ~, i~ I : l 'I~ '"' l" It.. . s: i\ d,: : ~t ~ "I' It t ~ r t ~ s " ; IJ ~~. ~.l< " \tI'14:~!~ ., 'I' t' i i ,;!: t-:, f:\' ,~, ~;l;~'j\;lQ In n '1;~~1tJ' 1[,I~';'l\; ~ t ~ . ~ , I:: ~ ~ ' . , .". t" " If~ tj. .~,l.,' 'I hJ" '1!' ~~"~ ! 'H'~ II ~{~~ . ldl:r.t\i\ , t!pl~t ~ t" 8864 '" . .~~ ll;~~ . .... ~H5 ..~ EXHIBIT 0 Sf 2nd A VfNue ($I)' _r-or-WAY) r.); ! t I .l i' ~ 'r, ig " I r ~ '" ~~ ! w':s! ~ dl ~ ,I "/ ~ I 1E F 81 ~ ~>~i ~~~~.~m~lllREe~ j : siiiiiiiiiiiiiii I I~:I II III II; I i I l~ I I I I .C'ian IfUI 8 c:: 'I rij'i-l ~, i~ i~ Ih, J: ~ ~~ : ~ ~ .... l! I;) ~',:.,'~ l:'l ~_';L C) !::l ~ l;l .., ~ ~. ~ ~ r./, 0( \Jt ~ ~ ~ ...., ;.. ~ ~.. ,. I , I Sf 'sf AVCHlIc (AO' _-or-WAy} ~ <> ~ ...,. II' 1.1. 1I1111'IIUl n I~I II I; ! II~ I I I r '" '- -- $I: ,., """ ~'- I I I I I I lil I I 11, ~I I r. ~~I ! ?l.. I , \ I d, . ' .?~ ~tl:~ t::~~ '!:i . ~ r! L II! III~ ~ IIJ~lll~ I illl' '.1 .1 @!I hi i ~111'lf ~ !d i ~lltilaj . II. ;1_ ~II Illi. ut ~ :1. I i fol. ~I I~I ; lit' i, II: II!!-Ij ~ i i.. THE ARCHES AT BOYNTON BEACH I : SKETCH Of DESCRIPTION 1I .. ORIGINAL TOWN Of BOYNTON SCCTlOH 21. _ ., soum. _ .~ [A$T ; ! ! ! ! ~~~?S I=- I( e I --....lII3<lUW'IFI'IlIuc.....'...H ~ "'to .. ,.,...... ....... bI . ,.,.... ....... n. JJOI4 rNr tl4-NJ-t4JJ .'AX. M&-7IS-I7N u JIJ.2J' ''', ',.'/,' r0.9.58' I I I If, ,-,\) .d 1 ,L' I I I ;.\ .i" t ! .1..( ^" . ..I ~ <r: " , J III III II: III ill III ' 11'( III, ,. !:f- . " ,(, " (' I -----. I f ~:,'~' ,y:.~.' ,t .,.-.f '.' ',~ I I , I I I, I C' ..u o ~ I I ,. 1"1 I I I I 1-') I r.l .., . ,. Pro '"10 ~'~ g 9 '3 ~ I I I I I - - I o 1,) ~ r~ ~ , I I I I I ~ ': ! ~ ~ ~ Wi" " '~ ~ / ,,~ ' .- N88"S9'27"W JJ6.8J' ..r~',.l..!"'~ OCUJ! ,AVCNue ($D' _-or-WAY) ,'/// 8865 i l;) , I . ! 'H!I ;,.cr~1 q~~' ..~ P:l, ~) '0;1 ~~ ~9 l' , ~ - 1 f}.(~;: '~"- 1 I I I I I I I I I I I I 'r,' I '1'1 I .'.~ I Ii'" I '!'1 1 II~ I \.0 .4 III : f;; I!~~)l; ~ ~~~I ')1 ~Ol 'i Si~1 " I~I 1!1~1 g~1 "i I .... I I I ~~ ~l IF ~ l;l ~ N8iljO;7+ , I ~ ~ ~ I I '.,/. ,<. I . I~~ I !'l ~~ ~.. '~I \. . . ~ ~ ~ I I I I I I T ~'~:( -'? I 1 I f I I ,;lI il ;~ ;1 ... I r EXHIBIT 0 . LAND DESCRIPTION RIGHT OF WAY VACATION ARCHES AT BOYNTON BEACH PORTIONS OF SOUTHEAST 4TH STREET, SOUTHEAST 2ND AVENUE, OCEAN AVENUE AND FEDERAL HIGHWAY (U.S. HIGHWAY NO.1, STATE ROAD NO.5, LYING ADJACENT TO BLOCKS 7 AND 12, ORIGINAL TOWN OF BOYNTON, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 23 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND BLOCK 12, ORIGINAL TOWN OF BOYNTON (REVISED PLAT), ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 15, PAGE 18 OF SAID PUBLIC RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID BLOCK 7; THENCE SOUTH 00002'09" WEST ALONG THE WEST LINE OF SAID BLOCK 12, A DISTANCE OF 312.55 FEETTOA POINT ON THE ARC OF A NON-TANGENT CURVE CONCAVE TO THE NORTHEAST (A RADlAL LINE THROUGH SAID POINT BEARS SOUTH 69000'03" WEST FROM THE RADIUS POINT OF THE NEXT DESCRIBED CURVE); THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 16.19 FEET, A CENTRAL ANGLE OF 49054'09", AN ARC DISTANCE OF 14.10 FEET; THENCE SOUTH 88031'35" EAST, 313.23 FEET TO A POINT ON THE ARC OF A NON- TANGENT CURVE CONCAVE TO THE NORTHWEST (A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 00045'40" WEST FROM THE RADIUS POINT OF THE NEXT DESCRIBED CURVE); THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 24.00 FEET, A CENTRAL ANGLE OF 90"43'31", AN ARC DISTANCE OF 38.00 FEET; THENCE NORTH 00"02'09" EAST, 553.77 FEET TO A POINT ON THE ARC OF A NON- TANGENT CURVE CONCAVE TO THE SOUTHWEST (A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 89"57'51" EAST FROM THE RADIUS POINT OF THE NEXT DESCRIBED CURVE); THENCE NORTHWESTERLY ALONG THEARC OF SAID CURVE HAVING A RADIUS OF 24.00 FEET, A CENTRAL ANGLE OF 55"41'02", AN ARC DISTANCE OF 23.33 FEET; THENCE NORTH 88"59'27" WEST, 336.83 FEET; THENCE SOUTH 00002'09': WEST, 8.63 FEET; THENCE SOUTH 88059'27" EAST, 340.01 FEET; THENCE SOUTH 00002'09" WEST, 551.90 FEET TO THE BEGINNING OF A TANGENT CURVE SHEET 1 OF 3 SHEETS 8866 EXHIBIT 0 CONCA VE TO THE NORTHWEST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 90"58'24", AN ARC DISTANCE OF 39.69 FEET TO A POINT ON THE SOUTH LINE OF SAID BLOCK 12 AND THE POINT OF TANGENCY; THENCE NORTH 88"59'27" WEST ALONG SAID SOUTH LINE, 309.58; THENCE NORTH 00"02'09" EAST, 312.55 FEET TO THE SOUTH LINE OF SAID BLOCK 7; THENCE NORTH 88"59'27" WEST ALONG SAID SOUTH LINE, 5.00 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA CONTAINING 12,389 SQUARE FEET (0.284 ACRE), MORE OR LESS. LAND DESCRIPTION PREPARED BY: SHAH, DROTOS & ASSOCIATES, P.A. 3410 NORTH ANDREWS AVENUE EXTENSION POMPANO BEACH, FLORIDA 33064 PREPARED BY: MDR CHECKED BY: MDR' PROJECT NO.: 0598BOO FILE NAME: X:\CAD\SRUVEI0598AOO\RIGHT OF WAY VACATION June 8, 2005 SHEET 2 OF 3 SHEETS 8867 EXHIBIT "E" Conditions of Approval Project name: The Arches File number: ABAN 05-006 Reference: Sidewalk Abandonments I DEP ARTMENTS I INCLUDE I REJECT I PUBLIC WORKS- General Comments: None PUBLIC WORKS- Traffic Comments: None UTILITIES Comments: 1. All existing City utilities (\vater, wastewater and stormwater conduits) must be relocated or encased to continue their functional purpose in the area. 2. All other utility services within this corridor shall be relocated at the applicant's expense. FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: 3. The abandonment of the sidewalk segments within the right-of-ways shall be so designated on a new boundary record plat to reflect the same. BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENT ALIST Comments: None 8868 Conditions of Approval 2 I DEP ARTMENTS I INCLUDE I REJECT I PLANNING AND ZONIl'IG Comments: 4. Should the City Commission approve the abandonment request, the applicant would need to provide executed easements, satisfactory to the City Attorney, prior to issuance of the first permit. PRlV A TE UTILITIES Comments: 5. Adelphia has no objection to the abandonment as long as Adelphia facilities are granted the proper easements and any relocation of facilities are at the expense of the applicant. 6. Florida Power & Light has no objection to the abandonment contingent upon the following conditions: a) FPL acquiring all additional easements for any and all existing or proposed FPL facilities necessary to service any and all existing and proposed future construction requiring electrical service at the abandoned site. This includes but is not limited to ten (10) foot easements adjacent to both sides of all major thoroughfares. b) Written approval of the City of Boynton Beach and FDOT is required for the removal of any of the streetlights. c) Any and all cost resulting with the relocation or removal of FPL facilities, due to said abandonment, are to be paid by the applicant. 7. Florida Public Utilities Company has no objection to the abandonment contingent upon the following conditions: a) All related relocation expenses will be paid by the party requesting the abandonment by the date specified by Florida Public Utilities Company. b) A separate easement must be granted to Florida Public Utilities Company within the referenced area. All related easement expenses will be paid by the party requesting the abandonment by the date specified by Florida Public Utilities Company. 8. Bellsouth has no objection to the abandonment as long as Bellsouth facilities are granted the proper easements and any relocation of facilities are at the expense of the applicant ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD 8869 I DEPARTMENTS I INCLUDE I REJECT I CONDITIONS Comments: I. To be determined. ADDITIONAL CITY COMMISSION CONDITIO;\lS Comments: I 1. To be determined. I I I S .\Planning\S HARED\ WP\PROJECTSIARCHES\j\BAN 05-006 (Sidewalks )ICOA .doc 8870 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Arches APPLICANT'S AGENT: Kim Glas-Castro / Bonnie Miskel of Ruden McClosky APPLICANT'S ADDRESS: 222 Lakeview Drive Suite 800 West Palm Beach, FL 33401 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 6,2005 TYPE OF RELIEF SOUGHT: Request for abandonment of that portion of the right-of-way for SE 2nd Avenue, SE 4th Street, Ocean Avenue and Federal Highway that abuts the proposed Arches at Boynton Beach, and are improved with public sidewalks. LOCATION OF PROPERTY: SW corner of Ocean Avenue and 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 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: S871 City Clerk J:\SHRDA T A\Planning\SHARED\WP\FORMS\Blanks forms folder\Develop.Order Form-2001-Revised.doc BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM Requested CRA Date Final Materials Must be Requested eRA Date Final Materials Must be Turned into Meetin!! Dates Turned Meetin!! Dates CRA Office into CRA Office 0 January 11, 2005 December 28,2004 (Noon.) 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) 3, 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 $550,000 and in fiscal year 2006-2007 the CRA will raise and/or budget $1,400,000 to complete the project. ~NA TIVE5: ~ approve the Agreement for the purchase of the ~t jynton Beach High School . fA. {"-. \ 1+ . - /_- ~. ---------- - CRA sl 00 "HotcH '0". CRA Di"ct"' 8872 C:IDocuments and SettingslbrightllDesktop\2005 Agenda SummarieslBB High School.8.9.05doc AGREEMENT BETWEEN CITY OF BOYNTON BEACH ("CITY") AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY ("CRA") This Agreement (hereinafter "Agreement'") is made the , day of 2005, between the CITY OF BOYNTON BEACH, a municipality located in Palm Beach County, Florida (hereinafter "CITY") and BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III, of the Florida Statutes (hereafter "CRA"), each one constituting a public agency as defined in Part I of Chapter 163, Florida Statutes. RECIT ALS WHEREAS, Section 163.380, Florida Statutes, authorizes the City to transfer real property or any interest therein acquired by it for community redevelopment in a community redevelopment area, as it deems necessary or desirable to assist in preventing the development or spread of future slums or blighted areas or to otherwise carry out the purposes of Section 163, Florida Statutes; and WHEREAS, on March 1, 2005, the CITY Commission voted 4-1 to approve the restoration of the Old High School ("School") and to authorize the CRA to return to the CITY Commission with the formal documents by April 5, 2005: and WHEREAS, the City has determined that it is in the public interest to transfer the School to the CRA for the prevention of the development or spread of future slums or blighted areas; and WHEREAS, the CRA will take sole oVv'llership and control of the School and will be solely responsible for the maintenance, adaptive re-use, insurance, leasing and redevelopment of the School. 8873 N\Old High School\Revised Old high school transfer of ownership agreement revised 8-25-05.doc NOW, THEREFORE, it IS agreed and understood by and between the parties hereto as follows: SECTION ONE - TR<\.NSFER OF OWNERSHIP 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 ,^arranty 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 \vriting, 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.] The Old High School ("'School") propcI1y vvill include the building at the building's footprint only. The City will provide ingress and egress across City 8874 N:\Old High School\Revised Old high school transfer of ownE1ship agreement revised 8-25-05.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 RESTORATION AND REDEVELOPMENT OF THE SCHOOL 5.1 The School will be adaptively re-used and redeveloped in accordance with the Secretary of Interior"s Historic Presentation Standards (36 CFR 68) and as defined in the CRA Project Plan. The School will be placed in usage in sections or phases to allow for initial operations to begin as quickly as possible. SECTION SIX - RESPONSIBILITIES OF THE CRA 8875 N:\Old High School\Revised Old high school transfer of own~ship agreement revised 8-25-05.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 eRA will maintain those particular improvements on the grounds, unless otherwise agreed to by the parties. 6.2 The CRA shall begin Phase I adaptive re-use no later than nine (9) months after Plan approval (Condition Subsequent #2). SECTION SEVEN - FUNDING 7.1 The CRA will raise and/or budget $50,000 during the fiscal year during which this Agreement is executed (Condition Subsequent #3). The purpose of these funds will be: a. Acquire building and site from City. b. Develop partnership agreements with other entities and establish a Project Team to guide the project completion. c. Develop and manage a Request for Qualifications to secure a Restoration Architect and other needed specialists. d. Develop a Project Plan defining the building use layout space allocation, phasing/budgeting 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. 8876 N:\Old High School\Revised Old high school transfer of own~ship agreement revised 8-25-05 doc 7.2 The CRA will raIse and/or budget $550,000 during fiscal year 2005-2006 (Condition Subsequent #4). 7.3 The CRA will raise and/or budget $1,400,000 in fiscal year 2006-2007 (Condition Subsequent #5). 7.4 The CRA will not rely upon the City for funding for the School project. 7.5 This Agreement shall not be viewed as a commitment to budget funds beyond the current budget year, but failure to budget shall be grounds for reverter to the City. SECTION EIGHT - REPORTING REQUIREMENTS 8.1 As a condition of the transfer of ownership of the School to the CRA, the CRA will be required to prepare and submit semi-annual reports to the City, beginning six (6) months from the effective date of this Agreement (Condition Subsequent #6). 8.2 The semi-annual reports will be submitted by the Director of the CRA to the Mayor and Commission of the City, and will contain all pertinent information with regard to the status of the adaptive re-use and redevelopment of the School, including but not limited to: financial reports, restoration status, leasing status, and redevelopment status. SECTION NINE - REVERTER 9.1 If the CRA fails to meet these deadlines as set forth above, upon written notice, the School will automatically revert back to the City, unless the CRA and the City agree in writing to amend this Agreement and extend the deadlines for an amount of time at least equal to the delays caused by extenuating circumstances. If the CRA fails to meet its goals of maintenance, restoration and redevelopment of the School in the time frames set 8877 N\Old High School\Revised Old high school transfer of own'5ship agreement revised 8-25-05.doc forth herein, and no agrecment for cxtension is reached. the property will revert to thc City upon writtcn noticc. SECTION TEN - NOTICES 10.1 Any and all noticcs requircd or permitted to be delivcrcd pursuant to the terms of this Agreement shall be effcctive upon receipt. but in any event no latcr than threc (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 othcr parties set forth in this subsection. If the CITY: With a copy to: If the CRA: With a copy to: City of Boynton Bcach 100 East Boynton Bcach Boulcvard Boynton Beach. Florida 33425 Attention: Kurt Bresner, City Manager lames A. Cheraf, City Attorney 3099 East Commercial Boulcvard Suite 200 Fort Lauderdale. Florida 33308 Boynton Beach Community Redevclopment Agency 639 E. Ocean A venue. Suitc 107 Boynton Beach, Florida 33435 Attention: Douglas C. Hutchinson, Director Kenneth G. Spillias, Esquire Lewis, Longman & Walker. P.A. 8878 N:\Old High School\Revised Old high school transfer of own15sh,p agreement revised 8-25-05.doc 1700 Palm Beach Lakes Boulevard, Suite 1000 West Palm Beach, Florida 33401 SECTION ELEVEN - APPLICABLE LAW 11.1 This Agreement shall be construed in accordance with the lav,s of the State of Florida. SECTION TWELVE - VENUE 12.1 Each of the parties hereto are authorized to enforce the telms of this Agreement in a court of law in Palm Beach County, Florida, and may seek all remedies available at law and in equity. The prevailing party in such litigation shall be entitled to reasonable costs and attorneys' fees, including fees incurred through any appeals. SECTION THIRTEEN - VALIDITY 13.1 In the event anyone or more of the provisions contained in this Agreement is for any reason held invalid, illegal or unenforceable in any respect, such invalidity or illegality or unenforceability will not affect any other provision hereof and this Agreement will be construed as if the invalid, illegal or unenforceable provision had never been contained herein. SECTION FOURTEEN - ENTIRE AGREEMENT 14.1 This Agreement constitutes the entire understanding of the parties and any previous agreements, whether written or oral, are superseded by this Agreement. Any amendment of this Agreement must be reduced to writing and executed with the same forn1ality by both parties. SECTION FIFTEEN - RECORDATION 8879 N:\Old High School\Revised Old high schoollransfer of ownership agreement revised 8-25-05.doc 15.1 This Agreement shall be recorded in the Public Records of Palm Beach County. Florida. SECTION SIXTEEN - INDEMNIFICATION AND INSURANCE 16.1 Without waiver of limitation as per Section 768.28(5), Florida Statutes, and to the extent permitted by law, the CITY and the CRA agree to indemnify and hold harmless the each other from any claims, losses, demand. cause of action or liability of whatsoever kind or nature that the CRA or the CITY, or either parties' agents or employees mayor could incur as a result of or emanating out of the terms and conditions contained in this Agreement, that result from 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. 16.2 CRA shall maintain at its own cost and expense all insurance policies providing coverage to the Property. However, CRA shall be responsible for obtaining the following identified insurance and showing City as an additional insured: Certificates of Insurance reflecting evidence of the required insurance shall be filed with the City's Risk Manager prior to the commencement of this Agreement. These Certificates shall contain a provision that coverages atIorded under these policies will not be cancelled until at least forty-five days (45) prior written notice has been given to the CITY. Policies shall be issued by companies authorized to do business pursuant to the laws of the State of Florida. Financial Ratings must be not less than "A-VI" in the latest edition of "Best Key Rating Guide". published by A.M. Best Guide. Insurance shall be in force until the obligations required to be fulfilled under the ten11S of this Agreement are satisfied. In the event the insurance ce11ificate 8880 N:\Old High School\Revised Old high school transfer of ownEBship agreement revised 8.2S.0Sdoc provided indicates that the insurance shall terminate and lapse during the period of this Agreement, then CRA shall fumish to City, at least thi11y (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 CRA shall be responsible to maintain any and all insurance necessary in an amount adequate to cover the cost of replacement of all improvements, fixtures and contents in the Property in the event of a property loss (Condition Subsequent #7). SECTION SEVENTEEN - REMEDIES 17.1 This Agreement shall be construed by and governed by the laws of the State of Florida. Any and all legal actions necessary to enforce the Agreement will be conducted in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given herein under or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of 8881 N:\Old High School\Revised Old high school transfer of own~ship agreement revised 8-25-05.doc any right, power or remedy hereinunder shall preclude any other or further exercise thereof. SECTION EIGHTEEN - INTERPRET A TION 18.1 This Agreement shall not be construed more strictly against one party than against the other merely by vi11ue of the fact that it may havc been prepared by counsel for one of the parties. SECTION NINETEEN - BINDING AUTHORITY 19.1 Each party hereby represents and warrants to the other that each party executing this Agreement on behalf of the CITY and CRA or any representative in that capacity, as applicable, has full right and lawful authority to execute this Agreement and to bind and obligate the party for whom or on \vhose behalfhe or she is signing this Agreement. SECTION TWENTY - EFFECTIVE DATE 20.1 This Agreement shall become effective on the date last signed by the parties. SECTION TWENTY-ONE - ANNUAL BUDGET APPROPRIATIONS 21.1 The CRA' s obligations under this Agreement are contingent upon annual appropriati on. 8882 N\Old High School\Revised Old high school transfer of ownrryhip agreement revised 8-25-05.doc THE PARTIES HERETO have signed this Agreement as of the Effective Date. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY CITY OF BOYNTON BEACH By: By: Jerry Taylor, Mayor 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 Attomey James Cherof, Esq. City Attorney IIClient Documcnts\Boynlon Beach CRA \24 19-000\Misc\Agreel11ents\RC\ lsed Old high school transfer of ownership agrcemenldoe 8883 N:\Old High School\Revised Old high school transfer of ownrlf'hip agreement revised 8-25-05.doc VII. 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. VIII. New Business Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM Requested CRA Date Final Materials ,\Iust be Requested CRA Date Final Materials :\Iust be Turned into Meeline Dales Turned :\leelinl! 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 (~oon) 0 March 8, 2005 February 22,2005 (Noon) 0 Seplcmber 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 Apfll 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 cJ ~~~w~ \ Staff ~ 1I0leh'",00, eRA 0"",,0' 8760 C\Documents and Settings\bnghtl\Desktop\2005 Agenda Summaries\lnterlocal BB Promenade 8905doc AGREEMENT FOR THE BOYNTON BEACH EXTENSION - PROMENADE PROJECT THIS 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.. 2.1 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 23 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 8761 Page 1 LAPjas Rev. 67.04 M:'Jnlerlocal Agreemenls\BBB InterlocallBBCRA Ex1 . Promenade Proi . revised. doc 2.4 The CRA will reimburse the City lJ1 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 b: the laws of the State of Florida, with venue lying in Palm Beach County, Florida. 8762 Page 2 LAP jas Rev 6 7 04 Z\lnterlocal Agreemcnts\BBB Interlocal\BBCRA Ex! . Promenade Pro) - re'lscd dDC 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 II. 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 LA-Plas Rev 6.704 M:,lnterfocal Agreements\BBB InterlocaJ\BBCRA E"1 . Promenade Proj . revised. doc Signed and Seal and Witnessed in the presence of: CITY OF BOYNTON BEACH, FL Witness Mayor Witness ArrEST: 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. 6.704 M:\Interlocal Agreements'BBB Interloca!\HBCRA Exl . Promenade Pro I . revised doc '--'--'i-'-~-'l"---"---' - '1'".,01,. 1----] in in I L-_~ l:.~~t:.~._---, '------~ I .1 L_.___.___J (.--=~~.----~~ i ~---'{ll ~-".l [II-l, 11-1------- - -- .- .._~~I 1-.:' 1\--.1 ! \ I ':!L_J-- '1 ! 1-" 1 .----- .--- r-:--l L--,-.J i '~-nl nil .1 ' , I 'I' " L~~J r- - \-111 f C----l i I.. .- ~! 1______. -.... - 'r~---'-- ID I 'Ir~ll -1 --..---.) i I I, I I I I ' ",_ I ----I .'. . ~ I I ~ I I L f~ I ._~_J__ _i________ _.J __r_________!~.. . - ;~~ I , - .---..----------. C==J _ [==:J '1--''-; I [L..-__.. 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Uo.3""'<tt:3 OD-Vl""''"-.., VJ<(w~...g l/!:2::>-m8 <:( z 0::: L1J <<l: ~~ 3 ~~ 00 <t'"-N~ C) .Olcr ZOZ"15 '2 >=!S2,~~ Ow ~::o DC >3; ;'2.. ~-O::(jl<{ .8 >=.J U-lN <( VlJi 65 ;::'@ ~~~)I 'C)~I o<&//\'<d .. / ~/ BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM Requested CRA Date Final Materials Must be Meetine Dates Turned into CRA Office 0 January 11,2005 December 28,2004 (Noon) 0 February 8, 2005 January 25. 2005 (Noon) 0 March 8, 2005 February 22, 2005 (Noon) 0 April 12, 2005 March 29. 2005 (Noon) 0 May 10,2005 April 26, 2005 (Noon) 0 June 9, 2005 May 26, 2005 (Noon) NATURE OF 0 Consent Agenda AGENDA ITEM 0 Director's Report DATE: August 2,2005 Requested CR4. Date Final Materials Must be Turned into Meeline Dates CRA Office 0 July 12,2005 June 28, 2005 (Noon) . August 9. 2005 July 26, 2005 (Noon) 0 Seplel11ber 13,2005 August 30,2005 (Noon) 0 October 11,2005 September 27, 2005(Noon) 0 November 8, 2005 October 25, 2005 (Noon) 0 December J 3,2005 November 29, 2005 (Noon) 0 Old Business 0 Legal . New Business 0 Future Agenda Items 0 Other Item 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. ALTERNATIVES: New street construction without streetscape elements or redesign to eliminate the median ditch toret :n~ CRA Staff ~'r"oo, eRA O'''''or 8771 C\Documents and Settmgs\brlghtl\Desktop\2005 Agenda Summaries\4th Street Upgrades 8 9 05 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, I PM Subject: Discussion of Design Elements for SE 4th Street from SE 121h 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 I. · 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. I 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 storm water 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 v,ill 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 BOYNTON BEACH eRA AGENDA ITEM REQUEST FORM Requested CRA Date Final Materials Must be l\1eetin~ Dates Turned into CRA Office 0 January 11, 2005 December 28. 2004 (Noon.) 0 February 8, 2005 January 25, 2005 (Noon) 0 March 8, 2005 February 22, 2005 (Noon) 0 April 12, 2005 March 29, 2005 (Noon) 0 May 10, 2005 April 26, 2005 (Noon) 0 June 9, 2005 May 26, 2005 (Noon) NA TURE OF 0 Consent Agenda AGENDA ITEM 0 Director's Report DATE: August 2,2005 Requested CRA Dale Final Malerials Must be Turned into "teetin!! Da tes eRA Office 0 July 12,2005 June 28, 2005 (Noon) . August 9, 2005 July 26. 2005 (Noon) 0 September 13,2005 August 30, 2005 (Noon) 0 October II, 2005 September 27. 2005(Noon) 0 November 8, 2005 October 25, 2005 (Noon) 0 December 13,2005 November 29, 2005 (Noon) 0 Old Business 0 Legal . New Business 0 Future Agenda Items 0 Other Item 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 ) ! \ ;' "~-l: - ,.-;" /1')) C " -,j. / J --~ ~ I I ./'/ l. \ Ct ~ qy. Staff utchinson, CRA Director 8774 C\Documents and Settlngs\brightl\Desktop\2005 Agenda Summaries\Promenade Xtns8,905 doc Greenberg Traurig RECEIVEO Paul D'Arelli 954.768.8248 \ld.r(.'11Ir~'p~'g11J\\ .~('rrl 1'~0 ... t'\. YN! ON BElJr/.j '.>.'"C,R.A, July 8, 2005 VIA FACSIMILE AND FED EX Mr. Doug Hutchinson Boynton Beach Community Redevelopment Agency 639 East Ocean A venue, Suite 103 Boynwn 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, \vhile 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 i 2-month eXIension of Ihe Commencement Date as defined in Ihe 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. Sinq,erely, I ,j/ < . /;. { / /'i/". {/'-- Paul D'Arelli If () (I'l' /' /J . !_j (/vU!)-t...<.~ cc: Mr. Jeff Krinsky 8775 Cre<:>nberg 'raiHig, ~'A I /\ttcrl'leys at L3'/V! .'+() I ta~,t [ar; Olas DOLi[c'\'-(jrd i )U1tc lei 9~:~4_76S05CIU j fax 9~,,~ 7()l) ~ -1? 7 I fcrl f' /,1 ~,At'ir i: 11 /', ~.I i I> 8cY;:.. I I BCJSTrJ'\J ! :: H! ~'j, ~~ ,-) Df.L!.j,S Ull>J\ii. R r(Jf.1[ !.!\l LI( /\ ,-.J C, L ~ E <~ NJ',\~..-: I NEW)!.RStY ~'J L \11/ CPM-J':::'l:. ~~A ~if(l^~J:'X) rl~:iA[.J[l PHon',IIX :"lICC:I.~ V.ALL~~Y TALl)l.HASSE[ EffCH t~ t l a \;",;. C (, r.~" Sent by: GREENBERG TRAURIG 954 765 1477; 07/08/05 11: 46AMjJetfax #770 j Page 1;' 2 Greenberg Traurig Transmittal Cover Sheet From: PaulD'Arelli Tel: (954) 768-8248 E~Mail: darellip@gtlaw.com To: Mr. Doug Hutchinson Fax No: 561-737-3258 Company: Boynton Beach Corrununity 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 properlv. urease call (954) 468-1763. Notes: 8776 Also sent via: D us Mail o Ovemight o Messenger o Email [KJ No Other The informatlol1 contained in this transmisSion is attorney privileged anQ confidential. It is intenQed only for the use at the individual or ent<<y named above. If the reader of thj~ menage /6 not the Intandllcl rElclplent, you are hereby notified that any dissemination, distribution or COPl/lng of mill comm<lnleatlon 1$ strictly prohibited. It yo.. l'Iave receivlOCl 1111$ comm..ni~liOn In e'Jf'I'Qr. pie,.,.., nolilv ...... imm.cji'....ty py 191apnone COllect and I'9lUrn me OrIQlnal message 10 us QlltlG aoorass belOW Via me u.s. PeStill service. we will I'1llmDUI'SG you lor your postage. ThBn~ you. 401 East Las Olas 601J/eVard. Suite 2000, fl. Lauderdale. FloridEl 33301 Phone: 95-4.765.0500 Fax: 9S4.765.14n sert by: SPEENEEPG TPAU~~G 954 765 ~ 477; 07/08/05 11 :46AM;Jetfax #770jPage 2/2 Greenberg Traurig Paul D'Arolli 954.768-8248 c!!!ITl!W.@s1!u'''fm 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 eRA 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-montb 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 infonnation. Sincerely, ~t91k1tu Paul D'Arelli cc: Mr. Jeff Krinsky 8777 Greenb@rgTraurig. P.A. I Attorneys at I.iIw 1401 East Las Olas Boule\f'olrd , Suite 2000 I Fort '-auderdale, f~ 33301 Tel 954.7tS.OSOO I Fax 9'>4.765.1477 A!.llANY AHSTl'RDAM ATW'lTA IlOCA~TOfIl BOSTON CHICAc.o I PALl.AS DENVeR FORT lAUOfI.DAl.t LOS ANGELlS MIAMI ",EW JERSEY NEW YOM OAANGE cOUNTY. CA Cl<<1.A/II0Cl PHILADE..-HIA PHOENIX i I SiliCON VAllEY TALl.AI-IASSEE TYSONS CORNER \lIASHINcTON, p,c WEST PALM BEACH WI,-Mlf'-lCT'ON ZURiCH I wwvv.gllilw.com 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 sllch 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. he CRA shall furnish appropriate auxiliary aids alld services \\-here necessary to afford all 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 t\\enty.four hOllrs prior to the program or activity in order for the CR.A 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 an) 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. .he CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opPor1unity to pat1icipate in and enjoy the benefits of a service. pl'Ogram, 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 CRA 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. Augdoc Plannin~: . 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 (FT A) - 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 Repons\2005\Monthly Dlfeclors Repon- Augdoc · 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. 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CO ~ :J Iii l:> ~ ~.~ n u;ol mEC/l OCT o Gi 3 c ~ ~ ~ro tu ~3 3 5: g~ o po ::::! ~-..j ~03 NN 00 00 Ul Ul Z5: (1) III ~ ~ ~~ :J (1) C::U -< (1) o~ 0'< 3 '0 tu :J 15 C/l ::U::U 0'< CTtu (1) :J ~~ 5:ro ~C/l :=s-~ -. C/l III (") C/l :=s- -0 ., o Ul~ (1) ~~!l , Ul N~;tJ ~;;:5(1) ~ ~ :5. co-..j(1) OUl~ 00 III OQO ;tJ (1) o ::1 III o III CD () o 3 'C III ::l '< Z III 3 CD () o :J Iii o - -l "0 )> ;r ;tJ g -l CD s: ~ (1) (1) e. ::l III r- o o III - o' ::l "0 ., o CD' o - ::l ...... !' BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY ~ --------- - -- ---- - ------ -- -- PROJECT REPORT T--- 1 _____-._____1_._ -'T NAME OF PROJECT: LOCATION: TYPE OF PROJECT: OWNER(S): Name Project Contact Person: Name' Address Clty/St/ZIP Phone/FaxfEmail PROJECT DETAILS Development Site Size: Acres Zoning/Use: 7! 19/2005 Uptown Lofts Gulfstream Lumber Woolbrlght/N Federal Epoch Proper1les Kyle R,va 395 Carolina Avenue Winter Park. FL 32789 407.644.9055 407.644.9845 146 MU MXL.3 Design Guidelines Met? Yes. good street frontage and Interior Circulation Max Height. 75" . Height Variance needed for 5' Componets: Type of Element Parking ReqUired Parking . ReSidential ___ Commercial/Retail/Office !or PrOject Total Project Parking Provided Parking In excess of reqUirements PROJECT TIME TABLE: Current Status Construction Star1 Dale Completion Date ReSidential Restaurant Retail Office In for site plan approval - August 05 CRA TOTAL ESTIMATED PROJECT VALUE UPON COMPLETION: 8785 Sq.Ft. 385.601 o 43 359 o 428,960 . BOYNTON BEACH No. Units 494 No. Spaces 895 217 1 112 1 362 250 S6G.DOO 000 i~ r-u,uT -OATE:'u i- BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY -.- -- --- - -------- -- --- --- PROJECT REPORT ___{Li'r2_Q.?QQ5 NAME OF PROJECT: LOCATION: The Arches Ocean & Federal TYPE OF PROJECT: OWNER(S): Name Address '--~-'------"----' City/StlZIPu Phone/Fax!Emali Mlxed.Use Maxwelle Realty Ryan Welsf1sch 3050 Aventura Blvd Aventura. FL 33180 (305) 792.7500 PROJECT DETAILS Development Site Size: Acres Square Feet Bldg Sq Ft. DU/AC 504 219.567 815.023 75 CSD to MU.H (150' . 4 0 FAR 80 du/ac) MXC Zoning Land Use Componets: Type of Element Sq.Ft. 514.050 o 38,599 o Parking ReqUired Parking Residential CommerCial/Retail/Office for ~r~~uct Total ReqUired Parking ~u__ un. u_.__ Residential Restaurant Retail Office Parking Provided Garage Residential Commerc'al/Retail/Off'c;e.for Pro~ct. PubliC Surplus Sub.Total "---- -.--._____ - ._n_______.._____.__ On.Street (Includes CltYJo~_ Total ,IBo;YNTON BE.A.CH' 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. Ie. townhomes storefronts or offices PROJECT TIME TABLE: Current Status Construction Start Date Completion Date In for LU/Slte plan. abandonment approva: . to CRA Soard Aug 2005 TOTAL ESTIMATED PROJECT VALUE UPON COMPLETION: 8786 No. Units 378 No. Spaces 554 193 747 554 193 56 803 52 855 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY .. - - -- ~.-_.-._- - .----- --- PROJECT REPORT ___1- Augu_st\ 2~05 NAME OF PROJECT: LOCATION: The Arches. Comparison of Old and New Site Plan Ocean & Federal TYPE OF PROJECT: OWNER(S): Name Address City/StlZlp _ Phone/Fax!Email Mlxed.Use Maxwelle Rea!ty Ryan Weisflsch 3050 Aventura Blvd Aventura. FL 33180 (305) 792.7500 Acres Bldg Sq Ft DUlAC New Site Plan 5.04 (stated on site plan'lncludes abandonment of SE 1 st alley. and sidewalk on 2nd, Ocean and 4th Actual shown on survey = 170,371 '/391 + SE 1 st Ave & alley = 178.329'/409. Abandonment of SE 1 st and alley IS standard request. abandonment of sidewalk IS not) 815,023 92 CBD to MU.H (150.40 FAR 80 du/ac) MXC Zoning Land Use Components: Type of Element ReSidential Restaurant Retail Office Garage Parking ReqUired Parking Resldenllal - --..--- Commerc1al/RetaIIIO.,..!fICe..for Project Total ReqUired Parking Parking Provided Garage Resldentla! .-- -- Commerclal/Retail/Offl~e_for Project PubliC Surplus Sub.Total On.Street (Includes ~Ity lott Total Public Plazas Height (new plan requires a height exception) 8787 Old Site Plan 35 687.221 79 .'~- .~ .. ..+ " .-./ .J~..':~_:. - _'h-~;~~' ; ...'.:~'.'.. . '" BOYHTON BEACH New Site Plan - 7/05 Sq.Ft. No. Units 552,649 378 o 38,599 o 262,374 853.622 No. Spaces 554 193 747 554 193 56 803 52 855 4,636 sq ft 167' (Includes elevator shafts) I Old Site Plan .4/03 Sq. Ft. No. Units 429.121 276 o 56,500 o 201.600 687,221 32% change No. Units 512 237 749 512 237 2 751 9,600 sq. ft 139' (lncluaes 9' decorative rods. 2) 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. ,'he 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 twellty-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 \\ith respect to any matter considered at this meeting will need a record of the proceedings aIld for such purpose may need to ensure that a verbatim l'Ccord of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (he CRA shall furnish appropriate auxiliary aids and services vvhere necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service. rrogram, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737.3256 at least twenty.four hours prior to the progl-am or activity in order for the CRA to reasonably accommodate your request. XIV. Future Agenda Items A. Workshop Meetings to be held on the following dates: 1. Thursday. September 221ld. 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. Thrusday, October 20th, 2005 at 6:30 p.m. at Holiday Inn Catalina . Consideration of Feasibility of Attraction Complex. 4. Thursday. 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 56] -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 September 15, 2005 1. In-Town Development Group - Samantha Simon 2. Ocean Breeze Townhomes - Larry Finkelstein 3. HOB Self-Assembly Group - Frank Chirkinian 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. fhe 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 progralll 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. IV. Consent Agenda Any person who decides to appeal any decision of the Community Redevelopment Boar-d 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. ,he C RA shall furn ish appropriate aux i I iary a ids and services where necessary to afford an indi vid ual vvith a d isabi I ity 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. I i i MINUTES OF THE REGULAR MEETING OF THE COMMUNITY REDEVELOPMENT AGENCY, HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, AUGUST 9, 2005 at 6:30 P.M. Present: Henderson Tillman, Vice Chairperson Alexander DeMarco Don Fenton Marie Horenburger Steve Myott Doug Hutchinson, CRA Director Ken Spillias, Board Attorney Absent Jeanne Heavilin, Chairperson James Barretta I. Call to Order Vice Chair Tillman called the meeting to order at 6:30 p.m. and served as Chair in the absence of Chair Heavilin. II. Roll Call The Recording Secretary called the rdll and declared that a quorum was present. III. Agenda Approval A. Additions, Deletions, Corrections to the Agenda None B. Adoption of Agenda Motion Mr. DeMarco moved to adopt the agenda. Mr. Fenton seconded the motion that passed 5-0. IV. Consent Agenda A. Approval of Minutes - July 12, 2005 Meeting B. Financial Report - June 30, 2005** C. Consideration of Florida Employer Solutions Agreement to Perform a Human Resources Study** D. Authorization for Utility Easement of the Northern Portion of CRA Property for Boynton Beach Boulevard Extension Project** 8794 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 9, 2005 E. Consideration of TUG's Supplement to Task Authorization CRA03-02 for Continued Real Estate Acquisition Services in the Heart of Boynton** **These items were pulled for discussion. Mr. Hutchinson suggested reordering the Public Hearing items to put the Arches project first in deference to the large number of participants in the audience for that project. Motion Ms. Horenburger moved to reorder the agenda to allow the Arches project to be heard first. Mr. DeMarco seconded the motion for purposes of discussion. The board members in opposition to this believed that there were equal numbers of participants in the audience for the Uptown Lofts and the Arches projects. The motion failed 2-3, Vice Chair Tillman, Mr. Myott and Mr. Fenton dissenting. Motion Ms. Horenburger moved to approve the Consent Agenda as amended. Mr. Myott seconded the motion that passed 5-0. V. Public Audience Attorney Spillias reviewed the quasi-judicial board procedures. In response to the board's request, Attorney Spillias revised the procedure to include an item allowing the CRA staff members to offer their comments and recommendations. The revised procedure was distributed to the board members at the meeting. VI. Public Hearing Attorney Spillias swore in all persons who would be speaking during the public hearing. A. Abandonment 1. Project: Uptown Lofts @ Boynton Place (Gulfstream Lumber) (ABAN 05-003) James Vitter, Kimley-Horn Associates, Inc. Gulfstream Lumber Northwest corner of Woolbright Road and Federal Highway Request for Abandonment of a portion of a SO-foot right-of-way (SE 3rd Street, formerly known as Alden Street) Agent: Owner: Location: Description: With the board's consent, the abandonment and the new site plan request were presented simultaneously. Mike Rumpf, Planning & Zoning Director, affirmed the portion of S.E. 3rd Street to be vacated no longer served a public purpose. The remaining portion of the roadway will be configured to provide access to the proposed development. The developer will provide a bump out on his property to facilitate the current resident's back out maneuvers. Staff recommended approval of the abandonment. 8795 2 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 9, 2005 New Site Plan 2. Project: Uptown lofts @ Boynton Place (Gulfstream Lumber) (NWSP 05-021) James Vitter, Kimley-Horn Associates, Inc. Gulfstream Lumber Northwest corner of Woolbright Road and Federal Highway Request site plan approval to construct a mixed-use development consisting of 43,361 square feet of retail, 474 multi-family dwelling units, and 20 townhouse units, on a 14.58-acre parcel in the Mixed Use-Low zoning district Agent: Owner: Location: Descri ptio n: Eric Johnson, Planner, summarized the staff report. The intent is to raze the existing structures at the former Gulfstream Lumber Company on the corner of Woolbright Road and Federal Highway and replace them with a mix of retail and residential uses: two 5-story apartment buildings, a 3- story mixed-use building, and three 3-story townhouse buildings. The eastern third of the development would be comprised of the mixed-use buildings: commercial below and loft units above. The central third would be comprised of the townhouse buildings and the western third the apartment towers. Mr. Johnson stated that staff recommended approval of this project, contingent on approval of the associated abandonment. Vivian Brooks, CRA Planning Director, noted that the project had been reviewed and found to be consistent with the Federal Highway Corridor Plan. They also believe that the project exemplifies the spirit of what the CRA is trying to do in the area. There are two critical intersections in the CRA area: Ocean Avenue and Woolbright Road, and this project is one that would elevate the area to match the CRA's plans. CRA staff recommended approval with conditions. Mr. Myott expressed concern for how people would know where to park with the mixed retail and residential uses. Mr. Johnson responded that a signage program would be developed to address this in the near future. Mr. Myott expressed disappointment with the quality of the presentation materials given to the board members for a major project that would have an enormous impact on the City. The board and the public deserved and needed an easy-to-understand representation of the proposed project to see what was being proposed. He expressed further disappointment that the project architect was not in attendance to guide people through the project. M. Myott directed his comments to Planning & Zoning staff and the Arches project representatives as well. In other towns where he had observed large-scale development presentations, he had seen 3-D computer renderings that made the process of understanding the project much easier for the board members, commissioners, and residents, who were not all architects. He wanted to see developers for such large projects come before the board with first-class presentations including PowerPoint presentations and animation. Vice Chair Tillman, Ms. Horenburger, Mr. Fenton and others agreed with Mr. Myott's observations. Ms. Horenburger wanted to get a better idea of what the project would look like. The presentation provided made her wonder whether the project would actually be done or whether it would be flipped after approval to allow someone else to do it. She wanted to hear from the owner or his representative in addition to the Engineering firm. 8796 3 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 9, 2005 Mr. Fenton was concerned about whether a fire truck could get around in the proposed site, and was assured that it could with the off-site improvements proposed by Engineering. Mr. DeMarco expressed concern about the safety of the people in the residential units. Ben Campbell, Kimley Horn, 601 21st Street, Vero Beach, representing Epoch Properties, explained that the residential units and residential parking would have card/key access and would not be open to the public. Mr. Campbell responded that they had provided several rounds of renderings for the project and had met with City staff on more than one occasion to discuss the architectural elements of the project and all the renderings that were included with their application. It was his understanding that what they were showing was what the approval would be contingent upon. Animation was possible and could be done with time and money, but they understood that what they were proposing was more than what was expected. Mr. Myott said it was not more than expected and the presentation was the dead minimum for what was required. While he was disappointed with the presentation materials provided, from an elevation standpoint it appeared to be a good-looking project. Kyle Riva, President of Epoch Properties, 359 Carolina Avenue, Winter Park, FI appeared to answer questions about the project. Mr. Riva apologized for the presentation's shortcomings and offered to show a PowerPoint presentation of many of the project's colored elevations. The board expressed a desire to see the presentation. With one exception, staff had not seen this presentation. Handout copies of the PowerPoint presentation were given to the board and circulated through the audience. The temporary project name is Las Ventanas of Boynton Beach. An overhead view of the entire Gulfstream property outlined in red was displayed. All of the residential units in the project are rentals in a range of $1,300 - $3,000 per month. The parking decks for the two residential buildings were displayed. The parking deck is one level and totally open to the public on grade level, so people coming to the retail can park and walk. Access to the top level is restricted and the residents would use catwalks from their parking area to their residential units. There is street- level parking throughout the complex as well. Mr. DeMarco was concerned about the colors proposed for the building. Mr. Riva stated that the colors were intended to be Mediterranean in type and the colors would have to be approved before proceeding. Mr. DeMarco asked Mr. Rumpf whether the recent adoption of a color code applied to this project. Mr. Rumpf responded that the color code was still in process and had not yet received Commission review. Mr. Myatt asked if there were any plans for commuter rail access for the rental towers adjacent to the tracks. Mr. Riva responded that they had not considered this at this point. Mr. Myott expressed appreciation for the PowerPoint presentation, which was a big help in understanding the project. Mr. Myott asked Mr. Hutchinson how this project fit in to the affordable housing issue. Mr. Hutchinson did not think that $1,300 per month would be considered affordable housing. The CRA is considering several projects and programs concerning affordable housing, but this project did not come in for incentives. 8797 4 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 9, 2005 Mr. Myott noted that some of the details shown in the presentation were rather schematic and asked whether they would be presented in detail in the final construction plans and Mr. Riva responded in the affirmative. Mr. Myott asked Mr. Riva to be certain that the CRA Planner and the Planning & Zoning staff are made aware of the element details. Mr. DeMarco reiterated his concern about security for the residents. Mr. Riva responded that the individual units would have alarm systems. The alarms would not be monitored but could be if the individual renters so desired. They go from their units to the card/key restricted access top two levels of the parking garages. Mr. DeMarco asked if there would be on-site security. Mr. Riva remarked that they were managing about 8,500 units across the country at present and had yet to determine a need for 24-hour security. Mr. Hutchinson expressed appreciation to the developers for their efforts to bring a project forward that would enhance the eRA area. VIce ChairTi//man opened the floor to the publIC to speak and closed It when no one came forward to do so. There were no further questions from the board. Motion Ms. Horenburger moved to approve request for abandonment of a portion of a 50-foot right-of-way (SE 3rd Street formerly known as Alden Street). Mr. Myott seconded the motion that passed unanimously. Motion Ms. Horenburger moved to approve request for site plan approval (Uptown Lofts @ Boynton Place) to construct a mixed-use development consisting of 43,361 square feet of retail, 474 multi-family dwelling units, and 20 townhouse units, on a 14.S8-acre parcel in the Mixed Use-Low zoning district, subject to all conditions of approval. Mr. Fenton seconded the motion that passed 5-0. B. Maior Site Plan MOdification Attorney Spillias swore in the people w~arrived after the first swearing in. 1. Project: Agent: Arc~ (MSPM 05-008) Bonnie Mtskel, Esq., Kim Glas-Castro, AICP, Ruden McClosky Boynton Ventures I, LLC Southwest corner of Ocean Avenue and Federal Highway 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::468 acres in the Mixed Use-High (MU-H) zoning district Owner: Location: Description: 8798 5 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 9, 2005 Height Exception Description: Arches (HTEX 05-006) Bonnie Miskel, Esq., Kim Glas-Castro, AICP, Ruden McClosky Boynton Ventures, I, LLC Southwest corner of Ocean Avenue and Federal Highway 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 shafts and stair towers to be 167 feet in height, a distance of 17 feet above the lSD-foot maximum height allowed in the Mixed Use-High (MU-H) zoning district. 2. Project: Agent: Owner: Location: Attorney Spillias addressed the board concerning the existing direct incentive grant agreement entered into with the principals for the Arches project at the time the project was originally approved. The agreement is tied to the site plan and any modifications to it. Conversations were held with staff and the developer to determine what impact, if any, this site plan modification has on the existing direct incentive grant agreement. A disagreement exists between the developer's attorneys and staff in this area. The legal issue centers on Section 4 of the direct incentive grant agreement provision called "Developer's Construction of the Project." It reads: "Developer agrees to construct the project as deScribed in the sIte plan and to maintain the public parking and other public areas as set out therein. The site plan may be modified from time to time by the developer in accordance WIth and pursuant to the code of ordinances of the City of Boynton Beach, provided however, that the developer shall not have the right to substantially reduce the number of reSIdential Units, the amount of commercial square footage, the size of the public improvements, the number of commercial or public parking spaces or any other change which would substantially reduce the taxable value of the project without the prior approval of the eRA." Substantially as used in this section means any change that would trigger a major site plan modification. When the CRA staff reviewed the requested site plan modification, they took the position that the changes did substantially reduce square footages for the commercial area and that the proposed changes do trigger a major site plan modification. CRA staff's view is that this would constitute a violation of the agreement and call for having the developer go back through the scoring process and enter into an amended agreement. Attorney Spillias pointed out that the current agreement calls for potential incentives of $SM, $2M of which is to be paid up front. Counsel for the Arches maintains that the changes are not substantial because the value of the project, if the site plan modifications are approved, will go up rather than down. They feel that this should allow the incentive agreement to remain in place as is. Another potential argument in favor of that position would be that this board's approval of the site plan modifications would be approval of the changes as set out in section 4 and therefore, the incentive agreement would remain in place as it exists. Attorney Spillias thought that the better argument and more reasonable interpretation was that the intent of the board was for the incentives to be tied together with the site plan that was approved and any major changes to the site plan would call for a rescoring. He could not guarantee that if this went to litigation, a judge would agree. Attorney Spillias outlined the options. He announced that he had not spoken to any of the board members about this and had no idea how the board was thinking. 6 8799 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 9,2005 Options: 1) 2) 3) 4) 5) 6) Recommend approval of site plan modifications and keep current incentive agreement intact (no legal impact) Recommend approval of site plan modifications but require rescoring of the current incentive agreement (may have to defend against a claim that site plan approval automatically grants approval of existing incentive agreement) Recommend denial of site plan modifications based on land use, zoning code criteria not tied to incentive agreement (no legal impact to incentive grant because this would not trigger section 4) Recommend denial of site plan modification based on desire not to risk automatically approving the incentive agreement going forward (may trigger section 4) If the City Commission approves the modification of the land use over the CRA's objections, there is no issue (could require developer to go through rescoring process) If the City denies the site plan modifications based at least in part on the CRA's recommendation of denial, and the CRA's denial recommendation indicates it was based on the incentive grant agreement, the issue would be raised as to whether or not the CRA applied appropriate land use criteria to the decision and whether or not the CRA would be permitted to consider the incentive grant approval or denial as part of its decision. He realized this was all somewhat complicated and suggested that when the board made its decision, it should be based on land use criteria. After the public hearing, if the board were concerned about getting into a legal quagmire over this, it could forward the item to the City Commission with no recommendation one way or another. This would leave the issue of the site plan approval with the City Commission but the CRA would clearly not have approved the site plan and no argument could be made that the CRA approved the extension of the incentive grant to this particular site plan. Vice Chair Tillman heard that the board had to make it clear whether or not its decision on the site plan modification did or did not include the original incentives. Attorney Spillias said the board was not being specifically asked to rule on the incentive agreement at this meeting. As it was presented to Attorney Spillias, the developer's attorney believes that the incentive agreement did not belong on tonight's agenda because the changes would not trigger section 4 in any event. Therefore, the board could approve the site plan modifications and the City could approve it and they would be entitled to the grant funds. CRA staff does not agree with that position. The issue he had not had time to research was that when there is an incentive agreement that is not a land use document but is tied to the site plan, was whether it was legal and appropriate for the CRA to consider the impact on the incentive agreement when it considers the site plan approval. Ms. Horenburger had met with the CRA Director the day before this meeting and this was not mentioned. She was concerned about that. She confirmed what she had heard in section 4, that a major site plan modification that would affect the taxable value of the property would trigger a rescoring. She inquired what the date of the original agreement was, and Attorney Spillias responded that it was dated and signed on November 19, 2003. Ms. Horenburger was confident that property values had increased significantly in the last two years and that the suggested improvements would not reduce the taxable value of the property. In response to what constituted a major change to a site plan, Michael Rumpf, Planning & Zoning Director, stated that the most objective and quantifiable criterion was an increase in buildable square footage up to 5%. Another criterion would be a change in the site plan whereby it did not 7 8800 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 9, 2005 resemble the prior site plan. Another would be that the project required a variance in conjunction with the change or was deficient in regard to the regulations. Since this developer went through the major site plan modification process and given the changes, they did not need to review it for these criteria. Ms. Horenburger stated this project had acquired additional property since that agreement, so the taxable value was obviously greater than it was in 2003. Attorney Spillias re-read section 4 of the incentive grant agreement. He was not the attorney for the board when this agreement was established and did not know what the intent of the board was at the time the agreement was made. Mr. Hutchinson explained that the board members had asked to hear both sides of the issue. Ms. Horenburger asked which board members had asked for this, and Mr. Hutchinson responded: Vice Chair Tillman, Mr. Barretta, and Mr. Myott. They had asked Mr. Hutchinson to look into the standing of the incentive grant agreement. That had been done and it was now in the board's hands. It may become a moot point. The board may decide to go ahead with the project and at some future time might wish to put the incentive agreement on the agenda for discussion. Mr. Myott asked Attorney Spillias if it would be an option to have the attorneys work this out before the board had to make a decision. Attorney Spillias said this would depend on the developer's timeframes and finding the time to negotiate. It also hinged on the intent of the board and the intent of the developer upon entering into the agreement. It would have to be discerned from the documentation. He would sit down with the developer's attorneys if requested to do so. Vice Chair Tillman said the board had a project in front of them. He believed that the incentive agreement issue could come after the board's decision. At the end of the discussion, if the board wished to tie in the incentive agreement and the intent of the parties, it could do so. Mr. Myott asked if they could feel free to bring up these options during the discussion on the project. Attorney Spillias suggested that the incentive agreement was about providing funding and was, to some extent, a separate issue from that of determining whether or not the site plan changes are appropriate for this project and this location. He suggested that this discussion be left to the end. Ms. Horenburger suggested that she did not believe this needed to be worked out between the attorneys. They had already stated they disagreed. The Board had to decide this and the decision, based on her understanding of what was read, was whether the site plan modification, major or minor, reduces the taxable value of the property. She submitted the idea that with additional land attachment, the taxable value would definitely not be reduced. Eric Johnson, Planner, explained that this project had originally been approved in 2003 for a new site plan. Since then, the owner had acquired additional property. The property is in the study area of the Federal Highway Corridor Redevelopment Plan and as such, is eligible for Mixed Use-High zoning and Mixed Use-Core land use. The newly acquired property has a classification of Mixed Use, so a Land Use Amendment and Rezoning needs to take place. At a subsequent meeting there will be three requests for abandonment and one request for a land use amendment and rezoning. The commercial square footage has decreased overall by 14,568 square feet. The applicant did not bring forth a plan that itemizes office or restaurant uses. This can be addressed at a later time if the applicant wishes to convert commercial to those other uses. Right now, they were presenting a plan that shows 487,596 sq. ft. of retail and 378 one and two-bedroom units. 8 8801 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 9, 2005 Mr. Johnson displayed a drawing of the site and pointed to an alley that had been abandoned at the time of the original site plan approval. The applicant will be requesting that a right-of-way be abandoned. There are sidewalks that the applicant desires to be abandoned. Staff does not support the abandonment of the sidewalks but will support abandonment of the right-of-way and of the alley. Staff reviewed the project for traffic concurrency and the Palm Beach Traffic Division determined that the project meets the Traffic Performance Standards of Palm Beach County. City Utilities staff determined there would be enough potable water and sanitary sewer service to accommodate the proposed uses. The drainage plan was reviewed initially with a more thorough review to follow during the permitting process. The School District determined that adequate capacity exists to accommodate the new residents. The project now takes up two full blocks. The main entrance point is off Federal Highway with alternate entrances off S.E. 4th Street and S.E. 2nd Avenue. All lead to an interior courtyard. There is a three-story retail building and residential towers that are fifteen stories tall. There is also an internal five-story parking garage facing S.E. 4th Street. The project requires 753 parking spaces and the plans provide 777 parking spaces. This does not include the parallel spaces on Ocean Avenue or on S.E. 2nd Avenue. The MU-H zoning district requires 15% pervious area and the plans provide above and beyond that. Staff noted that at the time of permitting the developer has to provide 5% natives in the landscaping of the project. The trees would be spaced at one per twenty feet. One of the fifteen-story towers has an elevator, stairwell and some decorative elements that exceeds the allowed 150 feet threshold, so the request is before the board for a 17 foot height exception, dependent upon this space remaining uninhabitable. Staff understood that the applicant agrees with all 77 conditions of approval. Vivian Brooks, CRA Planning Director, reviewed the project for consistency with the Federal Highway Corridor Plan and Ocean District Plan and made recommendations to improve the pedestrian area of the project. This was the major intersection of the City/CRA. She recommended approval with the listed conditions and recommendations. Mr. Fenton asked about the CRA item #76. He saw a water element in the northeast corner on the developer's drawing. Ms. Brooks stated CRA staff was looking for additional features of architectural significance on all corners of the project, to relieve the long, massive buildings, especially on the intersections. Ms. Horenburger asked about condition #69 calling for a reduction in the size of the public plaza and Ocean and Federal Highway. She had met with the applicant and spoken about some of these issues. The other condition she questioned was the condition to have a staging area in front of the fountain that would accommodate live music and entertainment. One condition asks for a reduction in the size of the public area and the other asks for the addition of a staging area. When Ms. Horenburger asked the developer about this comment, they stated they were designing it so that there could be staging and that the fountain itself would actually accommodate a stage for live music and entertainment rather than designating a space that would be rarely used for that. Ms. Horenburger agreed with having a feature on each corner of the property such as architectural, landscaping, and lighting, but did not feel that a water feature on each corner was appropriate. Attorney Bonnie Miskel, a land use attorney with Ruden McMcClosky appeared on behalf of the developer. She thanked CRA and City staff for the extraordinary efforts they had 9 8802 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 9, 2005 made to bring this project before the board and for their assistance and cooperation throughout this and the original process. They also thanked Mr. Spillias for the time he had spent on evaluating the legal issues. Ms. Miskel commented on Mr. Johnson's statement that the applicant agreed with all the conditions. Although they agreed with all City staff conditions, they did have some problems with some of the CRA staff conditions and would address them after their presentation. When Ms. Miskel asked to bring up an associate to address the incentive agreement issue Vice Chair Tillman expressed a preference to continue with the project presentation and discuss the incentive agreement at the end, if necessary. Ms. Miskel introduced the project team starting with her client, Ryan Weisfisch of Maxwelle Realty, who brought the project to the City originally. She then introduced Howard Hirsch, architect with Hirsch Associates, and Erez Bar-Nur of Bradshaw & Associates, the landscape arch itect. The new site plan has placed all of the retail space on the thoroughfare frontages of Federal Highway, Ocean Avenue and S.E. 4th Street and Ms. Miskel highlighted this as one of the major improvements of the new plan. The previous plan located 30% of the retail interior to the project. The original plan had trash locations on Ocean Avenue and no trash removal for Block 2 and this was now moved off Ocean Avenue at a more conveniently located trash removal site on the other side. For 40,200 sq. ft. of retail, they were now offering 202 parking spaces. The original plan for 56,000 sq. ft. had 167 spaces. The parking garage was seven stories and it was now down to five stories. The ground level was only for 42 spaces in the original plan and they were now offering 127 spaces. The traffic pattern was also greatly improved. They did not agree with reducing the size of the public plaza and, in fact, had tripled it and added extensive landscaping. The water features they originally intended had been expanded to an 18-foot by lS-foot fountain, a significant water feature. Their amenity deck is now twice the size of the one in the original plan. They had added 102 residential units and were expecting the prices to be in the neighborhood of $200K to $600K per unit. With the additional 102 units, there would be an increase in value of nearly $40M and they believe that would be a significant improvement that would give greater value to the CRA and the community. Howard Hirsch, President and Owner of Hirsch Associates LLC, an architectural and planning firm located in Chicago, Illinois explained the history of his firm and their other projects. Most of their projects are residential in nature or multi-use developments in urban settings known as infill developments. Mr. Hirsch showed a presentation depicting numerous projects including ones in the West Loop area of Chicago and Phoenix, Arizona. Each has a very strong presence along the street and contains a mixed-use program of retail, parking and residential that is integrated into the project. Their most current Florida project is a condominium in Long Boat Key that was about to begin construction of 14 very high-end units on the Intracoastal complete with boat slips. These units will sell for $l.5M and up. Mr. Hirsch presented a PowerPoint program about the site plan for the Arches project. The buildings are L-shaped around a central courtyard. The L-shaped buildings have a taller east/west component of fifteen stories and a north/south component of four stories. The four- 10 8803 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 9, 2005 story component is pulled out to the street and becomes the scale that Boynton Beach is looking for on Federal Highway and contains retail on the ground floor with residential units above. The fifteen story buildings have been pulled back from the fa<;ade, creating very interesting and set back corners at S.E. 2nd Avenue and at the plaza on Ocean Avenue. The corners have been designed to have glass canopies. The setback and the vertical nature of that really brings the special prominence to the corners that staff was desirous of seeing. There is a tall, two-story element on the corner at S.E. 4th Street that makes a transition around the corner. In the center of Federal there is access by automobile to a landscaped courtyard in the center. That courtyard is the entrance and access to the residential towers. The lobbies are located off that interior courtyard as opposed to off of the streets around the perimeter, allowing for more retail and a more coherent look to the plaza and street frontage. There is a one-way traffic flow in the courtyard that has very convenient parking for visitors and protected access points for each of the residential buildings, as well as access into the parking structure that is located along S.E. 4th Street. There is also access to the parking structure off of 4th and access off of 2nd Street, so that people who are coming to shop or dine do not have to go through the plaza although they can. The signature plaza on the corner has been designed as a series of courtyards defined by trees and plantings and a type of activity zones. This allows more defined zones for outdoor dining for potential restaurants or outdoor retail sales. There are some smaller and more comfortable interior zones that can be used for small gatherings, seating, activities, and significantly more green space along Ocean Avenue as well. The fountain has been moved to a third zone that provides a strong focus point for the entire corner. There is seating around it and this is the point at which there can be a stage and activities if desired. The trees have been planted in raised planters that provide seating areas for people so that it has become a more active plaza. Mr. Hirsch showed slides of the upper stories, stating that the first major change starts on the fifth floor where the L-shaped portion of the building along Federal drops off, which gives some large rooftop areas that can be used as a kind of amenity. There were some large terraces or decks for the units on those corners. One slide depicted the sixth floor rooftop amenity deck that goes over the entire parking structure. The amenity deck has been designed to provide a swimming pool, cabanas, a shaded rooftop element, exercise and meeting rooms in each of the buildings that will have access to gathering areas. This is a place for the residents only so there would be no increase in traffic because of it. This was one of the key selling points of their entire project. The seventh through the 15th floors are typical tower elements. Each of the corners is treated with glass elements with recessed balconies providing shadow and a sense of scale. There is no "back" to the buildings, having all been treated equally. In reference to the height exception, the main roof is within the 150 feet allowable height for this district. The elevator and stair towers are the only elements that exceed the height limitations. The elevator and stairs/penthouse/access to the roof are understandable. The ones on the corners, though, are the result of an effort to create some more variation to the rooftop, to provide a stronger vertical element and to provide a special element at each of the transition points and building entrances. The amount of total space for these decorative elements that exceed the height limitations is quite small in relation to the total amount of area of the project. Mr. Hirsch showed the Federal Highway four-story elevations. There are fabric awnings, all-glass storefronts, and a very open and inviting frontage that would draw visitors to shop at the stores and create the activity the eRA wants to see. Up above, there are three stories of residential with recessed balconies and punched windows in order to create a variation in types of windows and fenestration. At the top of the element there is a strong, cantilevered roofline that creates a shadow that creates a strong top for the building. 11 8804 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 9, 2005 Mr. Myott asked if the glass railings were frameless or with metal caps. Mr. Hirsch responded that the railings had metal caps. Mr. Myott asked what the finish of the walls would be. Mr. Hirsch responded that they would be a post tension concrete block building with a stucco finish. Mr. Hirsch introduced Erez Bar-Nur, the landscape architect from Bradshaw & Associates in Lauderdale-by-the-Sea, Florida, who gave a very detailed, informative PowerPoint presentation on the landscaping for the site. His firm specializes in "Place Making," where they design gathering spaces for the enjoyment of all people. They strive for a powerful project image with planting, water, lighting, and landscape features. He showed images of past projects including CityPlace in West Palm Beach, the entryways for Olympia and Buena Vida in Wellington, and a water garden in downtown Ft. Lauderdale. Mr. Bar-Nur went on to describe the various site character details including landscaping, lighting, and so on for the Arches. The board thanked him for a very informative, professional presentation. Bonnie Miskel affirmed that the applicant had no objection to the conditions of approval through and including item #68. Condition #69 to reduce the size of the plaza was a surprise. They believe the proposed plaza is more versatile and because of its size, enables more activities. Ms. Miskel added that one of the most significant improvements to the current project over the old one is the addition of three more parcels to make it two entire blocks. The applicant also took exception to Condition #70. They had provided an 18-foot fountain as a significant feature, although it was not interactive. Regarding Condition #72, there was a point of clarification. The minimum size of the planter/benches was specified to be 6 x 6 x 30, and the applicant recommends a height of 24 inches as being more conducive to comfortable seating than 30 inch. The original plan did not provide for any retail uses on S.E. 4th Street and none were provided in this plan. Ms. Miskel commented that they had spent a lot of time evaluating the market and looking at what made sense and where the commercial frontage should be. They had located it in the right locations. Condition #75 is not indicative of market, and in the original meetings, this is what they were told to do. Regarding Condition #76 and the water features, the design provides for features at every street corner and had expanded the water feature from the original plan. They were landscaping and architectural features, but they felt they had provided features that would draw the eye. The concern they had about water features, especially on S.E. 4th Street and the thoroughfares not as heavily traveled, is that they may end up being attractions for vagrants, loiterers, and the homeless, possibly even being used as restroom facilities. Mr. Myott asked about Condition #43 regarding the sidewalk abandonment that has a major impact on density and related matters. Ms. Miskel said that this was on the CRA's next agenda and not before them today. If not approved, the applicant recognizes that they would be required to reduce units. Although it may seem extraordinary to the City, it is done regularly in other cities. You are allowed to provide a sidewalk by easement versus dedication and this is what they were proposing to do. Regarding Condition #75, CRA staff recommended that the frontages have active uses such as office or retail or, if approved without the condition, garage openings at all levels of S.E. 4th Street should have metal trellises with bougainvillea or equivalent species. The applicant did not object to the latter. They did not consent to changing the uses on S.E. 4th Street, but were willing to convert to trellises on S.E. 4th Street if the board wishes. 12 8805 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 9, 2005 Ms. Miskel summed up with the request the board consider approval with recognition of their objections to the listed conditions. Vice Chair Tillman opened the floor to the public. David Zimet, Boynton Beach Faith Based CDC, referred to the legal discussion about the incentive agreement and potential rescoring. If the developer is rescored, he asked that the CRA give consideration to affordable housing. Mayor Jerry Taylor, 1086 S.W. 26th Avenue, Boynton Beach, complimented the board for the work and effort they were putting in to get a downtown for this community. He believes the board is doing outstanding work and asking the right questions. He thanked them for that. Mayor Taylor's interest in the site went way back to when there was a little biker bar on the corner, which later became The Dolphin Restaurant. Then the original Arches project was presented on a much smaller footprint than the project now before the board. The current developer did what was necessary to purchase the additional property to give the City a much nicer project for the downtown, including the lovely amenities. He liked the water fountain very much and commented that the City was working on having an interactive fountain elsewhere. He felt that water features on all four corners would be "overkill." He suggested to the developer that they consider the type of fountain that is capable of different colors of water, which was beautiful. People would sit for hours and watch that and the idea was to bring people downtown. He liked the large size of the plaza because it would give people room to circulate. The parking is increased considerably and the whole layout is more significant than the original plan. Mayor Taylor felt the City should regulate the color of such things as awnings in the City's residences, but not in the commercial/marketing arena. If the original project, which had a worse layout, an 8-story garage, and less area for people to walk around in was worthy of the incentives, then the present project with its layout, 5-story garage, and large public areas would certainly be entitled to the incentives. He felt it was responsible of the board to ask about the incentives, but after hearing what the City would be getting, the only conclusion could be that this project was more than worthy of the incentives. The City had waited a long time and it was time to act, time to make this happen. He encouraged the board to approve the project, get it done, and give it to the community. Harvey Oyer, 512 N. Seacrest Boulevard, Boynton Beach, owner of the property across the street from the proposed project, declared he was a member of a group that opposed this project originally and filed suit to get a declaratory judgment. The legal issue is not settled. The people in the community voted in 1982 for a 45-foot height limitation. This was either the second or third referendum to establish such a limitation. It was done after the then City Attorney Raymond Ray wrote to the then Attorney General Bob Butterworth, who ruled or gave the opinion that the legislature, in setting up a Home Rule Law, overrode previous legislation. Then the people voted again. There has been a precedent in Volusia County, Ponce Inlet District, where the Court upheld the validity of a referendum over the actions of a city council. He thought the developer was being left open to future litigation. A few years back, a group of over a hundred people had a planning session and the city adopted a plan where along Ocean Avenue it was to be more of a historic district, multi-use, with low height limits. The City put in new sidewalks, cut down the park to make it pedestrian friendly, and another political group came along and did away with it. They did not elect to go into the administrative court to see if the City had violated an administrative code, but he suggested the courts in the past had upheld referendums over ordinances. He thinks the City has made a mistake and that the City should have gone to the court and asked for a declaratory judgment instead of taking the position that people don't fight city hall. In summation, "the Methodist Church owned the subject corner when U.S. #1 was a two-lane road. The traffic in 1925 and 1926 was too great to hold church services ] 3 8806 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 9, 2005 there so they sold the property. A group came in to put in a seven-story hotel. The Florida land boom busted, they did not pay the rest of the money, and the court ruled the steel in it belonged to the seller because he had not been paid. The Japanese bought it and shot it back at us in World War II. The banks busted." He felt this project was a mistake and damaging to the City from an economic and a legal standpoint. Brian Edwards, 629 Northeast 9th Avenue, Boynton Beach, offered his opinion that "things had changed." He supported this project before and supported it now. The project had grown and improved and he hoped the incentives issue would not hold the CRA back from a unanimous vote of approval. He felt the precedent was already set on height. This project complements what is already happening downtown and will draw interest to further that. He hoped that as the CRA moved forward with this type of project, some of the other issues would not be lost such as the Children's Museum, the new Library, and the Old High School improvements. Commissioner Bob Ensler, 26 Woods Lane, Boynton Beach, expressed disappointment about the way the incentive agreement issue came to light at the last minute. He thought this was like throwing in a "red herring" and that this issue should have been researched and decided a long time ago. He strongly disagreed with the interpretation of a simple statement that says that the incentive is tied to the value of the property. To come before the CRA and the Commission at this late date without all the research having been done was wrong, in his opinion. Mr. Myott asked what he thought the incentive was tied to. Commissioner Ensler said it was tied to the taxable value. The intent, as he understood it, was that if you give "X" number of dollars, you expect a certain amount of revenue in exchange for that. The concern was not to let anything happen that would affect that revenue. He did not see how it could be read any differently. Mr. Fenton did not see the relevance to a discussion of the incentive agreement. The developer enhanced the value of the property and the CRA will realize more T.I.F. income from it. Creating affordable housing in this project would raise other issues. He was concerned about Condition #43 regarding the sidewalk abandonment request. The answer was that approval of the project would be contingent upon this condition and the request would be submitted at the August 30, 2005 meeting. Mr. Myott said that time changed things. Regarding the discussion on affordable units, that discussion would not have taken place in 2003 when the project was first submitted. You could still buy a condo unit for $150K or less. Two years later, there's been a big increase in the cost of housing. He was in favor of rescoring the project. He wanted to make sure that Planning staff receives more details on the construction such as samples of wall construction, finishes, the railing, the window, and a mock-up of what the building is going to look like. Even though the renderings are better, they still do not go far enough. Mr. DeMarco looked at the project in terms of the big picture and was comfortable with what he had heard in the presentation. He congratulated Planning staff for doing a great job. He felt that any discrepancies could be worked out between Planning staff and the developer and he was behind the project 100%. Mr. Myott asked for the schedule for start of construction and delivery and whether there would be more requests for extensions. 8807 14 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 9, 2005 Ms. Horenburger noted that the Uptown Lofts project was not asked to provide certain colors, but staff recommended that the Arches provide awnings of a certain color. She agreed with most of the board member comments. Ms. Miskel stated that she had been to an Affordable Housing Workshop put on by Palm Beach County and their cap for affordability in Palm Beach County is currently $350K. Judged by that standard, their units starting at $200K were affordable. Ryan Weisfisch declared that they planned to break ground by the end of this year and delivery would be in the middle to third quarter of 2007. The timing was partially dependent on the receipt of permits. If there were a delay, it would be more like two months and not six or twelve months. Vice Chair Tillman spoke in favor of the analysis of the incentive agreement and how it related to this project. As a taxpayer, he appreciated having his financial interests protected. From what he had seen of this project, he would vote in favor of it. Motion Ms. Horenburger moved to approve request for major site plan modification approval for the construction of a large scale mixed-use project (Arches MSPM 05-008) 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, incorporating staff conditions of approval # 1 through 68, eliminating item #69 that asked for a reduction in size of the public plaza, eliminating word "interactive" in item #70, eliminating #71 because the fountain incorporates a public staging area, revising item #72 that calls for 30 inch high seating on the planter benches with 24 inch high seating, eliminating item #75 requiring S.E. 4th Street frontage to have active uses, and eliminating item #76 requiring fountains on all corners. Mr. DeMarco seconded the motion. Mr. Fenton confirmed that Ms. Horenburger's intention was to eliminate the first sentence of item #75 and she agreed to a revision to her motion, as did Mr. DeMarco. Mr. Myott was in favor of rescoring the project for a new incentive agreement. Ms. Horenburger added to her motion that the original incentive agreement would remain in effect based on the taxable value of property being increased since the agreement was made, Mr. DeMarco agreed to this addition. The amended motion passed 5-0. Motion Ms. Horenburger moved to approve request for a height exception (Arches HTEX 05-006) 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 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, subject to staff's comment that at the time of permitting, the elevations shall be revised to indicate by note that the roof profiles (proposed at 161 feet - 8 inches in height) are non- inhabitable spaces and are decorative elements. Mr. DeMarco seconded the motion that passed 5-0. Attorney Spillias commented that he would not normally bring something like the incentive agreement to them at the last minute. He received the letter from the applicant's attorney on Tuesday or Wednesday of the week prior to this meeting when he returned from vacation. He felt it was his obligation to let the board know what the options were. He represents this board and nobody else. Mr. Myott hoped that any future incentive agreements would be more flexible and allow room to negotiate and Attorney Spillias responded that it had already been done. 15 8808 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 9, 2005 At 9:42 p.m., the board decided to continue the meeting until 10:00 in order to hear the Chow Hut public hearing item. Motion Ms. Horenburger moved to continue the meeting to 10:00 p.m. Mr. DeMarco seconded the motion that passed 5-0. C. Maior Site Plan Modification 1. Project: Agent: Owner: Location: Description: Chow Hut (MSPM 05-007) George Brewer Anthony J. Mauro and Dough Peters 558 N.E. 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). Kathleen Zeitler, Planner, described the proposed project as a take-out restaurant with outdoor seating on Gateway Boulevard west of the railroad tracks on the corner of Gateway and Federal Highway. The restaurant would be a high-turnover restaurant. Covered dining areas would be located on each side of the building and constructed like Indian chickee huts. The restaurant is supposed 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. The applicant also indicated that no amplified music would be played indoors or outdoors. The site is non-conforming on landscaping, but the proposed site improvements will bring the site up to Code as much as possible. 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. Staff recommended approval of the request. George Brewer, architect and agent for the owners of Chow Hut, stated that the chickee hut theme was not intended to be an Indian in nature, but to provide reminders of the past and provide comfort in a non-air conditioned space. The applicant was in agreement with all conditions of approval except condition #24 regarding the color. They wanted to have their own identity and keep the colors they had suggested. They felt that their color selections worked well with the wood and thatch and they did not want to duplicate or be tied to another project as suggested in the color recommendations. Bharat Patel, owner of BMT Discount Beverages, the shop to the east of the proposed Chow Hut, spoke of the extremely limited parking conditions in the area. He did not understand how Chow Hut could have 32 seats and only a few parking spaces. He also did not understand why a take-out restaurant could have 32 seats. People coming to BMT are only there for a minute or two and the people frequenting the Chow Hut would require 20 to 30 minutes at minimum. He did not know how this project was going to affect his parking lot. Also, there was no room for parking in the rear of the proposed project. He feared customers coming to his store would have no place to park if the proposed project were put in place. 8809 16 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 9, 2005 Ms. Zietler responded that the proposed project complies with the parking requirements for the proposed use, a high turnover takeout restaurant. They are limited to 32 seats based on 13 parking spaces. Mr. Brewer likened the Chow Hut to Doc's Soft Serve Ice Cream in Delray Beach, a well-known community style restaurant facility with very little parking space. It is also primarily a takeout restaurant. Mr. Myott commented that there were a lot of residences in the area that could generate pedestrian traffic for the Chow Hut such as The Crossings and a new residential complex being built on the site of the former Boynton Mobile Village. Vice Chair Tillman visited the site and noted that currently, people were using the space between the two businesses (BMT and proposed Chow Hut) as a short-cut, which was dangerous in itself. He believed that the Chow Hut would be a definite improvement for the area. Mr. DeMarco asked if signs could be put up designating which parking was for the Chow Hut and which was for BMT. Ms. Zeitler remarked that all of BMT's parking was facing Federal Highway. Mr. Myott asked Ms. Zeitler if Planning staff could support the architect's request for colors. She offered to show the board paint chips and samples. Motion Ms. Horenburger moved to approve the major site plan modification for Chow Hut 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), subject to staff conditions of approval except for condition #24, the color recommendations. Mr. Myott seconded the motion that passed 5-0. D. Code Review 1. Project: Agent: Code Section: Description: R-O-W Widths in PUDs (CDRV 05-014) Staff -i n itiated 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. This item will be added to the agenda of the August 30, 2005 meeting. VII. Pulled Consent Agenda Items Attorney Spillias declared that Consent Agenda Item IV-D had to be addressed at this meeting since it had been noticed. Motion Ms. Horenburger moved to continue the meeting for an additional ten minutes. Mr. DeMarco seconded the motion that passed 5-0. Consent Agenda Item IV-D, is an easement by the CRA to FPL to allow them to put their lines underground along Boynton Beach Boulevard extension rather than aboveground. Attorney 17 8810 Meeting Minutes Community Redevelopment Agency _f3oynton Beach, Florida August 9, 2005 Spillias pulled this item because it required a resolution authorizing the chair or vice chair to sign it. The resolution was given to board members before the meeting. He requested the board to approve the resolution and the easement. Motion Mr. Fenton moved to approve the easement and associated resolution to FPL to allow the installation of underground lines along the Boynton Beach Boulevard extension. Ms. Horenburger seconded the motion that passed 5-0. Consent Agenda Item IV-C, Consideration of Florida Employer Solutions Agreement to Perform a Human Resources Study, was discussed. Ms. Horenburger expressed surprise that the CRA could not find a firm in south Florida, the largest region in the state, to perform this study. She believed that some incentive had to be given in the numbers and ranking to accommodate local firms of all kinds. She hoped they would not come back with a lot of comparisons to business and not recommend contracts over one year. She also hoped they would restrict the comparison to public agencies of similar size. Motion Ms. Horenburger moved approval of the Florida Employer Solutions Human Resources Study agreement. Mr. Myott seconded the motion that passed 5-0. Mr. Fenton pulled Consent Item IV-B, Financial Report, because he was not sure whether it was appropriate to approve it prior to the audit. Mr. Hutchinson said that the monthly reports were going in and the audit would address any findings in regard to the financial reports. Ms. Horenburger felt that this was a "receive and file" item, not one in which every item was approved. Mr. Hutchinson agreed. Mr. Fenton pointed out a discrepancy on page 8725 where there were current expenditures for the CBD parking garage of $168K, but year-to-date expenditures of only $96K. Mr. Hutchinson said this would be corrected and the report would be presented again. Motion Ms. Horenburger moved to postpone receiving and filing the June Financial Report until the next meeting, pending amendments as discussed. Mr. DeMarco seconded the motion that passed 5-0. Ms. Horenburger spoke about Consent Agenda item IV-E, The Urban Group's (TUG) contract, stating that so far, the CRA had spent $239,298.81 on real estate acquisitions. She felt that this item should be postponed until the board had an opportunity to discuss some of the property acquisition practices in the Heart of Boynton area. She knew the board had a policy in place, but it was starting to appear that the CRA was competing against the private sector. Motion Ms. Horenburger moved to postpone this item pending board discussion of the item. Mr. DeMarco seconded the motion. Ms. Horenburger clarified that TUG would need to continue to perform this service on an as- needed basis. It was not clear that the current agreement with them had expired. Mr. Hutchinson stated that this agreement was for acquisition through eminent domain and management of properties. He felt it was appropriate to table it until the board decided what it wanted to do about it. He added that there was a Task Order with TUG that was still in place. Mr. Fenton asked if TUG would continue business as usual if this motion were to be passed. Mr. Hutchinson stated they were not working on these items yet because the City did not move 1 8 8811 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 9, 2005 forward with the CRA's request to proceed. This is on hold until the CRA and the City discuss and jointly decide to move forward on this and related items for the assembly of Phase One. The motion passed 5-0. At 10: 14 p.m., the agenda was not completely addressed and the agreed-to time for the meeting's end was reached. Motion With apologies to those who had been waiting for their items to come up, Ms. Horenburger moved to continue the unheard agenda items (VIII through 'XV) to the August 30, 2005 meeting. Mr. DeMarco seconded the motion that passed 5-0. VIII. Old Business IX. New Business A. Consideration of Interlocal Agreement for the Old High School Adaptive Reuse B. Consideration of Interlocal Agreement of the Boynton Beach Promenade Project Extension C. Consideration of S.E. 4th Street Project Upgrades D. Consideration of 'The Promenade" Direct Incentive Agreement Extension Request X. Board Member Comments XI. Director's Report XII. Legal XIII. Other Items XIV. Future Agenda Items A. Special Meeting: 1. Tuesday, August 30th at 6:30 p.m. City Hall Chambers · Consideration for Requests from Arches Project · Workshop - 2nd Consideration of 2005-2006 Budget B. Workshop Meetings to be held on the following dates: 1. Thursday, August 18th at 6:30 p.m. Suite 107 · Consideration of 2005-2006 Budget 2. Thursday, September 22nd at 6:30 p.m. Suite 107 · 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 19 8812 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 9, 2005 · 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 Review - 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 XVI. Adjournment The meeting was duly adjourned at 10: 15 p.m. Susan Collins Recording Secretary (081005) 8813 20 BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM Requested CRA Date Final Materials Must be Meetin~ Dates Turned into CRA Office 0 January 11, 2005 December 28, 2004 (Noon) 0 February 8, 2005 January 25, 2005 (,",oon) 0 March 8, 2005 February 22, 2005 (Noon) 0 Apfll 12,2005 "larch 29, 2005 (Noon) 0 May J 0,2005 Apnl 26, 2005 (Noon) 0 June 14.2005 May 31, 2005 (Noon) NATURE OF AGENDA ITEM . Consent Agenda o Director's Report DATE: July 27,2005 Requested CRA Meetin~ Dates 0 July 12,2005 . August G, 2005 0 Septcl11ber 13, 2005 0 OClObcr 11, 2005 0 November 8, 2005 0 Deccmber 13,2005 0 Old Business 0 l\'ew Business Date Final "'Iaterials Must be Turned into eRA Office June 28, 2005 (:\oon) July 26. 2005 (Noon) August 30, 2005 (Noon) September 27, 2005(Noon) October 25,2005 (Noon) November 29, 2005 (Noon) o o o Legal Future Agenda Items Other Item SUBJECT SCMMARY PARAGRAPH: Conected June Financials are being presented at the August 30th, 2005 CRA Board Meeting. Staff has reviewed the financials, the Balance Sheet, Income Statement and Budget to Actual Comparison as well as the Statement of Cash Flows for the approval of the CRA Board. RECOMMENDATION: Staff is recommending approval of 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. W:'Agenda\CR.A.. Agenda Request - June 2005 Financials.doc ~ ?- Douglas Hutchinson, CRA DIrector 8814 :=jur-J t ~-; ~ rW ~J M3:> July 31, 2005 Current Month October - June Total YTO Approved Income and Income and and Unapproved Revenue Expenses Expenses Income/Expenses Tax Increment Funds Tax Increment Funds: $0.00 $3,871,616.02 $3,871,616.02 Total Tax Increment Funds $0.00 $3,871,616.02 $3,871,616.02 City Funds City Transfer Funds $0.00 $0.00 $0.00 Total City Funds $0.00 $0.00 $0.00 Grants, Project Reimbursements Grant Funding $0.00 $0.00 $0.00 Total Grants and Projects $0.00 $0.00 $0.00 Interest Income Interest Income $61,011.87 $393,563.48 $454,575.35 Total Interest Income $61,011.87 $393,563.48 $454,57535 Other Income Other Income $0.00 $5,19000 $5,190.00 Total Other Income $0.00 $5,190.00 $5,190.00 Total Sources of Funds $61,011.87 $4,270,369.50 $4,331,381.37 8815 ~'1 lC (~-: l.J t\ t-JG II\.,LS -- _;/L{I'-, c~ \ \ I' M' ,...-- Current Month October - June Total YTD Approved Income and Income and and Unapproved Use of Funds Expenses Expenses Income/Expenses Debt Service Debt Service Principal Payment $0.00 $72,344.25 $72,344.25 Interest Expense Payment $0.00 $81,510.83 $81,510.83 Debt Issue 1 $0.00 $0.00 $0.00 Sinking Fund $0.00 $223.434.08 $223,434.08 Total Debt Service $0.00 $377,289.16 $377,289.16 Program Expenses Web Site Updates / Expansion $1.284.00 $4,471.70 $5,755.70 Printing & Promotional Programs $0.00 $1,807.90 $1,807.90 Police Programs $2.386.55 $201,333.50 $203,720.05 Transportation / Trolley $70,772.39 $14,205.75 $84,97814 Festivals / Events / Bus. Programs $1,720.75 $54,518.97 $56,239.72 Fac;ade Grant Program $30,000.00 $67,026.77 $97,026.77 Economic Incentive Program $0.00 $10,21900 $10,219.00 Miscellaneous Programs $0.00 $0.00 $0.00 Total Program Expenses $106,16369 $353,583.59 $459,747.28 Project Expenses Riverwalk / Promenade Project $228,583.17 $1,251,233.36 $1,479,816.53 HOB Commercial/Improvements $2,463.84 $264,65398 $267,11782 Way-Finding Signage $0.00 $2,865.36 $2,86536 Marina Parking Garage $315.000.00 $157,500.00 $472,500.00 CBO Parking Site $0.00 $0.00 $0.00 Savage Creatures Complex $8,504.81 $0.00 $8,50481 Miscellaneous Projects $0.00 $7,535.00 $7,535.00 Streetscapes (BBB, MLK, Seacrest) Total Projects Expenses $554,551.82 $1,683,787.70 $2,238,339.52 8816 ~~~J LJ. ,,~rE, /'..... , , c r/ , N Il "'-.I C..A t-1 L- ._-~ Current Month October - June Total YTO Approved Income and Income and and Unapproved Expenses Expenses Income/Expenses General & Administrative Salaries & Contract Labor $23,38076 $216,660.09 $240,040.85 Payroll Tax $1,832.28 $16,066.08 $17,898.36 Disability $207.25 $1,024.67 $1,231.92 Retirement 457 Plan $0.00 $1,500.00 $1,500.00 Accrued Time Off $0.00 ($4,88244 ) ($4,88244) Workers Compensation $135.57 $1,174.99 $1,310.56 Health Insurance $2,46686 $12,675.21 $15,142.07 Life Insurance $63.50 $868.77 $932.27 Professional Fees - Audit $0.00 $7,400.00 $7,400.00 Professional Fees - City Staff $0.00 $2,115.02 $2,115.02 Professional Fees - Contracted Services $31,641.36 $269,940.78 $301,582.14 Professional Fees - Legal $0.00 $119,489.41 $119,48941 Professional Fees - Main!. & Cleaning $200.00 $2,647.95 $2,847.95 Professional Fees - IT Support $0.00 $13,489.45 $13,489.45 Rent Expense $1,600.00 $16,640.00 $18,240.00 Telephone Expense $601.24 $5,008.23 $5,609.47 Electric Expense $270.16 $1,63773 $1,907.89 Equipment Leases $1,083.00 $1,985.15 $3,068.15 Office Leasehold Improvements $0.00 $3,79596 $3,795.96 Property / General Insurance $206.66 $680.21 $886.87 Bonding Insurance $27.16 $214.60 $241.76 Professional Insurance $447.04 $1,799.80 $2,246.84 Promotional/Business Meeting $253.56 $8,313.96 $8,567.52 CRA Meeting / Presentation $0.00 $9,740.20 $9,740.20 Association Meeting $0.00 $1,595.35 $1,595.35 Seminars $0.00 $5,822.91 $5,822.91 Mileage & Delivery Services $337.62 $1,295.58 $1,633.20 Car Allowance Director $570.52 $2,993.10 $3,563.62 Office Supplies $1,633.65 $14,56409 $16,197.74 Office Expense $61.50 $641.33 $702.83 Office Equipment / Furniture $164.80 $10,513.18 $10,677.98 Licenses, Fees, Permits $1,22616 $844.07 $2,070.23 Membership, Subscriptions $0.00 $9,38422 $9,384.22 Books & Publications $0.00 $724.95 $724.95 Advertising Expense $1,432.40 $16,977.97 $18,410.37 Career Development $0.00 $1,529.00 $1,529.00 Depreciation Expense $1,865.04 $11,747.17 $13,612.21 Office Printing $147.33 $3,149.77 $3,29710 Interest Expense $0.00 $62.69 $6269 Marketing and Promotions $0.00 $329.00 $329.00 Miscellaneous $0.00 $3,540.00 $3,54000 Total General & Administrative $71,855.42 $795,700.20 $867,55562 Total Application of Funds $732,570.93 $3,210,360.65 $3,942,931.58 Fund Sources in Excess of Application ($671,559.06) $1,060,008.85 $388,44979 8817 :J'-'LA. 0(- ...-- - ~ "-' f. I f'-..lJ3, ~j etA c":~) Current Month October - June Total YTD Approved Income and Income and and Unapproved Use of Funds Expenses Expenses Income/Expenses Debt Service Debt Service Principal Payment $0.00 $72,344.25 $72,344.25 Interest Expense Payment $0.00 $81,510.83 $81,51083 Debt Issue 1 $0.00 $0.00 $0.00 Sinking Fund $0.00 $223,43408 $223,434.08 Total Debt Service $0.00 $377,289.16 $377,289.16 Program Expenses Web Site Updates / Expansion $0.00 $3,187.70 $3,187.70 Printing & Promotional Programs $0.00 $1,807.90 $1,807.90 Police Programs $22,632.80 $153,898.96 $176,531.76 Transportation / Trolley $8,57800 $5,627.75 $14,205.75 Festivals / Events / Bus. Programs $75.00 $51,326.37 $51,40137 Fa<;ade Grant Program $0.00 $67,026.77 $67,026.77 Economic Incentive Program $0.00 $10,219.00 $10,21900 Miscellaneous Programs $0.00 $0.00 $0.00 Total Program Expenses $31,28580 $293,094.45 $324,380.25 Project Expenses Riverwalk / Promenade Project $233,153.05 $642,703.86 $875,856.91 HOB Commercial/Improvements $86,199.15 $10,054.83 $96.253.98 8818 BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM BOYNTON BEAcii Requested eRA Date Final Materials Must be Meetine Dales Turned inlo CRA Office December 28. 2004 (Noon) Requested CRA Meeline Dates D July 12,2005 . August 9, 2005 D September 15,2005 D October 11.2005 D No\ember 8, 2005 D December 13,2005 D Old Business . New Business D January II, 2005 D February 8, 2005 D March 8, 2005 D ApfJl 12.2005 D May 10.2005 D June 9, 2005 Januaf) 25.2005 (Noon) Fcbruaf) 22,2005 (t>:oon) March 29, 2005 (Noon) April 26, 2005 (Noon) May 26. 2005 (Noon) NATURE OF AGENDA ITEM . Consent Agenda D Director's Report DATE: August 25,2005 Date Final Materials !\Iust be Turned into eRA Office June 28, 2005 (Noon) July 26, 2005 (Noon) September I, 2005 (Noon) Septel11ber 27. 2005(Noon) October 25,2005 (Noon) No\ember 29.2005 (Noon) D D D Legal Future Agenda Items Other hem SUBJECT SUMMARY PARAGRAPH: In the past fiscal year, the CRA staff has almost tripled. The growth in personnel increases the technology needs of the agency. Additionally. the CRA issued a $19 million bond referendum which changes compliance reporting and accounting requirements of the agency both at the federal and state level. RECOMMENDATION: Staff is recommending the purchase of a fully-integrated accounting software to handle both internal and external demands of reporting. Board agreement to purchase this accounting software necessitates a simultaneous purchase of a stand-alone server to handle the implementation of this accounting package coupled with increased technology demands due to the growth of agency personnel. EXPLANATION: The CRA Board approved the purchase of a new server as a line item on the FY 2004-2005 Budget. This request for purchase at this time will actually have virtually no impact since it was previously approved and delivery date will occur approximately on or slightly before October 1, 2005 The Carillon Accounting Software is a very cursory baSIC software for a start-up operation and is not capable of providing either departmental or project driven accounting statements. Carillon does not support a municipal fund accounting system and requires all individual project statements. Staff utilized the CRA purchasing procedures and evaluated 4 accounting packages to determine the superior accounting software for the CRA. Evaluation criteria reqUired the following 1.) City mandated MS Sequel Server database and/or; 2) Software must be utilized by large membership of municipal clients. After contacting five Florida cities that utilize INCODE software and receiving strong recommendations; staff was satisfied to recommend purchase of the software. FISCAL IMPACT: Estimated impact of the Dell Server and installation of two network switches is at a cost of $10.000 Estimated purchase of INCODE Accounting Software Modules: General Ledger, Accounts Payable with Bank Reconciliation and Projects with a cost of $5.820.00 per year for 4 years until ownership. This cost includes set-up. implementation and training. The total for both the technology and software through 2005/2006 IS $15,82000 A Proposed 2004/2005 Budget Adjustment and Proposed 2005/2006 line items for these purchases is $26,750 leaving a balance of $10,930 AL TERTTIVES: Recommendation not to purchase technology and software I /1 ~ '- /"". I I' ! 'I --==- ~ (/' f ")'- -' /1 J _.....J. +. ~ \' IU"J Ci__ ~- ,{.. c;:::..7j ~ /- ,...- 8819 I ) "1 CRA Staff (j I t Douglas Hutchinson, CRA Director CIDocuments and Settlngs\brightl\Desktop\2005 Agenda Summaries\Technology.Acctg Software. 8 3005doc Page I of 1 Bright, Lisa From: Svatek, Richard Sent: Wednesday, August 24. 2005 1002 AM To: Bright. Lisa Cc: Reardon, Robert; Wallace, Peter Subject: RE PC Pricing & Technology Pricing Lisa, I sent you the Dell quote for the PC's in another email per your request. 1. For the server purchase, Dell's price range is (aprox) $4,400 to $7.500. The server has not yet been quoted with the configuration I feel is best for operations at the CRA. I am continuing to work on the quote with Dell and expect the purchase price to come in around $5,600 2. Also needed is a rack or cabinet for the server. Price to be determined. 3. The remainder of the server install will include two switches (Nortel part number AL2012E15 for user connections in each office) with a purchase price of $2,400 each Please let me know if you need more information at this time. Thank you, Richard --mOriginal Messagenm From: Bright, Lisa Sent: Tuesday, August 23, 2005 7:27 PM To: Svatek, Richard Cc: Reardon, Robert; Wallace, Peter Subject: PC Pricing & Technology Pricing Dear Richard, Would you email a cursory price for the new pc as well as general pricing for our Server upgrade package? I need it for a board packet by Thursday? PS. Please forward the specs on the pc (under separate cover ok) so that I can order to the pc asap. Thanks - Lisa Lisa Bright Asst. Director Boynton Beach CRA 639 E Ocean Ave, Ste 103 Boynton Beach. FL 33435 561.7373256 561 737.3258 - Fax 8820 8/24/2005 ]NCODE T yt (r~ 1 r (H"O._ C [,I" 5808 4th Street Lubbock, Texas 79416 800.646.2633 toll-tree 806.7974849 fax sales (.ili ncode -ine.e om www.incode-jnc.com 8821 'f; :.h ~ S ,2 ;J :;: D.. >-; ~ 't, 0. 1 If, '"' ;J <t :l> CT o C .- .- --: :3 '5- c '^ -<: o c . ~ Z ~ ~ ~ =: ~ '" :z: ~ ~ ;.:; ~ C ;- ~ g ~ ;J i:;.;' J; It ;r:. n ~ g ~ D ~ :.I, "0 '" '" ::0 :0 .^ Co < is"" ~ o '< <" " c CO " <t -" :.J C. '1 :; ~' ~ , r r: " '" .., :]1:; ,] ,~ :; , ." ~ ~ ~ '" '1) :3 ~ c <: " '" C ~ Co 2 ~ ~ r;- ~ ~ n ~ ." " " :::; , 'ro ~ :;: " '" ~ ~ 't U' x ;2 is '" '" :; " 't "' -:: 0. ~ .~ ~ ~' w - ;J 't ; o 7 :::r~ ~" J ,<~ " ~ D ~ ;J 0. z :ro --: :f :::: <t ~ c '" <t -.oj '" .'t '1: '1) >:- ~ :r:: if, ~ :; ~ ;:.: ~ :;: n <: ~ :.J: '" w cO 2 := :ro ::r ~ co := ~ " " ;:r:;-" .j ., c ~ OQ :;: 'fl <: '"' o ,~ ;r :ro J 6. ~ ~ 'J' C --' -2 ~ " .., '" ;J 0- '.< ~ '" 8822 . ~ 'Jl '..-:" c q ." , u 'J.: :; . <t :3 .yO 0. 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" L "'l :) w;;; ~ " " it ,., ~ " ~ ::J ~ ~ ~ 10 ::J' ~ g ~ g ., ~ ~ ;;; ~ S? 0.. ~ 0. 0 n ~ ::J on C '< o c: c ~ C ::J 0, [ ~. '" - 0- ::.., " ~ '" OJ S. ~ -> ~ ~ ~ ? ~ ~ Z ~ 0 2 ;:; c ~ ~,~ ~ E~~ '~3~ :: ifl::lIiJ"Oa ~, CD ~ ;:t ;.J g3s~2~ ~ "D ::t: ;..: '~j 0 (fl 'J> w C ,., W ::J n G. ::J' ::J' o ~ :3 ~ ~ ;; (j :J if C G. - C " c ~ c g .., ,TO ~ Jt:< ;. 0 ~ ;. :f, rt' .., rtJ .. ~ ~ !- ro ~ ;::l " -~ , E 0- m '" ~ ~ " ::J' w >.: ::J ~ < 0... ,~ (C 8823 " c- 3 >.;. --= ;.:.... '; :;;; CD' . . . 2 ~ ;: ; ;1:.; - '" ; ; ~ ~S-63 ~ ~-- ;:;; ~ w '" " IT :J' ~ '2 g- ~ ~ " g [ - ;: ~ ~ ~, l ; ~ ". - ::J - ::J ~ ~ - ~ ~ i.- r 'n " '" C 5 ~ ;. - ~ ::; ::;. ~ J 'F ~ g rt -' J, C .T .... r'; c ::J co ~ ~'L?t-,~~ ~ ;:j '"-" ~ '") ;::.J .::; ~ iJ' CT: :t: '~ 7:="'-'8, ~ 2 ~ ~ 5' if. m:: g, ---: < . ~ " ::J ~ - ~ 2 c.. c 6- : ~ ,~ ~; ~~~",3~:; ~ ::r ~ ,~ (t ct. ::J' 'JJ :r. S r.; :: '.I ;:L 3 , ;:l g -g ~ ~ 7 ~ ~ ~ 'i 3 ~ ~ ~ o ~ ~ ::J 2 CD ~ ~ [ 6. ;;; ::J ~ ~ ;; ~ J. W' ~ (t " ;c. ~ ::J' v J ~, 11) '" OJ' . ... o 8 .g;V1 ~~~ C 11) < ~.V'I ~ N", \0 ::;J 3 VI 0.. ~ Qj C ro /"0 -. :::r V>_Qj -< ::;J J'4'!':jio54':~;1-l~":\'!f~W,:t.;'~I~.~:z I"" . '. . . . I! .f t-Jene'ra. Leager :CODE's General Ledger application is the foundation for INCODE's suite of financial apphcationsAl] INCODE financial applicatIOns are fully integrated to the General Ledger. The Genf~ral Ledger simplifies your data processing with time saving features such as saving common entry formats as templates for reuse, loading previously posted Cj ~~ cash collections accounts receivable human resources payroll/personnel electronic time sheet accounts payable purchase orders check reconciliation gasb 34 reporter inventory control fixed assets A seamless integration throuqhout INCODE's financial suite allows all data to flow througfl the General ledger and be automatically reilceted throu::)hout the ~,yc,tem Additionally, the GellPral LedrJer Interfaces with our Court applications. Customer Relationship Management and MUrlicipi'd 8824 transactions for adjustment or reversal, and automatically supporting pooled cash accountmg. The General Ledger also provides powerful inquiry and reporting capabilitJes with user defined searches through det31led audit trails and records. Budget Preparation Budget Preparation is a sophisticated module within General Ledger that allows multiple budget versions to be created. User.defined options for budget formulation, fund allocation, and security access allow your site to tailor the application to your budgeting needs. All budget informatlOn and worksheets now through to the General Ledger for inquiry throughout the fiscal year. F1roject t'\ccount~ng INCODE's Project Accounting system is designed to allow tracking of projects, budgets and grants across multiple fiscal years. An interface to INCODE's financial suite allows project activity to be updated automatically as project expenses are posted to General Ledger accounts. The Project Accounting software allows you to attach user.defined project codes, line items, statuses and descriptions. The system maintains detailed project activity history and produces comprehensive summaries and reports. www.ineode.inc.com :f:;;f,~ II I.__.b.~_c -. -._b.. ~~- -..._--.....~- Accounts Payable rNCODE's Accounts Payable automates your cash, accrual and nodified accrual ba~i;; accounting. The Vendor Master record holds invoice, payment, history, and general lEdg ~r' activity information. Flexible invoice processing and payment abilitit>s include using account templates, recurring invoice processing, one.time vendor processing, and selecting paymelLi by due date, discount date or manually. Accounts Payable provides compr2hensive reports, item processing tools, and audit trails to manage and secure the payable precess. gel1eral ledger pre'ject accounting budget preparation Q ffillD ~-q~ f~\l ~ / , -, / I~r~ The Financial Suite integration allows encumbrances to be automatically created and liquidated in the General Ledger and in Accounts Payable as purchase orders and invoices are processed. Checks -'ire continually accounts payable ChECk reconciliation purchase orders reconciled throughout the Generaf Ledger. Payroll, Cash Collections, and Accounts Payable systems. payroll & personnel human resources electronic time sheet Purchase Orders II\:CODE's Purchase Order system provides complete encumbrance accounting includi~g printing purchase orders, partial or full liquidation of encumbrances, and analysis of opc'n, closed or voided purchase orders. Purchase orders are routed through :\ user.defined approval process. Audit trails of all requisitions are maintained at the system level. Che.ck Reconciliation The Check Reconciliation system tracks bank deposits, checks, int<:~rest banL charges, L I I provides easy check.clearing tools. System integration tools, mon;h.end reconci.io Iii I statements, and user.defined check registers make t1e Check RecCin:liation modulE " easy.to.use method for automating the bank reconciliation process. 8825 www.iixode.inc.com BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM BOYNTON BEACH Requested CRA Dale FinalJ\1aterials Must be Meelin~ Dates Turned into CRA Office 0 January 11.2005 December 28, 2004 (Noon) 0 February 8. 2005 January 25, 2005 (Noon) 0 March 8, 2005 February 22. 2005 (Noon) 0 April 12,2005 March 29, 2005 (Noon) 0 May 10.2005 April 26, 2005 (Noon) 0 June 9, 2005 May 26, 2005 (Noon) NATURE OF AGENDA ITEM . Consent Agenda o Director's Report DATE: August 25.2005 Requested CRA l\Ieetin~ Dates 0 July 12,2005 . August 9. 2005 0 Septel11ber 15,2005 0 October II, 2005 0 November 8. 2005 0 December 13,2005 0 Old Business . New Business Date Final Materials :\lust be Turned into eRA Office June 28, 2005 (~oon) July 26, 2005 (Noon) September I. 2005 (Noon) Scplember 27. 2005(Noon) October 25, 2005 (Noon) November 29,2005 (Noon) o o o Legal Future Agenda Items Other Item SUBJECT SUMMARY PARAGRAPH: Promotions, Festivals and Events are integral to the redevelopment of the CRA District The CRA elects to showcase redevelopment areas slated for economic restructuring. build an image of clean and safe and reintroduce previously blighted areas to both the community and viSitors RECOMMENDATION: Staff recommends partnering With the City of Boynton Beach on the Pirates of the Intracoastal Event scheduled for October 22nd & 23rd at Intracoastal Park. The event is scheduled to operate from 1000 am - 800 pm on Saturday and 10:00 am - 5:00 pm on Sunday. EXPLANATION: The CRA recognizes promotional events as a catalyzer to encouraging economic development The Board has supported this commitment by providing both staff and dollars to create and Implement events. Staff believes partnering with the City of Boynton Beach leverages these dollars for the community. CRA staff is providing support to this event by lending our police and trolley to cover both days. FISCAL IMPACT: Estimated event costs are none. The CRA will provide Trolley Transportation and Police at no cost since these items are budgeted ALTERNATIVES: Deny support of the "Pirates of the I ntracoastal" event \~ f) /-.,*, i. J ,/12) r: \ JI ' , V /-"\ r~ i) (/~ ' 0,)' r{ Lf.-- CRA Staff [\ , ,~. . -- Douglas Hutchinson, CRA Director 8826 C\Documents and Settmgs\brlghtl\Desktop\2005 Agenda Summarles\Plrates of the Intracoastal.8 30 05 doc The City of Boynton Beach anci the Boynton Beach CR.A Present ~oYN'fON B!t4.cJ:r \/ 1'\ PIRATES .llVl'RACOAS't }\.~ Explore our historic'll vill'lge on the Intr'lco'lst'll, filled with fun 'lnd sW'lshbuckling pir'lte 'ldventure I nttClcoCl5tCl I PCl tk 2240 N. Fecieral Hwy. ~ Boynton Beach S~tu rd~y & Su nd~y, October 22 &23, 2005 10 A.M.-8 P.M., S~turd~y; 10 A.M.-5 P.M., Sund~y Adults $6, Seniors $5, Children (2-10) $2, Children under 2 Free Wq/k the p/qnk at stqrt yout qc/ventute qhoqtc/ the eRA tto//ey... fot FREE .. f' "' ''''''....../~ ,~/i '\ i '~/ -. D\W\a -_~~ - ~r nrewor~~11 ~FOr more Jnformqtlon, cql1 (561) 742-6246 ~s?ec-tacu 1a'l (veil \ '3 or log on to www.boynton-beClch.org .. sa-turL\ () w~e ' .-- ~ ne "",I<lcl<. \,0 . .~ Don't ~\SS ~Lln Snow It ~;. ~:~~ · BCyr,;ofl U,-,o", HeUC(ltll,;~ (j'Hj Pn! b', D€r,wt;IIC'!ll · ft((' " o~)u ON 8827 v. Public Audience Any person who decides to appeal any decision of the Community Redevelopment Board \\ith respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensul'e that a verbatim record of the proceedings is made, \\hich record includes the testimony and evidence upon which the appeal is to be based dle CRA shall furnish appropriate auxiliary aids and services \\here necessary to afford an individual with a disability an equal o[lponullIty to participate in and enjoy the benefits ofa service, pmgram, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-73 7.3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accomlTlodate your request. VI. Public Hearing Any person \\ho 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 ensul'e that a \erbatim record of the proceedings is made. which record includes the testimony and evidence upon which the appeal is to be based rhe CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal oppor1unity to par1icipate in <lnd enJoy the benefits ofa senice, 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 reason<lbly accommodate your req uest TO: FROM: THROUGH: DATE: PROJECT NAME/NUMBER: REQUEST: DEVELOPMENT DEPARTMENT PLANNING &; ZONING DIVISION MEMORANDUM NO. PZ 05-166 Chair and Members Community Redevelopment Agency Board and Mayor and City Commission Dick Hudson, AICP ~ Senior Planner Michael W. Rumpf Director of Planning and Zoning August 22, 2005 Arches Addition/LUAR 05-008 Amend the future land use designation from Mixed Use (MX) to Mixed Use-Core (MX-C) and rezone from CBD Central Business District to MU-H Mixed Use-High Intensity Property Owner: Applicant/Agent: Location: Parcel Size: Existing Land Use: Existing Zoning: Proposed Land Use: Proposed Zoning: Proposed Use: PROJECT DESCRIPTION Boynton Venture I, LLC Boynton Venture I, LLC/Bonnie Miskel & Kim Glas-Castro of Ruden McClosky Southeast corner of the intersection of Ocean Avenue and SE 4th Street (Exhibit "A") 0.58 acre Mixed Use (MX) - 40 units per acre maximum CBD Central Business District Mixed Use Core (MX-C) - 80 units per acre maximum MU-H Mixed Use-High Intensity Addition to approved mixed use development to include a total of 378 residential units and 38,599 sq. ft. of commercial space on a property totaling :1::5.05 acres 8831 Page 2 File Number: LUAR 05-008 Arches Addition Adjacent Uses: North: Right-of-way of Ocean Avenue then property owned by the City of Boynton Beach (Veterans Park) designated Mixed Use (MX) and zoned CBD Central Business District South: Property owned by the applicant designated Mixed Use Core (MX- C) and zoned MU-H Mixed Use-High Intensity and approved for redevelopment East: Property owned by the applicant designated Mixed Use Core (MX- C) and zoned MU-H Mixed Use-High Intensity and approved for redevelopment West: Right-of-way of SE 4th Street then property owned by the City of Boynton Beach (parking lot) designated Mixed Use (MX) and zoned CBD Central Business District EXECUTIVE SUMMARY Staff recommends approval of the requested land use amendment and rezoning for the following reasons: 1. The addition of this property will provide the applicant with a redevelopment project encompassing two entire city blocks, serving to make a more complete project; 2. The requested land use amendment and rezoning are consistent with applicable Comprehensive Plan policies and the Federal Highwav Corridor Community Redevelooment Plan. PROJECT ANALYSIS The parcels, which are the subject of this land use amendment, total 0.58 acre. Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a "small scale" amendment. A "small-scale" amendment is adopted prior to forwarding to the Florida Department of Community Affairs and is not reviewed for compliance with the state; regional and local comprehensive plans prior to adoption. The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. a. Whether the proposed rezoning would be consistent with applicable comprehensive plan policies including but not limited to, a prohibition against any increase in dwelling unit density exceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning Division and the City's risk 8832 Page 3 File Number: LUAR 05-008 Arches Addition manager. The planning department shall also recommend limitations or requirements, which would have to be imposed on subsequent development of the propef"'tYt in order to comply with policies contained in the comprehensive plan. The property is not located in the hurricane evacuation zone; therefore the prohibition cited does not apply, Other relevant Comprehensive Plan policies as well as directions contained within the Federal HiQhwav COrridor Community Redevelooment Plan, which are adopted by reference in the Comprehensive Plan, are discussed below: Policy 1.16.1 of the Land Use Element contains the definition of the Mixed Use Core designation and reads: "This land use category shall consist of all Mixed Use High Intensity zoning districts and/or any zoning district(s) which may be established subsequent to the adoption of the Plan provided that all of the above-mentioned zoning districts are shown on the Future Land Use Map within the Mixed Use-Core land use category. The uses allowed in this land use category shall be limited to, but shall not necessarily include the following: Business, professiona~ and administrative offices/ retail uses, personal services, day-care services, business services which are compatIble with retail uses/ entertainment; recreation faCIlities, amusements, attractions, and exposition halls/ hotels and residential uses with a gross density up to 80 dwelling units per acre/ places of worship/ governmental uses/ home occupations. . . A Floor Area Ratio (FAR) up to 4.0 may be conSIdered for all uses, exclusive of parking structures, throughout the Mixed Use Core land use category. . . All land development located in the Mixed Use-Core category shall be required to submit a plan that includes a single unified design for the project; and shall conform to any adopted design plan(s) for the area covered by the category. II The Mixed Use-Core land use designation and the Mixed Use-High Intensity zoning district were adopted in response to directions in the "Federal Highwav Corridor Community Redevelooment Planlland are consistent with the recommendations of that study. While the land area currently designated for this use is relatively small, it has been the City's intent to expand the area on a project-by-project basis in order to review land use compatibilities and control the potential impacts to the City's service delivery systems until adequate capacity exists concurrent with demand. The original Arches plan, approved on June 17, 2003, was the second redevelopment project approved following the addition of this language to the Comprehensive Plan. The addition of these small parcels to the original project provides a much more cohesive area for planning, and at the same time gives development potential that neither of the additional properties, because of their small size, would have separately. 8833 Page 4 File Number: LUAR 05-008 Arches Addition b. Whether the proposed rezoning would be contrary to the established land use pattern or would create an isolated district unrelated to adjacent and nearby districts/ or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. The proposed rezoning would not create an isolated district but would relate to other properties in the downtown area that are currently or will be a part of the revitalization of the area and particularly to the other properties, under the same ownership, that make up the two blocks lying between Ocean Avenue and SE 2nd Avenue that will be part of the same development. c. Whether changed or changing conditions make the proposed rezoning desirable; The addition of the two mixed use land use designations, Mixed Use and Mixed Use-Core, and the accompanying Mixed Use/Low-Intensity and Mixed Use/High-Intensity zoning districts have provided greater options for development and redevelopment in the downtown area than was possible with the CBD Central Business District zoning. The flexibility includes additional density, building height, and setback requirements. Furthermore, this rezoning and the resulting development would move the city a step closer to realization of its expressed vision of an urban downtown environment. d. Whether the proposed use would be compatible with utility systems/ roadways/ and other public faCIlities. Since approval of the original site plan for the Arches, the City adopted, concurrently with Palm Beach County, a Transportation Concurrency Exception Area (TCEA) for a portion of the CRA area that includes this property. This adoption basically allows collective projects below a certain level of maximum density and intensity to be approved without being subjected to the Palm Beach County Traffic Performance Standards Ordinance. The City's Utilities Department estimates water and sewer demands will be 125,000 gallons per day for the entire project. Capacity is available; however, no capacity reservations have been made for any part of the project. With respect to solid waste, the Palm Beach County Solid Waste Authority has stated that adequate capacity exists to accommodate the county's municipalities throughout the 10-year planning period. The School District of Palm Beach County has reviewed the application and has determined that adequate capacity exists to accommodate the resident population. Review comments by the Police and Fire Departments are pending and will be presented by staff if available at the time of the City Commission hearing. Lastly, drainage will also be reviewed in detail as part of the review of the application for site plan approval, and must satisfy all requirements of the city and local drainage permitting authorities. 8834 Page 5 File Number: LUAR 05-008 Arches Addition e. Whether the proposed rezoning would be compatible wIth the current and future use of adjacent and nearby properties/ or would affect the property values of adjacent or nearby properties. The requested actions will give the subject property the same land use designation and zoning as the other properties within the Arches project. It is the City's intention that other adjacent and nearby properties will request similar actions over time as future redevelopment projects are contemplated. f Whether the property is physically and economically developable under the existing zoning. The properties could redevelop under the existing zoning; however, because of the small size of each, it will be difficult for them to meet development requirements and provide adequate space for economically viable projects. g. Whether the proposed rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. Criteria for evaluating the benefits of the proposed development to the needs of the neighborhood and the City include service demands, density, use, value and consistency with Comprehensive Plan policies. As indicated above the project is consistent with the Comprehensive Plan and the Federal Highway Corridor Community Redevelopment Plan, capacity exists to meet the service needs generated by the proposed project, and it will serve to provide an economic contribution to both the neighborhood and the City. h. Whether there are adequate sites elsewhere in the city for the proposed use/ in districts where such use is already allowed. As stated above, while the land area currently designated for this use is relatively small, it is the City's intent to expand the area on a project-by-project basis; therefore no sites exist with the MX-C land use and MU-H Mixed Use High zoning, except in approved redevelopment projects. CONCLUSIONSI RECOMMENDATIONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan and the Federal Hi9hwav Corridor Community Redevelooment Plan; will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staff recommends that the subject request be approved. If the Community Redevelopment Agency Soard or the City Commission recommends conditions, they will be included as Exhibit "S". ATTACHMENTS S:\Planning\SHARED\WP\PROJEcrS\ARCHES @ BB\LUAR AddltlonlARCHES ADD STAFF REPORT.doc 8835 I I i ! I I I ! I I I I i i I n I I ~ en I :r: .,. 'lit W ~ I i I I , ! i ..----.--.-.--...-.---.t- ill I ! ! I i I I ~.,\~() \. ~, ~ )~ I /" c, --, o f-~ \) LOCATION MAP Arches Addition LUAR 05-008 Exhibit A , I ~ :c 1I ~ w Q ~ Z I I I E-OGEAH-AVe---------+--.-.-. I 1 I I I i i I I I .,. Cf> :r: .,. ~ U) ! ! I I I SE 2ND AVE 150 75 o 8836 I t L__ :c rE-1ST-AV w Q I.U L+- cr I i I I i rSE-2ND-AVE I I ! N 150 Feel A DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 05.163 10: Chair and Members Community Redevelopment Agency Board THRU: Michael W. Rumpf Planning and Zoning Director FROM: Ed Breese ~ Principal Planner DATE: August 19, 2005 SUBJECT: Abandonment of a portion of the 40-foot wide right-of-way (SE 1st Avenue) located between South Federal Highway and SE 4th Street (ABAN 05-004) NATURE OF REQUEST The agent for Boynton Ventures 1 LLC, Bonnie Miskel, Esq., is requesting to abandon a portion of the 40-foot wide right-of-way located between South Federal Highway and S.E. 4th Street. This request to abandon a public alley was submitted on June 22, 2005. This abandonment is for the following platted street segment: That certain 40.00 foot wide right-of-way bounded on the north by the south line of Block 7, on the south by the north line of Block 12, on the east by the west right-of-way line of Federal Highway (U.S. Highway No.1) and on the west by the east right-of-way line of SE 4th Street, all in the ORIGINAL TOWN OF BOYNTON, according to the plat thereof as recorded in Plat Book 1, Page 23 of the Public Records of Palm Beach County, Florida. The location map attached as Exhibit "A" shows the general vicinity of the 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 and its legal description. The following is a description of the zoning districts and land uses of the properties that surround the subject request. North - Property assembled as part of the Arches development, and farther north is right-of-way for Ocean Avenue and farther north are developed properties zoned Central Business District (CBD); South - Property assembled as part of the Arches development, and farther south is right-of-way for SE 2nd Avenue; East Right-of-way for Federal Highway and father east is developed commercial properties zoned CBD; and West Right-of-way for Southeast 4th Street and the FEC Railroad and still farther west are developed commercial properties zoned CBD. 8837 Page 2 Memorandum No. PZ 05.163 ABAN 05-004 BACKGROUND In July of 1898, the Plat of Original Town of Boynton subdivision was approved, depicting streets and alleys to be dedicated for the perpetual use by the public. Southeast 151 Avenue is an easUwest-oriented street that bisects the Arches at Boynton Beach mixed-use development. In June of 2003, Boynton Ventures 1 LLC received site plan approval for the Arches project. The original plans proposed to leave SE 1st Avenue intact. Since that time, the applicant has placed under contract to purchase, those properties that remained unassembled and apart from the original project, the remaining portion of an alley (ABAN 05-005, which is under consideration along with this proposed street abandonment), and the subject of this request, SE 151 Avenue and has modified the development plan to include these parcels. The applicant has the intention of vacating the 40-foot wide street to consolidate the property and facilitate the development of a mixed-use project (see Exhibit "0"- ARCHES Site Plan). As indicated on the survey, the segment of the street to be vacated measures approximately 335 linear feet, running east from SE 4th Street to South Federal Highway. All existing infrastructure within the street will be relocated or encased at the applicant's expense, within existing easements or easements to be provided. ANAL YSIS Pursuant to Chapter 22, Article III, Section 4, public notice was given to the property owners within 400 feet of the right-of-way to be abandoned and the requisite signs posted on the property. The applicant's agent has submitted an affidavit acknowledging compliance with the aforementioned regulations. 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: I-Y DEPARTMENTS/OIVISIONS Engineering/ Public Worksl Utilities - Planning and Zoning No objection wi conditions (see Exhibit "E") No objection PUBLIC UTILITY COMPANIES Florida Power and Light Bell South Florida Public Utilities Company Cable Company (Adelphia) Cable Company (Comcast) No objection w/ conditions (see Exhibit "E") No objection wi conditions (see Exhibit "E") No objection wi conditions (see Exhibit "E") No objection wi conditions (see Exhibit "E") NIA RECOMMENDATION Staff has determined that the subject right-of-way would no longer serve and public purpose under the proposed Arches development plan, and therefore is recommending approval of the request to abandon the portion of the 40- foot wide street as described above, subject to the comments included in Exhibit "E" - Conditions of Approval. This recommendation is based upon the determination that the right-of-way is surrounded by the proposed development and would serve only the applicant. Any conditions required by the Community Redevelopment Agency Board and the Commission will be placed in Exhibit "E" - Conditions of Approval. '::entral File s.,. .dnn,ngISHAREDIWPIPROJECTSlArcheSIASAN 05-004\slaff report doc 8838 Exhibit 'A' - Location Map . 8839 0 100 200 I 400 600 800 I Feet ..' < t:ANI til' I:J i~ ! I I. " ". .1"/ .1" f I~ ~ n I,!' ~ 3 .! "0" J , - f 1 I 1 ! 17 oul ! .! It ~ JJ 'J I 1 " BJ I~ 1 ,J j i I rr--- o,~ i I ~ ~ "' ~ ! ' ~ Ii ~:: ~ ~ ~~ 120 ~ "r.~ . ::l e :'i '5 - 'i e~ r~ ~ h ~~ ~~ ~ d 1171 ~1100 ' , f ~ j ~ ~ ~ I ~I~ 85' 5' <r 8 " f. 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J i i; ;,J hlJ ;;; iT H 1T); ~r t ...;. :~ 1'\ l~~ J ~:; ;j<-1 ;;i..;r :'-: ~ ~ : ,.1 ~ : : t_; : ~ i;~ i ~ 1 J ; t :~ ~ ~ r: "'.U ,,}. :l .J ~ 1, ;J j ! r I, ~J" I ~ ! - Jill ~ t ....... ~ -r; ~!, {, a"": ~ i~ Il ': hj ~ l \ I \I : ~, ~"!l.~ . . < . ~ ~ ; ~ :~J ~I ;..; . ;~ ~ I (~ ~~~ ~~i ]rE 'OJ) s '" ; I j l~ ;, 3' " ~!}q 'I! 0 d j jo. }th ~ ~ 8 .. , ~, \' Innl;~~/1 ; \ ' : f ~ j\:1 ~ ~ ~ j: t,. (W (' \ L ,.,In jd " 1" \ ' . ~ ~),~t~t~ II~" 1 ~,\\ I ~ "''>1 1 !/ I '! '. ~ l '11 0 ~ I'" ~[ , l~' "i < , 1 I ,1'It t I ;j~' t ~ t ~: ~; ; i i { @<i " ~J 8841 _J t:XHltlr I U SKETCH OF DESCRIPTION A PORTION OF SE 1ST AVENUE TO BE V ACA TED s.c. 4Ih STku:.t ORIGINAL TOWN Of BO~t:fJPN- b ~ (PB 1, PG 23, PBCR) :o'I[5T UNc~ q . p - E RIGHr=o~~~LK ~ ; ~ NcxrOP 'o~ "E ~LJ-IE:::::,..."" I 5' AUDITIONi,l RIGf-fT -0; -WA'i (ORS 43S!:., ~G 89,:) P8':P ~ ---- I CENTrRUNE ORIG'Nt-L E RIGHr-or-=- - WEST L',NE WA.Y u. NE\ L0T e, Bu" '-, , t8~/fJE~tEMENT ~ sw CORNER-LOT 8. 8U< 7 SU'~Q'27"E ~.OO' f6mNfffG CG SCALE: 1"=50' ---~- U' Jo SURVEY NOTES: 1. THIS IS NOT A BOUNDARY SURVEY. 2. BEARINGS SHOWN HEREON ARE ASSUMED AND ARE RELATIVE TO THE WEST RIGHT OF WAY LINE OF FEDE HIGHWAY. SAID LINE BEARS SOUTH - 00'02'09" WEST. 3. LANDS SHOWN HEREON WERE NOT ABSTRACTED BY SHAH, DROTOS & ASSOCIATES FOR RIGHTS-OF -WAY, EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD. ---- ~, ~~~ /. C 'cA G \~,,~, - <9 6: <J ( OC;L. f.J./:/ 0--- . '-r;- C' / V".("- -s &~ 'c,:J ,.;:, (' '/;., ~ /~ ~'--~ v1, .L- "'1" -.J;:; C'J t-") ~ u o ..J I w z ::J C'J ~ C:: o z c, BY: R=12.00L D-89"01 '36" L=18.65' D. ROSE tW... SURVEYOR IWD MAPPER flORIDA REGISTRATION NO. 3998 - --- '7 EST RIGHT-OF-\ WAY LINE SOC . 1&~9'1fk 51.8rt ,---- -, ----LLO~ --scxr02.09"W ~ - - --l:INlESS IT BEARS THE SIGNATURE I 'c ADDmONAl "iGH'-OF-o'IA' AND THE ORIGINAL RAISED SEAL OF -(OPB 5~e. PC 1<c DB~P', , A FLORIDA LICENSED SURVEYOR AND FEDDIAL HlGHWLus.. HIGHWAY NO. MAPPER THIS MAP IS FOR AND STATE , NO. 6 INFORMATIONAL PURPOSES ONLY PROJECT NO: 02-0598A.OO ".,. ....,.~-+lMr.) AND IS NOT VALID FILE NAME: X:\CAD\SURVEY\0598AOO\SKETCHES\O~aw..CA--" I SHEET 2 OF 2 SHEETS ~\. A SHAH I ENGINEERING ~";;,~L...('''::l. DROTOS SUIMYING & Ass 0 C I ATE S PLANNING CERTIFICATE O. AUTHORIZATION NO. L8 64.56 MDR 3410 N. Andrews Avenue Exl. Pompano Beach, FL 33064 CHKD 8842 PH: 954-943-9433 . FAX: 954-783-47.4 i 1 . SKETCH OF DESCRIPTION REVISIONS MDR OWN 06/01/05 DATE FB/PG l::XHltsll U LAND DESCRIPTION PORTION OF S.E. 1ST AVENUE TO BE V ACA TED That certain 40.00 foot wide right-of-way bounded on the north by the south line of Block 7, on the south by the north line of Block 12, on the east by the west right-of-way line of Federal Highway (U.S. Highway No.1) and on the west by the east right-of-way line of S.E. 4th Street, all in the ORIGINAL TOWN OF BOYNTON, according to the plat thereof as recorded in Plat Book 1, Page 23 of the Public Records of Palm Beach County, Florida, being more particularly described as follows: COMMENCING at the southwest comer of Lot 8 in said Block 7; THENCE South 88"59'27" East along the south line of said Block 7, a distance of 5.00 feet to the POINT OF BEGINNING; THENCE continuing along said south line, South 88"59'27" East, 335.01 feet; THENCE South 00.02'09" West, 51.80 feet to a point of cusp on the west right-of-way line of Federal Highway (U.S. Highway No.1, State Road No.5); THENCE northwesterly along the arc of a curve concave to the southwest, having a radius ot 12.00 feet, a central angle of 89"01'36", an arc distance of 18.65 teet to the point ot tangency; THENCE North 88.59'27" West, along the north line of said Block 12, a distance of 323.21 feet to the east right-ot-way line of S. E. 4th Street; THENCE North 00.02'09" East, along said east right-of-way line, 40.01 feet to the POINT OF BEGINNING; Said lands lying in the City of Boynton Beach, Palm Beach County, Florida, containing 13,430 square teet (0.308 acre), more or less. LAND DESCRIPTION PREPARED BY: SHAH, OROTOS & ASSOCIATES 3410 N Andrews A venue Extension Pompano Beach, Florida 33064 Prepared by: MOR Checked by: MOR Project No.: 02-0598A File Name: X:\cad\survey\0598AOO\Sketches\0598V ACA. SE 1A VE June 1, 2005 SHEET 1 OF 2 SHEETS 8843 EXHIBIT "E" Conditions of Approval Project name: The Arches File number: ABAN 05-004 Reference: Street Abandonment I DEP ARTMENTS I INCLUDE I REJECT I PUBLIC WORKS- General Comments: None PUBLIC WORKS- Traffic Comments: None UTILITIES Comments: I. All existing City utilities (water, wastewater and stonnwater conduits) must be relocated or encased to continue their functional purpose in the area. 2. All other utility services within this conidor shall be relocated at the applicant's expense. FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: 3. The abandonment of this 40-foot street right-of-way shall be so designated on a new boundary record plat to ref1ect the same. BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENT ALIST Comments: None 8844 Conditions of Approval 2 DEPARTMENTS PLANNING AND ZONING Comments: None PRIVATE UTILITIES ! Comments I 4. Adelphia has no objection to the abandonment as long as Adelphia facIiitles are granted the proper easements and any relocation of facilities are at the expense of the applicant. 5. Florida Power & Light has no objection to the abandonment contingent upon the following conditions: a) FPL acquiring all additional easements for any and all existing or proposed FPL facilities necessary to service any and all existing and proposed future construction requiring electrical servIce at the abandoned site. This includes but is not limIted to ten (10) foot easements adjacent to both sides of all major thoroughfares. b) Written approval of the CIty of BOynton Beach and FDOT is required for the removal of any of the streetlights. c) Any and all cost resulting with the relocation or removal of FPL facilities, due to said abandonment. are to be paid by the applicant. 6. Florida Public Utilities Company has no objection to the abandonment contmgent upon the following conditions: a) All related relocation expenses will be paid by the party requestmg the abandonment by the date specified by Florida PublIc Utilities Company. b) A separate easement must be granted to Florida Public UtilitIes Company within the referenced area. All related easement expenses wIiI be paid by the party requesting the abandonment by the date specified by Florida Public Utilities Company. 7. Bellsouth has no objection to the abandonment as long as Bellsouth facilities are granted the proper easements and any relocation of facilities are at the expense of the applicant ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: RR4~ INCLUDE REJECT ! DEPARTMENTS I INCLUDE I REJECT I 1. To be determined. ADDITIONAL CITY COMMISSION CONDITIONS Comments: I I I 1. To be determined. I S\PIJnnlllg\SHARED\WP\PROJECTS\ARCHES~BAN 05.004 (Street)'COA doc 8846 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Arches APPLICANT'S AGENT: Kim Glas-Castro I Bonnie Miskel of Ruden McClosky APPLICANT'S ADDRESS: 222 Lakeview Drive Suite 800 West Palm Beach, FL 33401 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 6,2005 TYPE OF RELIEF SOUGHT: Request to abandon that portion of Southeast 1 sl Avenue located between Federal Highway and Southeast 4th Street. LOCATION OF PROPERTY: SW corner of Ocean Avenue and 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 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 DA TED: 8847 City Clerk S:IPlannlng\SHAREDIWPIPROJECTS\ARCHES @ BB\ABAN 05.004\DO.doc DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 05-162 'J: Chair and Members Community Redevelopment Agency Board THRU: Michael W. Rumpf Planning and Zoning Director FROM: Ed Breese ~ Principal Planner DATE: August 18,2005 SUBJECT: Abandonment of a portion of the 20-foot alley (also known as SE 1st Place) lying adjacent to Lots 6 - 9, together with the south half of said alley lying north of Lot 10, all in Block 7, ORIGINAL TOWN OF BOYNTON Plat. (ABAN 05-005) NATURE OF REQUEST The agent for Boynton Ventures 1 LLC, Bonnie Miskel, Esq., is requesting to abandon a portion of the 20-foot wide alley located between S. Federal Highway and S.E. 4th Street. This request to abandon a public alley was submitted on June 22, 2005. This abandonment is for the following platted alley segment: A portion of that certain 20.00 foot wide alley lying adjacent to Lots 6 - 9, together with the south half of said alley lying north of Lot 10, all in Block 7, ORIGINAL TOWN OF BOYNTON, according to the plat thereof as recorded in Plat Book 1, Page 23 of the Public Records of Palm Beach County, Florida. The location map attached as Exhibit "A" shows the general vicinity of the 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 alley to be abandoned and its legal description. The following is a description of the zoning districts and land uses of the properties that surround the subject request. North - Property assembled as part of the Arches development, farther north is right-of-way for Ocean Avenue and farther north are developed properties zoned Central Business District (CBD); South - Property assembled as part of the Arches development, farther south is right-of-way for Southeast 151 Avenue and farther south is additional property assembled as part of the Arches development; East Right-of-way for Federal Highway and father east is developed commercial properties zoned CBD; and West Right-of-way for Southeast 41h Street and the FEC Railroad and still farther west are developed commercial properties zoned CBD. 8848 Page 2 Memorandum No. PZ 05.162 ABAN 05-005 BACKGROUND In July of 1898, the Plat of Original Town of Boynton subdivision was approved. It included several 20-foot wide alleys dedicated to the perpetual use by the public. The historical configuration of Block 7 of the Original Town of Boynton subdivision provided the lots with frontage on E. Ocean Avenue and SE 1st Avenue. A twenty (20) foot wide alley dissects Block 7, extending east to west, as depicted in Exhibit "C". In June of 2003, Boynton Ventures 1 LLC received abandonment approval for those portions of the 20-foot wide alley directly abutting the properties under their ownership. Since that time, the applicant has placed under contract to purchase, the remaining parcels abutting the alley, and has modified the development plan to include these parcels and the remaining portion of the alley. The applicant has the intention of vacating the 20-foot alley to consolidate the property and facilitate the development of a mixed-use project (see Exhibit "0"- ARCHES Site Plan). As indicated on the survey, the segment of the alley to be vacated measures approximately 100 linear feet, running east from SE 4th Street (for the full 20 foot in width) and then the south half (10 feet) continues for an additional 50 feet to the east. All existing infrastructure within the alley will be relocated at the applicant's expense, within existing easements or easements to be provided. A twelve (12) foot wide utility easement will be dedicated to BellSouth fortheir underground conduit, which is slated to remain in place. ANAL YSIS Pursuant to Chapter 22, Article III, Section 4, public notice was given to the property owners within 400 feet of the right-of-way to be abandoned and the requisite signs posted on the property. The applicant's agent has submitted an affidavit acknowledging compliance with the aforementioned regulations. 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 Worksl Utilities - Planning and Zoning No objection wi conditions (see Exhibit "E") No objection PUBLIC UTILITY COMPANIES Florida Power and Light Bell South Florida Public Utilities Company Cable Company (Adelphia) Cable Company (Comcast) No objection wi conditions (see Exhibit "E") No objection w/ conditions (see Exhibit "E") No objection wi conditions (see Exhibit "E") No objection wi conditions (see Exhibit "E") N/A RECOMMENDATION Staff has determined that the subject right-of-way would no longer serve a public purpose under the proposed Arches development plan for which it was intended, and therefore is recommending approval of the request to abandon the remaining portion of the 20-foot wide alley as described above, subject to the comments included in Exhibit "E" - Conditions of Approval. Any conditions required by the Community Redevelopment Agency Board and the Commission will be placed in Exhibit "E" - Conditions of Approval. Central File S\Plann,ng\SHAREDIWPIPROJECTSlArCheS\ABAN 05.005151811 report.doc 8849 Exhibit 'A' - Location Map . 8850 o 100 200 I 400 600 800 I Feet '.' < EXHIBIT B f{ - I o ,,., ~,., x t' ~ ~ E;" ~ 8 ~ ~ ~ 1"1 z 3 h: ~ g ~3 ,3'< '< '< 8 '3 I. :"i og. ~ C:: ",S S S t:j ~ ~ I "- E~!'; t1" ~ ~ e: g I:; I:; I:; ; II rl ~ nd~ ~~ ~ sJ g~~~~~OSh I ilf I ,., ~ ra 1 11'j1 @ ~ @ ~H !~!~! I J K1 . . ~J ___~.I'B ~' '~~ I~ /-AL - - - - - - - - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ J .___J " - - - f~/ . (j .. -_..~ '-'+'h ,.}!:H:~ ~ i~ I~ ~~. an~::1 uoaJO ISO) .<>jr~' n<' ~ L. ~, .. \.i-J II! '. ill I j! . ~~ ..... ~ ro~ ::;J I -::k! ; :a ",/;; II! I > ~ I (~: -..~.~ml~.~. G1i II --IV ~ ~ 1 -. I~" t 1-' ,J /)/ ~ I .-f :!': : II ? n:ii llf :; ~ i d I: 1 LL E ~~U;~~~ . > :i.: f~" T~ I 1 . . f------ ~ ~ 1!f------.. :. : ~ . 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'l 0 n j ,,\'Ii.. ;-r;:' 8852 ~ ;1 I, 'I I::XHII:SII U SKETCH OF DESCRIPTION PORTION OF 20' ALLEY IN BLOCK 7 TO BE VACATED ORIGINAL TOWN OF BOYNTON (PB 1, PG 23, PBCR) f CEHTERUNE S.E. 4th STREET \A'EST Llt"E ~8 E RIGHT-OF- I YV " . WAY UNE I LOT 8\\ ~ I ---- - --- ///i /)' .~ NOO'02'09"E c:J I ----i i SCALE: '-=4 MIC L D. ROSE I PROFESSIONAL SURVEYOR, AND MAPPEl - --.FLORIDA .REGJSlRAIJOt-L.J.lO. 3998 UNLESS IT BEARs THE SIGNATURE ~D ITHE ORIGI RAISED SEAL OF A FLORIDA UCENSEO SURVEYOR AND MAfjPER THIS t.4AP IS FOR INFORMATIONAL PURPOl>ES ONLY AND I'S NOT VAUD I SHEET 2 OF1 2 SHEETS Ct i .. A SHAH I ENGINEERING O.LA:1. DR 0 T 0 S SURVEYING & Ass 0 C I ATE S PLANNING CERTIFICATE OF AUTHORIZATION NO. LB 6456 .3410 N. Andrews Avenue Exl. Pompano Beach, fL 33064 PH: 954-943-9433 . tAX: 954-783-4704 WEST L1NE~ -=-OT-=- \_ POINT OF BEGINNING SW CORNER LOT 7, BLK 7 I I'-- '" _____ "sit 5 ~ .... -.J . ~ ~J'j /. 5 ki V ~ ~~ z~ ~ ~ c::i It), !<J..,! ~5' ~a:! !))~I ~lji P LP.T tI) i-- I .i I ' 5oo'02'og' I cr! 10.00 I ~ 0 I~ 1= ffl n L 0 C K :j:nlf'l ts I 1< 0 l"- i lL. ffi I<) i o lr 01 ]18 ~ ~I~ <::i 1= I :ril<:::i ~Ia:::ffi"lt~ .~ 0 f'- It') c-.., ~ 0. <: _I . o.~ t..../ ""~ ~ t.... !'l U o.c-.., ~I~!I l~ - - - - - ~1i r--~- I-a PROJECT NO: 02-0598A.OO"') I bf. I 8853 FlLE NAME: X:\CAD\SURVEY\b598AOO\SKETCHES\0598VACA ------ -----i 1 OJ <.D Sf: CORNER LOT 6. BU< 7 ------ o S'LY EXTENSlON E UNE-LOT 6 5oo'02'og "w 10.00' L() ORIGli<,t.,L TOWN OF BOYNTON BOOf< ~, PAGE 23 ---- i , --.J j ---SU RVEY lroTES:- i 1. THIS IS NOT A BOUNDARY i SURVEY. 2. BEARINGS SHOWN HEREONi ARE ASSUMED AND ARE RELATIVE TO ,'THE WEST RIGHT OF WAY UNE OFi FEDERAL 7 HIGHWAY. SAID UNE BEARS SOUTH OQ"02'09" WEST. ' 3. LANDS SHOWN HEREON WERE. NOT ABSTRACTED BY SHAH, DROTOS k ASSOCIATES FOR RIGHTS-OF-'WA'f. ---rASEM~NERSHIP;-()R-JOTHER INSTRUMENTS OF RECORD. i , I I FO iTHE FIRM, BY: !: 'L)I 7 C'J "') SKETCH OF DESCRIPTION REVISIONS MDR 08/01/05 OWN DATE fBjPG MDR CHKD I I~ ~I i!L ~:r ~'i ~ ~~ ~ I" ! EXHIBIT 0 LAND DESCRIPTION PORTION OF 20 FOOT WIDE ALLEY (S. E. 1st PLACE) TO BE V ACA TED A portion of that certain 20.00 foot wide alley lying adjacent to Lots 6 through 9, together with the south half of said alley lying north of and adjacent to Lot 10, all in Block 7, ORIGINAL TOWN OF BOYNTON, according to the plat thereof as recorded in Plat Book 1, Page 23 of the Public Records of Palm Beach County, Florida, more particulany described as follows: BEGINNING at the southwest comer of said Lot 7; THENCE South 88"S9'27" East along the south line of Lots 7 and 6, a distance of 100.00 feet to the southeast comer of said Lot 6; THENCE South 00"02'09" West along the southerly extension of the east line of said Lot 6, a distance of 10.00 feet to the centerline of said 20.00 foot wide alley; THENCE South 88'S9'27" East, along said centerline, SO.OO feet to an intersection with the northerly extension of the east line of said Lot 10; THENCE South 00'02'09" West, along said northerly extension, 10.00 feet to the north line of said Lot 10; THENCE North 88"S9'27" West, along the north line of said Lots 10, 9 and 8, a distance of 1S0.00 feet to the east right-of-way line of Southeast 4th Street; THENCE North 00'02'09" West, along said east right-of-way line, 20.00 feet to the POINT OF BEGINNING. Said lands lying in the City of Boynton Beach, Palm Beach County, Florida, containing 2S00 square feet (0.OS7 acre), more or less. LAND DESCRIPTION PREPARED BY: SHAH, DROTOS & ASSOCIATES 3410 N Andrews Avenue Extension Pompano Beach, Florida 33064 Prepared by: MDR Checked by: MDR Project No.: 02-0S98A File Name: X:\cad\survey\OS98AOO\Sketches\OS98V ACA. WEST. WPD June 1, 200S SHEET 1 OF 2 SHEETS 8854 Project name: The Arches File number: ABAN 05-005 Reference' Allev Abandonment EXHIBIT "E" Conditions of Approval I DEPARTMENTS I INCLUDE I REJECT I PUBLIC WORKS- General Comments: None PUBLIC WORKS- Traffic Comments: None UTILITIES Comments: 1. All existing CIty utilities (water, wastewater and stormwater conduits) must be relocated to continue their functional purpose in the area. 2. All other utility services within this corridor shall be relocated at the applicant's expense. FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: 3. The abandonment of this 20-foot alley right-of-way shall be so designated on a new boundary record plat to reflect the same. BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST Comments: None 8855 ConditIOns of Approval 2 I DEPARTMENTS I INCLUDE I REJECT I PLANNING AND ZONING Comments: None PRIV A TE UTILITIES I I Comments: I I 4. Adelphia has no objection to the abandonment as long as Adelphia facilities are granted the proper easements and any relocation of facilities are at the expense of the applicant. 5. Florida Power & Light has no objection to the abandonment contmgent upon the following conditions: a) FPL acquiring all additional easements for any and all existing or proposed FPL facilities necessary to service any and all existmg and proposed future construction requIring electrical service at the abandoned site. This includes but IS not limited to ten (10) foot easements adjacent to both sides of all major thoroughfares. b) Written approval of the City of Boynton Beach and FDOT is reqUIred for the removal of any of the streetlights. c) Any and all cost resulting with the relocation or removal of FPL facilities, due to said abandonment, are to be paid by the applicant. 6. Florida Public Utilities Company has no objection to the abandonment contingent upon the following conditions: a) All related relocation expenses will be paId by the party requestmg the abandonment by the date specIfied by Florida Public Utilities Company. b) A separate easement must be granted to Florida Public Utilities Company within the referenced area. All related easement expenses w1l1 be paid by the party requesting the abandonment by the date specified by Flonda Public Utilities Company. 7. BeIlsouth provisionally agree to Statement of No Objection to the proposed abandonment subject but not limited to the following conditions: a) A utility easement will be provIded to support Bellsouth's main conduit system that IS underground through the existing alley. b) Relocation costs to rearrange eXIsting telecommunication lines in the vicinity of the project. c) Bellsouth will require conduit structure for future cable 8856 I DEPARTMENTS I INCLUDE I REJECT ] placements under an area of the proposed project where construction of conduit would not be practical after completion of the Arches project. d) Vehicular access to the area where the existmg Bellsouth I manhole is located twenty-four hours/seven days a week. This access must have a width of not less than fifteen (15) feet. ADDITIONAL COMMUNITY REDEVELOP~lENT AGENCY BOARD CO:\'DITIONS Comments: 1. To be determined. ADDITIONAL CITY COMMISSION CONDITIONS Comments: I I I 1. To be determined. I S,\Planning\SHARED\WP\PROJECTS\A.RCHESIABAN 05-005 (Alley)\COAdoc 8857 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Arches APPLICANT'S AGENT: Kim Glas-Castro / Bonnie Miskel of Ruden McClosky AGENT'S ADDRESS: 222 Lakeview Drive Suite 800 West Palm Beach, FL 33401 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 6,2005 TYPE OF RELIEF SOUGHT: Request to abandon that portion of an alley (Southeast 1 st Place), located immediately east of Southeast 4th Street. LOCATION OF PROPERTY: SW corner of Ocean Avenue and 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 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: 8858 City Clerk S:IPlanningISHAREDlWPIPROJECTSIARCHES @ BBIABAN 05-005 AlleylDO.doc DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 05-164 1'0: Chair and Members Community Redevelopment Agency Board THRU: Michael W. Rumpf Planning and Zoning Director FROM: Ed Breese t:/O) Principal Planner DATE: August 22,2005 SUBJECT: Abandonment of portions of the following rights-of-ways abutting the Arches of Boynton Beach development that are improved with sidewalks. SE 2nd Avenue, Ocean Avenue, South Federal Highway and SE 4th Street. (ABAN 05-006) NATURE OF REQUEST The agent for Boynton Ventures 1 LLC, Bonnie Miskel, Esq., is requesting to abandon the sidewalk portions of the following rights-of-ways abutting the Arches of Boynton Beach development: SE 2nd Avenue, Ocean Avenue, South Federal Highway and SE 4th Street. This request to abandon was submitted on June 22,2005. . . Ie location map attached as Exhibit "A" shows the general vicinity of the rights-of-way (sidewalks) to be abandoned. The attached Exhibit "B"- "Proposed Abandonment" shows the location of the subject property and includes a detailed location of the sidewalks to be abandoned and their legal description. The following is a description of the zoning districts and land uses of the properties that surround the subject request. North - Right-of-way for Ocean Avenue and farther north are developed properties zoned Central Business District (CBO); South - Right-of-way for Southeast 2nd Avenue and farther south are developed properties 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 the FEC Railroad and still farther west are developed commercial properties zoned CBO. BACKGROUND 8859 In Julyof 1898, the Plat of Original Town of Boynton subdivision was approved, depicting streets and alleys to be dedicated for the perpetual use by the public. Public sidewalks were designed into the right-of-way of these platted '3ts. In June of 2003, Boynton Ventures 1 LLC received site plan approval for Arches project. The original plans ,lot propose the abandonment of any sidewalks. Since that time, the applicant has gained control over all of the properties bounded by the four streets mentioned above, made application for abandonment of the remaining portion of an alley (ABAN 05-005, which is under consideration along with this request), made application for abandonment of SE 1 sl Avenue (ABAN 05-004, which is also under consideration along with this request) and Page 2 Memorandum No. PZ 05-164 ABAN 05-006 Jbmitted for a Major Site Plan Modification (MSPM 05-008) incorporating these and other changes to the approveL. site plan (see Exhibit "0"- ARCHES Site Plan). According to the applicant, "The requested vacation of the sidewalks will allow the redevelopment effort to include widening of the pedestrian amenities with plazas, covered arcades and expanded pedestrianways. These pedestrian-oriented facilities could not otherwise be improved within the public right-of-way". The applicant goes on to say, "The requested vacation will not prevent other property owners from access to and from their property, will not restrict pedestrian access along the subject roadways, and will not adversely impact other properties". ANAL YSIS Pursuant to Chapter 22, Article III, Section 4, public notice was given to the property owners within 400 feet of the right-of-way to be abandoned and the requisite signs posted on the property. The applicant's agent has submitted an affidavit acknowledging compliance with the aforementioned regulations. 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 DEPARTMENTSIDIVISIONS Engineering/ Public Works/ Utilities _ Planning and Zoning Recommendation to Denv Recommendation to Denv Engineering states that, "Attempting to create any partial roadway abandonment such as these would set ar tremely bad precedent for the City, and be difficult to justify." Planning and Zoning is additionally concerned over the requested abandonment setting precedent. One of the reasons for requesting the abandonment, as verbally communicated by the applicant's agent, is to increase the size of the parcel in order to accommodate additional dwelling units on the site. Staff believes as many as 20 additional dwelling units could be constructed as the result of these sidewalk abandonments. The applicant has submitted a site plan depicting 378 units, which would be reduced to approximately 358 dwelling units if the sidewalk abandonments are not approved. Planning and Zoning staff disagrees with the applicant's assertion that the abandonment of the sidewalks facilitate the "widening of the pedestrian amenities with plazas, covered arcades and expanded pedestrianways". Staff, as a condition of approval in the Major Site Plan Modification being processed with these abandonments, required that sidewalks, plazas and pavered spaces be Hollandstone pavers, of a red / charcoal color mix by Paver Systems Inc. or equal, laid in a 45 degree herringbone pattern to continue the design elements in place in the City streetscape. By utilizing these pavers, the public area flows into the private area seamlessly, providing the appearance of "wide pedestrian amenities", alleviating a need for the sidewalk abandonments. Additionally, staff has taken into consideration, in its review and recommendation of abandonment requests, whether the right-of-way (street, alley, sidewalk, etc.) continues to serve the public purpose for which it was originally intended. Staff finds that public sidewalks at the periphery of a project and along three (3) City streets does serve a public purpose. Staff has conveyed our viewpoint in this matter to the applicant's agent, who has indicated that they would be willing to grant the City an easement back for sidewalk purposes. The simple fact that the applicant would grant the City an easement for sidewalk purposes underscores staff's position that the right-of- way for the sidewalk is necessary and continues to serve a public purpose. 8860 ;e public rights-of-way can be improved by a developer through an agreement with the City in lieu of the abandonment process, it would appear as though the underlying purpose for the sidewalk abandonment requests is to increase the number of developable residential units on the property. Again, this could set a precedent for future projects to maximize the number of buildable units through the use of property dedicated for public purposes. Page 3 Memorandum No. PZ 05-164 ABAN 05-006 PUBLIC UTILITY COMPANIES Florida Power and Light BellSouth Florida Public Utilities Company Cable Company (Adelphia) Cable Company (Comcast) No objection wi conditions (see Exhibit "E") No objection wi conditions (see Exhibit "E") No objection wi conditions (see Exhibit "E") No objection wi conditions (see Exhibit "E") NIA RECOMMENDA liON Staff has determined that the subject rights-of-ways continue to serve the public purpose for which they were intended, and therefore is recommending denial of the request to abandon the sidewalk portion of the streets described above. Should the Community Redevelopment Agency Board support, and the Commission approve the request, any conditions associated therewith will be placed in Exhibit "E" - Conditions of Approval. xc: Central File S:\PlanmngISHAREDI W PIPROJ Eel SlArcheslABAN 05-0061staff report, doc 8861 Exhibit 'A' - Location Map . 8862 o 100 200 I 400 600 800 I Feet ..' < EXHIBIT B : "-"'~.- J3 i 5 ~~; ~ I ~ f l!I e '- i I " · l r i Hl I -I ~ III~ I~ I n hhh;~ I ' I. n., '" I,'h 71 ml)OO @ ~ @ @... I~ fit J I J I, II I , I --- - - -- - ----___ _ __ _ _ _ _ _ _ _ _J V - -, - J il or ~ I , I ---~----~---tJ!H:. - -l,!! -Jr. . _ 9nU_9AV _U09~O IS.o] ~- _ ____~- /' k: J I :~u . ~~ \ ~~ ,! . I ! : Y li :I/i,l ~ d.c Wi I I ~ t/: ~ ( .! _h '_mm ------lOOIIR iI ~ "' Il ! i )~/ ~ 1""'-" I ' , 1- I" , .... IJI y ~ I. j :t; [I ~!:II IIi !~! ~ I ~ i - C iP,r ~b Wb I b fit~ - '-h_I_:li!:_~. - - .--- h______ .' u i '1ir "=?"'"'~1ii I'i. ,Uj.WlfI!.]. ~! Ii I I'j == i f "- ,-:.rr mlJ- r. ::i I I , ::-.l ~ .......L ! I' r' , II - ~ui!~1- ~ II !'_ T~ I I I == "i I- x II' I ~ ~ ~j_ I' I'P t= -~ti;t= J:>-, Id~ ". ~I! ~i-' t= :!I~ l · ~c_ J ~ [\ lli ; ~..m :.+sM;c,... t~..".,.. I ~ - =;=---'- ~ ~ ----~-~ ~;Io--h~- ~li -. J!I v; ~:,~ rl~ _- '~ ' :;')< ~ ~ i~- ~.7i-'-'-'--- tLE , l f I ]j "IiI 1(--'. ~ -Ci j I E=~! " ~~I I ~ ~~"I I ~ ~ I -~~ S~I-~ hi I 'I~ ~ =='" - g'::== ~ -'IE J l4. j ~ -iJ=, i" J ~ mu ~ i-I:''' ~~ · ---.- h___ ~ I - I ~ ~ I ~;. ~3 !\ mh uh_ '---- 1 - i d :\ I 2 I ~ -:::= =:::: == j ==! · ~ ~ i . ~, Uil ~i ' F==T ! -i I"" r I ~ I i= .. i;;;J;" I , E '.) . _ j'i! ; r- ) j El II ,-..J Lh._ ~ ~~ ~) ~ I 1JiI"i"" A ijw- I ~~ I' ~ I I;r.;i III'. . i II Ii I r4..Ioo~ ~ I I R ~I I 2' ,_. .c,. .~, m:" ",. .." ._ ..~.. ...~~:.,.l:._..~ :~.. '~~~__, : ,.~~~~f..:'.l.~~ ~ ~ Iii:r - .. ~/ .... '''''H"Z "0'41""... .... ! !'\ i III mrn 3 IliJ lIT ~ N 8863 ~ I /. ,{I i j I i , ! , i i i ! I &I ! . ....J LL .. " .c o ro .<D :co c o -.. c ~ o co c ca - a.. L.. o o LL: "0: cl ::J: 0' L..I C)1 I Cl (v' -I 0..' <D ..- en (j) Q) ..c. o ....1 <(' Q) ..c. I- . H ~J ~ -.. :c.. . . ~ ~~ K e \~ >. ., '( <" :::: ()~1;': (J '! .' l{j '1 ~" ~ ~~3W7"""cr' -"'=.~~J EBB ~ , . '~S~'8ffi~ '.,,, . ~~t8 Bb=j~Dbj ,I: I ' .L 5' H7"-d ~ , I '( 0 <: <- I'm" '<~" ~' t ~' ~ ~~ II ... .. .. \j ~ l..J ~I Cl '> C) ~ ~ .. ., , I ~ ftJUTg;]Hj , I --1- L- - I ,Il In 1 ;:f ...; ?; ~ .; .; ~ :;" : ;:~1 iUj "::. 1.; r !;1~ < ~1. ;i:-: ~,~; : ~!; ;'f-:-': . .. -:,-. p~~ :i;~ ;"1":: EXHIBIT C ~ , .~ ,,~:- ~ ~ ~t~ ~ ~~Itt ~ '"b~'" fil.,.,j ~ t: t- ~~l'~~ ~ " . ~ .L" :;?Ntr7 - - I- I >- '" h. '" ~ ~ S , .LS . . I .L5' ~J_ JNld ;1 1 ~:~ :t'!"- ~~ .6, . ''''''-'' li1~ ;iJ~ :..." ~r ! ~~ . . . .n .; i; ! : ~ ".1, "i ~ F ~ !~JI ~ l "',. ' II 1 j 'I~' " Ill}' <:l ~ '\ .j, , I,! jl I ~ . ~ e t t ~ r..~ ~ ~p~ -~ ,,~;, IJ 1r.; ti M! ~F !J:J~ .i~~: ~ J ~, I ..:r 1 ;~1 i: ~ ~ ;':ji. ~ ~~ f '. ~E.:--: ~ ~ f,; ~~ Ji f " ..1 i! r!;' VlV >>1'@_'; : I .. ,/ .r " ; lJ ~~ ~'[' . it I'! 'J q ~',d,j ,'~ }: ,- ~~t;:'";"~<\- { · S · > 1'~'~1' l~,~f 'I'W If' I: ,> I ~ ! r t ~ ~ , ~ .. t., t- If} Ij, ~1~~!~t~ lu"'~l !11'h~ ~ II .,ri, t !'l~' t \ t, , 8864 ~ 11 ~I ~ . ...."''1> . <t . \.o~'" ~l.,... 8~'8 ..~ F . (~ .9 ...~ ,. ~;;<, . ~ :,; ~ '" ~ ~ ;< j;~~~.~m8IgR~e~ ~ : siiiiiiiiijiiiii I i!:a ~I II' Is! I ~ I~ I : I I ICtllU nUl B <: Ii ~ ~; .~ "-I:, I II ~"e I ~ !,; I I ~ " ~ C).~ '" ~_' i g ~ :.. Ii:l ~ ~ ~ ~ ~ ~. ; ~ ~ ; ~ ::t q '" ~ '" ............. UUU'ijUl as ISIIa I~ ! De II I R I I se ,., AVOilJe (40' -_-WAr] 1- __ sr ,., ~ ,... ......., I I ~~~: ! j , II, HI B; ;1 r' I ....0'1> . . I ~~~ :::~g .~' , , r~ L II! ur ~ li.illr I illi i '.1 -I @!I h~ ; ~11~11l11 ~ Rd . Jl'lla iI. :1,1 'l'l'l ;Ii ~il Ill! illiiil! ~I t~ Ul I-!- j II t i.. THE ARCHES AT BOYNTON BEACH , : SKETCH Of DESCRIPTION ! r ORIGINAL TOWN Of BOYNTON 5(C'nON 28,. 'TOWNSI*' ..., SOVTl-t. ftNf(;[ .3 EASt !IIII " , . ~ J ~ II I( f I EXHIBIT 0 se 2nd A VeNUe (,.' /r1Qfr-cr-wAr) 1';'''.'1 r09.58' I I ,I' 1 ',_\) ,(l, I 'I I ! JIJ.2J' '/. //' III 'II "I III III 11,.1 I'f III, ,,' 'I -:. ,-' (", (,:;..' IJ ,. t ~ 1 I I I I I I I , I ! I .1 I I I I I 'II ! ii' , I I ~1~59:.?7T Q V ;y r Cl .~ , , 1 "" :~ ~: ~ , . ~ ,I a7 " v I ~'~ I J~O.O" . /'/ '/ '/.." NSS'j9'27"W JJ~,'8.J, OCUi'! A VCNue (,.' _-or-WAY) 8865 \ ;. , . '3 , ., :; ~ ~, ro ;~ ~ " ~ r' -'// 'r~'l-.'.- SD..\. SHAH /- I: 4 s . 0 C ~.RTO;r?S = ~ .wnt. .. H34 SUI'tt'YNI uc.. NO. II ...,. Nl' .... ,."..... ...... llItl. ......... ~ n. .sJH4 f"ttI '54-NS-f4D . 'AXI ~7aS-O"U , ~ ! ""-.....~! ;~~I q~~ ..~ ~1 " ~I h '. ~~- ; " ~~ 1; f"J,'!~ ,~ I I 1 I I 'r,' I ;n I I '!'> I I... I !lIS I l., ,41... , ~ il~~:J>i l:: ~ '1l~1 '~I ~~I '''i ~~I I~I ~~I R~I >i , .... I I I l]i , ~ ~ ~ ~ I sOO' J N88"jg27 't' I .' ~.~ I i 1 I I 1 I I I ~j I ~ . / . ~Ii:l <..",' '~I I I . ". ... ~ .~ I , I I , I I j" ." ? I I I I I f I I ,~ II ;~ iE " ... I r EXHIBIT 0 LAND DESCRIPTION RIGHT OF WAY VACATION ARCHES AT BOYNTON BEACH PORTIONS OF SOUTHEAST 4TI-i STREET, SOUTHEAST 2ND A VENUE, OCEAN A VENUE AND FEDERAL HIGHWAY (U.S. HIGHWAY NO.1, STATE ROAD NO.5, LYING ADJACENT TO BLOCKS 7 AND 12, ORIGINAL TOWN OF BOYNTON, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 23 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND BLOCK 12, ORIGINAL TOWN OF BOYNTON (REVISED PLAT), ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 15, PAGE 18 OF SAID PUBLIC RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID BLOCK 7; THENCE SOUTH 00"02'09" WEST ALONG THE WEST LINE OF SAID BLOCK 12, A DISTANCE OF312.55 FEETTOA POINT ON THE ARC OF A NON-TANGENT CURVE CONCAVE TO THE NORTHEAST (A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 69"00'03" WEST FROM THE RADIUS POINT OF THE NEXT DESCRIBED CURVE); THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 16.19 FEET, A CENTRAL ANGLE OF 49"54'09", AN ARC DISTANCE OF 14.10 FEET; THENCE SOUTH 88"31'35" EAST, 313.23 FEET TO A POINT ON THE ARC OF A NON- TANGENT CURVE CONCA VE TO THE NORTHWEST (A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 00"45'40" WEST FROM THE RADIUS POINT OF THE NEXT DESCRIBED CURVE); THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 24.00 FEET, A CENTRAL ANGLE OF 90"43'31", AN ARC DISTANCE OF 38.00 FEET; THENCE NORTH 00"02'09" EAST, 553.77 FEET TO A POINT ON THE ARC OF A NON- TANGENT CURVE CONCAVE TO THE SOUTHWEST (A RADIAL LlNETHROUGH SAID POINT BEARS SOUTH 89"57'51" EAST FROM THE RADIUS POINT OF THE NEXT DESCRIBED CURVE); THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 24.00 FEET, A CENTRAL ANGLE OF 55"41'02", AN ARC DISTANCE OF 23.33 FEET; THENCE NORTH 88"59'27" WEST, 336.83 FEET; THENCE SOUTH 00"02'09': WEST, 8.63 FEET; THENCE SOUTH 88"59'27" EAST, 340.01 FEET; THENCE SOUTH 00"02'09" WEST, 551.90 FEETTO THE BEGINNING OF A TANGENT CURVE SHEET 1 OF 3 SHEETS 8866 EXHIBIT 0 CONCA VE TO THE NORTHWEST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 90"58'24", AN ARC DISTANCE OF 39.69 FEET TO A POINT ON THE SOUTH LINE OF SAID BLOCK 12 AND THE POINT OF TANGENCY; THENCE NORTH 88"59'27" WEST ALONG SAID SOUTH LINE, 309.58; THENCE NORTH 00"02'09" EAST, 312.55 FEET TO THE SOUTH LINE OF SAID BLOCK 7; THENCE NORTH 88"59'27" WEST ALONG SAID SOUTH LINE, 5.00 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA CONTAINING 12,389 SQUARE FEET (0.284 ACRE), MORE OR LESS. LAND DESCRIPTION PREPARED BY: SHAH, OROTOS & ASSOCIATES, P.A. 3410 NORTH ANDREWS AVENUE EXTENSION POMPANO BEACH, FLORIDA 33064 PREPARED BY: MDR CHECKED BY: MDR' PROJECT NO.: 0598BOO FILE NAME: X:\CAD\SRUVEI0598AOO\RIGHT OF WAY VACATION June 8,2005 SHEET 2 OF 3 SHEETS 8867 EXHIBIT "E" Conditions of Approval PrOject name: The Arches File number: ABAN 05-006 Reference: Sidewalk Abandonments I DEP ARTMENTS I INCLUDE I REJECT I PUBLIC \VORKS- General Comments: None PUBLIC WORKS- Traffic Comments: None UTILITIES Comments: 1. All existing Clty utilities (water, wastewater and stonnwater conduits) must be relocated or encased to continue their functional purpose in the area. 2. All other utility services within this corridor shall be relocated at the applicant's expense. FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: 3. The abandonment of the sidewalk segments within the right-of-ways shall be so designated on a new boundary record plat to reflect the same. BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENT ALIST Comments: None 8868 CondItions of Approval 2 I DEP ARTMENTS I INCLUDE I REJECT I PLANNING AND ZONI~G Comments: 4. Should the City Commission approve the abandonment request, the apphcant would need to provide executed easements, satisfactory to the City Attorney, prior to issuance of the first pennit. I I I PRIV ATE UTILITIES i Comments: 5. Adelphia has no objection to the abandonment as long as Adelphia facilities are granted the proper easements and any relocatIOn of facilities are at the expense of the apphcant. 6. Florida Power & Light has no objection to the abandonment contingent upon the following conditions: a) FPL acquiring all additional easements for any and all existing or proposed FPL facilities necessary to service any and all eXisting and proposed future construction requiring electrical service at the abandoned site. This includes but is not limited to ten (10) foot easements adjacent to both SIdes of all major thoroughfares. b) Written approval of the City of Boynton Beach and FDOT is required for the removal of any of the streetlights. c) Any and all cost resulting with the relocatIOn or removal of FPL facilitIes, due to said abandonment, are to be paid by the applicant. 7. Florida Public Utilities Company has no objection to the abandonment contingent upon the following conditIOns: a) All related relocation expenses wIll be paid by the party requestmg the abandonment by the date specified by Florida Public UtilIties Company. b) A separate easement must be granted to Florida Public Utilities Company withm the referenced area. All related easement expenses will be paid by the party requesting the abandonment by the date specified by Florida Public Utilities Company. 8. Bellsouth has no objection to the abandonment as long as Bellsouth facilities are granted the proper easements and any relocation of facilities are at the expense of the applicant ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD 8869 I DEPARTMENTS I INCLUDE I REJECT ] CONDITIONS Comments: 1. To be determined. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S'\Planning\SHARED\WP\PROJECTS\ARCHES\ABAN 05-006 (S,dewalk.s)\COA doc 8870 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Arches APPLICANT'S AGENT: Kim Glas-Castro I Bonnie Miskel of Ruden McClosky APPLICANT'S ADDRESS: 222 Lakeview Drive Suite 800 West Palm Beach, FL 33401 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 6,2005 TYPE OF RELIEF SOUGHT: Request for abandonment of that portion of the right~of-way for SE 2nd Avenue, SE 4th Street, Ocean Avenue and Federal Highway that abuts the proposed Arches at Boynton Beach, and are improved with public sidewalks. LOCATION OF PROPERTY: SW corner of Ocean Avenue and 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 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 DA TED: 8671 City Clerk J:\SHRDA TA\Planning\SHAREDlWP\FORMS\Blanks forms folder\Develop.Order Form-2001-Revised.doc 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. fhe 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. XVI. Adjournment. Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting wi II 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. Tuesday, August 30, 2005 Special Meeting 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, August 9, 2005 Meeting - 8794 B. Consideration of Revised Financial Report - June 30,2005 - 8814 C. Consideration of Server Technology and Integrated Accounting Software - 8819 D. Consideration of an Event Partnership with City of Boynton Beach for the "Pirates of the Intracoastal" scheduled on 10/22 & 10/23. - 8826 V. Public Audience VI. Public Hearing New Business A. The Arches Land Use Plan AmendmentlRezonine 1. PROJECT: Arches (L U AR 05-008) - 8831 AGENT: Bonnie Miskel, Esq., Kim Glas-Castro, AICP Ruden McClosky OWNER: Boynton Ventures I, LLC LOCATION: Southeast comer of the intersection of Ocean Avenue and SE 4th Street DESCRIPTION: Request to amend the Comprehensive Plan Future Land Use Map from Mixed Use (MX) to Mixed Use Core (MX-C); and Request to rezone 0.58-acre of property from Central Business District (CBD) to Mixed Use-High Intensity (MU-H). Proposed Use: Addition to an approved mixed use development proposed to include a total of 378 dwelling units and 38,599 sq. ft of commercial space Abandonment - Street 1. PROJECT: Arches (Street) (ABAN 05-004) - 8837 AGENT: Bonnie Miskel, Esq., Kim Glas-Castro, AICP, Ruden McClosky OWNER: Boynton Ventures I, LLC LOCATION: Southeast corner of the intersection of Ocean Avenue and SE 4th Street DESCRIPTION: Request for abandonment of a forty (40) foot wide right-of-way known as Southeast 1 st Avenue between Federal Highway and Southeast 4th Street in connection with the proposed Arches development. Abandonment - AlIev 2. PROJECT: Arches (Alley) (ABAN 05-005) - 8848 AGENT: Bonnie Miskel, Esq., Kim Glas-Castro, AICP Ruden McClosky OWNER: Boynton Ventures I, LLC LOCA nON: Southeast corner of the intersection of Ocean A venue and SE 4th Street DESCRIPTION: Abandoment - Sidewalk 3. PROJECT: AGENT: OWNER: LOCA TION: DESCRIPTION: VII. Pulled Consent Agenda Items VIII. Adjournment Request for abandonment of a portion of an alley (Southeast 1 st Place), located immediately east of SE 4th street, in connection with the proposed Arches development. Arches (Sidewalk) (ABAN 05-006) - 8859 Bonnie Miskel, Esq., Kim Glas-Castro, AICP Ruden McClosky Boynton Ventures I, LLC Southwest comer of Ocean Avenue and Federal Highway Request for abandonment of a portion of rights-of- way that abut the Arches at Boynton Beach along SE 2nd Avenue, SE 4th Street, Ocean Avenue and Federal Highway and that are improved for public sidewalks. 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 \vhich the appeal is to be based. rhe CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program. or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 05-129 TO: Chair and Members Planning and Development Board, Community Redevelopment Agency Board, Mayor and City Commission Dick Hudson, AICP ~ Senior Planner ;(lW Michael W. Rumpf Director of Planning and Zoning FROM 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 orovidinq 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 Development Requlations; however, in no case shall health, safety, welfare, or efficiencies of public services be ieopardized." 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- \V A YS. The minimum width of a right-of-way in a POO 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. 8828 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 fjnd 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 two-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 fjnal review by the Commission. Exhibits S:\PLANNING\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 05-014 R-O-W IN PUDS\CDRVSTAFFREPT.DOC 8829 Exh i bit "A" Proposed Amendments Chapter 2.t Planned Unit Developments, Section 9. Intemal PUD standards. . . F. RIGHTS.~OF-W A YS. The minimwn width of a right-of-way for a principal street in a PUD is forty (40) feet. In the event of a conflict v.'ith 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. Privately owned streets providing secondarv vehicular circulation intemal to the PUD may be considered for approval with rights-or-way and pavement widths less than the requirements stated in the city's Land Development Regulations; hmvever, in no case shall health. safety, \velfare, or efficiencies of public services be jeopardized. S \Planning\$HARED\\~rY,.sPECPRor,CODE REVIEV....\CDRV 05-014 R-O.W In PUDs\Code Language doc 8830 VIII. 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. he 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. BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM BOYNTON BEACH Requesled eRA Dale Finall\1alerials l\1usl be Meetin!! Da les Turned inlo CRA Office 0 January II, 2005 December 28,2004 (Noon) 0 February 8, 2005 Janual) 25,2005 (Noon) 0 March 8, 2005 Februal) 22,2005 (Noon) 0 Apnl 12,2005 March 29, 2005 (Noon) 0 t>.1ay 10, 2005 Apnl 26, 2005 (Noon) 0 June 9, 2005 May 26, 2005 (J\:oon) NATURE OF AGENDA ITEM o Consent Agenda o Director's Report Requested CRA Date Final Materials l\1ust be Turned inlo ~1eetin!! Dales CRA Office 0 July 12,2005 June 28,2005 (Noon) . August 9, 2005 July 26, 2005 (Noon) 0 September 13,2005 August 30, 2005 (Noon) 0 October II, 2005 September 27, 2005(Noon) 0 November 8, 2005 October 25, 2005 (!\:oon) 0 December 13,2005 November 29, 2005 (Noon) 0 Old Business 0 Legal . 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 $550,000 and in fiscal year 2006-2007 the CRA will raise and/or budget $1,400,000 to complete the project ALTERNATIVES: To not approve the Agreement for the purchase of the Old Boynton Beach High School. cJ ~//I . G- C ~'g{Jt / /;',if,,-- " CRA S f son, CRA Director 8872 C\Documents and Settings\brightl\Desktop\2005 Agenda Summaries\BB High School 8905doc AGREEMENT BETWEEN CITY OF BOYNTON BEACH ("CITY") AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY ("CRA") This Agreement (hereinafter "Agreement"") is made the , day of 2005, between the CITY OF BUYNTON BEACH, a municipality located in Palm Beach County, Florida (hereinafter "CITY") and BOYNTO;\' BEACH COMi\1UNITY REDEVELOPMEi\iT AGENCY, a public agency created pursuant to Chapter 163, PaJ1 Ill, of the Florida Statutes (hereafter "CRA"), each one constituting a public agency as defined in Part 1 of Chapter 163, Florida Statutes. RECIT ALS 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 pre\enting the development or spread of future slums or blighted areas or to otherwise carry out the purposes of Section 163, Florida Statutes; and WHEREAS, on March], 2005, the CITY Commission voted 4-] to approve the restoration of the Old High School ("School") and to authorize the CRA to return to the CITY Commission with the fonnal documents by April 5,2005: and WHEREAS, the City has determined that it is in the public interest to transfer the School to the CRA for the prevention of the development or spread of future slums or blighted areas; and WHEREAS, the CRA will take sole ownership and control of the School and will be solely responsible for the maintenance, adaptive re-use, insurance, leasing and redevelopment of the School. 8873 N\Old H'gh School\Rev,sed Old h'gh school transfer of ownEfship agreement revised 8-25'05 doc NOW, THEREFORE, it 1S agreed and understood by and between the pal1ies hereto as follows: SECTION ONE - TR-\NSFER OF O\VNERSHIP ].] 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. ].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 fol1h 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 \vriting, 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.] The Old High School ("School") prope11y will include the building at the building's footprint only. The City will provide ingress and egress across City 8874 N\Old H'gh School\Rev,sed Old hIgh school transfer of own"2ship agreement rev,sed 8-25'05.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 - CONSIDER>\. TION 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 FOtJR - 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 #]). The Plan shall include Proposed Pm1nership Agreements with the Cultural Board and / or other primary users. SECTION FIVE PHASI~G PLAN FOR RESTORA TION AND REDEVELOPMENT OF THE SCHOOL 5.] The School will be adaptive]y re-used and redeveloped in accordance with the Secretary of InteriOl"s Historic Presentation Standards (36 erR 68) and as defined in the CRA Project Plan. The School will be placed in usage in sections or phases to allow for initial operations to begin as quickly as possible. SECTION SIX - RESPONSIBILITIES OF THE CRA 8875 NIOld High SchoollRev,sed Old h'gh school transfer of ownEjsh,p agreement rev,sed 8,25,05 doc 6.] 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 \\ ill maintain those particular improvements on the grounds, unless otherwise agreed to by the parties. 6.2 The CRA shall begin Phase I adaptive re-use no later than nine (9) months after Plan approval (Condition Subsequent #2). SECTION SEVEN - FUNDING 7.] The CRA will raise and/or budget $50,000 during the fiscal year during which this Agreement is executed (Condition Subsequent #3). The purpose of these funds will be: a. Acquire building and site from City. b. Develop partnership agreements with other entities and establish a Project Team to guide the project completion. c. Develop and manage a Request for Qualifications to secure a Restoration Architect and other needed specialists. d. Develop a Project Plan defining the building use layout, space allocation, phasing/budgeting and adaptive rc~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. 8876 N\Old H'gh School\Rev,sed Old high school transfer of own~ship agreement revised 8,25,05 doc 7.2 The CRA will raise and/or budget $550,000 during fiscal year 2005~2006 (Condition Subsequent #4). 7.3 The CRA will raise and/or budget $ 1.400,000 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 REQliIREl\IE:\TS 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 \vill contain all pertinent infom1ation with regard to the status of the adaptive re-use and redevelopment of the SchooL including but not limited to: financial reports, restoration status, leasing status, and redevelopment status. SECTION NINE - REVERTER 9.1 If the CRA fails to meet these deadlines as set forth above, upon written notice, the School v, ill 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 8877 N\Old H'gh School\Revlsed Old h'gh school transfer of own€5sh,p agreement revised 8-25-05 doc forth herein, and no agreement for extension is reached, the propel1y will rnert to the City upon written notice. SECTION TEN - NOTICES 10. I Any and all notices required or permitted to he 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 belm\'. 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: With a copy to: If the CRA: \\/ith a copy to: City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425 Attention: Kurt BresneL City I\lanager James A. Cherof, City Attorney ,099 East Commercial Boulevard Suite 200 F0I1 Lauderdale, Florida 33308 Boynton Beach Community Redevelopment Agency 639 E. Ocean A venue, Suite 107 Boynton Beach, Florida 33435 Attention: Douglas C. Hutchinson, Director Kenneth G. Spillias, Esquire Lewis, Longman & \Valker, P.i\. 8878 N\Old High School\Rev,sed Old high school transfer of own~sh,p agreement revised 8-25-05 doc 1700 Palm Beach Lakes Boulevard, Suite 1000 West Palm Beach, Florida 33401 SECTION ELEVEN - APPLICABLE LA \V 11.1 This Agreement shall be construed in accordance with the laws of the State of Florida. SECTION TWEL VE - VENUE 12.1 Each of the parties hereto are authorized to enforce the tem1S of this Agreement in a court of law in Palm Beach County, Florida, and may seek all remedies available at law and in equity. The prevailing party in such litigation shall be entitled to reasonable costs and attorneys' fees, including fees incurred through any appeals. SECTION THIRTEEN - VALIDITY 13.1 1n 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 afTect any other provision hereof and this Agreement will be construed as if the invalid, illegal or unenforceable provision had never been contained herein. SECTIO]\\ FOURTEEN - ENTIRE AGREEMENT 14.1 This Agreement constitutes the entire understanding of the parties and any previous agreements, whether \vritten or oral, are superseded by this Agreement. Any amendment of this Agreement must be reduced to writing and executed with the same formality by both parties. SECTION FIFTEEN - RECORDA TJON 8879 N\Old H'gh School\Revised Old high school transfer of owne,rship agreement revised 8-25.05 doc ] 5.] This Agreement shall be recorded in the Public Records of Palm Beach County, Florida. SECTION SIXTEEN - INDEMNIFICA TION AND INSliRANCE ] 6.] 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 tenns 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. ] 6.2 eRA 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 co\erages afforded under these policies will not be cancelled until at least forty-five days (45) prior written notice has been given to the CITY. Policies shall be issued by companies authorized to do business pursuant to the laws of the State of Florida. Financial Ratings must be not less than "A-VI" in the latest edition of "Best Key Rating Guide", published by A.M. Best Guide. Insurance shall be in force until the obligations required to be fulfilled under the tenns of this Agreement are satisfied. In the event the insurance certificate 8880 N\Old H'gh School\Rev,sed Old high schoollransfer 0' own~sh,p agreement rev,sed 8,2S-0Sdoc provided indicates that the insurance shall tern1inate and lapse during the period of this Agreement, then CRA shall furnish to City, at least thil1y (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 CRA shall be responsible to maintain any and all insurance necessary in an amount adequate to cover the cost of replacement of all improvements, fixtures and contents in the Property in the event of a property loss (Condition Subsequent #7). SECTION SEVE:'\TEEN - REMEDIES 17.1 This Agreement shall be construed by and governed by the laws of the State of Florida. Any and all legal actions necessary to enforce the Agreement will be conducted in Palm Beach County. :.10 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 8881 N\Old High School\Revlsed Old high school transfer of ownllJsh,p agreement revised 8-25-05.doc any right, power or remedy hereinunder shall preclude any other or further exercIse thereof. SECTION EIGHTEEN - INTERPRET A TION 18.1 This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties. SECTION NINETEEN - BIl\DING AUTHORITY 19.1 Each party hereby represents and \\arrants 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 \\hom or on whose behalf he or she is signing this Agreement. SECTION TWENTY - EFFECTIVE DATE 20.1 This Agreement shall become effective on the date last signed by the parties. SECTIO:\T TWENTY-ONE - ANNUAL BUDGET APPROPRIATIONS 21. I The CRA's obligations under this Agreement are contingent upon annual appropriation. 8882 N\Old H'gh School\Revised Old hIgh school transfer of Ownf(}h,p agreement revised 8-25-05 doc THE PARTIES HERETO have signed this Agreement as of the Effective Date. BOYNTON BEACH CO\1MUNITY REDEVELOPMENTAGE~CY CITY OF BOYNTON BEACH By: Bv: Jerry Taylor, Mayor 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 Cheroe Esq. City Attorney I \CIICI1! [)OCUlllCIlISBo) '11011 I~cach CR,^,'.241lJ-OOO'1\1,sc'AgrcclllcnIS Rcvlsed Old h,gh school tral1sfer of ""l1crsh'r agreement doc 8883 N\Old H'gh SchoollRevised Old h'gh school transfer of ownPlf'hip agreement rev,sed 8-25,05 doc ., " ..!,..l BOYNTON BEACH Requested CRA Merline Dales o January Ii, 2005 o Fehruary 8, 2005 o .~larch 8, ~005 o April 12,2005 o May 10, 2005 o June 9, 2005 NATURE OF AGENDA ITEM DATE: August 2,2005 BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM Oalf Final Male rials !\lust be Turned into eRA Omce Decemher 28, 2004 (l\oon ) Requesled eRA Meeline Dates 0 July 12,2005 . August 9, 2005 0 Septemher 13,2005 0 October I I, 2005 0 November 8, 2005 0 December 13.2005 0 Old Business . New Business Oalf Final '\1alerials \lusl be Turned i.!uQ CRA Office June 28, 2005 ("-'oon) July 26, 2005 (Noon) August 30, 2005 (Noon) September 27, 2005(l'oon) October 25, 2005 (Noon) November 29,2005 (Noon) o Legal o Future Agenda Items o Other Item 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 January 25,2005 (Noon) Fehruary 22, 2005 ()..;ocm) f\larch 29, 2005 (Noon) April 26, 2005 (Noon) May 26, 2005 (Noon) o Consent Agenda o Director's Report 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 eRA 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 $1,477533 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 .>j: ~~ z.GA- \, ' Staff ~ ""lchio,oo, eRA Dice"", 8760 C \Documents and Selt,ngs\brlghtl\Desktop\2005 Agenda Sumrnarlesllnterlocal 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 O\.VTIS land that is knoVvTI as the Boynton Beach Extension Promenade Property (see descnption and survey thereof attached hereto as Exhibit "A") hereinafter referred to as the "Property"; and WHEREAS, the CRA O\.VTIS a property that will become a portion of the Boynton Beach ExtenSIon and Promenade project (hereinafter "PROJECT"), descnbed In Exhibit "B" attached hereto and made a mart hereof WHEREAS, the eRA is going to have improvements permitted and constructed on said property (Improvements will be descnbed 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 contnbutes 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 \VHEREAS, the parties hereto deSire to outline the responsibilIties relatmg to the Property; NOW THEREFORE, in conSideration of the mutual promises and covenants contained herem, and other good and valuable consideration, the receipt and adequacy of which are acknowledged, the CRA and the CITY agree as follows 10 Recitals, The foregoing recitals are true and correct and are hereby mcorporated into this Agreement 2 0 Responsibilities of the eRA. 21 The CRA agrees to have permitted and constructed the Improvements known as the Boynton Beach Extension Promenade Project and more particularly descnbed in ExhibIt "C" attached hereto and incorporated herein. 22 the project The CRA will pay the City for its costs and expenses in the maintenance and repair of 23 The CRA will convey by Warranty Deed at no cost to the City that the portion ofJand for the Project as described in Exhibit "B" attached hereto and made a part hereof 8761 Page I LAPjas Rev 6704 \j,lnkrlocal Agreelllenls\BBI3 InterlocaJ'BBCRA [\1 - Promenade Pro/ - revised doc 2.4 The CRA will reimburse the City In the amount of $],477,533 for the City's acquisition costs of the Hall property. 3.0 Responsibilities of the CITY. 3.1 The CITY wi II take ownership of the im provements once complete Iy 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 casement 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 hannless the eRA, 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 o\vner of the Property; or c. when the CRi\ is dissolved as an entity. 5.0 Severabilit)'.]f 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 la\\. 6.0 Entire Agreement. This Agreement constitutes the entire understanding of the parties and any previous agreements, v.hether \Hitten 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 Authorit),. 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 LAP J3S Rev 6 7 04 Z IInterloca! /\greemenlslBBB InlerlocahBBCRA Ex! ' Promenade ProJ - rc",sed doc 10 Remedies. Any and all legal actions necessary to enforce this Agreement will be conducted In Palm Beach County, Florida No remedy herem 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. Inter'pr'etation This Agreement shall not be construed more stflctly 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 LAPJ3s Rev, 6 704 l\l'Inlerlocal Agreemenls\BB8 InterlocalllBCR..\ E.x1 - Promenade Prol - re\'lSed 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 eRA Witness ChaIr Witness State of Florida ) )ss County of Palm Beach) Personally appeared before me duly authorIzed to admmister oaths , to me known to be the person descrIbed herem and who executed the foregoing instrument and has acknowledged before me and has executed the same. 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August 9, 2005 0 September 13,2005 0 October 11,2005 0 November 8, 2005 0 December] 3,2005 0 Old Business . New Business Date Finall\lalerials Mull be Turned into CRA Orfice June 28, 2005 ()\;oon) July 26, 2005 (Noon) August 30, 2005 (Noon) September 27, 2005\,'ioon) October 25, 2005 (l"oon) November 29, 2005 (l"oon) o o o Legal Future Agenda Items Other Item January 25, 2005 (\:oon) February 22, 2005 (Noon) March 29, 2005 (Noon) April 26,2005 (Noon) May 26,2005 (Noon) o Consent Agenda o Director's Report 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 tr,e 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: $200000 In design costs for fiscal year 2004-2005 budget and $750,000 In construction In both fiscal years 2005-2006 and 2006-2007 New street construction Without streetscape elements or redeSign to eliminate the median ditch CRA Staff ~'";o". CRA O"CC1o< C \Documents and Sett,ngs\bnghtl\Desktop\2005 Agenda Summanes\4th Street Upgrades 8 9 05 doc 8771 nDC.' I-'~J 'leeting l\Iinutes S.E. Federal Corridor Project PBS&J Project J\o. 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 Elemel1ls for SE 4,1; Street from SE 12tb 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 guner to separate parking from travel lane 4 1] foot travel lane 5. 5' wide median \vill 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 \vill use curb bulb-outs in lieu of thermoplastic pavement markings to delineate parking areas (thermo markings to be used at intersections). Mid-block bulbs \vill be accented using brick pavers and above-grade (concrete/cement) planters. Planters will be irrigated. · Curb bulb-outs \\ ill also be used at all street intersections and accented with brick pavers (and trees \\ here appropriate by design/sight distances) · City has requested PBS&J to modify current task order Amendment 1\0. 1 for the addition of the following , 'l, lrrigation source study Irrigation study \vill he limited for up to 4 alternati\es 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 storm water 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 wdl be responsible for irrigation and landscape design at their request. ("\'ote: Subsequent discussions with City follO'vving meeting indicated City's intent to ll1corporate 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 200 P!\l 8773 . . BOYNTON BEACH Requested CRA ~leetine Dales 0 January 11, 2005 0 February 8, 2005 0 March 8,2005 0 April 12, 2005 0 ,\1a) 10, 2005 0 June 9, 2005 !'\A TURE OF AGENDA ITEM DATE: August 2,2005 BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM Dale Final Materials Must be Turned into eRA Office December 28, 2004 (Noon) Requested CRA ,\Ieetinz Dates 0 Jul\ J 2, 2005 . August 9, 2005 0 September 13,2005 0 OClober 11,2005 0 November 8,2005 0 December 13,2005 0 Old Business . New BUSiness Date Final ,\Iaterials Muq be Turned into eRA Office June 28,2005 (Noon) July 26, 2005 (Noon) August ]0, 2005 ("'oon) September 27, 200S('!oon) October 25, 2005 (Noon) November 29, 2005 (Noon) o o o Legill Future Agenda Items Other Item January 25, 2005 (Noon) February 22, 2005 (Noon) March 29, 2005 (Noon) April 26, 2005 (Noon) May 26, 2005 (Noon) o Consent Agenda o Director's Report 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 perm It These delays require the developer to request the C RA 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 ".....-:-,_../ " )'7)( " 1 ~-~)t \ <. ( l CRA Staff 'j '. 8774 C \Documents and Sett,ngs\bflghtl\Desktop\2005 Agenda Summafles\Promenade Xtns 8 9 05 doc Greenberg Traurig ~:> r.: ,,_ n:cCEIVi::'o Pd~; D,>\~c:~) 954 ,6282<12 e'l c :'1 r' P:""r~I"" .c',- .'!liON BEASH ('.R.,D July 8,2005 VIA F:'\,CSIl\IILE AND FED EX 1\1r. Doug Hutchl!1son BOyllton Beach CommunIty Redevelopment Agency 639 East Ocean A. venue, SUlte ] 03 13uYl1Iun Beacn, FL 33435 Re: Promenade - Request for Extension and Site Plan !\lodification Dear Doug As you know, on July 20, 2004, the City CommiSSion gr~lI1ted a Development Order appro\"!ng the sIte plan for the Promenade project (FIle No, NWSP 04-009) that is bemg developed by our clIent, BOYllton Waterways Investment AssocIates, LLC On June 28, 2005, we submItted a request to the CIty for a 12-month extensIon of the sIte pian approval and that request IS currently bel/1g processed In accordance \Vlth the requIrements of the DIrect Incentive Agreement, \ve are hereby also requestl!1g CRA approval to extend the "Commencement Date" (e,g" the date by \\hich the de\elopcr must apply for a buIldl/1g penllJt) by 12 months Our client has been working dIligently on ItS \ery successful marketlllg campaIgn and the project IS essentIally fully reser\ed, However, \vhIle buIldll1g plans are complete, negotiations WIth the proposed general contractors ha\e been ongOll1g due to intense market demand for contractors and the developer IS not yet at pOllll where they can apply lar :1 bullding peml1t. Therefore, we arc hereby resrectfully requestmg that the eRA appro\e a j 2-montn eXlenSlOn of li1e Commencement Dale as defined 111 the lnccntl\e Agreement. As always, thank you for your assistance With thlS matter and please call me at (954) 7()8-8248 I f you need any addItIonal Il1f0l111atlon Sll1c,erely, I ~/" / I /2</ ~ Paul D'Arelll l( t _/ Lc cc Mr. JeffKnnsky 8775 ( ::! ~ G '>','! 'F' 3" . I 1/1.1 s', ,'Ie I ~. r,kl ,,"; : i_' ~ to. I ..1' ,i ~ '_ I"l ill'''I" ,',' i.'! .1 y ~ r" ;~ . /.', ( ~t;;:I.~ VJ. """"'-'-"1...1,-, U 11\......UI..l..U '::J.....;_ f U.J ,_ I' , '\-1/ 1,-,' e :'..... l ~ : [.. t}j~ f}: Jettax t / 12 ; c 2 '; e 1 2 Greenberg Traurig Transmittal Cover Sheet From: Paul D'Are1l1 Tel: (954) 768--8248 E-Mail: darellip@gtlaw.com To: Mr. Doug Hutchlnson Fax No: 56]-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 properly. please call (954) 468-1763. Notes: 8776 Also sent via: o US Mail o Ovemight .~ U Messenger OEmail []J No Other The informatlon =ontained in lhis transmlSs,on IS altorney pnvlleged aOO confiaenllal. It IS intended only fo' !he use of lhe mdrv,du~i or entity named above If the read8r of tI116 message Is nO! the intanded recipient, you are hereby notified thaI any d~ttmlnat~n, dlWibulion or COWing o! I:t"lls communk..aUon Is S1rlctJy proh!brl~d, If yOu have rtCt:I\Jbd fhls ccmmunu::1S'~ In error. plel:aSe nOfif'v lJ'lO tT\m_ol:::'l..,ht bv tele;mooo COIl9C1 ana rolurn me Original me~~aQe 10 u~ 911flG aOOress DeIOW VIll inS U,S. PQSl91 Se rvlca , We will roimOur.;<J you for YOJf posLB"e, Than~ you. 401 East Las Olas 8o~leyaro. Suite 2000. Ft. Lauderdale. Flor,ca 33301 Phone. 954 7850500 Fax 954765 1477 sent ty: GP:::Ef;E:CPG TOA',,:oIG 95{ 755 ~ /- 77. ~ I I , 07/08/05 11:46AM;Jetfax #77D;page 2/2 Greenberg Traurig Paul O'Arcll1 954-768-8248 ~~[~!w@s1I~f~JIl 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 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 building 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-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. ~t9~ Paul D'Arelli cc: Mr Jeff Krinsky 8777 Greenb@rgr'.urig, PA I Attomeys 01 Law 1401 East Las Olas 8oJIi!V'olrd' Suite 2000 I Fort C<luderdale, FL 33301 Tel 954,7E5,OSOO I Fax 9547651477 , I AUl.NY AHSTERD.H ATLANTA 5O{~l.ATON eaSTON ! CHICAC.O I DAllAl , O[NVE~ I FORT ,.UDfROAU' I ,05 A~CfUS /-1"-""1 NEW Jf~SEY "lEV< YOR): ~ COLlNTY, C~ ~,AN:>O , I /HIlAO,UOH,. I PHOE'lIX SIUCON YAllrv TAu.AH.I\~E TY,O"l, CORNEl WASHINcmN, D,C WlST F.~M BEACH .....,'...."",,....c'TU"-' ZURlCH i www.gt:aw.com 0~. Board Member Comments Any person v.ho decides to appeal any decision of the Community [{edc\eloplTlent Board \\ltl1 r"espect to any lIlartel considered at thiS meeting \.\,11 need a record of the proceedings and for sllch purpose lTlay need to ensure that a verbat,m record of the proceedings IS made, \vhich I eCOid includes the testllllony and evidence upon I\hich the appeal IS to bc based 1e CR^ shall fumish appropriCltc au\illalY aids and services II hClc Ilccessary to affmd an individual IV ith a disab,l,ty an equal opportunity to participate in and enjoy the benefits 01 a service, program, or activity conducted by the CRA Please contact Douglas Hutchinson at 561-737-3256 at least t\.\enty-foul hours p!"lor to the program or actl\ity In order for the eRA to reasonably accomlllodate 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 CRA 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 O,rectors Reports.2005\Monthly Ollectors Report. Aug doc XI. Director's Report Any per.son \\ho decides 10 appeal any decision of the Community Redevelopment Goard \',111 ,.espect to any matter cClnsldell:d at this meeting VI ill need a record of the proceedings and fOI such purpose n~ay need to ensure that a \elbatil11 record orlhe procecd,ngs is made. \\hid record includes the testrmony and cvldence upon \\hlch the appeal is to be based le CRA shall furnish arproprlate auxiliary aids and serVIces \\here necessary to afford an indiVidual \11\h a disability an equal Oppol1unrty to pal1lcipate ,n and ellloy the benefits of a selv,ce. rrogralll, or activity conducted by the eRA Please contact Douglas I-Iutchin,on at 561-73 7-3::!'i6 at least t\\enty-fouI houls pl.lor to the program 01 dCtll ity In order for the eRA to reasonably accollllllodate your request. Planninq: · 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 (FT A) - 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 Annetle s Shares X \Monthly Directors Repons\2005\Monthly Directors Repon, Aug doc · Staffing - Margee Adelsperger IS the new Event Coordmator 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. 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ClJ III ~ III 3 0' 3 s 0- ~ 0 0 Do o III ... ro () o 3 "0 !II :J '< Z III 3 C'D () o :J !iT ~ -l "tJ l> ~ ;;0 g -l C'D 3: ~ CD CD - ~ (/) r o n III ::!'. o :J +- ~- t ... BOYNTo.N BEACHC~~~~;~;::;~~~~lOPMENT AGE NCY:~ . ~_ ,. .~ Uptown Lofts BOYNTON BEACH Guifstream Lumber VVoclbilghUN Federal NAME OF PROJECT: LOCATION: TYPE OF PROJECT OWNER(S): Name Project Contact Person: Name Address , C,ty/SUZlp Phone/Fax/Email Epoch Propert,es Kyle R,va 395 Carol,na Avenue Winter Park. FL 32789 407-644-9055 407-644-9845 PROJECT DETAILS Development Site Size' Acres 146 Zoning/Use: MU MXL3 Design Guidelines Met? Yes - good street frontage and ,nterlor Circulation Max He'ght - 75' - He,ght Variance needed for 5 Componets: Type of Element Resldenl,al Restaurant Retail Office Sq.Ft 385 601 o 43.359 o 428960 No. Units 494 Parking Required Packing Res;dent,al --. --- -.- - C:Jmmerc'al/Retail/Offlce !or ~roLect Total No, Spaces PrOject Parking Prov,ded Park,ng ,n excess of requirements 895 217 1,112 1 362 250 PROJECT TIME TABLE: Curcent Status Construction Stan Date Comple:,on Date ,n for s,te plan approval - August 05 CRA TOTAL ESTIMATED PROJECT VALUE UPON COMPLETION: $60,000000 8785 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY -- --- -- - - - ~ - PROJECT REPORT ! -- July 20 2005 -- l' , NAME OF PROJECT LOCATION: The Arches Ocean & Federal BOYHTON BLAG'" TYPE OF PROJECT M,xed- Use Maxwelle Realty Ryan Welsf,sch 3050 Aventura Bivd Aventur a F L 33180 (305) 792-7500 OWNER(S): Name Address Clty/SUZ,p ,~_ Phone'Fax/Ema" PROJECT DETAILS Development Site Size: Acres Square Feet Bldg Sq FI DUlAC 504 219 567 815.023 75 Zoning Land Use CBO to MU,H (150 - 4 G FAR 80 du/ac) MXC Componels: Type of Element Sq,Ft 514,050 o 38,599 o Res,dent!al Restaurarct Reta,l Off;[ e Parking Requlled Park,ng Res,dent'al Commerc,al!Reta,I/OH,ce for PrOject Tolai Requ,red Parking Park,ng Prov,ded Garage Res!dent,al CommerCial.'Retail/Offlce for PrOJect, Publ,c Surplus Sub, Total On-Street (Includes C,ty~oU _~____ Totai Urban Design Comments: 1 He,ght var'ance needed - 16' Total height 167' 2 Plaza al Federal and Ocean - a Plaza,s too large Reduce s,ze b Create a gather,ng area us,ng rnteract,ve deSign elements, an fountains [ightlng Lxed seat,ng areas 3 Federal H,ghway central entrance a Create corner cuts at north/south bldgs to feature deSign e'ements such as SCulpture or founta,ns 4 Corners at Federal/2nd and 2nd/4th a Need arch,tectural features 5 Elevator shafts on roof How w,ll these be hidden? 64th Street a No metal overhead doors b Park,ng garage entrance needs be1ter arch,teclural treatment c 41h needs active pedestr,an engagement along the two blocks at 4th ,e town homes storefranls ar oH,ces PROJECT TIME TABLE Current Status Construct,on Start Dale Complet,on Dale ,n for LUiSlte plan abandonment approva, ' to CRA Board Aug 2005 TOTAL ESTIMATED PROJECT VALUE UPON COMPLETION: 8786 No. Units 378 No, Spaces 554 193 747 554 193 56 803 52 855 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY ------ --- -.~.._- ~- ----- PROJECT REPORT .~AugtJ.~.~05 NAME OF PROJECT: LOCATION: The Arches - Compar,son of Old and New S,te Pian Ocean & Federal TYPE OF PROJECT: OWNER(S): Name Address Clty/SUZ,p_ Phone/Fax/Emali Mixed-Use Maxwelle Realty Ryan We,sf,sch 3050 Aventura Blvd Aventura. FL 33180 (3051792-7500 Acres Bldg Sq Ft DUlAC New Site Plan 504 (stated on site plan-,ncludes abandonment of SE 1st, alley and s,dewalk on 2nd, Ocean and 4th Actual shown on survey = 170,371 '/391 + SE 1st Ave & alley = 178.329'/4 09 - Abandonment of SE 1st and alley,s standard request _ abandonment of s,dewalk '5 not) 815023 92 CBO to MU-H (150' - 4 0 FAR 80 du/ac) MXC Zoning Land Use Components: Type of Element Res,dent,al Restaurant Reta,l Ofke _ _G~~ge Parking ReqUired Park,ng Res,denlial Commerc,aliReta,llQ!f,ce fo~ ProJtC.~t Total Requ,red Park,ng Park,ng Prov,ded Garage Res,dent,al Commerc,aIlRetaII/Off~e_f<:Jr PrClJec! Publ,c Surplus Sub-Totai On-Street (,ncludes City Icl.!.)_ Total Public Plazas Height (new plan requ,res a he'gllt except,on) 8787 -- - i~ Old Site Plan 35 687,221 79 ~~ " : (i'" , - , ~ _.___ A_ I BOYNTON BEACH New Site Plan - 7105 Sq.Ft. No. Units 552.649 378 o 38,599 o 262,374 853,622 No. Spaces 554 193 747 554 193 56 803 52 855 4,636sq ft 167' (,ncludes elevator Shafts) ------j Old Site Plan - 4/03 Sq. Ft. No. Units 429.121 276 o 56.500 o 201,600 687,221 32% change No. Units 512 237 749 512 237 2 751 9,600sq ft 139' (,ncludes 9' decorative rods - 2) XII. Legal Anv person v.ho decides to appeal any declslo'l of the COllllllUllIly Rednelopment Board ",th respect to any matter considered at this meeting v. ill need a record of the proceed,ngs and for such [1urpose Illa) need to ensure that a \'erbatllll record of the proceedings IS Illade, \\hlch record includes the testlmon) and C\ldence upon which the appcal,s to be based he CRA sha!1 furn,sh appropriate auxll,ary aids and services \vhere neces,ary to afford an ,ndlvidual \vith a d,sabl!ity an equal 0[1pol1unity to participate in and enjoy the benefits of a service, [1rogralll. or activ,ty conducted by the CRA Please contact Douglas Hutchinson at 561-737-3256 at least t\vent)-foul hours rrior to the plOgralll or actiVit) In ol-der for the eRA to reasonably accollllllodate you I reque',! XIII. Other Items Any person \\ ho decides [0 appeal any decision of the Community Rede\eloplllel1t f30ald \\ ,th ,espect 10 Jny matter consldned at this Illeetmg will l1eed a record of the proceedings al1d fell" such PUI"pose Illay need to ensure that a verbatim record of the proceedings IS made, v,hich record Includes the testllllony and evidence upon \\hich the appeal IS to be based 1e CRA shall furnish appropriate auxiliary aids and sen ,ces \\here necessary to afford an Illdlvidllal \.I!th a disability an equal opponunity 10 parllcipate 1,1 and el1Joy the benefits of a service, program, or ilctlvilY conducted by the eRA Please contact Douglas Hutchinson at 561-737-3:256 alleast t\\ellly-four hours prim to the progl"alTl 01 act,viry 111 order for Ihc CRA to rCilsonabl\ accommodate YOUI' request. XIV. Future Agenda Items A. Workshop Meetings to be held on the following dates: 1. Thursday, 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. Thrusday. October 20th, 2005 at 6:30 p.m. at Holiday Inn Catalina · Consideration of Feasibility of Attraction Complex. 4. Thursday. 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 recor.d of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. he CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disabilit) 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 accolllmodate your request. xv. 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 Any person who decides to appeal any decision of the Comlllunity 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 \\hich the appeal is to be based, ,"he CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal oPPol1unity to pal1icipate in and enjoy the benefits of a service, progralll, 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. XVI. Adjournment. Any person who decides to appeal any decision of the Community Redevelopment Board II ith 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 oCthe proceedings is made, which record includes the testimony and evidence upon \\hich the appeal is to be based, .he eRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program. or activity conducted by the CRA. Please contact Douglas Hutchinson at 56]-737-3256 at least twenty-four hours prior to the program or activity in order Cor the CRA to reasonably accommodate your request. COMMUNITY REDEVELOPMENT AGENCY - ROLL CALL VOTES Chair Heavilin Alexander DeMarco Marie Horenburger Don Fenton Steve M ott Jim Barretta Henderson Tillman Chair Heavilin Henderson Tillman Marie Horenburger Don Fenton Steve M ott Jim Barretta Alexander DeMarco NO YES s:\cc\wp\minutes\cra\roll call sheets.doc YES NO YES NO YES NO YES NO MEMO Date: August 22, 2005 To: CRA Board From: Douglas C. Hutchinson Subject: Budget 2005-2006 Please find three Budget forecasts attached. These depict three scenarios: Yellow - Minor adjustments to Staff Workshop Budget as directed by the Board at the meeting. __ Major adjustments taking out all new Grant Funding and no new bond issue as directed by request. ~ Staff proposed compromise Budget removing all new Grant Sources but proposing new Bond Issue. The following notes explain changes in each of the three Budget Forecasts. Revenues: Yellow - Grant for Marina Acquisition reduced from $1,000,000 to $750,000 to more conservatively estimate Grant Funding. Slight increase in interest income based on new investment programs by staff. .. - Removed all new Bond proceeds. Removed all Grants. Decrease investment income due to smaller revenue balances. Operating: All forecasts adjust Personnel for one additional position for Secretary/Receptionist starting at mid pay scale of $26,000. _ - Reduce professional services by $25,000 to $125,000. Susan's shares R\Budget\CRA Budget for 2005-2006\Budget Revision Memo 8_22_05.doc Programs: All Forecasts have Arches Incentives set-aside of $2,000,000. Yellow and _ Forecasts were adjusted for Police contract to reflect new officers and equipment coming on line mid year in the 2005-2006 Budget as per conversation with the department. Police line item amount $425,000. .. - Eliminates; Police, Trolley, WI-FI, all Grant Programs (Except Direct Incentives for the Arches). Projects: All forecasts adjust the amount of purchases in the HOB by the CRA between now and October 1st to $1,250,000. Yellow - Funding for 4th Street construction of $750,000, and Design/Construction of Boynton Beach Boulevard between Federal and 1- 95 of $1,500,000 are added to the new Bond Issue. Affordable Access Funds are reduced to $3,750,000. .. - HOB Acquisition by cash is increased from $ 0 to $900,000. All new Bond Issue projects are eliminated. All non-Bond projects except $15,000 for miscellaneous projects are eliminated. _ - 4th Street Design/Construction $975,000, Boynton Beach Boulevard (Federal to 1-95) Design/Construction $1,500,000, SeacrestlMLK 30% Designs $500,000 are added to the new bond. Affordable access is adjusted to $3,025,000 in the new Bond. The Old High School project Funding is decreased from $700,000 to $550,000 to better match realistic cash flow requirements. 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IN ig: I _j ~i '''':1 lea , ~ (0 ~ ~ .------+-- ~ ~; - -j---~-- !.;;;rl ~'--- '0 '.... ..; co ' ~I ....' N '00 !c:: v ~ 0> rn Ll) Ll) Lei ~ 'Y7: Y7 ; =:1=-- Ll) o N N a:, cri o .n o III c: o n Q) "0' c: ell '0 Q) .~ (ij (O.f: _LL OLl) (00 Q).q. 0>0 ~~ o N .n o o N .E Q) 0> '0 ::l c:l ~ 9 Q) 0> '0 ::l g:l C:: ~ .... .... ri It) "" ..; ~ fiY7 I ~ 1 ~I'~ I li~ ii) .... en ri I~ !I .... "':' C"') N ~ , Y71Y7 ~ -:- , ~-I , ,~ ~ City of Boynton Beach Community Redevelopment Agency 2005-2006 Budget 08/15/2005 Please find attached the Staff's proposed CRA Budget modeling for October 1, 2005 to September 30,2006, The following notes highlight all major items within the budget in an attempt to provide insight as to their origination and future destination, All budgeted items may be considered individually or as a group for discussion. The 2004/2005 Adjusted Budget reflects approved CRA Board and Budget Adjustment items for roll over to the 2005/2006 Budget Year. FUNDS AVAILABLE Projected Beginning Balance for 2005/2006 $ 8,945,327 REVENUES TIF Revenue: The CRA Revenue for this budget is based upon the tax appraiser's office projected certified 2005 tax roll values, Each taxing entity that contributed to the Boynton Beach CRA is listed separately, Note that the CRA receives 95% of the increment taxes from each. 2005 Base Certified Year Tax Rolls Increment Commercial (1983) $ 25,024,468 $140,189,718 $ 115,165,250 Commercial- Expanded (1989) $ 14,610,759 $ 31,352,269 $ 16,741,510 Residential - Expanded (1999) $252,270,942 $657,294,450 $ 405,023,508 Total $291,906,169 $828,836,437 $ 536,930,268 Millage Increment x Amount Rate Millage Received - 95% TIF Calculations: Palm Beach County 0.0045 $ 2,416,186 $ 2.295,377 City of Boynton Beach General Fund 0.0075 $ 4,026.977 $ 3,825,628 Total $ 6,121,005 Total eRA TIF Revenue: $6,000,000 1 Bond Proceeds Bond Issue #2 $ 11,110,940 The CRA Staff is proposing to issue a par amount of $11,110,940.45 in 20-year bonds for the financing of the HOB and Affordable Access CRA Projects and Programs. The Projects and Programs include concepts for finishing land acquisition for Phase I MLK Redevelopment, Project Incentives for Unit Cost Buy Downs and mixed use efforts and re-zoning issues for HOB plan execution. The cost of the issuance of the Bonds, Underwriter Costs, Bond Insurance Premium and the Deposit Reserve Fund will be deducted from the par amount for a net amount of $10,000,000. Bond Issue Details The affordable access issue is a country wide concern and in Florida, considerable attention has been and will continue to be given to CRA's to address this issue. CRA's may be made to set aside a portion of our TIF for affordability by the State Legislature in the near future. The concept of a CRA commitment to affordable access is well founded and should be a priority for our CRA. One of the main goals is for the CRA to eliminate slum and blight. Quality affordable housing and small business development are major parts of sustainable redevelopment of the HOB area. The CRA has surplus bonding capacity of +/- $12,000,000 according to our Financial Consultant, RBC Dain Rauscher: Julie Turner and our Bond Consultant, Mark Raymond. Staff is proposing +/-11,000,000 in bonds to net $10,000,000 for use in the HOB area. The annual debt service for this bond is $850,000 or 14% of this year's $6,000,000 TIF and the proposed bond raises our total debt service to $2,628,546 or 44% of this year's TIF. The bond debt load capacity is figured on last year's TIF of +/- $3,800,000. Therefore, with this year's TIF income levels the debt is less than 45% of our income. The CRA has ample payment protection. Staff proposes to ask the City for endorsement to lower Bond interest costs. Total Debt Revenue $11,110,940 2 Grant Funding Trolley - Federal and MPO Grant funding in support of the two CRA Trolley Routes (Existing). $155,000 $155.000 Total Grant Funding $155,000 Interest Income on Reserves: Interest the CRA receives from investing reserve and surplus funds. Total Interest Income on Reserves (all accounts): $ 350,000 Other Income Trolley: Marketing Income Advertising/Sponsorship -This represents the trolley income goal from trolley systems advertising. This forecast is 50% of the trolley study projection, however staff feels it is more feasible. Total Other Income: $ 95.000 $ 95,000 Recapture of TIF Loan Principle: The Arches will repay the principle on the proposed Incentive Loan as it comes due. This repayment does not impact the Budget until after project C.O. and it appears on the tax roll certification in 2006/2007 or later. Total Recapture of TIF Loan Principle 2005/2006: $ 0 TIF Loan Interest: Interest paid by the Arches on the proposed TIF Loan figured at 2%. This repayment does not impact the Budget until after project C.O. and it appears on the tax roll certification in 2006/2007 or later. Total TIF Loan Interest 2005/2006: $ 0 TOTAL REVENUES: $ 17.710.940 $26,656,268 TOTAL FUNDS AVAILABLE FOR 2005/2006 3 OPERATING EXPENSES Personnel Costs This budget category includes nine positions, Executive Director, Administrative Assistant, Assistant Director, Planning Director, Controller, Bookkeeper, Receptionist/Secretary, Events Coordinator and Marketing/PR Coordinator. The Personnel spreadsheet includes detailed salary, taxes, worker's compensation, health insurance, life insurance and retirement for all positions. The Executive Director salary remains the same as 2004/2005. Retirement Adjustments Retirement rates are calculated at 5% of gross payroll; however, retirement has a one year employment requirement for eligibility. It is anticipated that the Retirement Plan will be modified to accommodate differed compensation contributions by the CRA. Insurance Adjustments Due to the fact that Health Insurance rates are different for each individual employee based on age and sex, Staff has calculated the rate per person at the highest rate not by the individual in the position at this time. Workers' Compensation rates are locked at the policy start date for a period of four years. Staff does not anticipate an increase in rates for 2007 -2009 at this time. Life Insurance is term life insurance, which is locked in for 10 years at the time the policy is written. HR Salary Adjustments HR adjustments are forecasted at $60,000 which will address recommendations from the HR consultant study. These adjustments are anticipated in salary ranges, benefits packages and retirement programs. Total Personnel Costs: $ 649,237 4 PERSONNEL 2004-2005 Employers Workers SIT SEP Annual FICAlMED Comp Health Life LIT IRA Salary 7.65% $ 38.00 Insurance Insurance Disability 5% 04-05 Director $ 96,305.00 $ 6,976.42 $ 456.00 $ 5,963.00 $ 606.96 $ 881.00 $ 4,815.25 $ 116,003.63 Assistant Director $ 17,634.61 $ 1,349.05 $ 304.00 $ 1,574.30 $ 252.40 $ 331.14 $ 21,445.50 Planning Director $ 32,307.66 $ 2,471.54 $ 304.00 $ 2,484.55 $ 83.40 $ 282.36 $ $ 37,933.51 Controller $ 53,133.83 $ 4,064.74 $ 456.00 $ 5,963.00 $170.16 $ 430.00 $ 2,656.69 $ 66,874.42 Events $ 44,290.00 $ 3,388.19 $ 456.00 $ 5,963.00 $ 83.40 $ 445.00 $ 2,214.50 $ 56,840.09 Bookkeeper $ 35,000.00 $ 2,677.50 $ 456.00 $ 5,963.00 $170.16 $ 430.00 $ 44,696.66 Administrative Ass!. $ 27,045.60 $ 2,068.99 $ 456.00 $ 5,963.00 $ 83.40 $ 282.00 $ 1,352.28 $ 37,251.27 Total $ 305,716.70 $ 22,996.42 $ 2,888.00 $ 33,873.85 $1,449.88 $ 3,081.50 $ 11,038.72 $ 381,045.07 PERSONNEL 2005-2006 Employers SIT SEP Annual FICAlMED Workers Health Life UT IRA Salary 7.65% Comp Insurance Insurance Disability 5% 05-06 Director $ 96,305.00 $ 6,976.42 $ 456.00 $ 6,559.30 $ 606.96 $ 969.10 $ 4,815.25 $ 116,688.03 Assistant Director $ 65,500.00 $ 5,010.75 $ 456.00 $ 6,559.30 $ 352.40 $969.10 $ 3,275.00 $ 82,122.55 Planning Director $ 60,000.00 $ 4,590.00 $ 456.00 $ 6,559.30 $170.16 $ 473.00 $ 3,000.00 $ 75,248.46 Controller $ 50,000.00 $ 3,825.00 $ 456.00 $ 6,559.30 $170.16 $ 473.00 $ 2,500.00 $ 63,983.46 Events $ 45,000.00 $ 3,442.50 $ 456.00 $ 6,559.30 $ 83.40 $ 489.50 $ 2,250.00 $ 58,280.70 Marketing $ 40,000.00 $ 3,060.00 $ 456.00 $ 6,559.30 $170.16 $ 473.00 $ 2,000.00 $ 52,718.46 BOOkkeeper $ 40,000.00 $ 3,060.00 $ 456.00 $ 6,559.30 $170.16 $ 473.00 $ 2,000.00 $ 52,718.46 Administrative Ass!. $ 38,500.00 $ 2,945.25 $ 456.00 $ 6,559.30 $ 83.40 $ 310.20 $ 1,925.00 $ 50,779.15 Receptionist $ 26,000.00 $ 1,989.00 $ 456.00 $ 6,559.30 $ 83.40 $ 310.20 $ 1,300.00 $ 36,697.90 'otal $ 461,305.00 $ 34,898.92 $ 4,104.00 $ 59,033.70 $ 1,890.20 $ 4,940.10 $ 23,065.25 $ 589,237.17 Professional Services: Legal: The CRA is budgeting $120,000 for 2005-2006 Legal Services based upon the average of $10,000 per month. Total Legal Services: $ 120,000 Lobbyist: Staff is recommending a joint venture partnership with the City of Boynton Beach for State and Federal lobbying, which is becoming increasing important to the CRA and our activities. Additionally, if we join with the City of Boynton Beach, the CRA gets greater input. The CRA faced direct legislative issues this past year and expect an aggressive session in 2005/2006. Forecasts of potential legislation from last year could have impacted the CRA by over $5,000,000. At the Federal level, the CRA has several grant requests active at this time. The lobbyist proved effective in 2004/2005 and staff sees an increasing need to partner with the City for Lobbyist services. Total Lobbyist Services: $ 20,000 5 City Staff: The CRA has retained the services of the City Clerks Office for recording the minutes. The budget of $7,500 was based upon the average of $625 per month. Total City Staff: $ 7,500 Contracted Services: The CRA will retain contracted service for projects specified in the 2004-2005 budget and projected projects. The CRA Staff will need consulting help for comp plan filing. Staff is recommending a $115,000 budget for additional future projects to be determined. Total New Projects 2005/2006 $ 115,000 Contracted Services CRA Pro.ects Current and Proposed Contract Expected to Bill 04-05 Budget 05-06 RMPK Design Guidelines $ 40,000 $0 RMPK Master Plan $ 35,000 $0 Expenses for RMPK $ 5,000 $0 Jonathan Ricketts $ 145,800 $0 RBC Dain $ 10,000 $ 10,000 HVS Hotel $ 30,000 $0 Market Demand $ 24,500 $0 HR $ 5175 i..Q Total $ 295,475 $ 10,000 Current Contracts Rollover for 2005-2006 New Contracts 2005-2006 Total Contracted Services $ 10,000 $ 115.000 $ 125,000 Audit: The CRA has entered into a contract with an outside CPA firm in 2003 and will carry forward for a period of three years with an extension of two years available. The base fee is projected at $5,900 for 2005/2006 with an extension for 2006/2007. Staff is also proposing to leave $1,600 in the event that extra services are needed for year one and two as needed. Total Audit Services: $ 7,500 IT Support: The City's IT Department will provide for support, service and maintenance for our computer hardware, software and internet as per the approved 2003 contract. The budget for 2004-2005 contains: City of Boynton Beach IT support Accounting Software License Fees / Support Miscellaneous Needs Total IT Support: $ 20,000 $ 3,000 $ 2.000 $ 25.000 6 Total Professional Services $ 305,000 Office: Rent: The CRA is proposing to continue to lease the existing spaces for the 2004-2005 budget year. CRA Executive Offices Rent 103 $1,600.00 x 12 x 1.10% = $21,120 Office #107 will be more heavily used by the CRA, therefore the Rent is moved from all Police use back to the CRA Rent. Offices will be constructed for the Planning Department in 107. Rent #107 $1,200.00 x 12= A/C Storage room offsite $ 170 x 12 (10' x 15') Total Rent $ 14,400 $ 2.040 $ 37,560 Maintenance and Cleaning: The category of Maintenance and Cleaning will include cleaning of the CRA offices, repair and maintenance of the equipment and offices. The maintenance and cleaning was calculated at: Cleaning of offices $165 per month x 12 $ 1,980 Repair on Equipment Printer $400 per quarter $ 1,600 Equipment per year $ 250 Repair on Office Space $ 270 Total Maintenance & Cleaning: $ 4,100 Office Leasehold Improvements: Due to the increased activity and staffing in 2004/2005 the CRA will need to make minor improvements to 107 and 103. Staff is anticipating a minimal cost. Leasehold improvements for the existing offices such as office partition walls. 2005/2006 Budget Amount is for items not in the 2004/2005 improvements. Total Office Leasehold Improvements: $ 1,500 Phone: (2) Cell phones $111.00 x 12= T-1 line $241.50 x 12= Office Phones $355.84 x 12 = Total Phone: Electric: Office #103 Year 1 Electric $180.00 x 12 Office #107 Year 1 Electric $120.00 x 12 7 $ 1 ,332 $ 2,898 $ 4,270 $ 8,500 $ 2,160 $ 1 .440 Total Electric: Total Office: $ 3,600 $ 52,260 Equipment Leases: The CRA is leasing the copier and the postage machine. The contract on the copier is a three-year contract and the postage machine is a year-to- year contract. Copier $521.00 per month - three year lease ends 10/05 Copier Overage $14.00 per month Postage $41.00 per month - one year lease Subtotal Total Equipment Leases: $ 6,252 $ 168 $ 492 $ 6.912 $ 7,000 Insurance: The CRA's General Liability Insurance coverage provides coverage of all employees. The property insurance covers the contents within the CRA office. The CRA also carries a Surety Bond and Professional Insurance for the CRA and employees. Property Insurance (with Old High School) Surety Bond Professional Staff is forecasting a reserve fund for insurance premium increases of $1,500. Total Insurance: $ $ $ 17,500 200 4,000 $ $ 1,500 23,200 Travel/Entertainment Expenses: Promotional/Business Meetings: The CRA attends business meetings with Developers, Community Groups and Professional Organizations to promote the work of the CRA and the betterment of the City of Boynton Beach. Total Promotional/Business Meetings: $ 9,500 CRA Meeting/Events: Staff is projecting several CRA Board Workshops and Events throughout the 2005-2006 year. These events include the CRA/City Commission workshop meetings, large project concept workshops and shows featuring multiple projects. This line item includes CRA support of events with dinner table purchases for non-profit events. Total CRA Meetings/Events: $ 10,000 Association Meetings & Seminars: Annual Conference for Florida Redevelopment Association to be held in St. Petersburg (8 people with 4 cars driving) It is proposed that the CRA attend the Annual Florida Redevelopment Association Conference scheduled October 2005 in St. Petersburg, Florida. Staff and Board Members will attend the 8 conference in order to increase and update their knowledge of redevelopment and emerging issues and trends in Florida. Conference Registration ($275 x 8) 3 Meals per day ($41 x 3 days x 8) Mileage (400 x $.31 x 4 cars) Hotel ($149 x 8 rooms x 3 days) Total $ 2,200 $ 984 $ 496 $ 3,576 $ 7,256 Florida Redevelopment Association Regional Board Rep. 8 meetings per year (1 person) Meals ($40 x 8) $ 328 Tolls ($6.00 x 8) $ 48 Hotel ($125 x 2) $ 250 $ 626 Urban and Land Institute (ULI) Staff is proposing attending 1 National (2 persons attending) and 4 Regional (4 people attending) ULI Conferences and one additional seminar for educational development. 2-Urban Land Institute National (2 persons) Conference Registration ($470 x 2) Hotel ($150 x 3 days x 2) Meals ($41 x 3 days x 2) Air Fare ($600 x 2) Total $ 940 $ 900 $ 246 $ 1 .200 $ 3,286 4-Urban Land Institute Regional (4 people @ 2 times a year) Conference Registration ($190 x 2 x 4) Mileage (150 x $.31 x 2 cars x 2) Meals ($41 x 4 people x 4 days) Total $ 1 ,520 $ 186 $ 656 $ 2,362 Florida Chapter of the American Planning Association Conference - St. Petersburg (1 person) September Registration $ 260 Hotel $ 250 Transportation $ 300 Meals ($41 x 4) $ 164 Total $ 974 American Planning Association National Planning Conference - San Antonio (1 person) April Registration Hotel ($1 X 4 X 1) Flight Car $ 300 $ 425 $ 380 $ 115 9 Meals ($41 X 5 X 1) Total $ 60 $ 1 ,280 Florida Government Finance Officer's Association - Annual Conference (1 person) Registration $ 260 Meals ($41 x 5) $ 185 Miles (100 x $ .31 x 5 days) $ 155 Total $ 600 International Downtown Association (8 people) Registration ($675 x 8) Hotel ($165 x 8) x 4 Days Flight ($350 x 8) Meals ($41 x 8) x 4 Days Parking & Misc. x 8 Total $ 5,400 $ 5,280 $ 2,800 $1,312 $ 300 $ 15,092 Staff is allotting $564.00 for Association meetings, which would be used for various luncheons such as; Chamber of Commerce and FGFOA luncheons, etc. Total Association Meetings & Seminars: .$ 564 $ 32,040 Mileage & Delivery Services: Mileage & delivery services include Federal Express, UPS and the US Post Office for package to and from the CRA. Total Mileage & Delivery Services: $ 2,500 Car Allowance Director and Assistant Director: The Director and Assistant Director are allotted a car allowance of $3,820 x 2 or $7,640 per year. We are factoring in a 3% increase for inflation. Total Car Allowance Director and Assistant Director: $ 7.640 Total Travel/Entertainment Expenses: $ 61,680 10 Office Equipment & Supplies Office Equipment/Furniture: Lobby Furniture Office #107 Accounting Software License Total Equipment / Furniture $ 2,500 $ 1 .550 $ 4,050 Office Expenses: The CRA Board supplies, office drinks, paper products and cleaning supplies are accounted for under Office Expense. Total Office Expenses: $ 1,500 Office Supplies: The CRA office supplies are pens, copy & printer paper, disk, ink and general office products. The average office expense is projected at $1,667 per month. Total Office Supplies: $ 20.000 Total Office Equipment & Supplies: $ 25,550 License, Books, Publication & Memberships: Licenses, Fees, Permits: The CRA will incur expenses for licenses, fees or permits which are not project related. Total Licenses, Fees, Permits: $ 1,250 Memberships & Publications: The CRA is a member for Several Associations which provide information, networking and project allowances. The CRA uses several publications in general every day operations, for grant sources, business incubator ideas and trends for redevelopment within CRA Areas. Mem bershi p/Subscri ptions: Memberships Chamber of Commerce Florida Redevelopment Association Urban Land Institute International Downtown Association National Association of the Advancement of Colored People (NAACP) Palm Beach Convention & Visitors Bureau Florida Government Finance Officers Assn. Government Finance Officers Association Subscriptions Palm Beach Post Sun Sentinel The South Florida Business Journal $ 225 $ 595 $ 475 $ 800 $ 2,500 $ 750 $ 35 $ 170 $ 133 $ 168 $ 96 11 Downtown Idea Exchange Downtown Promotion Reporter Reserve Budget $ 185 $ 185 $ 1.683 $ 8,000 $ 8,000 $ 1,000 $ 1.000 $ 10,250 Total Membership/Subscriptions: Books & Publications: Reference Books, Information Sources, etc. Total Books & Publications: Total Licenses, Books, Publications & Memberships: Advertising - Public & Legal Notices: During the year, the CRA will need to advertise and place public and legal notices, which are not project related, for the general needs such as workshops, ordinances, etc. Total Advertising $ 7,500 Career Development: The CRA is proposing $3,000 for career development of the CRA Staff. FGFOA - School of Government Accounting (1 person) Registration $ 190 Meals ($41 x 5) $ 205 Miles (100 X $.31 x 5 days) $ 155 Total $ 550 Reserve To Be Announced $ 2.450 Total Career Development: $ 3,000 Office Printing: Office Printing Expense: CRA Office Printing includes envelopes, letterhead, business cards, printing for reproductions of maps, prints, large scale scanning, pictures of larger sizes or JPEGS format for the project books and CRA projects. Total Office Printing Expense: $ 4,500 Newsletter - Quarterly: Staff is proposing a quarterly newsletter, which will be produced by third party with printing and distribution in-house. Printing In-kind Sponsorship Layout In-kind Sponsorship Mailing In-kind Sponsorship Labeling In-kind Sponsorship Miscellaneous $ 1 .500 Total Newsletter: $ 1,500 Printing - Annual Reports, Brochures: 12 Staff is proposing the development of a set of brochures explaining CRA services, information on the redevelopment within the CRA area and an annual report for the public. These publications will be developed and printed by an outside source for a total of $7,500. Total Printing: $ 7.500 Total Office Printing: $ 13,500 $ 2,500 Total Miscellaneous Expense: Debt Service: The CRA has a loan with Bank of America. The starting balance as of October 1,2004 is $2,315,073.12 at a 6.56% interest rate. Total Debt Service: $ 317,298 Bond Payments: Bond #1 Payments The CRA has issued $19 million in Tax Exempt Bonds. Bond #2 Payments The CRA Staff has proposed to issue $11 million in Affordable Access Bonds. Total Bond Payments $ 1,200,000 $ 850.000 $ 2,050,000 Bond #2 Issuance Cost The CRA has issued $11 million in Affordable Access Bonds at an issuance cost of $ Total Bond #2 Issuance Cost $ 261, 248 Total Debt Service $ 2.628,546 TOTAL OPERATING EXPENSES: $ 3,792,223 13 PROGRAMS Website Expansion: The CRA Web Site maintenance is budgeted at $ 650.00 per month to perform general updates, troubleshoot, etc. Additionally the Web Site is dynamic and the CRA adds several elements each year. The additional development cost is budgeted as $ 2,200. Total Web Site: $ 10,000 Police: Staff has established a monthly meeting between CRA Staff and the CRA Police Officers to cover issue briefings such as activities, traffic, events, enforcement issues, and public interface. In our conversations, it was brought to our attention that our officers are patrolling the CRA areas by themselves, which is not the recommended practice by the Boynton Beach Police Department. It is not hard to figure out that any type of meaningful law enforcement is difficult, if not impossible, with just one person on foot or bike. Waiting for back up negates any advantage we had to begin with. The Boynton Beach Police Department is recommending additional officers for 23 hours of coverage in the Heart of Boynton (HOB) and Central Business District (CBD), which would place two officers on patrol together. The CRA Staff is proposing two additional police patrol officers, one car, two bicycles and the proper equipment to outfit officers. The CRA Police Officers would then work more as a team and patrol both the HOB and CBD. It is also proposed that the senior member of the CRA Police Officers work as the Supervisor of our unit and be the liaison between the CRA and Boynton Beach Police Department. New officers and equipment forecasted to be on-line mid budget year in 2005/2006. 14 All Equipment and Bicycle Estimates include for 2 New Officers Per Quantity Unit Cost Total Cost Officer Equipment Shirts (5 white, 5 dark) 10 20 $ 35.00 $ 700.00 Uniforms Trousers 5 10 $ 55.00 $ 550.00 Shoes 2 4 $ 75.00 $ 300.00 Vest 1 2 $ 475.00 $ 950.00 5 yr. life Duty Belt (w/sidearm) 1 2 $ 790.00 $ 1,580.00 Taser 1 2 $ 790.00 $ 1,580.00 Taser Cartridges 10 20 $ 20.00 $ 400.00 Gas Mask 1 2 $ 240.00 $ 480.00 Portable Radio 1 2 $ 3,700.00 $ 7,400.00 10 yr. avg. life Computer (Laptop) 1 2 $ 2,500.00 $ 5,000.00 5 yr. avg. life Winter Jacket 1 2 $ 235.00 $ 470.00 Raincoat 1 2 $ 135.00 $ 270.00 Flashlight 1 2 $ 100.00 $ 200.00 Misc. Gear 1 2 $ 250.00 $ 500.00 Cell Phones 1 2 $ 40.00 $ 80.00 Cell Phone Yearly Contracts 1 2 $ 120.00 $ 240.00 Business Cards 1 2 $ 25.00 $ 50.00 $ 20,750.00 Vehicles Ford Crown Victoria*** n/a 1 $27,000.00 $ 27,000.00 3 yr. avg. life Patrol Vehicle Stop Sticks 1 $ 360.00 $ 360.00 Graphics 1 $ 275.00 $ 275.00 Gun Rack 1 $ 230.00 $ 230.00 Center Consol Box 1 $ 400.00 $ 400.00 Computer Communications 1 $ 3,000.00 $ 3,000.00 Car Radio 1 $ 3,800.00 $ 3,800.00 In-Car Camera 1 $ 5,500.00 $ 5,500.00 Transport Seat n/a 1 $ 300.00 $ 300.00 Installation charges 1 $ 1,500.00 $ 1,500.00 Car Jump Starter 1 $ 80.00 $ 80.00 Maintenance and fuel 1- year $ 4,500.00 $ 4,500.00 *** Reflects item owned by CRA $ 46,945.00 Patrol Bikes *** 1 2 $ 1,100.00 $ 2,200.00 Lighting Equipment 1 2 $ 300.00 $ 600.00 Bike Glasses 1 2 $ 75.00 $ 150.00 Safety Equipment Kit 1 2 $ 250.00 $ 500.00 Misc. Gear 1 2 $ 200.00 $ 400.00 Vehicle Bike Racks 1 1 $ 55.00 $ 55.00 Maintenance Agreement 1 2 Pkg. 1-yr. $ 1,400.00 Bike Uniforms 4 8 $ 250.00 $ 2,000.00 Bike Jackets 1 2 $ 175.00 $ 350.00 Total $ 7,655.00 *** Reflects item owned by CRA 15 Equipment for Existing 4 Officers Yearly Replacements Per Qty, Unit Cost Total Cost Officer Shirts (3 white, 2 dark) 5 20 $ 35.00 $ 700.00 Trousers/Shorts 4 16 $ 55.00 $ 880.00 Undershirts 6 24 $ 20.00 $ 480.00 Bike Shorts 3 12 $ 50.00 $ 600.00 Bike Gloves 4 16 $ 40.00 $ 640.00 Shoes 2 8 $ 75.00 $ 600.00 Misc. Gear 1 4 $ 300.00 $ 1,200.00 Business Cards 1 box 4 $ 25.00 $ 100.00 Community Education. Materials $ 1,500.00 Schooling $ 2,500.00 T aser Cartridges 10 40 $ 20.00 $ 800.00 Cell Phone Yearly Contract 1 4 $ 120.00 $ 480.00 $ 10,480.00 BikeNehicle Costs - Existing Bikes/Cars Vehicle maintenance & fuel Bike maintenance & repairs 2 $ 4,500.00 $ 500.00 $ 9,000.00 $ 2.000.00 $ 11,000.00 4 Total Equipment & Maintenance $ 96,830.00 Total Salary for 6 Officers for the 2005/2006 Budget Year $ 421.956.00 Total for 2005/2006 $ 518,786.00 Total Police Program Budget: (2 Officers and Equipment at mid year) $ 425,000 16 Tra nsportation/Trolley: Operations Staff is proposing to continue the Boynton Beach Trolley Program. The operators are on contract which can be modified and/or cancelled at any given time. Future years' contracts are not automatically approved or extended. The CRA trolley system helps move people around the Central Business District to avoid the congestion within high-density areas and to transport workers from the Heart of Boynton to jobs located on Congress Avenue as well as other areas of Boynton Beach. We are proposing to continue the contract for services of system operation. The system was put into service in the 2004/2005 Budget year. Budget year 2005/2006 will be the first year long test for the Trolley concept. Note that the CRA has secured Federal Grant money for the project and seeks to regain County funding for additional support. "Congress Avenue Trolley" and "Ocean Avenue Trolley" Base Routes $ 480,500 Special Projects $ 12,000 Total $ 492,500 Trolley Marketing - The CRA has engaged a Trolley System Marketing Specialists. The Trolley system and marketing has just begun, therefore the 2005/2006 Budget year is the first year to have the pilot system operate. $ 65,000 Trolley System - Smart Trolley Coupon System Hardware & Software for Trolley Marketing, Tracking, and Wi-Fi Tie-In. This is a one time cost. $ 85.000 Total Trolley Programs $ 642,500 WI-FI Programs The first pilot program for Wireless Internet Access will be fully operational for evaluation in the 2005/2006 budget year. The 350 acre coverage area will support new development in the CBD as well as the HOB core area. The WI-FI Project is operated by the City's IT Department for the CRA. Total WI-FI Program $ 44,000 CRA Grant Programs Existing Owner Assembly & Redevelopment Incentive Grant: The "Existing Owner Assembly & Redevelopment Incentive Grant Program" provides a reimbursable matching grant up to $15,000 to encourage the self-assembly of adjacent properties for redevelopment. The grant program will be available to owners who plan to cooperatively assemble properties for redevelop within 12 months of completion of the grant activity work. The aggregate area of commitment will be a minimum of 1.5 acres assembled for projects up to the MU-L zoning and 2.0 acres for projects proposed 17 as MU-H zoning. The minimum number of different grants applicants (properties) will be three. This grant can be used for survey, initial site planning, appraisals, legal and/or feasibility studies and other similar services for the assembled property areas. All participating property owners are sub applicants to the grant. Each sub-applicant must be listed in the grant application with the estimated costs for each of the requested activities. All costs associated as being part of an overall master assembly will be identified. Total Existing Owner Assembly & Redevelopment Incentive Grant: $ 50,000 Single Family Owner Occupied Residential Fa~ade Improvements Grant: The "Single Family Owner Occupied Residential Facade Improvements Grant Program" provides a reimbursable matching grant up to $15,000 to encourage Residential Property Owners to upgrade heir properties by improving the external appearance of their homes. The result will halt deterioration stabilize property values, improve and upgrade appearance of the area, and facilitate and encourage redevelopment activity in the target area. The grant can be used for such elements as Facade Reconstruction and/or Architectural Improvement; Painting, Shutters, Awning/canopies, Doors/Windows, Landscaping around the Home, Irrigation, Exterior Lighting, and Exterior Wall Repairs. Each applicant must be the owner and reside in the property. Total Single Family Owner Occupied Residential Fa~ade Improvement Grant: $ 75,000 Commercial Fa~ade Grants: This Grant Program is the CRA's most used program. Historically the CRA and the community receive a 4 to 1 return on grants awarded. New Grants Roll Over Grants Total Commercial Fa~ade Grants $ 55,000 $ 35.000 $ 75,000 18 Economic Business Grant Match: The CRA has assumed the County's Development Regions Grant Program for the Boynton Beach CRA Area. This is a matching grant program for business development and job creation in conjunction with the Palm Beach County Economic Development Department. Generally, the match is 1/3 Applicant, 1/3 CRA and 1/3 County. The CRA has set aside funding in the Economic Business Grant Match. New Grants Roll Over Grants Total Economic Business Grants $ 75,000 $ 25.000 $ 100,000 Direct Incentives Loan (Arches): The Direct Incentive Loan is a upfront Funding on the Direct Incentive for the Arches Project. This one time loan received approval by the CRA Board in November 2003. Developer action is projected to move this liability into the 2005/2006 Budget. This triggers a $ 2,000,000 incentive set aside. Total Direct Incentives Loan (Arches): $ 2,000,000 Direct Incentives: The Direct Incentive Program is the CRA's primary development incentive program that is in support of the best of the best projects. Direct Incentives are generally paid after the project has appeared on the tax assessor's tax rolls. The budget line item projection reflects the maximum potential incentive per project; therefore, incentive cost may be less if scoring does not meet full impacts. Total Direct Incentives: $ 0 Total CRA Grant Programs $ 2,300,000 Festivals / Events I Business Programs / Marketing: The CRA is proposing three events, which include Holiday Carnival, Heritage Festival and a Downtown Traffic Generator - "Downtown Discovery". Heritage Fest continued CRA support will result in bringing people to the redevelopment area, and improving and managing perception of the area. As with all events within the CRA boundaries, they strive to attract economic reinvestment. In order to achieve this goal, events are placed in the heart of the CRA activity area, for example, the MLK area. The CRA will focus on an event on MLK at the center of the Redevelopment area. Heritage Fest 2006 Celebration Night Entertainment DJ/MC Hospitality VIP Tent $ 20,000 $ 300 $ 2,350 19 Airline Tickets Ground Transportation Light & Sound Port-O-Lets Total $ 750 $ 500 $ 850 $ 250 $ 25,000 The Boynton Beach Holiday Carnival This holiday themed carnival celebrates Boynton Beach and the neighboring cities. Boynton Beach Holiday Carnival $ 25,000 Downtown Discovery Program is proposed to be a monthly event. The proposed plan calls for seven events on a monthly basis. The goal of the event is to increase economic impact in the downtown on a more consistent basis and give residents and visitors more opportunities to visit and patronize the businesses in the downtown area. $ 14,650 State-of-the-CRA & Recognition Event Staff is proposing the creation of an annual event "State-of-the- CRA" & Recognition Program for the 2005-2006 budget year. This program updates the public on the development, programs and projects of the CRA as well as recognition for a job well done in the following categories; Fa9ade Improvement Project, Best New Project, Business of the Year, Sponsor of the Year, Non-Profit group of the Year, Volunteer of the Year, Board Member Service Award. Attendance projected at 200. Revenue Ticket sales (150 @ $45) ($ 50 comp) Total Revenue $ 6,750 Expenses Entertainment Speaker Catering ($25.00 per person) Promotions, invitations, etc Award Plaques (9 @ $50) Award Photos and Framing Mailings Total Expenses Total "State of the CRA" (Net) $ 500 $ 3,000 $ 5 ,000 $ 500 $ 500 $ 1 ,500 $ 100 J 9,600 $ 2,850 20 Business Programs: The Business Genesis Program was approved in 2004/2005. Program activities and funding for 2005/2006 will be for First Year Graduate Programs and a new round of "Freshman" participants. Business Genesis Program Budget: Monthly Meetings 12 @ $100.00 Marketing/Promotion Mentor Expenses Intern(s) Office Expenses, Miscellaneous, Postage Total Business Programs $ 1 ,200 $ 5,000 $ 5,000 $ 20,000 $ 2,000 $ 31,200 "Community Development Forum" The Community Development Forum is a Boynton Beach CRA event with the aim of promoting and supporting economic development in Boynton Beach. The forum will achieve this goal by inviting developers and exhibitors to network with local business owners who wish to expand, relocate or open a business in Boynton Beach. $ 7,500 Holiday & Events Street Decor: The CRA has several banner areas on main streets in the CRA area. Staff is recommending $10,000 for Holiday Decorations in cooperation with the City of Boynton Beach and $5,000 for event banners. Total Holiday & Events Street: $ 15,000 Marketing/Promotions: Public Relations Photographic Services Appreciation Certificates (20 per event) Promotions Supply (Paper 5 packs) Mailings Promotional Materials (shirts/caps) Framing (5@ $ 50) Total Total Festivals / Events / Business Programs / Marketing: TOTAL PROGRAMS: 21 $ 750 $ 100 $ 100 $ 200 $ 2,400 $ 250 $ 3.800 $ 125.000 $3,546,500 PROJECTS Way-Finding Signage Program - (On hold for new DOT signage regulations to be released.) $ - 0- Regulations 2006/2007 HOB Land Assembly Project- (See Bond Issue #2.) $ - 0- Bond Issue #1/ Boynton Beach Boulevard Extension/Promenade Project - Construction (Riverwalk on hold for future phase - Design Only) Total BBB Extension/Promenade Project $ 4,675,000 BBB Extension Construction Management $ 180,000 This is the construction management contract with Jonathan Ricketts for the projects in Bond Issue #1. Park Land acquisition (Hall property completed in 04/05) $ - 0- $ - 0- $ - 0- Marina Purchase (completed in 04/05) Mangrove Purchase (completed in 04/05) Marina Village Parking Garage: The CRA Board approved the Marina Village garage expansion to provide 70 spaces in the Marina District. The project will be completed in 2005- 2006. Total Marina Parking Garage: Total Bond Issue # 1 $ 300,000 $5,155,000 Bond Issue # 2 The proposed uses are still only concepts and can be directed as to Board priorities. The Bond usage concepts are as follows: · Property re-zoning for property located on the west side of Seacrest Blvd. from Boynton Beach Blvd to MLK. These are approximately 5 lots. $ 500,000 · Property acquisition for the Heart of Boynton plan Phase I and an Entry Blvd to the City's maintenance site (see map). These funds would be recaptured by the proposed Real Estate Trust in the form of finished unit titles in payment for the CRA site by the winning RFP Developer. $4,000,000 22 . Develop a proposed program for home ownership for work force qualified persons. Proposed 2nd & 3rd liens to qualified applicants for housing and business space buy downs. The program would secure purchase funds through liens to re-capture funds upon sale of the property. $2,525,000 It should be noted that these Bond funds would be in addition to our CRA Direct Incentive Program. Further, Developer Density Incentives are being drafted in an affordable housing ordinance. Staff feels that just anyone of the elements proposed can not address this massive issue, but when teamed should be a formidable generator of Affordable Access. . Street Scape Improvement Projects 4th Street Design/Build $225,000 + $750,000 = BBB - Federal to 1-95 - 30% Design/Build Martin Luther King Blvd 30% Design Seacrest 30% Design Subtotal $ 975,000 $1,500,000 $ 250,000 $ 250,000 $2.975.000 $10,000,000 Total Bond Issue #2 Non-Bond Issue Projects Town Square Project / High School Adaptive Reuse Phase I: The funding is in partnership with the City of Boynton Beach to implement an Old High School development Program. Total Town Square Project / High School Adaptive Reuse Phase I: $ 550,000 Trash System: This project is to acquire all place street trash receptacles which can be truck dumped in the HOB area. This is a test project to evaluate the trash receptacles and their effectiveness in eliminating street trash in test areas. $ 4,000 Savage Creatures Museum: This funding is to begin the next step towards potential establishment of the Savage Creature Museum concept in Boynton. Further work on permitting, design and project alliances will be addressed in 2005/2006. Total Savage Creatures Museum: $ 75,000 Miscellaneous Projects: This category shall be for any special need to be completed by the CRA. Total Miscellaneous Projects: Subtotal Non-Bond Projects projects that may occur, which $ 15.000 $ 644.000 TOTAL PROJECTS: $15,574,000 23 Boynton Beach CRA Staff Structure Concept With Specific Staff Assignments Executive Director - 1 . Board Directives . Project Development . Innovation of CRA Programs . Administration . Set Agenda . Planning . Incentive Programs 1. Creation 2. Oversight . Community Real Estate Trust . Grants Leadership . Neighborhood Assoc. & Community Interface . Accounting . Legal'nterface . Insurances 1. General Liability & Specialty 2. Health Assistant Director - 1 . Construction Interface I Utility Interface . Contract Management . Oversight . Finance . Marketing Director . MLK Acquisition . Trolley System . Police Programs . Agenda Preparation . Marina Management and Operations . Wi-Fi System Management . Compensation & Goal Plans for Employees . Employee Reviews of Positions under Asst. Director . Staff Training & Development . Board Training & Development . Annual Report Plan nino Director - 1 1. Update Briefing Book and Tracking New Projects . Design Guidelines . Unified Plan and Planning Updates . Land Development Regulations . Project Review with City . Owner I Developer Interface . Land Self-Assembly Program · Data Systems - Maps I Zoning I Census · In-House Project Design and Concepts . Way Finding Sign Programs · Architectural Digital Modeling Systems MarketinQ Coordinator - 1 . Press Releases . Web Site . Newsletter . Brochures, Flyers, Etc... . Business Development Program - Genesis . Survey Programs . Awards . Publications . Merchandise I Promotional Material . Travel I Seminar I Training Logistics Administrative Assistant - 1 . Special Projects Support . Office Supply Purchasing . Scheduling . Filing . Binding . Agenda Production Support Events & Festivals Specialists - 1 . Festivals . Special Events . Promotions Finance - 2 (Controller & Bookkeeper) . Accounting 1. Budget Preparation 2. Required Reporting Forms 3. Prepare for Audit & Compliance · Agenda Preparation 1. Posting I Scheduling 2. Packet Production 3. Distribution . Human Resources 1. Employee Benefits Administration 2. Payroll . Grants In and Out · Contract Administration Secretarv/Receptionist - 1 . Answer Phones . Greet Visitors . Support to Assistant Director and Staff · Newspaper clippings Total Staffina - 9 Page 43 of 45 Doug's Shares N:ICRA OS RetreatlBuilding The Visionl8uilding The Vision. Revised 8.8.0S.doc eRA Board of Commissioners "''''11 ReceptkmIat Page 44 of 45 Doug's Shares N:\CRA 05 Retreat\Building The Vision\Building The Vision - Revised 8.8.05.doc Page 1 of 1 Collins, Sue From: Monet, Nicole Sent: Monday, August 29,20054:00 PM To: Alexander Demarco; Don Fenton; Henderson Tillman; James Baretta; Jeanne Heavilin; Marie Horenburger; Steve Myott (smyott@quincyjohnson.com); ALAN KARJALAINEN (karjalainena@ci.boynton-beach.fl.us); Angela Budano (myob@bellsouth.net); Angela Girtman; Ann Constantine; Annie Deely-Carver; ARLEEN DENNISON (dennisona@ci.boynton-beach.fl.us); Barbara Lentz; Barbara Rodney; Barry Lazarus; Bert Oliver (bert@boliver-Iaw.com); Betty Wentz; Beverly Bell; Bob Ensler; Brittney Carpenter; Buck Bucannan (buck@tomorrowconnection.com); Carlene Jackson; Carlos Rosso (crosso@relatedgroup.com); Christiane Francois (crfrancois@aol.com); Clarance Ellington (ellington01@bellsouth.net); COURTNEY CAIN (cainc@ci.boynton-beach.fl.us); Cynthia Mann (MannC@ci.boynton-beach.fl.us); Daisy Hall; DAN DeCARLO (decarlod@ci.boynton-beach.fl.us); Darlesa Brown; David Zimet (davidz@heartofboynton.net); Dawn; Dawn Anderson; Dawn Anderson (dawnma@bellsouth.net); Dennis E. Haynes (bcistreetscapes@bellsouth.net); Derrick Powell; Diana H. Johnson (chamber@boyntonbeach.org); Diane Glafaglione; Dick Philpott; Donna L. Hey (dhey@fidelityfederal.com); Doris Jackson; Douglas G. Dennison (dougdennison@keyes.com); Eddie Michelle; Fred & Joe (fredjoes@bellsouth.net); Gary Fishman; Ginney Foot; Gladys Whigam (gwhigam@co.palm-beach.fl.us); Harvey Oyer; Ingrid Kennemer; Ingrid Anderson; Jane Jackson; Jerry Kerwin; Jim Hill; Joan Pinder; Joe Baldwin; Jose N. Aguila AlA Uose@curriearc.com); Joseph Good Ugood@lancorerealty.co); JOYCE COSTEllO (costelloj@ci.boynton-beach.fl.us); Julie Waresh (Waresh@pbpost.com); Ken Kaleel (kmkaleel@bellsouth.net); Kristen Conti (kristen@kristenconti.com); la Claire Bowdry; Leonard Albury; Lisa Miller; luke Therin; Lynn Simmons (Iynn@splashdowndivers.com); Maggie Wahls; Mary Morera; Merv McDonald (mmcdonald@lancorerealty.com); Michael Weiner (mweiner@zonelaw.com); Minister Clarence S. Ellington Jr. (ellingten@bellsouth.net); Nancy C. Graham (WPBMayor@aol.com); Nautica Sound; Pat Von Keil; Paul Nunnally; Randy Rau; Roger G. Saberson (ssroger@bellsouth.net); Samantha Simons (samantha@plus2communities.com); Sandra Watson; Savannah lakes Apts; sherri Seidman; Steve Scaggs; Sylvia Human; Tabitha Albury; Tammy Sandy; Teri; Us1 selfstorage; Venice Cobb; Victoria Costello; Virginia Farace (farace_v@popmail.firn.edu); VIRGINIA SHEA (sheav@ci.boynton-beach.fl.us); Vonsile Smith; Wendy Garnsey; Will Vash; William E Finley (picb@gate.net); JANET PRAINITO (prainitoj@ci.boynton-beach.fl.us); Ken Spillias; MARY RAMSEY (ramseym@ci. boynton-beach. fl. us) Cc: Bright, Lisa; Brooks, Vivian; Adelsperger, Margee; Reardon, Robert; Collins, Sue Subject: REVISED August 30th Agenda Hello All, Sorry for the confusion. Please make a note that the items for Tuesday, August 30th have been posted. However, the ordering of these items should be as laid out in the attached REVISED Agenda. Nicole Nicole Monet Boynton Beach CRA 639 E. Ocean Ave Suite 103 Boynton Beach, Fl 33435 Phone (561) 737-3256 Fax (561) 737-3258 www.boyntonbeachcra.org 8/29/2005 COMMUNITY REDEVELOPMENT AGENCY SPECIAL MEETING Commission Chambers Boynton Beach City Hall 6:30 P.M. PLANNING &. ZONING AGENDA ITEMS August 30,2005 Old Business A. R-O- W Widths in PUD Code Review 1. PROJECT: R-O-W Widths in PUDs (CDRV 05-014) AGENT: Staff-initiated CODE SECTION: Part III Land Development Regulation, Chapter 2.5 Planned Unit Development, Section 9.F DESCRIPTION: 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 ofless than 40 feet. New Business A. The Arches Land Use Plan Amendment/Rezonine: 1. PROJECT: Arches (LUAR 05-008) AGENT: Bonnie Miskel, Esq., Kim Glas-Castro, AICP Ruden McClosky OWNER: Boynton Ventures I, LLC LOCATION: Southeast corner of the intersection of Ocean Avenue and SE 4th Street DESCRIPTION: Request to amend the Comprehensive Plan Future Land Use Map from Mixed Use (MX) to Mixed Use Core (MX-C); and Request to rezone 0.58-acre of property from Central Business District (CBD) to Mixed Use-High Intensity (MU-H). Community Redevelopment Agency Board Special Meeting, August 30, 2005 Page 2 Arches LUAR 05-008) cont'd. Proposed Use: Abandonment - Street 1. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Abandonment - AlIev 2. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Addition to an approved mixed use development proposed to include a total of378 dwelling units and 38,599 sq. ft of commercial space. Arches (Street) (ABAN 05-004) Bonnie Miskel, Esq., Kim Glas-Castro, AICP, Ruden McClosky Boynton Ventures I, LLC Southeast comer of the intersection of Ocean Avenue and SE 4 th Street Request for abandonment of a forty (40) foot wide right-of- way known as Southeast 1 st Avenue between Federal Highway and Southeast 4th Street in connection with the proposed Arches development. Arches (Alley) (ABAN 05-005) Bonnie Miskel, Esq., Kim Glas-Castro, AICP Ruden McClosky Boynton Ventures I, LLC Southeast comer of the intersection of Ocean Avenue and SE 4th Street Request for abandonment of a portion of an alley (Southeast 1 st Place), located immediately east of SE 4th street, in connection with the proposed Arches development. Community Redevelopment Agency Board Special Meeting, August 30, 2005 Page 3 Abandoment - Sidewalk 3. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Arches (Sidewalk) (ABAN 05-006) Bonnie Miskel, Esq., Kim Glas-Castro, AICP Ruden McClosky Boynton Ventures I, LLC Southwest corner of Ocean Avenue and Federal Highway Request for abandonment of a portion of rights-of-way that abut the Arches at Boynton Beach along SE 2nd A venue, SE 4th Street, Ocean Avenue and Federal Highway and that are improved for public sidewalks. S:\Planning\SHARED\WP\AGENDAS\CRAB\CRA P&Z Agenda items Special Mtg 8-30-0S.doc