9/9 FRI 09:30 | Financing Public Waterfront Access - Jupiter


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Brenda Arnold
Mayor Karen Golonka
Emily O'Mahoney
Thomas Baird

Examine how Jupiter promotes public access and uses along the waterfront. See how public-private partnerships can create
places for public use. Discussion on how the Community Redevelopment Agency, Community Development Districts, zoning
regulations, grants, EB-5 financing and the Town's public land purchases are leveraged to create the vision along the Intracoastal Waterway and the Jupiter Inlet. The session will illustrate the financing and planning methods that were used, and provides real world experiences and guidance to maintaining public access
and uses, instead of strictly private waterfront developments.

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9/9 FRI 09:30 | Financing Public Waterfront Access - Jupiter

  1. 1. Financing Public Waterfront Access and Enjoyment: Jupiter, a case study FAPA Conference 2011
  2. 2. How would we feel if our“special places” were lost? FAPA Conference 2011
  3. 3. “Make No Small Plans”• Concerned with the potential loss of public access to the water, the Council, the Town decided to reject a plan for public access on one parcel and focus on the entire Intracoastal and Inlet. Aerial view of vacant lands along US1 FAPA Conference 2011
  4. 4. Goal: Provide physical andvisual access to the waterfront. Aerial view of vacant lands along US1FAPA Conference 2011
  5. 5. The Town implemented a series of public workshops andhired consultants to study the feasibility and develop acorridor map that would show the alignment and develop acost estimate of the improvements. Inlet Village Vision- “Funky Village” FAPA Conference 2011
  6. 6. Result:Riverwalk PlanFAPA Conference 2011
  7. 7. Riverwalk- phase 1 Phase 2 - Inlet VillageNew Development, Intracoastal “funky village”, small scale,access to nature infill FAPA Conference 2011
  8. 8. Linear Recreation Corridor with a Variety of Experiences:• Jupiter Ridge Natural Area • Entertainment District• Residential, mixed use • Inlet Village FAPA Conference 2011
  9. 9. How do we accomplish the goals.• Providing for the easement of a Riverwalk on private and public land.• Providing funding.• Creating the Comprehensive Plan polices and zoning regulations. FAPA Conference 2011
  10. 10. Create a working relationship withproperty owners and environmental agencies. FAPA Conference 2011
  11. 11. And You Want How Much??1998 RiverwalkEstimated Funding Needs…………….$26 millionEstimated Developer Commitment…………….$4.65 million (3 projects)Estimated Public Funding …………………$ 21.35 million (Town of Jupiter and other Public agencies) FAPA Conference 2011
  12. 12. Funding Challenges - Sources• Grants • CDD -Community Federal, State, Development District (i.e. rec., transp.) • Special assessments FIND- Florida Inland • Shared amenities with Navigation District • shared costs• Palm Beach County • EB-5 funding program• State Appropriation • Thru LDRs Request Incentives for amenities• CRA TIF (tax increment Incentives for RW ded. financing) Require RW easement• Land swaps FAPA Conference 2011
  13. 13. Implementing the plan FAPA Conference 2011
  14. 14. Strategic land purchases.Comerford (bridging the gap)First Union property in Entertainment District from FDOT exchangePiatt PlaceTown 2 acres in Inlet Village (parking)Inlet Village MarinaROWs (Lighthouse Promenade, Clemons, Love, that dead end into water)Future purchases that will help make area/redevelopment a reality FAPA Conference 2011
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  16. 16. Financing PublicWaterfront Access The Vision FAPA Conference 2011
  17. 17. Financing Public Waterfront Access• The Mayor’s vision of providing public access to Jupiter’s waterways and the Jupiter Inlet, based, in part, on Jupiter’s history as a fishing village.• This concept began in the mid 1990s close in time to the emphasis of visioning in the planning profession, and amendments to Chapter 163, the Growth Management Act.• Section 163.3167(11), Florida Statutes: Each local government is encouraged to articulate a vision of the future physical appearance and qualities of its community as a component of its comprehensive plan. FAPA Conference 2011
  18. 18. Incorporating the “Riverwalk” into the Comprehensive Plan:• The “Riverwalk” became the vehicle for the delivery of the vision of public access to Jupiter’s waterways.• The Riverwalk vision was then incorporated into the Town’s Comprehensive Plan in the form of Objectives (1.9 and 1.10) and Policies. FAPA Conference 2011
  19. 19. • The Policies provide that the Riverwalk Objectives and Policies which provide for public access would be implemented by LDRs to be applied to developing and re-developing properties. Among other things, the LDRs require property owners to provide:1. Vistas of the Intracoastal Waterway (ICW)2. Public open spaces & squares3. Waterfront orientation for development4. A publically accessible walkway along the ICW through a requirement to dedicate a 25 foot Easement. FAPA Conference 2011
  20. 20. Legal Issues• The requirement to dedicate open space, greens, vistas and particularly an easement by waterfront property owners was and still is the subject of some controversy.• To put this controversy into context, consider that immediately preceding the development of the Riverwalk Objectives, Policies and LDRs, the U.S. Supreme Court rendered its opinion in the “takings” case of Dolan v. City of Tigard. The facts in this case gave the Town reason to pause. FAPA Conference 2011
  21. 21. DOLAN• As a result of policies and LDRs adopted by the City of Tigard, a city approximately the same size as Jupiter at the time of this litigation, Mrs. Dolan was required to dedicate a portion of her property so that the City could create a bicycle/pedestrian pathway. This dedication was a condition of receiving a building permit to expand her business. The U.S. Supreme Court held that there was not a sufficient “nexus” between the City’s dedication requirements and the expansion of Mrs. Dolan’s plumbing and business.• As a result, the question posed to me was, “Can you defend the requirement for a Riverwalk?” FAPA Conference 2011
  22. 22. My Answer:GULP, Maybe!?! FAPA Conference 2011
  23. 23. • To avoid a takings claim, the Town set out to develop a nexus between the Riverwalk and the development or redevelopment of properties.• The Town sought to create a nexus by increasing the value of properties located along the Riverwalk corridor in exchange for the provision of opens space, vistas, and the dedication of an Easement.• An incentive program was developed, including development intensity and density bonuses.• Concerns for liability has led some property owners to dedicate the land in fee rather than to convey by easement.• Conveyance of the fee also provides a property owner with a modest tax savings. FAPA Conference 2011
  24. 24. Has it worked? Yes.More on that from the speakers who follow. FAPA Conference 2011
  25. 25. Creation of a Community Redevelopment Agency• The Town wanted a dedicated funding source to construct the Riverwalk and its amenities upon the properties being dedicated for the Riverwalk. FAPA Conference 2011
  26. 26. Creation of a Community Redevelopment Agency• A planning visionary, Sam Shannon, who was the Town’s Community Development Director at the time proposed the creation of a CRA.• Problem: Most people did not see Jupiter as a community that has a need for a CRA, particularly for the redevelopment of water front properties. FAPA Conference 2011
  27. 27. Finding Slum and Blight in Jupiter• In order to create a CRA, certain legislative findings must be made. In particular, there must be a finding and the Town Council had to declare that: FAPA Conference 2011
  28. 28. • A portion of Jupiter could be considered a “slum and blighted area which constituted a serious and growing menace”; that the existence of such area contributes …to the spread of disease and crime; constituted an economic and social liability imposing onerous burdens which decrease the tax base; substantially impairs or arrests sound growth; aggravates traffic problems, and substantially hampers the elimination of traffic hazards and the improvement of traffic facilities” FAPA Conference 2011
  29. 29. REALLY, IN JUPITER ?!?SERIOUSLY ?!? Along the waterways of Jupiter? FAPA Conference 2011
  30. 30. Undaunted, the Councildirected staff to proceed. FAPA Conference 2011
  31. 31. • The Council’s findings of necessity for the CRA concentrated on that portion of the definition of “blighted” which involved traffic problems.• It worked: The CRA was created and continues today as the funding source for Riverwalk. FAPA Conference 2011
  32. 32. Conclusion• As you will learn from the speakers who follow, the vision has been a long term project; a mosaic of properties woven together along a 2 ½ mile historical waterway corridor. FAPA Conference 2011
  33. 33. Brenda ArnoldCRA Program Manager FAPA Conference 2011
  34. 34. Riverwalk Funding Sources50% from Grants & Federal Appropriation: FL Inland Navigation District Federal DOT Enhancement FL Dept. Environmental Protection Federal Appropriation40% from Developer Contributions10% from CRA/Town of Jupiter FAPA Conference 2011
  35. 35. CRA Dollars Fund:- Riverwalk Construction on Existing Development- Riverwalk Construction on Delayed Development- Purchasing Key Properties- Acquisition & Construction of Public Gathering Spaces- Riverwalk Amenities * Riverwalk Events * Sponsors * Holiday Boat Parade - Taste of Tropics – Art Shows FAPA Conference 2011
  36. 36. Construction of Riverwalk on Existing Development •River Plaza •Best Western •Jupiter Ridge Natural Area FAPA Conference 2011
  37. 37. Construction of Riverwalk on Existing Development River Plaza Best Western Jupiter Ridge Natural Area FAPA Conference 2011
  38. 38. Construction of Riverwalk on Delayed Development • Water Pointe • Harbourside FAPA Conference 2011
  39. 39. Construction of Riverwalk on Delayed Development Harbourside Water Pointe FAPA Conference 2011
  40. 40. Purchasing Key Properties • First Union Bank Building • Piatt Place • Love Street Lot • Inlet Village Park FAPA Conference 2011
  41. 41. Purchasing Key Properties Inlet Village ParkFirst Union Bank Building Piatt Place Love Street Lot FAPA Conference 2011
  42. 42. Acquisition & Construction of Public Gathering Spaces Inlet Village Park Events PlazaLagoon Bridge FAPA Conference 2011
  43. 43. RiverwalkAmenities Riverwalk Amenities ParkingPublic Boat Slips Water Taxi Dock FAPA Conference 2011
  44. 44. Riverwalk Events FAPA Conference 2011
  45. 45. Jupiter’s long awaited REDEVELOPMENT project…. Allied Capital & Development FAPA Conference 2011
  46. 46. Public AccessPart of the RiverwalkPassive Recreational Uses Walking Running Biking FAPA Conference 2011
  47. 47. Indiantown Road BridgeUS-1 PROJECT SITE 8.96 ACRES FAPA Conference 2011
  48. 48. Overall Site & Program Breakdown Jupiter’s long awaited REDEVELOPMENT project…. USE FINAL 1. Restaurant Space 34,855 S.F. 2. Retail Space 55,256 S.F. 3. Office Space 58,791 S.F. 4. Hotel 178 Keys 5. Marina Slips 31 Slips total (22 Leased & 9 Public daily transient) 6. Ancillary Cultural Use 2,500 S.F. 2,500 S.F. Parking Garage Building 5 503 spaces Garage Building 3A 349 spaces Building 1 0 Surface 77 spaces 929 spaces FAPA Conference 2011
  49. 49. Overall Site & Program Breakdown Jupiter’s long awaited REDEVELOPMENT project…. Site Plan approved December 2008 Architectural Site Plan Approval December 2010 Site Acres 8.96 acres Riverwalk Length 920 l.f. FAR 0.63 FAR Land Use Commercial Zoning U.S. One/ Intracoastal Waterway Corridor Zoning District/ Waterway Commercial and entertainment subdistrict FAPA Conference 2011
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  58. 58. 1. Public Plaza Adjacent To Riverwalk 6 credits2. Public Restrooms 12 credits • Building 1 4 Stall Minimum 4 points • Building 3B 4 Stall Minimum 4 points • Building 5 4 Stall Minimum 4 points3. Fountain On The Riverwalk 4 credits4. Three Additional Vistas 12 credits5. Nine (9) Public Dock Spaces 18 credits6. Cultural Use – Amphitheater 2 credits7. Public Parking Spaces 23 credits (1/2 Credit per space – 46 spaces)8. Cultural Use (2,500 s.f.) 3 creditsTotal Points Earned 80 pts. FAPA Conference 2011
  59. 59. Bonus Credits 4 3 6 4 1 87 7 5 2 4 4 2 FAPA Conference 2011 4
  60. 60. Main Entertainment Plaza (Looking Southeast) FAPA Conference 2011
  61. 61. Building 3B Current Northeast Corner (Looking Southwest) FAPA Conference 2011
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  63. 63. EB-5 ProgramEach year, the U.S. government reserves 3,000 green cards for foreigninvestors who invest in designated regional centers through the EB-5 VisaProgram. These initiatives enjoy full government support as they stimulatethe economy, generate at least ten jobs per investment, and promotecommunity development while providing direct access to green cards forforeign investors and their families.The Florida Regional Center has received full approval as a designatedregional center by the United States Citizenship and Immigration Services(USCIS), this highly-anticipated initiative has been garnering great interestworldwide for the wealth of development opportunities in the prime paradiseof Florida. The Florida Regional Center FAPA Conference 2011
  64. 64. Immigration & Investment Process OverviewFlorida Regional Center FAPA Conference 2011
  65. 65. Immigration & Investment Process Overview FAPA Conference 2011
  66. 66. Immigration & Investment Process Overview FAPA Conference 2011
  67. 67. Estimated Funding Schedule Town Council 10.19.10 Harbourside Place The Florida Regional Center 29-Sep-10 May-11 Aug-11 May-12 Sep-10 Nov-10 Sep-11 Nov-11 Dec-10 Mar-11 Dec-11 Mar-12 Feb-11 Jun-11 Feb-12 Jun-12 Jan-11 Apr-11 Jan-12 Apr-12 Oct-10 Oct-11 Jul-11Proposed Funding Schedule ####Florida RC Approved Sept 14th, 2010Begin Marketing Harbourside InvestmentKorean Immigration ExpoChina - multiple citiesNumber of Investors Per/Month 5 8 10 10 15 15 15 15 15 15 15 15 15 12 180 180Funds Avail by Mnth following 90 day process 2.5M 4M 5M 5M 7.5M 7.5M 7.5M 7.5M 7.5M 7.5M 7.5M 7.5M 7.5M 6M 90MOwners Equity Currently Invested $11.2MFirst Phase of Investor funding $25 MProof of Financing, payment of $150,000.00 DepClose on TOJ First Union property $2.5MSecond Phase of Investor Funding $30MThird Phase of Investor Funding $30MCDD Bond Proceeds Available $22MFinal Investor Funding $ 5MBank Finnacing $21MFIND Grant Funding $1.685MTotal Funding $145.8MProposed Construction ScheduleMobilizationLand ClearingSeawall IntallationRiverwalk InstallationTown Dock InstallationUnderground UtilitiesBuildings 1 & 2 StartBuildings 1 & 2 CompletionAmpitheatre and Fountain InstallationBuildings 3 & 5 StartBuoldings 3 & 5 CompletionPaving, Landscaping.Building 4 StartBuilding 4 Completion Funding Schedule FAPA Conference 2011
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  69. 69. Investors from the following countries China Mexico Russia Norway India Vietnam Australia Funding Schedule FAPA Conference 2011
  70. 70. • Pictures of construction• Talk about find grant and loan to developerLooking North FAPA Conference 2011
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  73. 73. ConclusionQuestions and answers FAPA Conference 2011
  74. 74. Questions? FAPA Conference 2011