Agenda 10-15-02The City of
Boynton Beach
100 E. Boynt. on Beach Boulevard · (561) 742-6000
City Commission
AGENDA
OCTOBER 15, 2002
Gerald Broening
Mayor
At Large
Ronald Weiland
Vice Mayor
District I
Mack McCray
Commissioner
District II
~istrict III ~ D~ ~TR~ T~
Commissioner
District IV
DISTRI' :T
Ku~ Bressner
City Manager ~ / I
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GENERAL RULES & PROCEDURES FOR PUBI.TC PARTZCZPAT~ON AT
CTrY OF BOYNTON BEACH COMMZSSZON MEET/NGS
THE AGENDA:
There is an official agenda' for every meeting of the City Commissioners, which determines the order of
business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or
item of business, which is Mot listed upon the official agenda, unless a majority of the Commission has first
consented to the presentation for consideration and action.
· Consent Agenda Ztems: These are items which the Commission does not need to discuss individually
and which are voted on as a group.
· Regular Agenda Ztems,' These are items which the Commission will discuss individually in the order
listed on the agenda.
· Voice Vote; A voice vote by the Commission indicates approval of the agenda item. This can be by either
a regular voice vote with "Ayes & Nays" or by a roll call vote.
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CITY OF BO YNTON BEA CH
REGULAR C1-FY COMMISSION MEETING
AGENDA
October 15, 2002 6:30 P.M.
OPENZNGS:
A. Call to Order - Mayor Gerald Broening
B. Invocation - Rev. Anthony Reed, St. Paul AME Church
C. Pledge of Allegiance to the Flag led by Boy Scout Troop 395
D. ZF YOU WZSH TO ADDRESS THE COMMZSSZON:
· FZLL OUT THE APPROPR.T. ATE REQUEST FORM
· GZVE Z'l' TO THE cTrY CLERK (ON THE DAZS) BEFORE THE "OPENZNGS"
PORT.rON OF THE AGENDA HAS BEEN COMPLETED
· COME TO THE PODZUM WHEN THE MAYOR CALLS YOUR NAME
I'NDZVZDUALS MAY SPEAK FOR THREE UN'rNTERRUPTED MZNUTES.
E. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
PUBLTC AUDTENCE:
'rNDZVZDUAL SPEAKERS W?LL BE LZMZTED TO 3-MZNUTE PRESENTATZONS
'rTZ. OTHER:
A. Informational Items by Members of the City Commission
1~/. ADMZNZSTRAI'WE:
A. Appointments to be made:
Appointment Length of Term
To Be Made Board Expiration Date
II McCray Children & Youth Advisory Bd Stu/Reg/Voting i yr term to 4/03
III Ferguson Children & Youth Advisory Bd Stu/Reg/NonVoting 1 yr term to 4/03
Agenda
Regular City Commission Meeting
Boynton Beach, Florida
October 15, 2002
I Weiland Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/03 Tabled (3)
I Weiland Education Advisory Board Stu 1 yr term to 4/03
II McCray Education Advisory Board Stu 1 yr term to 4/03
III Ferguson Library Board Alt I yr term to 4/03 Tabled (2)
IV Fisher Library Board Reg 3 yr term to 4/03 Tabled (2)
IV Fisher Nuisance Abatement Board Alt 1 yr term to 4/03
V. ANNOUNCEMENTS & PRESENTAT/ONS:
A. Announcements:
None
B. Presentations:
1. Proclamations:
None
V~. PUBLXC HEAR/NG: 6:30 P,M, OR AS SOON THEREAFTER AS THE AGENDA PERNTrS
A. Project: The Harbors (LUAR 02-005)
Agent: Jennifer Morton, Land Design South
Owner: Schgai, Inc.
Location: 2300 North Federal Highway
Description: Request to amend the Comprehensive Plan Future Land
Use Map from Local Retail Commercial (LRC) to Special
High Density Residential (SHDR); and
Request to rezone from Community Commercial (C-3) to
Infili Planned Unit Development (IPUD)
Proposed Use: Development of 51 fee-simple townhouses
B. Project: Merano Bay (LUAR 02-006)
Agent: Carlos Bailbe, Woodside Land Development Corp.
Owner: Autozone, Inc.
Location: Southeast corner of Shore Drive and North Federal
Highway
Description:
(Land use element port/on has been withdrawn)
Request to rezone from Community Commercial (C-3) to
]:nfill Planned Unit Development (]:PUD)
2
Agenda
Regular City Commission Meeting
Boynton Beach, Florida
October 15, 2002
C. Project: Victoria's Closet (COUS 02-004)
Ageni: Thomas McCormack
Owner: 3602 NFHB, LLC
Location: 3602 North Federal Highway
Description: Request Conditional Use Approval for a 34,484 square foot
self storage facility in a C-3 zoning district
D. Amending the (~uantum Park DRZ/Master Plan to change the permitted use
on lot 89B from "Office ]:ndustrial" (01:) to "Mixed Use" (MU); Lot 3 from
"Tndustrial" (]:ND) to "Office ]:ndustrial" (OT); and Lot 34-C from "Reserved" to
"Open Space/Detention" (Proposed Ordinance No. 02-054)
VTT. CONSENT AGENDA:
Matters in this section of the Agenda are proposed and recommended by the City Manager for
"Consent Agenda" approval of the action indicated in each item, with all of the accompanying
material to become a part of the Public Record and subject to staff comments.
A. Minutes:
1. Agenda Preview Conference of September 30, 2002
2. Regular City Commission Meeting of October 1, 2002
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2001-2002 Adopted Budget
1. Award the Request for Proposal to Partners Plus, ]:nc. for the Three-Year
Lease for Concession Operations at Boynton Beach Municipal Beach,
Oceanfront Park, RFP #077-2710-02/KR - AND - approve the terms of the
lease agreement (Proposed Resolution No. R02-173)
2. Award the bid for "CO-OP E]:GHTEEN MONTH GASOLINE AND D]:ESEL
FUEL," Bid #005-1411-03/CJD, to various vendors as indicated on the
attached table with an annual expenditure of $560,500
3. Award Annual Maintenance Agreement to Professional Golf Car for the
maintenance of 97 golf cars -90 fleet cars, 6 player assistant cars, 1 bag
car (Proposed Resolution No, R02-174)
C. Resolutions:
1. Proposed Resolution No. R02-175 Re: Approving Fire
Rescue Training agreement between City of Boynton Beach and Bethesda
Memorial Hospital
3
Agenda
Regular City Commission Meeting
Boynton Beach, Florida
October 15, 2002
2. Proposed Resolution No. R02-176 Re: Authorizing a project
agreement for the Florida Recreation Development Assistance Program
(FRDAP) grant known as the Wilson Park Expansion Project
3. Proposed Resolution No. R02-177 Re: Setting up a Flexible
Spending Account (FSA) program to be administered by AFLAC, a
provider to the City of four other employee benefit programs
4. Proposed Resolution No. RO2-178 Re: Releasing cash bond
of $550 to William Thies 8, Sons, Tnc. for the project known as William
Thies & Sons, Inc.
D. Ratification of Planning & Development Board Action:
1. (~uantum Park and Village Lot 89B (SBt4P 02-003), North of
Gateway Boulevard, East of High Ridge Road - Request for Master Site
Plan Approval with waivers for 39 fee-simple townhouse units on 3.99
acres in the Quantum Park DR];
2. New Alliance Haitian Church (NWSP 01-008), Hoadley Road (east
side, south end) - Request for site plan approval for a one-story (240
seat) church on a 1.9-acre parcel (Tabled
E. Ratification of CRA Action:
1. The Harbors (NWSP 02-012), 2300 North Federal Highway - Request
to construct 51 fee-simple townhouse units on 3.21 acres - This request
for site plan approval will be contingent upon the approval of the
concurrent land use amendment/rezoning application (LUAR 02-005)
2. t4erano Bay (NWSP 02-014), Southeast corner of Shore Drive and
North Federal Highway - Request to construct 20 fee-simple townhome
units on a 1.75-acre parcel (Site Plan Approval)
3. Gateway Texaco (ADAP 02-001), 2360 North Federal Highway -
Request for appeal of administrative determination that proposed
improvement of gas station is an unlawful expansion of legal, non-
conforming use
F. Approve expenditure of $40,000 from the CTP to match funding from the Palm
Beach County School Board and other sources for the construction of a state-of-
the-art running track at the Boynton Beach High School
G. Accept the written report to Commission of purchases over $10,000 for the
month of September 2002 for informational purposes
4
Agenda
Regular City Commission Meeting
Boynton Beach, Florida
October 15, 2002
o
H. Approve the Motor Replacement on City Hall Complex Chiller #2 as proposed by
South Florida Trane Service, Option #3, for $48.800 - Emergency Repair
VIII. crrY MANAGER'S REPORT:
None
IX. FUTURE AGENDA TI'EMS:
A. Consideration of CRA recommendation for eminent domain for Boynton Beach
Promenade property (Hall Parcels) (November 6, 2002)
B. Proposed release of approximately 18 acres of property south of Hypoluxo Road
and east of Seacrest Boulevard to the Town of Lantana, subject to resolution
from the Town of Lantana regarding property west of Seacrest Boulevard and
south of Hypoluxo Road (November 6, 2002)
C. FRA Whistle Ban - Report (3anuary 2003) - Delayed due to Federal Railway
Administration Delay in Rulemaking
D. Ordinance on first reading rescinding LDR Chapter 2, Zoning, Section 11.3.
Environmental Review and associated references to Environmental Review Permit
or the Environmental Review Committee (TBA)
X. DEVELOPMENT PLANS:
None
XL NEW BUSINESS:
None
XII. LEGAL:
A. Ordinances - 2nd Reading - PUBLIC HEARING
1. Proposed Ordinance No. 02-052 Re: Amending the Land
Use Element of the Comprehensive Plan for 1.43 acres of land from Low
Density Residential to Public & Private Governmental/Institutional
(Bethesda Hospital Physician Parking)
2. Proposed Ordinance No. 02-O53 Re: RezonJng a 1.43-acre
parcel from R-l-AA (Single Family Residential) to PU (Public Usage)
(Bethesda Memorial Hospital Physician Parking)
Agenda
Regular City Commission Meeting
Boynton Beach, Florida
October 15, 2002
B. Ordinances - 1~ Reading
None'
C. Resolutions:
1. Proposed Resolution No. R02-179 Authorization to acquire
property for the expansion of the Wilson Center and Park area from
Lawton Happ; and to waive the statutory obligation of obtaining an
appraisal, pursuant to :[66.045, Florida Statutes
D. Other:
1. Authorization for the City Attorney to seek injunction of a business
operating without an occupational license - Barcelona
XIII. UNFINISHED BUSINESS:
None
X~V. AD3OURNMENT:
NOTICE
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MA'ITER CONSIDERED AT THIS
MEE'rING~ HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND~ FOR SUCH PURPOSE~ HE/SHE MAY NEED TO ENSURE THAT A VERBATIM
RECORD OF THE PROCEEDING IS MADE~ WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
(F.S. 286.0105)
THE CITY SHAM. FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDMDUAL Wl'l'H A DISABILITY AN
EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE~, PROGRAM~, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE
CONTACT ]OYCE COSTELLO, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAH OR ACTIVITY IN ORDER FOR THE
CITY TO REASONABLY ACCOMMODATE YOUR REQUE~'r.
bg FINAL AGENDA 10/15/2002 12:05 PM
S:\CC~WP\CCAGENDA~AGENDAS\Year 2002\101502 final agenda.dOC
6
VI.-PUBLIC HEARING
ITEM A..
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
[] August 6, 2002 July 17, 2002 (5:00 p.m.) [] October 1, 2002 September 16, 2002 (Noon)
[] August 20, 2002 August 5, 2002 (Noon) [] October 15, 2002 September 30, 2002 (Noon)
[] September 3, 2002 August 19, 2002 (Noon) [] November 6, 2002 October 14, 2002 (Noon)
[] September 17, 2002 September 3, 2002 (8:00 a.m.) [] November 19, 2002 November 5, 2002 (Nogn39~'
[] Administrative [] Development Plans
NATURE OF [] Consent Agenda [] New Business
AGENDA ITEM [] Public Hearing [] Legal -.
[] Bids [] Unfinished Business
[] Announcement [] Presentation
[] City Manager's Report
RECOMMENDATION: Please place this request on the October 15, 2002 City Commission Agenda under
Pt~blic Hearing. The Community Redevelopment Agency Board with a unanimous vote, recommended that the subject
request be approved. For further details pertaining to the request, see attached Department of Development Memorandum
No. PZ 02-162.
EXPLANATION:
PROJECT: THE HARBORS (LUAR 02-005)
AGENT: Jennifer Morton of Land Design South
OWNER: Schgal, Inc.
LOCATION: 2300 North Federal Highway
DESCRIPTION: Request to amend the Comprehensive Plan Future Land Use Map from Local Retail
Commercial (LRC) to Special High Density Residential (SHDR); and
Request to rezone from Community Commercial (C-3) to Infill Planned Unit
Development (IPUD).
Proposed use: development of 51 fee-simple townhouses.
PROGRAM IMPACT: N/A
FISCAL IMPACT:Es~{~, N/A ~/~
ALTERNATIV ~~l~~
Develo~t D~partment DireCtor City Manager's Signature
Planning and Zoning ~ctor City Attorney ! Finance / Human Resources
S:XPlanningXSHARED\WP~ROJECTS\The Harbors\LUAR 02-005'~Agenda Item Request The Harbors LUAR 02-005 10-15-02.dot
S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING & ZON-ING DIVISION
MEMORANDUM NO. PZ 02-162
REVISED
TO: Chairman and Members
Community Redevelopment Agency Board
FROM: Michael W. Rumpf
Director of Planning and Zoning
DATE: October 3, 2002
PROJECT DESCRIPTION
Project/Applicant: The Harbors/Centex Homes
Agent: Jennifer Morton of Land Design South
Owner: SCHGAI, Inc.
Location: 2300 N. Federal Highway (Caf6 La Notre)
File No: Land Use Amendment/Rezoning (LUAR 02-005)
Property Description: Developed property consisting of +3.21 acres, classified Local Retail
Commercial (LRC) and zoned C-3 Community Commercial
Proposed change/use: To reclassify the subject property from Local Retail Commercial (LRC)
to Special High Density Residential (SHD-20 du/ac), and rezone from C-
3 Community Commercial to Infill Planned Unit Development (IPUD) in
order to redevelop with 51 fee-simple townhouses.
Adjacent Land Uses and Zoning:
North: To the northeast, developed (Las Palmas) single family homes classified Low Density
Residential (LDR - 4.84 du/ac) and zoned R-1 -AA Single Family Residential and to
the northwest, developed commercial land (gas station) classified Local Retail
Commercial ~LRC) and zoned C-3 Community Commercial.
South: Vacant land, currently being developed as the City's Intracoastal Park, designated
Recreational (R) and zoned REC Recreation.
East: Intracoastal Waterway
West: Rights-of-way of Federal Highway and the Florida East Coast Railroad, then
developed commercial property classified Local Retail Commercial (LRC) and zoned
C-2 Neighborhood Commercial.
Page 2
File Number: LUAR 02-005
The Harbors
PROJECT ANALYSIS
Chapter 163, Florida Statutes requires that in order for an amendment to the Future Land Use
Map to qualify as a "small-scale" amendment, the property must be less than 10 acres in size. If
the amendment involves a residential land use, the density must be 10 dwelling units or less per
acre. An exception to the density limitation is permitted if the property is in an area designated in
the comprehensive plan for urban infill, urban redevelopment or downtown revitalization.
Even though the requested density for the site is greater than 10 duJac, the parcel is less than 10
acres in size, is located within the expanded Community Redevelopment Area, and would be
considered an urban redevelopment project. The subject property contains _+3.21 acres, and
therefore qualifies 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 eight criteria used to review Comprehensive Plan amendments and rezonings are listed in
Article 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 land use amendment/rezoning would be consistent with
applicable comprehensive plan policies including but not limited to, a prohibition
against any increase in dwelling unit density exceeding 50 in the hurricane
evacuation zone without written approval of the Palm Beach County Emergency
Planning Division and the City's risk manager. The planning department shall also
recommend limitations or requirements, which would have to be imposed on
subsequent development of the property, in order to comply with policies contained
in the comprehensive plan.
The property in question does lie east of Federal Highway, and therefore is in the hurricane
evacuation zone for a Category 1 (Saffir/Simpson Scale) humcane. Under its present land use
designation and zoning category, the property could be redeveloped for residential use at a
density of 10.8 dwelling units/acre for a total of 34 units. The applicant has amended the original
request to an increase of 17 units and therefore falls below the density requiring risk management
review; however, staff would recommend that the developer apprise each homebuyer in the
development of the fact that they are buying property in a hurricane evacuation zone and provide
a mechanism to disseminate continuing information to residents concerning hurricane evacuation
and shelters through a homeowners' or residents' association.
Policy 1.19.1 of the Land Use Element provides a definition of the Special High Density
Residential land use classification, limits the use of the designation to the Coastal Area of the city
and states that the maximum gross density is twenty (20) dwelling units per acre.
Policy 1.13.3 states,
"The City shall continue to encourage infill development and redevelopment by
implementing actions of the Boynton Beach 20/20 Redevelopment Master Plan, and the
policies contained in the Coastal Management Element."
The adoption of the Infill Planned Unit Development ri?LID) regulations was a direct response to
the cited policy directions as well as policy directions in the Federal Highway Corridor
Community Redevelopment Plan. The introduction to the regulations states:
Page 3
File Number: LUAR 02-005
The Harbors
"It is a basic public expectation that landowners requesting the use of the IPUD
district will develop design standards that exceed the standards of the basic
development standards in terms of site design, building architecture and
construction materials, amenities and landscape design. The extent of variance
or exception to basic design standards, including but not limited to requirements
for parla'ng spaces, parkYng lot and circulation design, and setbacks, will be
dependent on how well the above stated planning expectations are expressed in
the proposed development plan."
While both the land use amendment and rezoning are consistent with policies contained in the
Future Land Use Element of the Comprehensive Plan, the master/site plan for the proposed
development, which must be adopted simultaneously with the zoning designation, lacks minimum
design attributes necessary for consistency with the cited requirements of the IPUD regulations.
These are cited below:
1. Failure to consider the loeational advantages of the site. While the site has
constraints because of its narrow width and extreme depth, it has Intracoastal
Waterway frontage and overlooks the site of the City's new Intracoastal Park.
In the revised site plan (Exhibit B), the units facing the Intracoastal Waterway
form a wall that almost totally cuts off visual access of both the waterway and
the recreation site for any residents of the other units. The six-units fronting
on Las Palmas have front entrances facing unadorned six-foot high walls. The
second floor balconies provided on these units have views of the gas station
and carwash across Las Palmas. The removal of one of the four-unit buildings
has allowed the "paseos" or front entrance areas of the remaining 10 four-unit
buildings to be increased from 25 feet to 32 and 33 feet. Unfortunately, this
increase in width is not sufficient to allow the use of shade trees to vary the
landscape materials; however, the use of more mature planting materials could
create a better environment. The rear windows of these units now look out
across 29 feet of driveway to the rear windows of adjacent buildings.
2. Architecture. The applicant has justified the number of units on the site as
being necessary because of the price of the property, yet the proposed plans
provide very mundane units that are more suited for a traditional downtown
setting of small blocks divided by alleys. It is important to encourage a range
of housing opportunities throughout the City; however, in this location,
quality would be preferable to quantity. Each of the buildings between the
Intracoastal Waterway and Federal Highway is lined up and spaced almost
equidistance apart. The additions of"bump outs" on the ends of the buildings
will add some interest and relieve some of the plainness of the structures.
Granted, there is no established architectural "character" in the area; however,
elements of a Spanish Mediterranean style have been successfully used on the
new Manatee Bay project and the past renovations to the Benvenuto's
Restaurant, as well as the townhouse project to be reviewed later on this
agenda. This same style could be used here to provide a development that
Page 4
File Number: LUAR 02-005
The Harbors
would be a signal for the gateway area. Nothing distinguishes this project or
causes it to stand out in the memory.
3. Lack of residents' amenities. The proposed plan provides no private outdoor
space for residents. The only amenities provided are a pool and "tiki"
bar/cabana located adjacent to the boat docking areas at the Intracoastal.
There is no mention of how, or even whether, the docks will be available for
residents' use or how they will access this facility if it is to be used by them.
If it is not to be a part of the development, there is no indication of ho~v non-
resident users will be provided with landside access. The pool area is
approximately 900 feet from the units on the west end of the property. The
applicant proposes a four-foot wide sidewalk leading through the development
to allow pedestrian access to the facility. No benches, shade trees or other
pedestrian amenities are proposed. Five of the 12 guest parking spaces are
earmarked for the recreation area, though no spaces are designated for
handicap use. The closest parking is 190 feet from the pool edge; the farthest
is 360 feet away. The remaining guest parking spaces will provide only a
little more than one guest space for each ten units.
4. Landscaping. The proposed landscape plan provides little more than the
minimum required of any development. Along the south and a portion of the
north property lines, an existing five-foot high ficus hedge will soften the
appearance of the enclosing wall for the homeowners. In areas where a new
wall is to be built, the only softening elements will be outside the wail. In the
driveway areas between buildings, the only softening element is a single
Geiger tree between each pair of garage doors. The paseos fare somewhat
better, however, the plantings cannot be called "lush". The "Site Data" table
included with the site plan shows a pervious area of 29%. (The standards for
Mixed Use-Low Intensity require a 30% minimum pervious area with a
density of 40 du/ac.) This is an improvement over the existing site
development; however, the property is currently a night club/restaurant and
ancillary parking lot, not a residential neighborhood.
b. Whether the ~roposed 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.
In this portion of the Federal Highway Corridor, there are a number of properties designated High
Density Residential, interspersed with city owned lands designated for Recreational use. The
requested amendment would not create an isolated or unrelated district. Rather, it is the existing
Local Retail Commercial designation extending to the Intracoastal Waterway that forms an
isolated and unrelated district.
c. Whether changed or changing conditions make the proposed land use
amendment/rezoning desirable.
Page 5
File Number: LUAR 02-005
The Harbors
A number of changed and changing conditions make the proposed land use amendment and
rezoning desirable. The Federal Highway Corridor Community Redevelopment Plan, adopted by
the City Commission on May 15, 2001, included the following strategy to provide a strong
residential base that is aesthetically inviting:
"Encourage a variety of housing. Develop intensity standards that allow for a variety of
housing styles and types at intensities that will assist in supporting the downtown and
general economic expansion."
In response to this strategy, the city adopted amendments to the land development regulations,
adding the Infill Planned Unit Development ([PUD) zoning district to allow a greater range of
housing types to be developed on infill parcels, specifically along Federal Highway in the
entrance districts. Residential densities for the [PUD zoning district can range from 10.8 du/ac to
20 du/ac. The two entrance districts are defined by the redevelopment plan as the areas of the
Federal Highway corridor fi-om the north city limits to the Boynton (C-16) Canal, and fi-om
Woolbright Road to the south city limits.
The [PUD zoning district regulations are relatively flexible in order to encourage developer
creativity, including townhouse developments on small infill and redevelopment parcels. In
addition, the South Florida housing market is experiencing a growing popularity of townhouse
developments as a residential unit of choice, particularly in urban areas. It is difficult, however,
to accept this master/site plan as proposed, which exploits the leniency of the [PUD regulations as
one of the first, and most visible projects in the northern "gateway" to the City.
d. Whether the proposed use would be compatible with utility systems, roadways, and
other public facilities.
Comparisons of water and sewer demands, provided by the applicant have not been revised to
reflect the amended site plan. The original calculations show that the proposed use of the property
will potentially increase water demands by slightly more than 2,000 gallons per day, yet decrease
wastewater usage by over 11,000 gallons per day (see Attachment "B"). The traffic generation
statement, that accompanied the application, states that the vested uses on the site generate 1,815
daily trips, while the proposed use equates to 378 trips per day. With respect to solid waste, the
Solid Waste Authority has stated in a letter dated December 18, 2001, that adequate capacity exists
to accommodate the county's municipalities throughout the 10-year planning period. Lastly,
drainage will be reviewed in detail as part of the review of the site plan, and must satisfy all
requirements of the city_and local drainage permitting authorities.
e. Whether the proposed land use amendment/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 proposed land use amendment/rezoning is compatible with the current and future use of
adjacent properties. It is the existing use of the property and the array of commercial uses that
could be placed on the site if it were redeveloped under the Local Retail Commercial designation,
that create incompatibilities.
f Whether the property is physically and economically developable under the existing
zoning.
Page 6
File Number: LUAR~02-005
The Harbors
The property was developed as a restaurant many years ago, and recently applied for a
conditional use permit to operate as a nightclub. It could be redeveloped with a variety of
commercial uses permitted under the existing Local Retail Commercial land use and Community
Commercial C-3 zoning.
g. Whether the proposed land use amendment/rezoning is of a scale which is
reasonably related to the needs of the neighborhood and the city as a whole.
With proper development, the site could be an example of the type of redevelopment and infill
project that will help to underpin the redevelopment efforts in the Federal Highway Corridor and
also increase the variety of types and styles of housing to support general economic expansion.
h. Whether there are adequate sites elsewhere in the city for the proposed use, in
districts where such use is already allowed.
There are very few residentially designated sites in the City that provide opportunities for small to
medium-sized infill developments.
CONCLUSIONS/RECOMMENDATIONS
As indicated herein, the requested land use amendment and rezoning are consistent with the intent
of the Comprehensive 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. However, the proposed project
remains with design deficiencies and falls short of meeting the intent of the new zoning
regulations. The proposed master/site plan provides less than the basic amenities, mediocre
building architecture, minimal landscaping and seeks only to crowd the site with more dwelling
units than the site planner is capable of placing on the site in a reasonable design. Therefore, staff
recommends that this request be approved, subject to the project enhancements as described in
this staff analysis. Such enhancements should include, but are not limited to the following:
1. Integrate architectural elements to enhance the overall character of the development;
2. Change the orientation of the easternmost building to increase the visual and physical
access to the recreation area;
3. Improve the aesthetic quality of the paseos and provide amenities that the project lacks;
4. Enhance the wall surrounding the project and provide additional landscaping to enhance
the views and areas opposite less aesthetic adjacent uses, and improved the quality of
interior living areas;
5. Provide additional parldng spaces to prevent congestion and decline in the project
quality.
A complete list of specific comments for the site plan, which, on adoption, will become the
master plan for the IPUD, are attached as Exhibit "C".
Staff acknowledges that the narrow shape of the site poses limitations, but notes that the site
attributes outweigh the negatives. The proposed project is limited to one unit type, which may
not be the best choice to compensate for site limitations and capitalize on its attributes, which
Page 7
File Number: LUAR 02-005
The Harbors
may only be fully utilized with greater flexibility in unit type and the addition of architectural,
landscape, and other enhancements. Should the Community Redevelopment Agency Board and
the City Commission recommend or adopt additional conditions of approval, said conditions will
be included as Exhibit "C".
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EXHIBIT "C"
Conditions of Approval
Project name: The Harbors
File number: NWSP 02-012
Reference: 3*d review plans identified as a New Site Plan with a September 24, 2002 Planning and Zoning
Department date stamp marking.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments: None X
PUBLIC WORKS - Traffic
Comments:
1. In accordance with Chapter 6, Article III, Sections 11, 12 14, and 16, X
widen Las Palmas Park from Federal Highway (U.S. 1) approximately
240 feet east (to the intersection of the roadway centerline with the
extension of the subject parcel property line. Roadway configuration will
consist of 3 lanes, of width as determined by the Director of Public
Works (one eastbound lane, one dedicated left turn lane, and one
westbound through lane), Type "F' curb and gutter and two - four (4)
foot wide sidewalks (one on each side of the roadway).
2. Reconfigure signalization at the intersection of Las Palmas Park and X
Federal Highway to add a left turn arrow to the signal head(s) for
westbound Las Palmas Park traffic (Chapter 6, Article III, Section 16).
The developer has coordinated with Palm Beach County Traffic
Division. The rephasing of the signal shall be completed prior to the
issuance of a Certificate of Occupancy.
3. Detail signing and striping as necessary (Chapter 6, Article 1T~, Section X
16).
4. At the time of permitting, coordinate with the FDOT and Palm Beach X
County Traffic for roadway and signalization improvements.
UTILITIES
Comments: None X
FIRE
Comments:
5. Design documents where underground water mains and hydrants are to X
be provided, must demonstrate that they will be installed, completed,
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10/09/02
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DEPARTMENTS INCLLrDE REJECT
and in service prior to construction work per the Florida Fire Prevention
Code, (2000) Section 29-2.3.2.
6. Pursuant to City Ordinance 9-3F, the Fire Marshal has developed an X
Administrative Order dated May 9, 2001 that provides the minimum
performance for all security gates and emergency access. (Copy
attached).
7. Emergency access shall be provided at the start of a project and be X
maintained throughout construction per the Florida Fire Prevention
Code, Section 3-5, and NFPA 241, (1996) Safeguarding Construction,
Alteration, and Demolition Ot~erations, Section 5-4.3.
POLICE
Comments: None X
ENGINEERING DIVISION
8. A lighting plan including photometrics, pole wind loading, and pole X
details in conformance with the LDR, Chapter 6, Article IV, Section 11,
Chapter 23, Article I, Section 5.B.7 and Chapter 23, Article II, Section
A will be required at the time of permitting. The lighting design shall
provide a minimum average light level of one foot-candle. On the
lighting plan, specify that the light poles shall withstand a 140 MPH
wind load (LDR, Chapter 23, Article II, Section A. 1.a.) Add a note that
the fixtures shall be operated by photo-electrical control and to remain
on until 2:00 a.m. (LDR, Chapter 23, Article II, Section A.l.a.)
Artificial lighting used to illuminate any property shall be directed away
from all residential districts.
9. A plat shall be submitted with construction drawings for fee simple X
housing. The plat must be recorded prior to the issuance of a building
permit for the project.
10. A copy of the proposed POA documents shall be submitted for review X
and approval concurrent with the plat process.
11. Provide verification that the improvements within the submerged land X
lease shall be transferable to the new owner.
12. At the time of permitting, indicate by note to what standard the project is X
to be constructed; if the FDOT Standard Specifications for Road &
Bridge Construction and Standard Index are to be used - the 2000
Specifications are recommended since they contain both English and
Metric units.
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10/09/02
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DEPARTMENTS INCLUDE REJECT
13. An excavation and fill permit will be required for this development. X
14. Provide written and ~raphic scales on all sheets. X
BUILDING DIVISION
Comments:
15. At time of permit review, submit signed and sealed working drawings of X
the proposed construction.
16. At time of permit review, submit a copy of the recorded resolution that X
verifies the abandonment of the alley, rig. ht-of-way or easement.
17. Add to the submittal a partial elevation view drawing of the proposed X
perimeter wall. Identify the type of the wall material and the type of
material that supports the wall, including the typical distance between
supports. Also, provide a typical section view drawing of the wall that
includes the depth that the wall supports are below finish grade and the
height that the wall is above finish grade. The location and height of the
wall shall comply with the wall regulations specified in the Zoning
Code.
18. At time of permit review, submit for review an addressing plan for the X
pro) ect.
PARKS AND RECREATION
Comments:
19. Since it has been determined that there are 54 single-family attached X
units in this development, the Park and Recreation Facilities Impact Fee
is computed as follows: 54 single-family attached units multiplied by
$771 per unit equals $41,634 (Chapter 1, Article V).
20. The fee is due prior to the issuance of the first applicable building X
permit.
21. Submit detailed irrigation plans for right-of-way landscape and irrigation X
improvements during the construction document permitting stage, for
review and approval by Parks Department and Public Works Department
staff. Include on the plan location of any existing irrigation in the right-
of-way.
FORESTER/ENVIRONMENTALIST
COA2
10/09/02
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DEPARTMENTS INCLUDE REJECT
Comments:
22. The applicant must identify and quantify the existing trees on the site as X
shown on the survey sheet #1.
23. The landscape sheets should indicate the existing trees that will be X
preserved, relocated or removed and replaced on each portion of the
entire site. These trees should be shown with an appropriate symbol on
each of the landscape sheets.
24. Any of the existing hedge plants noted on the sheets that are not of X
acceptable quality during the landscape inspections must be replaced
throughout the site.
25. All trees noted on the plant list must be a minimum of 12 feet in height X
and three (3) inches in diameter at time of planting.
26. The plan does not show the City "signature trees "required at the X
ingress/egress sites.
27. The plan does not show the seven (7) foot wide landscape buffer strip X
along the adjacent public right-of-way. Revise the list to include 50%
native shrub material.
28. Sheet LP4 of 6: The shrubs, and accents list meets the 50% native X
species requirement, the palms list does not meet this requirement.
Revise the plan accordingly.
29. Sheet LP5 of 6: The palms, shrubs, accents, and ground covers list does X
not meet the 50% native species requirement. Revise the plan
accordingly.
30. There is no irrigation system plan included or noted on the landscape X
sheet. Provide an irrigation plan at the time of building permit
submittal.
PLANNING AND ZONING
Comments:
31. Place a note on all the primary landscape plan indicating that mulch X
other than Cypress shall be used and maintained for landscape purposes
(Chapter 7.5, Article II, Section 5.C.8.).
32. The site data on sheet "SP 1 of 2" indicates that 110 parking spaces are X
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10/09/02
5
DEPARTMENTS INCLUDE REJECT
required. Revise the data to indicate the correct number of required
parking spaces (107).
33. The existing six (6) foot high wall, located along the north property line X
shall be refurbished to match the color and style of the new wall.
34. On the landscape plan sheet labeled "LP 1 of 6" and "LP 2 of 6", X
identify the row of hedges proposed along the southern property line.
Also, staff recommends installing palm trees (single or double trunk
Alexander, Montgomery, or Solitaire) along the southern facades of the
four (4) unit buildings.
35. On the floor plan, the total area for "Model 1601" is incorrect. Any X
change to the floor area on the floor plan will need to correspond to the
tabular data of the site plan sheet "SP 1 of 2".
36. The buffer wall may not exceed six (6) feet in height (Chapter 2, Section X
4.J. 1). Prior to the City Commission meeting, provide a detail of the
entry gates, including the dimensions, material, and color(s) used.
37. Provide an elevation of the "existing covered tiki bar" to be a "cabana". X
Ensure that the colors of the cabana will be compatible with the color
palette of the proposed townhouse buildings.
38. A fence is required around the pool area. Provide a detail of the fence. X
On the site plan, show the points of access to the deck area currently
outside the property line.
39. Provide a cross access agreement or written verification that access is X
allowed between the subject property and the property to the east (with
the wood deck and boat mooring area).
40. The plan shows that public "green" area will be provided in the form of X
the 0.2 acre recreation area and the 32-foot wide front paseos. Staff
recommends creating additional public "green" space equipped with
amenities such as benches, a gazebo, and/or BBQ pit area.
41. The buffer wall along the north property line acts as a "terminating X
vista" from each paseo area. Staff recommends incorporating additional
decorative features such as fountains, statuary, or wall score lines to
break the mundane wall expanse.
42. Staff endorses the concept of having a "focal point" to be located at the X
northwest corner of the property. In addition to the landscaping, staff
recommends that the "focal point" as shown as an asterisk (*) should be
a fountain, statuary, gazebo or some other attractive public amenities.
COA2
10/09/02
6
DEPARTMENTS INCLUDE REJECT
43. Provide an elevation of the "existing covered "tiki" bar to be a cabana". X
Ensure that the colors of the cabana will be compatible with the color
palette of the proposed townhouse buildings.
44. The entryway to the recreational area appears as though it is an amenity X
for just the five (5) easternmost townhouse units. Staff recommends
redesigning the entryway so that it is more welcoming to the entire
development. Create an entrance pavilion to the recreational area that is
on axis with the sidewalk.
45. Off-street parking for the development will be limited to two (2) car X
garages in each unit and guest parallel parking spaces. Because there is
no alternative parking provision, staff recommends that the garage area
in each unit be increased in size in order to maximize the storage space
for both vehicles and various items and to prevent / minimize the
haphazard parking of cars throughout the development.
46. The 3rd floor plan does not show the side "bump-outs" and therefore, the X
plan does not correspond to the revised elevations. The plans must be
corrected to correspond with each other.
47. The plant list of landscape plan "sheet LP 5 of 6" does not indicate 34 X
"VOA" plants. Correct the plan's tabular data.
48. Staff recommends configuring or angling the buildings in such a way X
that will allow for more units to have direct visual access to the future
Intracoastal Park.
49. Staff recommends incorporating a second or third story porch (or on X
both stories) into the design of the townhouse units that face (front
and/or side facades) either the Intracoastal Waterway or the Intracoastal
Park.
50. The main east-west sidewalk is four (4) feet in width. Staff recommends X
increasing the width to at least five (5) feet.
51. Staff recommends further increasing the distance between buildings X
(pasco areas) to allow for additional amenities and landscape material.
52. Staff endorses the concept of a pedestrian connection from the subject X
property to the Intracoastal Park as shown on the southeast portion on
the property. However, staff recommends that the entranceway be
enhanced with additional landscaping, decorative lighting, and park-like
benches.
COMMUNITY REDEVELOPMENT AGENCY COMMENTS:
Comments:
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10/09/02
7
DEPARTMENTS INCLUDE REJECT
53. Since it has been determined that there are 51 single-family attached X
units in this development, the Park and Recreation Facilities Impact Fee
is computed as follows: 51 single-family attached units multiplied by
$771 per unit equals $39,321 (Chapter 1, Article V).
54. The opening of the garage doors shall be 18 feet in width. X
55. Additional 90 degree parking (extra) spaces shall be provided along the X
western property line. Driveway widths shall not be reduced to
accommodate the additional parking.
56. Enhance the building facades of Building gl and Building #2 by adding X
architectural elements such as faux windows, shutters, raised bandings,
and balconies to improve the appearance of the buildings that face US 1.
57. Provide landscaping nodes along the northern buffer opposite each drive X
aisle. The northern perimeter hedge shall be maintained at six (6) feet in
height.
58. Provide floor plans / details of the "cabana". The cabana shall be X
compatible of the proposed townhouses.
59. Provide more specific details of dumpster enclosure including gates. X
60. The proposed first floor color (Sherwin Williams #1335 - Thai Tan) of X
the buildings shall be softened two (2) shades.
61. The proposed freestanding outdoor lighting fixtures shall be type "A" X
rather than type "B".
62. The buffer shall be C.B.S. rather than pre-cast. X
63. Architectural changes in response to these conditions shall be X
re-reviewed by the CRA prior to issuance of permits.
ADDITIONAL CITY COMMISSION COMMENTS:
COA2
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8
DEPARTMENTS INCLUDE REJECT
Comments:
62. To be determined.
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S:\Planning~SHARED\WP',PROJECTS',The Hart~rs'~NWSP 02.012~,COA2.docS:'~:)Ianning~SHARED\WP~PROJECTS\The Harbors~WSP 02-012\COA. doc
LAND
Landscape Architecture
nESIGNI
Environmental Consultation
JOUTH FAX 561-478-5012. Congress 8usines~ Center. 1280 N. Congres,s Avenue · Suite 215 - West Patm Beocn. Ftondo 334~
The Harbors
Land Use Amendment, Rezoning, & Site Plan Approval
Justification Statement
Request
The purpose of this Justification Statement is to request a Land Use Amendment, a
Rezoning, and site plan approval for the subject property. The applicant is requesting to
change the land use from Local Retail Commercial to Special High Density Residential
and the zoning from Community Commercial (C3) to Infill Planned Unit Development
(IPUD).
On behalf of the Petitioner, Land Design South of Florida, Inc. is requesting a land use
amendment, rezoning, and site plan approval of a 3.21-acre property with $4 upscale town
homes. The subject property is generally located on the southeast corner of Federal Highway
and Gateway Boulevard.
Site Characteristics
The 3.21-acre property currently has a Future Land Use designation of Local Retail Commercial
and is located within the C3 (Community Commercial) Zoning District. As previously stated, the
applicant is proposing to change the Future Land Use designation to Special High Density
Residential and rezone the property to IPUD (Infill Planned Unit Development). The subject
property is currently being used as a nightclub facility. There is an existing two-story 20,679
square foot building located on the eastern most portion of the site. The remaining portion of
the site is used predominately for parking. In determining the impacts of the site we compared
the maximum development potential at the existing land use and zoning to the maximum
development potential at the proposed land use and zoning. We also accounted for what the
applicant is actually proposing.
There are several different uses surrounding the subject property. There are two (2) different
uses which border the subject property to the north. Along the eastern section of the northern
property line is the Las Palmas residential community. This property has a Future Land Use
Designation of Low Density Residential (LDR) and is located within the R1AA zoning district.
Along the western portion of the northern property line is a gas station. This property has a
future land use designation of Local Retail Commercial and is located within the C3 zoning
district. To the east of the subject property is the Intracoastal Waterway. To the south of the
subject property is the proposed Boynton Beach City Park. This property has a future land use
designation of Recreation and is located within the Recreation zoning district. To the west of
the subject property is Federal Highway (94-foot Right-of-Way (ROW)) and the Florida East
Coast (FEC) Railroad ROW (100-foot ROW). To the west of the FEC ROW are several
residential properties. Due to the fact that there is over 194-feet of separation between the
subject property and the properties to the west, the applicant did not consider the impacts of the
proposed community on these properties.
The Harbors Page 1 of 4 June 5, 2002
Proposed Impacts
The subject property can currently be developed with either commercial or residential
development. After the proposed land use amendment and rezoning the property will be
allowed to be developed mainly as a residential use, with limited commercial use. The following
table identifies the development scenarios under the existing land use and zoning as well as the
proposed.
Existing Land Use & Zoning Proposed Land Use & Zoning
LRClC3 SHDR/IPUD
Maximum Development Potential 223,724 Sq. Ft. of Commercial 64 DU's
& 34 DU's
Proposed/Existing Development 20,679 Sq. Ft. of Commercial 54 DU's
The existing zoning designation does not allow the development of fee simple townhomes. In
order to develop the site the applicant has to rezone the property to the IPUD designation. The
IPUD district is only allowed in the Special High Density Land Use designation. Therefore the
applicant must also change the land use. With the new zoning and land use there is a limited
amount of commercial that is allowed along Federal Highway. The applicant is not proposing
commercial uses as a part of the proposed development.
The timing and phasing of the proposed community is dependent on the approval of the
rezoning, land use, and site plan. In order to determine a rough estimate of the development of
the site, we will assume that the project will receive final approval in September 2002. Once
final approval is obtained, the applicant will immediately begin the permitting process. The
applicant will begin to clear and develop the property in March 2003. Development of the units
will begin shortly after the clearing.
Population, Water, & Sewer Comparisons
The following table compares the demand for water and sewer based on the square footage
allowed under the existing land use and zoning against the proposed land use and zoning. This
demand was estimated using the standards adopted by the Palm Beach County Health
Department when determining the potential impact of development. In order to determine the
impact of the residential development we used the 2000 Census data of 2.26 persons per
household. In addition, we used the 2001 LOS for the City of Boynton Beach.
Infrastructure Information
Water Provider City of Boynton Beach
Level of Service 200 gallons per capita per day
Current Maximum Demand 22,372 gallons/day (3.21 ac X 43,560 sq. ft. X .40 Building coverage x
4 stories x. 1 )
Proposed Maximum Demand
29,018 gallons/day (3.21 AC X 20 DU/AC X 2.26 PPH X 200)
(62 DU's)
Proposed Actual Demand (54 24,408 gallons/day (54 X 2.26 PPH X 200)
DU's)
Proposed Change +2,036 gallons/day
The Harbors Page 2 of 4 June 5, 2002
Wastewater Provider City of Boynton Beach
Level of Service 90 gallons per capita per day
Current Maximum Demand 22,372 gallons/day (3.21 AC X 43,560 SQ FT X .40 Building coverage
x 4 stories x. 1 )
Proposed Maximum Demand
(62 DU's) 13,058 gallons/day (3.21 AC X 20 DU/AC X 2.26 PPH X 90)
Proposed Actual Demand (54
DU's) 10,983 gallons/day (54 X 2.26 PPH X 90)
Change - 11,389 gallons/day
Nuisances
The existing land use of the subject property is Local Retail Commercial and the existing zoning
distdct is Community Commercial (C3). The existing land use and zoning are not compatible
with the residential nature of the area. To the north of the subject property are several different
uses. Along the eastern portion of the northern property line are the Las Palmas Park and the
Las Palmas Landing single-family residential community. These two communities have a land
use designation of Low Density Residential (LDR) and are located within the RIAA (Single
Family) zoning district. Along the western portion of the northern property line are commercial
properties and a existing gas station. These properties have a future land use designation of
Local Retail Commercial and are located within the C3 zoning district. To the east of the subject
property is the Intracoastal Waterway. To the south of the subject property is a vacant property
that has a Future Land Use designation of Recreational and is located within the Recreation
(REC) zoning district. The property is proposed for a City of Boynton Beach Park. To the west
of the subject property is Federal Highway (94-foot ROW) and the FEC railroad (100-foot
ROW).
The existing land use and zoning is not compatible with the surrounding residential nature of
the area. Over the years the subject property has received numerous complaints from the
surrounding residents due to loud music and the disruptive behavior of patrons to the nightclub
and restaurant. Once the park to the south is completed, the existing use could potentially
disrupt the activities occurring in the park.
The applicant is proposing to change the land use of the subject property to Special High
Density Residential. The applicant is also proposing to change the zoning designation to IPUD
(Infill Planned Unit Development). The applicant is proposing to construct 54 upscale town
homes on 3.21 acres. This results in a gross density of 16.82 dwelling units per acre. The
proposed residential use is more consistent with the residential uses to the north and the
proposed park use to the south. The proposed site plan submitted with this justification
statement shows a 52-foot setback along the northern property line where the subject property
abuts the existing residential.
Approval of the proposed land use plan amendment and rezoning will eliminate the
incompatibility of uses currently occurring in the area surrounding the subject property.
The Harbors Page 3 of 4 June 5, 2002
Site Plan
The site plan dated June 5, 2002 submitted with this justification statement shows a total of 54
three (3)-story town homes on a total of 3.21 acres. Each of the 54 town homes has a two-car
garage. In addition the site plan shows a total of 13 additional parking spaces for guest parking.
When designing the site plan the applicant relied upon the draft code language for the Infill
Planned Unit Development (IPUD) zoning district. This zoning district applies to properties
located within the Community Redevelopment Area (CRA) that are greater than one (1) acre in
size and smaller than five (5) acres. The applicant is proposing a three (3)-story town home on
the subject property. This structure will be less then the maximum height of 45-feet. The IPUD
district also has maximum lot coverage of 50%. The proposed site plan has building lot
coverage less than 50%. Along with the rezoning application, the applicant is proposing to
change the land use designation to Special High Density Residential. This designation allows a
maximum density of twenty (20) dwelling units per acre. The applicant is proposing a total of 54
dwelling units on 3.21 acre for a gross density of 16.82 units per acre. This is consistent with
the proposed land use designation.
The minimum open space requirements for properties within the IPUD zoning district are 100
square feet per dwelling unit. The proposed site plan submitted with this justification statement
shows a total of 1.45 acres of open space. This equates to 1,169 square feet per dwelling unit.
There are several different buffers proposed around the perimeter of the site. The applicant is
proposing two different buffers along the northern portion of the subject property. Along the
portion of the property that abuts Las Palmas the applicant is proposing a seven (7) foot buffer.
Along the remaining portion of the northern property line the applicant is proposing a five (5)
buffer. At the pre-application meeting the City Staff requested that the existing vegetation along
the northern property line, adjacent to the single-family homes, remain in place. Therefore the
applicant is only proposing the one (1) tree per thirty (30) feet. The existing hedge will be cut
out and a tree will be placed in the vacant area. The applicant is not proposing a buffer along
the eastern property line due to the fact that it is adjacent to the Intracoastal Waterway. The
applicant is proposing a five (5) foot buffer along the southem property line. There is also a
buffer proposed for the future park to the south. The applicant is proposing a ten (10) foot buffer
along Federal Highway. This will sufficiently buffer the future residents of the community, while
increasing the amount of landscaping along Federal Highway.
The proposed plan shows a large .20-acre recreation area on the eastern section of the
property. This allows all of the residents of the proposed community to have access and to
enjoy the Intracoastal. The recreation area will have a pool and cabana. It is the intent of the
applicant to use the existing pool and "Tiki" bar structure located on the site.
The property is structured so that most of the units front on a "paseo" area. This area will
provide for guest entrance in to each of the units and create an intimate atmosphere between
the units. In South Florida today, we are use to seeing the garage as the predominate feature
on the front of residential structures. The proposed homes have the garage in the back of the
units. Each of the garages will be access via an 18-foot access way.
Based upon the above and the attached information, the Petitioner respectfully request
approval of this petition.
N:\Project Files\389~389.53\The Harbors LUPA, Rezoning, & Site Plan Approval Just Stat. doc File: 389.53A, 53B
The Harbors Page 4 of 4 June 5, 2002
DEVELOPMENT DEPARTMENT
PLANNING & ZONING DIVISION
MEMORANDUM NO. PZ 02-162
TO: Chairman and Members
C°mmunity R,~ment Agency B°ard,',-~,' ~
FROM: Dick Hudso~e,,$'eYrlor
Planner
THROUGH: Michael W. Rumpf
Director of Planning and Zoning
DATE: August 25, 2002
PROJECT DESCRIPTION
Project/Applicant: The Harbors/Centex Homes
Agent: Jennifer Morton of Land Design South
Owner: SCHGAI, Inc.
Location: 2300 N. Federal Highway (Caf6 La Notte)
File No: Land Use Amendment/Rezoning (LUAR 02-005)
Property Description: Developed property consisting of+3.21 acres, classified Local Retail
Commercial (LRC) and zoned C-3 Community Commercial
Proposed change/use: To reclassify the subject property from Local Retail Commercial (LRC)
to Special High Density Residential (SHD-20 du/ac), and rezone from C-
3 Community Commercial to Infill Planned Unit Development (IPUD) in
order to redevelop with 54 fee-simple townhouses.
Adjacent Land Uses and Zoning:
North: To the northeast, developed (Las Palmas) single family homes classified Low Density
Residential (LDR - 4.84 du/ac) and zoned R-l-AA Single Family Residential and to
the northwest, developed commercial land (gas station) classified Local Retail
Commercial (LRC) and zoned C-3 Community Commercial.
South: Vacant land, currently being developed as Intracoastal Park, designated Recreational
(R) and zoned REC Recreation.
East: Intracoastal Waterway
West: Rights-of-way of Federal Highway and the Florida East Coast Raikoad, then
developed commercial property classified Local Retail Commercial (LRC) and zoned
C-2 Neighborhood Commercial.
Page 2
File Number: LUAR 02-005
The Harbors
PROJECT ANALYSIS
Chapter 163, Florida Statutes requires that in order for an amendment to the Future Land Use
Map to qualify as a "small-scale" amendment, the property must be less than 10 acres in size. If
the amendment involves a residential land use, the density must be 10 dwelling units or less per
acre. An exception to the density limitation is permitted if the property is in an area designated in
the comprehensive plan for urban infill, urban redevelopment or downtown revitalization.
Even though the requested density for the site is greater than 10 du/ac, the parcel is less than 10
acres in size, is located within the expanded Community Redevelopment Area, and would be
considered an urban redevelopment project. The subject property contains +3.21 acres, and
therefore qualifies 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 eight criteria used to review Comprehensive Plan amendments and rezonings are listed in
Article 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 land use amendment/rezoning would be consistent with
applicable comprehensive plan policies including but not limited to, a prohibition
against any increase in dwelling unit density exceeding 50 in the hurricane
evacuation zone without written approval of the Palm Beach County Emergency
Planning Division and the City's risk manager. The planning department shall also
recommend limitations or requirements, which would have to be imposed on
subsequent development of the property, in order to comply with policies contained
in the comprehensive plan.
Under its present land use designation and zoning category, the property could be redeveloped for
residential use at a density of 10.8 dwelling units/acre for a total of 34 units. The applicant is
requesting an increase of 20 units and therefore falls below the density requiring risk management
review; however, staff would recommend that all home-buyers in the development be made
aware of the fact that they are buying property in a hurricane evacuation zone.
Policy 1.19.1 of the Land Use Element provides a definition of the Special High Density
Residential land use classification, limits the use of the designation to the Coastal Area of the city
and states that the maximum gross density is twenty (20) dwelling units per acre.
Policy 1.13.3 states,
"The City shall continue to encourage infill development and redevelopment by
implementing actions of the Boynton Beach 20/20 Redevelopment Master Plan, and the
policies contained in the Coastal Management Element."
The adoption of the Infill Planned Unit Development (IPUD) regulations was a direct response to
the cited policy directions as well as policy directions in the Federal Highway Corridor
Community Redevelopment Plan. The introduction to the regulations states:
"It is a basic public expectation that landowners requesting the use of the IPUD
district will develop design standards that exceed the standards of the basic
Page 3
File Number: LUAR 02-005
The Harbors
development standards in terms of site design, building architecture and
construction materials, amenities and landscape design. The extent of variance
or exception to basic design standards, including but not limited to requirements
for parking spaces, parking lot and circulation design, and setbacks, will be
dependent on how well the above stated planning expectations are expressed in
the proposed development plan."
While both the land use amendment and rezoning are consistent with policies contained in the
Future Land Use Element of the Comprehensive Plan, the master/site plan for the proposed
development, which must be adopted simultaneously with the zoning designation, lacks minimum
design attributes necessary for consistency with the cited requirements of the IPUD regulations.
b. I~hether 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.
In this portion of the Federal Highway Corridor, there are a number of properties designated High
Density Residential, interspersed with city owned lands designated for Recreational use. The
requested amendment would not create an isolated or unrelated distr/ct. Rather, it is the existing
Local Retail Commercial designation extending to the Intracoastal Waterway that forms an
isolated and unrelated district.
c. Whether changed or changing conditions make the proposed land use
amendment/rezoning desirable.
A number of changed and changing conditions make the proposed land use amendment and
rezoning desirable. The Federal Highway Corridor Community Redevelopment Plan, adopted by
the City Commission on May 15,2001, included the following strategy to provide a strong
residential base that is aesthetically inviting:
"Encourage a variety of housing. Develop intensity standards that allow for a variety of
housing styles and types at intensities that will assist in supporting the downtown and
general economic expansion."
In response to this strategy, the city adopted amendments to the land development regulations, :
adding the Infill Planned Unit Development (IPUD) zoning district to allow a greater range of
housing types to be developed on infill parcels, specifically along Federal Highway in the
entrance dislricts. Residential densities for the [PUD zoning district can range from 10.8 du/ac to
20 du/ac. The two entrance districts are defined by the redevelopment plan as the areas of the
Federal Highway corridor from the north city limits to the Boynton (C-16) Canal, and from
Woolbright Road to the south city limits.
The [PUD zoning district regulations are relatively flexible in order to encourage developer
creativity, including townhouse developments on small infill and redevelopment parcels. In
addition, the South Florida housing market is experiencing a growing popularity of townhouse
developments as a residential unit of choice, particularly in urban areas.
Page 4
File Number: LUAR 02-005
The Harbors
d. Whether the proposed use would be compatible with utility systems, roadways, and
other public facilities.
Comparisons of water and sewer demands, provided by the applicant, show that the proposed use
of the property will potentially increase water demands by slightly more than 2,000 gallons per
day, yet decrease wastewater usage by over 11,000 gallons per day (see Attachment "B"). The
traffic generation statement, that accompanied the application, states that the vested uses on the
site generate 1,815 daily trips, while the proposed use equates to 378 trips per day. With respect to
solid waste, the Solid Waste Authority has stated, within a letter dated December 18,2001, that
adequate capacity exists to accommodate the county's municipalities throughout the 1 O-year
planning period. Lastly, drainage will also be reviewed in detail as part of the review of the site
plan, and must satisfy all requirements of the city and local drainage permitting authorities.
e. Whether the proposed land use amendment/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 proposed land use amendment/rezoning is compatible with the current and future use of
adjacent properties. It is the existing use of the property and the array of commercial uses that
could be placed on the site if it were redeveloped under the Local Retail Commercial designation,
that create incompatibilities.
f Whether the property is physically and economically developable under the existing
zoning.
The property was developed as a restaurant many years ago, and recently applied for a
conditional use permit to operate as a nightclub.
g. Whether the proposed land use amendment/rezoning is of a scale which is
reasonably related to the needs of the neighborhood and the city as a whole.
With proper development, the site could be an example of the type of redevelopment and infill
project that will help to underpin the redevelopment efforts in the Federal Highway Corridor and
also increase the variety of types and styles of housing to support general economic expansion.
h. Whether there are adequate sites elsewhere in the city for the proposed use, in
districts where such use is already allowed.
There are very few residentially designated sites in the City that provide opportunities for small to
medium-sized developments of this type.
CONCLUSIONS/RECOM1WENDATIONS
As indicated herein, the requested land use amendment and rezoning are consistent with the intent
of the Comprehensive 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
conlribute to the overall economic development of the City. In light of the fact, however, that
even after numerous meetings and discussions with City staff, the applicant has failed to provide
an adequate interpretation of the zoning regulations and has proposed a master/site plan that
provides less than the basic amenities, mediocre building architecture, almost no landscape design
and seeks only to crowd the site with more dwelling units than the site planner is capable of
Page 5
File Number: LUAR 02-005
The Harbors
placing on the site in a reasonable design, staff recommends that the subject request be denied.
Should the Community Redevelopment Agency Board and the City Commission recommend
approval, any recommended conditions of approval will be included as Exhibit "C".
ATTACHMENTS
$:~HRDATA~IanningXSHARED\W'P'~'ROJECT$\'I'he Har~rsL~,UAR 02~O.~'X. STAFF R.EPORT d~:
VI.-PUBLIC HEARING
ITEM B..
CITY OF BOYNTON BEACt
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
[] August 6, 2002 July 17, 2002 (5:00 p.m.) [] October 1,2002 September 16, 2002 (Noon)
[] August 20, 2002 August 5, 2002 (Noon) [] October 15, 2002 September 30, 2002 (Noon)
[] September 3, 2002 August 19, 2002 (Noon) [] November 6, 2002 October 14, 2002 (Noon)
[] September 17, 2002 September 3, 2002 (8:00 a.m.) [] November 19, 2002 November 5, 2002 (Noon)
[] Administrative [] Development Plans
NATURE OF [] Consent Agenda [] New Business
AGENDA ITEM [] Public Hearing [] Legal --~
[] Bids [] Unfinished Business
[] Announcement [] Presentation
[] City Manager's Report
RECOMMENDATION: Please maintain this request on October 15, 2002 City Commission Agenda under
Public Hearing. The Community Redevelopment Agency Board with a unanimous vote recommended that the subject request
be approved. Please note that the land use element aspect of this application has been withdrawn with the intent to follow-up
with a replacement application for Special High Density Residential Land Use classification. The rezonmg (IPUD) request
will proceed to mimmize project delays. For further details pertaining to this request see attached Department of
Development Memorandum No. PZ 02-206.
EXPLANATION:
PROJECT: Merano Bay (LUAR 02-006)
AGENT: Carlos Ballbe, Woodside Land Development Corp.
OWNER: AutoZone, Inc.
LOCATION: Southeast comer of Shore Drive and North Federal Highway
DESCRIPTION: o ............. a ~u~ ,~ ..... u~-~;.,~ m~. c ...... r ~-a ~ ~ ~,a~- r..~ ~ ,,,-~t
Request to rezone from Commumty Commercial (C-3) to Infill Planned Unit
Development (IPUD).
PROGRAM IMPACT: N/A
FISCAL IMPACT: ..~ N/A ~ 1~
ALTERNATIVES: _/) / N/A
Deve~me/{t Delba~an-~n~D~ector' ' - City Manager's Signature
Planning and Zonintl~D{rector City Attorney / Finance / Human Resources
J:\SHRDATAL°Ianning~SHARED\WP\PROJECTS\MERANO BAY~LUARLkgenda Request LUAR 02-006 CC I0-15-02 dot
DEVELOPMENT DEPARTMENT
PLANNING & ZONING DIVISION
MEMORANDUM NO. PZ 02-206
TO: Chairman and Members
Community~elopment.. Agency Board
FROM' Dick H u dscCF,, '¢([CP
Senior Planner
THROUGH: Michael W. Rumpf
Director of Planning and Zoning
DATE: September 30, 2002
PRO3ECT DESCRIPTION
Project/Applicant: Merano Bay/Woodside Land Development Corp.
Agent: Carlos Ballb~
Owner: AutoZone, Inc.
Location: Southeast corner of Shore Drive and North Federal Highway
File No: Land Use Amendment/Rezoning (LUAR 02-006)
Property Description: Vacant property consisting of +_1.75 acres, classified Local Retail
Commercial (LRC) and zoned C-3 Community Commercial
Requested change/use: To reclassify the subject property from Local Retail Commercial
(LRC) to High Density Residential (HDR), and rezone from C-3
Community Commercial to IPUD - Infill Planned Unit Development
in order to construct a 20-unit fee simple townhouse community.
Adjacent Land Uses and Zoning:
North: Right-of-way of Shore Drive, then developed commercial (Yachtsman's Plaza) designated
Local Retail Commercial (LRC) and zoned C-3 Community Commercial.
South: Right-of-way of Boynton (C-16) Canal, then developed single-family residential (Harbor
Estates) designated Mixed Use (MX) and zoned R-l-AA Single Family Residential (5.4
du/ac).
East: Right-of-way of Shore Drive, then developed single-family residential (Coquina Cove)
designated Low Density Residential (LDR)(4.84 du/ac) and zoned R-l-AA Single Family
Residential (5.4 du/ac).
Page 2
File Number: LUAR 02-006
Merano Bay
West: Rights-of-way of Federal Highway and the Florida East Coast (FEC) Railroad, then
undeveloped property designated Local Retail Commercial (LRC) and zoned C-3 Community
Commercial.
MASTER PLAN ANALY$]:$
A master plan is required for all requests to rezone to Planned Unit Development (PUD) or ]:nfill
Planned Unit Development (]:PUD). For this project, the site plan also functions as the master
plan. Generally, staff is in favor of converting the existing vacant commercial property to a
residential use and to increase the overall allowable density to 11.46 dwelling units per acre.
However, this exceeds the maximum density of the High Density Land Use Classification.
Under its present land use the property could be developed for the range of commercial uses
permitted with the existing Local Retail Commercial designation. This land use designation also
allows rezoning to the ]:PUD zoning district at a density of 10.8 dwelling units per acre for a
total of 18.9 units. The developer requested a change of land use to the High Density
Residential, which also has a maximum density of 10.8 dwelling units per acre, while a change
to Special High Density Residential land use would allow the necessary 20 dwelling units per
acre.
The City Commission adopted the Federa/H/ghway Corr/dor Redeve/opment P/an on May 15,
2001 to allow for a variety of housing styles at intensities that will assist in supporting the
downtown redevelopment. ]:t also served as a catalyst to encourage redevelopment and infill
development of the eastern portion of the City along Federal Highway and to promote the
overall general economic expansion of the City. ]:mplementation of the P/an included an
amendment to the Land Development Regulations to create the ]:PUD zoning district. This new
zoning district allows for a greater variety of housing types in order to redevelop infill parcels,
specifically along the Federal Highway corridor. This new zoning district allows for greater
flexibility in terms of lot size and setback restrictions. As promulgated in the Comprehensive
Plan, all development proposed within the ]:PUD should exceed the basic development
standards of the conventional residential zoning districts. This characteristic should be evident
in terms of a project's site design and site amenities. This project represents one of the first
requests for the ]:PUD zoning district designation. Staff recognizes this circumstance and
expects the best possible development, in particular, that this project will set the standard for
future ]:PUD developments. Staff determined that the layout of the buildings, the allocation of
back-up space, and the distance between each building are in the optimal configuration and
therefore, exceed the basic development standards.
]~n conclusion, the proposed site plan does meet the intent of the ]:PUD zoning district. As
previously stated, the subject property would be eligible for 10.8 units / acre or 18.9 total units
if converted to a residential use under the existing commercial land use. The plan proposes 20
total units or two (2) additional units over the current maximum allowable number of units.
The plan and its configuration of the townhouses buildings satisfy optimal design objectives
without forfeiting on any site amenities. Staff is recommending that the rezoning to the :[PUD
zoning district and master/site plan be approved contingent upon the approval of a
reclassification to the Special High Density land use classification, which allows the proposed
density, or the reduction in units to conform to the maximum density (10.8 units per acre)
currently allowed.
Page 3
File Number: LUAR 02-006
iVlerano Bay
PRO.1 ECT ANALYSTS
The eight criteria used to review Comprehensive Plan amendments and rezonings are listed in
Article 2, Section 9, Administration and Enforcement, :Item C. Comprehensive P/an
Amendments: Rezon/ng$. 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 cons/stent with applicable comprehensive
p/an po#c/es including but not//m/ted to, a prohibit/on against any increase in
dwelling unit density exceeding .~0 /n the hurricane evacuation zone without written
approval of the Palm Beach County Emergency Planning Division and the City's risk
manager. The planning department shall a/so recommend/imitations or
requirement, which would have to be imposed on ~ub~equent development of the
property, in order to comply w/th po#c/es contained in the comprehend/ye p/an.
The property in question does lie east of Federal Highway, and therefore is in the hurricane
evacuation zone for a Category 1 (Saffir/Simpson Scale) hurricane; however, the applicant
proposes to develop a townhouse community of only 20 units, therefore falling below the 50-
unit level. Staff would recommend that the developer apprise each homebuyer in the
development of the fact that they are buying property in a hurricane evacuation zone and
provide a mechanism to disseminate continuing information to residents concerning hurricane
evacuation and shelters through a homeowners' or residents' association.
Policy 1.13.3 of the Land Use Element reads:
"The City shall continue to encourage infi/I development and redevelopment by
implementing actions of the Boynton Beach 20/20 Redevelopment Plaster P/an, and the
po#des contained in the Coastal Planagement Element."
The a~ }pt/on of the :[nfill Planned Unit Development (:[PUD) regulations was a direct response
to the cited policy directions as well as policy directions in the Federal Highway Corridor
Community Redevelopment P/an. The introduction to the regulations states:
"/'t is a basic public expectation that landowners requesting the use of the ]PUD
d/strict wi//develop design standards that exceed the standards of the basic
development standards in terms of site design, building architecture and
construction mater/a/s, amen/ties and landscape design. The extent of variance
or exception to basic design standards, including but not//m/ted to requirements
for parking spaces, parking lot and circulation design, and setbacks, wi//be
dependent on how we//the above stated planning expectations are expressed in
the proposed development p/an."
The site plan (Exhibit B) for the proposed development will, upon approval, become the master
plan for the ~[PUD. ~[t also meets the basic expectations of the code through the provision of
notable architectural character that will be an enhancement to the corridor; convenient and
Page 4
File Number: LUAR 02-006
Merano Bay
adequate parking as well as recreational amenities for residents and guests; and landscaping
that is both varied and abundant.
b. Whether the proposed rezon/n~7 would be contrary to the established/and use
pattern, or would create an isolated d/strict unrelated to adjacent and nearby
districts, or would constitute a grant of spec/al privilege to an individual property
owner as contrasted w/th the protect/on of the pub/lc we/fare.
The proposed rezoning would not create an isolated district, but would relate to the adjacent
single-family residential lands to the east and will form a logical transition between that lower
density residential development and the commercial development, lying to the north of the
subject site, along Federal Highway.
c. Whether changed or changing conditions make the proposed rezon/ng desirable.
A number of changed and changing conditions make the proposed rezoning desirable. The
Federal Highway Corridor £ommun/ty Redevelopment P/an, adopted by the City Commission on
May 15, 2001, included the following strategy to provide a strong residential base that is
aesthetically inviting:
"En¢oura~ye a variety of housing, Develop intensity standards that allow for a
variety of housing sty/es and types at intensities that will assist in supporting the
downtown and genera/economic expansion."
In response to this strategy, the city adopted amendments to the land development regulations,
adding the Infill Planned Unit Development (IPUD) zoning district to allow a greater range of
housing types to be developed on infill parcels, specifically along Federal Highway in the
entrance districts. Residential densities for the :[PUD zoning district can range from 10.8 du/ac
to 20 du/ac. The two entrance districts are defined by the redevelopment plan as the areas of
the Federal Highway corridor from the north city limits to the Boynton (C-16) Canal, and from
Woolbright Road to the south city limits.
The :[PUD zoning district regulations are relatively flexible in order to encourage developer
creativity, including townhouse developments on small infill and redevelopment parcels in
exchange for a superior residential project that exceeds conventional standards. :in addition,
the South Florida housing market is experiencing a growing popularity of townhouse
developments as a residential unit of choice, particularly in urban areas.
d. Whether the proposed use would be compatible with utility systems, roadways, and
other public facE/ties.
Development of the property for residential use will reduce the demand for water and sewer
capacity from the potential demands, if the property is developed with the commercial uses and
intensities allowed under the existing land use and zoning. Likewise, utilizing the daily trip
generation rate used by the Fair Share Road Impact Fee Schedule, the project is expected to
have a total average trip generation of 140 trips per day. This is far less than the 2,623 trips per
Page 5
File Number: LUAR 02-006
Merano Bay
day that 61,000 sq. ft. of commercial space would generate, if the property were developed
under its present land use designation, l~t is also less than the 500 trips per day threshold
requiring submittal of a traffic impact analysis. With respect to solid waste, the SWA has stated
in a letter dated December 18, 200~., that adequate capacity exists to accommodate the county's
municipalities throughout the 10-year planning period. The Palm Beach County School District
has reviewed the project for school concurrency and approved it. Lastly, drainage will also be
reviewed in detail as part of the review of the conditional use application, and must satisfy all
requirements of the city and local drainage permitting authorities.
e. Whether the proposed rezon/ng wou/d be cornpat/b/e w/th the current and future
use of adjacent and nearby properties, or wou/d affect the property va/ues of
adjacent or nearby properties.
The master plan for the proposed use shows a residential development with easily accessible
recreational amenities, attractive elevations and well-designed residences that will have a
positive effect on adjacent residential property values.
f. Whether the property is physica//y and econornica//y deve/opab/e under the existing
zoning.
Under its present land use and zoning the property could be developed for the range of
commercial uses permitted in the C-3 Community Commercial zoning district, l~n ~.998 a
request for site plan approval was submitted to construct a 7,234 sq. ft. retail commercial
building for auto parts sales. The applicant withdrew the application prior to review by the City
Commission.
g. Whether the proposed rezon/ng is of a sca/e which is reasonab/y re/ated to the
needs of the neighborhood and the city as a who/e.
The proposed development is exemplary of the type of redevelopment and infill projects
envisioned when the ~[PUD regulations were adopted in that the design well exceeds the
requirements of the basic development standards as cited under the response to criterion "a",
above. This and similar developments will help to underpin the redevelopment efforts in the
Federal Highway Corridor and also increase the variety of types and styles of housing to support
general economic expansion.
h. Whether there are adequate sites e/sewhere in the city for the proposed use, in
districts where such use is a/ready a//owed.
There are very few residentially designated sites in the City that provide opportunities for small
to medium-sized developments of this type.
CONCLU$]:ON$/RECOMF4 EN DATI:ONS,
As indicated herein, this request is consistent with the intent of the ]:nfill Planned Unit
Development zoning district; 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
Page 6
File Number: LUAR 02-006
Merano Bay
the rezoning to the IPUD zoning district and master/site plan be approved subject to the
Conditions of Approval accompanying the site plan, which upon approval, becomes the master
plan for the IPUD, and contingent upon the approval of a reclassification to the Special High
Density land use classification, which allows the proposed density, or the necessary reduction in
units as described herein. If the Community Redevelopment Agency Board or the City
Commission recommends conditions, they will be included within Exhibit "C".
ATTACH M ENTS
]:\SHRDATA\Planning\SHARED\WP\PRO.~EC"P':J\HERANO 8AY'~LUAR\STAFF REPORT LUAR.doc
Location Map
~eraRo Bay EXHIBIT "A"
'~ -, ,'sC3 LAKE WORTH
~ S , ~c~
/ BOYNTON CANAL C-16 11
NE4-~TH AVI~~
1
'N~ t, lH AVE
' ~ ' "~" : ' : ~ ~ i "
800 0 800 Feet
EXHIBIT "C"
Conditions of Approval
Project name: Merano Bay
File number: NWSP 02-014
Reference: 2nd Review r)lans with a Planning & Zoning date stamp marking of September 24, 2002.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments:
1. Minimum backup distance for 90° parking is 24 feet. Revise roadway width X
accordingly.
2. Reference FDOT Standard Index 546 for the sight triangles along all collector X
and arterial roadways. A 10 feet x 10 feet sight triangle is inadequate for
Federal Highway. It is also necessary to check sight distances at the
intersection of Shore Drive and Federal Highway to ensure there is no conflict
with sight distances and the new privacy wall on the north property line
UTILITIEfl
Comments:
3. Fire flow calculations will be required demonstrating the City Code X
requirement of 1,500 g.p.m, as stated in the LDR, Chapter 6, Article IV,
Section 16, or the requirement imposed by insurance underwriters, whichever
is greater (see CODE, Section 26-16(b)). In addition, the LDR, Chapter 6,
Article IV, Section 16 requires that all points on each building be within 200
feet of an existing or proposed fire hydrant. Please demonstrate that the plan
meets this condition, by showing all hydrants, both existing and/or proposed.
4. A "Hold-Harmless" agreement with the Utilities Department, for maintenance X
and repairs, will be required where paverblock is placed within the utility
easements.
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
Comments:
5. All work done within the Federal Highway right-of-way shall require FDOT X
approval and permitting.
6. Sheet SP-1 of 1 refers to the relocation of several signs and power poles along X
Federal Highway. Indicate where the signs will be relocated to and who will
perform the work. All work done within the Federal Highway right-of-way
will require FDOT approval and permitting.
7. Indicate to what standard the project is to be constructed; if the FDOT X
Standard Specifications for Road & Bridge Construction and Standard Index
are to be used - the 2000 Specifications are recommended since they contain
both English and Metric units.
8. Provide written and graphic scales on all sheets. X
9. Sections A-A, B-B, and C-C are indicated on Sheet D1 of 1 but no typical X
sections were found in the plan set.
i0. Provide a detail for the paverblock driveways. X
BUILDING DIVISION
Comments:
11. Sheet A-1 - Pool House Front Elevation - shows a water feature and floor X
plan shows a drinking fountain. Clarify. Drinking Fountain shall comply with
2001 Florida Buildin~ Code, Section 114.1.3 (10)(A).
PARKS AND RECREATION
Comments:
12. The Park and Recreation Facilities Impact Fee requirement for Single Family X
Attached Homes is based on $771 per unit. Since there are 20 single family
attached homes shown on the plan, the fee is computed to be $15,420 ($ 771
x 20 units). Fee is due at the time of the first applicable building permit.
FORESTER/ENVIRONMENTALIST
Comments:
13. The applicant should provide a tabular summary on sheet L-1 showing that X
the site contains a minimum of 50% native species. All trees must be
minimum of 12 feet in height. Revise plans.
DEPARTMENTS INCLUDE REJECT
PLANNING AND ZONING
Comments:
14. Approval of this site plan is contingent upon the approval of rezoning to Infill X
Planned Unit Development (IPUD) and the removal of two (2) units or a
subsequent reclassification to the Special High Density land use classification
which allows the proposed density.
15. The site plan tabular data indicates that the total pervious area is 0.74 acres or X
42.7% of the total site. Likewise, the tabular data indicates the setbacks for
concrete patios for each townhouse, which can be built out in the future. In
the tabular data, provide the pervious area if all townhouses built concrete
patios pursuant to the PUD's self-imposed restrictions. In addition, on the
site plan, outline the area (in a soft dashed line) of the patio area if developed
according to the maximum allowable restrictions.
16. If a fence is required around the pool / clubhouse area, provide a detail of the X
fence including the dimensions, material, and color (Chapter 4, Section 7.D.).
17. Fifty percent (50%) of site landscape materials must be native species. X
Indicate the percentage amount of native material in the plant list of the
landscape plan (Chapter 7.5, Article Il, Section 5.P).
18. Coordinate with the City Forester / Environmentalist regarding the installation X
of brick pavers and palm trees within the U.S. ! right-of-way.
19. Staff recommends placing a Palm Tran bus shelter along Federal Highway. X
The shelter dimensions are typically six (6) feet in width by nine (9) feet in
length. If a bus shelter is located nearby, staff would also recommend
collaborating with Palm Tran and the affected property owner (FDOT) in
order to upgrade the facility.
20. No signage was submitted with these plans. Any proposed sign will require X
separate review and approval by the CRA Board.
21. Provide a note on the plan stating that the proposed buffer wall will be X
painted to match the color of the buildings.
22. On the elevation sheet label all major exterior finishes to include the X
manufacturer' s name and color code.
23. A 24-foot backup is required for units 1 and 20. A waiver is required. X -
24. Staff recommends additional landscaping consistent with the overall X
landscape plan at the end of the buildings to enhance the buildings facade as
seen from adjacent residential properties to the east.
25. To fully maximize the two (2) spaces provided in front of the buildings, staff X
recommends adjusting the landscape material to allow a two (2) foot
overhan$.
Conditions of Approval
DEPARTMENTS INCLUDE REJECT
ADDITIONAL COMMUNITY REDEVELOPMENT BOARD AGENCY
CONDITIONS
Comments:
26. Any proposed wall within the development shall be C.B.S. only. X
27. Increase the proposed garage openings to nine (9) feet in width. X
28. Increase the central green area around the pool to accommodate more X
landscaping while maintaining minimum turning radius.
29. Enhance the side elevations of units #1 and #20 adjacent to North Federal X
Highway with the same architectural elements found on front facades
30. Enhance the rear elevations of buildings #l, #2 and #4 with similar features X
(i.e., balconnettes, balustrades, mouldings, etc.) found on front facades.
31. Extend the base score line around the end facades of the purposed buildings. X
32. Staff to coordinate with the applicant the details of the waiver for the X
driveway dimension on units Itl and It20.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined.
S:\Planning\SHARED\WP\PROJ ECTS\MERANO BA~NWSP\COA.doc
VI.-PUBLt'C HEARt'NG
CITY OF BOYNTON BEACH ITEM C.
AGENDA ITEM REQUEST FOI v.
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
[] August 6, 2002 July 17, 2002 (5:00 p.m.) [] October 1, 2002 September 16, 2002 (Noon)
[] August 20, 2002 August 5, 2002 (Noon) [] October 15, 2002 September 30, 2002 (Noon)
[] September 3, 2002 August 19, 2002 (Noon) [] November 6, 2002 October 14, 2002 (Noon)
[] September 17, 2002 September 3, 2002 (8:00 a.m.) [] November 19, 2002 November 5, 2002 (Noon)
[] Administrative [] Development Plans
NATURE OF [] Consent Agenda [] New Business
AGENDA ITEM [] Public Hearing [] Legal
[] Bids [] Unfinished Business
[] Announcement [] Presentation :~,
[] City Manager's Report
· - --,~i
RECOMMENDATION: Please place this request on the October 15, 2002 City Commission Agenda under
Public Heating. The Community Redevelopment Agency Board with a unanimous vote, recommended that the subject
request be approved, subject to staff conditions, and additional conditions to improve project elevations (side and rear). For
further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-208.
EXPLANATION:
PROJECT: VICTORA'S CLOSET (COUS 02-004)
AGENT: Thomas McCormack
OWNER: 3602 NFHB, LLC
LOCATION: 3602 North Federal Highway
DESCRIPTION: Request Conditional Use Approval for a 34,484 square foot self storage facility in a C-3
zoning district.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: % N/A
Devel6pl~en{ D4p~-t~n~nt Director City Manager's Signature
Planning an~Zonin~ ~irector City Attorney / Finance / Human Resources
S:XPlanning\SHARED\WPLPROJECTS\Victoria's ClosefiAgenda Item Request Victoria's Closet COUS 02-004 CC 10-15-02.dot
S:\BULLETIN~ORMSLatGENDA ITEM REQUEST FORM.DOC
DEPARTMENT OF DEVELOPMENT
MEMORANDUM NO. PZ 02-208
TO: Chairman and Members
Community Redevelopment Agency
THROUGH: Mike Rumpf
Planning & Zoning Director
FROM: Eric Johnson, AICP
Planner
DATE: October 2, 2002
SUBJECT: Victoria's Closet - COUS 02-004
Conditional Use Approval - Self-storage Facility
PROPOSAL SUMMARY
Contained herein is a description of the subject project. The subject property is a rectangular-shaped 1.992-acre
parcel comprised of two (2) lots located along the west side of U.S. 1 in the southern portion of the City. The
property is vacant but contains a mature Banyan tree at the southeast corner of the site. According to the survey,
the site also contains the following tree species: Cabbage Palm, Schefflera, Norfolk Pine, Gumbo Limbo, Oak,
Mamosa, and Pine. The applicant aims to preserve the Banyan Tree in its current state while constructing a fully
enclosed 103,392 square foot self-storage facility. Self-storage facilities are conditional uses in the C-3 zoning
district. According to a recent opinion of the City Attorney, the limited-access self-storage uses are allowed within
the C-3 zoning district. This opinion contrasts the longstanding interpretation of the code to limit such uses to the
C-1 zoning district in accordance with the intent of code revisions made in 1987. This circumstance is further
explained below.
Owner: Thomas F. McCormack and Charles Highley
Agent: Thomas F. McCormack
Project name: Victoria' s Closet
General description: Conditional use / new site plan approval for a three story self-storage facility.
Property size: 86,758 square feet (1.9 acres)
Land use: Local Retail Commercial (LRC)
Current Zoning: Neighborhood Commercial (C-3)
Location: West side of U.S. 1, south of the intersection of Old Dixie Highway and U.S. 1
Building area: (See Exhibit "B" - Proposed Site Plan)
Surrounding land uses/zoning:
Victoria's Closet - COUS 02-004
Page 2
Memorandum No. PZ 02-208
North - Developed commercial use, zoned Palm Beach County Commercial General (CG);
East - U.S. 1 right-of-way, farther east is developed commercial, zoned Community Commercial (C3);
South - Vacant commercial property zoned Community Commercial (C3);
West - Developed residential, zoned Palm Beach County Residential Multi-family (RM).
BACKGROUND
In summary, in 1987 the zoning code was amended, pursuant to an outside petition, to establish a definition for the
"limited-access self-storage" use, and insert provisions in the code to allow them in close proximity to residential
and office environments. The regulations were written to address appearance, distance separation, height, outdoor
storage, and signage. To prevent their proliferation, and the opportunity cost of them being constructed in all
commercial districts, the approval was intended to limit the uses to the C-i district. Recent interpretation of the
code by legal staff, as initiated by representatives of the applicant, has identified weaknesses in the code
amendments that essentially allow the use to be carried forward into the C-2 and C-3 districts. Once this code
weakness was realized, the city passed Resolution No. R02-135 on August 6, 2002, and followed up with a public
heating in accordance with procedural requirements established by Ordinance No. 00-53. This "Notice of Intent"
(NOD process allows for the initiation of a study and/or formulation of code amendments to address a particular
code issue. The current NOI is in effect for 180 days, or until approximately January 6' 2003. Although the NOI
prevents related applications from being submitted during the study period, the subject application was submitted
prior to the passing of the resolution, and is therefore eligible for review and consideration. For purposes of this
review, the code sections applicable to storage uses in the C-1 district have applied been applied to the subject
· equest for a limited-access self-storage uses within the C-3 zoning district.
STANDARDS FOR EVALUATING CONDITIONAL USES AND ANALYSIS
Section 11.2.D of the Land Development Regulations contains the following standards to which conditional uses
are required to conform. Following each of these standards is the Planning and Zoning Division's evaluation of the
application as it pertains to s~andards.
The Planning and Development Board and City Commission shall consider only such conditional uses as are
authorized under the terms of these zoning regulations and, in connection therewith, may grant conditional uses
absolutely or conditioned upon the conditions including, but not limited to, the dedication of property for streets,
alleys, recreation space and sidewalks, as shall be determined necessary for the protection of the surrounding area
and the citizens' general welfare, or deny conditional uses when not in harmony with the intent and purpose of this
section. In evaluating an application for conditional use approval, the Board and Commission shall consider the
effect of the proposed use on the general health, safety and welfare of the community and make written findings
certifying that satisfactory provisions have been made concerning the fbllowing standards, where applicable:
1. Ingress and egress to the subject property and proposed structures thereon, with particular reference to
automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or
catastrophe.
Ingress/egress will be solely from U.S. 1 in a manner approved by Florida Department of Transportation.
The site plan shows that there will be one (1) ingress lane and one (1) egress lane. They will be separated
by a landscaped median. Although not dimensioned on the site plan, there will be sufficient "throat"
distance so that vehicles entering the site will not be impeded by any vehicles that are exiting the parking
spaces. In addition, a gated driveway onto U.S. 1 will be for emergency vehicle exit only and is anticipated
Victoria's Closet - COUS 02-004
Page 3
Memorandum No. PZ 02-208
to experience little use. According to the survey, a four (4)foot wide sidewalk exists along the east
property line. To comply with code, during construction of the site, the sidewalk will be enlarged to five (5)
feet in width.
A traffic statement was submitted and sent to the Palm Beach County Traffic Division for their review and
approval. The Palm Beach County Traffic Division determined that the project would generate 237 new
average daily trips, and would meet the Traffic Performance Standards of Palm Beach County.
2. Off-street parking and loading areas where required, with particular attention to the items in subsection 1
above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and
nearby properties, and the city as a whole.
The proposed building will be a Iow traffic generator. This is evidenced by the findings of the Palm Beach
County Traffic Division. The parking required for the self-storage facility shall be provided at a rate of
one (1) space per 75 storage bays, plus 1 space per 300 square feet of office and 2 security spaces (see
Exhibit "C" - Conditions of Approval). A total of 14 spaces will be required since the building will have
599 storage bays and 1000 square feet of office. The plan provides a total of 17 parking spaces, two (2) of
which, are designated for handicapped use. All parking spaces will be dimensioned at least nine (9)feet in
width by 18 feet in length, except for the handicap spaces, which will be 12 feet in width by 20feet in
length.
There will be one (1) loading zone located at the rear of the building not facing U.S. 1. The loading
Area is adjacent to a one-way 15foot wide drive aisle that will provide easy access around the building
and to the loading and dumpster area. According to the applicant, because of the nature of the business,
there will be virtually no impact on adjacent and nearby properties, or the City as a whole, with respect to
glare, noise, or odor. The storage bays shall not be used to manufacture, fabricate, service or repair
vehicles, boats, small engines or electrical equipment, or to conduct similar repair activities; conduct
garage sales or retail sales of any kind; or conduct any other commercial or industrial activity on the site
(see Exhibit "C" - Conditions of Approval). All of the storage bays will be inside a wholly enclosed space
with no doors having direct access to the outside of the building.
3. Refuse and service areas, with particular reference to the items in subsection 1 and 2 above.
A dumpster enclosure with wooden gates is proposed at the southwest comer of the site. It will face north
and be angled in such a way as to facilitate the efficient removal of trash. Additional landscaping will be
required around the base of three sides of the dumpster enclosure (see Exhibit "C" - Conditions of
Approval).
4. Utilities, with reference to locations, availability, and compatibility.
Consistent with Comprehensive Plan policies and city regulations, all utilities, including potable water and
sanitary sewer will be in place prior to the issuance of a certificate of occupancy. The demand for water
and sewer capacity will be very limited.
5. Screening, buffering and landscaping with reference to type, dimensions, and character.
A buffer wall six (6)feet in height is proposed along the west property line and a llO-foot portion of the
north property line, where the subject property abuts residential property. The wail will be painted on both
sides to match the building. It will be constructed prior to the issuance of a certificate of occupancy. Staff
· Victoria's Closet - COUS 02-004
Page 4
Memorandum No. PZ 02-208
recommends that the style of the buffer wall be enhanced with details such as cornices, columns, and
multiple colors tones to match building colors (see Exhibit "C" - Conditions of Approval).
According to the applicant, the landscaping to be installed will be that of a "lush Florida Hammock".
Also, the intent is to preserve the mature Banyan Tree located at the southeast corner of the site. The
project perimeters include: a 30-foot wide landscape buffer strip along U.S. 1, a five (5)foot wide buffer
strip along both north and south sides of the project, and a 12-foot wide buffer strip at the rear (west)
adjacent to the residential property. Along the north, west, and south property lines, the landscape plan
proposes 35 Green Buttonwood trees spaced at least 1 tree for every 30 linear feet. These trees, coupled
with the six (6)foot wall will provide lower and upper level buffers between the abutting residential
properties.
6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and
compatibility and harmony with adjacent and nearby properties.
The maximum allowable wall signage area is based upon the linear frontage of the proposed self-storage
building. The ratio is based upon 1~ square feet of sign area for every one (1)foot of linear building
frontage. According to the elevations, one (1) wall sign is proposed on the north faqade. The elevations
show the location of the proposed wall sign to be centered above the building's main entrance. It will be a
back-lit sign, 54 square feet in area, with two (2)foot high letters.
The plan proposes a freestanding monument sign to be located south of the egress lane along U.S. 1. It will
be placed at least lO feet from the property line. According to the elevations, the monument sign face will
be 32 square feet in area. As proposed, the monument sign will be eight (8)feet in height and be eight (8)
feet in width. The site plan shows that the sign will be an internally lit double-faced sign-face type. The
letters and cabinet will be dark green (Sherman Williams Olive Grove #2369) on a white background. The
base will match the texture and color of the main building faqade. Staff recommends that the lettering style
and color of the monument sign shall match the wall the lettering and color of the wall sign (see Exhibit
"C' - Conditions of Approval). The site address will be identified on top of the monument sign.
Except for the required outdoor site lighting, which is consistent with Code, no additional outside lighting
is proposed that could create excessive light.
7. Required setbacks and other open spaces.
The building will meet all required setbacks of the C-3 zoning district.
8. General compatibility with adjacent property and other property in the zoning district.
In general, the proposed project is compatible with the existing commercial uses adjacent to the subject
property. There will be little or no impact to the adjacent properties or to the general area. A self-storage
facility is not considered as an intensive use. The conditions of approval clearly outline that no one can
operate a business from any of the storage bays.
9. Height of building and structures, with reference to compatibility and harmony to adjacent and nearby
properties, and the city as a whole.
Victoria's Closet is designed as a three-story building with the top of the decorative barrel tile roof to be
43feet in height. The top of the parapet wall will be 32feet - six (6) inches in height. The roofline will be
30feet in height.
Victoria's Closet - COUS 02-004
Page 5
Memorandum No. PZ 02-208
The entire building, particularly the facade facing the U.S. 1 rights-of-way, has been designed to enhance
the overall appearance of the commercial corridor. The exterior walls of this new stntcture will have
smooth stucco finish and be painted in multiple colors.
10. Economic effects on adjacent and nearby properties, and the city as a whole.
The construction of Victoria's Closet will represent the only new development in the immediate area in
many years. The proposed use will constitute additional convenience and choice for residents of the City
and neighboring residential subdivisions.
11. Conformance to the standards and requirements which apply to site plans, as set forth in Chapter 19, Article
II of the City of Boynton Beach Code of Ordinances. (Part III Chapter 4 Site Plan Review).
With incorporation of staff comments, the proposed project will comply with all requirements of applicable
sections of city code.
12. Compliance with, and abatement of nuisances and hazards in accordance with the performance standards
within Section 4 of the zoning regulations; also, conformance to the City of Boynton Beach Noise Control
Ordinance.
With incorporation of all conditions and staff recommendations contained herein, the proposed self-storage
facility would operate in a manner that is in compliance with the above-referenced codes and ordinances of
the City of Boynton Beach. In particular, the applicant will have to apply for and obtain all necessary
approvals and licenses from all applicable governing bodies.
RECOMMENDATION
Based on the discussions contained herein, in compliance with all applicable development regulations, and the
consistency with ~he Comprehensive Plan, s~aff recommends that this request be approved subject to satisfying all
Conditions of Approval as contained in Exhibit "C". Furthermore, pursuant to Chapter 2 - Zoning, Section 11.2
Conditional Uses, a time limit is to be set within which the proposed project is to be developed. Staff
recommends that a period of one (1) year be allowed to initiate this project (obtain a building permit).
MR/eli
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EXHIBIT "C"
Conditions of Approval
Project name: Victoria's Closet
File number: COUS 02-004
Reference: 2rd review plans with a Planning & Zoning date stamp marking of September 24, 2002.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments:
1. All existing and proposed utility easements shall be shown on the Site X
and Landscape Plans so that we may determine which trees may interfere
with utilities. Water and sewer lines to be owned and operated by the City
shall be included within utility easements. All proposed easements shall
be a minimum of 12 feet in width. The easements shall be dedicated via
separate instrument to the City as stated in CODE Sec. 26-33(a). In
general, palms will be the only tree species allowed within utility
easements. Canopy trees may be planted outside of the easement so that
roots and branches will not impact those utilities within the easement in
the foreseeable future. The LDR, Chapter 7.5, Article I, Section 18.1
gives public utilities the authority to remove any trees that interfere with
utility services, either in utility easements or public rights-of-way.
2. Fire flow calculations will be required demonstrating the City Code X
requirement of 1,500 g.p.m, as stated in the LDR, Chapter 6, Article IV,
Section 16, or the requirement imposed by insurance underwriters,
whichever is greater (see CODE, Section 26-16(b)).
3. Comprehensive Plan Policy 3.C.3.4. requires the conservation of potable X
water. City water may not, therefore, be used for irrigation where other
sources are readily available. Indicate irrigation water source.
FIRE
Comments: None X
POLICE
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
Comments: None X
ENGINEERING DIVISION
Comments:
4. FDOT permits will be required for the two proposed driveways and for X
the signs (ddght-tum only) to be placed within the FDOT right-of-way.
5. It may be necessary to replace or relocate large canopy trees adjacent to X
light fixtures to eliminate future shadowing on the parking surface (LDR,
Chapter 23, Article II, Section A.l.b). Unable to determine if any
conflicts exist as plans are incomplete.
6. Indicate, by note or detail, that drainage will conform to City Standard X
Drawin~ B-91007 (modified as necessary).
7. Add a note to the Landscape Plan that within the sight triangles there X
shall be an unobstructed cross-visibility at a level between 2.5 feet and 6
feet above the pavement (LDR, Chapter 7.5, Article II, Section 5.H.).
8. Indicate by note to what standard the project is to be constructed; if the X
FDOT Standard Specifications for Road & Bridge Construction and
Standard Index are to be used - the 2000 Specifications are
recommended since they contain both English and Metric units.
9. Provide written and ~aphic scales on all sheets. X
BUILDING DIVISION
Comments:
10. From the FIRM map, identify in the site data the title of the flood zone X
that the building is located within. Where applicable, specify the base
flood elevation. If there is no base flood elevation, indicate that on the
plans.
11. At time of pen'nit review, provide a completed and executed City of X
Boynton Beach Unity of Title form. The form shall describe all lots,
parcels or tracts combined as one lot. A copy of the recorded deed with
legal descriptions, of each property that is being unified, is required to be
submitted to process the form. The property owner that is identified on
each deed shall match.
12. At time of permit review, submit signed and sealed working drawings of X
the proposed construction.
13. Add a labeled symbol to the site plan drawinl~ that represents and X
DEPARTMENTS INCLUDE REJECT
delineates the path of travel for the accessible route that is required
between the accessible parking spaces and the accessible entrance doors
to the building. The symbol shall start at the accessible parking spaces
and terminate at the accessible entrance door to the building. The symbol
shall represent the location of the path of travel, not the location of the
detectable warning or other pavement markings required to be installed
along the path. The location of the accessible path shall not compel the
user to travel in a drive/lane area that is located behind parked vehicles.
Identify on the plan the width of the accessible route. (Note: The
minimum width required by the Code is 44 inches). Add text that would
indicate that the symbol represents the accessible route and the route is
designed in compliance with regulations specified in the Federal Fair
Housing Act. Please note that at time of permit review, the applicant shall
provide detailed documentation on the plans that will verify that the
accessible route is in compliance with the regulations specified in the
Florida Accessibility Code for Building Construction. This
documentation shall include, but not be limited to, providing finish grade
elevations along the path of travel.
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments:
14. The applicant should indicate on the landscape sheet SP-1 the replacement X
trees for those trees beinl~ removed from the site.
PLANNING AND ZONING
Comments:
15. The buffer wall will be painted on both sides to match the building. It X
will constructed prior to the issuance of a certificate of occupancy. Staff
recommends that the style of the buffer wall be enhanced with details
such as cornices, columns, and multiple colors tones to match the
building colors.
16. The parking required for the self-storage facility shall be provided at a X
rate of one (1) space per 75 storage bays, plus 1 space per 300 square
feet of office and 2 security spaces (Chapter 2, Section 11.O.3.d). Revise
the ~ite nlan tabular data tn reflect the cane, at infnrrnation.
17. Hedges will be required at the base of three sides of the dumpster X
enclosure (Chapter 7.5, Article Il, Section 5.J.). Staff recommends
installing hedge material (no ficus) at a minimum four (4) feet in height
around the sides of the enclosure. Also, an alternative to wood gates
should be used to maximize its life and appearance.
Conditions of Approval
4
DEPARTMENTS INCLUDE REJECT
18. The storage bays shall not be used to manufacture, fabricate or process X
service or repair vehicles, boats, small engines or electrical equipment, or
to conduct similar repair activities; conduct garage sales or retail sales of
any kind; or conduct any other commercial or industrial activity on the
site.
19. The maximum size of a storage bay shall be limited to 450 square feet. X
On the floor plan, indicate the size of each storage bay or provide a
"typical" if all bays are similar (Chapter 2, Section 11.O.l.c.).
20. Fifty percent (50%) of site landscape materials must be native species. X
Indicate the amount of native material in the plant list of the landscape
plan (Chapter 7.5, Article II, Section 5.P). On the landscape plan plant
list, separate the trees from the groundcover / shrubs. Indicate by
asterisk, the native species and ensure that at least 50% of landscape
material is native.
21. Coordinate with the City Forester / Environmentalist regarding X
theinstallation of brick pavers and palm trees within the U.S. 1 fight-of-
way.
22. Staff recommends that a period of one (1) year be allowed to initiate this X
project (obtain a building permit).
23. Staff recommends that the monument sign structure be enhanced to X
match the building architecture.
24. Staff recommends that the lettering color and style of the monument sign X
shall match the same of the wall sign.
ADDITIONAL COMMUNITY REDEVELOPMENT BOARD AGENCY
CONDITIONS
Comments:
25. Reject condition #14. The applicant should indicate on the landscape X
sheet the replacement trees for those trees being removed from the site.
26. The north, south, and west elevations shall be enhanced to improve X
appearance as well as soften the large relatively plain wall expanse. The
improvements may include but not limited to faux windows, eyebrow
awnings, decorative / vertical columns, tower feature(s), and gable
parapets with tile to match.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments: To be determined
e'~m'--:-g\SHARED\WP\PROJ ECTS\Victoria's Closet\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Victoria's Closet
APPLICANT(S): Thomas F. McCormack and Charles Highley
APPLICANT'S ADDRESS: 1 East Broward Boulevard, Suite 700
Ft. Lauderdale, FL 33301
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 15, 2002
TYPE OF RELIEF SOUGHT: Conditional Use / New Site Plan for a self-storage facility
LOCATION OF PROPERTY: 3602 North Federal Highway
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings
and recommendation of the Community Redevelopment Agency, which Agency found as follows:
OR
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the relief
sought by the applicant and heard testimony from the applicant, members of city administrative staff and
the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with the
requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set forth
on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
__ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms and
conditions of this order.
7. Other
DATED: City Clerk
S:\Planning\SHARE D\W P\P ROJECTS\Victoria's Closet\DO,doc
VI.-PUBLIC HEARING
CITY OF BOYNTON BEACH ITEM D.
AGENDA ITEM REQUEST FOI ,.
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meetinv Dates in to City Clerk's Office
[] August 6, 2002 July 17, 2002 (5:00 p.m.) [] October 1,2002 September 16, 2002 (Noon)
[] August 20, 2002 August 5, 2002 (Noon) [] October 15, 2002 September 30, 2002 (Noon)
[] September 3, 2002 August 19, 2002 (Noon) [] November 6, 2002 October 14, 2002 (Noon)
[] September 17, 2002 September 3, 2002 (8:00 a.m.) [] November 19, 2002 November 5, 2002 (Noon)
[] Administrative [] Development Plans
NATURE OF [] Consent Agenda [] New Business
AGENDA ITEM [] Public Hearing [] Legal
[] Bids [] Unfinished Business
[] Announcement [] Presentation
[] City Manager's Report
RECOMMENDATION: Please place this request on the October 15, 2002 City Commission Agenda under Public
Hearing and Legal, Ordinance - Second Reading. The City Commission approved this request on First Reading with a 4 to 1
vote, subject to all staff comments except #5, thereby allowing the buffer to be reduced to meet project design characteristics.
For further information, see attached Department of Development Memorandum No. PZ 02-188.
EXPLANATION:
PROJECT: QUANTUM PARK DRI NOPC/MASTER PLAN AMENDMENT #13
(DRIA 02-001/MPMD 02-002)
AGENT: David B. Norris, Esq., Cohen, Norris, Scherer, Weinberger & Wolmer
OWNER: Quantum Limited Partners, LLC
LOCATION: Quantum Park DRI
DESCRIPTION: Request to amend the Quantum Park DRI/Master Plan to change the permitted use on Lot
89B from "Office Industrial" (OI) to "Mixed Use" (MU); Lot 3 from Industrial (IND) to
"Office Industrial (OI); and Lot 34-C from "Reserved" to "Open Space/Detention".
PROGRAM IMPACT: N/A
FISCAL IMPACT: ~ N/A
ALTERNATIVES~
Develol~e~artment Dir'tn:tor City Manager's Signature
Planning and Zomng~lfrector O City At'~rne'~y / Finance / Human Resources
S:XPlanningXSHARED\WP\PROJECTS\Quantum Park 2002 Amend #13 + MPMDXAgenda Item Request Quantum Pk DRI-Master Plan Mod 2nd
reading 10-15-02 .dot ..
SABULLETIN'q:ORMSkAGENDA ITEM REQUEST FORM.DOC
ORDINANCE NO. 02-
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, PROVIDING FOR A
DETERMINATION WHETHER CHANGES TO THE
COMPREHENSIVE DEVELOPMENT OF REGIONAL
IMPACT APPROVED IN ORDINANCE NO. 84-51, AND
AMENDED IN ORDINANCES NOS. 86-11, 86-37, 88-3,
94-10, 94-51, 96-33, 96-65, 97-20, 99-0, 00-02 AND 01-54
CONSTITUTE A SUBSTANTIAL DEVIATION UNDER
CHAPTER 380.06, FLORIDA STATUTES, 1996, AND
WHETHER FURTHER DEVELOPMENT OF
REGIONAL IMPACT REVIEW IS NECESSARY
REGARDING SUCH CHANGES, APPROVING SUCH
CHANGES, AMENDING THE DEVELOPMENT
ORDER (ORDINANCE NOS. 84-51, 86-11, 86-37, 88-3,
94-10, 94-51, 96-33, 96-65, 97-20, 99-05, 00-02 AND 01-
54) FOR PURPOSES OF INCORPORATI]qG THE
APPROVED CHANGES, AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Riteco Development Corporation, a Florida corporation ("Riteco")
led with the City of Boynton Beach (the "City") an Application for Development
,val of Comprehensive Development of Regional Impact (the "ADA") on May 21,
regarding that certain property (the "Property") described in Exlxibit "A", attached
and made a part of her~f; and
WHEREAS, the ADA was approved and the Development Order for the Property
granted December 18, 1984 pursuant to Ordinance No. 84-51 (the "Development
; and
WHEREAS, Riteco subsequently conveyed its right, title and interest in and to the
to Boynton Park of Commerce, Inc., a Florida corporation ("Boynton Park"),
Boynton Park, in turn, subsequently conveyed its right, title and interest in and to the
~erty to Quantum Associates, a Florida general partnership (the "Developer"); and
Page I of 5
WHEREAS, the City approved previous applications to amend the Development
which applications were approved by the City in Ordinance No. 86-11, Ordinance
6-37, Ordinance No. 88-3, Ordinance No. 94-10, Ordinance No. 94-51, Ordinance 96-
Ordinance No., 96-65, Ordinance No. 97-20, Ordinance No. 99-05, Ordinance No.
and Ordinance 01-54;
WHEREAS, the City Commission of the City of Boynton Beach, as the governing
having jurisdiction, is authorized and empowered to consider applications for
to development orders approving developments of regional impact pursuant
Chapter 380.06, Florida Statutes (1996); and
WHEREAS, the City Commission has considered the testimony, reports and other
evidence submitted at said public hearing by Quantum Limited Partners
"Quantum"), the City staff and the public, and the City Planning and Development
recommendation of the 24th day of September, 2002; and
WHEREAS, said City Commission has considered all of the forgoing.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. A notice of public hearing was duly published on the 1't day of
2002, in the Palm Beach Post, a newspaper of general circulation in Boynton
Florida, pursuant to Chapter 380.06, Florida Statutes, and proof of said
been duly filed.
Section 2. The Development Order shall be amended to include the following
Page 2 of 5
Lot 3:
lot was previously designated as Industrial (IND) and shall be amended to
Office/Industrial (OI).
Lot 34C:
This lot was previously designated as "Reserved" and shall be amended to Open
Space/Detention.
89B:
lot was previously designated as Office/Industrial (OI) and shall be amended to
Use (MU). The proposed Mixed Use Designation includes office, commercial and
ddential uses.
Section 3. Master Site Development Plan Amendment No. 13 as submitted to the
a copy of which is attached hereto and made a part hereof as Exhibit "B" replaces
supersedes the Master Site Development Plan currently approved in the Development
Section 4. The Development Order includes Conditions of Approval, a copy
'which is attached and incorporated herein as Exhibit "C".
Section 5. Upon consideration of all matters described in Section 380.06, Florida
(1996), it is hereby determined that:
A. The amendments proposed by Quantum do not unreasonably
interfere with the achievement of the objectives of the adopted state land
development plan applicable to this area.
B. The amendments proposed by Quantum are consistent with the
local comprehensive plan and are, or will be, consistent with the local land
development regulations, subject to the conditions outlined above.
Page 3 of 5
C. The amendments proposed by Quantum are consistent with the
recommendations of the Treasure Coast Regional Planning Council, subject to the
conditions outlined above.
D. The amendments proposed by Quantum do not create any
additional regional impacts and therefore do not constitute a substantial deviation
under Chapter 380.06, Florida Statutes (1996).
Section 6. The City Commission has concluded as a matter of law that these
gs have been duly conducted pursuant to the provisions of Chapter 380.06,
:lorida Statutes (1996), that Quantum is entitled to the relief prayed and applied for, and
the Development Order is hereby amended incorporating the amendments proposed
as set forth in Section 2 above.
Section 7. Except as otherwise amended herein, the Development Order shall
aain in full force and effect.
Section 8. All ordinances or parts of ordinances in conflict herewith are
repealed.
Section 9. Should any section or provision of this ordinance or portion hereof,
paragraph, sentence or word be declared by a court of competent jurisdiction to be
such decision shall not affect the remainder of this ordinance.
Section 10. Authority is hereby granted to codify said ordinance.
Section 11. This ordinance shall become effective immediately upon passage.
FIRST READING this ] ~ day of 0~-/-7~ ~f'- ,2002.
Page 4 of 5
SECOND READING and FINAL PASSAGE this day of
,2002.
CITY OF BOYNTON BEACH, FLORIDA
Mawr
Vice Mayor
Commissioner
Commissioner
Commissioner
ATTEST:
City Clerk
5:ca\Oral\Quantum DRI- 2002 - Amendment No. 13
Page 5 of 5
EXHIBIT "C"
Conditions of Approval
Project name: Quantum Park NOPC Amendment # 13
File number: MPMD 02-002
Reference: 2'~ review plans identified with a September 3, 2002 Planning and Zoning Department date stamp
markin
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments:
1. With respect to the re-designation of Lots 89B and 3 the Developer shall X
provide a Traffic Impact Analysis (TIA) as noted in Staff's reviews of
Quantum Villages North and Quantum Villages East (Lot 89B), dated August
5, 2002, (provided under separate cover) which, at a minimum, evaluates the
impact of traffic (turning movements) and need for signalization. Of
particular concern is traffic congestion at the proposed intersection of High
Ridge Road and the proposed Quantum Villages North and Quantum Villages
East (Lot 89B). The TIA must be provided at time of Master Site Plan
submittal for Lot 89B and Quantum Village-North.
UTILITIES
Comments:
2. The applicant (through his design engineering consultant) needs to X
demonstrate that: a.) sufficient utility system capacity is available to support
the proposed modifications to the previously approved land uses to the north
of Gateway Boulevard; or b.) that the necessary upgrade(s) to the system(s)
will be provided to allow for the proposed use(s) at time of Technical Site
Plan Review.
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
Comments: None X
BUILDilVG DIVISION
Comments: None X
PARKS AND RECREATION
Comments:
3. All residential development planned for this area will be subject to the Park X
and Recreation Facilities Impact Fee.
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments:
4. Under the condition of Amendment #8 to the Quantum Park Development X
Order and Chapter 3, Article IV of the Land Development Regulations, a
traffic analysis is required for this Master Plan approval. In lieu of an
independent traffic consultant, the staff and the Palm Beach County Traffic
Division will review the traffic study. The project must meet the Palm Beach
County Traffic Performance Standards.
5. If Lot 89B is developed as residential, it must meet the buffer requirements of
the Quantum Park Peripherial Landscape Buffer Plan and the PID buffer X
requirements in the land Development Regulations. No waivers are allowed.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
I. Omit Comment #5 allowing buffer plan to be reduced and project setbacks as X
proposed or adjusted.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined.
S:~lanning\SHARED\Wl~PROJECT$\Ouantum Park 2002 Amend #13 + MPMD\COA.doc
DEPART.ME:N- OF "' E',"ELOP,MENT
MEblORAt'iOU,*,I biO. ,cZ 02-188
-~". Chairman and
Planning and Development B~.~rd
THROUGH: Michael Rumpf
Planning and Zoning Director
FROM: Lusia Galav, AICP.
Pnnc~pal Planner
DATE: September I 1,2002
SUBJECT: Quantum Park - DRIA 02-001,MPblD 02-002
Master Plan Amendment .~13
NATURE OF REQUEST
Quantum Park of Commerce (a.k.a. Quantum Park PID) is a partially built-out Development of
Regional Impact (DRI) comprised of 553.13 acres, zoned Planned Industrial Development
(PID). It is located on the west side of 1-95, be~,veen Miner Road extended and the Boynton
Canal - (C-16). (See attached Exhibit "A" - Location Map). The applicant, blFT Development,
Inc. is requesting an amendment to the Quantum Park DRt Deve!opment Order (D.C.) adopted
December 4, 1984 by Ordinance No. 84-51. The original D.C. was suPsequently amended i i
times by Ordinance Nos. 86-11, 86-37, 88-3, 94-10, 94-51, 96-33, 96-65, 97-20, 99-05, 00-02
and 0!-54. The City Commission denied Amendment -'11 on February 20, 2001. The current
Master Plan for Quantum Park is provided in Exhibit "B" - Existing Master Plan.
Amendment #13 proposes three changes including amending the existing use designation on
Lot 89B in the Master Plan to the "Mixed Use" designation. All requested changes are depicted
in Exhibit "C" - Proposed blaster Plan and described as follows:
1) Change in the blaster Plan designation of Lot 89B from Office/Industrial (OI) land use to
Mixed Use (MU). The proposed Mixed Use designation includes office, commerc~af and
residential uses;
2) Change in the Master Plan designation of Lot 3 from Industrial () land use to
Office/industrial (OI); and
3) Change in the blaster Plan designation of Lot 34.-C from "Reserved" to Open Scape,.'
Detention.
BACKGROUND
An amendment to a Development of Regional Impact (DRI) is first and foremost governed by
Florida Statutes Chapter 380.06 (1 9) - Substantial Deviations. The applicant has submitted a
Notice of Proposed Change (NOPC) in accordance with the statutory requirements. The NOPC
Ouan'~um Park - ORIA 02-C0!,.MPMO 02-0C2
Memorandum No. PZ 02-188
is reviewed by the Ficrida Department ~;f C.:m..m~.,'-;:'/ ,-,,,:.~,o ,,-,C.-.; = , --~ ..... :.~-,
Regional Planning Council (RPC) and The C~t7. T,he C_,CA ac.c, tr'e RPC are reviewing t2e
proposed NOPC and will provide comments ,~.lu, ,.¢ .... ..,r,~c=u,.,,_= au;fir'ed in Chac:er380.0c
The City's Land Development Regulations Chapter 15. Sec. 4..3A redulres a preliminary rev~e',v
by the Planning and Development Board of .an amendment to a ORI. Chapter 380.06 F.S.
requires that the local governing body hold a puOiic hearing to rev:ew and approve the lxJOPC.
The City Commission is required to determine whe(her :he proposed change to the ,.QuanTum
Park DRI is or is not a substantial deviation as defined in Chapter 380.06 ('i9). If it is determined
that the requested change is a substantial de,,,'iaticn then ¢, ,rther review ,,viii be required pu:suer-'
to the statutory requirements. If the City Commission determines that the proposed change is
not a substantial deviation then they may take action to approve or deny the requested change.
The original DRI Development Order adopted a Master Plan for Quantum Par'<. That Master
Plan has been amended over the years, the latest change being approved on ~Xlovember 6.
2001. The proposed Amendment #13 alters the approved land uses for that Mas~er P!an.
Therefore the review of the DRI amendment also constitutes a review of the changes to the
Master Plan for Quantum Park. In addition to the state statutes, staff has reviewed the Master
Plan in accordance with Land Development Regulations Chapter 2, Section 7, Planned
Industrial Development and Chapter 3, blaster Plan Approval. First review comments were
generated and the Technical Review Committee (TRC) reviewed the Master Plan changes on
September 3, 2002.
ANALYSIS
Notice of Proposed Ohan.qe (NOPO) - Substantial Deviation
The criteria for determining if a proposed change to a DRI is a substantial deviation are outlined
in Chapter 380.06 (19). In reviewing the statute section staff determined that only one of the
criteria applies to the proposed changes for Quantum Park DRI. This criterion, which is
applicable for review of this proposed change is provided in Chapter 380.06(19)(e)5., which
states: "The following changes to an approved development of regional impact shall be
presumed to create a substantial deviation. Such presumption may be rebutted by clear and
convincing evidence".
4. Chapter 380.06(19)(e)5.c., Notwithstanding any provision of paragraph (b) to the
contrary, a proposed change consisting of simultaneous increases and decreases
of at least two of the uses within a authorized multiuse development of regional
impact which was originally approved with more than three uses specified in
380.0651(3)(c), (d), (f) and (g) and residential use.
As part of the NOPC application the applicant is to complete a "Substantial Deviaticn
Determination Chart". The applicant has 0rovided an updated chart. Amendment ~13
involves changes to five land usa categories: Industrial. Off:ce/Industr'al, Mixed Use
(includes Residential), Reserved and Open Space. There is a loss of Industrial acreage,
but the allowable square footage thresholds would not change on the Master Plan. Also.
the proposed Mixed Use designation for Lot 89B would not add residential units to the
blaster Plan. These changes are reflected in the "Notes" section on the Master Plan.
Cua~t,.;m Park - CRIA 02-C01,MPMD 02-002
,Memorandum No. PZ 02-188
The proposed increase and decreases are presumed :3 ma.~:a:,~ :~e ,,est-:.;
generation level of 63,752 average ,da~l,/ :r:c,s ~,~,DT).
Conclusion
The proposed changes delineated in Amendment -.-13 are determined nc~ ~o Se a substantial
deviation per Chapter 380.06 (19) of the Ficrida Sta,',utes. The applicant has provided the
Substantial Deviation Table and a traffic s,ud,, to provide clear and convincing evidence of a
non-substantial deviation finding. This determination is subject to satisfying ConDition of
Approval #4 regarding Palm Beach County Traffic Performance Standards.
Master Plan Modification
The proposal submitted for the NOPC modifies the aoproved Master Plan for the Quantum Park
DRI. There are three major changes proposed. The applicant provided the fotlowir~g descriptive
summary of these changes.
Lot 89B (4.00 Acres)
Lot 89B was previously designated as Office/industrial (OI) Land Use. The Land Use has been
revised to "Mixed Use (MU)". The proposed Mixed Use Land use designation includes office,
commercial and residential uses.
Lot 3 (4.07 Acres)
The Land Use of this lot is currently designated as Industrial (IND) Land Use. The Land Use has
been revised to "Office/industrial (OI)". This lot previously was designated as Office/Industrial
(OI) and revised to the current Industrial (IND) designation by Amendment No. 10.
Lot 34-C (6.,58 Acres)
The Lot 34-C Land Use is currently designated as Resen/ed. The R_s~rved Land Use
designation was approved as part of the Master Plan amendment No 12 approval. The
conditions of approval for Amendment No. 12 acknowledged the need for the City to address
the Open Space requirements for the entire development prior to a developable Land Use
designation for Lot 34-C.
The Land Use designation for Lot 34-C is proposed to be removed from the "Referved"
designation and included, as it was previously, in the Open Space/Detention designation. The
reason for this request is described below.
Subsequent to the approval of Amendment No. 12, Quantum Community Development
(QCOD} had acquired Lot 34-C. The QCDD is the public entity resconsible for the maintenance
Secondary Drainage Systems within the development. The acquisition of Lot 34-C by the QCDD
removes the land from the available developable acreage. The QCOD purchased the property
to address the preserve and open space requirements of the Development Order, to address
security issues relative to the sand pine preserves and to provide additional land area for
dra!.nage purposes as necessary to accommodate the vested future development.
Quantum Park- ,..., m"" "" l A 02-C01,MPMO 02-C02
Memorar~c!um ,No. PZ 02- ~ ,68
Tacle 1 provides the proposed acreage charges to :he CRI Master Plan.
TABLE 1' DRI MASTER PLAN LAND USE ACREAGE CHANGES
Land Use Designation Proposed Acreage ORIA Existing Acreage Change
#13
Industrial(i,ND/ ~ 97.18 ~'3:25 '37
Office/Indusmal rOI) i 79.82 7375 03T
Mixed Use I 9486 9035 43
Ocen Soace t 88.78 82.20 5.58
=ese¢/ed ; 0 5 ~ 5 ~3
Ail other categories on the Land Use Acreage Table remain :he same as acprove~
Amendment ~12. The Quantum Park DRI acreage :ora! of 553.13 remains unchanged.
The Quantum Park DRI has been amended 11 times over the years, wh,cn ~s nc( unusual ~cr a
DRI of this type. The Florida Statute governing the DRI process, Chapter 380.06(19). provides
for and anticipates amendments stating "There are a variety of reasons why a developer may
wish to propose changes to an approved development of regional impact, including c~aaged
market conditions".
These proposed changes to the Master Plan were analyzed from two cerspectives. The first is
the potential for creating additional regional or local impacts. The second is the consistency and
compatibility of the proposed changes with ~he regulations and policies adopted by the City
through the Comprehensive Plan, Land Oevelopment Regulations and ot~er applicable stucies
such as the Visions 20/20 plan.
Impacts
Reaional
A development has gone through the ORI process because the projected impacts are
considered regional in nature. Any change to that development must be analyzed to de[ermine if
the changes proposed create additional impacts above and beyond what was originally
identified and mitigated. In the case of the Quantum Park DRI the major issue is whether there
will be aa increase in traffic resulting from the land use redistribution/redesignation.
A provision in Amendment ~8 to the Quantum Park development order requires that" A traffic
study shall be submi~ed with any future application requesting a change in use designations cn
any lot. The City shall hirs, at the app':tzm's s:<;-z-ss, 2,~ ,..~2::.==..
review the study". In lieu of an indegend~c: .... ':- ' ' '
Depa~ment Director, a designated TRC member, conducted the review of the traffic study. The
apolicant has also transmi~ed the traffic study to the Palm Beach Count'/ Traffic Division for
t~eir customary review and approval.
Based on the TRC review of the Master Plan, including the traffic study, no additional regional
impacts are evident. The vested number of trips, 63.752 is presumed to remain unchanged due
to the balancing of increases and decreases in the intensities of the proposed changes to the
land use designations. The Palm Beach Ccunty Traffic Division has not released the results cf
their review at this time.
¢_,uart,'um Par'< - ORIA 02-C01JMPMD 02-002
.Memorandum No. PZ 02-188
The Department of Community Affairs anc the Treasure Coast Regional Plann~ng Ccunc:l focus
their review of the amendment on regional ;ssues exc!usivety. Staff has ncr ,/~I.~ received a
formal written response from these agencies. It s a..nr.:c.,catec '.Pat the ~:;t','
from both agencies before review by the City Commiss',on.
Local
The focus of the substantial deviation determination is regional impacts. The development order
for the DRI is a local order and the approval of any requested changes is ,,vi~hin the jurisdiction
of the city. As such, the city's main focus is local issues and impacts. There were no significant
local issues identified by the TRC members .~t this Lme. The U,,,i, =o
~k .......-.... :':,as indicated
that any unforeseen impacts to the water and sewer systems and related levels of service will
be borne by the developer. The updated Traffic Impact Analysis submitted with the request for
amendment indicates that there will be no increase in the allowable intensities of development.
The traffic generation levels wilt remain within the limits for whict~ the DRI is vested. Turning
movements and signalization issues can be evaluated and addressed at the Master and
Technical Site Plan stage. Drainage will also be reviewed in detail as part of the Master and
Technical site plan approvals, and must satisfy all requirements of the city and local drainage
permitting authorities.
Consistency and Compatibility with City Policies
Of the three changes proposed by the applicant only Lot 89B presents issues that are contrary
to city policies. The three proposed changes are discussed below.
Lot 3 - This lot was inadvertently changed from Office/Industrial (OI) to Industrial (I) in NOPC
#10. The site has an active site plan approval which requires the PI designation to allow the
permitted development of an office/warehouse with office use comprising more than 20% of the
square iootage permitted under an "lndus~iai" cniy des;gna[~on. The applicant is proposing the
change to rectify this situation.
Lot 34-C - This lot was designated as "Reserved" in the last DRI Master Plan amendment -"'12.
The "Reserve" category is a non-development designation. This lot was never des/gna[ed for
development and has been included in the Open Space category until Amendment #12. The
applicant wanted to place an "Industrial" designation on the lot. Staff objected and the
compromise "Reserved" category was initiated until the city and developer could determine the
most appropriate use for the site. Subsequently, the developer sold the parcel to the Qpantum
Community Development District (QCDD) for detention/retention and open space. This is
consistent with the intended use of the site in ,~,~,.,,= cr~r-;n~-~._, ~. mrna,, ~"orcva!._...
Lot 898 - Lot 89B is a four (4) acre lot located in the northeast corner of the Quantum Park PID.
The current Master Plan designation is Office,/ Industrial (OI). It is an rregularly-shaDed lot
located east of High Ridge Road. The applicant has provided the following iustification for
changing the tot to Mixed Use (MU).
Lot 89B is adjacent to Lots 83 through 88. Lots 8S through 88 are designated as Mixed
Use. It has been determ:'ned t,hat to enhance the Mixed Use concept, as weft as the
residential component to that concept, the addition of Lot 89B is necessary and
appropriate. The inclusion of lot 89B as Mixed Use w/ii enhance the proposed
development of Lots 83-88, which will Oenefit the entire Quantum Park as well as the
Quantum Park - ORtA 02-001,.MPMD 02-C02
'¢emorandum ',lo. PZ 02-188
C~ty. T, here really is no down side to :.r¢s c,~,ange, as this grocery .cas cee.c -:;ttrng '/~c.?r
for many, many years, and as such. apparent,',,/ is ncr desirable /n ~.ee marker /cr
development as Office or Industrial.
First, Lot 89B is not "adjacent" to Lots 83 -88. It is across High Ridge Read which ~s a four lane
divided local collector. Second, there is existing and proposed office. ,ncustrial and commercial
development surrounding Lot 89B as descr?sed further ~elow.
North - Lot 89-A designated Office/Industrial (OI) and occupied ~,y Ed Carey Design,
(Design, manufacturing, storage and distribution of d~cor elements) and deveioped !and,
outside of Quantum Park, with an industrial land use designation and zoned M-l;
South - Right-of-way for High Ridge Road and Lot 90(portion) designated
Office/Industrial (OI) developed as Gateway Professional Building;
East - Lot 90(portion) designated Office/Industrial (OI) developed as Gateway
Professional Building and Lot 90(portion) designated Government/Institutional (G&I))
developed as the TriRail public transportation station;
West - Lot 89-A designated Office/industrial (OI) and occupied by Ed Carey design and
right-of-way for High Ridge Road..
Farther south in this northeast portion of Quantum Park is Lot 9! designated
Office/Industrial/Commercial on the Quantum Park Master Plan. It is located on the northeast
corner of High Ridge Road and Gateway Boulevard. The northern border is an access drive for
the TriRail station. This parcel was originally approved for an ice skating rink but the site plan
expired. Now it is the subject of an Use Approval application for a gas station/truck
stop/convenience store and a Conditional Use/Site Plan application for a fast food restaurant
with a drive-through facility. The applicant's argument that Lot 89B is not suitable for office or
industrial is not consistent with the nature of development occurring around it.
Simultaneously with this NOPC application, Quantum is requesting Master Site Plan approval
for Lots 83-88 designated Mixed Use on the Master Plan. These lots were the first to be
designated Mixed Use with the approval of Quantum Park DRI Master Plan Amendment #10.
This proposed Master Site Plan provides for commercial development along Gateway
Boulevard and 136 fee simple townhomes on the balance of the site. An additional six (8) rental
units are proposed to be located in the commercial portion of the site integrated with office use.
Aisc submitted is a Master Site Plan for Lot 89B that continues the townhome portioq of the
development with 39 units proposed. If these two Master Site Plans were approved they would
use the balance of residential units permitted for Quantum Park.
Mixed Use, including residential, commercial and office is permitted on lots 83-88. These lots
are the last available designated for this ty0e of develooment in Quantum Park. The city's
originai intent in approving the "Mixed Use" designation was to allow ~ne Ceveiopmem of nec-
traditional and new urbanism design concepts. This has not occurred, nor is it evident in the
two Master Site Plans submitted. Considering the intent of the mixed use designation it would
be more appropriate to incorporate the remaining 39 units into the site plan for lots 83-88.
The location of lot 89B is not conducive to residential development as it is surrounded by non-
resi'dential uses. The future residents will be homeowners who may object to specific industrial
uses located adjacent to them..This incompatible situation is contrary to the intent and purpose
Quamum .=ark - DRIA 02-00!,.MPMD 02-002
MemoranCum No. PZ 02-188
of a planned industrial park. Aisc, the argument C'/ ~= acciica2, t
,yes,. ~s flawed. There ~s no ~og~ca~
development of the mixed use on Lots 83-88 located to the
connection between Lot 89B and the lots to the ,,vesL The aP01icaticns fur the Master S[~e Pans
icc=.=._ c~ the res~cent~a!
indicate that the recreation area will be ' -'- ~ ~. - .... ~c ~ . _
,,vest and will be used by the residents in 898. Automobiles as well as ;edestr;ans must cross
High Ridge Road, a four-lane divided roadway to access the pr~nc~oai projec:. This is not a
signalized intersection nor is it proposed to be cae. Safety and access are majcr concerns since
this potion of High Ridge Road is located cna curve and carries a s~gnificant amount cf truck
traffic from the industrial area to the no~h.
Additional arguments against the change for 89B to mixed use are provided in the City's
Comprehensive Plan policies.
Policy 1.19.2 of the Land Use Element addresses the provision cf tancs for Industrial
development and reads as follows:
"The City shall provide continued effo~ to allow for industrial acreage which can
accommodate the approximate industrial employment which has been projected in the
Future Land Use Element, and prohibit conversion of land designated "Industrial" on the
currently adopted Future Land Use Map unless such conversion would generate a range
of employment choices for current and future residents, provide goods and services of
regional impo~ance, and retain regional fiscal and economic significance."
Policy 1.19.4 states '~he city shall continue to encourage and enforce the development of
Industrial land as industrial parks or concentrated industrial areas in order to maximize the
linkage between complementaw industries".
The 1989 Comprehensive Plan contains policies dealing with the general incompatibilities
be~een "Industrial" and "Residential" land uses and recommends physical separation and
buffering to ameliorate those effects. The proposed location for the 39 townhome units on Lot
89B is adjacent to prope~ies developed for industrial and office uses.
There is no adequate justification provided by the applicant to conve~ lands earmarked for
development as an employment center to residential development. If one of the goals of the
City is to maintain a jobs/housing balance, as lands designated for employment-based
development are reduced, a corresponding need for housing diminishes. Othe~ise, the Ci~
becomes merely a bedroom communi~ for other, more successful, employment centers in the
Count.
Conclusion
As indicated herein, the impacts of the proposed IDRI amendments on the utility systems,
roadways and public facilities are either within the existing capacities or aCditional provisions will
be required of the developer to ensure that levels of service standards are not compromised.
Regarding the conversion of Lot 89B from Office/Industrial to Mixed Use (MU), there has been
no justification presented by the applicant that would refute the findings contained herein, nor
specifically justify its conflict with the Comprehensive Plan or its disadvantages regarding
location. If it is the intent of the applicant to develop all of the allotted 1000 residential units,
they can be located on the existing mixed use designated lots. This can be accomplished by
using a new urbanism design that integrates the residential units with office or commercial in
Quantum Park - DRIA 02-C01,,MPMO 02-002
Memorac, dum No. PZ 02-:88
one building as originally proposed and usec r_,y the apciicant to ]us:;f7 a ;re,,'~cus ~'iOPC
application.
RECOMMENDATIONS
Pursuant to Florida Statutes, Chapter 380.06(19) Substantial Deviations, the app;icant nas
demonstrated by clear and convincing evidence that the proposed change is not a suiostantJal
deviation requiring additional development of regional impact review.
Regarding the proposed modifications to the Quantum Park Master Plan staff reccmmencs
approval of designating Lot 3, Office/industrial (OI) and designating Lot 34-C. Open
Space/Detention.
Based on the analysis presented above, staff recommends denial of the request to designate
Lot 89B "Mixed Use". If the request for Lot 89B is approved staff recommends that Lot 89B, if
developed exclusively as residential, at a minimum be buffered from adjacent non-residential
uses in accordance with the requirements of the Quantum Park Buffer Plan and the PID buffer
requirements in the Land Development regulations. No waivers should be granted from these
buffer requirements (see conditions of approval Exhibit "D").
S ,.pI..ANNING\$HARED\WP~PFIOJECT$',QUANTUM I=AFIK 2002 AMEND ~,t3 * MPMCtCRIA 02-O0f',$TAF~ REPORT ~,13DCC
EXHIBIT
~O_GAT."- 'ION ~MAP :?' '-'""*'*:'"':':'-~''-
~ITY
3
OF COMM
,N T I...I M
PI.C)
"MOTOROLA
t
- 0 1/8 M
i~1~ "Ii _, '0 4.00. '800 FEET' ..- .... ~!
EXHIBIT "B"
EXISTING MASTER PLAN
'
PROPOSED MAST R PLAN
EXHIBIT "D"
Conditions of Approval
ProJect name: Quantum Park NOPC Amendment = l 3
File number: MPMD 02-002
Reference: 2"u review plans identified with a September 3. 2002 Planmng and Zoning Department date stamp
markmz.
DEPARTMENTS [ INCLUDE, R_EJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments:
1. With respect to the re-designation of Lots 89B and 3 the Developer shall X
provide a Traffic Impact Analysis (TIA) as noted in StafFs reviews of
Quantum Villages North and Quantum Villages East (Lot 89B). dated August
5, 2002, (provided under separate cover) which, at a minimum, evaluates the
impact of traffic (turning movements) and need for si~alization. Of
particular concern is traffic congestion at the proposed intersection of High
Ridge Road and the proposed Quantum Villages North and Quantum Villages
East (Lot 89B). The TIA must be provided at time of Master Site Plan
submittal for Lot 89B and Quantum Village-North.
UTILITIES
Comments:
2. The applicant (through his design engineenng consultant) needs to X
demonstrate that: a.) sufficient utility system capacity, is available to support
the proposed modifications to the previously approved land uses to the north
of Gateway Boulevard; or b.) that the necessary upgrade(s) to the system(s)
will be provided to allow for the proposed use(s) at time of Technical Site
Plan Review.
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Conditions of Approval
DEPARTMENTS I'NCLUDE REJECT
Comments: None X
BUILDING DIVISION
Comments: None X ,
PARKS AND RECREATION
Comments:
3. All residential development planned for this area will be subject to the Park X
and Recreation Facilities Impact Fee.
FORE STER/ENVIRON,-%IENTALIST
Comments: None X
PLANNING AND ZONING
Comments:
.1. Under the condition of Amendment #8 to the Quantum Park Development X
Order and Chapter 3, Article IV of the Land Development Regulations, a
traffic analysis is required for this Master Plan approval. In lieu of an
independent traffic consultant, the staff and the Palm Beach County Traffic
Di~-ision will review the traffic study. The project must meet the Palm Beach
County Traffic Performance Standards.
5. If Lot 89B is developed as residential, it must meet the buffer requirements of
the Quantum Park Peripherial Landscape Buffer Plan and the PID buffer X
requirements in the Land Development Regulations. No waivers are allowed.
ADDITION,'-LL PLA.NNE~G & DEVELOP,~LENT BOARD CONDITIONS
Comments:
1. Omit Comment #:5 allowing buffer plan to be reduced and project setbacks as X
proposed or adjusted.
ADDITIONAL CITY CO~IMISSION CONDITIONS
Comments:
1.' To be determined.
S:\Pfanning\SHARED\WP\PROdECTS\Quantum Park 2002 Amend #13 + MPMD\CO~,.doc
VII.-CONSENT AGENDA
ITEM B.1.
CITY OF BOYNTON BEACI
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meetinlt Dates in to Qity Clerk's Office Meeting Date~ in to City Clerk's Office
[] August 6, 2002 July 17, 2002 (5:00 p.m.) [] October 1,2002 September 16, 2002 (Noon)
[] August 20, 2002 August 5, 2002 (Noon) [~ October 15, 2002 September 30, 2002 (Noon)
[] September 3, 2002 August 19, 2002 (Noon) [] November 6, 2002 October t4, 2002 (Noon)
[] Scptemberl7,2002 Septembcr 3, 2002 (8:00a.m.) [] November l9, 2002 Novcmber5,2002(Noo~,V~ _
[] Administrative [] Development Plans
NATURE OF Consent Agenda [] New Business --: ._ ..'~
AGENDA ITEM [] Public Hearing [] Legal ~ -:5,7-.
[] Bids [] Un_finished Business co
[] Announcement [] Presentation
[] City Manager's Report
RECOMMENDATION: Motion to award the Request for Proposal for the "Three-Year Lease for Concession
Operations at Boynton Beach Municipal Beach, Oceanfront Park, RFP #077-2710-02/KR -AND- to approve the terms
of the lease agreement. Annual lease payments will be made to the City of Boynton Beach.
EFFECTIVE DATE OF LEASE: November 1, 2002 to October 31, 2005
EXPLANATION: In a continuing effort to find ways to improve our programs and services, the Recreation
Department requested the initiation of a Request for Proposal in which the amount of lease offered to the City, menu
and quality of items offered for sale, qualifications of staffing, references, and proven ability be reviewed. On
October 1, 2002, Commission approved the acceptance of the proposal from Partner Plus, Inc., the concessionaire
receiving the highest number of points from the appointed Evaluation Committee upon review. The City Commission
also approved negotiations for a lease agreement between the City and Partner Plus, Inc.
PROGRAM IMPACT: The purpose of the lease agreement is to manage and operate the food and beverage services
at Oceanfront Park. The terms of the new lease clearly indicate that Partner Plus, Inc. must provide services
pursuant to this agreement, and lists customer service standards that must be adhered to in the performance of the
agreement. Wally Majors, Recreation Director, recommends award to Partner Plus, Inc. and approval of the
negotiated lease agreement.
FISCAL IMPACT: Thi~ lease agreement will increase revenues to the budget from $12,000 per year as outlined
below:
REVENUE ACCOUNT ANNUAL INCOM~E
Snack Bar Rental Lease Agreement
001-0000-362-79-00 $ 20,400.00 Year One
$ 21,600.00 Year Two
$ 22,800.00 Year Three
S:~BULLETIN~ORMS~AGENDA ITEI~ REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
ALTERNATIVES: Do not approve the agreement, and renegotiate a new lease.
veputy Director of Financial Se~?ices / ~ IEity Manager's Signature
Procurement
Services
/// City Att~e~ / Finance / Human
Resources
Department Name
cc: Wally Majors, Recreation Director
Jeff Livergood, Public Works Director
John Wildner, Parks Director
File
S:~BULLETINN:ORMS~AGENDA ITEM REQUEST FORM.DOC
RESOLUTION NO. R 02-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, APPROVING
THE PROPOSAL OF PARTNER PLUS, INC., FOR THE
THREE-YEAR LEASE FOR CONCESSION
OPERATIONS AT BOYNTON BEACH MUNICIPAL
BEACH, OCEANFRONT PARK, RFP #077-2710-02/KR,
AND APPROVING THE TERMS OF THE LEASE
AGREEMENT; AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE SAID AGREEMENT, AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on October l, 2002, the City Commission approved the acceptance
of a proposal fi.om Partner Plus, Inc., for the concessionaire operations at Boynton Beach
Municipal Beach, Oceanfront Park, and authorized staff to enter into negotiations for a
lease agreement with Partner Plus, Inc.; and
WHEREAS, the City Commission deems it to be in the best interests of the
:itizens and community to approve the award of proposal to Partner Plus, and enter into a
Lease Agreement between the City and Partner Plus, Inc.;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
IOF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida,
hereby approves the proposal of Partner Plus, Inc., for the concessionaire operations at
Boynton Beach Municipal Beach, Oceanfront Park, and directs and authorizes the Mayor
and City Clerk to execute a Lease Agreement, a copy of which is attached hereto.
Section 2. That this Resolution shall become effective immediately.
S:\CAURESO~Agreements\Bid Awarcls~Proposal Award -Partner Plus.doc
PASSED AND ADOPTED THIS ~ day of October, 2002.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
;T:
City Clerk
~orate Seal)
;:\CA\RESO~Agreements\Bid Awards\Proposal Award -Partner Plus.doc
CONCESSION LEASE AGREEMENT
OCEANFRONT PARK
THIS AGREEMENT, made and entered into this day of
2002, by and between the CITY OF BOYNTON BEACH, FLORIDA, hereinafter
referred to as "CITY", and PARTNER PLUS, INC., a corporation organized and existing
in the state of Florida, hereinafter referred to as "CONCESSIONAIRE."
1. Contract Objectives
The CITY shall grant to the CONCESSIONAIRE, as an independent contractor,
the exclusive right and the CONCESSIONAIRE shall accept from the CITY the
exclusive right to operate within the designated City facility (hereinafter
"Premises"):
A. Concessions in order to provide food and beverage services for the daily
use of residents and visitors to Boynton Beach Municipal Beach Park,
located at 6415 N. Ocean Boulevard, Ocean Ridge, Florida.
B. The CONCESSIONAIRE agrees to sell on the concession site food and
beverages as allowed by the Town of Ocean Ridge variance granted to the
CITY for the exclusive use by residents and visitors to the Boynton Beach
Mtmicipal Beach at Oceanfront Park.
C. CONCESSIONAIRE shall perform the services identified in Exhibit "A",
which is attached hereto and made a pan hereof, including the provision of
all labor, materials, equipment, and supplies necessary to perform such
services.
D. This Agreement is entered into as a result of the solicitation for bids and
the response by CONCESSIONAIRE under the "RFP for Three-Year
Lease for Concession Operations at the Boynton Beach Oceanfront Park,"
~ 077-2710-02/KR., said RFP and response by CONCESSION,MR.E
dated August 28, 2002, are specifically made a pan of this Agreement. In
the event of a conflict between the documents constituting this Agreement,
the following order of precedence shall apply:
1. This Agreement and Exhibits "A" and "B";
2. Response to RFP#077-2710-02/KR submitted by
CONCESSIONAIRE and dated August 28, 2002; followed by
3. RFP#077-2710-02/KR.
Beach Concession 2002 1
Rev. 09-25-02
2. Leasehold Premises
CITY agrees to lease to CONCESSIONAIRE a portion of the designated CITY
facility located at the Boynton Beach Municipal Beach at Oceanfront Park and
more particularly described, as "the concession building, located on the central
boardwalk within Oceanfront Park, is a wooden structure of approximately 260
square fee ("Premises"). The structure is designated as the "snack bar," and is
owned by the City of Boynton Beach, Florida and operated for the selling of food
and beverages for beach patrons.
3. Term of Lease
This Lease Agreement shall have a term of three (3) years, beginning on
November 1, 2002, unless sooner terminated as otherwise provided in Section 8
of this Agreement. Upon the mutual consent of the CITY and the
CONCESSIONAIRE and a determination by CITY of adequate performance, and
upon the same terms and conditions, this Agreement may be extended for two
additional terms of one year each. Any extension shall be evidenced by an
Extension of Agreement, approved by the City Commission of CITY, and
executed by the parties.
4. Compensation
The CONCESSIONAIRE agrees to pay the CITY the monthly rental fee in
accordance with the schedule more particularly set forth in Exhibit "B", attached
hereto and made a part hereof for the term of the Agreement. Said payment shall
be made in advance and received by the City on or before the 1st day of each and
every month. A late fee in an amount equal to 15% of the monthly rate will be
charged each month for payments received after the 5th day of each month. Any
payment not received by the 25th day of the month shall be subject to an additional
15% late fee and shall be grounds for termination of the Agreement.
5. Insurance
A. The CONCESSIONAIRE agrees to indemnify and save harmless the
CITY from all suits, claims, damages, and actions of any kind or nature of
injury arising out of the acts, omissions and negligence
CONCESSIONAIRE, its agents, servants, employees, contractors and
suppliers, arising out of its operation under this Lease Agreement.
Beach Concession 2002 2
Rev. 09-25-02
B. The CONCESSIONAIRE shall secure and maintain for the duration of this
Lease the following insurance coverages:
1. Comprehensive general liability in the minimum amount of One
Million (5;1,000,000) Dollars per occurrence and One Million
($1,000,000) Dollars aggregate for personal injury; and One
Million ($1,000,000) Dollars per occurrence/aggregate for property
damage. The liability policy shall specifically name the City as
additional insured.
2. Property damage to the full insurable value of all property involved
in the Lease Agreement.
3. Workers Compensation Insurance in full compliance with the State
of Florida Workers Compensation Law.
4. Fire, Theft, Vandalism and Extended Coverage in a sufficient
amount to insure CONCESSIONAIRE for such loss to its own
equipment and that of its suppliers which CONCESSIONAIRE
shall elect to place or install on the Premises. Such a policy shall
contain standard waiver of subrogation clause and a certificate of
such endorsement shall be furnished to the CITY.
C. All policies of insurance shall be issued by insurance companies licensed
to do business in the State of Florida and having a current rating by A.M.
Best Co. of "B+" or better. All policies shall contain an endorsement
providing the Risk Manager of the CITY at least thirty (30) days prior
written notice in advance of any material alteration of cancellation of said
policies. Certificates of Insurance shall be provided to the Risk Manager
of CITY prior to the commencement of the term of this Lease Agreement.
6. General Conditions
A. CONCESSIONAIRE shall pay CITY a security deposit in the amount of
One Thousand and 00/100 ($1,000.00) Dollars prior to the effective date
of this Lease agreement, which will be returned to CONCESSIONAIRE at
the end of the Lease term, without interest, upon a determination by the
CITY Parks and Recreation Director that CONCESSIONAIRE fulfilled all
terms of the Lease and left the Premises in the same condition as the
Premises were in at the beginning of the Lease term, normal wear and tear
excepted.
Beach Concession 2002 3
Rev. 09-254)2
B. The CONCESSIONAIRE shall be open for operation seven (7) days per
week under the following schedule: 10:00 A.M. to 5:00 P.M. with the
option to expand hours to include 9:00 A.M. to 6:00 P.M. This schedule
shall be strictly adhered to by CONCESSIONAIRE, unless permission to
close early is granted by the chief City official on duty at the beach during
the time in question. Expanded hours are at the discretion of the
CONCESSIONAIRE. Total available hours are subject to the rules and
regulations of the Town of Ocean Ridge. Exact times of opening and
closing may have seasonal variations if approved by the City Manager.
Hours of operation shall be consistent and strictly adhered to by
CONCESSIONAIRE.
C. The CONCESSIONAIRE shall be responsible for prompt and full
payment of all utility bills related to the CONCESSIONAIRE operation.
These utilities include, but not limited to electric service, water and sewer
service, sanitation and gas.
D. Assignment. The CONCESSIONAIRE shall not assign or transfer its
rights and privileges granted under this lease agreement, either in whole or
in pan, without first obtaining the written consent of the City Manager.
E. Destruction of Premises. In the event that the concession site is destroyed
or damage by fire or other casualty so as to render untenable, the Lease
Agreement shall be suspended until such time as the premises are rendered
again tenable. If the CITY elects not to render the premises tenable again,
it shall notify the CONCESSIONAIRE and, upon furnishing such notice,
this Lease Agreement shall be terminated.
F. Compliance with Laws. CONCESSIONAIRE shall, in the performance of
the services contemplated in this Agreement, faithfully observe and
comply with all federal, state, and local laws, ordinances, rules, and
regulations in any way applicable to the services to be rendered under this
Agreement.
G. Temporary Improvements to Facility. The CONCESSIONAIRE shall
have the right to improve the facilities subject to the approval of the City
Manager. The CONCESSIONAIRE, at his or her own expense, may
install a security alarm system upon approval from the CITY. All such
improvements shall meet all applicable codes and shall be of a temporary
Beach Concession 2002 4
Rev. 09-25-02
natUre, and shall be paid for, erected and removed by the
CONCESSIONAIRE at the termination of this Lease Agreement.
H. Exclusivity. The CITY shall not operate any additional competing
concessions at the Boynton Beach Mumcipal Beach Park or at any
additional adjacent property acquired by the CITY without the
Concessionaire's approval and without the CONCESSIONArRE having
the first option as to additional operations.
The CITY reserves the right as themselves or any organization granted
powers as their agent to sell food and beverages for special community
event programs of short duration (one to three days each) as scheduled by
the CITY.
I. Waiver of Damages. The CONCESSIONAIRE hereby expressly waives
any and all claims for compensation for any and all damage sustained by
reason of any defect, deficiency, or impairment of the water supply system,
drainage or heating systems, steam pipes, electrical wires leading to the
concession areas, or by reason of any loss resulting fi.om failure of any
water supply, heat or current which may occur from time to time fi.om any
cause, or for any loss resulting fi.om water; for any loss, damage or claim
resulting fi.om the cancellation, interruption or termination by the CITY
for any reason of any event scheduled for public or private attendance at
the concession site; and the CONCESSIONAIRE hereby expressly
releases and discharges the CITY and its agents fi.om any and all demands,
claims, action and cause of actions arising from any of the causes
aforesaid, including negligence. The CONCESSIONAIRE shall and
hereby does release the CITY from all liability for the loss or damage of
merchandise, goods, equipment or any other property of whatsoever kind
of the CONCESSIONAIRE or any of his/her suppliers caused by fire,
theft, water, storm, windstorm, vandalism, or any other causes whatsoever,
including negligence.
J. Delivery of Supplies. The CONCESSIONAIRE shall arrange for the
delivery of supplies used by it at the concession site/Premises at times and
in a manner so that such deliveries do not create congestion or undue
interference with the regular operation and maintenance of the site.
K. Advertising Materials. Signs, advertising materials, posters and other such
material used by the CONCESSIONAIRE, shall be subject to the approval
of the City Manager.
Beach Concession 2002 5
Rev. 09-25-02
L. The CONCESSIONAIRE shall make every effort to assist the CITY in
keeping the area free from debris and litter, and shall be responsible for
keeping the Premises clean and free from debris and litter.
M. Food and beverages sold by the CONCESSIONAIRE are restricted to the
products below by the Town of Ocean Ridge:
Hot dogs (not fried)
Condiments for above
Prepackaged sandwiches
Prepackaged potato chips, peanuts, etc.
Candy
Hamburgers (not fried)
Condiments for above
Prepackaged bakery goods
Ice cream, ice cream bars and other diary products
Soft drinks, coffee and tea
N. Anti-discrimination Clause. The CONCESSIONAIRE shall not
discriminate against any employee or applicant for employment in the
performance of this Lease Agreement, with respect to hire, tenure, term,
condition or privileges of employment because of race, color, religion,
national origin, ancestry, marital status, sexual orientation, age or
disability.
O. Modification and Amendments. No modifications or amendments to this
Lease Agreement shall be valid unless reduced to writing and signed by
both parties.
P. Integration of All Agreements and Understandings. This Lease Agreement
contains the entire agreement between the CITY and
CONCESSIONAIRE. All prior agreements and understandings whether
written or oral are fully abrogated and of no further force and effect from
and after the date of this Lease Agreement.
Q. Governing Law. This Lease Agreement under terms, conditions and
covenants contained in is shall be governed and construed in accordance
with the laws of the State of Florida.
Beach Concession 2002 6
Rev. 09-25-02
R. Litigation. In connection with any litigation arising out of this Lease
Agreement, the prevailing party shall be entitled to recover all costs
incurred, including reasonable attorney's fees.
S. Independent Contractor. The CONCESSIONAIRE and the CITY agree
that the CONCESSIONAIRE is an independent contractor with respect to
the services provided under this Agreement. Nothing herein shall be
considered or interpreted to create and employer-employee relationship
between the parties to this Lease Agreement. Neither
CONCESSIONAIRE nor any employee of CONCESSIONAIRE shall be
entitled to any benefits accorded City employees by virtue of the services
provided under this Agreement. The CITY shall not be responsible for
withholding or otherwise deducting federal income tax or social security
or for contributing to the state industrial insurance program, otherwise
assuming the duties of an employer with respect to CONCESSIONAIRE,
or any employee of CONCESSIONAIRE.
7. Financial Operations
A. The CONCESSIONAIRE shall pay promptly all taxes, excise or licensee
fees of whatever nature, applicable to this operation, and take out and keep
current all licenses, municipal, state or federal, required for the conduct of
business, and further, shall not permit any of said taxes, excise or license
fees to become delinquent. The CONCESSIONAIRE shall not permit any
mechanics or materialmens or other lien to be imposed upon the lease
property for any work or labor performed.
B. The CONCESSIONAIRE shall make available, upon request, duplicate
receipts or other satisfactory evidence showing the prompt payment of the
social security, unemployment compensation and all taxes and fees above
referred to, and showing that the said workers compensation insurance and
all required licenses are in good standing. The CONCESSIONAIRE shall
pay promptly when due all bills, debts and obligations incurred in
connection with the operation of the concession and shall not permit same
to become delinquent and suffer no lien, mortgage, judgment, execution or
adjudication in bankruptcy which will in any way impair the fights of the
CITY under this Agreement.
C. Accounting to the CITY. The CONCESSIONAIRE shall keep a true and
accurate account of all monies received through the operation of the
concession herein granted and shall, on itemized statement showing all
Beach Concession 2002 7
Rev. 09-25-02
monies received during the calendar month immediately preceding.
Monthly reports for the preceding month shall be due on the first day of
each month. CONCESSIONAIRE shall keep accurate records of all sales
and receipts through the use of electronic cash registers that have the
ability of providing daily tapes and reports.
D. Audit. The CONCESSIONAIRE shall keep true and complete records and
accounts of all gross receipts and business transacted, including daily bank
deposits, and semi-annually furnish a true and accurate statement for the
preceding six months of all such receipts and business transacted during
such preceding six months (showing the authorized deductions or
exclusions in computing the amount of such gross receipts and business
transactions), which statement shall be certified by an authorized
representative of the CONCESSIONAIRE to be accurate. The
CONCESSIONAIRE agrees to establish and maintain a system of
bookkeeping and fiscal year accounting satisfactory to the CITY'S auditor
and to give the CITY access during reasonable hours to such books and
records. The CONCESSIONAIRE agrees that it will keep and preserve
for at least three (3) years all sales slips, and other evidence of gross
receipts and business transacted, and the CONCESSIONAIRE on request
by either, shall make all such matters available for inspection by CITY at
any reasonable time. If the CITY shall make or have such an audit made
for any year and the gross receipts and business transacted shown by the
CONCESSIONAIRE'S statement for such year should be found to be
understated by one percent (1%), the CONCESSIONAIRE shall reimburse
the CITY the cost of such audit. The CITY'S right to audit shall expire
three (3) years after the CONCESSIONAIRE'S statement has been
delivered to and accepted by the CITY.
8. Termination
A. This Lease Agreement may be terminated by either party for convenience
or cause upon thirty (30) days notice of such intent to terminate to the
other party. Should the Lease Agreement be terminated for cause, the
reason(s) for the lease termination shall be included in the notice. Any
termination for convenience by CITY shall be without liability to CITY.
B. This Lease Agreement may, at the option of the CITY, be terminated
immediately if the CONCESSIONAIRE shall become insolvent or
bankrupt, make an assignment for the benefit of creditors or be convicted
of a crime or any other similar gross impropriety.
C. A termination of the Lease Agreement for reasons other than expiration of
the term or convenience, shall be effected as follows:
Beach Concession 2002 8
Rev. 09-25-02
1. If conditions are present which are considered by either party to be
cause for termination, written notice shall be provided to the party,
and sufficient period of time shall be given by the CITY to correct
the conditions.
2. If the conditions are not corrected within a reasonable time then
this lease agreement may be terminated for such conditions by
giving thirty (30) days written notice.
3. In the event the CONCESSIONAIRE fails to pay the CITY charges
or fees strictly n accordance with the terms of this Lease
Agreement, the CITY may cancel and terminate this Lease
Agreement at any time upon five (5) days written notice to the
CONCESSIONAIRE.
4. If this Lease Agreement is canceled or terminated by the CITY, or
if the CITY shall discontinue its operations, the
CONCESSIONAIRE shall pay to the CITY all sums then due fi.om
the CONCESSIONAIR.E to the CITY.
D. The acceptance of monies due the CITY for any period or periods after a
default of any of the terms, covenants or conditions of this Lease
Agreement shall not deemed a waiver on the part of the CITY of any part
of this Agreement.
E. No waiver or default by the CITY of any of the terms, covenants or
conditions hereof to be performed, kept and observed by the
CONCESSIONAIRE, shall be construed to be or act as a waiver of any
subsequent default of any of the terms, covenants and conditions herein
contained to be performed, kept and observed by the
CONCESSIONAIRE.
F. Delivery After Termination. The CONCESSIONAIRE will deliver the
Premises and any permanent improvements and attached accessories to the
CITY at the termination of this Lease Agreement in same condition and
state of repair as when received, except for ordinary wear and tear or loss
or damage caused by an act of God.
G. Removal on Termination. On the date of termination hereof, or in case of
the relationship created by the Lease Agreement prior thereto, on written
notice, the CONCESSIONAIRE shall have the right to remove fi.om said
Premises all personal property, fixtures and equipment not a part of the
real estate, installed by it and title to which it retains subject, however, to
any valid lien or claim which the CITY may have for unpaid fees,
Beach Concession 2002 9
Rev. 09-25-02
provided also, that if said removal causes any damage to the Premises, the
CONCESSIONAIRE shall repair the same in a proper and satisfactory
manner at its own expense. The provision of this paragraph shall not
apply to the personal property to which the CITY has a right to use and
purchase pursuant to this Lease Agreement.
9. Notice
Wherever either party desires to give notice unto the other, it shall be given by
written notice, sent certified U.S. Mail, return receipt requested, addressed to the
party to whom it is intended, at the places last specified, and the places for giving
notice shall remain such until they are changed by written notice in compliance
with this subsection. For the present, the parties designate the following as the
respective places for giving notice, to wit:
FOR CITY:
City Manager
City Hall
100 E. Boynton Beach Boulevard
Boynton Beach, Florida 33435
With copy to:
Recreation Director
City Hall
100 E. Boynton Beach Boulevard
Boynton Beach, Florida 33435
FOR CONCESSIONAIRE:
PARTNER PLUS, INC.
Attn: Lyse B. Stecko
6115 North Ocean Boulevard
Ocean Ridge, Florida 33435
10. Customer Service Standards
As it is extremely important to the CITY that CONCESSIONAIRE and its
employees provide concession services pursuant to this Agreement for the benefit
of CITY residents and visitors to Boynton Beach Municipal Beach Park,
CONCESSIONAIRE understands and agrees that the following customer service
standards will be adhered to in the performance of this Agreement, and that the
Beach Concession 2002 10
Rev. 09-25-02
breach of any of these standards by CONCESSIONAIRE shall constitute a
material default under this Agreement:
A. CONCESSIONAI1KE shall provide customers with a consistent dining
experience featuring food and beverage items that are prepared and served
in a manner that conforms in all respects to all pertinent federal, state, and
municipal standards, laws, ordinances and regulations.
B. Customers shall be greeted courteously and thanked for each sale.
C. CONCESSIONAIRE shall greet each customer by name whenever
possible.
D. CONCESSIONAIRE shall acknowledge a customer waiting for assistance
within thirty (30) seconds of a customer visit to the Premises by looking
up, greeting them, and letting them. know that customer will be assisted as
soon as possible.
E. CONCESSIONAIRE shall be enthusiastic.
F. CONCESSIONAIRE shall be patient and polite when dealing with
customers regardless of the circumstances.
G. CONCESSIONAIRE shall show interest to customer needs by listening
attentively.
H. CONCESSIONAIRE shall address all customers in a clear and friendly
tone.
I. CONCESSIONAIRE shall ensure the food preparation and serving area is
clean and inviting to and for customers.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
Beach Concession 2002 l 1
Rev. 09-25-.02
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this
day of 2002.
THE CONCESSIONAIRE
WITNESSES:
ATTEST:
Secretary
STATE OF FLORIDA )
COUNTY OF PALM BEACH )
The foregoing instrument was acknowledged before me this day of ,
2002, by and , as
and , respectively, of
PARTNER PLUS, INC., by and behalf of the corporation, and who are personally known
to me or produced as identification and who did not
take an oath.
WITNESS my hand and official seal in the County and State last aforesaid this
day of ,2002.
My Commission Expires:
Notary Public
Print Name
Beach Concession 2002 12
Rev. 09-25-02
CITY OF BOYNTON BEACH, FLORIDA
By:
Mayor
Approved as to form:
By:
City Attorney
ATTEST
City Clerk
H:/1990/900182.bb/agmts/concession agmt - beach 2002.doc
Beach Concession 2002 13
Rev. 09-25-02
EXHIBIT "A"
Scope of Services
1. Concessionaire shall submit a sample written menu with proposal to include the
brand name of the product being offered and a detailed description of the item.
2. Concessionaire shall provide all working capital, operating equipment, and
inventory necessary to effectively manage the concession.
3. Concessionaire may offer non-consumables for sale. Non-consumables may
include, but are not limited to sunscreen, tanning lotions, and beach toys;
however, the City of Boynton reserves the right to have the final approval of such
items. No alcohol or tobacco products shall be offered for sale.
4. City may request Concessionaire to offer the sale of t-shirts, beach towels, and
boxer shorts fashioned with the City logo. These items will be inventoried by the
City and all proceeds from their sale shall be paid to the City in addition to the
monthly lease payment.
5. City shall not be responsible for any goods or equipment stored at the concession
nor will City be responsible for damage resulting from a power failure, flood, fire,
theft, vandalism, explosion and/or other causes.
6. The City reserves the right to inspect premises at any time.
Food Products
1. All foods, drinks, beverages, confectionery, refreshments, and the like sold or kept
for sale, shall be of FIRST QUALITY and conform in all respects to the federal,
state, and municipal food and other laws, ordinances, and regulations.
2. No imitation, adulterated, or misbranded article shall be sold or kept for sale, and
all products kept on hand shall be stored and handled with due regard for
sanitation. Leftover perishable products shall not be sold at any time.
3. Concessionaire shall utilize Branded Products (i.e. Bamey's Coffee, Coca-Cola).
4. The Concessionaire shall be responsible for the purchase, inventory and security
of all food products offered for sale in the concession.
5. City shall reserve the right to "taste test" all menu items to ensure quality.
Beach Concession 2002 14
Rev. 09-25-02
6. City shall have the final approval on what menu items are used. Approval will not
be unreasonably withheld.
Equipment
1. The Concessionaire shall use all its own concession equipment that is approved by
the appropriate governing agency. Equipment may include, but is not limited to
refrigeration, microwave oven, and toaster oven.
2. All concession sales shall be sold with disposable plates, cups and cutlery.
Signage/Advertisinl~
1. Signs, advertising materials, posters, and other such material used by the
Concessionaire shall be subject to the approval of the City Manager.
Concession Personnel
1. The Concessionaire shall provide, supervise, and compensate all concession
employees, who shall be employees of the Concessionaire, not the City. The
Concessionaire shall at all times be an independent contractor and the agreement
shall not in any way create or form a parmership or joint venture with the City.
No agent, servant, or employee of the Concessionaire shall under any
circumstances be deemed an agent, servant, or employee of the City.
2. The City will expect the assistance of Concessionaire staff for the periodic receipt
and registering of admissions.
3. Concessionaire must conduct regularly scheduled training sessions throughout the
year, as approved by the City, for all personnel and employees of
CONCESSIONAIRE working on the Premises. At a minimum, the training shall
consist of Customer Service skills training.
4. Consumption of alcoholic beverages, smoking, and use of any tobacco products is
prohibited inside the concession buildings.
5. Concessionaire's staff and employees shall be at all times neatly and cleanly
dressed.
6. Concessionaire shall employ only competent personnel to perform concession
services. In the event that City, in its sole discretion, at any time during the term
of this lease agreement, desires the removal of any person or persons employed by
Concessionaire to perform concession services pursuant to this Lease Agreement,
Concessionaire shall remove any such person immediately upon receiving notice
from the City of the desire of the City for the removal of such person or persons.
Beach Concession 2002 15
Rev. 09-25-02
7. Concessionaire shall maintain copies of Material Safety Data Sheets (MSDS's)
for all of the products used in the performance of the contract on the premises.
The MSDS's shall be accessible to the Concessionaire's employees and to City
employees for the purpose of reference with regard to toxic and hazardous
properties, precautions to take and what to do in case of an emergency.
Sanitation
1. Concessionaire shall be responsible for bringing their trash and garbage to the
designated dumpster or recycling areas.
2. The Concessionaire shall make every effort of assist the City in keeping the area
free from debris and litter.
3. Concessionaire is responsible for complying with all recycling rules, regulations,
and laws of the City and/or appropriate governmental bodies.
Beach Concession 2002 16
Rev. 09-25-02
R~ PROPOSA~ TO THE CITY OF BOY2TFON BEACH, FLOlZmA
~N:m~Ir,.yEAR r.~A...qE MR CONt?lr-q~ON OPERAT~DNB AT BOY'N'I~N BEACI:[
MUNICIPAL BEACl~ OCRANIrRONT PARK'*
MON'FI:rr.y r.r.A.qr~ PAYMKI~ TO CITY Olr BOY1TFON BEACH
OCF, ANFRDNT PARK CONCESSION OPERATIONS
P&YMI'NT ' KXTKNDI~ PRICE
PER IdONTH PER YEAR
YEAR OM~ (I) oF lEASE
YF~q TWO (2) Olr LEASE S
YEAR'FHR~ O) Olr LEA~ S St,~0.oo · .. S
~,~,L YEAR ~O. Oh'E (1)
(irappilmble) S $1,f~,m, pSmemeotblaS(aqoebbb) S
m~IKWAL YEAR NO. TWO (2)
~apptbba) S S
AT.T. lqLT~ ir.O:_R~ BOYNTON BEA~
RECREATION DEPARTMENT
MEMORANDUM NO. 02-52
TO: Bill Atkins, Deputy Director of Financial Services
FROM: Wally Majors, Recreation Director fL/~i..?_.~___.)
DATE: September 27, 2002
SUBJECT: Recommendation to Award RFP and approve terms of lease agreement
After careful review, we recommend awarding the Request for Proposal for the concession
operation at Oceanfront Park, and approval of the of the lease agreement to/with Parmer Plus,
Inc..
c. Wilfred Hawkins
/WlTl
RECREATION DEPARTMENT
MEMORANDUM NO. 02-51
TO: Bill Atkins, Deputy Director of Financial Services
FROM: Wally Majors, Recreation Director
DATE: September 23, 2002
SUBJECT: Recommendation for Beach Concessions Operation
The following panel reviewed the three proposals we received for the beach concession
operation:
· Wally Majors Recreation Director
· John Wildner Parks Director
· Jeff Livergood Public Works Director
· Margaret Murphy Recreation & Park Advisory Board
· Betty Thomas Recreation & Park Advisory Board
Partner Plus, Inc. received the highest score from the panel for their proposal. We recommend
accepting their proposal and begin negotiating terms for a new Lease Agreement.
c. Wilfred Hawkins
/wm
VII.-CONSENT AGENDA
ITEM B.2
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORivl
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Tumed
Meetin~ Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
[] August 6, 2002 July 17, 2002 (5:00 p.m.) [] October 1,2002 September 16, 2002 (Noon)
[] August 20, 2002 August 5, 2002 (Noon) ~ October 15, 2002 September 30. 2002 (Noon)
[] September 3, 2002 August 19, 2002 (Noon) [] November 6, 2002 October 14, 2002 (Noon)
[] September 17, 2002 September 3, 2002 (8:00 a.m.) [] November 19, 2002 November 5, 2002 (Noon)
[] Administrative [] Development Plans
NATURE OF ~ Consent Agenda [] New Business
AGENDA ITEM [] Public Hearing [] Legal
[] Bids [] Unfinished Business
[] Announcement [] Presentation
[] City Manager's Report
RECOMMENDATION: A motion to award the ``CO-OP EIGHTEEN MONTH GASOLINE AND DIESEL FUEL"
bid to various vendors as indicated on the attached table with an annual expenditure of: $560~500.00.
BID g005-1411-03/CJD
EXPLANATION: This is an eighteen (18) month Co-op Bid with Palm Beach County as the lead agency. It is
recommended to award the bid to various vendors based on the lowest, most responsible, responsive bidders who meet
all specifications. The attached table shows the Primary Vendor and the Secondary Vendor if the primary vendor
refuses to perform. The numbers indicate their proposed price based on the mark up (+) or discount (-) each awardee
offered from the Weekly OPIS Price sheet (attached). The provisions of this bid award will allow for an eighteen (18)
month extension at the same terms, conditions, and prices subject to vendor acceptance, satisfactory performance and
determination that the renewal is in the best interest of the City.
CONTRACT PERIOD: OCTOBER 1, 2002 TO MARCH 31, 2004
PROGRAM IMPACT: The purpose of this bid is to secure vendors for Gasoline and Diesel Fuel for the Golf Course,
Public Works, and the Utility Department. The fuel is ordered on "As Needed" basis. Government entities that
participate in this bid are: Palm Beach County, City of Boca Raton, Boynton Beach, City of Deiray Beach,
Wellington, City of West Palm Beach, Manalapan, City of Lake Worth, Town of Lantana, City of Greenacres,
Loxahatchee, Mangonia Park, Ocean Ridge, Seacoast Utility Authority, Town of Jupiter, Juno, Town of Lake Park,
Palm Beach Gardens, Singer Island, Village of North Palm Beach, City of Riviera Beach, Belle Glade, and Pahokee
geographical area.
SSBULLETINSFORMS~GENDA ITEM' REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
FISCAL IMPACT: ACCOUNT#: BUDGETED AMOUNT:
501-2516-519-52-10 $539,000.00 Fleet Maintenance
401-2811-536-43-40 $10,000.00 Utilities
401-2816-536-44-30 $ 3,500.00 Utilities
411-2911-572-52-11 $ 3,000.00 Golf Course
411-2011-572-52-11 $ 5,000.00 Golf Course
$560,500.00
~ D~PUt~ DireCtor of l~n~l~c~a~ Service~' ' City Manager's Signature
Procurement Services <t~...~_ ~/~..~.--
Department Name City Attorney/~Fin3n~e~/Human Resources
S:\BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC
C: Barb Conboy - Manager or' Utilities
Chris Roberts - Deputy Director of Public Works
Carol Kirk - Gol£Course Administration
File :
ANY QL/ES'I'"ZONS C.ALL: PETER PATANE
(56"1-) 616-6817
PALM BEAC.H COUNTY PURC, HASI. NG
B1'~5-141 ! -03/C.,,TD
JOINT CO-OP GASOLINE AND DIESEL FUEL BID #02-145/PP
LEAD AGENCY PALM BEACH COUNTY
p = p~Y ~Eh'DOR S -- SECOI~IDARY I/EIIDOR
DESCRIPTION TRANSPORT (8,500 sals) TANKWAGON (4,000 sais)
#2 D1ESEL ULTRA-LOW P = PETROLEUM TRADERS P = BV OIL COMPANY
SULPHUR WITH BIOCIDE .0171 .0571
S = BV OIL COMPANY - S = F.H. FOSTER OIL CORP.
.0171 .0700
#2 DIESEL ULTRA-LOW P = PETROLEUM TRADERS P = MCMILLAN OIL
SULPHUR WITHOUT .0099 COMPANY OF FLORIDA
BIOCIDE S = BV OIL COMPANY .0479
.0169 S = F.H. FOSTER OIL CORP
.0550
GASOLINE, SUPREME P = PETROLEUM TRADERS P = MCMILLAN OIL
UNLEADED -.0164 COMPANY OF FLORIDA
S = PORT CONSOLIDATED .0479
.0284 S = F.H. FOSTER OIL CORP
.05~0
GASOLFNE REGULAR P - PETROLEUM TRADERS P = MCMILLAN OIL
UNLEADED .0048 COMPANY OF FLORIDA
S = PORT CONSOLIDATED .0479
.0284 S = F.H. FOSTER OIL CORP
.0550
GASOLINE, UNLEADED P ~ PETROLEUM TRADERS P = MCMILLAN OIL
PLUS -.0029 COMPANY OF FLORIDA
S = PORT CONSOLIDATED .0479
.0284 S - F.H. FOSTER OIL CORP
.0550
NAME OF COMPANY: ADDRESS: TELEPHONE NUMBER
BV OIL COMPANY 7950 N.W. 58TM STREET 1-800-586-2862
MIAMI, FL 33166
Atto: John Wright
MCMILLAN OIL COMPANY
OF FLORIDA 2955 EAST 11TM AVENUE (305) 691-7814
HIALEAH, FL 33013
Atto: Amancio Alonso
PETROLEUM TRADERS CORP. 7110 POINTE INVERNESS WAY 1-800-348-3705
FT. WAYNE, INDIANA 46804
At'm: Michael Himes
F. H. FOSTER OIL CORP. 319 INDUSTRIAL AVENUE 732-2433
P.O. BOX 368
BOYNTON BEACH, FL 33425-0368
Atto: Lyrme Foster
PORT CONSOLIDATED P.O. BOX 21092 1-800-683-5823
FT. LAUDER.DALE, FL 33335
Atto: Michael Simmons
SPLIT LOAD CHARGES ARE AS FOLLOWS:
BV OIL COMPANY $30.00
MCMILLAN OIL COMPANY OF FLORIDA $50.00
PETROLEUM TRADERS $30.00
_,...-_.,.,~.,,~.., .....¢,.,,,
BID RE-CAP SHEET Form
BID #: 02-1451PP I TITLE: GASOLINE & DIESEL FUEL CO-OP TERM CONTRACT
SUPERSEDES BID #: 99161/PP t BUYER: PETER PATANE, C.P.P.B.
ACTION DATE I NI'I'.I ,ALS ACTION DATE INITIALS
IFB APPROVED 07/15/2002 ,~, M/WBE EVAL. RETURNED 8/2212002 ,, ,
GOAL SE~-rING MEETING 06112/2002 ~" , DEPT. EVAL. RETURNED 8/2312002
NEWSPAPER ADVERTISING 07/14/2002 POSTING APPROVED ~ 0 ~ o
SITE INSPECTION N/A ~ COPY TO ADMIN. SECR. q~ ~j~ ~,,_~
PRE-BID CONFERENCE N/A DATEFrlME BID POSTED ~\ ,~\ ~.
BID OPENING 08/21/2002 ~, ~ . ~,..---,,
" RECAP TO M/WEE .~t ,v~
;F TERM CONTRACT GENERATED: TERM: 10/01/2002 TO: 3/31/2004 . EST. EXPENDITURE: $ 8,720,000.00
AREA itt. KEY AREA ~2 KEY AREA #3 KEY AREA ~, KEY AREA #$ KEY
ITEM ~1 - #2 ITEM #6 - #2 ITEM #11 - #2 ITEM #16 - ~Z ITEM #21 -
DIESEL WITH DIESEL wrrH DIESEL WITH DIESEL WITH DIESEL WITH
BIOClDE: BIOCIDE: BIOCIDE: BIOCIDE: BIOCIDE:
~ TI~auNSPORT TRANSPORT TRANSPORT TRANSPORT
i~=I~OI..aUI~. BY OIL: BV OIL: PETROLEUM PETROLEUM
~ + .0191 1P + .0221 1P TRADERS: TRADERS:
+ .~l?l 1P +. 0259 1P * .0279 1P
E [ PETROLEUM PETROLEUM BV OIL: BV OIL:
+., . I TRADERS: TRADERS: + .0325 lS + .0326
15 + .0199 1S + .0229 1S
PORT
CONSOLIDATED: PORT PORT PORT PORT
+ .0284 CONSOliDATED: CONSOUDATED: CONSOUDATED: CONSOUDATED:
4 + .0285 4 + .0285 4 + .0335 4 + .033S 4
MACMILLAN OIL:
+ .0350 MACMILLAN OIL: MACMILI_a~ OIL: MACMILI.AN OIL: MACMILLAN OIL:
4 + .0350 4 * .0395 4 + .0350 4 .0595 ( 3 )
SUGAR SUPPLY:
+ .0500 SUGAR SUPPLY: SUGAR SUPPLY: SUGAR SUPPLY: SUGAR SUPPLY:
4 + .0550 4 + .0600 4 + .0650 4 + .0650 4
ITEM~tl -#2 ITEM#~- ~ ITEM~t11 - #2 ITEM~PI6- #2 ITEM~,I -
DIESEL WITH DIESEL WITH O!ESEL ~ OIESEL wn~ DIESEL
BIOClDE: BIOCIDE: BIOClDE; BIOCIDE: BIOCIDE:
T~K¥~:~ TANKWAGON TANK~NAGON TANKVVAGON TANKWAGON
MACMILI,auN OIL: MACMILLAN OIL: MACMILLAN OIL: MACMILLAH OIL: BV OIL:
+ .0525 ( 3 ) + .0525 1P + .0525 ( 3 ) + .0675 1P + .0821 1 P
laY ~ BV OIL: BV OIL: BV OIL: PORT
+ .{~J~l 1P + .0571 1S + .0571 1P + .0781 1S CONSOLIDATED:
+ .0835 1S
F.N. ~ ~' PORT PORT PORT MACMILLAN OIL:
.k.01~ - lS CONSOLIDATED: CONSOLIDATED: CONSOLIDATED: .1050 ( 3 )
+ .0785 4 + .078S tS + .0835 4
..... ~ . ~--:"::i. '~
poc~'~'
C ~LIDATED:
+. * 4
' t
'~,REA #1 KEY AREA #2 KEY AREA #3 KEY AREA ~!4 KEY AREA #S KEY
r
ITEM #2 - #2 ITEM #7 - #2 ITEM #12 - #2 ITEM #17 - #2 ITEM #22 - #2
DIESEL WlO DIESEL WlO DIESEL WlO DIESEL WlO DIESEL WlO
BIOCIDE: BIOCIDE: BIOCIDE: BIOCIDE: BIOCIDE:
'~l~". TRANSPORT TRANSPORT TRANSPORT TRANSPORT
II~rFl~31,.~,~l PETROLEUM PETROLEUM PETROLEUM PETROLEUM
~ERS: TRADERS: TRADERS: 1P TRADERS: TRADERS:
* .0099 1P + .0161 1P .,,..0179 .*,..0189 1P .,'..0229 1P
BV OIL: BV OIL: BV OIL: 1S PORT BV OIL:
+ .0'!~1 lS .,,- .0191 lS ,,..0191 CONSOLIDATED: + .0321 lS
+ 0335 lS
PORT PORT PORT MACMILLAN OIL: PORT
CONSOMDATED: CON,SOL/DATED: CONSOLIDATED: 4. +' .0350 4 CONSOL/DATED:
+ .0284 4 + .0285 4 * 0285 + .0335 .4
MACMILLAN OIL: MACMILLAN OIL: MACMILLAN OIL: 4 SV OIL: SUGAR SUPPLY:
+ .0350 4 + .0350 ,4 + 0395 + .0380 4 + .0570 ..t
SUGAR SUPPLY: SUGAR SUPPLY: SUGAR SUPPLY: 4 SUGAR SUPPLY: MACMILLAN OIL:
+ .0420 4 * .0470 ,4 + .0520 '+ .0570 ,t .0595 ( ,3 )
ITEM #2 - #2 ITEM #7 o #2 ITEM #12 - #2 ITEM fi17 - #2 ITEM #22 - #2
DIESEL WlO DIESEL WlO DIESEL WlO DIESEL WIO DIESEL WlO
BIOClDE: EIOClDE: BIOCIDE: BIOCIDE: BIOClDE:
~ TANKW'AGON TANK'WAGON TANI,'GNAGON TANKWAGON
~ ~ MACMILLAN OIL: MACMILLAN OIL.: MACMILLAN OIL: BV OIL:
+ ~ 1P + .0479 1P + .0479 1P + .0625 1P ',' .0801 1P
BV OIL: BV OIL: BV OIL: BV OIL: PORT
+ .0541 4 + .0541 1S + .0541 lS + .072~ lS CONSOUDATED:
+ .0835 1S
PORT PORT PORT
1S CONSOLIDATED: CONSOLIDATED: CONSOLIDATED: MACMILLAN OIL:
+ .0785 4 + .078S 4 + .0835 4 .1050 ( 3 )
PORT
CONSOUOATED:
+ .0784 4
AREA M ':-: ;.- KEY AREA #2 KEY' AREA #3 KEY AREA ]~ KEY AREA #5 KEY
ITEM #3 - GAS, iTEM ~ - GAS, ITEM #13 - GAS, ITEM #I 8 - GAS, ITEM #23 - GAS,
SUPREME SUPREME SUPREME SUPREME SUPREME
UNLEADED: UNLEADED: UNLEADED: UNLEADED: UNLEADED:
~ TRANSPORT TRANSPORT TRANSPORT TRANSPORT
PETIM~.~UM PETROLEUM PETROLEUM PETROLEUM PETROLEUM
~~ TRADERS: TRADERS: TRADERS: TRADERS:
( - .~114~ 1P (..01~4 ) 1P ( - .0114 ) 1P (..0064 ) 1P ( - .0044 ) 1P
I~)I~T ' PORT PORT MACMILLAN OIL; 8V OIL:
COIIIIOUO&I~: CONSOUDATED: CONSOLIDATED: + .0190 1S + .0321 1S
+.l)~14,~ .' 1S + .0285 lS * .0285 1S
PORT PORT
MACMILLAN OIL: MACMILLAN OIL: BY OIL: CONSOLIDATED: 4 CONSOLIDATED:
+ .0350 4 + .0350 4 + .0380 4 + .0335 + .0335 ,4
BV OIL: BV OIL: MACMILLAN OIL: BV OIL: SUGAR SUPPLY:
+ .0380 4 + .0380 4 + .0395 4 + .0380 4 + .0570 ,4
'~R SUPPLY: SUGAR SUPPLY: SUGAR SUPPLY: SUGAR SUPPLY: MACMILLAN OIL-'
)0 4 *' .0470 4 + .0520 4 + .0570 4 .0595 ( 3 )
A~EA
~1 KEY A/~EA ;r2 KEY I AREA ;~3 .KEY AREA ~t4 KEy AREA ~$ KEY .
I~EM #3 - GAS, ITEM #8 - GAS, ITEM ;;13 - GAS, ITEM ~8 - GAS, ITEM #23 - GAS,
SUPREME SUPREME SUPREME SUPREME SUPREME
UNLEADED: UNLEADED: UNLEADED: UNLEADED: UNLEADED:
~ ._,JILJ,~N ~ MACMILLAN OIL: BV OIL: MACMILLAN OIL: BV OIL:
· .g4~ 1P + .0479 1P + .0571 1P + .0495 1P + .0801 1P
F.H. FO~TER: BV OIL: MACMILLAN OIL: BV OIL: PORT
· .0550 1S + .0601 15 + .0625 IS + .0721 15 CONSOLIDATED:
+ .08;35 1
8V OIL: PORT PORT PORT MACMILLAN OIL:
+ .0601 4 CONSOLIDATED: CONSOLIDATED: CONSOLIDATED: .1050 ( 3 )
+ .0785 4 + .0785 4 · .0835 4
PORT
CONSOLIDATED:
+ .07~ 4
ITEM #4 - GAS, ITEM ;~J - GAS, ITEM ~4 - GAS, ITEM ~9 - ITEM #24 - GAS,
REGULAR REGULAR REGULAR GAS, REGULAR REGULAR
UNLEADED: UNLEADED: UNLEADED: UNLEADED: UNLEAOED:
~ TRANSPORT TRANSPORT TRANSPORT TRANSPORT
PETROLEUM PETROLEUM PE'I'ROLEUM PETROLEUM
TRADERS: TRADERS: TRADERS: TRADERS:
· ~ IP + .0098 1P + .0119 1P * .0148 1P + .015g 1P
MACMILLAN OIL: PORT MACMILLAN OIL: BY OIL:
: + .0195 1S CONSOLIDATED:
· ~ ~ 15 +.0285 15
MA~'MILLAN OIL: PORT 8V OIL: PORT PORT
+ 1 4 CONSOLIDATED: + .0380 4 CONSOl]DATED: CON$OUOATED:
· .028S 4 + .0335 4 · .0335 4
BV OIL: BV OIL: MACMILLAN OIL: BV OIL: SUGAR SUPPLY:
· .0380 4 · .0380 4 + .0395 4 · .0380 4 + .0570 4
SUGAR SUPPLY: SUGAR SUPPI.Y: SUGAR SUPPLY: SUGAR SUPPLY: MACMILLAN OIL:
+ .O400 4 + .0470 4 + .0520 4 + .0570 4 .0595 ( 3 )
ITEM ~t4 -GAS, ITEM f~J . GAS, ITEM ~14 - GAS, ITEM #19 - GAS, ITEM #24 - GAS,
REGULAR REGULAR REGULAR REGULAR REGULAR
UNLEADED: UNLEADED: UNLEADED: UNLEADED: UNLEADED:
!T~., TANKWA;ON ?ARKWA;ON T~NKWA~ON TARKWA~ON,
MACt~U.AJ~ O~: MACMILLAN OIL: MACMILLAN OIL: MACMILLAN OIL: BV OIL:
+ .041~ ~ 1P + .0479 1P + .0479 1P + .0625 1P + .0801 1P
P J4. FOUR.' ;tV OIL: $V OIL: BV OIL: PORT
· .i~4~ ~ 15 + .0601 1S + .0571 1S + .0681 lS CONSOLIDATED:
+ .0835 1S
$V OIL: PORT PORT PORT MACMILLAN OIL:
+ .0601 4 CONSOUDATED: CONSOUDATED: CONSOLIDATED: .1050 ( 3 )
+ .0785 4 + .0785 4 + .0835 4
PORT
CONSOLIDATED:
+ .0784 4
AREA'/tl KEY AREA ~t2 KEY ARF..A ~t3 t KEY AREA #4 KEY AREA #5 KEY
'ITEM #S - GAS, I'rEM N0 - GAS, ITEM #15 - GAS, ITEM ~'g0 - GAS, ITEM #25 - GAS,
UNLEADED UNLEADED UNLEADED UNLEADED UNLEADED
PLUS: PLUS: PLUS: PLUS: PLUS:
? ° N~I~:}R'T TT-~ANSPORT TRANSPORT TRANSPORT TRANSPORT
t ~ PETROLEUM PETROLEUM PETROLEUM Pt: ~,OLEUM
~ TRADERS: TRADERS: TRADERS: TRADERS:
( ,.~) 1P + .0019 1P (, .0009 ) 1P * .0009 1P ,..0009 1P
ATEO PORT PORT MACMILLAN OIL: BV OIL:
: CONSOUDATED: CONSOLIDATED: + .0190 1S + .0321 1S
+ .02:~4 1S + .0285 1 S + .0285 1S
MACMILLAN OIL: MACMILLAN OIL: BV OIL: PORT PORT
+ .0350 4 .t..0:350 4 + .0380 4 CONSOL/DATED: CONSOL/DATED:
+ .03:35 4 + .0:3:35 4
BV OIL: BV OIL: MACMILLAN OIL: BV OIL: SUGAR SUPPLY:
+ .0:380 4 ,- .0380 4 + .0:39S 4 ,*..0380 4 + .0570 4
SUGAR SUPPLY: SUGAR SUPPLY: SUGAR SUPPLY: SUGAR SUPPLY: MACMILLAN OIL:
· ~ .0400 4 ,..0470 4 + .0520 4 + .0570 4 .0595 ( 3 )
ITEM #S - GAS. ITEM ;~10 - GAS, ITEM Rtl5 - GAS, ITEM Ar'Z0 . GAS, ITEM arZS . GAS.
UNI.~ADED UNLEADED UNLEADED UNLE. ADED UNLEADED
PLUS: PLUS: PLUS: PLUS: PLUS:
1~~ TANK'WAGON TANKV/AGON. TANK~/AGON TANKWAGON
t MACMILLAN OIL: BV OIL: MACMILLAN OIL: BV OIL:
1P + .0479 1P + .0571 1P + .062,~ 1P * .0801 1P
IIrj4~ ~ ', BV OIL: MACMILLAN OIL: SV OIL: PORT
+'.~ll~ IS + .0601 IS + .0585 IS + .0681 1S CONSOUDATED:
+ .0831 1S ·
F .4' PORT PORT PORT MACMILLAN OIL:
, I 4 ¢ONSOUOATED: CONSOLIDATED: CONSOHDATED: .1050 ( 3 )
+ .0785 4 .t, .0785 4 .*..0835 4
PORT
¢ONSOUDATED:
+ .0784 4
POSTING CONTINUED ON NEXT PAGE
KEY(S) FOR RECOMMENDATION: (PLEASE NOTE YOUR RECOMMENDATION ABOVE)
ECOMMENDED AWARD - LOWEST RESPONSIVE BIDDER MEETING SPECIFICATIONS
~., ~10 AWARD, RESPONSIVE, BUT NOT LOWEST BIDDER MEETING SPECIFICATIONS.
(3) N_~O AWARD, NOT RESPONSNE TO BID.
(4) NOT TECHNICALLY EVALUATED
RECOMMENDED AWARD TO CERTIFIED M/WBE? YES__ NO
IF YES TO ABOVE, TOTAL DOLLAR VALUE OF M/1NBE PARTICIPATION: $ CATEGORY:
DOES EVALUATING DEPARTMENT CONCUR WITH RECOMMENDATION? YES NO~
REMARKS: AREA m - BID r'rEM ~ - TJINKWACK~I~. ~. Oil. (~OMPANY HA~ BEEN FOUND TO BE NON-RESPONSIVE FOR
FAILURE TO INITI~. ~CTION, A~ REQUIRED BY BID TERM · CONDITION ~1~ (a) - SUBM~SION OF RESPONSE.
AREA #1. BID ITEM #2. TANKWAGOI~ F~I~. ~ RIC~ A,q ~ECOND,~RYAWARDE~ DUETO MINORFTY PREFERENCE.
AREA #3 - BID ITEM #11. TANKWAGON: MACMILLAN OIL COMPANY HAS BEEN FOUND TO BE NON-RESPONS;VE FOR FAILURE TO
INITIAL. CORRECTION, AS REQUIRED BY BID TERM & CONDITION ~ (a) - SUBMISSION OF RESPONSE.
AREA #$ . BID ITEMS ~21 THRU ~25 TRANSPORT & TANKWAGON - MACMILLAN OIL COMPANY HAS BEEN FOUND TO BE
NON-RESPONSIVE FOR FAILURE TO IDENTIFY 'MARK-UP (~.) OR DISCOUNT (.) OFFERED FROM OPIS.
TIE BID FOR AREA #1. BID ITEM ffl TRANSPORT BETWEEN BV OIL COMPANY AND PETROLEUM TRADERS WAS RESOLVED BY A "COIN TOSS'
IN FAVOR OFFET'ROLEUM TRADERS, AS PER PALM BEACH COUNTY PURCHASING PROCEDURES, SECTION VI. B. (4). TIE BID PROCEDURES.
~I'HE FOLLOWING HAS BEEN PROVIDED AS PART OF THE AWARD PROCESS:
[ ] CERTIFICATE OF INSURANCE, IF REQUIRED
[ ] PERFORMANCE AND PAYMENT BOND, IF REQUIRED
[ ] DEPOSIT/BID BOND, IF REQUIRED
[ ] CERTIFICATE OF COMPETENCY, IF REQUIRED
[ ] RELATED LICENSES AND PERMITS, IF REQUIRED
[ ] WARRANTY INFORMATION, IF REQUIRED
[ ] QUALIFICATION OF BIDDERS INFORMATION, IF REQUIRED
VII.-CONSENT AGENDA
ITEM B.3
CITY OF BOYNTON BEACI/
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates tn to City Clerk's Office Meetin~ Dates in to City Clerk's Office
[] August 6, 2002 July 17, 2002 (5:00 p.m.) [] October l, 2002 September 16, 2002 (Noon)
[] August 20, 2002 August 5, 2002 (Noon) [] October 15, 2002 September 30, 2002 (Noon)
[] September 3, 2002 August 19, 2002 (Noon) ~ November 6, 2002 October t4, 2002 (Noon)
[] September t7, 2002 September 3, 2002 (8:00 a.m.) [] November 19, 2002 November 5. 2002 (Noon)
[] Administrative [] Development Plans
NATURE OF [] Consent Agenda [] New Business
AGENDA ITEM [] Public Hearing [] Legal r'.~
[] Bids [] Unfinished Business
[] Announcement [] Presentation - -
[] City Manager's Report "
RECOMMENDATION: Award Annual Maintenance Agreement to Professional Golf Car for the maintenance of 97
golf cars (90 fleet cars, 6 player assistant cars, 1 bag ear).
EXPLANATION: Professional Golf Car is the sole service provider for warranty service for Club Car in this region
of Florida. In addition, they perform monthly inspections of each ear to insure proper function of the acceleration,
braidng, steering, handling systems and safety systems such as the cabling, wiring, reverse buzzer and instruction
decals.
PROGRAM IMPACT: All of our cars are inspected and repaired on a regular and timely basis resulting in minimal
customer inconvenience and full use of our rental fleet on a daily basis.
FISCAL IMPACT: Regularly scheduled maintenance is $7.50 per car per month for a total of $8,730 (acct. 411-2910-
572-49-17), estimated repair costs, including battery replacements, of $9,240 (acct. 411-2910-572-52-75).
ALTERNATIVES: Re-institute the golf car mechanic position at a cost of $27,290 plus benefits in addition to paying
for the parts and batteries.
? attr~ent Head's Signature ' ~City Manager's Signature
Department Name
7 -City At'~'n'~y'/Fi'n~nce / Human Resources
S:~,ULLETIN~ORMS~.GENDA ITEM 'REQUEST FORM.DOC
RESOLUTION R02-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE A MAINTENANCE
AGREEMENT BETWEEN THE CITY OF BOYNTON
BEACH AND PROFESSIONAL GOLF CAR
CORPORATION OF FLORIDA, FOR THE
MAINTENANCE OF 97 GOLF CARS, AND
PROVIDING AN EFFECTWE DATE.
WHEREAS, Professional Golf Car is the sole service provider for warranty
service for Club Car in this region; and
WHEREAS, this agreement ensures that each car will be inspected monthly to
insure proper function of the acceleration, braking, steering, handling systems and safety
systems; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution upon adoption
hereof.
Section 2, The City Commission of the City of Boynton Beach, Florida does
authorize and direct the Mayor and City Clerk to execute a Maintenance
between the City of Boynton Beach and Professional Golf Car Corporation of
Florida, a copy of which Agreement is attached hereto.
Section 3. This Resolution will become effective immediately upon passage.
PASSED AND ADOPTED this day of October, 2002.
S:\CA\RESO~Agreements\Maintenance Agreement Professional Golf Car.doc
CITY OF BOYNTON BEACH, FLORIDA
Mawr
Vice Mayor
Commissioner
Commissioner
Commissioner
ATTEST:
City Clerk
(Corporate Seal)
S:\CA\RESO~Agreements\Maintenance Agreement Professional Golf Car.doc
GOLF CART MAINTENANCE AGREF_~MENT
THIS IS AGREEMENT da~ed this day of ,, ~-002, made by and
between:
PROFESSIONAL GOLF CAR CORPORATION OF FLORIDA
5385 Lake Worth Road
~cre~, Florida 33463
(hereinafter referred to as "PGCC")
THE CITY OF BOYNTON BEACH, FLORIDA
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33~2~
(hereinaRer referred to as "CITY")
NOW, TI-[EREFORE, IN CONSIDERATION of th~ mutual tenv. s and conditions.
promises, covenarrts, and payments hereinafter set forth, PGCC and CITY agree a~ follows:
1.0 PURPOSE. Pursuant to the terrr~ and conditions of this Agreement, PGCC agrees to
inspect twenty-five (25) of the CITY's golf carts which are located az the CITY's golf
course on a weeidy b~is. In addi~iom PGCC agre~ to repair inoperable golf carts, and
CITY agrees to pay for the repai~ of the golf carts subject to the tenm and cond?tions of
this Agreement.
2.0 TERM. The Agreement is for a term of one year, from November 10, 2002 until
November 9, 2003 (bereinaiter referred m as the "TermS'). The parties ma),' agree to
recew the A~eement on an annuat basis by executing a written amendment to this
Agreement.
3.0 P(3CC RESPONSIBILITIES. ?GCC hereby agrees to perform or cause to be
performed the following service to the golf carts:
3.1 PC. K2C si:mil inspect golf cra-ts for proper operation, including, but not limited to
golf cart a~celeratiort, braking, handling, reverse buzzers, and s~eering.
3.2 PGCC shall perform recommended lubrication o f the golf carts as required.
3.3 PG-CC shall inspect the golf cart battery water level and dr~ pressure' PGCC shal2
ad'dsc CITY of b~ttery water level in order for CITY to ~1 battery with w'ater.
PGCC shall adjust tire pressure ~s necessa~-y.
?GCC shall inspect the aolf carts in oxder to determine it' the proper cables and
wi~es are in good condition and open~ing properly, and shall also inspect the
instructional decals m'e in place. PGCC shall replace any missing or damaged
instructional decals.
3.5 PGCC .~hall inspect the golf cart chargers to insure that they turn on properly.
4.0 CITY RESPONSIBILn'IES. CITY hereby agrees to perform or cause to be perform
the following:
4.1 Fill gelf c, an batteries with water pursuant to the advice provided by PGCC.
4.2 Info..,m PG-CC if the golf cart chargers do not shut off.
4.3 In order :o schedule a service call for a can, the CITY shall call PGCC to
schedule the service call.
5.0 ,~~,~.~T~. CITY agrees to pay to PC-CC, the following fees in consideration of
PGCC's services pursuant :o this Agreement:
5.1 Inspection of golf carts at the rate of $7.50 per golf cart per momh. (Example: If
PCK~C inspects gO golf car~s during the month, the CITY will pay $600.00)
5.2 Battery installation (6¥) at the rate of $280.00 per set, or $52.00 per battery not
installed.
5.3 Battery installation (SV) a: the rate of $408.00 per set, er $68.00 per battery not
installed. ·
5.4 Repairs to golf carts shall be performed at the rate of $44.00 l:er hour plus the cost
of the pans that are not covered by warranty. POCC shall not e,harge CITY a
se.~arate fee for a service call. The cost of pans required ~ repair any and all
damages caused by ac¢idem, negligence, or improper use of said golf cars on the
part of the CITY, or its agents or licensees or by individual operators sub-rentin~
from CITY shall be invoiced to CITY at the normal prevailing rate charged by
?GCC.
6.0 [N$~N(2£. POCC shall not commence work under this comra~-t until it has obtained
all insuranoe required under this paragraph and such insurance has been approved by the
Risk Manager et' the CITY nor st~all ~he PC. fCC allow any Subcontractor to commence
work on its vab-comraet until all similar such insurance requited of the subcontractor has
been obtained and approved.
6.1 Cenific,,tes of ~ance, reflecting evidence of the requi~ed insurance, shall be
filed with the Risk Manager prior to the commencement of the work. These
Certificates shall contain a provision that coverages afforded under these policies
will not be canceled until at least thirty days (30) prior written notice has been
-2-
given to the CITY. Policies shall be issued by companies authorized to cio
business under the laws of the State of Fiorida.
6.2 Fin~cial Ratings must be no less than "A" in the latest edition of "Bests Key
Rating Guide", published by A.M. Best Guide.
6.3 [nsu_~ance shall be in fiarce until all work required to be performed under the terms
of ge Agreement is satisfactorily completed as evidenced by the formal
acceptance by the CITY. In the event the insurance certificate provided indicates
that the insurance shall terminate and lapse during the period of this contract, then
in that even~, the PC-CC shall furnish, at least thirty (30) days prior to the
expiration of ~.e date of such insurance, a renewed certi:fieate of insurance as
proof thru equal lind like coverage for the balance of the period of the contract and
extension thereunder is in effect. PGCC shall not c~r~tinue to work pursuant to
this contract unless all required insurance remains in full force and effect.
6.4 Comprehensive Oeneral Liability insurance to cover liability bodily injury and
property damage. Exposures to be covered are: premises, operaIions,
l:roduet~'¢ompleted operations, and certain contracts, Coverage must be written
on an occurrence basis, with the following limits of liability:
A. Bodily Injury.
1. Each Occurrence $1,000,000
2. Annual Aggregate 1,000,000
B. Property Damage
1. Each Occurrence ~,000,000 :
2. Annua~ Aggregate ',,000,000
C. Personal Injury
Annual Aggregate 1,000,000
D. Completed Operatiom and Products Liability, shall be mainr~.ined for t~'o
(2) years ~er the final payment.
E. Property Damage Liability Insurance shall include Coverage for the
following hazards: X - explosion, C - Collapse, U - underground.
6.5 Workers Compemation insurance shall be maintained during the life of thi~
contract to comply with statutory limits for all employees: and in the case any _
work is sublet, PGCC shall require the Subcontractor to provide Workers
Cempensation Insurance for all the laner's employees unless such employees are
covered by tim protection afforded by PC-CC. PG-CC and its Subcontractors shall
maintain during the life of this policy Employers Liability Insurlmce. The
t'ollov,'ing limits must be maintained:
A. Workers Compensation Statutory
-3-
Scm 23 02 02:5~ C~t~ oF ~o:n~o~ Beacm (SGl~ 95G-1700 ~.5
B. Employer's Liability $ 500,000 per occurrence
6.6 Comprehensive Auto Liabilit~
A. Bodily Injury
t. Each Occurrence $1,000,000
2. Annual Aggregate 1,000,000
B. Property Damage
1. Each Occurrence 1,000,000
2. Annual Aggregate 1,000,000
Coverage ~all include owned, hired, and non-owned vehicles.
6.7 PCzCC shall indemnify and save harm',ess the CITY, its elected officials, officers
and employees from and against any and all claims, derr~n~, or causes of action
of wtmtsoever kind or nature arising out of, in cormection with the performance of
its ol:ligations pursuant to this Agr~emem. POCC agrees that that they shall pay
all claLms, losses, liens, settlements or judgments of any nature m connection with
any injury resulting fi.om the performance of its obligations pursuant to this
Agreement, including but not limited to reasonable attorney's fees costs,
including paraiegal expense~, at both the trial anti appellate levels, to defend any
and all claims or suits in the name of the CITY when applicable. PG-CC agrees to
defend all actions in the name of the CITY provided, however, that the CITY
rcs~ves the right to select its o,~n legal counsel to conduct any &fense in any
such proceeding. All costs and fees associated therewith shall he the,
responsibility of POCC pursuant to this indemnification.
6.8 The CITY reserves the right to require any other insurance coverage it deems
necessary depending upon the exposures.
7.0 TAXES.. PGCC shall be respomible and agrees to collect and remk all sal~s, use,
properly or ota~r taxes imposed by state, federal or local authorities arising out of this
Agreemel~
8.0 PUBLIC ENTITIES CRIME ACT. As required by Florida law, PC_.rCC shall ex~cme
that document attached hereto as Exhibit "A' a~ or prior To commencement of this
Agreement v~g that PG-CC has not been convicted of a public entities crime as
provided in §287.133, Florida Statutes.
9.0 DEFAULT, Upon the failure of PGCC or CITY to perform any of the terms and
conditions of this Agreement, the party not aI fault shall have the rights to cancel this
Agreement, by giving thirty (30) days. written notice to the party at fault, specifying
therein the reason therefore, and ii' the parD, at fauk has not cured the fault witkin thirty
(30) days, then this Agreement shah be terminated. All moneys due and owing ai the time
of s~ch termination shall become effective will be paid by the CITY.
.4-
0.0 ~,~=~.~. Neither part>- s?mll hav~ thc right to assign thc Agreement without th~
prior ~witten ~n~t of t~ other p~, w~ch count s~ll net ~ u~rmbly
wit~e~d.
l 1.0 P~OR AG~:E~TS. T~s A~emem con~s ail of t~ ~eeme~ of the p~ies
hereto ~ r~eet to ~y ~trer ~vered or ~mioned ~ ~s A~emem, ~d no ~or
a~e~ems or ~t~d~s ~g to ~y ~ch ~ers s~ ~ eff~tive for ~y
p~. No p~sion of t~ A~ment ~y he ~end~ or ~ded to except by
a~eemem ~ ~x~ si~ed by t~ p~ies h~to or the~ respective s~ces~rs ~ ~terest.
T~s ~reemem s~] not be eff~tive or bind~g on ~y p~ ~ntil ~[y ex~med by
oth~ p~ies ~reto.
12.0 CBOICE OF LAW. ~is A~eemem s~l ~ governed by ~e ~ws of ~e Stye of
F~fid~ In ~y pmc~d~ brou~ re~tive ~ ~e t~
ve~e sha~ be ~ P~ B~eh Co~b,, Flori~.
13.0 ~. ~y notices ~der t~s A~me~ ~1
~e by U~ed St~es ~iL po~e p~p~d, ~ed or re~ed ~il, ret~
r~sted, or by ~ deli~r~g ~ ~e by pro~ssioml co~, ad&e~d to P~C or
CITY. ~ tee c~ ~y ~, at ~ re~ecfive ad&e~ ~t o~ o~osite t~ ~es ~low.
or ~ 'such ot~ ~ess ~ ~h~ ~y here~er ~ec~'
~cord~e he~w~h:
CITY: K~ Brusher, C~y M~
City of Bo>~on ~ach
100 E~ Bo)~on ~h Bo~ev~d
Boron Beth, FL 33425
TeI~ne No. (954) ~31
Faes~e No. {9~4) 437-1149
~TH COPY TO: 3~es C~rof, City
100 E~ ~ron ~gh Boulev~d
Boymon Beth, FL 33425
Tel~ne No. (561) 742-6050
Fa~ile No. (561) 742.6054
P~C: P~ss~ml Oo~ C~ Co~ora~on of Flori~
5385 L~e Wo~ ~
Gme~cres, FL 33463
Telephone No. (561} 433-2500
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the
day and year first written above.
PROFESSIONAL GOLF CAR
CORPO1La. TION OF FLORIDA
PrintName: /~M/.-g ~
(CORPORATE SEAL)
STATE OF FLORIDA )
)SS:
COUNTY OF PALM BEACH )
BEFORE ME, an officer duly_ authorized by law to administer oaths and take
acknowledgments, pm-sonally appeared ,~.r l~ .I'. 3'~ h r~..~,a as /~r~ ~ ,
of PROFESSIONAL GOLF CAR CORPORATION OF FLORIDA aa orgatfization authorized to
do bu$ine~ in the State of Florida, and aclmowledged executed the foregoing Agreement as the
proper official of PROFESSIONAL GOLF CAR CORPORATION OF FLORIDA for the use and
purlmses mentioned in it and affixed the official seal of the cxn~ration, and that the instrument is
the act and deed of that corporation.~.e/she is personally known to me or has produced ·
IN WITNESS OF THE FOREGOING, I have .t~t my. hand and official ~ at in tine State
and CourrtT afor, mid on ti'th o~ ~ day of ~ . 2002.
*~illr. ~ Com~.~.i~. cc~2ar NOn, tRY PUBLIC
% #-"~'~,~ ~xpire~ September 28, 2003
My Commission ~xpites:
CITY OF BOYNTON BEACH, FLORIDA
ATTEST:
By:
Kurt Bresmer, City Manager
Janet Prainito, City Clerk
-6-
Approved as to Form:
City Attorney
DNT:dnt
H:\I ~90'~(~01~2.]~]~.AGMITM CAKT MAINT~NA.NC~ AGREE~.doo
Ca~n~n~'Gol f Cour~,'G al f Cm't Maiaten~n~o
-7-
ACO.qD. CERTIFICATE OF LIABILITY INSURANCE
9ROFE$2 09/24702
,qoeuciN T'NIE CERTFICATE II IESUED M A MATTER OF' INFORMATION
ONLY JNO CONFERI NO RIGNI'I UPON THE CERTIFICATE
S~aton Znsu=&noe HOLDER. TI41 CERTIqCATE DOES NOT AA~ND, EXTE~ OR
P 0 Box 385"/ N. TER THE COVERAGE AFFORDED IY THE POI. JCI~ BELOW.
West Pa2~n Beach FL 33402
Phone: 561-683-8383 Fax: 561-684-5995 INI. JRER$ AFFOROtNG COV~;LAGE
Professional ~olf Car
Corporation of Florid~
538B Lak~ Worth R~&cl
~ceenecres EL 33463 i
¢OYERA~EI
T-~E POLICIES OF INSURANCE LISTED BPI. OW biAVE ~ I8$~IED TO ~ IP,4S~.,FtED N~',I;O ABOVE FOR T~E =Ot~C¥ PERIOD r~ClCATED.
ao4Y REQUIq~-IdENT. TERM OR CO~OITIO~ OF ~ CONTRACT OR O~ DOC~IVtENT ~TM ~CT '0 V,/~iC~ 'MI6 CERTI;I¢ATE MAY BE ~;~;.JED OR
MAY PERTAIN. THE INSURANCE AFFCRDIrO BY THE ~'OtlClES I~SC~SED HEREIN IS S~BJECT TO ALL THE TERMS. EXCLUSIONS W'4O C~I"IO~S OF
=OLCIE$. AG~It, E(3ATE LIMITS SHOWN MAY H~E BEEN REDUCED BY PNO CLA*M$.
~.TIt i ?YPl OF I#IURJU~C~ ~OU'*Y #UNI~R 341~ ;~ff_??'yy' ~./1 ~YY) !JMITI
A IZ :o~;~c~ ;~N~ ~ r~ DPS3542'~915 09/29/02 ~8/29/03 ~ '
j~ 2,000,000
i =oucY , ~ ~CTm~c ~ Ben. ~ l~000r000
A__~ ~v,uro DPG3542~815 08/29/02 08/29/03 ~,~c~ce~ ~ 1,000,000
~5 3000000
a :~ oc:~ ':~ EB~12944g 09/29/02 08/29/03 ~=.;~; ' 3000000
A ~ ~o~=~ Seo~oa EPS3542T815 08/19/02 08/29/03 i BI~n~ 845,000
VII.-CONSENT AGENDA
ITEM C.1
CITY OF BOYNTON BEAC!
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
[] August 6, 2002 July 17, 2002 (5:00 p.m.) [] October 1,2002 September 16, 2002 (Noon)
[] August 20, 2002 August 5, 2002 (Noon) [] October 15, 2002 September 30, 2002 (Noon)
[] September 3, 2002 August 19, 2002 (Noon) [] November 6, 2002 October 14, 2002 (Noon)
[] September 17, 2002 September 3, 2002 (8:00 a.m.) [] November 19, 2002 November 5, 2002 (Noon)
[] Administrative [] Development Plans
NATURE OF [] Consent Agenda [] New Business
AGENDA ITEM [] Public Hearing [] Legal
[] Bids [] Unfinished Business
[] Announcement [] Presentation
[] City Manager's Report
RECOMMENDATION: Approval of contract between Bethesda Memorial Hospital and the City of Boynton Beach.
EXPLANATION: BMH will allow the City of Boynton Beach to use the buildings at 2800 and 2824 S. Seacrest Blvd., and
2620, 2704, 2706,and 2710 S.W. 4 th St. for the purpose of Fire Rescue training.
PROGRAM IMPACT: Fire Rescue personnel will get realistic training in commercial building. Because we are in the
process of hiring and training 4 new Firefighters this training is invaluable.
FISCAL IMPACT: No cost to City.
ALTERNATIVES: Props cost time, materials, money, and they are rarely realistic. Years of fLre training experience dictates
that real buildings provide the best training at the least cost.
Departn~nt Head's Signature City Manager's Signature
ChiefBingham /c~t' c-(_ I~-'r ~)C t&c_
Department Name Attorney / Finance / Human Resources
Fire Rescue
SSBULLETINWORMS~AGENDA ITEM REQUEST FORM.DOC
RESOLUTION NO. R02-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
AND DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE AN AGREEMENT BETWEEN THE CITY OF
BOYNTON BEACH AND BETHESDA MEMORIAL
HOSPITAL FOR FIRE RESCUE TRaMNING; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City's Fire Department desires to use the buildings located at 2800
and 2824 S. Seacrest Boulevard, Boynton Beach, Florida; and 2620, 2704, 2706, 2710 S.W.
4t~ Street, Boynton Beach, Florida for the purpose of fire rescue training exercises; and
WHEREAS, this will allow Fire Rescue personnel to get realistic training, which is
an invaluable tool to the department and the citizens and residents of the City;
WHEREAS, the owner of the buildings, Bethesda Memorial Hospital, has agreed to
allow the City to use the aforesaid buildings for fire rescue training sessions;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. Each Whereas clause set forth above is true and correct and
incorporated herein by this reference.
Section 2. The City Commission of the City of Boynton Beach, Florida does
authorizes the Mayor and City Clerk to execute an Agreement between the City of
Boynton Beach and Bethesda Memorial Hospital, allowing the use of the buildings at 2800
and 2824 S. Seacrest Blvd., and 2620, 2704, 2706, 2710 S.W. 4th Street, Boynton Beach,
for fire rescue training purposes. A copy of that Agreement is attached hereto and
made a part hereofi
;:\CAXRESOXAgreementsXBBFDWire Training - BMH.doc
Section 3. That this Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this ~ day of October, 2002.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
~TTEST:
City Clerk
(Corporate Seal)
5:\CALRESO~Agreements~BBFD\Fire Training - BMH.doc
AGREEMENT AND GENERAL RELEASE
THIS AGREEMENT AND GENERAL RELEASE, is made this day of
, 200_ by and between the CITY OF BOYNTON BEACH, FLORIDA
("City") and ("Owner").
WITNESSETH:
WHEREAS, Owner warrants that he/she owns certain property located within the limits
of the City and located at the following addresses:
2800 and 2824 South Seacrest Boulevard, Boynton Beach, Florida
and
2620, 2704, 2706, 2710 S.W. 40` Street, Boynton Beach, Florida; and
WHEREAS, The Fire Department of the City desires to use the buildings located on said
property for the purposes of training; and
WHEREAS, Owner permits the City to use the building for appropriate training
exercises which may include the use of smoke.
NOW, THEREFORE, for the mutual covenants and matters set forth herein, as of the
date set forth above, the parties hereby agree as follows:
1. The recitations set forth above are incorporated herein.
2. Owner agrees to allow the City to enter onto the property referred to herein for
fire rescue training exercises after execution of the Agreement.
3. It is understood and agreed that as part of the training exercises, the participants
may conduct invasive training that may result in structural damage to the building.
S:,,CA~,AGMTS~BBFD'xBethesda fife release for training no bum 100102.doc
4. Owner acknowledges that the City shall assume no responsibility for said land or
structures. Owner is still responsible for costs associated with demolition of structure and
removal of debri.
5. Prior to conducting training exercises, City, or its designated representative, shall
review with Owner, the areas of the property which will be used in the training exercises.
6. The City shall be responsible for any injuries to its employees occurring during
activities in the course and scope of their employment while performing training activities on the
property referred to herein and for any damage to any property owned by the City. The City
shall also be responsible for its own negligence, and shall defend and indemnify the Owner from
all claims, suits, causes of action or any claim whatsoever made arising from the City's
negligence, to the extent permitted by law. Nothing in this paragraph is considered a waiver of
sovereign immunity by the City.
7. No prior or present agreements or representations shall be binding upon any of the
parties hereto unless incorporated in this Agreement. No modification or change in the
Agreement shall be valid or binding upon the parties unless in writing, executed by the parties to
be bound thereby.
8. This Agreement is governed by the laws of the State of Florida and venue is in
Palm Beach County.
IN WITNESS WHEREOF, the City has caused these presents to be executed in its
name by its City Manager, and attested and its official seal to be hereunto affixed by its City
Clerk, and Owner has hereunto set its hand and seal the day and year first above written.
ATTEST: CITY OF BOYNTON BEACH, FLORIDA
By: By:
City Clerk Mayor
Approved as to Form and
Legal Sufficiency:
By:
City Attorney
WITNESSES: OWNER
By:
Print Name
Print Name
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
,200__, by (name of person
acknowledging).
Signature of Notary Public - State of Florida
Print, Type, or Stamp Commissioned Name
of Notary Public
Personally Known OR Produced Identification
Type of Identification Produced:
- VII.-CONSENT AGENDA
ITEM C.2
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FOR v
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
[] August 6, 2002 July 17, 2002 (5:00 p.m.) [] October 1,2002 September 16, 2002 (Noon)
[] August 20, 2002 August 5, 2002 (Noon) [] October 15, 2002 September 30, 2002 (Noon)
[] September 3, 2002 August 19, 2002 (Noon) [] November 6, 2002 October 14, 2002 (Noon)
[] September 17, 2002 September 3, 2002 (8:00 a.m.) [] November 19, 2002 November 5, 2002 (Noon)
[] Admimstrative [] Development Plans
NATURE OF [] Consent Agenda [] New Business
-3
AGENDA ITEM [] Public Hearing [] Legal
[] Bids [] Unfinished Business
[] Announcement [] Presentation
[] City Manager's Report
RECOMMENDATION: ' -
Motion to authorize a project agreement for the Florida Recreation Development Assistance Program (FRDAP) grant known
as the Wilson Park Expansion Project.
EXPLANATION:
The City's Parks Department staff submitted a grant application to Florida Department of Environmental Protection. A
grant for up to $112,500 was approved to acquire 2 lots adjacent to Wilson Park. Recently local members of the State
Legislature attended a City Commission meeting presenting the grant award. This document formalizes the agreement.
PROGRAM IMPACT:
This agreement allows the City to begin the property acquisition process necessary to expand Wilson Park.
FISCAL IMPACT:
$150.000 is designated in the 2002/03 CIP (account #302-4113-50-63.15). The city will be reimbursed 75% of the actual
cost of the acquisitions.
ALTERNATIVES:
Not accept the grant award from the Florida Department of Environmental Protection.
/ nt Head s Signature / ~ ' City Manager's Signature
Parks
Department Name 7/ City/~t°mey~Fin_~,nce / Human Resources
S:~BULLETIN~ORMS'~AGENDA ITEM REQUEST FORM.DOC
RESOLUTION NO. 02-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, ACCEPTING THE
FLORIDA RECREATION DEVELOPMENT ASSISTANCE
PROGRAM (FRDAP) GRANT IN AN AMOUNT NOT TO
EXCEED $112,500 TOWARD THE PURCHASE 2 LOTS
ADJACENT TO WILSON PARK; AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE SAID GRANT
AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach Recreation Department applied for and has
been awarded a grant from the Florida Recreation Development Assistance Program
') for the acquisition of two parcels adjacent to Wilson Park; and
WHEREAS, said grant is in an amount not to exceed $112,500.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach hereby authorizes
the Mayor and City Clerk to accept and execute the Grant from the Florida Recreation
Assistance Program in an amount not to exceed $112,500, for the expansion of
t the acquisition of two parcels of land adjacent to Wilson Center. A copy of
grant agreement is attached hereto.
Section 2. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this~ day of October, 2002.
CITY OF BOYNTON BEACH, FLOR[DA
Mawr
Vice Mayor
Commissioner
Commissioner
Commissioner
;T:
City Clerk
~:ca~resoXagreements\grants~recreation - Wilson Center Expansion
Department of
Environmental Protection
~~~-~ Marjory Stoneman Douglas Building
Jeb Bush 3900 Commonwealth Boulevard David Et. Struhs
Governor Tallahassee, Florida 32399-3000 Secretary
August 23, 2002
Ms. Barbara J. Meacham
Parks and Landscape Planner
City of Boynton Beach
Post Office Box 310
Boynton Beach, Florida 33425-0310
Re: Wilson Park Expansion
FRDAP Project No. F03508
Dear Ms. Meacham:
Attached is your project agreement for the Florida Recreation Development Assistance Program
(FRDAP) grant. The grant agreement has been prepared in accordance with your grant application. It is
important that you review the agreement to ensure that information specific to your project is accurate.
.... hea cement, do not~'~
Please execute and return both original copies of the agreement, m s~gmng t gr
complete the blank space for the date. Our staff will date the agreement when formally exe~-6~ed by
the Department and one original copy will be returned to you.
Thank you for your attention to this matter. If you have any questions, please contact us at
(850) 488-7896 or Suncom 278-7896.
Sincerely,
A. Diane Langston
Community Assistance Consultant
~~'~ Bureau of Design and Recreation Services
J Division of Recreation and Parks
Mail Station #585
"More Protection, Less Process" Exhibit A
Printed on recycled paper.
F3508
DEP Contract Number
CSFA Number: 37017
CSFA Title: FRDAP
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP)
Project Grant Agreement (FY 2002-03) - Acquisition
This Project Agreement is made and entered into this ~-~G' __ day
of , 200 , by and between the State of Florida, DEPARTMENT of
Environmental Protection, hereinafter called the DEPARTMENT, and the CITY
OF BOYNTON BEACH, hereinafter called the GRANTEE, a local government, in
furtherance of an approved public outdoor recreation project. In
consideration of the mutual covenants contained herein and pursuant to
section 375.075, Florida Statutes, and chapter 62D-5, Part V, Florida
Administrative Code, the parties hereto agree as follows:
1. This Project Agreement shall be performed in accordance with
section 375.075, Florida Statutes, and chapter 62D-5, Part V,
Florida Administrative Code, hereinafter called the RULE. The
GRANTEE shall comply with all provisions of the RULE effective
August 23, 2000, which is incorporated into this Project
Agreement as if fully set forth herein. It is the intent of the
DEPARTMENT and the GRANTEE that none of the provisions of section
163.01, Florida Statutes, shall have application to this Project
Agreement.
2. The DEPARTMENT has found that public outdoor recreation is the
primary purpose of the project known as Wilson Park Expansion
(Florida Recreation Development Assistance Program, FRDAP Project
Number F03508), hereinafter called the PROJECT, and enters into
this Project Agreement with the GRANTEE for the acquisition of
that real property, the legal description of which shall be
submitted to the DEPARTMENT as described in the Florida
Recreation Development Assistance Program Development Project
Pre-reimbursement/Commencement Documentation Form, DEP Form FPS-
A034.
Page 1 of 10
3. Within three (3) years from the completion date set forth in
the PROJECT completion certificate, unless extended by the
DEPARTMENT staff for good cause at the written request of the
GRANTEE, the GRANTEE will construct, or cause to be constructed,
certain public outdoor recreation facilities and improvements in
accordance with the following development elements: Playground,
swimming pool, picnic facilities, restroom, security lighting,
landscaping, and other support facilities.
4. The DEPARTMENT shall pay, on a reimbursement basis, to the
GRANTEE, funds not to exceed $112,500.00, which will pay the
DEPARTMENT'S share of the cost of the PROJECT. DEPARTMENT fund
limits are based upon the following:
DEPARTMENT Amount $112,500 75%
GRANTEE Match $ 37,500 25%
Type of Match Cash
5. The PROJECT reimbursement request shall include all
documentation required by the DEPARTMENT for a proper pre-audit
and post-audit review. Within sixty (60) days after receipt of
the request, the DEPARTMENT'S Contract Manager shall review the
completion documentation and payment request from the GRANTEE for
the PROJECT. If the documentation is sufficient and meets the
requirements of the Florida Recreation Development Assistance
Program Completion Documentation Form, DEP Form FPS-A037,
referenced in s. 62D-5.058(6)2(g), the DEPARTMENT will approve
the request for payment.
6. The DEPARTMENT will periodically request proof of a transaction
(invoice, payroll register, etc.) to evaluate the appropriateness
of costs to the agreement pursuant to State and Federal
guidelines including cost allocation guidelines), as appropriate.
This information when requested must be provided within 30
calendar days of such request. The Grantee may also be required
to submit a cost allocation plan to the Department in support of
its multipliers (overhead, indirect, general administrative
costs, and fringe benefits). All bills for amounts due under
this agreement shall be submitted in detail sufficient for a
proper pre-audit and post-audit thereof. State guidelines for
allowable costs can be found in the State Comptroller's Voucher
Processing Handbook at
(<http://www.dbf.state.fl.us/aadir/mainindex'html)'
9. The GRANTEE agrees to comply with the Division of
Page 2 of 10
Recreation and Parks' Grant and Contract Accountability
Procedure, hereinafter called the PROCEDURE and incorporated into
this Project Agreement by reference as if fully set forth herein.
All purchases of goods and services for accomplishment of the
PROJECT shall be secured in accordance with the GRANTEE'S adopted
procurement procedures. Expenses representing the PROJECT costs,
including the required matching contribution shall be reported to
the DEPARTMENT and summarized on certification forms provided in
the PROCEDURE. The DEPARTMENT and GRANTEE agree to use the
PROCEDURE guidelines accounting for FRDAP funds disbursed under
the PROJECT. The parties further agree that the principles for
determining the eligible costs, supporting documentation and
minimum reporting requirements of the PROCEDURE shall be used.
8. Allowable indirect costs as defined in the PROCEDURE shall not
exceed 15% of the GRANTEE'S eligible wages and salaries.
Indirect costs that exceed 15% must be approved in advance in
writing by the DEPARTMENT to be considered eligible PROJECT
expenses.
9. It is understood by the parties that the amount of this Project
Agreement may be reduced should the Governor's Budget Office
declare a revenue shortfall and assess a mandatory reserve.
Should a shortfall be declared, the amount of this Project
Agreement may be reduced by the same percentage as the DEPARTMENT
is assessed for the mandatory reserve.
10. Ail monies expended by the GRANTEE for the purpose contained
herein shall be subject to pre-audit review and approval by the
Comptroller of Florida in accordance with s. 17.03(2), Florida
Statutes.
11. PROJECT funds may be reimbursed for eligible Preagreement
Expenses (as defined in s. 62D-5.054(34) of the RULE) incurred by
GRANTEE prior to execution of this Project Agreement as set forth
in s.62D-5.055(9) of the RULE. The DEPARTMENT and the GRANTEE
fully understand and agree that there shall be no reimbursement
of PROJECT funds by the DEPARTMENT for any expenditure made prior
to the execution of this Project Agreement with the exception of
those expenditures which meet the requirements of the foregoing
sections of the RULE.
12. Prior to commencement of PROJECT acquisition, the GRANTEE shall
submit the documentation required by the Florida Recreation
Development Assistance Program Acquisition Project Pre-
reimbursement/Commencement Documentation Form, DEP Form FPS-A034,
referenced in s. 62D-5.058(6) (f) of the RULE, to the DEPARTMENT.
Upon determining that the documentation complies with the RULE,
Page 3 of 10
the DEPARTMENT will give written notice to GRANTEE to commence
the acquisition and approve the request for payment.
13. GRANTEE shall complete acquisition of the PROJECT site by
_~J- (hereinafter referred to as the PROJECT
completion d~te). The GRANTEE may request up to two (2) one (1)
year extensions from the DEPARTMENT for good cause at the written
request of the GRANTEE and such request must be made prior to the
PROJECT completion date. This Project Agreement shall become
effective upon execution and the Project must be completed within
5 years, or money may revert.
14. The GRANTEE shall retain all records supporting PROJECT costs for
five (5) years after the fiscal year in which the final PROJECT
payment was released by the DEPARTMENT or until final resolution
of matters resulting from any litigation, claim or audit that
started prior to the expiration of the five-year retention
period. The DEPARTMENT, State Auditor General, State Comptroller
and other agencies or entities with jurisdiction shall have the
right to inspect and audit the GRANTEE'S records for said PROJECT
within the five-year retention period.
15. In addition to the provisions contained in Paragraph 14 above,
the GRANTEE shall comply with the applicable provisions contained
in Attachment 1. A revised copy of Attachment 1, Exhibit-l, mus
be provided to the GRANTEE with each amendment which authorizes ~
funding increase or decrease. The revised Exhibit-1 shall
summarize the funding sources supporting the Project Agreement
for purposes of assisting the GRANTEE in complying with the
requirements of Attachment 1. If the GRANTEE fails to receive a
revised copy of Attachment 1, Exhibit-l, the GRANTEE shall notify
the Department's FRDAP Grants Administrator at 850/488-7896 to
request a copy of the updated information.
16. Following receipt of an audit report identifying any
reimbursement due the DEPARTMENT for the GRANTEE'S non-compliance
with this Project Agreement, the GRANTEE will be allowed a
maximum of thirty (30) days to submit additional pertinent
documentation to offset the amount identified as being due the
DEPARTMENT. The DEPARTMENT, following a review of the
documentation submitted by the GRANTEE, will inform the GRANTEE
of any reimbursement due the DEPARTMENT.
17. The DEPARTMENT'S Grant Manager for the purpose of this Project
Agreement shall be responsible for ensuring performance of its
terms and conditions and shall approve all reimbursement requests
prior to payment. The GRANTEE'S Grant Manager, as identified in
the PROJECT application, or successor, shall act on behalf of the
GRANTEE relative to the provisions of this Project Agreement.
The GRANTEE, shall submit to the DEPARTMENT signed PROJECT statu~
Page 4 of 10
reports every ninety (90) days summarizing the work accomplished,
problems encountered, percentage of completion, and other
information which may be requested by the DEPARTMENT.
Photographs to reflect the construction work accomplished shall
be submitted when the DEPARTMENT requests them. Any and all
notices shall be delivered to the parties at the following
addresses:
Grantee's Grant Manaqer Department's Grant Manaqer
Ms. Barbara J. Meacham A. Diane Langston
Parks and Landscape Planner Dept.of Environmental Protection
100 E. Boynton Beach Boulevard 3900 Commonwealth Blvd., MS 585
Boynton Beach, Florida, 33425-0310 Tallahassee, Florida 32399-3000
18. Prior to final reimbursement, the GRANTEE must erect a permanent
information sign on the PROJECT site which credits PROJECT
funding or a portion thereof, from the Florida Department of
Environmental Protection and the Florida Recreation Development
Assistance Program.
19. The DEPARTMENT has the right to inspect the PROJECT and any and
all records related thereto at any reasonable time.
20. This Project Agreement may be unilaterally canceled by the
DEPARTMENT the GRANTEE to allow public access to all documents,
papers, letters, or other materials made or received by the
GRANTEE unless the records are exempt from Section 24(a) of
Article I of the State Constitution and Section 119.07(1),
Florida Statutes.
21. Prior to the closing of the PROJECT the DEPARTMENT shall have the
right to demand a refund, either in whole or in part, of the
FRDAP funds provided to the GRANTEE for non-compliance with the
material terms of this Project Agreement. The GRANTEE, upon such
written notification from the DEPARTMENT, shall refund, and shall
forthwith pay to the DEPARTMENT, the amount of money demanded by
the DEPARTMENT. Interest on any refund shall begin the date that
the GRANTEE was informed that a refund was required until refund
and interest is paid to the Department.(approved by OIG)
22. The GRANTEE shall comply with all federal, state and local rules,
regulations and ordinances in acquiring and developing this
PROJECT. The GRANTEE acknowledges that this requirement includes
compliance with all federal, state and local health and safety
rules and regulations including all applicable building codes.
The GRANTEE further agrees to ensure that the GRANTEE'S contract
Page 5 of 10
will include the requirements of this paragraph in all
subcontracts made to perform this Project Agreement.
23. Land owned by the GRANTEE, which is developed or acquired with
FRDAP funds, shall be dedicated in perpetuity as an outdoor
recreation site by the GRANTEE for the use and benefit of the
public as stated in Administrative Rule 62D-5.059(1). Land under
control other than by ownership of the GRANTEE such as by lease,
shall be dedicated as an outdoor recreation area for the use and
benefit of the general public for a minimum period of twenty-five
(25) years from the completion date set forth in the PROJECT
completion certificate. All dedications must be recorded in the
public property records by the GRANTEE. Such PROJECT shall be
open at reasonable times and shall be managed in a safe and
attractive manner appropriate for public use.
24. Failure to comply with the provisions of the RULE or the terms
and conditions of this Project Agreement will result in
cancellation of the Project Agreement by the DEPARTMENT. The
DEPARTMENT shall give the GRANTEE in violation of the RULE or
this Project Agreement a notice in writing of the particular
violations stating a reasonable time to comply. Failure to
comply within the time period stated in the written notice shall
result in cancellation of the Project Agreement and may result in
the imposition of the terms in Paragraph 21.
25. In the event of conflict in the provisions of the RULE, the
Project Agreement and the Project Application, the provisions of
the RULE shall control over this Project Agreement and this
Project Agreement shall control over the Project Application
documents.
26. If the DEPARTMENT determines that site control is not sufficient
under the RULE the DEPARTMENT shall give the applicant a notice
in writing and a reasonable time to comply. If the deficiency
cannot be reasonably corrected within the time specified in the
notice, the DEPARTMENT shall cancel this PROJECT AGREEMENT.
27. The State of Florida's performance and obligation to pay under
this Project Agreement is contingent upon an annual appropriation
by the Florida Legislature.
28. This Project Agreement strictly prohibits the expenditure of
FRDAP funds for the purpose of lobbying the legislative,
judicial, or executive branch, of local, state or federal
government.
Page 6 of 10
29. A. No person on the grounds of race, creed, color, national
origin, age, sex, marital status or disability, shall be
excluded from participation in; be denied the proceeds or
benefits of; or be otherwise subjected to discrimination in
performance of this Project Agreement.
B. An entity or affiliate who has been placed on the
discriminatory vendor list may not submit a bid on a
contract to provide goods or services to a public entity,
may not submit a bid on a contract with a public entity for
the construction or repair of a public building or public
work, may not submit bids on leases of real property to a
public entity, may not award or perform work as a
contractor, supplier, subcontractor, or consultant under
contract with any public entity, and may not transact
business with any public entity. The Florida Department of
Management Services is responsible for maintaining the
discriminatory vendor list and intends to post the list on
its website. Questions regarding the discriminatory vendor
list may be directed to the Florida Department of
Management Services, Office of Supplier Diversity at
850/487-0915.
30. Each party hereto agrees that it shall be solely responsible for
the wrongful acts of its employees and agents. However, nothing
contained herein shall constitute a waiver by either party of its
sovereign immunity or the provisions of s. 768.28, Florida
Statutes.
31. The employment of unauthorized aliens by any GRANTEE is
considered a violation of the Immigration and Nationality Act 8
USCA s. 1324a (1) (A). If the GRANTEE knowingly employs
unauthorized aliens, such violation shall be cause for unilateral
cancellation of this Project Agreement. The GRANTEE shall be
responsible for including this provision in all subcontracts with
private organizations made to perform this Project Agreement.
32. A person or affiliate who has been placed on the convicted vendor
list following a conviction for public entity crime may not
perform work as a GRANTEE, contractor, supplier, subcontractor,
or consultant under a contract with any public entity, and may
not transact business with any public entity in excess of the
threshold amount provided in s. 287.017, Florida Statutes, or
Category Two, for a period of 36 months from the date of being
placed on the convicted vendor list.
Page 7 of 10
33. The Project Agreement has been delivered in the State of Florida
and shall be construed in accordance with the laws of Florida.
Wherever possible, each provision of this Project Agreement shall
be interpreted in such manner as to be effective and valid under
applicable Florida law, but if any provision of this Project
Agreement shall be prohibited or invalid under applicable Florida
law, such provision shall be ineffective to the extent of such
prohibition or invalidity, without invalidating the remainder of
such provision or the remaining provisions of this Project
Agreement. Any action hereon or in connection herewith shall be
brought in Leon County, Florida unless prohibited by applicable
law.
34. No delay or failure to exercise any right, power or remedy
accruing to either party upon breach or default by either party
under this Project Agreement, shall impair any such right, power
or remedy of either party; nor shall such delay or failure be
construed as a waiver of any such breach or default, or any
similar breach or default thereafter.
35. This Project Agreement is not intended nor shall it be construed
as granting any rights, privileges or interest in any third party
without mutual written agreement of the parties hereto.
36. This Project Agreement is an exclusive contract and may not be
assigned in whole or in part without the written approval of the
DEPARTMENT.
37. The Grantee, as an independent contractor and not an agent,
representative, or employee of the DEPARTMENT, agrees to carry
adequate liability and other appropriate forms of insurance. The
DEPARTMENT shall have no liability except as specifically
provided in this Project Agreement.
38. To the extent required by law, the Grantee will be self-insured
against, or will secure and maintain during the life of this
Agreement, Workers' Compensation Insurance for all employees
connected with the work of this project and, in case any work is
subcontracted, the Grantee shall require the subcontractor
similarly to provide Workers' Compensation Insurance for all of
the latter's employees unless such employees are covered by the
protection afforded by the Grantee. Such self-insurance program
or insurance coverage shall comply fully with the Florida
Workers' Compensation law. In case any class of employees
engaged in hazardous work under this Agreement is not protected
Page 8 of 10
under Workers' Compensation statutes, the Grantee shall provide,
and cause each subcontractor to provide, adequate insurance
satisfactory to the Department, for the protection of all
employees not otherwise protected.
39. This Project Agreement represents the entire agreement of the
parties. Any alterations, variations, changes, modifications or
waivers of provisions of this Project Agreement shall only be
valid when they have been reduced to writing, duly executed by
each of the parties hereto, and attached to the original of this
Project Agreement.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Page 9 of 10
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be duly executed on the day and year first above written.
STATE OF FLORIDA DEPARTMENT OF CITY OF BOYNTON BEACH
ENVIRONMENTAL PROTECTION
By:
By:
Division Director (or Designee) Person Authorized to Sign
Division of Recreation and Parks
Printed Name
Title
Address: Address:
Bureau of Design and Recreation Services 100 E. Boynton Beach Boulevard
Division of Recreation and Parks P.O. Box 310
3900 Commonwealth Boulevard Boynton Beach, Florida 33425-
Mail Station 585 0310
Tallahassee, Florida 32399-3000
DEP Grant Mana~/e~' /
Approved as to Form and Legality:
This form has been pre-approved as to
form and legality by Jerome I. Grantee Attorney
Johnson, Assistant General Counsel, on
July 26, 2002 for use for one year.
DEP 42-058
Revised 06-14-2002
Page 10 of 10
SINGLE AUDIT ACT - SPECIAL AUDIT REQUIREMENTS
The administration of resources awarded by the Department of Environmental Protection (which may be referred to
as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient
(which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject
to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as
revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by
Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By
entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring
procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the
Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the
recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding
such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or
audits deemed necessary by the Comptroller or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This pan is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB
Circular A-133, as revised.
1. In the event that the recipient expends $300,000 or more in Federal awards in its fiscal year, the recipient
must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular
A-133, as revised. EXHIB~ 1 to this Agreement indicates Federal funds awarded through the Department
of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal
year, the recipient shall consider all sources of Federal awards, including Federal resources received from
the Department of Environmental Protection. The determination of amounts of Federal awards expended
should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of
the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133,
as revised, will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as
revised.
3. If the recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the
recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit
conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must
be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources
obtained from other than Federal entities).
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via
the internet at http://aspe.os.dhhs, gov/cfda.
REMAINDER OF PAGE I~N'TENTIONALLY LEFT BLANK
- DEP 55-203 (02-03) _ Page 1 of 4 .._
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes.
1. In the event that the recipient expends a total amount of State financial assistance equal to or in excess of
$300,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit
for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive
Office of the Governor and the Comptroller; and Chapters 10.550 (local governmental entities) or 10.650
(nonprofit and for-profit organizations), Rules of the Auditor General. EXH~IT 1 to this Agreement
indicates State financial assistance awarded through the Department of Environmental Protection by this
Agreement. In determining the State financial assistance expended in its fiscal year, the recipient shall
consider all sources of State financial assistance, including State financial assistance received from the
Department of Environmental Protection, other state agencies, and other nonstate entities. State financial
assistance does not include Federal direct or pass-through awards and resources received by a nonstate
entity for Federal program matching requirements.
2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that
the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission
of a financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550
(local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General.
3. If the recipient expends less than $300,000 in State financial assistance in its fiscal year, an audit conducted
in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the
recipient expends less than $300,000 in State financial assistance in its fiscal year and elects to have an
audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit
must be paid from the non-State entity's resources (i.e., the cost of such an audit must be paid from the
recipient's resources obtained from other than State entities).
4. For information regarding the Florida Catalog of State Financial Assistance (CFSA), a recipient should
access the Florida Single Audit Act website located at http:l/sun6.dms.state.fl.us/fsaa]catalog.htm or the
Governor's Office of Policy and Budget website located at http://www.eog.state.fl.us/for assistance. In
addition to the above websites, the following websites may be accessed for information: Legislature's
Website http://www.leg.state.fl.usl, Governor's Website http://www.flgov.com/, Department of Banking
and Finance's Website http://www.dbf, state.fl.us/, and the Auditor General's Website
http:llwww.state.fl.uslaudgen.
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity
that are solely a matter of that State awarding entity' s policy (i.e., the audit is not required by Federal or State laws
and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(7)(m), Florida
Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits
conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must
arrange for funding the full cost of such additional audits.)
PART IV: REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and
required by PART I of this Agreement shall be submitted, when required by Section .320 (d), OMB
Circular A-133, as revised, by or on behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at each of the following addresses:
A. Diane Langston
Florida Department of Environmental Protection
Bureau of Design and Recreation Services
3900 Commonwealth Boulevard, MS# 585
Tallahassee, FL 32399-3000
Page 2 of 4
DEP 55-203 (02-03)
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of
copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be
submitted to the Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f),
OMB Circular A'-133, as revised.
2. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the
reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management
letters issued by the auditor, to the Department of Environmental Protection at each of the following
addresses:
A. Diane Langston
Florida Department of Environmental Protection
Bureau of Design and Recreation Services
3900 Commonwealth Boulevard, MS# 585
Tallahassee, FL 32399-3000
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
3. Copies of financial reporting packages required by PART II of this Agreement shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at each of the following addresses:
A. Diane Langston
Florida Depamnent of Environmental Protection
Bureau of Design and Recreation Services
3900 Commonwealth Boulevard, MS# 585
Tallahassee, FL 32399-3000
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
B. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 401, Claude Pepper Building
111 West Madison Stxeet
Tallahassee, Florida 32399-1450
DEP 55-203 (02-03) _ Page 3 of 4
4. Copies of reports or management letters required by PART III of this Agreement shall be submitted by or
on behalf of the recipient directly to the Department of Environmental Protection at each of the following
addresses:
A. Diane Langston
Florida Department of Environmental Protection
Bureau of Design and Recreation Services
3900 Commonwealth Boulevard, MS# 585
Tallahassee, FL 32399-3000
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
5. Any reports, management letters, or other information required to be submitted to the Department of
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB
Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and
for-profit organizations), Rules of the Auditor General, as applicable.
6. Recipients, when submitting ~nancial reporting packages to the Department of Environmental Protection
for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities)
or 10.650 (nonprofit and for-pro~it organizations), Rules of the Auditor General, should indicate the date
that the reporting package was delivered to the recipient in correspondence accompanying the reporting
package.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a
period of 5 (specify appropriate number of years, should be at least five years) years from the date the audit report
is issued, and shall allow the Department of Environmental Protection, or its designee, Comptroller, or Auditor
General access to such records upon request. The recipient shall ensure that audit working papers are made available
to the Department of Environmental Protection, or its designee, Comptroller, or Auditor General upon request for a
period of 3 (specify appropriate number of years) years from the date the audit report is issued, unless extended in
writing by the Department of Environmental Protection.
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Page 4 of 4
.- DEP 55-203 (02-03) ~ _
VI'T.-CONSENT AGENDA
O ITEM C.3.
CITY OF BOYNTON BEACt
AGENDA ITEM REQUEST FOl v
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
[] August 6, 2002 July 17, 2002 (5:00 p.m.) [] October 1, 2002 September 16, 2002 (Noon)
[] August 20, 2002 August 5, 2002 (Noon) [] October 15, 2002 September 30, 2002 (Noon)
[] September 3, 2002 August 19, 2002 (Noon) [] November 6, 2002 October 14, 2002 (Noon)
[] September 17, 2002 September 3, 2002 (8:00 a.m.) [] November 19, 2002 November 5, 2002 (Noon)
[] Administrative [] Development Plans c .. :..~ ~
NATURE OF [] Consent Agenda [] New Business ~:o
: ~ ~, '~)
AGENDA ITEM [] Public Hearing [] Legal ~ :- '~
[] Bids [] Unfinished Business ,~- ~
[] Announcement [] Presentation ~ 5.
[] City Manager's Report , ~-, .
· ' i~
RECOMMENDATION: Approve resolution setting up a Flexible Spending Account (FSA) program to be administered b~:
AFLAC, a provider to the City of four other employee benefit programs.
EXPLANATION: This IRS-approved type of program allows employees that elect this benefit to pay most non-covered/
non-reimbursed medical as well as dependent care (child or elder care) benefits with pre-tax dollars through payroll
deduction. This allows the City to save matching Social Security contributions and the employee to save Social Security and
federal tax expenses (as they can now elect to do for medical and dental dependent premiums).
PROGRAM IMPACT: This first year approximately 16 people enrolled in this program. We expect the number to grow
~,nually as the employees better understand the program, the process and the advantages of an FSA. More than 70 employees
have enrolled in the other new pre-tax programs being made available.
FISCAL IMPACT: The City will open a separate account for these funds and will pay approximately $540 the first year for
administrative charges. This will be offset by $1800 savings to the City in Social Security matching amounts for those in the
FSA and an additional $3200 savings to the City for those in the other pre-tax benefits plans.
ALTERNATIVES: Not to offer the Flexible Spending Account. However, we see this type of arrangement as a significant
part of future plans as we strive to fred a balance between continuing to offer our employees a competitive benefits package
~ to afford the significantly increasing annual costs.
S:~BULLETIN~FORMS',AGENDA ITEM REQUEST FORM.DOC
RESOLUTION 02-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, ESTABLISHING
A FLEXIBLE SPENDING ACCOUNT PROGRAM AND
AUTHORIZING STAFF TO EXECUTE ALL NECESSARY
DOCUMENTATION; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Boynton Beach currently has four other employee benefit
programs provided by AFLAC; and
WHEREAS, this IRS-approved program allows employees that elect this benefit to
pay most non-covered/non-reimbursed medical as well as dependent care benefits with pre-
tax dollars through payroll deduction into a separate flexible spending account; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing Whereas clauses are true and correct and are adopted as
the basis for the establishment of a flexible spending account program.
Section 2. The City Commission hereby authorizes the establishment of a
Flexible Spending Account Program, to be administered by AFLAC, and authorizes staff to
execute all necessary documentation.
Section 3. That this Resolution will become effective immediately upon passage.
PASSED AND ADOPTED this ~ day of October, 2002.
CITY OF BOYNTON BEACH, FLORIDA
Mawr
Vice Mayor
Commissioner
ATTEST:
Commissioner
City Clerk
Commissioner
(Corporate Seal)
S:\CA~RESO\Legislative Actions~Establish FSA Program Account.doc
TABLE OF CONTENTS
FLEXIBLE BENEFITS PLAN
PREAMBLE 3
ARTICLE I DEFINITIONS 3
1,01 "Affiliated Employer'' 3
1.02 "After-tax Premium(s)" 3
1,03 "Anniversary Date" 3
1,04 "Benefit Plan(s) or Policy(les)" 3
1.05 "Board of Directors" 3
1,06 "Change in Status" 3
1.07 "Code" 3
1.08 "Compensation" 3
1.09 "Dependent" 3
1.10 "Dependent Care Expense Reimbursement" 3
1.11 "Earned Income" 3
1.12 "Effective Date" 4
4
1,13 "Eligible Employment Related Expenses"
4
1.14 "Eligible Medical Expenses" 4
1.15 "Employee" 4
1.16 "Employer" 4
1.17 "ERISA"
1.18 "Highly Compensated Individual" 4
1.19 "Key Employee" 4
1.20 "Medical Care Expense Reimbursement" 4
1.21 "Nonelective Contributions" 4
4
1.22 "Participant" 4
1.23 "Plan"
1.24 "Plan Administrator'' or "committee" 4
1.25 "Plan Year" 4
1,26 "Pre-tax Premium(s)" 4
1.27 "Qualified Benefit" 4
1.28 "Qualifying Employment-Related Expenses" 5
1.29 "Qualifying Individual" 5
5
1.30 "Qualifying Services" 5
1.31 "Reimbursement Account(s) or Account[ )
5
1.32 "Salary Redirection Agreement" 5
1.33 "Spouse" 5
1.34 "Student"
1.35 "Trustee" 5
ARTICLE II ELIGIBILITY AND PARTICIPATION 5
2.01 Eligibility to Participate 5
2.02 Entry Date 5
2.03 Termination of Participation 5
2.04 Eligibility to Participate in Reimbursement Benefits 5
2.05 Qualifying Leave Under Family and Medical Leave Act 6
2.06 Non-FMLA Leave of Absence 6
ARTICLE III PREMIUM ELECTIONS 6
3.01 Election of Premiums 6
3.02 Initial Election Pedod 6
3.03 Annual Election Period 7
3,04 Change of Premium Election 7
3.05 Termination of Election 9
9
ARTICLE IV PREMIUM PAYMENTS AND CREDITS AND DEBITS TO ACCOUNTS
4.01 Source of Premium Payments 9
4.02 Allocations Irrevocable During Plan Year 9
4.03 Reduction of Certain Elections to Prevent Discrimination 10
4,04 Medical Care Expense Reimbursement 10
4.05 Dependent Care Express Reimbursement 10
ARTICLE V BENEFITS
5,01 Qualified Benefits 10
5.02 Cash Benefit
5.03 Repayment of Excess Reimbursements 11
5.04 Termination of Reimbursement Benefits 11
5,05 COBRA Coverage 11
I Plandoc
ARTICLE VI PLAN ADMINISTRATION 11
6.01 Allocation of Authority 11
6.02 Payment of Administrative Expenses 12
6.03 Reporting and Disclosure Obligations 12
6.04 Indemnification 12
6.05 Substantiation of Expenses 12
6.06 Reimbursement 12
607 Annual Statements 12
ARTICLE VII FUNDING AGENT 12
7.01 Funding of the Plan 12
7.02 The Employer as Funding Agent 12
7.03 Trust as Funding Agent 12
ARTICLE VIII CLAIMS PROCEDURES 12
8.01 Application to Plan Benefits 12
8.02 Procedure if Benefits are Denied Under the Plan 13
8.03 Requirement for Written Notice of Claim Denial 13
8.04 Right to Request Hearing on Benefit Denial 13
8.05 Disposition of Disputed Claims 13
ARTICLE IX AMENDMENT OR TERMINATION OF PLAN 13
9.01 Permanency 13
9.02 Employer's Right to Amend 13
9.03 Employer's Right to Termination 13
9.04 Determination of Effective Date of Amendment or Termination 13
ARTICLE X GENERAL PROVISIONS 13
10.01 Not an Employment Contract 13
10.02 Applicable Laws 13
10.03 Post-Mortem Payments 14
10.04 Nonalienation of Benefits 14
10.05 Mental or Physical Incompetency 14
10.06 Inability to Locate Payee 14
10,07 Requirement for Proper Forms 14
10.08 Source of Payments 14
10.09 Multiple Functions 14
10.10 Tax Effects 14
10.11 Gender and Number 14
10.12 Headings 14
10.13 Incorporation by Reference 14
10,14 Severability 14
10.15 Effect of Mistake 14
10.16 Provisions Relating to Insurers 14
10.17 Forfeitu re of Unclaimed Reimbursement Account Benefits 15
ARTICLE XI CONTINUATION COVERAGE UNDER COBRA 15
11.01 Continuation Coverage After Termination of Normal Participation 15
11.02 Who is a "Qualified Beneficiary" 15
11.03 Who is not a "Qualified Beneficiary" 15
11.04 What is a "Qualifying Event' 15
11.05 COBRA not applicable to Certain Health Care Expense Account Participants 15
11.06 What Benefit is Available Under Continuation Coverage 16
11.07 Notice Requirements 16
11.08 Election Period 16
11.09 Duration of Continuation Coverage 16
11.10 Automatic Termination of Continuation Coverage 16
Adoption Agreement 17
Resolution Adopting a Flexible Benefits Plan 20
2 P~sno~c
PREAMBLE
The Employer hereby establishes a Flexible Benefits Plan ("Plan") for its Employees for purposes of providing eligible Employees
with the opportunity to choose from among the fringe benefits available under the plan. The Plan is intended to qualify as a cafeteria
plan under the provisions of Code Section 125. The Dependent Care Expense Reimbursement Plan ("DDC") is intended to qual~
as a Code Section 129 dependent care assistance plan, and the Medical Care Expense Reimbursement Plan ("Health FSA") is
intended to qualify as a Code Section 105 medical expense reimbursement plan. Although printed w~thin this document, the DDC
and Health FSA Plans are separate written plans for purposes of administration and all reporting and nondiscrimination
requirements imposed by Sections 105 and 129 of the Code and all applicable provisions of ERISA. The DDC and Medical Care
Expense Reimbursement Plans are available only if designated on the Adoption Agreement.
FLEXIBLE BENEFITS PLAN
ARTICLE I
DEFINITIONS
1.01 "Affiliated Employer*' means any Employer within the context of Code Section 414(b), (c), or (m) of the Code which will be
treated as a single employer for purposes of Code Section 125.
1.02 "After-tax Premium(a)" means amounts withheld from an Employee's Compensation pursuant to a Salary Redirection
Agreement to purchase coverages available under the Adoption Agreement on an after-tax basis.
1.03 "Anniversary Date" means the first day of any Plan Year.
1.04 "Benefit Plan(s) or Policy(ies)" means those Qualified Benefits available to a Participant under the Adoption Agreement.
Where a Benefit Plan or Policy is made available through an individual insurance policy, the insurer(s) and policy form numbers
shall be listed in Appendix A.
1.05 "Board of Directors" means the Board of Directors of the Employer. The Board of Directors, upon adoption of this Plan,
appoints the Committee to act on the Employer's behalf in all matters regarding the Plan.
1.05 "Change in Status" means any of the events described below, as well as any other events included under subsequent
changes to Code Section 125 or regulations issued under Code Section 125 which the Plan Administrator (in its sole discretion)
decides to recognize on a uniform and consistent basis:
(a) Legal Marital Status: A change in a Participant's legal marital status, including marriage, death of a Spouse, divorce, legal
separation or annulment;
(b) Change in Number of Tax Dependents (as defined in Section 1.09): A change in the Participant's number of tax
Dependents, including the birth of a child, the adoption or placement for adoption of a Dependent, or the death of a
Dependent.
(c) Change In Employment Status: Any change in employment status of the Participant, the Participant's Spouse or the
Participant's Dependents that affects benefit eligibility under a cafeteria plan (including this Plan or other employee benefit
plans (including the Benefit Plan(s) or Policy(ias) of the employer of the Participant, the Spouse or Dependents), such as:
termination or commencement of employment; a strike or lockout; a commencement of or return from an unpaid leave of
absence; a change in worksite; switching from salaried to hourly paid; union to non union; or part-time to full-time; incurring
a reduction or increase in hours of employment; or any other similar change which makes the individual become (or cease
to be) eligible for a particular employee benefit.
(d) Dependent Eligibility Requirements: An event that causes a Participant's Dependent to satisfy or cease to satisfy the
Dependent eligibility requirements for a particular benefit, such as attaining a specified age, getting married, or ceasing to
be a Student.
(e) Change in Residence: A change in the place of residence of the Participant, the Participant's Spouse or the Participant's
Dependent.
I 1.07 "Code" means the Internal Revenue Code of 1986, as amended.
I 1.08 "Compensation" means the cash wages or salary paid to an Employee by the Employer.
/ 1.09 "Dependent" means any individual who is a tax dependent of the Participant as defined in Code Section 152(a), or who is
II ~ determined to be an alternative recipient of a Plan Participant under an order determined to be a qualified medical child support
~'= ; order (QMCSO) by the Plan Administrator, provided however, that in the case of a divorced Employee: i) Dependent shall be defined
i as in Code Section 21(e)(5) (e.g., dependent of the parent with the custody) for purposes of the Dependent Care Expense Account
I Plan; and ii) for purposes of accident or health coverage, a child shall be considered a dependent of both parents.
1.10 "Dependent Care Expense Reimbursement" shall have the meaning assigned to it by Section 5.01(c) of the Plan.
I 1.11 "Earned Income" means all income derived from wages, salaries, tips, self-employment, and other Compensation (such as
II disability or wage continuation benefits), but only if such amounts are includible in gross income for the taxable year. Earned
,i~ income does not include (a) any amounts received pursuant to any Dependence Care Reimbursement Plan established under Code
[ 129; or (b) any other amounts excluded from earned income under Code 32 (c)(2), such as amounts received under a pension or
,~ ~ annuity, or pursuant to workers' compensation,
3 Plandoc
1.12 "Effective Date" means the effective date of the Plan specified in the Adoption Agreement.
1.13 "Eligible Employment Related Expenses" means those Qualifying Employment-Related Expenses (as defined below) paid
or incurred incident to mairrtaining employment after the date of the Employee's participation in the Dependent Care Expense
Reimbursement Plan and during the Plan Year, other than amounts paid to:
(a) an individual with respect to whom a Dependent deduction is allowable under Code Sec. 151(a) to the Participant or
Spouse; or
(b) the Participant's Spouse; or
(c) a child of the Participant who is under 19 years of age at the end of the year in which the expenses were incurred.
1.14 "Eligible Medical Expenses" means those expenses incurred by the Employee, or the Employee's Spouse or Dependents
after the date of the Employee's participation in the Medical Care Expense Reimbursement Plan and dunng the Plan Year otherwise
allowable as deductions under Code Sec. 213 (without regard to the limitations contained in Sec. 213(a)), but shall not include: i)
expenses for qualified long term care services (as defined in Code 7702B(c)); or ii) an expense incurred for the payment of
premiums under a health insurance plan. For purposes of this Plan, an expense is "incurred" when the Participant or beneficiary is
furnished the medical care or services giving rise to the claimed expense.
1.15 "Employee" means any individual who is considered to be in a legal employer-employee relationship with the Employer for
Federal withholding tax purposes. Such term includes '~former employees" for the limited purpose of allowing continued eligibility for
benefits hereunder for the remainder of the Plan Year in which an employee ceases to be employed by the Employer. The term
"Employee" shall not include any leased employee (as defined in Code Section 414(n)) or any self employed individual who receives
from the Employer "net earnings from self employment" within the meaning of Code Section 401(c)(2) unless such individual is also
an Employee.
1.16 "Employer" means the organization(s) named in the Adoption Agreement provided, however, that when the Plan provides that
the Employer has certain power (e.g., the appointment of a Plan Administrator, entering into a contract with a third party insurer, or
amendment or termination of the plan) the term "Employer" shall mean only that entity named on the first line of the Adoption
Agreement, and not any Affiliated Employer. Affiliated Employers who sign the Adoption Agreement shall be bound by the Plan as
adopted and subsequently amended unless they clearly withdraw from participation herein.
1.17 "ERISA" shall mean the Employee Retirement Income Security Act of 1974, as amended.
1.18 "Highly Compensated Individual" means an individual defined under Code Section 125(e), 129(d)(2), or 105(h)(5), as
amended, as a "highly compensated individual" or a "highly compensated employee".
1.19 "Key Employee" means an individual who is a "key employee" as defined in Code Section 125(b)(2), as amended.
1.20 "Medical Care Expense Reimbursement" shall have the meaning assigned to it by Section 5.01(b) of the Plan.
1.21 "Nonelective Contribution(s)" means any amount which the Employer in its sole discretion may contribute on behalf of each
Participant to provide benefits for such Participant and his or her Dependents, if applicable under Plan. The amount of Nonelective
Contribution for each Participant may be adjusted upward or downward in the contributing Employer's sole discretion. The amount
shall be disclosed in Participant enrollment materials and shall be calculated for each Plan year in a uniform and nondiscriminatory
manner based upon the Participant's dependent status, commencement or termination date of the Participant's employment during
the Plan Year, and such other factors as the Employer shall prescribe. Except as otherwise provided in the Adoption Agreement, in
no event will any Nonelective Contribution be disbursed to a Participant if the cost of the benef'A(s) elected is less than the
Nonelective Contribution allocable thereto. Any excess shall be returned to the Employer.
1.22 "Participant" means an Employee who becomes a Participant pursuant to Article I1.
1.23 "Plan" means the Adoption Agreement, the Flexible Benefits Plan and (if applicable) the related Trust created by this
document.
1.24 "Plan Administrator" or "committee" means the person(s) appointed by the Employer with authority and responsibility to
manage and direct the operation and administration of the Plan. If no such person is named, the Plan Administrator shall be the
Employer.
1.25 "Plan Year'' means the twelve month period specified in the Adoption Agreement provided, however, that a period of less than
twelve months may be a Plan Year for the initial Plan Year, the final Plan Year, and a transition period to a different Plan Year.
1.26 "Pre. Tax Premium(s)" means any amount withheld from the Employee's Compensation pursuant to a Salary Redirection
Agreement which is intended to be paid on a pre-tax basis. This amount shall not exceed the premiums attributable to the most
costly Benefit Plan or Policy options afforded hereunder, and for purposes of Code Section 125, shall be treated as an Employer
contribution (this amount may, however, be treated as an Employee contribution for purposes of State insurance laws).
1.27 "Qualified Benefit" means any benef'~ excluded from the Employee's taxable income under Chapter I of the Code (other the'
Sections 106(b), 117, 124, 127, or 132), and any other benefit permitted by the Incoma Tax Regulations (i.e., any group-term h
insurance coverage that is includable in gross income by virtue of exceeding the dollar limitation on nontaxable coverage under
Code Sec. 79). Long-term care insurance is not a "Qualified Benet'~".
4,
' 1.28 "Qualifying Employment-Related Expenses" means those expenses that would be considered to be employment-related
expenses under Section 21(b)(2) of the Code (relating to expenses for household and dependent care services necessary for gainful
employment) if paid for by the Employee to provide Qualifying Services.
1.29 "Qualifying Individual" means:
(a) a Dependent of the Participant who is under the age of thirteen (13); or
(b) a Dependent of a Participant who is mentally or physically incapable of caring for himself or herself; or
(c) the Spouse of a Participant who is mentally or physically incapable of caring for himself or herself.
1.30 "Qualifying Services" means services relating to the care of a Qualifying Individual that enable the Participant or Spouse to
remain gainfully employed which are performed:
(a) in the Participant's home; or
(b) outside the Participant's home for (1) the care of a Dependent of the Participant who is under age 13, or (2) the care of a n y
other Qualifying Individual who resides at least eight (8) hours per day in the Participant's household. If the expenses are
incurred for services provided by a dependent care center (i.e., a facility that provides care for more than 6 individuals not
residing at the facility), the center must comply with ail applicable State and local laws and regulations.
1.31 "Reimbursement Account(s) or Account(s)" shall be the funding mechanism by which amounts are withheld from an
Employee's Compensation and retained for future Medical Care Expense Reimbursement or Dependent Care Expense
Reimbursement. These amounts may either be retained by the Employer, sent to a third party plan administrator, and/or kept in
trust for Employees. No money shall actually be allocated to any individual Participant Account(s); any such Account(s) shall be of a
memorandum nature, maintained by the Administrator for accounting purposes, and shall not be representative of any identifiable
trust assets. No interest will be credited to or paid on amounts credited to the Participant Account(s).
1.32 "Salary Redirection Agreement" means the actual or deemed agreement pursuant to which an eligible Employee or
Participant enrolls in the specific component Benefit Plans or Policies with Pre-tax Premiums or After-tax Premiums in accordance
with Article II1. If the Employer utilizes an electronic (e.g., electronic signature pad or digitized signature) or interactive voice
response (IVR) system for enrollment, the Salary Redirection Agreement may be maintained on an electronic database.
1.33 "Spouse" means an individual who is legally marded to a Participant and who is treated as a Spouse under the Code, but for
purposes of the Dependent Care Expense Reimbursement Plan provisions, shall not include an individual legally separated from the
Participant under a divorce or separate maintenance decree, nor shall it include an individual who, although marded to the
Participant, files a separate Federal income tax return, maintains a separate, principal residence from the Participant dudng the last
six months of the taxable year, and does not furnish more than one-half of the cost of maintaining the principal place of abode of the
Qualifying Individual.
1.34 "Student" means an individual who, during each of five (5) or more calendar months during the Plan Year, is a full time
student at any college or university, the pdmary function of which is the conduct of formal instruction, and which routinely maintains
a regular faculty and curriculum and normally has an enrolled student body in attendance at the location where its educational
activities are regularly presented.
1.35 "Trustee" (if applicable) means the person(s) or institution (and their successors) named on the signature page attached
hereto, who have assented to being so named by their signature to this Agreement, otherwise empowered to hold and disburse the
funds that are created hereunder.
ARTICLE II
ELIGIBILITY AN D PARTICIPATION
2.01 Eligibility to Participate. Each Employee who meets the cdteria set forth in the Adoption Agreement shall be eligible to
participate in the Plan as of any applicable Entry Date. Eligibility for the beneffis elected in the Adoption Agreement shall be subject
to the additional requirements, if any, specified in the applicable Benefit Plan or Policy. The provisions of this Article are not
intended to override any eligibility requirement(s) or waiting period(s) specified in the applicable Benefit Plans or Policies.
2.02 Entry Date. Each eligible Employee shall become a Participant in the Plan on the Entry Date specified in the Adoption
Agreement provided that he or she has satisfied the requirements of the Adoption Agreement.
2.03 Termination of Participation. Participation shall terminate on the earliest of: i) the date an Employee ceases to be an
Employee (except as otherwise provided in Section 3.05 for "COBRA coverage"); ii) when an Employee ceases to meet the eligibility
requirements of Section 2.01 of this Plan, iii) the date this Plan is amended to exclude the Employee or is terminated; iv) the effective
date of the Employee's election not to participate pursuant to Sections 3.03 or 3.04. Subject to any specific limitations for any
particular benefit which the Participant has elected: (a) participation shall be continued during a leave of absence for which the
Participant continues to receive a salary from his or her employer and (b) participation shall be suspended dudng an unpaid leave of
absence.
2.04 Eligibility to Participate in Reimbursement Benefits. An Employee, who is otherwise an Eligible Participant pursuant to
Sections 2.01 and 2.02 shall be eligible to receive Medical and/or Dependent Care Expense Reimbursements (if selected by the
Employer in the Adoption Agreemen.t) if: i) the additional Eligibility criteda (if any) set forth in the Adoption Agreement for the
Reimbursement benefits have been satisfied; and ii) a Salary Redirection Agreement is properly executed and submitted on which
the aforementioned benefit(s) have been selected.
5
2.05 Qualifying Leave Under Family and Medical Leave Act.
(a) Health Benef'rts. Notwithstanding any provision to the contrary in this Plan, if a Participant goes on a qualifying leave under the
Family and Medical Leave Act of 1993 (FMLA), then to the extent required by the FMLA, the Employer will continue to maintain the
Participant's health insurance benefits and Medical Expense Reimbursement Benefits (if offered under the Plan as set forth on the
Adoption Agreement) on the same terms and conditions as if the Participant were still an active Employee. That is, if the Participan
elects to continue his or her coverage while on leave, the Employer will continue to pay its share of the contribution. An Employer
may elect to continue coverage for Participants while they are on paid leave (provided Participants on non-FMLA paid leave arc
required to continue coverage). In the event of unpaid leave (or paid leave where coverage is not required to be continued), a
Participant may elect to continue his or her coverage under the Premium Payment and/or Medical Expense Reimbursement
Components during the FMLA leave. If the Participant elects to continue coverage while on leave, then the Participant may pay his
or her share of the contribution in one of the following ways: (i) with After-tax Premiums, by sending monthly payments to the
Employer by the due date established by the Employer; (ii) with Pre-tax Premiums, by having such amounts withheld from his
ongoing Compensation (if any) or pre-paying all or a portion of the contribution for the expected duration of the leave as a pre-tax
Salary Redirection basis out of pre-leave Compensation. To pre-pay the contnbution, the Participant must make a special election to
that effect prior to the date that such Compensation would normally be made available (pre-tax dollars may not be used to fund
coverage during the next Plan Year); or (iii) under another agreement agreed upon between the Participant and the Administrator
(e.g., the Administrator may fund coverage during the leave and withhold "catch-up" amounts upon the Participant's return on a
pre-tax or after-tax basis), if the Employer requires all Participants to continue coverage during the leave, the Participant may elect
to discontinue the Participant's required premium until the Participant returns from leave. Upon return from leave, the Participant will
be required to repay the contribution not paid by the Participant during the leave. Payment shall be withheld from the Participant's
Compensation either on a pre-tax or after-tax basis, as may be agreed upon by the Administrator and the Participant. If a
Participant's coverage ceases while on FMLA leave (e.g., for non-payment of required premium), the Participant will be permitted to
re-enter the Plan upon return from such leave on the same basis as the Participant was participating in the Plan pdor to the leave, or
otherwise required by the FMLA. Employees whose coverage terminated dudng the leave may be automatically reinstated provided
that coverage for Employees on non-FMLA leave is automatically reinstated upon return from leave. Notwithstanding the preceding
sentence, with regard to Medical Care Expense Reimbursement Benefits, a Participant whose coverage ceased will be entitled to
elect whether to be reinstated in the Medical Expense Reimbursement Benefit at the same coverage level as in effect when coverage
ceased due to the FMLA leave (with increased contributions for the remaining period of coverage) or at a Medical Care Expense
Reimbursement coverage level reduced pro-rata for the pedod of FMLA leave during which the Participant did not make
contributions. Under no circumstances will reimbursements be made for claims incurred while Medical Care Expense
Reimbursement coverage is not in effect.
(b) Non-Health Benefits. If a Participant goes on a qualifying leave under the FMLA, entitlement to non-health benefits, such as
Dependent Care Reimbursement Benefits (if offered under the Plan as set forth in the Adoption Agreement), is to be determined by.
the Employer's policy for providing such Benefits when the Participant is on non-FMLA leave, as described in Section 2.06. If sucl'
policy permits a Participant to discontinue contributions while on leave, the Participant will, upon returning from leave, be required tc
repay the contributions not paid by the Participant during the FMLA leave.
2.06 Non-FMLA Leave of Absence. if a Participant goes on an unpaid leave of absence that does not affect eligibility, then the
Participant will continue to participate and the contributions due for the Participant will be paid by pre-payment before going on
leave, by After-tax Premiums while on leave, or with catch-up contributions after the leave ends, as may be determined by the
Administrator. If a Participant goes on an unpaid leave that affects eligibility, the election change rules in Section 3.04 will apply. If
such policy permits a Participant to discontinue contributions while on leave, the Participant will, upon returning from leave be
required to repay the contributions not paid by the Participant during the leave.
ARTICLE III
PREMIUM ELECTIONS
3.01 Election of Premiume. A Participant may elect any combination of Pre-tax Premiums or After-tax Premiums to fund any
Benefit Plan or Policy available under the Adoption Agreement, provided however, that only Qualified Benefits (other than group term
life insurance coverage in excess of $50,000) may be funded with Pre-tax Premiums. Participants may also be permitted to elect
additional cash compensation by opting out of certain coverages to the extent described in the Adoption Agreement under "Opt-Out
Option".
3.02 Initial Election Period.
(a) Currently Eligible Employees. An Employee who is eligible to become a Participant in this Flexible Benefits Plan as of the
Effective Date must complete, sign and file a Salary Redirection Agreement with the Plan Administrator during the election
period (as specified by the Plan Administrator) immediately preceding the Effective Date in order to become a Participant
on the Effective Date. The elections made by the Participant on this initial Salary Redirection Agreement shall be
effective, subject to Section 3.04, for the Plan Year beginning on the Effective Date.
(b) New Employees and Employees who have not yet satisfied the Flexible Benefit Plan's waiting period. An employee
who becomes eligible to become a Participant in this Flexible Benefits Plan after the Effective Date must complete, sign and
file a Salary Redirection Agreement with the Plan Administrator dudng the sixty (60) day period prior to the day the
Employee first becomes eligible to participate in this Plan. If an employee is eligible to participate in this Flexible Benef'rts
Plan on the date he is first hired, a Salary Redirection Agreement must be completed, signed, and filed with the Plan
Administrator within thirty (30) days from the date of hire. Except as provided in Section 3.04(b) for HIPAA specia'
enrollment rights in the event of birth, adoption, or placement for adoption, the elections made by the Participant on thic
initial Salary Redirection Agreement shall be prospectively effective as of the first pay pedod coinciding with or immediate~
following the date that the Salary Redirection Agreement is filed (or if later, the date of the employee's eligibility under the'
Flexible Benefits Plan) and, subject to Section 3.04, ending on the last day of the Plan Year in which such participation
began. Coverage underthecomponent Benefits Plan or Policies will be effective in accordance with the eligibility
requirements contained in such Benefits Plans or Policies.
6 Plandoc
'(c) An eligible Employee who fails to complete, sign and file a Salary Redirection Agreement with the Plan
Administrator in accordance with paragraph (a) or (b) above dudng an initial election pedod may become a
participant on a.later date in accordance with Section 3.03 or 3.04.
3.03 Annual Election Period. Each Employee who is a Participant in this Plan or who is eligible to become a Participant in this
Plan shall be notified, prior to each Anniversary Date of this Plan, of his right to become a Participant in this Plan, to continue
participation in this Plan, or to modify or to cease participation in this Plan, and shall be given a reasonable period of time in which to
exercise such right. Such period of time shall be known as the "annual election pedod". An Election shall be made by submitting a
Salary Redirection Agreement to the Plan Administrator during the election period, and shall be effective for the entire Plan Year
beginning on the Anniversary Date. A Participant or Employee who fails to complete, sign and file a Salary Redirection Agreement
as required by this Section 3.03 shall be deemed to have elected to continue the same coverage's under the Benefit Plans or
Policies funded by the same election (e.g., either Pre-tax Premiums or After-tax premiums adjusted to reflect any increase or
decrease in premium/cost) then in effect for such Participant or Employee. Notwithstanding the foregoing, annual elections for
participation in the Medical Care and Dependent Care Expense Reimbursement Plans must be made by submitting a Salary
Redirection Agreement prior to the beginning of each Plan year -- no deemed elections shall occur under such Plans.
3,04 Change of Premium Election. A Participant shall not make any changes to the Pre-tax Premium amount elected under the
Plan, or to the Participant's elected allocation of Nonelective Contributions (if applicable), except for election changes permitted
under this section 3.04, 2.04, 3.03 and 3.05 herein. Except as provided in Section 3.04(b) for HIPAA special enrollment rights in the
event of birth, adoption, or placement for adoption, all election changes shall be effective on a prospective basis only (i.e., election
changes will become effective no earlier than the first day of the first pay period coinciding with or immediately following the date that
the election change was filed, but, as determined by the Plan Administrator, election changes may become effective later to the
extent the coverage in the applicable component plan commences later).
(a) Change in Status, A Participant may change his or her actual or deemed election under the Plan upon the occurrence
of a Change in Status (as defined in Section 1.06), but only if such election change is made on account of and
corresponds with a Change in Status which affects eligibility for coverage under a plan of the Employer or a plan of the
Participant's Spouse's, or the Participant's Dependent's employer (referred to as the general consistency requirement).
A Change in Status that affects eligibility for coverage under an employer's plan includes a Change in Status that
results in an increase or decrease in the number of an Employee's family members (i.e., a Spouse and/or Dependents)
who may benefit from the coverage. The Plan Administrator (in its sole discretion) shall determine, based on prevailing
IRS guidance, whether a requested change is on account of and corresponds with a Change in Status.
Assuming the general consistency requirement is satisfied, a requested election change must also satisfy the following
specific consistency requirements in order for a Participant to be able to alter his or her election based on the specified
Change in Status:
(1) Loss of Dependent Eligibility. For a Change in Status involving a Participant's divorce, annulment or legal
separation from a Spouse, the death of a Spouse or Dependent, or a Dependent ceasing to satisfy the eligibility
requirements for coverage, a Participant may only elect to cancel accident or health insurance coverage for the Spouse
involved in the divorce, annulment, or legal separation, the deceased Spouse or Dependent, or the Dependent that
ceased to satisfy the eligibility requirements. Canceling coverage for any other individual under these circumstances
would fail to correspond with that Change in Status.
Notwithstanding the foregoing, if the Participant's Spouse (but not a former Spouse) or the Participant's Dependent
becomes eligible for COBRA (or similar health plan continuation coverage under State law) under the Employer's Plan,
the Participant may increase his or her election to pay for such coverage.
(2) Gain of Coverage Eligibility Under Another Employer's Plan. For a Change in Status in which a Participant, a
Participant's Spouse, or a Participant's Dependent gains eligibility for coverage under another employer's cafeteria plan
(or another employer's qualified benefit plan) as a result of a change in madtal status or a change in employment status,
a Participant may elect to cease or decrease coverage for that individual only if coverage for that individual becomes
effective or is increased under the other employer's plan.
(3) Special Consistency Rule for Dependent Care Expense Reimbursement Plans. With respect to the Dependent
Care Expense Reimbursement benefit when offered by the Plan, a Participant may change or terminate his or her
election upon a Change in Status: (i) if such change or termination is made on account of and corresponds with a
Change in Status that affects eligibility for coverage under an employer's plan; or (ii) the election change is on account
of and corresponds with a Change in Status that affects eligibility of dependent care expenses for the tax exclusion
available under Code Section 129.
(4) Special Consistency Rule for Group Term Life Insurance, Disability and Dismemberment Coverage. For any
Change in Status, a Participant may elect either to increase or to decrease group-term life insurance, disability
coverage, or accidental death and dismemberment coverage offered under the Plan.
HIPAA Special Enrollment Rights, If a Participant, a Participant's Spouse or a Participant's Dependent is entitled to
special enrollment dghts under a group health plan as required by HIPAA under Section 9801(f~ of the Code, then a
Participant may revoke a prior election for group health plan coverage and make a new election (including an election
for Medical Care Expense Reimbursement) provided that the election change corresponds with such HIPAA special
enrollment dght. As required by HIPAA, a special enrollment right will adse if:
(1) A Participant or Spouse or Dependent declined to enroll in group health plan coverage because he or she had other
coverage and eligibility for such other coverage is subsequently lost due to legal separation, divorce, death, termination
of employment, reduction in hours, exhaustion of the maximum COBRA period, or the other coverage was non-COBRA
coverage and employer contributions for such coverage were terminated; or
7 p~ndoc
(2) A new Dependent is acquired as a result of marriage, birth, adoption, or placement for adoption, An election to add
previously eligible Dependents as a result of the acquisition of a new Spouse or Dependent child shall be considered to b ·
consistent with the special enrollment right. An election change on account of a HIPAA special enrollment
attributable to the birth, adoption, or placement for adoption of a new Dependent child may, subject to the provisions of
the underlying group health plan, be effective retroactively (up to 30 days).
(c) Certain Judgments, Decrees and Orders. tf a judgment, decree, or order (an "Order") resulting from a divorce, lega'
separation, annulment or change in legal custody (including a qualified medical child support order) requires accident o,
health coverage (including an election for Medical Care Expense Reimbursement) for a Participant's Dependent
child (including a foster child who is a Dependent of the Participant), a Participant may: (i) change his or her
election to provide coverage for the Dependent child (provided that the Order requires to the Participant to provide
coverage), or (ii) change his or her election to revoke coverage for the Dependent child if the Order requires that
another individual (including the Participant's Spouse or former Spouse) provide coverage under that individual's
plan and such coverage is actually provided.
(d) Medicare and Medicaid. If a Participant, a Participant's Spouse, or a Participant's Dependent who is enrolled in a
health or accident plan under this Plan becomes entitled to Medicare or Medicaid (other than coverage consisting
solely of benefits under Section 1928 of the Social Security ACt providing for pediatric vaccines), the Participant may
prospectively reduce or cancel the health or accident coverage (including an election for Medical Care Expense
Reimbursement) of the person becoming entitled to Medicare or Medicaid. Further, if a Participant, a Participant's
Spouse, or a Participant's Dependent who has been entitled to Medicare or Medicaid loses eligibility for such
coverage, the Participant may prospectively elect to commence or increase the accident or health coverage
(including an election for Medical Care Expense Reimbursement) of that individual who loses Medicare or Medicaid
eligibility.
(e) Change in Cost. The following rules are not applicable to Medical Care Expense Reimbursement Accounts under
the Plan:
(1) Increase or Decrease for Insignificant Cost Changes. Participants are required to increase their elective
contributions (by increasing salary redirections or decreasing cash-out amounts, if applicable) to reflect insignificant
increases in their required contribution for their Benefit Plan(s) or Policy(les) and decrease their elective
contributions to reflect insignificant decreases in their required contribution. The Plan Administrator in its sole
discretion on a uniform and consistent basis will determine whether an increase or decrease is insignificant based
upon all the surrounding facts and circumstances, including, but not limited to, the dollar amount or percentage of
the cost change. The Plan Administrator, on a reasonable and consistent basis, will automatically effectuate this
increase or decrease in affected employees' elective contributions on a prospective basis.
(2) Significant Cost Increases. If the Plan Administrator determines that the cost charged to an Employee of a Participant's
Benefit Plan(s) or Policy(les) significantly increases dudng a Plan Year, the Participant may either: (i) make a correspondingf
prospective increase in his or her elective contnbutions (by increasing salary redirections or decreasing cash-out amounts, i
applicable), (ii) revoke his or her election for that coverage, and in lieu there of, receive on a prospective basis coverag~
under another Benefit Plan or Policy that provides similar coverage, or (iii) drop coverage prospectively if there is no oth¢
Benefit Plan or Policy available that provides similar coverage. The Plan Administrator (in its sole discretion) will decide, in
accordance with prevailing IRS guidance, on a uniform and consistent basis, whether a cost increase is significant.
(3) Significant Cost Decreases. If the Plan Administrator determines that the cost of any Benefit Plan or Policy
significantly decreases dudng a Plan Year, the Plan Administrator may permit the following election changes: (i)
Participants who are enrolled in a Benefit Plan or Policy other than the Benefit Plan or Policy that has decreased in
cost may change their election on a prospective basis to elect a Benefit Plan or Policy that has decreased in cost,
and (ii) Employees who are otherwise eligible under Section 2.01 may elect the Benefit Plan or Policy that has
decreased in cost on a prospective basis, subject to the terms and limitations of the Benefit Plan or Policy. The Plan
Administrator (in its sole discretion) will decide, in accordance with prevailing IRS guidance and on a uniform and
consistent basis, whether a cost decrease is significant.
(4) Limitation on Change in Cost Provisions for Dependent Care Expense Reimbursement. The above
"Change in Cost" provisions apply to Dependent Care Expense Reimbursement only if the cost change is imposed
by a dependent care provider who is not a "relative" of the employee (as referenced in 1.125-4(f)(2)(iv)).
(f) Change in Coverage. The following rules are not applicable to Medical Care Expense Reimbursement Accounts
under the Plan:
(1) Significant Curtailment. If coverage is "significantly curtailed" (as defined in subsection (i) below) Participants
may elect similar coverage. In addition, as set forth in subsection (ii) below, if the coverage curtailment results in a
"Loss of Coverage' (as defined in subsection (iii) below), Participants may drop coverage If no similar coverage is
available. The Plan Administrator (in its sole discretion) will decide, in accordance with prevailing IRS guidance, on
a uniform and consistent basis, whether a curtailment is "significant", and whether a Loss in Coverage has occurred:
(i) Significant Curtailment Without Loss of Coverage. If the Plan Administrator determines that a Participant's
coverage under a Benefit Plan or Policy under this Plan (or the Participant's Spouse's or Dependent's
coverage under his or her employer's plan) is significantly curtailed without a Loss of Coverage (for example,
when there is a significant increase in the deductible, the co-pay, or the out-of-pocket cost sharing limit under
an accident or health plan) dudng a Plan Year, the Participant may revoke his or her election for the affected
coverage, and in lieu thereof, prospectively elect coverage under another Benefit Plan or Policy that provides
similar coverage. Coverage under a plan is deemed "significantly curtailed" only if there is an overall reductior
in coverage provided u .rider the Plan so as to constitute reduced coverage generally.
(ii) Significant Curtailment With a Loss of Coverage. If the Plan Administrator determines that a Participan'~
Benefit Plan or Policy under this Plan (or the Participant's Spouse's or Dependent's coverage under his or her
employer's plan) is significantly curtailed, and such curtailment results in a Loss of Coverage dudng a Plan
Year, the Participant may reVoke his or her election for the affected coverage, and may either prospectively
8 P~andoc
elect coverage under another Benefit Plan or Policy that provides similar coverage, or drop coverage if no
other Benefit Plan or Policy providing similar coverage is available.
(iii) For purposes of this Section 3.04(f)(1), a "Loss of Coverage" means a complete loss of coverage
(including the elimination of a Benefit Plan or Policy, an HMO ceasing to be available where the Participant,
Participant's Spouse or Dependent resides, or a Participant, Spouse or Dependent losing all coverage under the
Benefit Plan or Policy by reason of an overall lifetime or annual limitation). In addition, the Plan
Administrator, in its discretion maytreat events described in 1.125-4(f)(2)(ii) as a loss of coverage.
(2) Addition or Significant Improvement of a Benefit Plan or Policy. ff during a Plan Year the Plan adds a new
Benefit Plan or Policy or significantly improves an existing Benefit Plan or Policy, the Plan Administrator may permit the
following election changes: (i) Participants who are enrolled in a Benefit P~an or Policy other than the newly added or
significantly improved Benefit Plan or Policy may change their election on a prospective basis to elect the newly added
or significantly improved Benefit Plan or Policy, and (ii) Employees who are otherwise eligible under Section 2.01 may
elect the newly added or significantly improved Benefit Plan or Policy on a prospective basis, subject to the terms and
limitations of the Benefit Plan or Policy. The Plan Administrator (in its sole discretion) will decide, in accordance with
prevailing IRS guidance and on a uniform and consistent basis, whether there has been an addition or a significant
improvement of a Benefit Plan or Policy.
(3) Loss of Coverage under other Group Health Coverage. A Participant may prospectively change his or her
election to add group health coverage for the Participant, the Participant's Spouse, or the Participant's Dependent, if
such individual(s) loses coverage under any group health coverage sponsored by a governmental or educational
institution, including (but not limited to) the following: a State children's health insurance program ("SCHIP") under
Title XXI of the Social Security ACt; a medical care program of an Indian Tdbal government (as defined in section
7701(a)(4)), the Indian Health Service, or a tribal organization; a State health benefits dsk pool; or a foreign government
group health plan, subject to the terms and limitations of the applicable Benefit Plan(s) or Policy(les).
(4) Change in Coverage under another Employer Plan, A Participant may make a prospective election change that
is on account of and corresponds with a change made under another employer plan (including a plan of the Employer
or another employer), so long as: (i) the other cafeteria plan or qualified benef'lts plan permits its participants to make an
election change that would be permitted under applicable IRS regulations; or (ii) the Plan permits Participants to make
an election for a Plan Year which is different from the plan year under the other cafeteria plan or qualified benefits plan.
The Plan Administrator shall determine, based on prevailing IRS guidance, whether a requested change is on account
of and corresponds with a change made under the other employer plan.
Any change in an election affecting annual Plan contributions to the Medical or Dependent Care Expense Reimbursement Plans
pursuant to this Section also will change the maximum Reimbursement Benefits for the period of coverage remaining in the Plan
Year. Such maximum Reimbursement Benefits for the period of coverage following an election change shall be calculated by
adding the balance (if any) remaining in each of the Participant's Reimbursement Accounts as of the end of the portion of the Plan
Year immediately preceding the change in election, to the total Plan Contnbutions scheduled to be made by the Participant during
the remainder of such Plan Year to such Account(s).
An employee who is eligible to become a Participant but declined to become a Participant during the initial election period pursuant
to Section 3.02(a) or (b) may become a Participant and file a Salary Redirection Agreement within thirty (30) days of the occurrence
of an event described in Section 3.04 above, but only if the election under the new Salary Redirection Agreement is made on
account of and corresponds with the event (as described above). A Participant otherwise entitled to make a new election under this
Section must do so within thirty (30) days of the event (e.g., Change in Status, significant change in cost or coverage, Medicare or
Medicaid eligibility, special enrollment right or judgment, decree, or order).
Elections made pursuant to this Section shall be effective for the balance of the Plan Year in which the election is made unless a
subsequent event (described above) allows a further election change.
3,05 Termination of Election. Except as otherwise provided in Section 2.03, Termination of employment shall automatically
revoke any Salary Redirection Agreement. Except as provided below, if revocation occurs under this Section 3.05, no new election
with respect to Pre-tax Premiums may be made by such Participant during the remainder of the Plan Year.
ARTICLE ~V
PREMIUM PAYMENTS AND CREDITS AND DEBITS TO ACCOUNTS
4.01 Source of Premium Payments. The Employer shall withhold from a Participant's Compensation on a Pre-tax or After-tax
basis (as elected on the Salary Redirection Agreement) an amount equal to the contributions required from the Participant (less any
applicable Nonelective Contribution) for coverage of the Participant, or the Participant's Spouse or Dependents, under the Benefit
Plans or Policies elected by the Participant and maintained by the Employer as noted in the Adoption Agreement under this Plan.
The component Benefit Plans or Policies and required Employee contributions thereunder shall be set forth on an annual schedule
and/or disclosed to Participants in enrollment material. Amounts withheld from a Participant's Compensation as Pre-tax Premiums
or After-tax Premiums shall be applied to fund benefits as soon as administratively feasible. The maximum amount of Pre-tax
Premiums plus any Nonelective Contributions made available by the Employer for the benefit of each Plan Participant shall not
exceed the aggregate cost of the benefits elected.
4.02 Allocations Irrevocable During Plan Year. Except as provided in Sections 3,04, 3,05, 4.03 and 4,04, neither: (i) the
insurance coverages nor amounts withheld therefore elected under Section 5,01(a), nor (ii) the amount to be credited to a Participant
Account dudng the Plan Year pursuant to Sections 4.04 and 4.05, nor (iii) the allocation of such amounts to the appropriate
Account(s) of the Participant, can be changed dudng the Plan Year.
4.03 Reduction of Certain Elections to Prevent Discrimination. If the Plan Administrator determined, before or during any Plan
Year, that the Plan may fail to satisfy for such Plan Year any requirement imposed by the Code or any limitation on Pre-tax
Premiums allocable to Key Employees or to Highly Compensated Individuals, the Plan Administrator shall take such action(s) as he
deems appropriate, under rules uniformly applicable to similarly situated Participants, to assure compliance with such requirement
or limitation. Such action may include, without limitation, a modification or revocation of a Highly Compensated Individual's or Ke
Employee's Salary Redirection Agreement without the consent of such Employee.
4.04 Medical Care Expense Reimbursement.
(a) Debiting and Crediting of Accounts. Each Participant's Medical Care Expense Reimbursement Account ("Account")
will be credited with amounts withheld from the Participant's Compensation for Medical Care Expense Reimbursement
pursuant to the Salary Redirection Agreement. The Account will be debited for reimbursement amounts disbursed to
the Participant in accordance with Article V of this document. The entire amount elected by the Participant on the
Salary Redirection Agreement as an annual amount for the Plan Year for Medical Care Expense Reimbursement less
any reimbursements already disbursed shall be available to the Participant at any time during the Plan Year without
regard to the balance in the Account (provided that the periodic premiums have been paid). Thus, the maximum
amount of Medical Care Expense Reimbursement at any particular time during the Plan Year will not relate to the
amount which a Participant has had withheld up to that time. In no event will the amount of medical expense
reimbursement benefits in any Plan Year exceed that annual amount specified for the Plan Year in the Salary
Redirection Agreement for Medical Care Expense Reimbursement. Any amount allocated to the account shall be
forfeited by the Participant and restored to the Employer if it has not been applied to provide Medical Care Expense
reimbursement by the ninetieth (90) day following the end of the Plan Year for which the election was effective.
Amounts so forfeited shall be used to offset administrative expenses.
(b) Source of Payments. All Medical Care Expense Reimbursement benefits derived hereunder shall be paid exclusively
from the amounts in each Employee's Medical Care Expense Reimbursement Account funded by amounts withheld
from the Employee's wages pursuant to the Salary Redirection Agreement for Medical Care Expense Reimbursement
and any Nonelective Contributions allocated thereto. In-the event that an Employee's reimbursement request for
Medical Care Expense Reimbursement benefits exceeds the amount currently available in the Employee's Medical
Care Expense Reimbursement Account, the Employer shall pay the excess amount up to the amount elected by the
Participant on the Salary Redirection Agreement for Medical Care Expense Reimbursement less any reimbursements
already disbursed. Future premium payments by the Employee shall then go to the Employer as reimbursement for the
money so advanced on behalf of the Employee.
(c) Employer Risk. If an Employee terminates employment before the Employer has been reimbursed for the money it has
advanced on behalf of the Employee, the entire unreimbursed portion shall be deemed to be an "administrative
expense" to be refunded to the Employer by any unused Account balance(s) (if any) as provided in Section 4.04(a).
4.05 Dependent Care Expense ReimbursemenL
(a) Crediting and Debiting of Accounts. Each Participant's Dependent Care Expense Reimbursement Accoun
("Account") will be credited with amounts withheld from the Participant's Compensation for Dependent Care Expense
Reimbursement pursuant to the Salary Redirection Agreement. The Account will be debited for reimbursement
amounts disbursed to the Participant in accordance with Article V of this Plan document, tn the event that the amount in
the Account is less than the amount of reimbursable benefit requests at any time during the Plan Year, the excess part
of the reimbursement will be carded over into following months (within the same Plan Year), to be paid out as the
Account balance becomes adequate. In no event will the amount of Dependent Care Expense Reimbursement benefits
exceed the amount withheld pursuant to the Salary Redirection Agreement for any Plan Year. Any amount allocated to
the Account shall be forfeited by the Participant and restored to the Employer if it has not been applied to provide
Dependent Care Expense Reimbursement for the Plan Year by the ninetieth (90th) day following the end of the Plan
Year for which the election was effective. Amounts so forfeited shall be used to offset administrative costs.
(b) Source of Payments. All Dependent Care Expense Reimbursement benefits derived hereunder shall be paid
exclusively from the amounts in each Employee's Dependent Care Expense Reimbursement Account funded by
amounts withheld from the Employee's wages pursuant to the Salary Redirection Agreement for Dependent Care
Expense Reimbursement, and any Nonelective Contributions allocable thereto.
ARTICLE V
BENEFITS
5.01 Qualified Benefit~. The maximum benefit a Participant may elect under this Plan shall not exceed the Sum of: (i) the
Aggregate Premium for all Insurance Premium Payments under 5.01(a), (ii) the Maximum Medical Care Expense Reimbursement
under 5.01(b); and (iii) the Maximum Dependent Care Reimbursement under 5.01(c). The Qualified Benefits available for election
are one or more of the following:
(a) Insurance Premium PaymenL The Employer shall withhold from a Participant's Compensation an amount equal to the
contributions required from the Participant (less any applicable Nonelective contribution) for coverage of the Participant, or
the dependent coverage of the Participant's Spouse or Dependents, under the Benefit Plans or Policies elected by the
Participant and maintained by the Employer as noted in the Adoption Agreement. The benefits are subject to the terms and
conditions of the applicable Benefits Plans or Policies specifically referred to in the Adoption Agreement and incorporated
herein into this Plan.
(b)' Medicel Care Expense Reimbursement. If pursuant to the Adoption Agreement, the Employer has elected to maintain;
Medical Care Expense Reimbursement Plan, payment shall be made to the Participant in cash as reimbursement for Eligib'
Medical Expenses incurred by the Participant or his Dependents w~ile he is an Employee, dudng the Plan Year for which th
Participant's election is effective. These expenses must also be expenses which -
(1) are not covered, paid or reimbursed from any other source; and
(2) meet the cdtena of tax-deductibility as a medical or dental expense under Section 213 of the Code, as amended and
the regulations thereunder; and
(3) meet any limitations imposed by applicable regulations promulgated under Code Section 125; and
(4) will not be taken as a deduction from income on the Participant's Federal income tax return in any tax year; and
(5) do not exceed the lesser of: (a) the maximum annual amount allocable to Medical Care Expense Reimbursement
specified in the Adoption Agreement, or (b) the annual amount that the Employee has elected to have withheld for
Medical Care Expense Reimbursement; less previous Medical Care Expense Reimbursements made during the Plan
Year; and
(6) are verified in writing to the satisfaction of the Administrator that a covered expense has occurred and the
reimbursement for which meet the substantiation requirements of Section 6.11.
(c) Dependent Care Expense Reimbursement. If pursuant to the Adoption Agreement, the Employer has elected to
maintain a Dependent Care Expense Reimbursement Plan, payment shall be made to the Participant in cash as
reimbursement for Eligible Employment Related Expenses incurred by him or her while an Employee, dunng the Plan Year
for which the Participant's election is effective, provided that the substantiation requirements of Section 6.11 have been
complied with. No payment otherwise due a Participant hereunder shall exceed that smallest of:
(1) the Participant's Earned Income for the applicable month; or
(2) the Earned Income of the Participant's Spouse for such month (Note: a Spouse of a Participant who is not employed
dunng a month in which the Participant incurs Eligible Employment Related Expenses and who is either incapacitated or a
student shall be deemed to have Earned Income in the amount of $200 per month per Qualifying Individual for whom the
Participant incurs Eligible Employment Related Expense(s), up to a maximum amount of $400 per month); or
(3) the annual amount the Participant has elected to have withheld from his Compensation for Dependent Care Expense
Reimbursement less any prior Dependent Care Expense Reimbursements during the Plan Year; or
(4) Five Thousand Dollars ($5,000), or, if the Participant is married and flies a separate tax return, Two Thousand Five
Hundred Dollars ($2,500) (or any future aggregate limitations promulgated under Code Section 129) less any prior
reimbursements during the Plan Year.
5.02 Cash Benefit. Employees who elect not to receive coverage under certain Employer sponsored plans may be entitled to
additional cash compensation as described in the Adoption Agreement under "Opt-out Option". To the extent that a Participant does
not elect under a Salary Redirection Agreement to have the maximum amount of his Compensation contributed as a Pre-tax
Premium or After-tax Premium hereunder, such amount not elected shall be paid to the Participant in the form of normal
Compensation payments; provided however, that Nonelective Contributions may not be received in the form of cash compensation.
5.03 Repayment of Excess Reimbursements. If, as of the end of any Plan Year, it is determined that a Participant has received
payments under this Plan that exceed the amount of Eligible Reimbursement Expenses that have been substantiated by such
Participant during the Plan Year, the Plan Administrator shall give the Participant prompt written notice of any such excess amount,
and the Participant shall repay the amount of such excess to the Employer within sixty (60) days of receipt of such notification.
5.04 Termination of Reimbursement Benefits. Coverage under the Medical Care Expense Reimbursement and/or Dependent
Care Expense Reimbursement Plan(s) shall cease as of the date on which a Participant is no longer employed by the Company or
when a premium payment has not been made for any reason. Provided, however, that Participants shall have the right to submit
Claims for reimbursement for Eligible Employment-Related Expenses adsing dudng the Plan Year at any time until ninety (90) days
after the end of the Plan Year for which the election had been in effect, and to receive reimbursement hereunder. Participants in the
Medical Reimbursement Plan shall have the right to submit claims for reimbursement for Eligible Medical Expense arising during the
Plan Year and before the date of separation from service at any time until ninety (90) days after the end of the Plan year for which the
election had been in effect, and to receive reimbursement hereunder. Unless a COBRA election is made, Participants shall not be
entitled to receive reimbursement for Medical Care expenses incurred after coverage ceases under this Section, and any unused
reimbursement benefits at the expiration of the 90-day period following the close of the Plan Year shall be treated in accordance with
Sections 4.04 or 4.05.
5.05 Coordination of Benefits Under Health FSA. The Health FSA is intended to pay benefits solely for otherwise unreimbursed
medical expenses. Accordingly, it shall not be considered a group health plan for coordination of benef'~ purposes, and its benefits
shall not be taken into account when determining benefits payable under any other plan.
ARTICLE VI
PLAN ADMINISTRATION
6.01 Allocation of Authority. Except as to those functions reserved within the Plan to the Employer, the Plan Administrator
appointed pursuant to the Adoption Agreement shall control and manage the operation and administration of the Plan. The Plan
Administrator shall have the exclusive right to interpret the Plan and to decide all matters adsing thereunder, including the right to
make determinations of fact and construe and interpret possible ambiguities, inconsistencies, or omissions in the Plan and the
Summary Plan Description issued in connection with the Plan. Ail determinations of the Plan Administrator with respect to any
matter hereunder shall be conclusive and binding on all persons. Without limiting the generality of the foregoing, the Plan
Administrator shall have the following powers and duties:
(a) To require any person to furnish such reasonable information as he may request for the purpose of the proper
administration of the Plan as a condition to receiving any benefits under the Plan;
(b) To make and enforce such rules and regulations and prescribe the use of such forms as he shall deem necessary for
Plandoc
the efficient administration of the Plan;
(c) To decide on questions conceming the Plan and the eligibility of any Employee to participate in the Plan and to make or
revoke elections under the Plan, in accordance with the provisions of the Plan;
(d) To determine the amount of benefits which shell be payable to any person in accordance with the provisions of the Plan; to
inform the Employer, insurer or Trustee (if any), as appropriate, of the amount of such benefits; and to provide a full
fair review to any Participant whose claim for benefits has been denied In whole or in part;
(e) To designate other persons to carry out any duty or power which may or may not otherwise be a fiduciary responsibility o~
the Plan Administrator, under the terms of the Plan;
(f) To keep records of ail acts and determinations, and to keep all such records, books of account data and other documents as
may be necessary for the proper administration of the Plan;
(g) To prepare and distribute to all Employees information concerning the Plan and their rights under the Plan;
(h) To employ the services of such persons as it may deem necessary or desirable in connection with the operation of the Plan
and to rely upon all tables, valuations, certificates, reports and opinions fumished thereby;
(i) To do all things necessary to operate and administer the Plan in accordance with its provisions.
6.02 Payment of Administrative Expanses. Unless otherwise indicated In the Adoption ~greemant, all reasonable expenses
incurred in administadng the Plan shall be paid by the Employer, provided, however that each Participant shall bear the monthly cost
(if any) charged for the maintenance of any Reimbursement Account unless othem~ise paid by the Employer.
6.03 Reporting and Disclosure Obligations. Unless specified othen~ise, it shall be the Employer and Plan Administrator's sole
responsibility to comply with all filing, reporting, and disclosure requirements, imposed by the Department of Labor and/or Internal
Revenue Service, specifically including, but not limited to creating, filing and distributing Summary Annual Reports, Form 5500s, and
Summary Plan Descriptions. Furthermore, the Employer and Plan Administrator shall be required to amend the Plan as is necessary
to ensure compliance with applicable tax and other laws and regulations.
6.04 Indemnification. The Plan Administrator shall be indemnified,,. §y the EmploYer ai3ai~st ~aims, and the expenses of defending
against such claims, resulting from any action/conduct relating to ~e administration of the Plan except claims arising from gross
negligence, willful neglect, or willful misconduct.
6.05 Substantiation of Expensea. Each Participant must submit'a written Request for Reimbursement form to the Plan
Administrator to receive reimbursements from his Medical or Dependent Care Expense Reimbursement Account(s), on a form
provided by the Plan Administrator accompanied by a wrttten statement/bill from an independent third party stating that the expense
has been incurred, and the amount thereof. The forms shall contain such evidence as the Plan Administrator shall deem necess'
as to substantiate the nature, the amount, and timeliness of any expenses that may be reimbursed.
6.06 ReimburaemenL Reimbursements shall be made as soon as administratively feasible after the required forms have been
received by the Plan Administrator. Reimbursements of less than $15 may be carded forward and aggregated with future
reimbursements until the reimbursable amount is greater than $15, provided, however, that the entire amount of reimbursable
reimbursements outstanding at the end of the Plan Year shall be reimbursed without regard to the $15 threshold limit. Such forms
and documentation must be submitted by the fourth (4th) Friday of the month in order to receNe a reimbursement in the following
month. Year-end expense reimbursements must be submitted to the Plan Administrator within 90 days of the close of the Plan Year
for which the Salary Redirection Agreement is effective, and during which such expense was incurred, in order to be eligible for
reimbursement.
6.07 Annual Statements. The Plan Administrator shall fumish each Participant with an annual statement, showing the amounts
paid or expenses incurred by the Employer in providing Medical and/or Dependent Cars Expense Reimbursement during the
previous calendar year and the respective Reimbursement Account balance(s) on or before January 31 following the close of the
applicable Plan Year.
ARTICLE VII
FUNDING AGENT
7.01 Funding of the Plan. The Plan shall be funded with amounts withheld from Compensation pursuant to Salary Redirection
Agreements and by Nonelective Contributions by the Employer.
7.02 The Employer as Funding Agent. If the Employer is designated the Funding Agent in the Adoption Agreement, the Employer
will immediately apply all such amounts, without regard to their source, to pay for the welfare benefits provided in the Adoption
Agreement and shall comply with all applicable regulations promulgated by the Department of Labor (*DOL') taking into
consideration any enforcement procedures adopted by the DOL.
7.03 Trust as Funding Agent. if a Trust is designated Funding Agent in the Adoption Agreement, an appropriate Trust Agreem- ~
shall be attached at the end of this Plan.
ARTICLE VIII
CLAIM PROCEDURES
8.01 Application to Plan Benefits. The provisions of this Article do not apply to: (i) claims for benefits under individual policies or
(ii) claims for benefits under group policies not subject to ERISA. In the event a claim adses with respect to benef'~ under such
policies, the insurer shall be the appropriate named fiduciary for purposes of benefit determinations, and with regard to beneffis under
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'such policies, shall have the discretionary authonty to construe and interpret the policies and make factual determinations thereunder.
If applicable, these provisions apply to claims for benefits only to the extent that no claims procedure is specified for such benefit in
the applicable Benefit Plan or Policy. If a claims procedure is otherwise available under th eapplicable Benefit Plan or Policy, this
Article shall not apply to benefits available under this Plan (i.e., such as a determination of: a Change in Status; significant change in
premiums charged; or eligibility and participation matters under this Flexible Benefits Plan Document). This Article shall be the
claims procedure applicable to the Medical Care Expense Reimbursement and the Dependent Care Expense Reimbursement
Plan(s).
8.02 Procedure if Benefits are Denied under the Plan. Any Employee, beneficiary, or his duly authorized representative may file
a claim for a benefit to which the claimant believes that he is entitled, but that has been previously denied by the Plan Administrator.
Such a claim must be in wdting and delivered to the Plan Administrator in person or by mail, postage paid. Within thirty (30) days
after receipt of such claim, the Plan Administrator shall send to the claimant, by mail, postage prepaid, notice of the granting or
denying, in whole or in part, of such claim, unless special circumstances require an extension of time for processing the claim. In no
event may the extension exceed fifteen (15) days from the end of the initial period. If such extension is necessary, the claimant will be
given a written notice to this effect pdor to the expiration of the initial 30-day period. If an extension of time is necessary because the
claimant failed to provide sufficient information necessary to decide the claim, the notice of the extension shall describe the required
information and the claimant shall have forty-five (45) days from the receipt of such notice to provide the required information. The
Plan Administrator shall have full discretion to deny or grant a claim in whole or in part. If notice of the denial of a claim is not
furnished in accordance with this Section 8.02, the claim shall be deemed denied and the claimant shall be permitted to exercise his
right to review pursuant to Sections 8.04 and 8.05.
8.03 Requirement for Written Notice of Claim Denial. The Plan Administrator shall provide a written notice to every claimant who
is denied a claim for benefits under this Article. Such written notice shall set forth in a manner calculated to be understood by the
claimant, the following information:
(a) The specific reason or reasons for the denial;
(b) Specific reference to pertinent Plan provisions on~hich the denial is based;
(c) A description of any additional material or inforrr~tion necessary for the claimant to perfect the claim and an explanation of
why such matedal is necessary; and
(d) An explanation of the Plan's claim review procedure.
8.04 Right to Request Hearing on Benefit Denial, Within 180 days after the receipt by the claimant of written notification of the
denial (in whole or in part) of his claim, the claimant or his duly authorized representative may make a written application to the Plan
Administrator, in person or by certified mail, postage prepaid, to be afforded a review of such denial; may review pertinent documents;
and may submit issues and comments in writing.
8.05 Disposition of Disputed Claims. Upon receipt of a request for review, the Plan Administrator shall make a prompt decision on
the review matter. The decision on such review shall be written in a manner calculated to be understood by the claimant and shall
include specific reasons for the decision, specific references to the pertinent plan or insurance policy provisions on which the decision
was based, and a description of any voluntary appeal procedures offered by the Plan. The decision upon review shall be made not
later than sixty (60) days after the Plan Administrator's receipt of a request for a review.
ARTICLE IX
AMENDMENT OR TERMINATION OF PLAN
9.0'1 Permanency, While the Employer fully expects that this Plan will continue indefinitely, due to unforeseen, future business
contingencies, permanency of the Plan will be subject to the Employer's right to amend or terminate the Plan, as provided in Sections
9.02 and 9.03, below. Nothing in this Plan is intended to be or shall be construed to entitle any Participant, retired or otherwise, to
vested or nonterminable benefits.
9.02 Employer's Right to Amend. The Employer reserves the dght to amend the Plan at any time and from time-to-time, and
retroactively, if deemed necessary or appropriate to meet the requirements of Code Section 125, or any similar provisions of
subsequent revenue or other laws, to modify or amend in whole or in part any or all of the provisions of the Plan. All amendments
shall be made in writing and shall be approved by the Board of Directors (or a duly authorized officer of the Employer) in accordance
with its normal procedures for transacting business. Such amendments may apply retroactively or prospectively. Each Benefit Plan
or Policy shall be amended in accordance with the terms specified therein, or, if no amendment procedure is prescribed, in
accordance with this section. Any amendment made by the Employer shall be deemed to be approved and adopted by any Affiliated
Employer.
9,03 Employer's Right to Terminate, The Employer reserves the right to discontinue or terminate the Plan without prejudice at any
time and for any reason without prior notice. Such decision to terminate the Plan shall be made in wdting and shall be approved by
the Board of Directors (or a duly authorized officer of the Employer) in accordance with its normal procedures for transacting
business. Affiliated Employers may withdraw from participation in the plan, but may not terminate it.
9.04 Determination of Effective Date of Amendment or Termination. Any such amendment, discontinuance or termination shall
be effective as of such date as the Employer shall determine. Subject to Sections 4.04(a) and 4.05(a) (if applicable), no amendment,
discontinuance or termination shall allow the return to any Employer of any Reimbursement Account balance nor its use for any
purpose other than for the exclusive benefit of the Participants and their beneficiaries.
ARTICLE X
GENERAL PROVISIONS
10.01 Not an Employment Contract. Neither this Plan nor any action taken with respect to it shall confer upon any person the right
to continue employment with any Employer.
10.02 Applicable Laws. The provisions of the Plan shall be construed, administered and enforced according to applicable Federal
law and the laws of the State of the principal place of business of the Employer to the extent not preempted.
13 P~ndoc
10.03 Post-Mortem Payments. Any benefit payable under the Plan after the death of a Participant shall be paid to his surviving
spouse (if any), otherwise, to his estate. If there is doubt as to the right of any beneficiary to receive any amount, the Plan
Administrator may retain such amount until the rights thereto are determined, without liability for any interest thereon.
10.04 Nonallenation of Benefits. Except as expressly provided by the Plan Administrator, no benefit under the Plan shall b~
subject in any manner to anticipation, alienation, sale, transfer, assignment, pledge, encumbrance or charge, and any attempt to ds
so shall be void. No benefit under the Plan shall in any manner be liable for or subject to the debts, contracts, liabilities,
engagements or torts of any person.
10.05 Mental or Physical Incompetency. Every person receiving or claiming benefits under the Plan shall be presumed to be
mentally and physically competent and of age until the Plan Administrator receives a written notice, in a form and manner acceptable
to it, that such person is mentally or physically incompetent or a minor, and that a guardian, conservator or other person legally
vested with the care of his estate has been appointed.
10.06 Inability to Locate Payee. If the Plan Administrator is unable to make payment to any Participant or other person to whom a
payment is due under the Plan because it cannot ascertain the identify or whereabouts of such Participants or other person after
reasonable efforts have been made to identify or locate such person such payment and all subsequent payments otherwise due to
such Participant or other person shall be forfeited one year after the date any such payment first became due.
10.07 Requirement for Proper Forms. All communications in connection with the Plan made by a Participant shall become
effective only when duly executed on any forms as may be required and furnished by, and filed with, the Plan Administrator.
10.08 Source of Payments. The Employer, the Trust fund (if selected as Funding Agent), and any insurance company contracts
purchased or held by the Employer or funded pursuant to this Plan shall be the sole sources of benefits under the Plan, No
Employee or beneficiary shall have any right to, or interest in, any assets of the Employer upon termination of employment or
otherwise, except as provided from time to time under the Plan, and then only to the extent of the benefits payable under the Plan to
such Employee or beneficiary.
10.09 Multiple Functions. Any person or group of persons may serve in more than one fiduciary capacity with respect to the Plan.
10.10 Tax Effects. Neither the Employer, its agents, the Plan Administrator, nor the Trustee makes any warranty or other
representation as to whether any Pre-tax Premiums made to or on behalf of any Participant hereunder will be treated as excludable
from gross income for local, State, or Federal income tax purposes. If for any reason it is determined that any amount paid for the
benefit of a Participant or Beneficiary is includable in an Employee's gross income for local, Federal, or State income tax purposes,..
then under no circumstances shall the recipient have any recourse against the Plan Administrator or the Employer with respect to an~
increased taxes or other losses or damages suffered by the Employees as a result thereof. The Plan is designed and is intended t
be operated as a "cafeteria plan" under Section 125 of the Code.
10.11 Gender and Number. Masculine pronouns include the feminine as well as the neuter genders, and the singular shall include
the plural, unless indicated otherwise by the context.
10.12 Headings. The Article and Section headings contained herein are for convenience of reference only, and shall not be
construed as defining or limiting the matter contained thereunder.
10.13 Incorporation by Reference. Except for the Medical and Dependent Care Expense Reimbursement Plan(s), the actual terms
and conditions of the separate component Benefit Plans or Policies offered under this Plan are contained in separate, written
documents governing each respective benefit, and shall govern in the event of a conflict between the individual plan document, and
this Plan as to substantive content. To that end, each such separate document, as amended or subsequently replaced, is hereby
incorporated by reference as if fully recited herein. The provisions of the Medical and Dependent Care Expense Reimbursement
Plan(s) are reproduced herein, but shall constitute separate plans for purposes of all applicable Code and ERISA provisions.
10.14 Severability. Should any part of this Plan subsequently be invalidated by a court of competent jurisdiction, the remainder
thereof shall be given effect to the maximum extent possible.
10.15 Effect of Mistake. In the event of a mistake as to the eligibility or participation of an Employee, orthe allocations made to the
account of any Participant, or the amount of distributions made or to be made to a Participant or other person, the Plan Administrator
shall, to the extent it deems possible, cause to be allocated or cause to be withheld or accelerated, or otherwise make adjustment of,
such amounts as will in its judgment accord to such Participant or other person the credits to the account or distributions to which he
is properly entitled under the Plan, Such action by the administrator may include withholding of any amounts due the Plan or the
Employer from Compensation paid by the Employer.
10.16 Provisions Relating to Insurers. No insurer shall be required or permitted to issue an insurance policy or contract that is
inconsistent with the purposes of this Plan, nor be bound to take any action not in accordance with the terms of any policy or contract
with this Plan. The insurer shall not be deemed to be a party to this Plan, nor shall it be bound to interpret the construction or validity
of the Plan. The insurer shall be protected from its good faith reliance on the written representations and instructions of the Truste,=
and the Plan Administrator, and shall not be responsible for the initial or continued qualified status of the Plan.
14 P~andoc
10.17 Forfeiture of Unclaimed Reimbursement Account Benefits. Any Reimbursement Account benefit payments that are
unclaimed (e.g., uncashed benefR checks) by the close of the Plan Year following the Plan Year in which the Health or Dependent
Care Expense was incurred shall be forfeited.
ARTICLE Xl
CONTINUATION COVERAGE UNDER COBRA
The following provisions shall be applicable to the Medical Care Expense Reimbursement Plan, and any other group health plan (as
defined by Code Sections 4980B and 5000(b)(1) and the regulations promulgated thereunder) subject to COBRA that does not
otherwise contain COBRA provisions. As noted in Section 11.05, COBRA coverage need not be extended to certain Health Care
Expense Account Participants. The intent of this Article is to extend continuation rights required by COBRA. To the extent greater
rights are provided for hereunder, this Article shall be void.
11.01 Continuation Coverage after Termination of Normal Participation. During any Plan Year during which the Employer is
subject to Code Section 4980B, each person who is a Qualified Beneficiary shall have the right to elect to continue coverage under
the Medical Care Expense Reimbursement Plan (or other group health plan subject to COBRA) upon the occurrence of a Qualifying
Event that would otherwise result in such person losing coverage hereunder. Such extended coverage under the plan is known as
"Continuation Coverage".
11.02 Who is a "Qualified Beneficiary". A "Qualified Beneficiary" is any person who is, as of the day before a Qualifying Event: (a)
an Employee of the Employer (including persons who are considered to be "employees" within Code Sec. 401(c), directors and
independent contractors) covered under a health plan offered under the Plan as of such day (such persons are called "Covered
Employees"), (b) the Spouse of the Covered Employee, or (c) a Dependent of the Covered Employee. A Covered Employee can be a
Qualified Beneficiary only if the Qualifying Event consists of termination of employment (for any reason other that gross misconduct)
or reduction of hours of the Covered Employee's employment. A child born to or placed for adoption with a Covered Employee during
Continuation Coverage will also be a Qualified Beneficiary. A retiree or other former Employee actively participating in the Plan by
reason of a previous period of employment will be treated as a "Qualified Beneficiary".
11.03 Who is not a "Qualified Beneficiary". A person is not a Qualified Beneficiary if, as of such day, either the individual is
covered under the Medical Care Expense Reimbursement Plan (or other group health plan subject to COBRA) by virtue of the
election of Continuation Coverage by another person and is not already a Qualified Beneficiary by reason of a prior Qualih/ing Event,
or is entitled to Medicare coverage under Title XVIII of the Social Security Act. Furthermore, an individual who fails to elect
Continuation Coverage within the election period provided in Section 11.07, below, shall not be considered to be a Qualified
Beneficiary.
11.04 What is a "Qualifying Event". Any of the following shall be considered as a "Qualifying Event":
(a) death of a Covered Employee; or
(b) termination (other than by reason of gross misconduct) of the Covered Employee's employment or reduction of hours of
employment; or
(c) divorce or legal separation of a Covered Employee's spouse; or
(d) a Covered Employee's becoming entitled to receive Medicare beneffis under Title )(VIII of the Social Secudty Act; or
(e) a dependent child of a Covered Employee ceasing to be a Dependent.
In the case of any person treated as a "Covered Employee" but who is not a common-law employee, termination of "employment"
means termination of the relationship that originally gave rise to eligibility to participate in the Medical Care Expense Reimbursement
Plan (or other group health plan subject to COBRA).
11.05 COBRA Not Applicable to Certain Health Care Expense Account Participants. In accordance with IRS regulations,
COBRA continuation coverages will not be offered to Medical Care Expense Account Plan participants under certain circumstances:
(a) Unavailability of COBRJ~, in Plan Year in Which Qualifying Event Occurs. COBRA continuation coverage will not be
offered to a Qualified Beneficiary in the Plan Year in which the Qualifying Event occurred if:
(1) Conditione in 1t.05(b) are Satisfied. The Medical Care Expense Account Plan satisfies the conditions set forth in
Section 11.05(b); and
(2) Health Care Expense Account has a Deficit at the Time of the Qualifying Event. Taking into account all claims
submitted on or before the date of the Qualifying Event, the Qualified Beneflciary's remaining Medical Care Expense
Account balance for the Plan Year is less than the maximum required COBRA premiums for the rest of the year (i.e., the
Medical Care Expense Account is in a deficit position).
(b) Unavailability of COBRA in Subsequent Plan Years, COBRA continuation will not be offered to a Medical Care Expense
Account Participant in any Plan Year following the Plan Year in which the Qualifying Event occurs (thus even if COBRA is
offered for the year in which the qualifying event occurs, the COBRA coverage will cease at the end of the year and cannot
be continued for the next plan year);
(1) Health FSA ia Exempt from HIPAA. The Medical Care Expense account is exempt from HIPAA (i.e., a major medical
plan is available in addition to the Medical Care Expense Account, and the Medical Care Expense Account benefit does not
exceed two times the salary redirection or, if greater, the salary redirections plus $500); and
(2) COBRA Premiums Equals or Exceeds Medical Care Expense Account Benefit. If for the plan year in which the
Qualifying Event occurs, the maximum amount the Qualified Beneficiary could be required to pay for a full year of Medical
Care Expense Account COBRA coverage equals or exceeds the maximum benefit available to the Qualified Beneficiary for
the plan year.
The Plan Administrator will notify Medical Care Expense Account Participants as to their COBRA eligibility (if any).
11.06 What Benefit is Available under Continuation Coverage. Each person who is eligible to elect to continue coverage under
Article XI shall have the nght to continue the level of coverage in effect for the Covered Employee on the day before the Qualifying
Event (or a lesser level of coverage). If a Qualified Beneficiary of another group health plan maintained by the Employer is prevented
from receiving a previous level of Benefits due to a change in plan Benefits or plan termination, such individual will be entitled to elec
any available level of coverage under the Medical Care Expense Reimbursement Plan, A premium for Continuation Coverage shall
be charged to Employees and Qualified Beneficiaries in such amounts and shall be payable at such times as ara established by the
Plan Administrator and permitted by applicable law.
11.07 Notice Requirements:
(a) When an Employee becomes covered under this Medical Care Expense Reimbursement Plan (or any other group health
plan subject to COBRA), the Plan Administrator must inform the Participant (and spouse, if any) in writing of the rights to
continued coverage, as described in Article Xl.
(b) The employer shall give the Plan Administrator (if different from the Employer) written notice of a Qualifying Event within
thirty (30) days of the occurrence thereof.
(c) Within fourteen (14) days of receipt of the Employer's notice, the Plan Administrator shall furnish each Qualifying
Beneficiary with written notification of the termination of regular coverage under the Medical Care Expense Reimbursement
Plan (or any other group health plan subject to COBRA), as well as a recital of the rights of any such Beneficiary to elect
Continuation Coverage, as required by Code Sec. 4980B and ERISA Sec. 601, in accordance with the terms of this Plan.
(d) In the case of a Qualifying Event described in Section 11.04(c) or (e), a Covered Employee or a Qualified Beneficiary who is
a Spouse or Dependent of such Employee must notify the Plan Administrator within sixty (60) days of the occurrence
thereof. The Plan Administrator shall give written notification of Conversion Coverage rights to any other affected Qualified
Beneficiaries within fourteen (14) days of receipt of the notice described in this Section 11.07(d).
Notwithstanding any of the foregoing, notification to a Qualified Beneficiary who is a Spouse of a Covered Employee is
treated as notification to all other Qualified Beneficiaries residing with that person at the time notification is made.
11.08 Election Period. Any Qualified Beneficiary entitled to Continuation Coverage shall have 60 days from the date of the notice
required by Section 11.06, in the case of occurrence of a Qualifying Event, in which to return a signed election to the Plan
Administrator indicating the choice to continue benefits under this Plan.
11.09 Duration of Continuation Coverage. Except as otherwise provided in this Plan, Continuation Coverage shall extend for a
period of 18 months after the date that regular coverage ceased due to occurrence of the initial Qualifying Event described in Section
11,04(b), unless dudng such 18-month period a subsequent, Qualifying Event occurs, in which case, another election to extend
coverage for 18 months shall be available to the Beneficiary. Except as otherwise provided in this Section, in the case of a Qualifying
Event not described in Section 11.04(b), Continuation Coverage shall extend for a period of 36 months after the date that regula~
coverage ceased due to the occurrence of the Qualifying Event. If a Qualified Beneficiary who is determined, under title II or XVI ¢
the Social Secudty Act to have been disabled at any time during the first 60 days of COBRA coverage, the Continuation Coverage
with respect to such event shall extend for all Qualified Beneficiaries within the same family for a period of 29 months after the date
that regular coverage ceased due to the occurrence of the Qualifying Event if a Qualified Beneficiary has provided notice of such
determination within sixty (60) days after the date of such determination and before the end of the initial 18 month Continuation
Coverage pedod. In the event a Covered Employee becomes entitled to Medicare coverage, the period of Continuation Coverage for
a Qualified Beneficiary, other than the Covered Employee for such Qualifying Event or any subsequent Qualifying Event, shall not
terminate for a pedod of 36 months from the date the Covered Employee becomes entitled to Medicare benefits. In no event,
however, shall Continuation Coverage extend more than 36 months beyond the date of the odginal Qualifying Event.
'11.10 Automatic Termination of Continuation Coverage. Continuation Coverage shall automatically cease if: (a) the Employer no
longer offers the particular group health coverage to any of its employees (b) the required premium for Continuation Coverage for a
particular coverage is not paid within 30 days of the date due or within 45 days after the initial election of Continuation Coverage
made pursuant to Section 11.08 (whichever is later), (c) an electing Qualified Beneficiary becomes covered under another group
health plan other than a group health plan which may limit a Qualified Beneficiary's coverage because it involves a pre-existing
condition, or (d) an electing Qualified Beneficiary becomes eligible to receive benef~ under Medicare.
IN WITNESS WHEREOF, the Employer has executed this Flexible Benefits Plan, Medical Care Expense Reimbursement Plan,
and/or Dependent Care Expense Reimbursement Plan (as noted in the Adoption Agreement), the date and year first written below, to
be effective as sat forth in the Adoption Agreement.
WITNESS:
Employer:
By:
Title:
Date:
Corporate Officer
16 Pandoc
A~OPTION AGREEMENT FOR: CITY OF BOYNTON BEACH
FLEXIBLE BENEFITS PLAN
ESTABLISHMENT OF THE PLAN
The Employer named below established as set forth herein, a Flexible Benefits Plan (the "Plan") as of the Effective Date
consisting of this Adoption Agreement, the Plan Document and the Benefit Plans and Policies specifically referred to herein
including the Dependent Care Expense Reimbursement Plan and/or a Medical Care Expense Reimbursement Plan. The purpose
of the Flexible Benefits Plan is to provide eligible Employees a choice between cash and the specified welfare benefits described
in this Adoption Agreement. Pre-tax Premium elections under the Plan are intended to qualify for the exclusion from income
provided in Section 125 of the internal Revenue Code of 1986.
EMPLOYER INFORMATION
1) Name and Address of Employed CITY OF BOYNTON BEACH
Plan Administrator: CAROL CHEEK
100 E BOYNTON BEACH BLVD
BOYNTON BEACH, FL 33425
2) Employer Telephone Number: (561) 742-6278
3) Employer's Federal Tax ID Number: 59.6000282
4) 125 Start Date: 10101102
5) Effective Date of the Plan: 10101102
6) Last Day of the Plan Year: 09130103
Subsequent Plan Years: 10/01-09130
7) Name and Address of the Plan CLAIMS PROCESSOR: FLEX ONE
Service Provider: 1932 WYNNTON ROAD
COLUMBUS, GA 31999
8) Name and Title of Registered Agent for CAROL CHEEK
Service of Legal Process: HR COORDINATOR
9) Affiliated Employers which will Participate in the Plan:
10) Employer's Type of Business: CORPORATION
All Employees employed by the Employer shall be eligible to participate under the Plan exceot the following: (Describe)
An eligible Employee may become a Participant in the Plan:
( ) Immediately, upon the first day of employment (but not prior to the Effective Date of the Plan).
( ) On the day following commencement of employment.
( X ) On the first day of the month following 30 days of employment.
( ) OTHER
provided the Employee completes a Salary Redirection Agreement. However, eligibility for coverage under any given
Benefit Plan or Policy shall be determined by the terms of that Benefit Plan or Policy, and reductions of the Employee's
Compensation to pay Pre-tax or After-tax Premiums shall commence when the Employee becomes covered under the
applicable Benefit Plan or Policy.
An eligible Employee may become a Participant in the Dependent Care and/or Medical Expense Reimbursement Plan(s) (if
elected below):
( ) On the same day such Employee is eligible for the Pre-Tax Premium benefits under the Plan.
( ) On the day following commencement of employment.
( ) On the first day of the month following days of employment.
( ) OTHER
provided the Employee completes a Salary Redirection Agreement selecting such benefits.
BENEFITS PROVIDED UNDER THE PLAN
The Employer elects to offer to eligible employees the following Benefit Plans and Policies subject to the terms and conditions of
the Plan. These component Benefit Plans and Policies are specifically incorporated herein by reference. The maximum Pre-tax
Premiums a Participant can contribute via the Salary Redirection Agreement is the aggregate cost of the applicable Benefit Plans
or Policies selected minus any Non-elective Contribution made by the Employer. It is intended that such Pre-tax Premium
accounts shall, for tax purposes, constitute an Employer contribution, but may constitute Employee contributions for State
insurance law purposes. Copies of the Benefit Plans or Policies (or a list of eligible Policy numbers) shall be attached as an
appendix to this Plan.
( X ) Group Medical Coverage
( X ) Vision Care Coverage
( ) Disability Income-Short Term (A&S)
( X ) Cancer Insurance
( X ) Group Dental Coverage
( ) Group Term Life Insurance
( ) Disability Income-Long Term (LTD)
( X ) Intensive Care Insurance
( X ) Accident Insurance
( X ) Hospital Indemnity Insurance (HIP)
( ) Specified Health Event
( ) Personal Sickness Indemnity (PSI)
( X ) Medical Care Expense Reimbursement described in Section 5.01(b) of the Plan, not to exceed $ 2,500 per Plan Year
pursuant to the CITY OF BOYNTON BEACH
Medical Care Expense Reimbursement Plan.
( X ) Dependent Care Expense Reimbursement described in Section 5.01(c) of the Plan not to exceed $5,000 per Plan Year or
$2,500 for married filing separate returns pursuant to the CITY OF BOYNTON BEACH
Dependent Care Expense Reimbursement Plan.
( ) Opt-out Option: Additional taxable compensation for certain participants who opt-out of certain coverages (as described
in enrollment materials).
THE FUNDING AGENT
The Employer selects the following Funding Agent for the Plan (check one):
The Employer, which will comply with the requirements of Section 7.02 of the Plan.
The Flexible Benefits Trust created concurrently with the execution of the Plan, which shall receive contributions under
the Plan in accordance with Section 7.03 of the Plan.
ADMINISTRATIVE EXPEN$1~
Administrative Expenses incurred in operating the Plan shall be paid by (check one):
The Employer, except as otherwise noted in the Plan.
The Participants, except as otherwise noted in the Plan.
18 P~ar~oc
EMPLOYER'S ACKNOWLEDGMENT
As evidenced by the formal execution of this Adoption Agreement, the undersigned Employer adopted and established this Plan on
the Effective Date as the Flexible Benefits Plan of the undersigned Employer. In doing so, the undersigned Employer acknowledges
that this Adoption Agreement and this Plan are important legal instruments with significant legal and tax implications.
The Employer also acknowledges that it has read this Adoption Agreement and the Plan in their entirety, has consulted independent
legal and tax counsel other than representatives of Amedcan Family Life Assurance Company of Columbus (AFLAC®), to the ex"tent
considered necessary, and accepts full responsibility for participation of Employees hereunder and the operation of the Plan. The
Employer acknowledges that as Plan Sponsor and the Plan Administrator it shall have sote responsibility to comply with all filing,
reporting and disclosure requirements imposed by the Department of Labor, Internal Revenue Service, or any other government
agency, specifically including, but not limited to, creating and filing Form 5500s and preparing and distributing Summary Plan
Descriptions. Furthermore, the Employer further acknowledges that it shall bear sole responsibility for amending the Plan as
necessary to ensure compliance with applicable tax, labor, and other laws and regulations. Employer acknowledges receipt of the
checklist of Plan Sponsor Responsibilities included in the Plan Document Request form and has agreed to the obligations set forth
therein.
It is also understood and agreed that American Family Life Assurance Company of Columbus (AFLAC) and its Subsidianes, agents,
and representatives are not providing legal or tax advice to the undersigned Employer in connection with this Plan and that no
representations are made by it with respect to the operation of the Flexible Benef~s Plan pursuant to the sample documents provided
by American Family Life Assurance Company of Columbus (AFLAC) to the Employer.
This Plan shall be construed and enforced according to the Internal Revenue Code of 1986, as amended from time to time, the
applicable regulations thereto and the laws of the State of the principal place of business of the Employer.
IN WITNESS WHEREOF, the Employer has caused this Plan and Adoption Agreement to be executed on the day of
to ratify the adoption of the Plan adopted and effective as of the Effective Date.
WITNESS:
Employer:
By:
Title:
Date:
Corporate Officer
RESOLUTION ADOPTING A FLEXIBLE BENEFITS PLAN
The undersigned hereby cert~es that the following described Resolution was officially and legally adopted at the duly authorized
official meeting of the body with legal authonty (hereafter "Authority") to pass said Resolution. Said meeting was held on the date set
forth below.
WHEREAS, the Authority wishes to adopt a cafeteria plan within the context of Section 125 of the Internal Revenue Code for the
benefit of the employer's eligible employees.
NOW, THEREFORE, BE IT RESOLVED, that the Authority hereby adopts the Flexible Benefits Plan (consisting of the flexible
benefits plan document, the Adoption Agreement, and component benefit plans and Policies) for the Employer named herein below
effective as of the date specified in the Adoption Agreement.
RESOLVED FURTHER, that any officer of the employer may, without a further resolution, execute the Adoption Agreement and any
related documents or amendments which may be necessary or appropriate to adopt the plan or maintain its compliance with
applicable Federal, State and local law.
Name:
Body With Legal Authority of Employer To Pass Resolution:
(Examples - Board of Directors, Board of Commissioner, etc.)
Date of Official Meeting of Authority
at which Resolution was Legally Passed:
Signature of Person with Authority to Certify that
Resolution was Legally Passed
Corporate Secretary Print Name and Title of Person above
[ OFFICIAL SEAL ] Date:
*Note: Legal requirements for a valid Board of Directors Resolution vary from State to State. This document is merely a suggested
form. Each Employer should consult with its own legal counsel to ensure compliance with applicable law.
20 P~ndoc
VII.-CONSENT AGENDA
ITEM C.4.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Tumed Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
[] August 6, 2002 July 17, 2002 (5:00 p.m.) [] October 1,2002 September 16, 2002 (Noon)
[] August 20, 2002 August 5, 2002 (Noon) [] October 15, 2002 September 30, 2002 (Noon)
[] September 3, 2002 August 19, 2002 (Noon) [] November 6, 2002 October 14, 2002 (Noon)
[] September 17, 2002 September 3, 2002 (8:00 a.m.) [] November 19, 2002 November 5, 2002 (Noon)
[] Admimstrative [] Development Plans
NATURE OF [] Consent Agenda [] New Business
AGENDA ITEM [] Public Hearing [] Legal '~-
[] Bids [] Unf'mished Business
[] Announcement [] Presentation
[] City Manager's Report
RECOMMENDATION: ·
Resolution authorizing the release of a cash bond of $550.00 to Wm. Thies & Sons, Inc. for the project known as William
Thies & Sons, Inc.
EXPLANATION:
On August 12, 2002, the Building Division sent to the Finance Department a cash bond of $5 50.00 for the completion of the
permitted work at William Thies & Sons, Inc. (1111 NW 22nd Avenue). The work has been completed and the Certificate of
Occupancy has been issued.
PROGRAM IMPACT: None
FISCAL IMPACT: None
ALTERNATIVE~e
It ])ILl)
Quintu~.~. G'r~en[,-D~v~l~pmeht Director City'Manager's Signature
Development Department ~A/~0, ~.1 ~'~','~ (~;; :~
Department Name ff- ' City Atto~'y / Finance / Human Resources
S:\BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC
RESOLUTION NO. R02-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
A FULL RELEASE OF SURETY AND REFUND OF CASH
BOND, IN THE AMOUNT OF $550.00, TO WM. THIES &
SONS, INC., FOR THE PROJECT KNOWN AS WILLIAM
THIES & SONS, INC., AND PROVII)ING FOR AN
EFFECTIVE DATE.
WHEREAS, the developer for the project known as Wm. Thies & Sons, Inc., paid a
cash surety deposit in the amount of $550.00 to secure the completion of a security system;
and
WHEREAS, the Building Department has completed it's final inspection, and a
Certificate of Occupancy has been issued;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida, upon the
recommendation of staff, hereby approves the release of the cash bond in the amount of
;550.00 to Wm. Thies & Sons, Inc., for the project known as William Thies & Sons, Inc..
Section 2. That this Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this ~ day of October, 2002.
CITY OF BOY'NTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
~.TTEST:
City Clerk
S:\CALRESOXLetters of CreditLRelease of Cash Bond-Thies.doc
DEPARTMENT OF DEVELOPMENT
BUILDING DIVISION
MEMORANDUM NO. 02-195
TO: Diane Reese, Finance Director
FROM: Don Johnson, Building Official
DATE: September 12, 2002
RE: RETURN OF CASH BOND - WILLIAM THIES & SONS, INC.
1111 NW 22~D AVENUE
On August 12, 2002, we sent you a memo (copy attached) regarding a cash bond of $550.00 for the
completion of the permitted work at the above address. The work has been completed and the final Certificate
of Occupancy has been issued. Therefore, please return the bond to Wm. Thies & Sons, Inc. Attached is a
Direct Payment Requisition and Agenda Item Request Form.
3J:rs
Attachments
XC: Timothy K. Large, Building Code Administrator
Bruce E. Mills, Executive VP/Wm. Thies & Sons; 791 Park of Commerce Blvd., #300; Boca Raton
Permit File # 02-1892
S:\Development\Building Div~Documents~Vlemos in Word\Cash Bonds - 2002~.Retum of Cash Bond - Wm Thies & Sons 02-1892.doc
DIRECT PAYMENT REQUISITION
PLEASE RETURN CHECK TO RUTH SCIRI~ IN BUILDING DIV.
Please issue a check in the amount of $ 550.00
To: Wm. Thies & Sons, Inc.
Attn: Bruce Mills
791 Park of Commerce Blvd., Suite 300
Boca Raton, FL 33487
For: Return of cash bond for the completion of permitted work at William Thies & Sons, Inc.
The final C.O. has been issued.
Requested by Department of Development Date September 12, 2002
Approvals:
~j~,~/,MC- FUND DEPT BASIC' ELE OBJ AMOUNT
Secti°nAdmin"Do/n ohns 001 0000 220 99 00 550.00
Finance Dept.
City Manager
550.0C
rs
Attachments\Memo # 02-195, 02-176, Agenda Item Request Form and letter from Bruce Mills
S:\Development\BUILDIN(ABuilding Div\Documents\Memos in ~brd\Cash Bonds - 2002\Cash Bond Return-V~n Thies & Sons.doc
Wm. Thies & Sons
(561)237-1404
Bruce E. Mills
Executive Vice President
September 10, 2002
City of Boynton Beach
Building Department
Boynton Beach, FL
To Whom It May Concern:
On August 12, 2002 Wm. Thies & Sons paid a cash surety deposit to the City of Boynton
Beach to secure the completion of our security system by our contractor. We were
informed that once all construction was completed we would be given a permanent
Certificate of Occupancy and the surety deposit would be returned.
This letter is our former request for the return of our surety deposit. Please mail check to:
Wm. Thies & Sons, Inc.
Attn: Bruce Mills
Suite791 Park300 of Commerce Blvd ..~
Boca Raton, Florida 33487
Thank you,
CITY OF BOYNTON BEACH
P.O. BOX 310
BOYNTON BEACH FL 33425
CERTIFICATE OF OCCUPANCY
P E R M A N E N T
Issue Date ...... 9/09/02
Parcel Number ..... 08-43-45-17~09-000-0360
Property Address !!1t ~& 22ND AVE
BOYNTON BEACH FL 33426
Subdivision Name
Legal Description QUANTUM PARK AT BOYNTON BEACH
PL 3
LT 36
Propermy Zoning .... PLANNED INDUSTRIAL DEV.
Owner ......... GATEWAY BUSINESS PARK L.C.
Conuractor ...... GLOBAL CONSTRUCTION ASSOCIATES
954 971-9500
Application nun%ber 02-00001892 000 000
Descript~ion of Work INTERIOR COMPLETION
Construcqion type TYPE IV/! HOUR PROTECTED
Occupancy type .... BUSINESS
Flood Zone ......
Special conditions
WM THIES & SONS INCj~ ~ /
Approved ....... Buii~/hg Official
VOID UlXTLESS SIGNED BY BUILDING OFFICIAL.
DEPARTMENT OF DEVELOPMENT
BUILDING DIVISION
MEMORANDUM NO. 02-176
TO: Diane Reese, Finance Director
FROM: Timothy K. Large, Building Code Administrato~
DATE: August 12, 2002
SUBJECT: CA. SH BO~'D - WILLIAM THIES & SONS, INC. - 1111 NX~,' 2250 AVENUE
Attached is a check for S550.00 from William Thies & Sons, Inc. This is a cash surety for William Thies &
Sons, Inc. and is to be held until all outstanding issues of their temporary, Certificate of Occupancy are
completed. This should occur within 30 days.
Upon completion of the deficiencies of the permit and the issuance of the final Certificate of Occupancy,
the surety will be returned.
TK.L:rs
Attachments/letter from Peter Con-ales and check
XC: Timothy K. Large, Building Code Administrator
Permit File # 02-1892
SgDevelopmentkBuilding DivkDocumentskMemos in WordX.Cash Bonds - 2002'Cash Bond - Wm Th/es & Sons 02-1892.doc
Nm. Thies & Sons, Inc.
,,,:a ~aron, FL 33437
OISCOUNT
3~,'L2,'02 ~ P~2MZT 254134 ~ 55,3. 33 ~ .3,3 55C.~'
08/12/02 76679 54096 J J 550 . O0 O. 00 550.0O
Wm. Thies & Sons, Inc. ~ST ~ON NATIONAL 63-643/670 966
791 Park of Commerce 81vd. Suite 300 BANK OF ~O~A
Boca aaron, FL 33a87 ~. LAUDERDALE. FL 33301
DATE08/k2/2002 CHaCKNU~SEa 76579
<ACTLY **NONE** ***FIVE* ***FIVE* ***NO*** ***NO*** *******550 . O0
LEGAL SALE OF BEER HAS
MADE THIS PAYMENT POSSIBLE
~ rD rile OaOER o~ CITY OF BOYNTON BEACH,
~/ ~ /
,"OT~?q,," ':O r= ?OO r= L, iE,:2Bq&&Ok?L,[,
~ECU~I~ FE.e, TURES INCLUOE9. DETAILS ON ~ACK.
CITY OF BOYNTON BEACH 2 5 3 4 5
Boynton Beach, Florida
ifi,
DEPARTMENT ,,- i ~.~
?~-,~: ."-: ,.. , ,2. u ,4 .f../..,., ~ f~ ~ DOLLARS
FOR ~ ~,( ~ ' ':
Ru~ 12 02 04: 4Sp Carrales Group
corrales
_ _ group
architects
August 12~h, 2002
City of Boynton Beach
Building Department
Boynton Beach, FL
RE: William Thies & Sons; 1111 NW 22''a Ave. Boynton Beach
The purpose of this letter is to inl:brm the Building Department of Boynton Beach,
that as the design professional o£ t/tis project, we are aware & approve tbr Allis
Communications whom is contracted with Gateway Communications to complete the low
voltage wiring for William Th/es and Sons offices at 1 ! I 1 NW 22"d Ave. in Boynton
Beach. A permit was issued for this work under master permit number 02 ~ 892.
Currently, Allis Communications is in thc process of removing an existing telephone
system From the Thies facility at 1355 NW 26t" Street in Wilton Manors with the plan to
install this same customer owned system at the Boynton Beach location on or about
August 19~', 2002. Allis Communications will be charging William Thies an installation
charge of $500.00 for this work and William Thies & Sons has agreed to post a bond of
$500.00 in order to secure a temporary Certificate of Occupancy until all work by Allis
Communications is completed and a final electrical inspection is completed.
President
300 cc~orate ,boulevard. n. w, suite ! 45, boca rat'on, tlon'Ca 3343 ? · 561 -995-6 700 /:ax 56 i -99,.5-1998
ALLIS COMMUNICATIONS
Tom P. StiDp Telepr~one 1..8(X)-741-5011
15567 74 lh Avenue Nodh Fax 1 °56 !-74,34~ 13
Palm 8eac~ Gardens, FL 33418-7473
August 12, 2002
City of Boynton Beach
Building Depart
Boynton Beach, FL
Allis Communications contracted with Gateway Communications to complete the Iow
voltage widng for Wm Thies and Sons office at 1111 NW 22nd Avenue in Boynton
Beach. A permit was issued for this work under master permit number
021892.
We are currently in the process of removing an existing telephone system from the
Thies facility at 1355 NW 26th Street in Wilton Manors with the plan to install this
same customer owned system at the Boynton Beach location on or about August
19, 2002. We will be charging Thies an installation charge of'$500 for this work and
Wm Thies and Sons has agreed to post a bond of $550 to secure a tempora~
Certificate of Occupancy until our work is completed and a final electrical inspection
is completed.
Tom Stipp
gILDING DIVISION
YVm. Thies & Sons
791 Park of Commerce Blvd.
Suite 300
Boca Raton FL 33487
Bruce £. Hills
Executtve VP
August 12, 2002
City of Boynton Beach
Planning & Zoning Dept.
To Whom It May Concern:
Pursuant to our lease from Premier Commercial Realty for the property at
1115 Gateway Blvd.; this letter is to inform you that we have contracted Allis
Communication to install our telephone system which we are transferring from our Fort
Lauderdale warehouse. The mount of the install is $500.00.
If you have any further concerns or questions, please do not hesitate to contact me at
561/237-1404. Thank you for your prompt attention to this matter.
!-~ ~ ~ Sincerely,
Executive VP
-!
· .J BUILDING DiVIS~i ,
VII.-CONSENT AGENDA
CITY OF BOYNTON BEAC[. ITEM D.1.
AGENDA ITEM REQUEST FOI
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
[] August 6, 2002 July 17, 2002 (5:00 p.m.) [] October 1, 2002 September 16, 2002 (Noon)
[] August 20, 2002 August 5, 2002 (Noon) [] October 15, 2002 September 30, 2002 (Noon)
[] September 3, 2002 August 19, 2002 (Noon) [] November 6, 2002 October 14, 2002 (Noon)
[] September 17, 2002 September 3, 2002 (8:00 a.m.) [] November 19, 2002 November 5, 2002 (Noon)
[] Administrative [] Development Plans
NATURE OF [] Consent Agenda [] New Business
AGENDA ITEM [] Public Hearing [] Legal
[] Bids [] Unfinished Business
[] Announcement [] Presentation
[] City Manager's Report
RECOMMENDATION: Please place this request on the October 15, 2002 City Co,,,,,ission Agenda under
Consent Agenda, to be timed with the final approval of the corresponding application for the Quantum Park D1LI
NOPC/Master Plan Amendment #13. The Planning and Development Board with a 6 to 1 vote recommends that the subject
request, including waivers, be approved, subject to changes in staff comments and waivers as documented in the conditions
of approval. In summary, recommended changes clarify that certain conditions will be satisfied at time of Technical Site Plan
review, add a buffer wall as a condition of a waiver request, reduce the waiver request to decrease the northern buffer (5 feet
to 14 feet), and omit the condition requiring tower and roof articulation details on the townhomes. For further information, see
attached Department of Development Memorandum No. PZ 02-192.
EXPLANATION:
PROJECT: QUANTUM PARK AND VILLAGE LOT 89B (SBMP 02-003)
AGENT: Sara Lockhart - Calvin, Giordano & Associates, Inc.
OWNER: Quantum Limited Partners, LLC
LOCATION: North of Gateway Boulevard, East of High Ridge Road
DESCRIPTION: Request for Master Site Plan Approval with waivers for 39 fee-simple townhouse units on
3.99 acres in the Quantum Park DRI.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: N/A ~ ~
Deve~ ~t ~epartment Director 'Clty~lqlanager's S~gnamre
Planning and Zon~'g°Director City Attorney / Finance / Human Resources
S:LPlanning~HARED\WPLPROJECTS\Quantum Park & Village~SBMP 02-003 lot 89L~kgenda Item Request Quantum Pk & Village Lot 89B 10-1-02.dot
S:\BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
MEMORANDUM NO. PZ 02-192
SITE PLAN REVIEW STAFF REPORT
PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION
September 18, 2002
DESCRIPTION OF PROJECT
Project Name/No.: Quantum Village at Quantum Park Lot 89B - Master Site Plan (SBMP 02-003)
Property Owner: Quantum Associates
Applicant/Agent: Westbrook Companies, Inc. / Sara Lockhart with Calvin, Giordano & Associates, Inc.
Location: Quantum Park Lot 89B
Land Use/Zoning: Industrial/Planned Industrial Development (PID)
Quantum Park PID Master Plan Land Use is Office / Industrial (OI)
Proposed Land Use: Proposed Master Plan Use designation is Mixed Use (MU)
Type of Use: 39 Townhouse Units
Project size: 3.996 acres
Adjacent Uses: (see Exhibit "A" - Location Map)
North Developed Boynton Beach Distribution Center (Manufacturing use, zon~
Light Industrial (M-l) with an Industrial (I) land use classification;
South Quantum Park Lot 90 (Office use, zoned PID with a Office / Industrial (OI)
land use option), farther south is Quantum Park Lot 91 zoned PID with a
Office / Industrial / Commercial (OIC) land use option,
East - Quantum Park Lot 90, zoned PID with a Tri-Rail Governmental / Institutional
land use option) and Quantum Park Lot 90 (Office use, zoned PID with a
Office / Industrial land use option); and
West Quantum Park Lot 89A (Manufacturing use, zoned PID with a Office /
Industrial (OI) land use option), High Ridge Road right-of-way and farther
west is Quantum Park Lots 86 and 87 (SBMP 02-002) zoned PID with a
Mixed Use (MU)land used option.
Site Characteristics: The subject site is on the east side of High Ridge Road approximately 420 feet north of
Gateway Boulevard (see Exhibit "A" - Location Map). The lot is heavily vegetated with
different varieties of trees. According to the survey, the site contains Florida Slash Pine,
Cabbage Palms, Florida Sand Pine, various Oak trees, and exotic or unknown species.
The entire property is located within the South Florida Water Management District
(SFWMD) C-16 Basin and within the Lake Worth Drainage District (LWDD). A Florida
Power & Light easement traverses along the northern property line. The Engineering
Division will review any request to relocate or abandon all on-site easements (see Exhib;*
"D" - Conditions of Approval).
* Proposal: The applicant, Westbrook Companies, Inc. is proposing to construct 39 fee-simple
Page 2
Quantum Village at Quantum Park Lot 89B Master Site Plan Staff Report
Memorandum No. PZ 02-192
townhouse units on 3.996 acres. The types of townhouses on this lot will be the same as
proposed on Quantum Lots 83 through 88 (a.k.a. Quantum Park & Village North). The
subject Quantum Park lot currently has a Master Plan land use option of Office / Industrial
(OI). Residential units are not permitted under the current use category. Therefore, the
approval of this Master Plan is contingent upon approval of the request for Notice of
Proposed Change NOPC #13, to change the use option on the Master Plan from (OI) to
Mixed Use (MU) (see Exhibit "D" - Conditions of Approval).
A Master Site Plan was submitted in accordance with Chapter 2, Section 7, P. and
constitutes this review (see Exhibit "B"). The Master Site Plan is conceptual, establishing
the general development parameters for the project. According to the overall site plan, no
phase lines are indicated. Should NOPC #13 and this Master Plan be approved, a more
detailed Technical Site Plan will be required at a later time. The Technical Site Plans will
only be reviewed by the TRC and receive a Development Order from the Development
Director. Only at that time will the applicant will be able to apply for building permits.
Neither the Planning & Development Board nor the City Commission will review or approve
the Technical Site Plans.
Concurrency:
a. Traffic - A revised traffic statement for this project was submitted and sent to the Palm Beach
County Traffic Division for approval. The County has not issued an approval letter for
the project. The project must meet the Palm Beach County Traffic Performance
Standards prior to receiving a building permit (see Exhibit "D" - Conditions of
Approval).
b. Drainage- Conceptual drainage information was provided for the City's review. According to
the drainage certification, the subject property has legal positive outfall to the LWDD
E-4 Canal. The City of Boynton Beach Engineering Division is recommending that
the review of specific drainage solutions be deferred until time of Technical Site Plan
submittal.
Driveways: This development will have one (1) point of vehicular ingress / egress to High Ridge Road.
It will have two (2) lanes of ingress and one (1) lane of egress and be divided by a
landscaped median. The landscape median will be approximately 16 feet in width. The
ingress lanes will be a total of 22 feet in width (11 feet for each lane) and the egress lane
will be 12 feet in width. This would be a gated access drive. All entrances would have
adequate pavement markings and appropriate signage for safety purposes.
Parking Facility: The required parking for the residential portion of the project (39 townhouse units) is based
upon the formula of two (2) spaces per each townhouse for a total 78 parking spaces. The
site plan (sheet "SP-1) shows that each townhouse unit will have a one-car garage. The
plan also shows that 29 townhouse units will have driveways that will accommodate one (1)
parked vehicle and 10 driveways that will accommodate two (2) parked vehicles (see Exhibit
"D" - Conditions of Approval). The space provided in front of the enclosed garages
however, will be three (3) feet narrower than the required 12 feet of width required for these
types of spaces. This waiver was approved with the site plan for the Villas at Quantum Lake
/ Quantum Park and Village South and proposed in the Master Site Plan for Quantum Park
and Village North. Staff supports this waiver request in connection with the justification
accepted for similar projects, provided that the area immediately adjacent to this area is
clear of obstruction and flush with the driveway to allow for free and safe movement around
Page 3
Quantum Village at Quantum Park Lot 89B Master Site Plan Staff Report
Memorandum No. PZ 02-192
vehicles. In all, the development will have a total of 91 parking spaces, or an excess of ',
spaces. The dimensions of the standard 90-degree guest parking spaces will be nine (9)
feet in width by 18 feet in length, except for the handicap spaces, which will be 12 feet in
width (with 5 feet of striping) by 18 feet in length.
Landscaping: The landscaping proposed for the site is conceptual. Detailed landscape plans will be
required with the submittal of a Technical Site Plan for each phase (see Exhibit "D" -
Conditions of Approval). The conceptual landscape plan does include a list of plant material
that may be used on site.
According to the landscape plan, the subject lot will have 13 different categories of
landscape material. The landscape material proposed on the subject lot will be the same
material used on the Quantum Park and Village North (SBMP 02-002) project, directly to the
west of High Ridge Road. The 13 categories are as follows: Mahogany tree, Royal palm,
East Lake Palatka Holly, Live Oak, Silver Buttonwood, Royal Poinciana, Pigeon Plum tree,
Japanese Fern tree, Sabal Palm tree, Alexander Palm (triple and double), Carpentaria Palm
(double), and Coconut Palms.
The applicant is requesting two (2) waivers related to the north landscape buffer. The
requests for buffer waivers are summarized in the Recommendation paragraph. Staff is
recommending denial of the waivers. According to Chapter 7.5, Article II, Section 4.P, at
least 50% of the landscape material must be native species. The landscape plan tabular
data must indicate the number of native plants (see Exhibit "D" - Conditions of Approval).
Building and Site: The City Commission adopted Ordinance No. 00-52 amending the Land Developme
Regulations Chapter 2, Section 7, Planned Industrial Developments to allow mixed use
pods in a PID. The ordinance outlines special submission requirements, procedures for
review, and for waivers from standard development regulations. This application is
considered a "Master Site Plan" as defined by the ordinance. A total of four (4) waivers are
requested in conjunction with this submittal. The list of proposed waivers is located on site
plan sheet "SP-I". Justification for all waivers was submitted as required (see Exhibit "C").
All other building and site regulations will be met when staff comments are incorporated into
the permit drawings.
Community Design: The project is proposing 39 units to be dispersed throughout five (5) different buildings. As
proposed, each building will have a mixture of the number of units, although the standard
will consist of two (2) different types of models. According to the residential site plan (sheet
"SP-I"), there are two models (Model "A" and Model "B") and their reverse. The net density
will be 9.76 units per acre. The code requires that there be a 25-foot separation between
the buildings. The applicant is requesting a waiver to reduce the building separation from
25 feet to 20 feet. However, at this time, no buildings are proposed closer than 25 feet from
each other. The configuration and distance of between each building may be subject to
change during Technical Site Plan review process, requiring the buildings to be closer than
25 feet from each other. Staff would support this waiver request should it be necessary
because the intent of the 25-foot building separation requirement was for industrial buildings
in the PID zoning district.
The two (2) story townhouses will be nearly 28 feet in height. According to the residential
elevation (sheet "A-3"), the exterior of the buildings will have a stucco finish and "Spanis'
Tile" roofing. The colors will range from Sherman Williams' white, tan, and go~.
(Restoration Ivy SW #6413, Roycroft Suede SW #2842, Rookwood Antique Gold SW
#2814, and Rockwood Terra Cotta SW #2803). To maximize design compatibility, the
Page 4
Quantum Village at Quantum Park Lot 89B Master Site Plan Staff Report
Memorandum No. PZ 02-192
townhomes of this project should also be enhanced and modified to be consistent with
Building "E" of the Quantum Park and Village North project (see Exhibit "D" - Conditions of
Approval). Sidewalks are provided throughout the development as well as lush landscaping
around the buildings, the recreation facilities (located off-site) and common areas. Staff
understands that the pool and recreation area on Quantum Park Lot 86 is intended to serve
the residents of this community.
Signage: No additional project signage is proposed with this submittal. Signage for this project will be
submitted separately for approval. (see Exhibit "D" - Conditions of Approval).
RECOMMENDATION:
Quantum Park Lot 89B has the DRI Master Plan use classification of Office / Industrial. Staff does not support
converting the land use from (OI) to Mixed Use (MU). Staff's justification for denial of this request is explained in
more detail in the NOPC #13 staff report. Staff also recommends that this site plan request be denied due to
remaining outstanding issues itemized in Exhibit "D" - Conditions of Approval.
Should the NOPC #13 be approved, however, the applicant is requesting four (4) waivers from the Land
Development Code with this Master Site Plan approval. Staff would support approval of all waivers, except for the
waivers related to the buffer width. The buffer waivers that staff objects are listed below:
· Land Development Regulations Chapter 2, Section 7.H.16 - Requesting Waiver of 10 feet to allow a
reduction in the rear yard setback from 30 feet to 20 feet; and
· Land Development Regulations Chapter 2, Section 7.H.17 - Requesting Waiver of 20 feet to allow a
reduction in the peripheral buffer from 25 feet to 5 feet along the northern property line.
Staff recommends denial of this waiver request due to the abutting incompatible land uses. As proposed,
the northern perimeter buffer would be reduced in the areas where the proposed residential townhouses
would directly abut industrially zoned property. The Boynton Beach Distribution Center directly abuts the
subject property to the north. Ed Carey Design, Inc., a manufacturing business, is directly to the west. The
two aforementioned industrial buildings would be too close to the proposed townhouses should the
townhouses encroach into the required buffers. Furthermore, the required rear setback for the industrially
zoned property (M-l) is only 20 feet. The Land Development Regulations do not address situations where
industrial zoned properties abut other industrially zoned properties that contain residential land uses such
as in this case. The townhomes would be 20 feet from the north property line and the extent of their rear
yard would only be 5 feet from the north property line. If Quantum Park Lot 89B is developed for residential
use, it must meet the buffer requirements of the Quantum Park Peripheral Landscape Buffer Plan and the
PIE) buffer requirements in the Land Development Regulations. No waivers for buffer width should be
allowed.
If the Master Site Plan is approved, the Technical Review Committee (TRC) recommends that the deficiencies
identified in Exhibit "D" be corrected on the set of plans submitted for Technical Site Plan approval and building
permit.
',c: Central File
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Location Map
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EXHIBIT "C"
Calvin, Giordano g Associates. Inc.
Engineers Surveyors Planners
July 17, 2002
Mr. Michael Rumpf, Director ....
Planning and Zoning Department ~ ..
City, of Boynton Beach
100 E. Boynton Beach Blvd. - West Wing
Bo.vnton Beach, FL. 33435
RE: REQUEST FOR WAIVERS - QUANTUM VILLAGE AT QUANTUM
PARK (RESIDENTIAL PORTIONS OF LOTS MU 83-88, ALL OF LOT 89B)
Dear Mr. Rumpf:
Pursuant to the City of Boynton Beach Code of Ordinances - Part m - Land Development
Regulations - Chapter 2- Zoning, Section 7- Planned Industrial Development District, and
Chapter 2, Section 11 - Supplemental Regulations, waivers arc hereby requested for
Quantum Village at Quantum Park. The waivers will pertain to lots MU 83 through MU 88,
located north of Gateway Boulevard, west of High Ridge Road, and Office/Indus~al Parcel
89B, located north of Gateway Boulevard, east of High Ridge Road. A Notice of Proposed
Change and Master Plan Amendment have been filed simultaneously with thc City to convert
Parcel 89B from office to mixed use.
BACKGROUND/HISTORICAL PETITION INFORMATION..:
Quantum Park is a Development of Regional Impact approved in 1984. Thc Development
Order granted for the park has been amended since its original adoption. Thc amendment that
allows residential land uses within thc Park is Amendment No. 10 that "simultaneously
increased thc commercial intensities and decreased thc office and industrial intensifies. The
simultaneous increasing and decreasing of the land use intensities resulted in no additional
regional impact most notably by not increasing thc total traffic generated" (Quantum Park
Annual Status Report - March 2002).
Parcels MU 83 through MU 88 have Master Plan approval that will allow development of the
proposed commercial and residential land uses. Thc commercial land uses will face Gateway
Boulevard and thc balance of thc property will be developed as towahomcs. Thc action
required by City Council to accomplish this request is granting of the waivers outlined later in
this letter.
A master plan amendment and Notice of Proposed Change have been submitted for Parcel
89B that need to be approved prior to the granting of waivers to allow thc townhomes
proposed for thc parcel.
Reolv to: WAIVERS ~ SUPPORTING JUSIFICATION,:.
. tsoo E~ze~ Dn,.e Below is a list of the waivers and supporting justification from the City, of Boynton Beach
su,,e ~o Code of Ordi~ces Pmm- Land Development Regulations Chapter 2 - Zoning, Section 7
Fort Lauderdale, Honda 33316
(954) 921-7781 -- Planned Industrial Development District and Sect/on 11 - Supplemental Design Standards,
(954) 9Zlo8807
560 Village Boulevard
Suite 340
West Palm Beach, F~odda 33409
{561) 684-6161
{561) 684-6360 fax
Mr. Michael Rumpf, Director ,- ' '
City. of Boymon Beach i
Page 2
:oo2 EXHIBIT "C"
Part III - Ch. 2, Section 7 - H. Design Criteria: 15. Distance between buildings: Waiver of 5 feet to
allow a reduction in the minimum distance from 25 feet to 20 feet. This waiver applies only to Parcel MU
87.
Justification: This is a residential pod that would typically be subject to thc regulations contained in the
R-3 Multifamily Zoning District, which requires only a twenty-foot minimum building separation. The
twenty five foot building separation required in thc PIDD applies to industrial or commercial buildings
that are allowed by Code a greater Floor Area Ratio and building height that what is contemplated with
this two story town home development. It is also important to note that thc City's code contemplated the
separation would apply to buildings being on thc "same lot or parcel of land" whereas the town homes
will be fee simple ownership. The town house design presented based upon the twenty-foot separalion is
typical for a residential project, and in some jurisdictions, less building separation is actually required.
Part III - Ch. 2, Section 7 H. Design Criteria: 16. District setbacks:
Waiver of 10 feet to allow a reduction in thc rear yard setback from 30 feet to 20 feet. This waiver applies
only to Parcel 89B.
Justification: This waiver will apply to fourteen town homes located along the north property line of
Parcel 89B. Thc reduction in width is located on the rear property line in a remote area of the overall
project. This reduction is therefore the least disruptive to the design of the overall project, which provides
for greater open space and building separation in other areas of thc parcel. Thc adjacent land uses already
exist and screening of the town homes from those adjacent uses has been addressed in thc landscape plan
by the provision ora wall and landscape material.
p ~ .
art III - Ch. 2, Section 7 H. I)e~sigza.C._riteria: 17: Peripher. ai-tn,a~nbelt-
Justification: Lots MU 83, 87 and 88 are adjacent to an area that carries a non-conforming residential
zoning district although the underlying Comprehensive Plan land use designation is Industrial. Thc
purpose of thc 40-foot buffer was to shield thc residential land uses located on thc west property linc of
thc Park from future residential development. Thc anticipated development pattern for thc Park was non-
residential; however, changes made to thc DRI Master Plan now allow 'residential land uses within thc
park reducing the potential for land use conflicts along thc perimeter of thc park that the forty foot buffer
requirement was supposed to address. Although the future land use desi~ation of the parcel adjacent to
MU 83, 87 and 88 is industrial, it is questionable if thc property will actually develop as such based upon
the amount of land area that remains within Quantum Park that is more readily available.
The north property linc of Parcel 89B would normally require a 25 foot buffer. The reduction of the
buffer width reduce~ the potential for other waivers within thc parcel, such as building setbacks or parcel
setbacks. The uses adjacent to the park in this area have already been established and thc town homes can
be adequately screened as depicted on the landscape plan.
,~. Michael Rumpf, Director
Page 3
July 17, 2002
Part III Chapter 2, Section 11 - Supplemental Regulations, H. Provision of off-street parking
spaces - No. 2
Waiver of 3 fcct to allow a reduction in the minimum 12-foot width required for thc fLrst parking space
(applies to MU 83 through MU 88 and Parcel 89B)
Justification: This regulation requires thc first required parking spaces that are not within a garage to be a
minimum of twelve feet in width. It is questionable if this provision should apply. The regulation states
that "for all rcquircd residential district parking spaccs not within an enclosed garage, thc first parking
space shall be a minimum of twelve feet". All of thc town home units have a single car gazag¢. Therefore,
the parking space outside of thc garage is technically thc second space. Notwithstanding this variation, a
waiver is requested that reduces the "first space" to 9 feet in width for units that have a single car
driveway in front of thc garage. Thc three-foot reduction allows for more open space and landscaping in
thc front yard, enhancing the overall appearance of thc community. Thc single car driveway provides
sufficient maneuvering area beCause thc length of thc space is twenty feet, which is two feet longer than
required by code. This allows thc vehicle to be situated fully within thc driveway, and prevents any
overhang of thc vehicle into thc sidewalk. Since these are private driveways, there is not turnover of
vehicles using thc space. It should also be noted that a portion of the units have been designed with a 19
foot wide drive aisle and therefore thc waiver will not pertain to all of thc spaces.
ff you have any questions regarding this request for waivers, please call mc.
Best regards,
C LV , & ssocax zs, n c.
Sam Lo~ AICP
Planning Adminiatx~tor
EXHIBIT "D"
Conditions of Approval
Project name: Quantum Village ~ Quantum Park Lot 89B
File number: SBMP 02-003
Reference: 2nd review plans identified as Subdivision Master Plan with a September 5, 2002 Planning and
Zoning Department date stamp marking.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments: None
PUBLIC WORKS - Traffic
Comments:
1. At the time of permitting, a Permit to Construct within the Public Right- X
of-Way, issued by the Engineering Division of Public Works, will be
required for work on Gateway Boulevard. Permits may also be required
from Palm Beach County and the Quantum Park POA for work on High
Ridge Road and Gateway Boulevard.
2. At the time of technical site plan review, relocate the "transition" (three
to two-lane northbound) on High Ridge Road (adjacent to Lot 89B)
north, so that the three-lane section extends to the north property line of
Lot 89B. This is to prevent turning movement and stacking conflicts for X
traffic entering the east and west residential developments. Show
proposed off-site roadway improvements (signing, striping, curb, curb &
gutter, pavement, etc.) for High Ridge Road and Gateway Boulevard.
3. At the time of technical site plan review, extend the medians on High
Ridge Road and, as necessary, on Gateway Boulevard, in accordance with X
FDOT specifications to l~uide traffic into the [~roposed in~ress lanes.
UTII,ITIES
Comments:
4. At the time of technical site plan review, the LDR, Chapter 3, Article IV, X
Section 3.0 requires master plans to show all utilities on or adjacent to
the tract. The plan must therefore show the point of service for water and
sewer, and the proposed off-site utilities construction needed in order to
service this proiect.
FIRE
Comments:
COA
09/25/02
DEPARTMENTS INCLUDE REJECT
5. Design documents shall demonstrate compliance with LDR Chapter 6, X
Section 16, which provides requirements for hydrants. Hydrants in
commercial applications shall be no more than 300 feet apart and the
remotest part of any structure shall be no more than 200 feet from a
hydrant. Connections shall be to mains no less than six (6) inches in
diameter. In addition to domestic requirements at a residual pressure of
not less than 20 psi, a fire flow of at least 1500 gpm is required.
6. Design documents where underground water mains and hydrants are to be X
provided, must demonstrate that they will be installed, completed, and in
service prior to construction work per the Florida Fire Prevention Code,
(2000) Section 29-2.3.2.
7. Pursuant to City Ordinance 9-3F, the Fire Marshal has developed an X
Administrative Order dated May 9, 2001 that provides the minimum
performance for all security gates and emergency access. (Attached)
8. Emergency access shall be provided at the start of a project and be X
maintained throughout construction per the Florida Fire Prevention
Code, Section 3-5, and NFPA 241, (1996) Safeguarding Construction,
Alteration, and Demolition Operations, Section 5-g.3.
POLICE
Coan~ients: None
ENGINEERING DIVISION
Comments:
9. Provide a list of all easements within the project(s), including legal X
descriptions that will require abandonment for review and approval.
BUII~DING DIVISION
Comments:
10. Identify within the site data the finish floor elevation (lowest floor X
elevation) that is proposed for the/each building. Verify that the proposed
elevation is in compliance with regulations of the code by adding
specifications to the site data that address the following issues [Section
3107.1.2, Chapter 3 ! of the 2001 Florida Building Code]:
a) The design professional-of-record for the project shall add the
following text to the site data. "The proposed finish floor elevation
NGVD is above the highest 100-year base flood elevation
applicable to the building site, as determined by the South Florida
Water Management District's surface water management construction
COA
09/25/02
3
DEPARTMENTS INCLUDE REJECT
development regulations."
b) From the FIRM map, identify in the site data the title of the flood zone
that the building is located within. Where applicable, specify the base
flood elevation. If there is no base flood elevation, indicate that on the
plans.
c) Identify the floor elevation that the design professional has established
for the building within the footprint of the building that is shown on
the drawings titled site plan, floor plan and paving/ drainage (civil
plans).
11. On the drawing titled site plan, identify and label the symbol that X
represents the property line.
12. At time of permit review, submit signed and sealed working drawings of X
the proposed construction.
13. At time of permit review, submit for review an addressing plan for the X
pro,~ect.
PARKS AND RECREATION
Comments:
14. Since this development is classified as a single family attached X
development, the City charges the applicant a Park and Recreation Impact
fee of $771.00 per dwelling unit. The fee for the 39 units would be
$30,069. Payment shall be made prior to the issuance of an applicable
building permit.
FORESTER/ENVIRONMENTALIST
Comments:
15. The applicant should provide a flora and fauna survey of the property. X
16. The applicant should provide a tree survey of the property. X
17. The applicant should provide a tree management plan indicating the trees X
that will be preserved, relocated and removed/replaced on the site. This
information should be indicated on the Landscape Sheet L-1.
PLANNING AND ZONING
Comments:
18. The approval of this master plan is contingent upon approval of the X
COA
09/25/02
4
DEPARTMENTS INCLUDE REJECT
request to change the DRI Master Plan designation to Mixed Use (MU) in
NOPC # 13.
19. The required backup dimension for 90-degree parking spaces is 27 feet. X
The residential portion of the site plan shows that the backup area for the
guest parking will be accomplished via the development's internal
roadway, which is only 22 feet wide. Revise the plan so that the
dimension is 27 feet in order to comply with Engineering Drawing No. B-
90013. The project will require public notices and advertisement of any
new waiver request (if the backup dimension remains at 22 feet in width).
20. Prior to building permit, applicant must submit Technical Site Plans for X
each phase (Chapter 2, Section 7.P.).
21. Submit an Environmental Assessment Study at the time of Technical Site X
Plan review.
22. Approval of this project is contingent upon the granting of a waiver from
the Land Development Regulations Chapter 2, Section l l.H.2. -
Requesting Waiver of 10 feet to allow a reduction in the rear yard setback X
from 30 feet to 20 feet. WAIVER REQUESTED. JUSTIFICATION
PROVDED FOR THIS CODE DEVIATION. STAFF
RECOMMENDS DENIAL OF WAIVER REQUEST.
23. Approval of this project is contingent upon the granting of a waiver from
the Land Development Regulations Chapter 2, Section l l.H.2. -
Requesting Waiver of 20 feet to allow a reduction in the peripheral buffer X
from 25 feet to 5 feet along the northern property line. WAIVER
REQUESTED. JUSTIFICATION PROVIDED FOR THIS CODE
DEVIATION. STAFF RECOMMENDS DENIAL OF WAIVER
REQUEST.
24. Approval of this project is contingent upon the granting of a waiver from X
the Land Development Regulations Chapter 2, Section l l.H.2. -
Requesting Waiver of three (3) feet to allow reduction in the minimum 12
feet width required for the first parking space not within an enclosed
garage. This area should be fr~ from obstruction to allow for free and
safe movement around vehicles. WAIVER REQUESTED.
JUSTIFICATION PROVIDED FOR THIS CODE DEVIATION.
25. The applicant is requesting approval for a waiver from the Land X
Development Regulations Chapter 2, Section 7.H.15 - Requesting
Waiver of five (5) feet to allow a reduction in the minimum distance
between buildings, from 25 feet to 20 feet. WAIVER REQUESTED.
JUSTIFICATION PROVIDED FOR THIS CODE DEVIATION.
COA
09/25/02
5
DEPARTMENTS INCLUDE REJECT
26. On sheet "SP-I" tabular data, indicate that 29 units (rather than 30 units) X
will have l-car driveways and change its corresponding number of
provided parking spaces.
27. Final landscaping will be determined at the time of technical site plan X
approval for each phase.
28. The north and west landscape buffers of the proposed project must be X
consistent with the adopted Quantum Park buffer plan (i.e. tree species,
quantity, planting pattern).
X
29. Provide a letter of approval from the Quantum Park Architectural Review (satisfied)
Committee prior to the Planning & Development Board meeting.
30. On the site plan, indicate the easement location and submit for a replat, if X
required by the Engineering Division.
31. Prior to the issuance of any permits, the Palm Beach Traffic Division X
must approve the traffic study.
32. The residential site plan (sheet SP-1) tabular data should indicate the X
dimensions of the outdoor patio area. This may impact the impervious /
pervious area when the project is eventually built-out. In addition, the
plan should show the outline of each concrete patio. The tabular data on
the site plan should itemize the percentage of impervious area for the
concrete patio at built-out.
33. No signage is shown on the plans. Project signage will require separate X
review and approval of the Planning & Development Board. At this time,
all signage must be consistent with the master sign program for Quantum
Park.
34. No specifications were given for the landscape material. The landscape X
material used must meet the minimum specifications as required in
Chapter 7.5 of the Land Development Regulations.
35. According to Chapter 7.5, Article l/, Section 4.P, at least 50% of the X
landscape material must be native species. The landscape plan tabular
data must indicate the number and percentages of native plants (see
Exhibit "D" - Conditions of Approval).
36. If approved, staff recommends that the residential component be designed
more architecturally compatible with the character of "Building "E" (i.e.
with the addition of towers and more diverse roof articulation, similar X
window style and size variations, the use of awnings, shutters). The open
walls along the side / rear portions of the residential facades should be
enhanced accordingly with (he addition of score lines or other design
COA
09/25/02
§
DEPARTMENTS INCLUDE REJECT
accents.
ADDITIONAL PLANNING & DEV~I,OPMENT BOARD COMMENTS:
Conm~ents:
37. Revise # 2 to read: At the time of technical site plan review, re!ccate X
redesign the "transition" (three to two-lane northbound) on High Ridge
Road (adjacent to Lot 89B) north. This is to prevent taming movement
and stacking conflicts for traffic entering the east and west residential
developments. Show proposed off-site roadway improvements (signing,
striping, curb, curb & gutter, pavement, etc.) for High Ridge Road and
Gateway Boulevard.
38. Revise # 3 to read: At the time of technical site plan review, extend the
medians on High Ridge Road and, as necessary, cn
in accordance with FDOT specifications to guide traffic into the proposed
ingress lanes.
39. Revise # 9 to read: At time of Technical Site Plan Review, provide a list X
of all easements within the project(s), including legal descriptions that
will require abandonment for review and approval.
40. Revise # 16 to read: At the time of Technical Site Plan review, the X
applicant should provide a tree survey of the property.
41. Approval of waiver from the Land Development Regulations Chapter 2, X
Section 11 .H.2. to allow a reduction in the rear yard setback from 30 feet
to 20 feet subject to addition of 6 foot high masonry wall with clustering
of palms along north boundary. (See # 22)
42. Approval of a waiver from the Land Development Regulations Chapter X
2, Section I 1 .H.2. - to allow a reduction in the peripheral buffer from 25
feet to 14 feet along the northern property line. (See # 23)
43. Prior to the issuance of any building permits, the Palm Beach Traffic
Division must approve the traffic study. X
44. Revise # 36 to read: If approved, staff recommends that the residential X
component be designed more architecturally compatible with the
character of "Building "E" (i.e. with the addition of similar window style
and size variations, the use of awnings, shutters). The open walls along
the side / rear portions of the residential facades should be enhanced
accordinl~l¥ with the addition of score lines or other desil~n accents.
ADDITIONAL CITY COMMISSION COMMENTS:
Comments:
COA
09/25/02
7
DEPARTMENTS I iNCLUDEI REJECT1
45. To be determined. I
MWR/elj
S:~lanning~SHARED\WP\PROJECTS\QuantumPark & Village\SBMP 02-003 lot 89\COA. doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Quantum Village at Quantum Park Lot 89B
APPLICANT: Sara Lockhart with Calvin, Giordano & Associates, Inc., agent for Westbrook
Companies, Inc.
APPLICANT'S ADDRESS: 560 Village Boulevard, Suite 340 West Palm Beach, FL 33409
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 1, 2002
TYPE OF RELIEF SOUGHT: Master Site Plan approval
LOCATION OF PROPERTY: Quantum Park DRI Lot 89B
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, FIodda
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings
and recommendation of the Planning and Development Board, which Board found as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Flodda on the date of hearing stated above. The City Commission having considered the relief
sought by the applicant and heard testimony from the applicant, members of city administrative staff and
the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with the
requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set forth
on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
__ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms and
conditions of this order.
7. Other
DATED: City Clerk
S:\Planning\SHARED\WP\PROJECTS\Quanturn Park & Village\SBMP 02-003 lot 89\DO.doc
VII.-CONSENT AGENDA
ITEM D.2.
CITY OF BOYNTON BEACI:
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's O£fice Meeting Dates in to City Clerk's Office
[] August 6, 2002 July 17, 2002 (5:00 p.m.) [] October l, 2002 September 16, 2002 (Noon)
[] August 20, 2002 August 5, 2002 (Noon) [] October 15, 2002 September 30, 2002 (Noon)
[] September 3, 2002 August 19, 2002 (Noon) [] November 6, 2002 October 14, 2002 (Noon)
[] September 17, 2002 September 3, 2002 (8:00 a.m.) [] November 19, 2002 November 5, 2002 (Noon)
[] Administrative [] Development Plans
NATURE OF [] Consent Agenda [] New Business
AGENDA ITEM [] Public Hearing [] Legal
[] Bids [] Unfinished Business
[] Announcement [] Presentation
[] City Manager's Report
RECOMMENDATION: Please place this request on the October 15, 2002 City Commission Agenda under
Consent Agenda. The City Commission tabled this request to the October 15, 2002 meeting, to allow stafftime to estimate
road improvement costs and prepare a recommendation for payment of same. For further information pertaining to the
request, see attached Department of Development Memorandum No. PZ 02-180.
EXPLANATION:
PROJECT: NEW ALLIANCE HAITIAN CHURCH (NWSP 01-008)
AGENT: Alfi'ed Daise
OWNER: New Alliance Haitian Church
LOCATION: Hoadley Road (east side, south end)
DESCRIPTION: Request for site plan approval for a one-story (240 seat) church on a 1.9-acre parcel.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
Develop~t~Sel~art~ent l~trector ' ~' ~ l~Ianager's Signature
planmng and Zottdn~ Director City Attorney / Finance / Human Resources
S:XPlanningXSHARED\WPXPROJECTS\New Alliance Haitian Church~genda Item Request New Alliance Haitian Church NWSP 01-008 10-15-02.dot
S:~BULLETINLFORMSL,kGENDA ITEM' REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
MEMORANDUM NO. PZ 02-180
SITE PLAN REVIEW STAFF REPORT
PLANNING & DEVELOPMENT BOARD AND CITY COMMISSION
September 11,2002
DESCRIPTION OF PROJECT
Project Name/No.: New Haitian Alliance Church / NWSP 01-008
Property Owner: New Alliance Haitian Church
Applicant: Alfred Daise with Daise Management Corporation
Location: East side of Hoadley Road, approximately 850 feet south of Old Boynton Road
Land Use: Low Density Residential (LDR)
Zoning: Single-family Residential (R1AA)
Project size: Site Area: 82,871 square feet (1.9 acres)
Pervious Area: 47,502
Lot Coverage Area: 5,146 square feet (6.21%)
Number of seats: 240 seats
Adjacent Uses: (see Exhibit "A" - Location Map)
North: Developed single-family homes with a Low Density Residential (LDR) land use classificatio~
and zoned Single-Family Residential (R-1AA);
South: Canal right-of-way, father south is commercial development with a Local Retail Commercial
(LRC) land use classification and zoned Community Commercial (C-3);
East: Canal right-of-way, farther east is developed single-family homes with a Low Density
Residential (LDR) land use classification and zoned Single-Family Residential (R-1AA);
West: Hoadley Road right-of-way, farther west is a developed commercial plaza (Winn-Dixie) with
a Local Retail Commercial (LRC) land use classification and zoned Community Commercial
(C-3). ,
Proposal: Alfred Daise with Daise Management Corporation proposes to construct a one-story 5,146
square foot church with 240 seats on a 1.9-acre parcel. All site development will occur in
one phase. A church (place of worship) is a permitted use in the R-1AA zoning district.
Site Characteristics: The subject parcel is comprised of two (2) square-shaped lots located on the east side of
Hoadley Road near the terminus of the right-of-way. The vacant lots are undeveloped,
relatively flat in contour, and vegetated by field grasses. The site contains a scrub oak,
several Cabbage palms, and a Strangler Fig. Several unidentified trees are located along
and outside the west property line. The parcel is nestled in an area dominated by single-
family homes. According to the survey, the asphalt of the right-of-way stops short of the
subject property. The developer will be required to extend the asphalt of the Hoadley Road
right-of-way. The existing width of the Hoadley Road right-of-way is 30 feet. By today'.'
standards, this type of roadway (classification - local road) requires the right-of-way to be 50
feet in width. The actual pavement of Hoadley Road from Old Boynton Road to the subject
property varies in width but is approximately 18 feet wide as it approaches the subject
Page 2
New Alliance Haitian Church Site Plan Review Staff Report
Memorandum No. PZ 02-180
property. Therefore, approval of this project is contingent upon the granting of a variance to
reduce the required width of the right-of-way from 50 feet to 30 feet in conjunction with the
request for a sidewalk waiver (see Exhibit "C" - Conditions of Approval). If the sidewalk
waiver were approved, it would eliminate three (3) conditions of approval (Conditions #3
through #6).
Concurrency:
a. Traffic - A traffic impact statement for this project was submitted and sent to the Palm Beach
County Traffic Division for their review and approval. The Palm Beach County Traffic
Division determined that the project would generate less than 200 new daily trips,
and therefore, meets the Traffic Performance Standards of Palm Beach County.
b. Drainage- Conceptual drainage information was provided for the City's review. The City's
concurrency ordinance requires drainage certification at time of site plan approval.
The Engineering Division is recommending that the review of specific drainage
solutions be deferred until time of permit review, when more complete engineering
documents are required.
Driveways: The subject property fronts on Hoadley Road. Two (2) points of ingress / egress are
proposed on Hoadley Road. Each point of ingress / egress will be 23 feet in width and
separated approximately 180 feet from each other. The location of the entrances was
determined to be in the optimal locations to allow for emergency and / or service vehicle
ingress / egress. Both entrances will have adequate pavement markings and appropriate
signage for safety purposes.
Parking Facility: Parking required for a place of worship is based on either one (1) parking space per 100
square feet of gross floor area or one (1) space per four (4) seats in the auditorium,
whichever is more stringent. The more restrictive parking methodology will be based upon
the total number of seats. A total of 63 parking spaces will be required for the project
(includes office area). The proposed site plan provides a total of 63 parking spaces. The
parking lot would surround the north and west sides of the building. Of the 63 parking
spaces, three (3) spaces are designated for handicap use. All handicap spaces would be
situated in close proximity to the building entrances in order to satisfy American with
Disabilities Act (ADA) requirements. All new standard parking spaces will be angled 90
degrees. The dimensions of the standard parking spaces will be nine (9) feet in width by 18
feet in length, except for the handicap spaces, which will be 12 feet in width (with 5 feet of
striping) by 18 feet in length. According to the site plan, the backup distance for the parking
spaces and drive aisles will be 27 feet in width as required by code.
Landscaping: The proposed pervious or "green" area of the lot will be 4.7,502 square feet or 57.326% of
the total site. Much of the pervious area along Hoadley Road and to the south of the
building will be used for water retention purposes.
The west landscape buffer (adjacent to Hoadley Road) will be approximately 40 feet in
width. The landscape plan proposes five (5) Live Oak trees and three (3) clusters of Sabal
Palm trees. In addition, two (2) Yellow Elder trees (signature tree) will be located on both
sides of the project's entrances. A row of Viburnum and Blue Plumbago shrubs with
clusters of Schefflera arboricola will be planted within this west landscape buffer.
The southern landscape buffer will basically contain 40 Slash Pine trees. No vehicular use
areas are proposed along the southern perimeter, which abuts a canal and commercial
Page 3
New Alliance Haitian Church Site Plan Review Staff Report
Memorandum No. PZ 02-180
property. However, four (4) Live Oak trees and a row of Redtip Cocoplum hedges ar~
proposed along the east side of the parking lot and drive aisle (in the southern portion of the
site). Staff recommends extending the Redtip Cocoplum hedges northward to the church's
main east-west walkway to provide more vegetation in front of the church (see Exhibit "C" -
Conditions of Approval).
The landscaping around the building will consist of a cluster of three (3) Viburnum hedges,
two (2) Pygmy Date palms, two (2) Hibiscus trees, two (2) Crape Myrtle trees, and a row of
Redtip Cocoplum Hedges.
The north and east landscape buffers will be 20 feet in width. The north buffer will contain a
landscape berm with a row of Viburnum hedge and Areca palm trees. In addition, six (6)
Mahogany trees will line the northern landscape buffer. This plant material will serve as a
significant buffer between the subject property and the single-family home to the north. The
east buffer will have a row of Simpson Stopper hedge and six (6) Sweet Mahogany trees
(see Exhibit "C" - Conditions of Approval). According to the landscape plan, all trees will be
installed at least 15 feet from all outdoor freestanding lighting fixtures.
Building / Site: Building and site regulations will be fully met when staff comments are incorporated into the
permit drawings. The proposed one-stow church building will have an overall height of 23
feet - four (4) inches. The maximum allowed height in the R-1AA zoning district is 30 feet.
The building will be 59 feet - six (6) inches in length and 94 feet - four (4) inches in depth.
Community Design: As proposed, the exterior surface will be stuccoed and painted white (Sherwin Williams -
SW#2123). The roof will be made of asphalt shingles (Gaf Timberline), which appear to bE
tan in color. The two (2) inch by eight (8) inch facia board will also be painted tan to match
the roof. All window and door frames will be painted white (Sherwin Williams - SW#2123)
to match the wall colors. Staff recommends incorporating more architectural enhancements
(such as score lines) into the design to enhance the overall appearance of the building (see
Exhibit "C" - Conditions of Approval).
Signage: No wall or monument sign is proposed. All future signage will require additional review and
approval by the Planning & Development Board.
RECOMMENDATION:
Staff recommends that this site plan request be approved subject to the comments included in Exhibit "C" -
Conditions of Approval. Approval of this project will also be contingent upon the granting of a variance for a
reduction in width for the road right-of-way in conjunction with the request for a sidewalk waiver. The Technical
Review Committee (TRC) recommends that the deficiencies identified in this exhibit be corrected on the set of
plans submitted for building permit.
xc: Central File
S:\Planning\SHARED\WP~PROJECTS\HoadIey Road Church\Staff Report.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: New Haitian Alliance Church
APPLICANT: Alfred Daise with Daise Management Corporation
APPLICANT'S ADDRESS: P.O. Box 1185, Loxahatchee, FL 33470
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 1, 2002
TYPE OF RELIEF SOUGHT: New Site Plan for a church facility
LOCATION OF PROPERTY: East side of Hoadley Road, approximately 850 feet south of Old Boynton
Road
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Flodda
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings
and recommendation of the Planning and Development 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 headng stated above. The City Commission having considered the relief
sought by the applicant and heard testimony from the applicant, members of city administrative staff and
the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with the
requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set forth
on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
... GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms and
conditions of this order.
7. Other
DATED:
City Clerk
S:\Planning\SHARED\WP\PROJECTS\Hoadley Road Church\DO.doc
Location Map
HOADLEY ROAD CHURCH
'TF~
~ ' ' .... E-4 CANAL
EXHIBIT "B"
~' ;1 " ARCHIT.=CT
~,ot" . ........... DON SENATOR.=
EXHIB .T "B"
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EXHIBIT "B".
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.....................
EXHIBIT "B"
~-~ ,~ .............. DON SENATORE
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EXHIB T "B"
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ARCHITECT
EXHIBIT "B"
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EXHIBIT "B"
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:~'. ~:i :"! '!'' ;~ "; ''{ :'":
· ,-' ., -4 ~ ~ ~:~- -
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EXHIB T "B"
:~.~ SITE PHTOMETRIC PLAN
~A4..,~ l' = .?.o'-o'
EXHIBIT "B"
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EXHIRIT "B"
EXHIBIT "C"
Conditions of Approval
Project name: Hoadley Road Church
File number: NWSP 014)08
Reference: 3rd review plans identified as NWSP 01-008 with an Auzust 27, 2001 Planning and Zoning
Department date stamp marking.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments: None X
PUBLIC WORKS - Traffic
Comments: None X
UTILITIES
Conm~ents: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments:
1. Show all existing utilities and connections on Site Characteristics Map X
(Survey) and Site Development plan (LDR, Chapter 4, Section A.3).
2. Indicate method and location of trash storage and pickup. If a dumpster is X
to be used indicate location and provide detail for dumpster enclosure
area (LDR, Chapter 7.5, Article II, Section 5.J., Chapter 9, Section
10.C.3, and City of Boynton Beach Standard Drawing A-88007). If roll-
out carts are to be utilized provide confirmation from City of Boynton
Beach Public Works that this will be satisfactory,. Garbage cans are not
allowed in plain view. Promde screened enclosure or store cans behind
the building.
3. Sidewalks on abutting streets are not identified. Side~valks shall be tour X
(4) feet wide along local streets, and five (5) feet ~vide along streets of
higher classification (LDR, Chapter 6, Article W. Section 10.T, and
Chapter 22, Article I, Section 5). The City Engineer will review the
request for a sidewalk waiver.
COA
09/25/02
2
DEPARTMENTS INCLUDE [ REJECT
I
4. Sidewalks adjacent to parking lots shall be continuous through all X
driveways and shall be 6 in. thick within driveways (LDR, Chapter 23,
Article II, Section P). Indicate concrete strength required and
specification(s)/standards to which sidewalk is to be constructed.
5. Ensure that sidewalks are handicap accessible at driveway intersections X
(LDR, Chapter 23, Article I, Section 1.B.5 and FL Accessibility Code
4.6.3).
6. Provide a signed and sealed survey, not older than six (6) months in X
conformance with the LDR, Chapter 23, Article I, Section 5.B.2.Surveyor
shall dimension the remaining portion of a lot(s) when part of a lot is not
included within the description. The adjoining property to the north shall
read "West 250 feet of Tract 59", not the "East 250 feet as shown" (for
consistency with Legal Description.) Show the north right-of-way of
CanalL-24 in relation to the south property line.
7. On Sheet C-2 show flow arrows for surface drainage. X
8. The road right-of-way fronting the proposed Hoadley Road church lot(s) X
is currently only platted to be 30 feet wide. An additional 20 feet of road
right-of-way will be required to be deeded to the City of Boynton Beach
as part of this plan. Roadway widths and surfacing sections shall be in
accordance with all applicable sections of the Land Development
Regulations (LDR, Chapter 6, Article IV, Section 10.B-D). Prior to the
issuance of any building permit, signed and sealed plans shall be
submitted and approved for the construction of Hoadley Road to its
termination point per City Standard B-91005. A permit will be required
for construction within the public right-of-way. The City Engineer will
review the request for a variance from the 50 feet road right-of-way
requirement.
9. Existing trees on the west side of the property may require removal based X
on caliper size for clear zone purposes.
10. The import of any fill will require both a tree survey and an X
excavation/fill permit.
BUILDING DIVISION
Comments:
i1. Identify within the site data the finish floor elevation (lowest floor X
elevation) that is ?'oposed for the building. Verify that the proposed
elevation is in compliance with regulations of the code by adding
specifications to the site data that address the following issues [Section
COA
09/25/02
DEPARTMENTS INCLUDE REJECT
3107.1.2, Chapter 31 of the Boynton Beach amendments to the 1997
edition of the Standard Building Code] :The design professional-of-record
for the project shall add the following text to the site data. "The proposed
finish floor elevation NGVD is above the highest 100-year base
flood elevation applicable to the building site, as determined by the South
Florida Water Management District's surface water management
construction development regulations."From the FIRM map, identify in
the site data the title of the flood zone that the building is located within.
Where applicable, specify the base flood elevation. If there is no base
flood elevation, indicate that on the plans. Identify the floor elevation that
the design professional has established for the building within the
footprint of the building that is shown on the drawings titled site plan,
floor plan and paving/drainage (civil plans).
12. At time of permit review, provide a completed and executed City unity of X
title form. The form shall describe all lots, parcels or tracts combined as
one lot. A copy of the recorded deed ~vith legal descriptions of each
property that is being unified is required to be submitted to process the
form. The property owner that is identified on each deed shall match.
13. At time of permit review, submit signed and sealed working drawings of X
the proposed construction.
14. At time of permit review, submit for review an addressing plan for the X
project.
PARKS AND RECREATION
Comments: None X
FORE STER/ENVIRONMENT.~LIST
Comments: ,
15. The applicant should indicate on the landscape plans the specific, existing X
desirable trees that will be preserved, relocated on site, or removed and
replaced on the site.
PLANNING AND ZONING
Comments:
16. Approval of this project is contingent upon the granting of a variance for X
the reduction in width of the Hoadley Road right-of-way.
17. Approval of this project is contingent upon the review and approval of a X
request for sidewalk waiver. The City Engineer will determine the
appropriateness of this request.
COA
09/25/02
4
DEPARTMENTS INCLUDE REJECT
18. The landscape plan must show all proposed parking spaces. The X
configuration of the parking lot and the total number of parking spaces
must match between all plans.
19. All hedge material shall be installed at least 24 inches in height, 24 inches X
in spread, with tip to tip spacing (Simpson's Stopper and Redtip
Cocoplum).
20. At the southern portion of the site, just east of the parking lot, the X
landscape plan proposes four (4) Live Oak trees and a row of Redtip
Cocoplum hedges. Staff recommends extending this row of Redtip
Cocoplum hedges northward to the church's main east-west walkway.
21. All above ground mechanical equipment such as exterior utility boxes, X
meters, transformers, and back-flow preventers shall be visually screened
with appropriate landscaping / hedge material (Chapter 9, Section
10.C.4.).
22. Staff recommends duplicating the "Rose Window" (proposed on the west X
elevation) and incorporating it into the design of the east elevation. Staff
recommends that all windows be made of dark glass since the building
will be light in color. Staff also recommends including two (2) long and
narrow windows into the design of the east elevation as well.
23. Staff recommends planting more foundation landscaping and tall growing X
palm trees on the east side of the building to enhance the visual
appearance of the buildinl~.
ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS:
Comments:
24. City shall upgrade southern portion of Hoadley Road which appears X '
substandard relative to the northern portion of the road, and provide mrn-
a-round and other deficient infrastructure.
ADDITIONAL CITY COMMISSION COMMENTS:
Comments:
25. To be determined.
MWR/elj
VTT.-CONSENT AGENDA
ITEM D.2.
PUBLIC WORKS DEPARTMENT
MEMORANDUM ~g)2-0149
TO: Kurt Bressner, City Manager
FROM: Jeffrey R. Livergood, Public Works Director
SUB J: New Haitian Alliance Church
DATE: October 10, 2002
At it's meeting on October 1, 2002, the City Commission reviewed plans for a proposed church
on the southerly end of Hoadley Road, south of old Boynton road, in the City of Boynton Beach.
The New Haitian Alliance Church group has proposed the placement of 5,146 sq ft church on a
vacant parcel of property that is slightly greater than 1 acre in size. Church representatives have
proceeded through the staffbased technical review committee process as well as the Planning and
Development Board. The matter has now come before the City Commission. On October 1, the
Commission tabled action on the new Haitian Alliance Church in deference to a comment by the
Planning & Development Board that the City should be responsible for roadwork improvements
on Hoadley Road south of Velaire.
City staff has been consistent through the entire review process and has required that the church
developer be responsible for all__public infi-asla-ucture improvements that are necessary to support
the proposed land use on the south end of Hoadley Road. As part of the review process, staff
found that it was necessary for the church developer to provide a water main from Old Boynton
Road to the southerly terminus of Hoadley Road in order to provide water to the church property.
Furthermore staff found that the existing pavement width to be deficient on Hoadley Road south
of Velaire to the southerly terminus of Hoadley Road where the church property begins. As a
result of substandard road width, staff also recommended that the church developer be required to
improve Hoadley Road south of Velaire such that the minimum width of the pavement be 22 ft.
wide.
Staffbelieves that it is appropriate to provide you and the City Commission with background
justification regarding staff' s recommendations. As part of the plan review process staff reviewed
a traffic impact analysis conducted by Kimley-Horn & Associates, Inc. dated November 29,
2001. This report provided by Kimley-Horn evaluates traffic impact according to the Palm Beach
County traffic performance standards ordinance. Therefore Kimley-Horn has evaluated traffic
impact on the ~ roadway network and finds that the impact of traffic volume generated by
the proposed church will be of minimal consequence on Old Boynton Road. Therefore it is the
opinion of Kimmel-Horn that the new Haitian Alliance Church meets the conditions of Palm
Beach County's traffic performance standards and that there are no off site road way
improvements required. Kimley-Horn bases this analysis on the weekday traffic analysis only.
Staff, however, is concerned that churches generally generate a higher traffic volume on Sundays
when church is in session. Therefore, the Public Works staff has applied Sunday trip generation
rates and finds that for a church based upon 5,146 gross sq f~ of floor area that there would be 162
traffic trips generated per a day on a Sunday. The peak hour traffic on a Sunday according to Trip
Generation Rates published by The Institute of Transportation Engineers is approximately 70
trips during the peak hour. For reference staff has utilized the fourth generation of the Institute of
Transportation Engineers Trip Generation Manual.
As noted, staff is concerned that the church will generate 162 trips per day on a Sunday. This
contrasts with Kimley-Horn's analysis that suggests that there would be 48 additional traffic trips
on a weekday. Because staff notes that there would be 162 additional trips on a Sunday, staff is
concerned that the existing pavement structure on Hoadley Road is of insufficient width in order
to accommodate the additional traffic volume upon this roadway segment. Therefore,
Development staff's recommendation to support the proposed land use (Church) on Hoadley
Road is contingent upon the church developer improving the Hoadley Road pavement within the
existing 30 ft right of way.
The most pronounced impediment to roadway improvements on Hoadley Road way is the fact
that there is only 30 feet of right a way dedicated to public roadway purposes. As one might
imagine, it is very difficult to place a 22 ft wide road way surface within a 30 f~ wide space and
still accommodate roadway, drainage, and landscape elements. Therefore staff finds that it would
be necessary to remove a significant amount of landscaping within the Hoadley right a way in
order to accommodate the road way widening to support the additional traffic. Staff believes that
in order to accommodate the road way improvements as well as the placement of the water main
on the west side of the Hoadley Road right of way it would be necessary to remove all trees in the
westerly right of way. Staff also believes that it would be necessary to remove the sea grapes that
serve as a visual landscape barrier to the masonry wall that exist between the Hoadley Road right
of way and the commercial development to the west. Even if the roadway improvements were
not constructed and only a water main was placed in the western portion of the right of way, the
normal construction techniques and excavation for the water main would, in all likelihood, kill
the sea grapes anyway. Thus staff believes it important to note to you, the Commission, and the
public that the placement of the water main and the subsequent road way widening will have a
significant visual impact upon the neighborhood. Staff is not pleased with this. However, the
realty is that we are dealing with a mere 30 feet of right of way in order to construct a 22 ft wide
paved surface and place a public water main. It would be possible to shift the roadway area to the
east. However, this would require the church to acquire property from owners along the east side
of Hoadley Road. This may not be a viable solution.
At the Planning & Development Board meeting and the last City Commission meeting, there was
discussion relative to who bears the responsibility for paying for public improvements necessary
to support the New Haitian Alliance Church. The City of Boynton Beach, as is common in other
cities throughout the country, has always required developers to fund and place necessary
improvements to support their private developments rather then rely on public tax dollars.
Essentially that's how are cities are built. It is rare that cities will fund public infrastructure needs
unless there are defined economic incentives attached. However, in this scenario there are a
number of public infrastructure elements that could be considered as deficient even without the
construction of the new Haitian Alliance Church. For example, neighbors have made it very clear
to city staff that there is a defined storm water drainage problem in the general Venetian Isles
area. Staff acknowledges that widening the pavement on Hoadley Road will add to the storm
water deficiency however not to the degree that the church developer should be required to fund
and construct storm water improvements on Hoadley Road. Staff believes that the storm water
improvements should be designed, constructed, and financed by the City of Boynton Beach.
However it is unlikely that these improvements will be in place prior to the construction of the
church and the necessary roadway improvements on Hoadley Road. Therefore staff recommends
that the city endeavor to construct these storm water improvements in the Venetian Isles area and
on Hoadley Road as soon as practical.
With respect to the roadway, staff continues to believe that it is the responsibility of the developer
to provide the necessary improvements to accommodate the additional traffic volume generated
by the church. Staffhas opined that there would be an additional 162 traffic trips generated per a
day on a Sunday along this portion of the roadway that corresponds with the church traffic. This
compares to approximately 30 vehicles per a day at most that currently exist on Hoadley Road
south of Velaire. However, because the city should provide future storm drainage improvements,
staff does not believe that the church developer should be required to fund 100% of the roadway
improvements. Rather staff believes that it should be the developer's responsibility to provide
asphalt widening as part of the water main construction. As part of furore storm drainage
improvements, the city should be required to completely resurface and renovate Hoadley Road.
Therefore staff believes that a shared approach to cost expense for improvements required to
support the church is desirable.
Staff recommends the following actions:
I. The church developer should be required to fund and construct the following
improvements:
A. Water main from Old Boynton Road to the southerly terminus of Hoadley Road.
B. Road widening on the west side of pavement to accommodate a 22ft pavement
width from Velaire to the southerly terminus of Hoadley Road where the
development begins.
C. All infrastructure in the public right of way adjacent to the church property this
includes pavement, water main, etc.
D. All tree removals and landscape removal on the western side of the Hoadley
Road pavement in order to accommodate the road widening and water main
construction.
E. All other public improvements as required by staff and noted on the plans shall
be constructed and the cost of same borne by the Church developer.
2. Staff believes that it is city responsibility to endeavor to quickly construct storm
water drainage improvements in the Venetian Isles area, particularly along Hoadley
Road. Staff furthermore believes that it is the city's responsibility to place the final
asphalt surface course on Hoadley Road south of Velaire to the church property
rather than having the church place this asphalt surface course at this time.
For reference, staff has suggested that it be the church's responsibility to fund and construct the
pavement and widening from Velaire south to the subject parcel. Staff estimates that the cost of
this pavement widening is approximately $5,700, assuming that the water main is placed in the
western portion of the right of way and is back filled with aggregate fill suitable for pavement
base.
If I can provide you with additional information please feel contact me.
Xc: Quintus Green, Director of Development
Petioner
JL/dc
VII.-CONSENT AGENDA
O ITEM E.1
CITY OF BOYNTON BEA(
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
[] August 6, 2002 July 17, 2002 (5:00 p.m.) [] October 1, 2002 September 16, 2002 (Noon)
[] August 20, 2002 August 5, 2002 (Noon) [] October 15, 2002 September 30, 2002 (Noon)
[] September 3, 2002 August 19, 2002 (Noon) [] November 6, 2002 October 14, 2002 (Noon)
[] September 17, 2002 September 3, 2002 (8:00 a.m.) [] November 19, 2002 November 5, 2002 (Noon)
[] Administrative [] Development Plans
NATURE OF [] Consent Agenda [] New Business
AGENDA ITEM [] Public Hearing [] Legal
[] Bids [] Unfinished Business
[] Announcement [] Presentation ~
[] City Manager's Report
RECOMMENDATION: Please place this request on the October 15, 2002 City Commission Agenda u ~_n~.~r
Consent Agenda. The Community Redevelopment Agency Board with a unanimous vote, recommended that the stLbject
request be approved, subject to changes in staff conditions and additional conditions regarding additional guest pa~ng,~i
garage openings, dumpster enclosure details, building layout, lighting fixture types, wall type (C.B.S. only), and arctxitectu~i:]
enhancements to be reviewed again by the CRA including facade enhancements, color changes, and cabana details.
further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-136.
EXPLANATION:
PROJECT: THE HARBORS (NWSP 02-012)
AGENT: Jennifer Morton of Land Design South
OWNER: Schgal, Inc.
LOCATION: 2300 North Federal Highway
DESCRIPTION: Request to construct 51 fee-simple townhouse units on 3.21 acres.
This request for site plan approval will be contingent upon the approval of the concurrent
land use amendment/rezoning application (LUAR 02-005).
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A ~
ALTERNATIVES:?~. -'~ N/A
Develb"6me~t Department DirectoXr City Manager's Signature
Planning and Zo--ning Dt~ct~r City Attorney / Finance / Human Resources
S:XPIanningXSHARED\WP~PROJECTS\The Harbors'aNWSP 02-012XAgenda Item Request The Harbors NWSP 10-15-02.dot
S:\BULLETINXFORMSXAGENDA ITEM REQUEST FORM.DOC
DEPARTMENT OF DEVELOPMENT
MEMORANDUM NO. PZ 02-207
TO: Chairman and Members
Community Redevelopment Agency Board
THROUGH: Michael Rumpf
Planning and Zoning Director
FROM: Lusia Galav, AICP
Principal Planner
DATE: October 1, 2002
SUBJECT: The Harbors - NWSP 02-012
Addendum to Staff Report
ADDENDUM
This report is the addendum to the Department of Development Memorandum No. P7
02-136 to the Community Redevelopment Agency dated August 16, 2002. Refer to the
previous staff report for all previous information such as site characteristics, concurrency
status, driveways, and other site plan matters. Updated information regarding plan
revisions is provided in the paragraphs below.
At the September 10, 2002 CRA meeting the Board tabled The Harbors site plan to
allow additional time for plan modifications. Subsequent to the CRA meeting, the
applicant resubmitted plans with changes that partially satisfied staff conditions. The
Technical Review Committee conducted a third review.
The previous staff report remains unaltered and applicable to this project as noted
above. The Conditions of Approval have been modified to reflect satisfied comments but
still reports on the plan's deficiencies. The original staff report has not been modified.
All correspondence referenced are included with this addendum as attachments. In
addition, the revised site plan (3rd review) dated September 24, 2002 is included with this
packet.
DESIGN ANALYSIS & CRITIQUE:
When originally submitted, the overall proposed density was 16.82 dwelling units per
acre. With the most recent revisions, the overall density has been reduced to 15.89
units per acre. The site plan has a total number of 51 dwelling units. The plans
currently show 12 buildings (one less 4-unit building). The building proposed nearest to
the Intracoastal Waterway, however, has been converted from a four (4) unit building to
a five (5) unit building.
Again, staff is in favor of converting the existing commercial use to a residential use and
allowing an increase in the overall allowable density. However, staff comments are not
related to project density but rather to project design. Despite reducing the overall
allowable density, the specific issues (i.e. building configuration, separation distance,
drive aisles, and the allocation of guest and overflow parking) have still not been
adequately addressed to attain the premium quality expected in the IPUD, and to
optimally utilize site attributes such as the adjacent park (planned) and the Intracoastal
Waterway.
At the CRA meeting, staff questioned the accuracy of the proposed pervious area
(45.2%). At the time, the plans showed a 25-foot building separation. It was later
discovered that the amount of pervious area indicated in the tabular data was
inaccurate. Subsequently, the plans have been revised to show one less building. The
deletion of a four (4) unit building allows for the courtyard areas to be wider. The plans
have now been revised to show a 32-foot building separation, or an increase of 8 feet
from the previous submittal. The proposed pervious area (which staff presumes is
correct) is still only 29% of the site. Although the entire site would be upgraded from its
current condition, the proposed design indicates significant pavement levels for a
residential development. The revised landscape plan shows no substantial increase in
landscape material within the courtyard area despite the increase in building separation.
Staff still recommends increasing the width of the courtyard areas to further separate the
three (3)-story structures, thereby increasing potential views to the park and waterway,
and to increase the number of trees, shrubs, and on-site amenities.
This proposed building layout also limits access to the recreation area. In the last report,
staff recommended that the recreational area should have a decorative entranceway that
welcomes all residents to the pool area. Building 12 is now proposed to have five (5)
units, which will reduce the width of the entranceway to only a four (4) foot wide path.
This will further isolate the rest of the community from the recreation area. This
recreational area is the only community amenity on-site and has not been enlarged
despite the elimination of a building; no benches, shade trees, or other pedestrian
amenities are proposed.
As indicated in the original staff report, the proposed design fails to fully capitalize on the
site's proximity to the invaluable amenity represented by the adjacent public park. The
future Intracoastal Park will provide the subject property with added open space and
attractive vistas. Consequently, more units could sell at premium rates. An observed
deficiency in the plan is that only a handful of units will have direct visual access to both
the Intracoastal Waterway and the Intracoastal Park, and only the end units will have
views of the Intracoastal Park. Therefore, staff recommends configuring and angling the
buildings to increase their relationship with these amenities. The intent of this
recommendation is to not limit the number of allowable units but rather to endorse a
design that takes full advantage of the two aforementioned amenities. Furthermore, staff
would also recommend revising the front building design (second floor or third floor) to
incorporate a porch or "sitting" area on building sides that face the Intracoastal Park.
The plans show that "bump-outs" have been provided on the sides of the four (4) unit
buildings but no additional porches or outside "usuable" space have been incorporated
into the design.
It is also staff's opinion that the proposed development lacks overflow and / or visitor
parking. Based on the standard parking formula, the development requires two (2)
parking spaces per unit. Each unit will have a two (2)-car garage. The recreation area
will require five (5) parking spaces, leaving only seven (7) extra parking spaces for
guests. The plan provides one (1) guest parking space for every 7 townhouses.
Furthermore, although not required, the provision for a handicap space has been
eliminated from the drawings.
Staff recommends that the driveway behind each unit should be long enough to
accommodate a parked vehicle without compromising the function of the 18-foot wide
back-up area. The 18-foot wide back-up area in conjunction with the space between the
garage door and the asphalt is wide enough for a vehicle to back up and exit. This
increase in space is better for maneuverability but not wide enough should a vehicle be
parked in front of the garage door if all guest parking spaces are used. Staff wants to
eliminate the likelihood of residents and / or guests parking their vehicles within the main
access drive or at the exterior of the garages.
In conclusion, the proposed site plan does not meet the intent of the Comprehensive
Plan regarding the Special High Density Residential land use designation. As previously
stated, the subject property would be eligible for 10.8 units / acre or 34 total units if
converted to a residential use under the existing commercial zoning. The plan proposes
51 total units or 17 additional units over the current maximum allowable number of units.
Again, the plan and its configuration of the townhouses buildings appear to only satisfy a
density objective while forfeiting optimal design objectives. The City supports an
increase in the maximum allowable number of units but not with a plan that is less than
exemplary.
RECOMMENDATION:
Staff recommends that the request for site plan approval be approved, subject to
adequately addressing all issues presented herein which are itemized within the staff
comments and included in Exhibit "C" - Conditions of Approval. This reverse in the staff
recommendation is based on the new position and belief that it is feasible for the
conditions of approval to be met, thereby creating a desirable and beneficial project
warranted by this valuable location at the City's waterfront and along an entrance into
the downtown.
xc: Central File
S:\Planning\SHARED\WPXPROJECTS\The Harbors~qWSP 02-012\Staff Report AD. 9-30-02.doc
DEVELOPMENT DEPARTMENT
MEMORANDUM NO, PZ 02-136
SITE PLAN REVIEW STAFF REPORT
COMMUNITY REDEVELOPMENT AGENCY AND CITY COMMISSION
August 16, 2002
DESCRIPTION OF PROJECT
Project Name/No.: The Harbors / NWSP 02-012
Property Owner: SCHGAI, Inc.
Agent: Jennifer Morton with Land Design South
Location: 2300 North Federal Highway
Current Land Use: Local Retail Commercial (LRC)
Proposed Land Use: Special High Density Residential (SHD-20 du/ac)
Current Zoning: Community Commercial (C-3)
Proposed Zoning: Infill Planned Unit Development (IPUD)
Project size: Site Area: 3.2089 acres (139,778 square feet)
Pervious Area: 1.45 acres (45.2%)
Lot Coverage Area: 42,824 square feet (16.6%)
Number of units: 54 dwelling units
Gross Density: 16.82 dwelling units per acre
Adjacent Uses: (see Exhibit "A" - Location Map)
North: To the northeast, developed (Las Palmas) single family homes classified Low Density
Residential (LDR - 4.84 du/ac) and zoned R-l-AA Single Family Residential and to the
northwest, developed commercial (gas station) classified Local Retail Commercial (LRC) and
zoned C-3 Community Commercial.
South: Vacant land, currently being developed as the Intracoastal Park, designated Recreational (R)
and zoned REC Recreation.
East: Right-of-way of the Intracoastal Waterway
West: Rights-of-way of U.S. 1 and the Florida East Coast Railroad, farther west developed
commercial property classified Local Retail Commercial (LRC) and zoned C-2 Neighborhood
Commercial.
Proposal: Centex Homes proposes to construct 54 fee-simple townhouse units on 3.21 acres. All site
development is proposed to occur in one phase. This request for site plan approval will be
contingent upon the approval of the land use amendment / rezoning application (LUAR 02-
005) and corresponding master plan, which is being processed simultaneously.
Site Characteristics: The subject property is a long rectangular-shaped lot located on the east side of U.S. 1,
perpendicular to Gateway Boulevard. The parcel is currently developed with a restaurant /
Page 2
The Harbors Site Plan Review Staff Report
Memorandum No. PZ 02-136
nightclub (Caf~ La Notre) and its respective parking areas. The restaurant includes a "tik,
bar and swimming pool located on the eastern portion of the property near the Intracoastal
Waterway. According to the survey, an existing wood deck and a portion of a "covered
dining area" are located outside the subject property line. This covered dining area
overhangs onto the subject parcel. It is staff's understanding that this covered dining area
will be demolished during the construction of the townhomes.
Concurrency:
a. Traffic - A traffic statement for this project was submitted and sent to the Palm Beach County
Traffic Division for their review and approval. The Palm Beach County Traffic
Division determined that the project meets the Traffic Performance Standards of
Palm Beach County.
b. Drainage- Conceptual drainage information was provided for the City's review. The City's
concurrency ordinance requires drainage certification at time of site plan approval.
The on-site drainage system will consist of a series of catch basins and exfiltration
trenches, which will direct runoff to the Intracoastal Waterway via an existing 24-inch
wide reinforced concrete pipe. The Engineering Division is recommending that the
review of specific drainage solutions be deferred until time of permit review, when
more complete engineering documents are required.
Driveways: One point of ingress / egress is proposed along Las Palmas / Vista Hermosa rights-of-way.
At this point, two (2) lanes would provide for project ingress and one (1) lane for project
egress. The ingress lane designated for the use by the residents will be 12 feet in width
The other entrance lane, designated for guests and delivery vehicles will be 15 feet in width
The one exit lane will be 15 feet in width. Each of the three (3) lanes will be separated by
landscaped medians. This entire area will have brick pavers to provide a more desirable
appearance.
Parking Facility: Parking required for the three (3) bedroom townhouse units is based on a ratio of two (2)
spaces per unit. In addition, the recreation area requires five (5) spaces. Since 54
townhouse units and a recreation area are proposed, a total of 113 parking spaces are
required. The proposed site plan provides a total of 122 parking spaces. Each unit will
have a two (2)-car garage dimensioned 20 feet in width by 17 feet - 3 inches in length. The
garage door opening will be 16 feet in width. All other parking spaces, except the one
handicapped space, will be parallel to the proposed main drive aisle. These ten (10) spaces
will be dimensioned nine (9) feet in width by 25 feet in length. The one handicap space will
be 12 feet in width (with 5 feet of striping) by 18 feet - 5 inches in length.
A total of 18 feet of asphalt will be provided for vehicular backup area behind each garage.
As proposed, vehicles will exit the garage, and if backing out of the garage, make a "3-point
turn" within this 18-foot wide backup area and then exit the site via the 24-foot wide main
access drive.
Landscaping: The proposed pervious area of the parcel equals 1.45 acres or 45.2% of the total site. The
overall landscape plan shows at least 104 trees, most of which will be native. In fact, the
majority of all landscape material will be native.
The west landscape buffer (along U.S. 1) will be at least 15 feet in width (which includes ~
10-foot wide utility easement). The landscape plan (sheet LP 1 of 6) proposes six (6) Laurel
Oak trees and Ixora Nora Grant / Redtip Cocoplum hedges. In the northwest corner of the
site, the plan proposes two (2) Maypan Coconut Palm and Florida Royal Palm trees, and
Page 3
The Harbors Site Plan Review Staff Report
Memorandum No. PZ 02-136
three (3) Purple GloW trees. Dwarf Alamander and some annuals are proposed there as
well.
The northern landscape buffer will be 10 feet in width in the area from U.S. 1 east to the
project entrance. The landscape material proposed within this buffer would include the
following: four (4) Live Oak trees, Redtip Cocoplum hedges, Wax Jasmine, Fakahatchee
grass, Dwarf Yaupon, and assorted annuals. The remaining portion of the north landscape
buffer (from the entrance east to the Intracoastal) would have 14 Live Oak trees and a row
of Redtip Cocloplum hedges. If the existing ficus hedge is not disturbed during the
construction of the drive aisle, the applicant would prefer to leave the hedge in its current
condition and not have to plant new hedges (Redtip Cocoplum). The existing mature ficus
hedge screens the subject property from the abutting single-family residential neighborhood
to the north.
According to Sheet LP 3 of 6, the entrance to the site would have two (2) Yellow Elder trees
and a row of Redtip Cocoplum on each side. Both sides would also have Sabal Palm trees.
The landscaped medians (at the entrance / exit way) between the resident lane and the exit
lane would be lined with Florida Royal Palm trees, Geiger trees, Redtip Cocoplum hedges,
Allamanda shrubs, and Variegated Loriope.
The landscape material proposed within the courtyard areas in the front of each building
would be centered around a Paurotis Palm tree. Other courtyard landscaping will consist of
three (3) Coconut Palm trees, six (6) Alexander Palm trees, Dwarf Yaupon, Wild Coffee,
Dwarf Arboricola, Variegated Lirope, Orange Bird of Paradise, and various annuals. Staff
recommends installing more tall growing palm trees such as Washingtonia palms within the
courtyard area in order to soften the upper level views of the building fronts (see Exhibit "C"
- Conditions of Approval).
The existing pool area, located at the eastern portion of the property, would have new brick
pavers installed. According to sheet "LP 4 of 6", 16 Maypan Coconut Palm trees are
proposed throughout the pool and "tiki" bar area. The plans also propose Dwarf Allamanda,
Fakahatchee Grass, Simpson's Stopper, and Orange Bird of Paradise.
The southern landscape buffer (adjacent to the Intracoastal Park) would be 6 feet in width.
The landscape plan proposes 20 Dahoon Holly trees and a row of unidentified hedge
material (see Exhibit "C" - Conditions of Approval). The building facades (facing south) are
shown with no landscaping.
Building/Site: The IPUD zoning district allows buildings to reach as high as 45 feet, however, a lesser
height could be imposed if compatibility with adjacent properties becomes an issue. The
proposed three (3)-story fee-simple townhouses will be 42 feet at the peak of the roof (see
Exhibit "C" - Conditions of Approval). According to site plan (sheet "SP 1 of 2"), a C.B.S.
wall, six (6) feet in height would surround the entire property. The new wall would be
setback at least 10 feet from the west property line (facing U.S. 1 ) but would be constructed
along the southern property line. The existing six (6) -foot high concrete wall currently
located along the north property line will remain in its current location (see Exhibit "C" -
Conditions of Approval). A fence would be required around the pool area (see Exhibit "C" -
Conditions of Approval).
The 54 dwelling units are proposed to be contained within 13 separate buildings on the
3.21-acre site. The proposed density is 16.82 dwelling units per acre. Each of the 13
buildings will contain'one (1) of four (4) types of units. The unit styles all have three (3)
bedrooms but vary slightly in terms of their overall area. The units are as follows: Unit 1601
Page 4
The Harbors Site Plan Review Staff Report
Memorandum No. PZ 02-136
(2,042 square feet), Unit 1935 (2,370 square feet), Unit 1538 (1,972 square feet), and Un,.
2008 (2,538 square feet) (see Exhibit "C" - Conditions of Approval). All buildings will have
these four unit types except for Building #1, which would have an extra Unit 1801 and Unit
2008 for a total of six (6) units.
The IPUD zoning district has no actual building setback requirements, however, the
buildings should be arranged in such a way that they will exceed the basic development
standards. Building #1 (the only six (8)-unit building) would be setback 25 feet from the
west property line and 26 feet from the north property line. Building #2 would be 40 feet
from the west property line. All of the four (4)-unit buildings are proposed to be setback six
(6) feet from the south property line. Building #13 would be setback over 110 feet from the
east property line due to the existing location of the recreational area (the recreation area is
located between proposed Building #13 and the east property line). As previously
mentioned, the 0.2 acre recreation area currently has a swimming pool and. a "tiki" bar hut.
The '~tiki" bar hut is located along in the southeast corner of the site, along the south and
east property lines (see Exhibit "C" - Conditions of Approval).
Community Design: According to the applicant, the design of the site is described as Traditional Neighborhood
Development (TND) because the pedestrian entryways are proposed on the front fa~;ade
while the vehicular entryways will be to the rear of the building. The proposed townhouses
will be three (3) stories tall and 42 feet high. The front courtyards will allow for only
pedestrian access and eliminate the presence of automobiles. The front courtyard or
"paseo" will be 25 feet in width. The distance between each building is approximately 25
feet.
The proposed buildings would be multi-colored ranging from light yellow to brown. The
colors are proposed as follows: First floor (Sherwin Williams #1335-Thai tan), Second floor
(Sherwin Williams #2337-Beacon Yellow), Third floor (Sherwin Williams #1366-Harvest
Moon). All accents such as shutters, entry doors, railings would be painted Sherwin
Williams #2942-Liberty Blue. All architectural enhancements such as smooth stucco
banding will be Sherwin Williams #1900-Pure White.
The proposed development would have a buffer wall at least six (6) feet in height (see
Exhibit "C" - Conditions of Approval). According to sheet "SP 2 of 2", the wall would be
painted the same color as the third story of the townhouses (Sherwin Williams #1366 -
Harvest Moon). The cross section of the wall sign indicates that the wall would have
smooth stucco finish and cast stone caps.
Sheet "SP 1 of 2" shows that the development would have two points of pedestrian ingress /
egress. One point would be located at the front entry gate on the sidewalk just west of the
vehicular driveways. The other point of pedestrian access would be located along the
southern property line near the recreation area. This pedestrian walkway would connect to
the future Intracoastal Park.
The plans propose two (2) types of freestanding outdoor lighting fixtures, namely, the Type
"A" light post and the Type "B" light post. The Type "A" light post will be 12 feet - 6 inches
tall. The material and color of the Type "A" post is unknown. The Type "B" light post will be
an aluminum pole, slightly taller than 12 feet in height. The color of the Type "B" post is
unknown.
$ignage: The elevations show that no building signs are proposed. An "entry wall" sign is proposed
along the western buffer wall. According to sheet "SP 2 of 2", the wall detail illustrates that
Page 5
The Harbors Site Plan Review Staff Report
Memorandum No. PZ 02-136
the monument sign would be at total of 64 square feet in area. The background color of the
sign will be blue and the letters will be gold.
DESIGN ANALYSIS & CRITIQUE:
A master plan is required for all requests to rezone to Planned Unit Development (PUD) or Infill Planned Unit
Development (IPUD). For this project, the plan labeled "site plan" will also function as the master plan. Generally
speaking, staff is in favor of converting the existing commercial use to a residential use and to increase the overall
allowable density to 16.82 dwelling units per acre. However, staff's objection with the plan is not the project
density but rather with the proposed design. Specific issues include the proposed building configuration and
separation distance, drive aisles, and the allocation of guest and overflow parking. The following paragraphs
address staff's concerns.
Under the current land use and zoning designations, the property could be redeveloped to a residential use at a
density of 10.8 dwelling units per acre for a total of 34 units. The developer is proposing to increase the maximum
allowable density by changing the underlying land use to Special High Density Residential, a land use category
only available to coastal area properties. The Special High Density Residential (SHDR) land use designation
allows for the following zoning districts: Multi-Family Residential (R-3), PUD, and the IPUD zoning district. The R-
3 zoning district contains restrictions on minimum lot size (4,000 square feet) and building setbacks. The setbacks
for the R-3 zoning district are as follows: Front - 40 feet, Side - 20 feet, and Rear - 40 feet. The lot size and
building setback standards of the R-3 zoning district are much more stringent than the self-imposed restrictions of
the IPUD zoning district. As previously stated, the SHDR land use designation also allows for the PUD zoning
district. The intent of the PUD is to promote and encourage development in tracts that are suitable in size, location
~'~'~d in character for the intended uses and structures proposed within them. The development shall be planned
developed as unified and coordinated units. However, the minimum recommended land area necessary for
the PUD designation is five (5) acres. The subject property is less than five (5) acres and therefore would be
ineligible to rezone from the C-3 zoning district to the PUD zoning district.
On May 15, 2001, the City Commission adopted the Federal Highway Corridor Redevelopment Plan to allow for a
variety of housing styles at intensities that will assist in supporting the downtown. It also served as a catalyst to
encourage redevelopment and infill development of the eastern portion of the City along Federal Highway and to
promote the overall general economic expansion of the City. Implementation of the Plan included an amendment
to the Land Development Regulations to create the IPUD zoning district. This new zoning district allows for a
greater variety of housing types in order to redevelop infill parcels, specifically along the Federal Highway corridor.
This new zoning district allows for greater flexibility in terms of lot size and setback restrictions. As promulgated in
the Comprehensive Plan, all development proposed within the IPUD should exceed the basic development
standards of the conventional residential zoning districts. This characteristic should be evident in terms of a
project's site design and site amenities. This project represents the first request for the IPUD zoning district
designation. Staff recognizes this circumstance and expects the best possible development, in particular,
because this first project that will set the standard for future IPUD developments. Staff determined that the layout
of the buildings, the allocation of back-up space, and the distance between each building are not in the optimal
configuration and therefore, fails to exceed the basic development standards.
Generally speaking, the proposed plan contains conflicting design elements regarding the allocation of space
dedicated to pedestrians and the automobile. According to the Congress of New Urbanism, one of the main
principles separating the new urbanism development or the Traditional Neighborhood Development (TND) from
typical post-WWll suburban, auto-oriented development is that the design of the TND is to primarily accommodate
the needs of the pedestrian. A true TND community would not be a "gated". However, the plan endorses the TND
~ept by designating human space .to the front of each home (in the form of patio and courtyard areas) while
~_.,~gning the less desirable use (automobile space) to a subordinate role by placing it to the rear of each unit.
Due to the arrangement and number of buildings, the front courtyard area will be roughly 25 feet in width, a
dimension very similar to the space dedicated to vehicular back-up areas at the rear of the building.
Page 6
The Harbors Site Plan Review Staff Report
Memorandum No. PZ 02-136
Staff recommends increasing the width of the courtyard areas to further separate the three (3)-story structures ano
to increase the number of trees, shrubs, and on-site amenities. The proposed development may be marketed to a
particular segment of the population; however, it is staff's opinion that the inherent design of this project becomes
awkward due to the overcrowding of units and the internal separation, resulting in a compromise between
progressive design principles and inefficient movement of vehicles.
Staff has major concerns regarding the angle of the proposed townhouse buildings and the allotment of parking
'spaces. Only the four (4) units in Building 13 would have direct view of the Intracoastal Waterway. Visual access
to the Intracoastal Waterway affords these units an additional amenity resulting in a premium sales price. Perhaps
only five (5) other units (namely Units 14, 22, 30, 38, and 46) would have direct views of the Intracoastal
Waterway. The remaining units would not have visual access to the Intracoastal Waterway, and consequently
would most likely sell at lower prices.
The proposed design fails to fully capitalize on the site's proximity to the invaluable amenity represented by the
adjacent public park. The future Intracoastal Park will provide the subject property with added open space and
scenic vistas. Consequently, more units could sell at premium rates. A major shortcoming with the plan is that
only a handful of units will have direct visual access to both the Intracoastal Waterway and the Intracoastal Park,
and only the end units will have views of the Intracoastal Park. Therefore, staff recommends configuring and
angling the buildings to increase their relationship with these amenities. The intent of this recommendation is to
not limit the number of allowable units but rather'to endorse a design that takes full advantage of the two
aforementioned amenities. Furthermore, staff would also recommend revising the front building design (second
floor or third floor) to incorporate a porch or "sitting" area on building sides that face the Intracoastal Park. Another
design flaw is that the fronts of Building 1 and Building 2 face only a six foot tall buffer wall (empty space).
It is also staff's opinion that the proposed development lacks overflow and / or visitor parking. Based on th6
standard parking formula, the development requires two (2) parking spaces per unit. Each unit will have a two (2)-
car garage. The recreation area will require five (5) parking spaces, leaving only six (6) extra parking spaces.
Guest parking for Building 1 (Unit #6) and Building 2 (Unit #10) becomes nonexistent because of the distance to
the nearest parallel parking space. Another parking related element of the plan that appears inadequate is the
narrow opening width of the garage. The floor plan proposes a 16-foot wide opening with a total interior width of
20 feet. No conflict would occur if each household owned only one (1) automobile. However, a problem arises
when one car is parked inside the garage and there is not enough room in the garage to accommodate a second
vehicle (storage, large vehicle sizes). Staff recognizes that not all townhouse owners possess large vehicles
(sports utility, sedans, and trucks). However, when considering the potential negative impact(s) of the
development, this analysis evaluates various scenarios that would cause inefficient, unsafe, or unpleasant living
conditions. For example, in typical suburban developments, residential dwelling units usually contain a parking
provision for up to three (3) cars in the front driveways. Again, staff recognizes that this proposed development is
unique and appeals to a specific group of progressive thinking homebuyers. However, the problem arises when
no alternative parking provision is provided if two (2) vehicles are unable to fit together inside the garage. The
current design only allows for overflow parking to be designated to the parallel parking spaces. In the current
scenario, if two-car households are unable to park in the garage, there are no other provisions for parking other
than the five (5) overflow parallel parking spaces proposed along the main access drive (not including the
handicap space). If this same limited-garage space scenario occurs in four (4) other households, then no extra
parking spaces will be available for the remaining residents or their guests. This could present unsafe driving
conditions as well as an unattractive living environment (i.e. cars parked in the street, behind the garages, near the
dumpsters). Staff recommends that the driveway behind each unit should be long enough to accommodate a
parked vehicle without compromising the function of the 18-foot wide back-up space. The 18-foot wide back-up
space in conjunction with the space between the garage door and the asphalt is wide enough for a vehicle to
back-up and exit but would not wide enough should a vehicle be parked in front of the garage door.
In conclusion, the proposed site plan does not meet the intent of the Comprehensive Plan regarding the Special
High Density Residential land use designation. As previously stated, the subject property would be eligible for
10.8 units / acre or 34 total units if converted to a residential use under the existing commercial zoning. The plan
Page 7
The Harbors Site Plan Review Staff Report
Memorandum No. PZ 02-136
~ poses 54 total units or 20 additional units over the current maximum allowable number of units. The plan and
its configuration of the townhouses buildings appears to only satisfy a density objective while forfeiting optimal
design objectives. The City supports increasing the maximum allowable number of units but not with a plan that is
less than exemplary.
RECOMMENDATION:
Staff recommends that the request for site plan approval be denied based upon the design issues identified in the
"Design & Critique Section" as well as the remaining unresolved comments included in Exhibit "C" - Conditions of
Approval. It is the position of staff that the magnitude of changes represented by the Conditions of Approval would
significantly modify the project and therefore would warrant additional review from staff and the Community
Redevelopment Agency.
xc: Central File
S:\Planning\SHARED\WP~PROJECTS\The Harbors\NWSP 02-012\Staff Report.doc
Location Map EXHIBIT"A"
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EXHIBI? B"
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EXHIBIT "C"
Conditions of Approval
Project name: The Harbors
File number: NWSP 02-012
Reference: 3fd review plans identified as a New Site Plan with a September 24, 2002 Planning and Zoning
Department date stamp marking.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments: None X
PUBLIC WORKS - Traffic
Comments:
1. In accordance with Chapter 6, Article m, Sections 11, 12 14, and 16, X
widen Las Palmas Park from Federal Highway (U.S. 1) approximately
240 feet east (to the intersection of the roadway centerline with the
extension of the subject parcel property line. Roadway configuration will
consist of 3 lanes, of width as determined by the Director of Public
Works (one eastbound lane, one dedicated left turn lane, and one
westbound through lane), Type "F" curb and gutter and two - four (4)
foot wide sidewalks (one on each side of the roadway).
2. Reconfigure signalization at the intersection of Las Palmas Park and X
Federal Highway to add a left turn arrow to the signal head(s) for
westbound Las Palmas Park traffic (Chapter 6, Article Ill, Section 16).
The developer has coordinated with Palm Beach County Traffic
Division. The rephasing of the signal shall be completed prior to the
issuance of a Certificate of Occupancy.
3. Detail signing and striping as necessary (Chapter 6, Article 1II, Section X
16).
4. At the time of permitting, coordinate with the FDOT and Palm Beach X
County Traffic for roadway and signalization improvements.
UTILITIES
Comments: None X
FIRE
Comments:
5. Design documents where underground water mains and hydrants are to X
be provided, must demonstrate that they will be installed, completed,
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10/09/02
2
DEPARTMENTS INCLUDE REJECT
and in service prior to construction work per the Florida Fire Prevention
Code, (2000) Section 29-2.3.2.
6. Pursuant to City Ordinance 9-3F, the Fire Marshal has developed an X
Administrative Order dated May 9, 2001 that provides the minimum
performance for all security gates and emergency access. (Copy
attached).
7. Emergency access shall be provided at the start of a project and be X
maintained throughout construction per the Florida Fire Prevention
Code, Section 3-5, and NFPA 241, (1996) Safeguarding Construction,
Alteration, and Demolition O[~erations, Section 5-4.3.
POLICE
Comments: None X
ENGINEERING DIVISION
8. A lighting plan including photometrics, pole wind loading, and pole X
details in conformance with the LDR, Chapter 6, Article IV, Section 11,
Chapter 23, Article I, Section 5.B.7 and Chapter 23, Article II, Section
A will be required at the time of permitting. The lighting design shall
provide a minimum average light level of one foot-candle. On the
lighting plan, specify that the light poles shall withstand a 140 MPH
wind load (LDR, Chapter 23, Article II, Section A. 1.a.) Add a note that
the fixtures shall be operated by photo-electrical control and to remain
on until 2:00 a.m. (LDR, Chapter 23, Article II, Section A.l.a.)
Artificial lighting used to illuminate any property shall be directed away
from all residential districts.
9. A plat shall be submitted with construction drawings for fee simple X
housing. The plat must be recorded prior to the issuance of a building
permit for the project.
10. A copy of the proposed POA documents shall be submitted for review X
and approval concurrent with the plat process.
11. Provide verification that the improvements within the submerged land X
lease shall be transferable to the new owner.
12. At the time of permitting, indicate by note to what standard the project is X
to be constructed; if the FDOT Standard Specifications for Road &
Bridge Construction and Standard Index are to be used - the 2000
Specifications are recommended since they contain both English and
Metric units.
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10/09/02
3
DEPARTMENTS INCLUDE REJECT
13. An excavation and fill permit will be required for this development. X
14. Provide written and ~raphic scales on all sheets. X
BUILDING DIVISION
Comments:
15. At time of permit review, submit signed and sealed working drawings of X
the proposed construction.
16. At time of permit review, submit a copy of the recorded resolution that X
verifies the abandonment of the alley, right-of-way or easement.
17. Add to the submittal a partial elevation view drawing of the proposed X
perimeter wall. Identify the type of the wall material and the type of
material that supports the wall, including the typical distance between
supports. Also, provide a typical section view drawing of the wall that
includes the depth that the wall supports are below finish grade and the
height that the wall is above finish grade. The location and height of the
wall shall comply with the wall regulations specified in the Zoning
Code.
18. At time of permit review, submit for review an addressing plan for the X
project.
PARKS AND RECREATION
Comments:
19. Since it has been determined that there are 54 single-family attached X
units in this development, the Park and Recreation Facilities Impact Fee
is computed as follows: 54 single-family attached units multiplied by
$771 per unit equals $41,634 (Chapter 1, Article V).
20. The fee is due prior to the issuance of the first applicable building X
permit.
21. Submit detailed irrigation plans for right-of-way landscape and irrigation X
improvements during the construction document permitting stage, for
review and approval by Parks Department and Public Works Department
staff. Include on the plan location of any existing irrigation in the right-
of-way. ,
FORESTER/ENVIRONMENTALIST
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10/09/02
4
DEPARTMENTS INCLUDE REJECT
Comments:
22. The applicant must identify and quantify the existing trees on the site as X
shown on the survey sheet #1.
23. The landscape sheets should indicate the existing trees that will be X
preserved, relocated or removed and replaced on each portion of the
entire site. These trees should be shown with an appropriate symbol on
each of the landscape sheets.
24. Any of the existing hedge plants noted on the sheets that are not of X
acceptable quality during the landscape inspections must be replaced
throughout the site.
25. All trees noted on the plant list must be a minimum of 12 feet in height X
and three (3) inches in diameter at time of planting.
26. The plan does not show the City "signature trees "required at the X
ingress/egress sites.
27. The plan does not show the seven (7) foot wide landscape buffer strip X
along the adjacent public right-of-way. Revise the list to include 50%
native shrub material.
28. Sheet LP4 of 6: The shrubs, and accents list meets the 50% native X
species requirement, the palms list does not meet this requirement.
Revise the plan accordingly.
29. Sheet LP5 of 6: The palms, shrubs, accents, and ground covers list does X
not meet the 50% native species requirement. Revise the plan
accordingly.
30. There is no irrigation system plan included or noted on the landscape X
sheet. Provide an irrigation plan at the time of building permit
submittal.
PLANNING AND ZONING
Comments:
31. Place a note on all the primary landscape plan indicating that mulch X
other than Cypress shall be used and maintained for landscape purposes
(Chapter 7.5, Article II, Section 5.C.8.).
32. The site data on sheet "SP I of 2" indicates that 110 parking spaces are X
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10/09/02
5
DEPARTMENTS INCLUDE REJECT
required. Revise the data to indicate the correct number of required
parking spaces (107).
33. The existing six (6) foot high wall, located along the north property line X
shall be refurbished to match the color and style of the new wall.
34. On the landscape plan sheet labeled "LP 1 of 6" and "LP 2 of 6", X
identify the row of hedges proposed along the southern property line.
Also, staff recommends installing palm trees (single or double trunk
Alexander, Montgomery, or Solitaire) along the southern facades of the
four (4) unit buildings.
35. On the floor plan, the total area for "Model 1601" is incorrect. Any X
change to the floor area on the floor plan will need to Correspond to the
tabular data of the site plan sheet "SP 1 of 2".
36. The buffer wall may not exceed six (6) feet in height (Chapter 2, Section X
4.J. 1). Prior to the City Commission meeting, provide a detail of the
entry gates, including the dimensions, material, and color(s) used.
37. Provide an elevation of the "existing covered tiki bar" to be a "cabana". X
Ensure that the colors of the cabana will be compatible with the color
palette of the proposed townhouse buildings.
38. A fence is required around the pool area. Provide a detail of the fence. X
On the site plan, show the points of access to the deck area currently
outside the property line.
39. Provide a cross access agreement or written verification that access is X
allowed between the subject property and the property to the east (with
the wood deck and boat mooring area).
40. The plan shows that public "green" area will be provided in the form of X
the 0.2 acre recreation area and the 32-foot wide front paseos. Staff
recommends creating additional public "green" space equipped with
amenities such as benches, a gazebo, and/or BBQ pit area.
41. The buffer wall along the north property line acts as a "terminating X
vista" from each pasco area. Staff recommends incorporating additional
decorative features such as fountains, statuary, or wall score lines to
break the mundane wall expanse.
42. Staff endorses the concept of having a "focal point" to be located at the X
northwest comer of the property. In addition to the landscaping, staff
recommends that the "focal point" as shown as an asterisk (*) should be
a fountain, statuary, gazebo or some other attractive public amenities.
COA2
10/09/02
6
DEPARTMENTS INCLUDE REJECT
43. Provide an elevation of the "existing covered "tiki" bar to be a cabana". X
Ensure that the colors of the cabana will be compatible with the color
palette of the proposed townhouse buildings.
44. The entryway to the recreational area appears as though it is an amenity X
for just the five (5) easternmost townhouse units. Staff recommends
redesigning the entryway so that it is more welcoming to the entire
development. Create an entrance pavilion to the recreational area that is
on axis with the sidewalk.
45. Off-street parking for the development will be limited to two (2) car X
garages in each unit and guest parallel parking spaces. Because there is
no alternative parking provision, staff recommends that the garage area
in each unit be increased in size in order to maximize the storage space
for both vehicles and various items and to prevent / minimize the
haphazard parking of cars throughout the development.
46. The 3'a floor plan does not show the side "bump-outs" and therefore, the X
plan does not correspond to the revised elevations. The plans must be
corrected to correspond with each other.
47. The plant list of landscape plan "sheet LP 5 of 6" does not indicate 34 X
"VOA" plants. Correct the plan's tabular data.
48. Staff recommends configuring or angling the buildings in such a way X
that will allow for more units to have direct visual access to the future
Intracoastal Park.
49. Staff recommends incorporating a second or third story porch (or on X
both stories) into the design of the townhouse units that face (front
and/or side facades) either the Intracoastal Waterway or the Intracoastal
Park.
50. The main east-west sidewalk is four (4) feet in width. Staff recommends X
increasing the width to at least five (5) feet.
51. Staff recommends further increasing the distance between buildings X
(paseo areas) to allow for additional amenities and landscape material.
52. Staff endorses the concept of a pedestrian connection from the subject X
property to the Intracoastal Park as shown on the southeast portion on
the property. However, staff recommends that the entranceway be
enhanced with additional landscaping, decorative lighting, and park-like
benches.
COMMUNITY REDEVELOPMENT AGENCY COMMENTS:
Comments:
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10/09/02
7
DEPARTMENTS I~CLUDE REJECT
53. Since it has been determined that there are 51 single-family attached X
units in this development, the Park and Recreation Facilities Impact Fee
is computed as follows: 51 single-family attached units multiplied by
$771 per unit equals $39,321 (Chapter 1, Article V).
54. The opening of the garage doors shall be 18 feet in width. X
55. Additional 90 degree parking (extra) spaces shall be provided along the X
western property line. Driveway widths shall not be reduced to
accommodate the additional parking.
56. Enhance the building facades of Building #I and Building #2 by adding X
architectural elements such as faux windows, shutters, raised bandings,
and balconies to improve the appearance of the buildings that face US 1.
57. Provide landscaping nodes along the northern buffer opposite each drive X
aisle. The northern perimeter hedge shall be maintained at six (6) feet in
height.
58. Provide floor plans / details of the "cabana". The cabana shall be X
compatible of the proposed townhouses.
59. Provide more specific details of dumpster enclosure including gates. X
60. The proposed first floor color (Sherwin Williams #1335 - Thai Tan) of X
the buildings shall be softened two (2) shades.
61. The proposed freestanding outdoor lighting fixtures shall be type "A" X
rather than type "B".
62. The buffer shall be C.B.S. rather than pre-cast. X
63. Architectural changes in response to these conditions shall be X
re-reviewed by the CRA prior to issuance of permits.
ADDITIONAL CITY COMMISSION COMMENTS:
COA2
10/09/02
8
DEPARTMENTS INCLUDE REJECT
Comments:
62. To be determined.
MWR/elj
S:',Planning~HARED\WP~ROJECTS\The Harbors'uNWSP 02-O12\COA2.docS:\Planning\SHARED\WP',PROJECTS~The Harbors'dqWSP 02-012\COA. doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: The Harbors
APPLICANT'S AGENT: Jennifer Morton - Land Design South
APPLICANT'S ADDRESS: 8198 Jog Road, Suite 200 Boynton Beach, FL 33437
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 15, 2002
TYPE OF RELIEF SOUGHT: New Site Plan Approval to construct 51, three (3)-story townhouse units
on a 3.208-acre parcel.
LOCATION OF PROPERTY: 2300 North Federal Highway
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X
THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Community Redevelopment Agency, which Agency found as
follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
__ HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
__ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
VII.-CONSENT AGENDA
ITEM E.2
CITY OF BOYNTON BEA£
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
[] August 6, 2002 July 17, 2002 (5:00 p.m.) [] October l, 2002 September 16, 2002 (Noon)
[] August 20, 2002 August 5, 2002 (Noon) [] October 15, 2002 September 30, 2002 (Noon)
[] September 3, 2002 August 19, 2002 (Noon) [] November 6, 2002 October I4, 2002 (Noon)
[] September 17, 2002 September 3, 2002 (8:00 a.m.) [] November 19, 2002 November 5, 2002 (Noon)
[] Administrative [] Development Plans
NATURE OF [] Consent Agenda [] New Business
AGENDA ITEM [] Public Hearing [] Legal
[] Bids [] Unfinished Business
[] Announcement [] Presentation
[] City Manager's Report
RECOMMENDATION: Please maintain this request on October 15, 2002 City Commission Agenda under
Consent Agenda. The Commumty Redevelopment Agency Board with a unanimous vote, recommended that the subject
request be approved, subject to staff comments, the elimination of one staff condition requiring contribution to area bus
shelter facilities, and additional conditions regarding wall type (C.B.S. only), increasing the central green area aroundthe
pool, garage openings, and faqade enhancements (ends and rear facades). For further details pertaining to this request See
attached Department of Development Memorandum
No. PZ 02-209. ~-~
EXPLANATION: ' .
PROJECT: Merano Bay (NWSP 02-014) ,.
AGENT: Carlos Ballbe, Woodside Land Development Corp. -.
OWNER: AutoZone, Inc.
LOCATION: Southeast comer of Shore Drive and North Federal Highway
DESCRIPTION: Request to construct 20 fee-simple townhome units on a 1.75-acre parcel.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES:~. ~j N,/,A
Deve~n~nt ~)'~par~:n~e~t ]Stixector City Manager's Signature
Planmng and Zoning Director City Attorney / Finance / Human Resources
S:LPlanningXSHARED\WP~ROJECTS'qMERANO BAY~NWSPXAgenda Request NWSP 02-014 CC 10-15-02.dot
S ~Planning~HARED\WP\PROJECTS\MERANO BAY~NWSP\Agenda Request NWSP 02-014 CC 10-15-02 dot
DEVELOPMENT DEPARTMENT
MEMORANDUM NO. PZ 02-209
SITE PLAN REVIEW STAFF REPORT
COMMUNITY REDEVELOPMENT AGENCY AND CITY COMMISSION
October 3, 2002
DESCRIPTION OF PROJECT
Project Name/No.: Merano Bay / NWSP 02- 014
Property Owner: AutoZone, Inc.
Agent: Carlos Ballb~, Woodside Land Development Corp.
Location: Southeast corner of North Federal Highway and Shore Drive
Current Land Use/
Zoning: Local Retail Commercial (LRC)/CommunityCommercial (C-3)
Proposed Land Use/
Zoning: Unchanged (see analysis)/Inflll Planned Unit Development (IPUD)
Type of Use: Fee-simple Townhouses
Project size: Site Area: 1.75 acres (76,025 square feet)
Number of units: 20 dwelling units
Lot Coverage Area: 0.52 acres (29.5%)
Gross Density:. 11.46 dwelling units per acre
Adjacent Uses: (see Exhibit "A" - Location Map)
North: Right-of-way for Shore Drive, farther north developed commercial (Yachtsman's Plaza)
classified Local Retail Commercial (LRC) and 33ned C-3 Community Commercial;
South: Right-of-way for Boynton (C-16) Canal, farther south developed single-family residential
(Harbor Estates) classified Mixed Use (MX) and zoned R-l-AA Single Family Residential;
East: Right-of-way for Shore Drive, farther east developed single-family residential (Coquina Cove)
classified Low Density Residential (LDR) and zoned R-l-AA Single Family Residential;
West: Rights-of-way for Federal Highway and the Florida East Coast (FEC) Railroad, farther west
undeveloped property classified Local Retail Commercial (LRC) and zoned C-3 Community
Commercial.
Proposal: Carlos Ballb~, agent for Woodside Land Development Corporation, proposes to construct
20 fee-simple townhouse units in four (4) separate buildings on a 1.75-acre parcel (see
Exhibit "B" - Proposed Site Plan). The plan also includes a recreation area with a pool. Each
of the proposed buildings is composed of five units. The buildings are proposed to be
located around a circular driveway. The first two (2) buildings (Building 1 and 2) will be
located along the south property line. Building 3 will be located along the northeaster'
portion of the site while the last building (Building 4) will be located at the north property lin
of the project abutting Shore Drive. Each building would be two (2) stories high and include
three (3) to four (4)-bedrooms, and three (3) bathroom units. In addition, a land-use
Page 2
Merano Bay Site Plan Review Staff Report
Memorandum No. PZ 02-209
amendment / rezoning application (LUAR 02-006) is being processed concurrently with this
site plan. It should be noted that in 1998 a request for site plan approval was submitted to
construct a 7,234 sq. ft. retail commercial building for auto parts sales. The applicant
withdrew the application prior to review by the City Commission.
Site Characteristics: The subject property is one (1) irregularly-shaped parcel totaling 1.75 acres located at the
southeast corner of North Federal Highway (U.S. Highway No. 1) and Shore Drive. The
vacant lot is undeveloped, relatively flat, and vegetated with a variety of field grasses. The
site contains a tropical almond tree, a Banyan tree, Phoenix Reclinata and several Ficus
trees and Cabbage palms.
Concurrency:
a. Traffic - A traffic statement for this project was submitted and sent to the Palm Beach County
Traffic Division for their review and approval. The Palm Beach County Traffic
Division has determined that the project meets the Traffic Performance Standards of
Palm Beach County.
b. Drainage- Conceptual drainage information was provided for the City's review. The City's
concurrency ordinance requires drainage certification at time of site plan approval.
The Engineering Division is recommending that the review of specific drainage
solutions be deferred until time of permit review, when more complete engineering
documents are required.
Driveways: The entrance would be comprised of a 12-foot wide ingress driveway and a 12-foot wide
egress driveway at North Federal Highway. This point of ingress / egress will have a median
in the center of the opening to direct vehicular traffic in and out of the subject property. This
entrance will have brick pavers to provide a more desirable appearance. The applicant is
proposing one interior driveway measuring 20 feet in width providing circulation around the
recreation area and within the project.
Parking Facility:. A total of 40 parking spaces are required for the proposed residential use based on the ratio
of two (2) spaces per dwelling unit. The applicant is providing 43 spaces. Each townhouse
unit will contain a one (1)-car garage with a one (1)-car driveway space with addition
driveway width capable of accommodating a third vehicle. The garages are dimensioned a
minimum 10 feet in width by 19 feet in length. The actual garage opening will be 8 feet in
width, which appears narrow, but there is no applicable code regulation. A total of three (3)
additional parking spaces including one (1) handicapped space are proposed at the
swimming pool area, which is a requirement of the American with Disabilities Act. However,
the plan contains no other provision for overt'iow or guest parking. All additional parking
spaces excluding the handicap space will be dimensioned at least nine (9) feet by eighteen
feet (9' x 18'). The backup distance for these parking spaces will be 24 feet with exception
to units 1 and 20 where the vehicular backup area will be respectively 18 feet and 19 feet.
As proposed, vehicles backing out of these garages, will make a "3-point maneuver within
this 18 or 19-foot area and then exit the site via the 20-foot wide main circular access
driveway. Therefore, staff is recommending that the applicant request a waiver for the
backup requirement for units 1 and 20 (see Exhibit "C"- Conditions of Approval). The plan
does not provide for any on street parking because the interior roadways function as drive
aisles and will be only 20 feet in width to meet the Fire Safety Code.
· .dscaping: The proposed pervious area of the parcel equals 0.74 acres or 42.47% of the total site. The
overall landscape plan shows at least 54 trees, most of which will be native. In fact, the
majority of all landscape material will be native. Along the north and west property line, a
Page 3
Merano Bay Site Plan Review Staff Report
Memorandum No. PZ 02-209
six-foot high concrete wall setback three (3) feet from the property line is proposed. Th,
wall will end near Building 3 (northeastern portion of the property) where extensive trees are
located, and screens the subject propertyfrom Shore Drive.
The north (adjacent to Shore Drive) and west (along N. Federal Highway) buffers will be at
least five (5) feet in width. The landscape plan (Sheet "L2") proposes fifteen (15) Green
Buttonwood trees, twenty-three (23) Foxtail Palm trees, six (6) Hibicus, Redtip Cocoplum
hedges, Evergreen Giant Liriope, Aztec Grass, Dwarf Mexican Bluebell and assorted
annuals. At the northwest corner of the site, the plan proposes a cluster of four (4) Foxtail
Palm Trees and a Silver Bismarck Palm tree supplemented with some colorful annuals. The
southern buffer will include ten (10) Green Buttonwood trees spaced at a minimum of 30
feet apart with two (2) Yellow Trumpet trees.
According to Sheet "L2", the entrance to the site ,,~ould have a Purple Glow tree (Tibouchina
Granulosa) and a row of Redtip Cocoplum on each side and assorted annuals. Both sides
would have Royal Palm trees. The landscaped median at the entrance between the entry
and the exit lane would also be lined with Royal Palm trees, Hibiscus, Wax Jasmine, Dwarf
Mexican Bluebell, Purple Queen, I~ra, Variegated Liriope, and assorted annuals.
The landscape material proposed in the front of each building will consist of a cluster of
three (3) Montgomery Palm trees, Wax Jasmine, Variegated Schefflera, Evergreen Giant
Lirope, and Red Pentas while at the end of the buildings, a row of Redtip Cocoplum is
proposed. Additional tall grass (i.e. Royal Palms) should be added to the side of unit #10 to
soften the facade exposed to the adjacent homes.
The proposed recreation area (cabana and pool), centrally located on the property, woulr~
include, six (6) Royal Palm trees, six (6) Green Malayan Coconut Palm trees. The
landscape plans also propose Glossy Privet, Ixora, Aztec Grass, Hibiscus, Variegated
Schefflera, Dwarf Mexican Bluebell, Purple Queen, and some annuals.
Building / Site: The IPUD zoning district allows buildings to reach a maximum height of 45 feet, however, a
lesser height could be imposed if compatibility with adjacent properties becomes an issue.
The proposed two (2)-story fee-simple townhouses will be 25.5 feet at the bond beam of the
roof. According to site plan (sheet SP 1) a C.B.S. wall, six (6) feet in height would be placed
along most of the west property line and the entire north property line. The new wall would
be setback at least four (4) feet from the north and west property line (facing U.S. 1 and
Shore Drive).
The 20 dwelling units are proposed to be contained within 4 separate buildings on the 1.75-
acre site. The proposed density is 11.46 dwelling units per acre. Each of the 4 buildings
will contain one (1) of two (2) types of units. The model styles range from three (3) to four
(4) bedrooms with three (3) bathrooms but vary slightly in terms of their overall area. The
models are as follows: three (3) bedroom/3 bath units (1,944 square feet), and four (4)
bedroom/3 bath units (2,234 square feet) which are located at the end of each proposed
building.
The IPUD zoning district has no actual building setback requirements, however, the
buildings are arranged in such a way that theywill exceed the basic development standards.
All of the five (5)-unit buildings are proposed to be setback between 7.5 feet to 16 feet from
any property lines. The building separation is proposed at a minimum of 20 feet.
Page 4
Merano Bay Site Plan Review Staff Report
Memorandum No. PZ 02-209
· ommunity Design: The proposed buildings and clubhouse resemble a Neo-Mediterranean design. The majority
of exterior walls of the buildings will have a stucco finish with two (2) options of color, but
one (1) option per building. The color options are proposed as follows: Benjamin Moore
#2153-40 Cork and Benjamin Moore Chester Town Buff #HC9. However, at the level of the
second story the wall will be accentuated with a pattern of diagonal stucco score lines on
the front and sides of the buildings while the remainder of the walls at the end of the
buildings will show a series of vertical and horizontal score lines. All accent features such as
entry doors, pre-cast concrete balustrades and caps, pre-cast columns, and all architectural
enhancements such as raised trim and smooth stucco banding will be painted Lancaster
White or Navajo White. The overhangs will be painted Benjamin Moore Rich Clay Brown
#2164-30. The roof is proposed to be constructed of Spanish roof tiles, terra-cotta in color.
The proposed development would have a buffer wall six (6) feet in height mainly along the
west and north property lines. The color of the wall is unknown. However, staff is
recommending that the wall be painted to match the color ofthe buildings.
The plans propose one (1) type of freestanding outdoor lighting fixture, namely, the Type "A"
light post. The light post will be 18 feet tall. The material will be a round concrete pole, white
in color.
Signage: No project signs are proposed at this time. Any future signage will require separate review
and approval by the CRA Board (see Exhibit "C"- Conditions of Approval).
~ESIGN ANALYSIS & CRITIQUE:
A master plan is required for all requests to rezone to Planned Unit Development (PUD) or Infill Planned Unit
Development (IPUD). For this project, the site plan also functions as the master plan. Generally, staff is in favor of
converting the existing vacant commercial property to a residential use and to increase the overall allowable
density to 11.46 dwelling units per acre. However, this exceeds the maximum density of the High Density Land
Use Classification.
Under its present land use and zoning the property could be developed for the range of commercial uses
permitted within the C-3 Community Commercial zoning district and existing Local Retail Commercial designation,
which includes residential multi-family use at a density of 10.8 dwelling units per acre for a total of 18.9 units. This
land use designation also allows rezoning to the IPUD z~ning district at a densityof 10.8 dwelling units per acre for
a total of 18.9 units. The developer requested a change of land use to High Density Residential, which also has a
maximum density of 10.8 dwelling units per acre, while a change to Special High Density Residential land use
would allow the necessary 20 dwelling units per acre. The High Density Residential (HDR) land use designation
allows for the following zoning districts: Multi-Family Residential (R-3), PUD, and the IPUD. The R-3 zoning district
contains restrictions on minimum lot size (4,000 square feet) and building setbacks. The setbacks for the R-3
zoning districts are as follows: Front - 40 feet, Side - 20 feet, and Rear - 40 feet. The lot size and building
setback requirements of the R-3 zoning district are much more stringent than the self-imposed restrictions of the
IPUD zoning district. As previously stated, the :--IDR land use designation also allows for the PUD zoning district.
The intent of the PUD is to promote and encourage development in tracts that are suitable in size, location and in
character for the intended uses and structures proposed within them. The development shall be planned and
developed as unified and coordinated units. However, the minimum recommended land area necessary for the
PUD designation is five (5) acres. The subject property is less than five (5) acres and therefore is not ideally
suitable for to the PUD 2~ning district.
,e City Commission adopted the Federal Highway Corridor Redevelopment Plan on May 15, 2001 to allow for a
variety of housing styles at intensities that will assist in supporting the downtown redevelopment. It also served as
a catalyst to encourage redevelopment and infill development of the eastern portion of the City along Federal
Page 5
Merano Bay Site Plan Review Staff Report
Memorandum No. PZ 02-209
Highway and to promote the overall general economic expansion of the City. Implementation of the Plan include
an amendment to the Land Development Regulations to create the IPUD zoning district. This new zoning district
allows for a greater variety of housing types in order to redevelop infill parcels, specifically along the Federal
Highway corridor. This new zoning district allows for greater flexibility in terms of lot size and setback restrictions.
As promulgated in the Comprehensive Plan, all development proposed within the IPUD should exceed the basic
development standards of the conventional residential zoning districts. This characteristic should be evident in
terms of a project's site design and site amenities. This project represents one of the first requests for the IPUD
zoning district designation. Staff recognizes this circumstance and expects the best possible development, in
particular, that this project will set the standard for future IPUD developments. Staff determined that the layout of
the buildings, the allocation of back-up space, and the distance between each building are in the optimal
configuration and therefore, exceed the basic development standards.
In conclusion, the proposed site plan does not meet the intent of the Comprehensive Plan regarding the High
Density Residential land use designation and the IPUD zoning district due to it exceeding the maximum density by
two (2) units. As previously stated, the subject property would be eligible for 10.8 units /acre or 18.9 total units if
converted to a residential use under the existing commercial zoning or reclassified to the High Density Residential
land use classification. The plan proposes 20 total units or two (2) additional units over the current maximum
allowable number of units. Therefore, the project must be reduced by two (2) units or the land use reclassified to
Special High Density Residential Density classification.
R£COMM£NDATION:
Staff recommends that this site plan request be approved contingent upon the approval of the concurrent
land/use rezoning requests and all other comments included in Exhibit "C" - Conditions of Approval. The
Technical Review Committee (TRC) recommends that the de~ciencies identified in this exhibit be corrected
on the set of plans submitted for building permit.
xc: Central File
S:\Planning\SHARED\WP~PROJECTS',MERANO BAY~NWSP.02-014~TAFF REPORT.doc
Location Map EXHIBIT"A"
Merano Bay
i I LAKE WORTH
/ ~ ICWW
C-16
800 0 800 Feet
EXHIBIT 'lB"
EXHIBIT "B"
EXHIBIT "B"
EXHIBIT "B"
EXHIBIT "B"
EXHIBIT "B"
,
EXHIBIT "B"
~>~
EXHIBIT "B"
EXHIBIT "B"
EXHIBIT "B"
-~.- ~ ~._____.~
EXHIBIT "C"
Conditions of Approval
Project name: Merano Bay
File number: NWSP 02-014
Reference: 2nd Review plans with a Planning & Zoning date stamp marking of September 24, 2002.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments:
1. Minimum backup distance for 90° parking is 24 feet. Revise roadway width X
accordingly.
2. Reference FDOT Standard Index 546 for the sight triangles along all collector X
and arterial roadways. A 10 feet x I0 feet sight triangle is inadequate for
Federal Highway. It is also necessary to check sight distances at the
intersection of Shore Drive and Federal Highway to ensure there is no conflict
with sight distances and the new privacy wall on the north property line
UTILITIES
Comments:
3. Fire flow calculations will be required demonstrating the City Code X
requirement of 1,500 g.p.m, as stated in the LDR, Chapter 6, Article IV,
Section 16, or the requirement imposed by insurance underwriters, whichever
is greater (see CODE, Section 26-16(b)). In addition, the LDR, Chapter 6,
Article IV, Section 16 requires that all points on each building be within 200
feet of an existing or proposed fire hydrant. Please demonstrate that the plan
meets this condition, by showing all hydrants, both existing and/or proposed.
4. A "Hold-Harmless" agreement with the Utilities Department, for maintenance X
and repairs, will be required where paverblock is placed within the utility
easements.
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
Comments:
5. All work done within the Federal Highway right-of-way shall require FDOT X
approval and permitting.
6. Sheet SP-! of 1 refers to the relocation of several signs and power poles along X
Federal Highway. Indicate where the signs will be relocated to and who will
perform the work. All work done within the Federal Highway right-of-way
will require FDOT approval and permitting.
7. Indicate to what standard the project is to be constructed; if the FDOT X
Standard Specifications for Road & Bridge Construction and Standard Index
are to be used - the 2000 Specifications are recommended since they contain
both English and Metric units.
8. Provide written and graphic scales on all sheets. X
9. Sections A-A, B-B, and C-C are indicated on Sheet DI of 1 but no typical X
sections were found in the plan set.
10. Provide a detail for the paverblock driveways. X
BUILDING DIVISION
Comments:
11. Sheet A-1 - Pool House Front Elevation - shows a water feature and floor X
plan shows a drinking fountain. Clarify. Drinking Fountain shall comply with
2001 Florida Building[ Code, Section 11-4.1.3 (10)(A).
PARKS AND RECREATION
Comments:
12. The Park and Recreation Facilities Impact Fee requirement for Single Family X
Attached Homes is based on $771 per unit. Since there are 20 single family
attached homes shown on the plan, the fee is computed to be $15,420 ($ 771
x 20 units). Fee is due at the time of the fa:st applicable building permit.
FORESTER/ENVIRONMENTALIST
Comments:
13. The applicant should provide.a tabular summary on sheet L-I showing that X
the site contains a minimum of 50% native species. All trees must be
minimum of 12 feet in height. Revise plans.
DEPARTMENTS INCLUDE REJECT
PLANNING AND ZONING
Comments:
14. Approval of this site plan is contingent upon the approval of rezoning to Infill X
Planned Unit Development (IPUD) and the removal of two (2) units or a
subsequent reclassification to the Special High Density land use classification
which allows the proposed density.
15. The site plan tabular data indicates that the total pervious area is 0.74 acres or X
42.7% of the total site. Likewise, the tabular data indicates the setbacks for
concrete patios for each townhouse, which can be built out in the future. In
the tabular data, provide the pervious area if all townhouses built concrete
patios pursuant to the PUD's self-imposed restrictions. In addition, on the
site plan, outline the area (in a soft dashed line) of the patio area if developed
according to the maximum allowable restrictions.
16. If a fence is required around the pool / clubhouse area, provide a detail of the X
fence including the dimensions, material, and color (Chapter 4, Section 7.D.).
17. Fifty percent (50%) of site landscape materials must be native species. X
Indicate the percentage amount of native material in the plant list of the
landscape plan (Chapter 7.5, Article II, Section 5.P).
18. Coordinate with the City Forester / Environmentalist regarding the installation X
of brick pavers and palm trees within the U.S. 1 right-of-way.
19. Staff recommends placing a Palm Tran bus shelter along Federal Highway. X
The shelter dimensions are typically six (6) feet in width by nine (9) feet in
length. If a bus shelter is located nearby, staff would also recommend
collaborating with Palm Tran and the affected property owner (FDOT) in
order to upgrade the facility.
20. No signage was submitted with these plans. Any proposed sign will require X
separate review and approval by the CRA Board.
21. Provide a note on the plan stating that the proposed buffer wall will be X
painted to match the color of the buildings.
22. On the elevation sheet label all major exterior finishes to include the X
manufacturer's name and color code.
23. A 24-foot backup is required for units 1 and 20. A waiver is required. X
24. Staff recommends additional landscaping consistent with the overall X
landscape plan at the end of the buildings to enhance the buildings facade as
seen from adjacent residential properties to the east.
25. To fully maximize the two (2) spaces provided in front of the buildings, staff X
recommends adjusting the landscape material to allow a two (2) foot
overhang.
Conditions of Approval
4
DEPARTMENTS INCLUDE REJECT
ADDITIONAL COMMUNITY REDEVELOPMENT BOARD AGENCY
CONDITIONS
Comments:
26. Any proposed wall within the development shall be C.B.S. only. X
27. Increase the proposed garage openings to nine (9) feet in width. X
28. Increase the central green area around the pool to accommodate more X
landscaping while maintaining minimum turning radius.
29. Enhance the side elevations of units #1 and #20 adjacent to North Federal X
Highway with the same architectural elements found on front facades
30. Enhance the rear elevations of buildings #1, #2 and g4 with similar features X
(i.e., balconnettes, balustrades, mouldings, etc.) found on front facades.
31. Extend the base score line around the end facades of the purposed buildings. X
32. Staff to coordinate with the applicant the details of the waiver for the X
driveway dimension on units #1 and #20.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined.
S:\Planning\SHARED\WP\PROJECTS\MERANO BAY~NWSP\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE ~
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Merano Bay
APPLICANT'S AGENT: Carlos Ballbe, Woodside Land Development Corporation
APPLICANT'S ADDRESS: 4200 NE 15th Avenue, Ft. Lauderdale, FL 33334
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 6, 2002
TYPE OF RELIEF SOUGHT: Request site plan approval for 20 fee-simple townhomes on a 1.75
acre parcel in an IPUD.
LOCATION OF PROPERTY: Southeast corner of North Federal Highway & Shore Drive
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
~ HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
~ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
S:',Planning~SH AR ED\W P'~RO JECTS\M E RAN O BAY~IWSP\DO.doc
VII.-CONSENT AGENDA
CITY OF BOYNTON BEACH ITEM E.3.
AGENDA ITEM REQUEST FOI ,.
Requested City CorrmUssion Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
[] August 6, 2002 July 17, 2002 (5:00 p.m.) [] October 1, 2002 September 16, 2002 (Noon)
[] August 20, 2002 August $. 2002 (Noon) [] October 15, 2002 September 30. 2002 (Noon)
[] September 3, 2002 August 19, 2002 (Noon) [] November 6, 2002 October 14, 2002 (Noon)
[] September 17. 2002 September 3. 2002 (8:00 a.m.) [] November 19, 2002 November 5, 2002 (Noon)
[] Administrative [] Development Plans
NATURE OF [] Consent Agenda [] New Business
AGENDA ITEM [] Public Hearing [] Legal
[] Bids [] Unfinished Business
[] Announcement [] Presentation
[] City Manager's Report
RECOMMENDATION: Please place this request on the October 15, 2002 City Commission Agenda under
Consent Agenda. The Community Redevelopment Agency Board with a 3 to 2 vote, recommended that the subject request
be denied. For further details pertaining to the request, see attached Department of Development Memorandum
No. PZ 02-201.
EXPLANATION:
PROJECT: GATEWAY TEXACO (ADAP 02-001)
AGENT: Beril Kruger
OWNER: Zuhair Marouf
LOCATION: 2360 North Federal Highway
DESCRIPTION: Appeal of administrative determination that proposed improvement of gas station is an
unlawful expansion of legal non-conforming use.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES:~, l/''~{~/]/ N/A ~ ~~ ,- -,
De~elopmeniII~ar~"~'nt'~i~ector City Manager's Signature
Planning and Zonin~'l~(irector City Attorney / Finance / Human Resour¢cr¢,
S:~Planning\SHARED\WPYPROJECTS\Gateway TexacoXAgenda Item Request Gateway Texaco ADAP 02-001 10-15-02.dot
S:\BULLETINXFORMSXAGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
MEMORANDUM NO. PZ 02-201
TO: Chairman and Members
Planning and Development Board
FROM: Michael Rumpf
Planning and Zoning Director
DATE: September 27, 2002
SUBJECT: Gateway Texaco Gas Station - Administrative Appeal (ADAP 02-001)
Expansion of nonconforming use for storage of retail merchandise
(Revised)
Project Name: Gateway Texaco (ADAP 02-001 )
Location: 2360 North Federal Highway
Owner: Mr. Zuhair Marouf
'Agent: Mr. Beril Kruger, Beril Kruger Planning and Zoning Consultants
Request: Notice of Appeal from the July 16, 2002 decision of the Planning
and Zoning Director, identifying proposed improvement as unlawful
expansion of nonconforming use.
BACKGROUND
Request for proposed expansion
The subject property owner desires to expand the above-referenced use to provide
additional building area for the storage of merchandise. The proposed expansion was
presented to staff who was requested to respond in writing as to whether said
improvement would be allowed by city regulations. On July 16, 2002 the Planning and
Zoning Director rendered an administrative decision that the proposed change to the
above-referenced business would be prohibited by city regulations. Code sections cited
in this determination included the Land Development Regulations, Chapter 2, Sections
"D" and "G" (See Exhibit "A"- Administrative Determination).
In accordance with the Land Development Regulations, Section 11.L,(3)(a)(2), the
subject gas station is a legal non-conforming use (see Exhibit "B"- Code Excerpt-Sale of
Gasoline). Item "a" (2) of Paragraph #3 limits establishments that sell gasoline as
follows:
"(2) Gasoline dispensing establishment shaft only be located at any
intersection consisting of roads of four (4) lanes or wider."
The Gateway Texaco Gas Station is located at the unaligned intersection of Gateway
Boulevard/Las Palmas and North Federal Highway, which is an intersection with a local
street containing only two (2) lanes. The subject use is therefore a nonconforming gas
station by virtue of its existing location.
Improvements allowed to non-conforming uses are limited to ordinary repairs,
maintenance, and improvements, pursuant to the Land Development Regulations,
Chapter 2, Section 11.1, paragraph "D"(1)and (2). An excerpt of these paragraphs read
as follows:
Paragraph (1) "No nonconforming use may be extended to occupy any
land outside the building or other structure, nor any additional building or structure on
the same plat, which was not used for such nonconforming use at the effective date of
the adoption or amendment of these regulations."
Paragraph (2) "No structure used for a nonconforming use shall be
enlarged, extended, reconstructed or structurally altered, unless the use is changed to
one which complies with the provisions of this chapter [ordinance]."
Furthermore, paragraph "G" of this same section limits changes in nonconforming uses
to uses which would be conforming in the district in which the subject land or building is
located (see Exhibit "C"- Code Excerpt- Nonconforming Uses).
On July 31, 2002, Mr. Kruger, agent for the property owner, addressed a letter
requesting a formal appeal be processed to the subject administrative determination
(see Exhibit "D" - Request for Appeal). In summary, the appeal justifies the proposed
expansion by the position that retail sales at this business is a separate component
from the non-conforming aspect-gasoline sales, which component can therefore be
altered/expanded independent of the gasoline sales element of the business. The
applicant supports this position that retail sales is distinguishable from gas sales by the
absence of other nearby convenience stores, and therefore the high demand for
convenience item sales at this location. The applicant states that
"The location of this convenience store makes it very convenient for these people to
shop at this store who do not need gasoline. Many people just shop in this store to
purchase milk, cigarettes, soda, and other products where if this convenience store
were not here, they would have to drive up to Hypoluxo Road to the Winn Dixie .... "
Procedure
Appeals to administrative determinations are processed in accordance with the
procedures outlined in Chapter 1.5, Article I, Sec. 4.1, "E". of the Land Development
Regulations (see Exhibit "E"). Under these procedures the Planning and Development
Board hears the appeal and renders a decision that must be ratified by the City
Commission.
ANALYSIS/CONCLUSIONS
The analysis conducted in response to the subject appeal concentrated on the following
two facts:
1) The subject determination by the Director represents the consistent interpretation
and application of the Land Development Regulations which clearly prohibit the
proposed improvement;
2) The lack of proof that the proposed expansion is necessary for the continued
operation of the principal use.
With respect to item #1 above, the subject administrative determination represents the
consistent application of the non-conforming regulations. Planning and Zoning staff has
applied this same interpretation of the non-conforming regulations on previous
occasions when confronted with requests for similar expansions to non-conforming gas
stations. There has been a trend over the past few years to expand the retail
components of gas stations, including the replacement of an auto-repair function with
the increase in retail sales space. While the increase in retail space done in
conjunction with the elimination of automobile repair services has been construed as
allowed by city regulations, this interpretation was generated based on the facts that a
nonconforming element of the use was being eliminated, and there was no physical
expansion of the principal structure from which the business operated (nor a movement
of any aspect of the non-conforming use into a portion of the building not originally
occupied by any aspect of the non-conforming use).
A reverse in this determination would affect more than just the subject gas station.
Rather, other owners of non-conforming uses (not limited to just owners of gas stations)
would be motivated to consider, or reconsider possible expansions to their respective
businesses arguing and justifying their position that the proposed improvements do not
expand the nonconforming aspect of the business. It should be noted that other
nonconforming uses that could be subject of potential similar requests could include
adult entertainment establishments.
With respect to item #2 above, additional research by staff has concluded that the
courts have supported the expansion of nonconforming uses to accommodate
accessory uses. However, this support appears to be conditioned upon the accessory
use being necessary for normal operation of the principal use, and otherwise a hardship
on the owner without said accessory use. This same document, Zoning and Land Use
Controls (Mathew Bender & Co, Rel. 32-2/91; Pub. 845), cites as an example of a
permissible accessory use the sale of alcohol at a restaurant, and a non-permissible
use a car wash at a gasoline station. Even if this more liberal conclusion from court
precedents were stretched to apply to this case, which may potentially support the
accessory use of retail sales to the gasoline service station, the owner would still be
required to prove that the subject expansion is necessary for the normal operation of
the principal use-the sale of gasoline. It should noted that retail sales were increased
previously at this business, timed with the elimination of the automobile service function
of the business. At that time, the space allocated to convenience sales increased
significantly. If in fact the retail sales component were to be construed as a separate
element and business activity from the gas station, rather than an accessory activity,
than the code further supports the denial of this expansion of a business which may
directly or indirectly enhance (i.e. support beyond what was originally approved at this
location), the non-conforming gas station.
RECOMMENDATION
Staff recommends that the request for appeal be denied, thereby affirming the original
determination by staff that the subject expansion of the Gateway Texaco Gas Station
would be an unlawful expansion of a legal, nonconforming use. This recommendation
is based on the following conclusions:
1 ) The subject determination by the Director represents the consistent interpretation
and application of the Land Development Regulations;
2) The sale of gasoline is the principal use of the subject business which is located
on one parcel within a single structure, and therefore cannot be viewed separate
from accessory components such as retail sales; and
3) The applicant has not proven that the further expansion of the building and retail
sales aspect of the business is mandatory for the continued normal operation of
the principal use, and that if denied a hardship would be imposed.
In conclusion, staff reiterates the intent of the non-conforming regulations to encourage
the eventual relocation or elimination of such businesses. Therefore, staff recommends
that if the City Commission supports the continued operation and expansion of the
subject station, this situation should more appropriately be addressed through a code
review process. Of course this alternative is communicated with caution and
reluctance, due to the risk of code modifications potentially accommodating new and
existing non-conforming gas station uses where inconsistent with redevelopment efforts
or city vision.
Attachments
MR
S:\Planning\SHARED\WP\PROJECTS\Gateway Texaco\Staff report ADAP 02-001 .doc
DEPARTMENT OF DEVELOPMENT EXHIBIT A
PLANNING AND ZONING DIVISION
· Building · Planning & Zoning · Occupational Licenses · Community Redevelopment
.~uly 16, 2002
Mr. Beril K_n. tger
Planning & Zoning Consultant
9 Northeast 16th Street
Delray Beach, FL 33444
Subject: 1) Expansion of Texaco Gas Station at 2360 N Federal Highway
2) Driveway Connection from Texaco Station and Approved Car Wash Project
Dear Mr. Kruger:
The intent of this letter is to clarify information provided to you in a previous letter dated June 14,
2002. Please be informed of the conclusion reached that pursuant to the Land Development
Reg'ulations, Chapter 2, Sections "D" and "G", the above-referenced changes are prohibited due to the
their involvement with a non-conforming use. However, with respect to item #2, the physical
connection could only occur through a recorded access easement that v¥ould connect the car wash
parcel to the northernmost gas station driveway at Federal Highway. Of course this is contingent upon
all modifications to the Texaco site being code-compliant. These changes should be processed as a
minor modification request to the existing site plan wkich is described by the attached fact sheet.
Please be sure to include all site/tabular data on the revised plans including the tabulation of required
and provided parking, and aisle and parking space dimensions.
Please be informed that you may not proceed with item #! due to it involving the physical expansion
of a non-conforming use; however, this clarifying letter should be construed as the final administrative
decision to which you would file an appeal in accordance with the Land Development Reg'ulations,
Chapter 1, Article VII, Section 1. If you still desire to appeal, please provide this office with a revised
application (letter) for appeal which we will apply to the same fee, and application file that has been
recently created. If based upon this letter you no longer prefer to file an appeal, please inform me of
same in writing so that your application can be closed. Please be reminded of the filing requirements
to appeal and contact me should you have any questions.
Sincerely,
Michael W. Rumpf
Director of Planmng and Zoning
MWR:jdc
CC: Kurt Bressner
Attachment
S:'Plannin~',SHAR/D\WP'COR.Rl!SP'Cortesl~ A tlma L'X.r'ager. Benl Re T¢,~co Station Expansion.doc
City of Boynton Beach · 100 East Boynton Beach Blvd., P.O. Box 310 · Boynton Beach, Florida 33425-0310
Phone: (561) 742-63E0 · www. ci.boynton-bench.or
EXHIBIT B
L. COMMERCIAL ESTABLISHMENTS ENGAGED FiN' THE RETAIL SALE OF G.-x.50l.l.r.
OR GASOLINE PRODUCTS.
1. Purpose. The purpose of these regulations is to establish development standards for
commercial establishments which engage in the sale of gasoline, or other motor fuels. These
regulations are intended to cover businesses of any type, including convenience stores and
automotive service stations. The development standards established by this section would overlay
the development criteria stated in the zoning district in which these uses are allowed. Businesses,
v/hich engage in the sale of gasoline or other motor fuels, shall require conditional use approval.
2. Definitions. For the purpose of this ordinance, the follo:ving definitions shall apply:
Ancillary building or structure. A building or structure incidental to, subordinate to and
subservient to the principal building or structure located on the premises.
Ancillaw use. A use incidental to, subordinate to and subservient to the principal use of the
premises.
Automotive service station. The use of a building or other structure, on a lot or parcel of
land which includes any retail sale of gasoline or other motor fuels.
Convenience store. Any place of business that is engaged in the retail sale of groceries,
including the sale of prepared foods, and gasoline and services. The term "convenience store" does
not include a store which is solely or primarily a restaurant.
Gasoline dispensing establishments. Any commercial enterprise, including automotive
service stations and convenience stores, which engage in the sale of gasoline or other motor fuels to
the public.
Grade separated intersections. Use of the term grade separated intersections shall mean
any intersection wherein one road passes over another road by means of a bridge or an overpass.
3. Development standards which apply to all gasoline dispensing establishments except
those described under Subsection 4. of this section below:
a. Location.
(1) All gasoline dispensing establishments not determined to be ancillao' uses as
described in Subsection 4. below, shall be located only at the intersection of any combination of the
following roads as designated in the Boynton Beach Comprehensive Plan:
County arterial,
State arterial,
Local collector, or
County collector.
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(2) Gasoline dispensing establishment shall only be located at any intersections
consisting of roads of four (4) lanes or wider.
(3) The maximum number of gasoline dispensing establishments located at any
intersection shall be two (2). Gasoline dispensing establishments shall only be located at diagonal
comers of permissible intersections.
b. Minimum plot size: thirty thousand (30,000) square feet.
c. Minimum street frontage: one hundred seventy-five (175) feet on each frontage
measured from the intersecting right-of-way lines of the public streets.
d. Driveways
(1) No driveway shall be located less than one hundred ten (l 10) feet fi'om the
intersecting right-of-way lines of public streets.
(2) Driveways shall be a minimum of thirty (30) feet and a maximum of forty-five (45)
feet in width.
(3) Driveways shall not be located less than thirty (30) feet from any interior property
line.
(4) Driveways will be limited to one (1) per street frontage.
e. Setbacks. Setback requirements shall apply to all structures on the property including
the primary structure, or any accessory structures such as car washes or above-g-round storage
facilities.
(1) Front -- 35 feet.
(2) Side -- 20 feet.
(3) Rear -- 20 feet.
(4) Other:
(a) No canopy shall be located less than twenty (20) feet from any property line.
(b) No gasoline pump island shall be located less than thirty (30) feet from any
property line.
(c) The entrance to a building wherein motor vehicles are washed by mechanical
means shall be located a minimum distance of seventy-five (75) feet from the street lines to provide
an off-street area of waiting vehicles. Car washes shall be a permitted accessory use at gasoline
dispensing establishments. Car washes shall:
1. be fully automatic;
2. recycle all water used in the car washing process.
f. Buffers.
(1) A ten-foot wide landscape buffer shall be located along the street frontage. This
buffer shall contain one (1) tree ten (10) to fifteen (15) feet in height with a minimum three-inch
caliper every forty (40) feet, a continuous hedge txventy-four (24) inches high, twenty-four (24) inches
on center at time of planting with flowering groundcover.
(2) Interior property lines.
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(a) A ten-foot wide landscaped buffer shall be located on all interior property lines.
When the buffer separates the property from a residentially zoned property, the buffer shall contain a
six-foot concrete wall landscaped on the exterior side by a continuous hedge no less than thirty-six
(36) inches high and planted twenty-four (24.) inches on center at time of planting; trees ten (10) to
fifteen (15) feet in height with three-inch caliper every forty (40) feet; and ~oundcover. When the
buffer separates the property from other commercial property, the buffer shall not be required to
contain a concrete wall. Landscaping shall be continuously maintained.
1. The wall shall be kept in good repair and appearance at all times.
2. Openings with gates may be allowed ',,,'here deemed appropriate by the City
Commission.
o Desig-n criteria.
,~'
(1) All gasoline dispensing establishments located on designated out-parcels to
shopping centers, business centers, or other planned commercial developments shall conform in
design to the approved desig-n plan of the principal center.
(2) Gasoline dispensing establishments shall conform to the community desig-n plan.
(3) All gasoline dispensing establishments shall not install exterior site lighting ~vhich
exceeds photometric levels of 60-foot candles average maintained. Light fixtures must be baffled,
shielded, screened or recessed to prevent visibility of the lit portion of the fixture from off the
premises.
h. Conditional use. Gasoline dispensing establishments are hereby designated as a
conditional use as that term is defined in Section 11.2.
i. Distance separation requirements. No gasoline dispensing establishment shall be
located within two hundred (200) lineal feet from a residential structure. Distances for the purpose of
this subsection shall be measured from the boundary line of the parcel on which the gasoline
dispensing establishment is located to the closest boundary wall of the residential structure.
(4) As to all gasoline dispensing establishments that are an ancillary use located or
operated in or from an ancillary building or structure within a parcel of land of not less than ten (10)
acres within a "Planned Commercial District" (PCD) governed by Section 6.F. of the City of Boynton
Beach Zoning Code, and which gasoline dispensing establishment is operated by the person(s) or
entity(s) that operates the principal use located on such parcel of land; and do not meet all of the
requirements set forth under Subsection 3, above, the following shall be applicable:
a. Setbacks. Setback requirements shall apply to all structures on the portion of the
property on which the gasoline dispensing establishment is located, including the primary structure
for the gasoline dispensing establishment, or any accessory structures such as above g-round storage
facilities.
(1) Front - 35 feet.
(2) Side - 20 feet.
(3) Rear - 20 feet.
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(4) Other:
(a) No canopy shall be located less then twenty (20) feet from an,,,' property line.
(b) No gasoline pump island shall be located less than thirty (30) feet from any
property line.
(c) No gasoline pump island or canopy shall be located less than two hundred (200)
feet from any public right-of-way.
(d) No gasoline dispensing establishment shall be located within two hundred
(200) feet from a residential structure. Distances for the purpose of this subsection shall be measured
fi.om the closest gasoline pump island or canopy of the gnsoline dispensing establishment to the
closest boundary ,,vail of the residential structure.
b. Buffers. Except for permitted drivexvay openings, a five (5) foot wide landscaped
buffer shall be located around that portion of the parcel of ~vhich the gasoline dispensing
establishment is located. When the buffer separates the portion of the property on which the
gasoline-dispensing establishment is located fi.om a residentially zoned property, the buffer shall
contain a six (6) foot high concrete wall landscaped on the exterior side by a continuous hedge no less
than thirty-six (36) inches high and planted t~venty-four (24) inches on center at the time of planting;
trees ten (10) to fifteen (15) feet in height with three-inch caliper every forty (40) feet; and
groundcover. When the buffer separates the portion of the property on which the gasoline dispensing
establishment is located from other commercial property, the buffer shall not be required to contain a
concrete wall. Landscaping shall be continuously maintained.
(1) The wall shall be kept in good repair and appearance at all times.
(2) Openings with gates may be allowed where deemed appropriate by the City
Commission.
c. Design criteria.
(1) All gasoline dispensing establishments under this Section 4. shall conform to the
community design plan.
(2) No gasoline dispensing establishments under this Section 4. shall be permitted to
advertise product pricing on the site sign identifying the primary tenant or occupant.
(3) All gasoline dispensing establishments under this Section 4. shall not install
exterior site lighting ~vhich exceeds photometric levels of 60-foot candles average maintained. Light
fixtures must be baffled, shielded, screened, or recessed to prevent visibility of the lit portion of the
fixture from off the premises.
d. Conditional use. Gasoline dispensing establishments defined as ancillary to a principal
tenant of a planned commercial district are hereby desig-nated as a conditional use as that term is
defined in Section 11.2.
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EXHIBIT C
D. NONCONTOi:LMENG USES OF STRUCTURES.
1. The nonconforming use of a building or other structure may be extended throughout any
part of the building or structure which ~vas clearly designed and intended for such use at the date of
the effective adoption or amendment of these regulations. Any' nonconforming use which occupies a
portion of a building or other structure not originally designed or intended for such use shall not be
extended to any other part of the building or structure. No nonconforming use may be extended to
occupy any land outside the building or structure, nor any additional building or structure on the same
plat, which ~vas not used for such nonconforming use at the effective date of the adoption or
amendment of these regulations.
2. No structure used for a nonconforming use shall be enlarged, extended, reconstructed or
structurally altered, unless the use is changed to one which complies with the provisions of this
chapter [ordinance]. However, ordinary repairs, maintenance and improvements, such as plumbing
or wiring, replacement of nonbearing walls, fixtures or other interior alterations, shall be permitted
each year in an amount not to exceed t~venty-five (25) percent of the assessed value of the building or
structure for that year as determined by the Palm Beach County Property Appraiser, subject to the
provisions of the preceding para~aph and provided such work does not increase the cubic volume of
the structure, the floor area devoted to the nonconforming use or the number of d~velling units.
Nothing in these regulations shall prevent compliance with applicable laws or ordinances relative to
the safety and sanitation of a building occupied by nonconforming use.
E. NONCONFORMING STRUCTURES. The la~vful existence of a structure or building at the
effective date of the adoption or amendment to these regulations, although such structure or building
does not conform to the building and site regulations of these regulations for minimum lot area and
dimensions, minimum yard setback requirements, maximum building height, total floor area
requirements, or other characteristics of the structure, or its location on the lot, may be continued so
long as it remains otherwise lawful. A nonconforming structure or building (as opposed to a structure
or building used for a nonconforming use) may be maintained and repaired, but it shall not be added
to or altered in a fashion so as to increase the extent to which the structure or building is in violation
of applicable regulations. A nonconforming structure or building may be added or altered if such
alteration or addition does not in itself constitute a further violation of existing regulations.
F. RECONSTRUCTION OR REMOVAL. If any structure is destroyed to such an extent that
the cost of rebuilding, repair and reconstruction will exceed seventy (70) percent of its current
assessed valuation as determined by the Palm Beach County Property Appraiser, or for any reason
is moved any distance, it shall not again be used or reconstructed except in conformity with the
provisions of these Land Development Regulations.
G. CONTINUANCE, DISCONTLN-UANCE OR CHANGE OF NONCON-FORMING USE.
i. A nonconforming use of land or structure shall not be changed to any other use except one
~vhich ~vould be permitted as a conforming use in the district in which the land or building is located.
Ho~vever, no change shall be required in the plans, construction, or designed use of any structure for
which a building permit was lawfully issued pursuant to Chapter 20 of the Land Development
Regulations, and upon ~vhich c.onstmction has actually begun prior to the effective date of the
adoption or amendment of these regulations.
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2. Any part of a structure or land occupied by a nonconforming use which is changed to or
occupied by a conforming use shall not thereafter be used or occupied by a nonconforming use.
3. If for any reason a nonconforming use of land, structure or any part thereof ceases or is
discontinued for a period of more than six (6) consecutive months, except when government action
impedes access thereto, the land shall not thereafter be used for a nonconforming use.
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:'il li, rllller planning and zoning consultants EXHIBIT D
rezoning
concurrency
conditional
use,
July 31, 2002 special
~:: _ ~ exceptions,
-- ,~ DRC approval
Mr. Michael W. Rumpf, Director site plans
Planning and Zoning Department annexations
City of Boynton Beach comp plan
100 East Boynton Beach Blvd. amendments,
P.O. Box 310 variances
Boynton Beach, FL 33425-0310 (county, state,
municipal)
abandonments
RE: Expansion of Texaco Gas Station at 2360 N. Federal Highway palm beach
broward
Dear Mr. Rurnpf: dade &
all counties
Please let this letter serve as a request to appeal your decisions to the City &cities
Commission regarding an addition at Gateway Texaco, 2360 N. Federal Highway. in florida
A. Expansion of the Texaco Convenience Store (with Fuel Pumps) for dry storage;
1. The expansion of the convenience store (by an addition to rear of 600 sq. ft.)
for dry storaqe only does not increase the non-conformity of the existing
facility and or its current use. The sale of gasoline (non-conforming use
according to the Boynton Beach Zoning Code) at this location will not be
increased. Many people shop at this convenience store that do not purchase
gasoline. We are ready to show the difference in sales between the
customers just purchasing gas, just purchasing groceries and purchasing gas
and groceries.
The closest grocery store to t.his location is the Winn Dixie at Hypoluxo Road and
U.S. Highway 1, which is over a mile away. This convenience store is located
within a short distance to numerous residential subdivisions along the east and west
side of N. Federal Highway between the C-15 Canal and Hypoluxo Road. The
location of this convenience store makes it very convenient for these people to shop
at this store who do not need gasoline. Many people just shop in this store to
purchase milk, cigarettes, soda, and other products where if this convenience store
were not here, they would have to drive up to Hypoluxo Road to the Winn Dixie,
using unnecessary gas, putting additional traffic on the roads, and polluting the air
needlessly. Many people living in this area come to the convenience store by bicycle.
It would be doing a disservice not to allow the addition on the rear of this building for
dry storage only.
Building an addition on the rear of the convenience store just for dry storage is not
only a necessity for Mr. Marouf, but it may possibly cause him to go out of business
if it is not allowed. Mr. Marouf had purchased a trailer, which is parked adjacent to
9 northeast 16th street * delray beach, florida 33444
(561) 265-4983 * fax (561) 265-4611 * e-maih bkruger@bellsouth.net
Mr. Michael W. Rumpf, Director July 31, 2002
page 2
the parking area south of the building. The only purpose for this trailer is to store
sodas (An existing Code Enforcement Violation described below). There is not
enough room in the building to store the soda and that is the reason the addition is
being requested. Without this additional square footage to store soda, a large part
of the business will be lost. Gas sales may not be discontinued but the convenience
store may be forced to cease operation.
Along with the addition for storage on the rear of the convenience store, Mr. Marouf
will be renovating the exterior of the building to better fit in with the character of the
residential neighborhoods surrounding this property. Our Architect is currently
working on the elevations for the building.
VIOLATION:
Mr. Marouf currently has a violation before the Code Enforcement Board, Case# 1-
1450, Notice Date: June 18, 2001, with a running fine. The violation is for: PT-
LDR.CH2. SEC. 6.C.6. C-3 / EXTERIOR DISPLAY / STORAGE; "STORAGE OF
MERCHANDISE IN THE TRAILER IS NOT PERMITTED." "TRAILER MUST BE
REMOVED." The trailer is being used to store soda. It is not plugged in to
electricity nor does it have an operating refrigeration unit.
The enclosed site plan illustrates where the addition will be located and how the
additional parking spaces will be laid out. Therefore, the Texaco Convenience Store
will not lose parking spaces but gain spaces with the addition for dry storage on the
rear of the building
The only other alternative to allow the expansion of the convenience store for dry
storage and change the convenience store with gas sales to conforming would be to
change the Zoning Code to allow gasoline sales on intersections with other than just
four (4) lanes in both directions. We do not want to do this because of the
ramifications to the entire city by allowing of all of the other gasoline selling
establishments to become conforming.
By allowing the convenience store to expand for dry storage only will not increase
gas sales and therefore will not increase the non conformity of this use.
Berit K~r~, ge r
~,/
SENT BY FACSIMILE AND U.S. MAIL
Reference Pase i ot'~
Boynton Beach, FL Code of Ordinances EXHIBIT E
PART ITl' LAND DEVELOPMENT REGULATIONS*
CHAPTER 1.5 PLANNING AND DEVELOPMENT GENERALLY
Sec. 2.1 Quasi-Judicial Authority., functions, powers and duties.
A. The CRA board shall have the authority and duty to hear and decide, in a quasi-judicial
capacity, administrative appeals, special exceptions and variances.
B. Administrative appeals. The board has the authority to hear and decide appeals when it is
alleged that there is error in any order, requirement, decision or determination made by an
administrative official in the enforcement of any zoning ordinance or regulation adopted pursuant to
the section.
C. Special exceptions. The board has the authority and duty to hear and decide requests for
special exceptions. To decide such questions as are involved in the determination of ~vhen such
special exceptions should be granted. To grant special exceptions ~vith appropriate conditions and
safeguards or to deny such special exceptions when not in harmony with the purpose and intent of
this section. The following standards apply to the board power to grant special exceptions:
1. The board shall find that in granting the special exception, the public interest ~vill not be
adversely affected.
2. The board may prescribe appropriate conditions and safeguards in conformity ~vith this
chapter. Violation of such conditions and safeguards, when made part of the terms under which the
special exception is granted, shall constitute grounds for the revocation of the special exception and
the certificate of occupancy or occupational license associated therewith.
3. The board may prescribe a reasonable time limit ~vithin which the action for which the
special exception is required shall begin or be completed, or both.
D. Variances. The board has the authority and duty to authorize upon appeal such variance
from the teams of a city ordinance as will not be contrary to the public interest when, owing to special
conditions, a literal enforcement of the provisions of the city ordinance ~vould result in unnecessary
and undue hardship.
1. In order to authorize any variance from the terms of an ordinance, the board must find:
a. That special conditions and circumstances exist ~vhich are peculiar to the land,
structure or building involved, and ~vhich are not applicable to other lands, structures or buildings in
the same zoning district.
b. That special conditions and circumstances do not result from the actions of the
applicant for the variance.
c. That granting the variance requested will not confer on the applicant any special
privilege that is denied by this section to other lands, structures or buildings in the same zoning
district.
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d. That liieral interpretations of the provisions of the ordinance would deprive the
applicant of rights commonly enjoyed by other properties in the same zoning district under the terms
of the ordinance and would work unnecessary and undue hardship on the applicant.
e. That the variance granted is the minimum varinnce that will make possible reasonable
use of the land, structure or building.
f. That the grant of the variance will be in harmony with the general intent and purpose
of this chapter and that such variance will not be injurious to the area involved or be otherwise
detrimental to the public welfare.
o For variances to minimum lot area or lot frontage requirements, that property is not
~.~.
available from adjacent properties in order to meet these requirements, or that the acquisition of such
property would cause the adjacent property or structures to become nonconforming. The applicant fo,'
such variances shall provide an affidavit with the application for variance stating that the above
mentioned conditions exist with respect to the acquisition of additional property.
2. In granting a variance:
a. The board may prescribe appropriate conditions and safeguards in conformity with this
section. Violations of such conditions and safeguards, ~vhen made a part of the terms under which the
variance is granted, shall be deemed a violation of this section.
b. The board may prescribe a reasonable time limit within which the action for which the
variance is required shall begin, be completed, or both.
c. Where variances of lot area and maximum densities are requested, and such variance,
if granted, would cause the density to exceed the density shown on the future land use map of the
city's comprehensive plan, the density created shall be construed to be in conformance with the
comprehensive plan if the board finds that the variance meets the conditions set forth in this section
for granting the same, and the variance would only allow for the construction of a single-family
detached dwelling.
_~ E. Procedures for variances, special exceptions and appeals of administrative actions.
1. Exceptions. Under no circumstances except as permitted above shall the board grant a
variance to permit a use not generally or by special exception permitted in the zoning district
involved or. any use expressly or by implication prohibited in the applicable zoning district. No
nonconforming use of neighboring lands, structures or buildings in other zoning districts shall be
considered grounds for the authorization of a variance.
2. Review of administrative orders. In exercising its po~vers, the board may, upon appeal
and in conformity with the provisions of this section, reverse or affirm, wholly or partly, or may
modify the order, requirement, decision or determination made by an administrative official in the
enforcement of any zoning ordinance or regulation adopted pursuant to this section and may make
any necessary order, requirement, decision or determination, and to that end shall have the powers of
the officer from whom the appeal is taken. A majority vote shall be necessary to reverse an order,
requirement, decision or determination of any such administrative official or to decide in favor of the
applicant on any matter upon which the board is required to pass under this section.
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Reference Page
3. Appeals from decision of administrative official. Appeals to the board may be taken by
any person aggrieved or affected by any decision of an administrative official interpreting any zoning
ordinance. Such appeal shall be taken within thirty (30) days after rendition of the order, requirement,
decision, or determination appealed from by filing with the officer from whom the appeal is taken
and with the board, a notice of appeal specifying the grounds thereof.
4. Stay of work and proceeding on appeals. An appeal to the board stays all work on the
premises and all proceedings in furtherance of the action appealed from, unless the official from
whom the appeal is taken shall certify to the board that, by reason of facts stated in the certificate, a
stay would cause imminent peril of life or property. In such case, proceedings or work shall not be
stayed except by a restraining order which may be granted by the board, or by a court of record on the
application, on notice to the officer from whom the appeal is taken and on due cause shown.
5. Hearing of appeals. The board shall fix a reasonable time for the hearing of the appeal,
give the public notice thereof, as well as due notice to the parties in interest, and decide the same
within a reasonable time. Upon the heating, any person may appear in person, by agent or attorney.
Applicants shall be required to file a proper form (supplied by staff), a current certified survey
accompanied by a fee as adopted by resolution of the City Commission. For procedural purposes, an
application for a special exception shall be handled by the board as for appeals.
6. Review of decisions of the Board. Any person may appeal variance, special exception, or
appeal of administrative order to the City Commission of the City of Boynton Beach within twenty
(20) days after rendition of the decision by the CRA board. The decision of the City Commission
shall be deemed final subject only to review by writ of certiorari to the Palm Beach County Circuit
Court.
7. Withdrawal or denial of application.
a. Upon the denial of an application lbr relief hereunder, in whole or in part, a period of
one (1) year must elapse prior to the filing of a subsequent application affecting the same property or
any portion thereof.
b. Upon the withdrawal of an application, in whole or in part, a period of six (6) months
must run prior to the filing of a subsequent application affecting the same property or any portion
thereof, unless the decision of the board is without prejudice; and provided that the period of
limitation shall be increased to a two (2) year waiting period in the event such an application, in
whole or in part, has been twice or more denied or withdrawn.
c. An application may be withdrawn ~vithout prejudice by the applicant as a matter of
ri~ht; provided the request for withdrawal is in writing and executed in a manner and on a form
prescribed by the board and filed with the board at least one (1) week prior to any scheduled hearing
scheduled before the board concerning the application; otherwise, all such requests for withdrawal
shall be with prejudice. No application may be withdrawn after action has been taken by the board.
When an application is withdrawn without prejudice, the time limitations for re-application provided
herein shall not apply.
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Keference Page 4 of 4
F. Advertising requirements. Required advertisements for the applicant's request must appear
in newspaper of general circulation in the City of Boynton Beach, at least fifteen (15) days prior to
the scheduled CRA board meeting. All required notices to surrounding property owners must be
postmarked no later than fifteen (15) days prior to that scheduled public hearing.
(Ord. No. 00-70, § 2, 12-19-00)
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· DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: GATEWAY TEXACO (ADAP 02-001)
APPLICANT'S AGENT: Beril Kruger
APPLICANT'S ADDRESS: 9 NE 16th Street., Delray Beach, FL 33444
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 17, 2002
TYPE OF RELIEF SOUGHT: Administrative Appeal
LOCATION OF PROPERTY: 2360 North Federal Highway
DRAWING(S): SEE EXHIBIT "A", "B", "C", "D", "E" ATTACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development 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. Qther
DATED:
City Clerk
J:\SHRDATA\Planning\SHARED\WP\FORMS\Blanks forms folder\Develop. Order Form-2001-
Revised .doc
VII.-CONSENT AGENDA
ITEM E.2
CITY OF BOYNTON BEAC
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to CiW Clerk's Office
[] August 6, 2002 July 17, 2002 (5:00 p.m.) [] October 1,2002 September 16, 2002 (Noon)
[] August 20, 2002 August 5, 2002 (Noon) [] October 15, 2002 September 30, 2002 (Noon)
[] September 3, 2002 August 19, 2002 (Noon) [] November 6, 2002 October 14, 2002 (Noon)
[] September 17, 2002 September 3, 2002 (8:00 a.m.) [] November 19, 2002 November 5, 2002 (Noon)
[] Administrative [] Development Plans
NATURE OF [] Consent Agenda [] New Business
AGENDA ITEM [] Public Hearing [] Legal
[] Bids [] Unfinished Business
[] Announcement [] Presentation
[] City Manager's Report
RECOMMENDATION: Please maintain this request on October 15, 2002 City Commission Agenda under
Consent Agenda. The Community Redevelopment Agency Board with a unanimous vote, recommended that the subject
request be approved, subject to staff comments, the elimination of one staff condition requiring contribution to area bus
shelter facilities, and additional conditions regarding wall type (C.B.S. only), increasing the central green area around~the
pool, garage openings, and facade enhancements (ends and rear facades). For further details pertaining to this request see
attached Department of Development Memorandum
No. PZ 02-209.
EXPLANATION:
PROJECT: Merano Bay (NWSP 02-014) c
AGENT: Carlos Ballbe, Woodside Land Development Corp.
OWNER: AutoZone, Inc.
LOCATION: Southeast comer of Shore Drive and North Federal Highway
DESCRIPTION: Request to construct 20 fee-simple townhome units on a 1.75-acre parcel.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: t')/{ N/A
Deveh~r~nt '~)'~parYm~e~_t ]9,ixector City Manager's Signature
Planmng and Zoning Director City Attorney / Finance / Human Resources
S:XPlanning~SHAREDXWPXPROJECTSLMERANO BAY~NWSPXAgenda Request NWSP 02-014 CC 10-15-02.dot
S:\Planning~SHARED\WP\PROIECTS\MERANO BAYXNWSP~Agenda Request NWSP 02-014 CC I 0-15-02 dot
DEVELOPMENT DEPARTMENT
MEMORANDUM NO. PZ 02-209
SITE PLAN REVIEW STAFF REPORT
COMMUNITY REDEVELOPMENT AGENCY AND CITY COMMISSION
October 3, 2002
DESCRIPTION OF PROJECT
Project Name/No.: Merano Bay / NWSP 02- 014
Property Owner: AutoZone, Inc.
Agent: Carlos Ballb~, Woodside Land Development Corp.
Location: Southeast corner of North Federal Highway and Shore Drive
Current Land Use/
Zoning: Local Retail Commercial (LRC)/CommunityCommercial (C-3)
Proposed Land Use/
Zoning: Unchanged (see analysis)/Infill Planned Unit Development (IPUD)
Type of Use: Fee-simple Townhouses
Project size: Site Area: 1.75 acres (76,025 square feet)
Number of units: 20 dwelling units
Lot Coverage Area: 0.52 acres (29.5%)
Gross Density:. 11.46 dwelling units per acre
Adjacent Uses: (see Exhibit "A" - Location Map)
North: Right-of-way for Shore Drive, farther north developed commercial (Yachtsman's Plaza)
classified Local Retail Commercial (LRC) and ~nned C-3 Community Commercial;
South: Right-o¢-way for Boynton (C-16) Canal, farther south developed single-family residential
(Harbor Estates) classified Mixed Use (MX) and zoned R-l-AA Single Family Residential;
East: Right-of-way for Shore Drive, farther east developed single-family residential (Coquina Cove)
classified Low Density Residential (LDR) and 7nned R-l-AA Single Family Residential;
West: Rights-of-way for Federal Highway and the Florida East Coast (FEC) Railroad, farther west
undeveloped property classified Local Retail Commercial (LRC) and zoned C-3 Community
Commercial.
Proposal: Carlos Ballb6, agent for Woodside Land Development Corporation, proposes to construct
20 fee-simple townhouse units in four (4) separate buildings on a 1.75-acre parcel (see
Exhibit "B" - Proposed Site Plan). The plan also includes a recreation area with a pool. Each
of the proposed buildings is composed of five units. The buildings are proposed to be
located around a circular driveway. The first two (2) buildings (Building I and 2) will be
located along the south property line. Building 3 will be located along the northeaster'
portion of the site while the last building (Building 4) will be located at the north property lin
of the project abutting Shore Drive. Each building would be two (2) stories high and include
three (3) to four (4)-bedrooms, and three (3) bathroom units. In addition, a land-use
Page 2
Merano Bay Site Plan Review Staff Report
Memorandum No. PZ 02-209
amendment / rezoning application (LUAR 02-006) is being processed concurrently with this
site plan. It should be noted that in 1998 a request for site plan approval was submitted to
construct a 7,234 sq. ft. retail commercial building for auto parts sales. The applicant
withdrew the application prior to review by the City Commission.
Site Characteristics: The subject property is one (1) irregularly-shaped parcel totaling 1.75 acres located at the
southeast corner of North Federal Highway (U.S. Highway No. 1) and Shore Drive. The
vacant lot is undeveloped, relatively flat, and vegetated with a variety of field grasses. The
site contains a tropical almond tree, a Banyan tree, Phoenix Reclinata and several Ficus
trees and Cabbage palms.
Concurrency:
a. Traffic - A traffic statement for this project was submitted and sent to the Palm Beach County
Traffic Division for their review and approval. The Palm Beach County Traffic
Division has determined that the project meets the Traffic Performance Standards of
Palm Beach County.
b. Drainage- Conceptual drainage information was provided for the City's review. The City's
concurrency ordinance requires drainage certification at time of site plan approval.
The Engineering Division is recommending that the review of specific drainage
solutions be deferred until time of permit review, when more complete engineering
documents are required.
Driveways: The entrance would be comprised of a 12-foot wide ingress driveway and a 12-foot wide
egress driveway at North Federal Highway. This point of ingress / egress will have a median
in the center of the opening to direct vehicular traffic in and out of the subject property. This
entrance will have brick pavers to provide a more desirable appearance. The applicant is
proposing one interior driveway measuring 20 feet in width providing circulation around the
recreation area and within the project.
Parking Facility:. A total of 40 parking spaces are required for the proposed residential use based on the ratio
of two (2) spaces per dwelling unit. The applicant is providing 43 spaces. Each townhouse
unit will contain a one (1)-car garage with a one (1)-car driveway space with addition
driveway width capable of accommodating a third vehicle. The garages are dimensioned a
minimum 10 feet in width by 19 feet in length. The actual garage opening will be 8 feet in
width, which appears narrow, but there is no applicable code regulation. A total of three (3)
additional parking spaces including one (1) handicapped space are proposed at the
swimming pool area, which is a requirement of the American with Disabilities Act. However,
the plan contains no other provision for overflow or guest parking. All additional parking
spaces excluding the handicap space will be dimensioned at least nine (9) feet by eighteen
feet (9' x 18'). The backup distance for these parking spaces will be 24 feet with exception
to units 1 and 20 where the vehicular backup area will be respectively 18 feet and 19 feet.
As proposed, vehicles backing out of these garages, will make a "3-point maneuver within
this 18 or 19-foot area and then exit the site via the 20-foot wide main circular access
driveway. Therefore, staff is recommending that the applicant request a waiver for the
backup requirement for units 1 and 20 (see Exhibit "C"- Conditions of Approval). The plan
does not provide for any on street parking because the interior roadways function as drive
aisles and will be only 20 feet in width to meet the Fire Salty Code.
dscaping: The proposed pervious area of the parcel equals 0.74 acres or 42.47% of the total site. The
overall landscape plan shows at least 54 trees, most of which will be native. In fact, the
majority of all landscape material will be native. Along the north and west property line, a
Page 3
Merano Bay Site Plan Review Staff Report
Memorandum No. PZ 02-209
six-foot high concrete wall setback three (3) feet from the property line is proposed. Th,
wall will end near Building 3 (northeastern portion of the property) where extensive trees are
located, and screens the subject propertyfrom Shore Drive.
The north (adjacent to Shore Drive) and west (along N. Federal Highway) buffers will be at
least five (5) feet in width. The landscape plan (Sheet "L2") proposes fifteen (15) Green
Buttonwood trees, twenty-three (23) Foxtail Palm trees, six (6) Hibicus, Redtip Cocoplum
hedges, Evergreen Giant Liriope, Aztec Grass, Dwarf Mexican Bluebell and assorted
annuals. At the northwest corner of the site, the plan proposes a cluster of four (4) Foxtail
Palm Trees and a Silver Bismarck Palm tree supplemented with some colorful annuals. The
southern buffer will include ten (10) Green Buttonwood trees spaced at a minimum of 30
feet apart with two (2) Yellow Trumpet trees.
According to Sheet "L2", the entrance to the site would have a Purple Glow tree ('f'ibouchina
Granulosa) and a row of Redtip Cocoplum on each side and assorted annuals. Both sides
would have Royal Palm trees. The landscaped median at the entrance between the entry
and the exit lane would also be lined with Royal Palm trees, Hibiscus, Wax Jasmine, Dwarf
Mexican Bluebell, Purple Queen, I~ra, Variegated Liriope, and assorted annuals.
The landscape material proposed in the front of each building will consist of a cluster of
three (3) Montgomery Palm trees, Wax Jasmine, Variegated Schefflera, Evergreen Giant
Lirope, and Red Pentas while at the end of the buildings, a row of Redtip Cocoplum is
proposed. Additional tall grass (i.e. Royal Palms) should be added to the side of unit #10 to
soften the facade exposed to the adjacent homes.
The proposed recreation area (cabana and pool), centrally located on the property, woulo
include, six (6) Royal Palm trees, six (6) Green Malayan Coconut Palm trees. The
landscape plans also propose Glossy Privet, Ixora, Aztec Grass, Hibiscus, Variegated
Scheffiera, Dwarf Mexican Bluebell, Purple Queen, and some annuals.
Building / Site: The IPUD zoning district allows buildings to reach a maximum height of 45 feet, however, a
lesser height could be imposed if compatibility with adjacent properties becomes an issue.
The proposed two (2)-story fee-simple townhouses will be 25.5 feet at the bond beam of the
roof. According to site plan (sheet SP 1) a C.B.S. wall, six (6) feet in height would be placed
along most of the west property line and the entire north property line. The new wall would
be setback at least four (4) feet from the north and west property line (facing U.S. 1 and
Shore Drive).
The 20 dwelling units are proposed to be contained within 4 separate buildings on the 1.75-
acre site. The proposed density is 11.46 dwelling units per acre. Each of the 4 buildings
will contain one (1) of two (2) types of units. The model styles range from three (3) to four
(4) bedrooms with three (3) bathrooms but vary slightly in terms of their overall area. The
models are as follows: three (3) bedroom/3 bath units (1,944 square feet), and four (4)
bedroom/3 bath units (2,234 square feet) which are located at the end of each proposed
building.
The IPUD zoning district has no actual building setback requirements, however, the
buildings are arranged in such a way that they will exceed the basic development standards.
All of the five (5)-unit buildings are proposed to be setback between 7.5 feet to 16 feet from
any property lines. The building separation is proposed at a minimum of 20 feet.
Page 4
Merano Bay Site Plan Review Staff Report
Memorandum No. PZ 02-209
. ommunity Design: The proposed buildings and clubhouse resemble a Neo-Mediterranean design. The majority
of exterior walls of the buildings will have a stucco finish with two (2) options of color, but
one (1) option per building. The color options are proposed as follows: Benjamin Moore
#2153-40 Cork and Benjamin Moore Chester Town Buff #HC9. However, at the level of the
second story the wall will be accentuated with a pattern of diagonal stucco score lines on
the front and sides of the buildings while the remainder of the walls at the end of the
buildings will show a series of vertical and horizontal score lines. All accent features such as
entry doors, pre-cast concrete balustrades and caps, pre-cast columns, and all architectural
enhancements such as raised trim and smooth stucco banding will be painted Lancaster
White or Navajo White. The overhangs will be painted Benjamin Moore Rich Clay Brown
#2164-30. The roof is proposed to be constructed of Spanish roof tiles, terra-cotta in color.
The proposed development would have a buffer wall six (6) feet in height mainly along the
west and north property lines. The color of the wall is unknown. However, staff is
recommending that the wall be painted to match the color of the buildings.
The plans propose one (1) type of freestanding outdoor lighting fixture, namely, the Type "A"
light post. The light post will be 18 feet tall. The material will be a round concrete pole, white
in color.
$ignage: No project signs are proposed at this time. Any future signage will require separate review
and approval by the CRA Board (see Exhibit "C"- Conditions of Approval).
~ESIGN ANALYSIS & CRITIQUE:
A master plan is required for all requests to rezone to Planned Unit Development (PUD) or Infill Planned Unit
Development (IPUD). For this project, the site plan also functions as the master plan. Generally, staff is in favor of
converting the existing vacant commercial property to a residential use and to increase the overall allowable
density to 11.46 dwelling units per acre. However, this exceeds the maximum density of the High Density Land
Use Classification.
Under its present land use and zoning the property could be developed for the range of commercial uses
permitted within the C-3 Community Commercial zoning district and existing Local Retail Commercial designation,
which includes residential multi-family use at a density of 10.8 dwelling units per acre for a total of 18.9 units. This
land use designation also allows rezoning to the IPUD z~ning district at a densityof 10.8 dwelling units per acre for
a total of 18.9 units. The developer requested a change of land use to High Density Residential, which also has a
maximum density of 10.8 dwelling units per acre, while a change to Special High Density Residential land use
would allow the necessary 20 dwelling units per acre. The High Density Residential (HDR) land use designation
allows for the following zoning districts: Multi-Family Residential (R-3), PUD, and the IPUD. The R-3 zoning district
contains restrictions on minimum lot size (4,000 square feet) and building setbacks. The setbacks for the R-3
zoning districts are as follows: Front - 40 feet, Side - 20 feet, and Rear - 40 feet. The lot size and building
setback requirements of the R-3 zoning district are much more stringent than the self-imposed restrictions of the
IPUD zoning district. As previously stated, the ,.-IDR land use designation also allows for the PUD zoning district.
The intent of the PUD is to promote and encourage development in tracts that are suitable in size, location and in
character for the intended uses and structures proposed within them. The development shall be planned and
developed as unified and coordinated units. However, the minimum recommended land area necessary for the
PUD designation is five (5) acres. The subject property is less than five (5) acres and therefore is not ideally
suitable for to the PUD z~ning district.
,e City Commission adopted the Federal Highway Corridor Redevelopment Plan on May 15, 2001 to allow for a
variety of housing styles at intensities that will assist in supporting the downtown redevelopment. It also served as
a catalyst to encourage redevelopment and infill development of the eastern portion of the City along Federal
Page 5
Merano Bay Site Plan Review Staff Report
Memorandum No. PZ 02-209
Highway and to promote the overall general economic expansion of the City. Implementation of the Plan include
an amendment to the Land Development Regulations to create the IPUD zoning district. This new zoning district
allows for a greater variety of housing types in order to redevelop infill parcels, specifically along the Federal
Highway corridor. This new zoning district allows for greater flexibility in terms of lot size and setback restrictions.
As promulgated in the Comprehensive Plan, all development proposed within the IPUD should exceed the basic
development standards of the conventional residential zoning districts. This characteristic should be evident in
terms of a project's site design and site amenities. This project represents one of the first requests for the IPUD
zoning district designation. Staff recognizes this circumstance and expects the best possible development, in
particular, that this project will set the standard for future IPUD developments. Staff determined that the layout of
the buildings, the allocation of back-up space, and the distance between each building are in the optimal
configuration and therefore, exceed the basic development standards.
In conclusion, the proposed site plan does not meet the intent of the Comprehensive Plan regarding the High
Density Residential land use designation and the IPUD zoning district due to it exceeding the maximum density by
two (2) units. As previously stated, the subject property would be eligible for 10.8 units / acre or 18.9 total units if
converted to a residential use under the existing commercial zoning or reclassified to the High Density Residential
land use classification. The plan proposes 20 total units or two (2) additional units over the current maximum
allowable number of units. Therefore, the project must be reduced by two (2) units or the land use reclassified to
Special High Density Residential Density classification.
RECOMMENDATION:
Staff recommends that this site plan request be approved contingent upon the approval of the concurrent
land/use rezoning requests and all other comments included in Exhibit "C" - Conditions of Approval. The
Technical Review Committee (TRC) recommends that the deficiencies identified in this exhibit be corrected
on the set of plans submitted for building permit.
xc: Central File
S:\Planning\SHARED\WFAPROJECTS\MERANO BA~NWSP-02-014~STAFF REPORT.doc
Location Map EXHIBIT"A"
Merano Bay
CANAL C-16
800 0 800 Feet
EXHIBIT "B"
EXHIBIT "B"
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EXHIBIT "C"
Conditions of Approval
Project name: Merano Bay
File number: NWSP 02-014
Reference: 2nd Review plans with a Planning & Zoning date stamp marking of September 24, 2002.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments:
1. Minimum backup distance for 90° parking is 24 feet. Revise roadway width X
accordingly.
2. Reference FDOT Standard Index 546 for the sight triangles along all collector X
and arterial roadways. A 10 feet x 10 feet sight triangle is inadequate for
Federal Highway. It is also necessary to check sight distances at the
intersection of Shore Drive and Federal Highway to ensure there is no conflict
with sisht distances and the new privacy wall on the north property line
UTILITIES
Comments:
3. Fire flow calculations will be required demonstrating the City Code X
requirement of 1,500 g.p.m, as stated in the LDR, Chapter 6, Article IV,
Section 16, or the requirement imposed by insurance underwriters, whichever
is greater (see CODE, Section 26-16(b)). In addition, the LDR, Chapter 6,
Article IV, Section 16 requires that all points on each building be within 200
feet of an existing or proposed fire hydrant. Please demonstrate that the plan
meets this condition, by showing all hydrants, both existing and/or proposed.
4. A "Hold-Harmless" agreement with the Utilities Department, for maintenance X
and repairs, will be required where paverblock is placed within the utility
easements.
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
Comments:
5. All work done within the Federal Highway right-of-way shall require FDOT X
approval and permitting.
6. Sheet SP-1 of 1 refers to the relocation of several signs and power poles along X
Federal Highway. Indicate where the signs will be relocated to and who will
perform the work. All work done within the Federal Highway right-of-way
will require FDOT approval and permitting.
7. Indicate to what standard the project is to be constructed; if the FDOT X
Standard Specifications for Road & Bridge Construction and Standard Index
are to be used - the 2000 Specifications are recommended since they contain
both English and Metric units.
8. Provide written and graphic scales on all sheets. X
9. Sections A-A, B-B, and C-C are indicated on Sheet DI of 1 but no typical X
sections were found in the plan set.
10. Provide a detail for the Daverblock drivewa~,s. X
BUILDING DIVISION
Comments:
11. Sheet A-1 - Pool House Front Elevation - shows a water feature and floor X
plan shows a drinking fountain. Clarify. Drinking Fountain shall comply with
2001 Florida Buildin$ Code, Section 11-4.1.3 (10)(A).
PARKS AND RECREATION
Comments:
12. The Park and Recreation Facilities Impact Fee requirement for Single Family X
Attached Homes is based on $771 per unit. Since there are 20 single family
attached homes shown on the plan, the fee is computed to be $15,420 ($ 771
x 20 units). Fee is due at the time of the first applicable building permit.
FORESTER/ENVIRONMENTALIST
Comments:
13. The applicant should provide a tabular summary on sheet L-I showing that X
the site contains a minimum c~f 50% native species. All trees must be
minimum of 12 feet in height. Revise plans.
DEPARTMENTS INCLUDE REJECT
PLANNING AND ZONING
Comments:
14. Approval of this site plan is contingent upon the approval of rezoning to Infill X
Planned Unit Development (IPUD) and the removal of two (2) units or a
subsequent reclassification to the Special High Density land use classification
which allows the proposed density.
15. The site plan tabular data indicates that the total pervious area is 0.74 acres or X
42.7% of the total site. Likewise, the tabular data indicates the setbacks for
concrete patios for each townhouse, which can be built out in the future. In
the tabular data, provide the pervious area if all townhouses built concrete
patios pursuant to the PUD's self-imposed restrictions. In addition, on the
site plan, outline the area (in a soft dashed line) of the patio area if developed
according to the maximum allowable restrictions.
16. If a fence is required around the pool / clubhouse area, provide a detail of the X
fence including the dimensions, material, and color (Chapter 4, Section 7.D.).
17. Fifty percent (50%) of site landscape materials must be native species. X
Indicate the percentage amount of native material in the plant list of the
landscape plan (Chapter 7.5, Article II, Section 5.P).
18. Coordinate with the City Forester / Environmentalist regarding the installation X
of brick pavers and palm trees within the U.S. 1 right-of-way.
19. Staff recommends placing a Palm Tran bus shelter along Federal Highway. X
The shelter dimensions are typically six (6) feet in width by nine (9) feet in
length. If a bus shelter is located nearby, staff would also recommend
collaborating with Palm Tran and the affected property owner (FDOT) in
order to upgrade the facility.
20. No signage was submitted with these plans. Any proposed sign will require X
separate review and approval by the CRA Board.
21. Provide a note on the plan stating that the proposed buffer wall will be X
painted to match the color of the buildings.
22. On the elevation sheet label all major exterior finishes to include the X
manufacturer's name and color code.
23. A 24-foot backup is required for units ~ and 20. A waiver is required. X
24. Staff recommends additional landscaping consistent with the overall X
landscape plan at the end of the buildings to enhance the buildings faqade as
seen from adjacent residential properties to the east.
25. To fully maximize the two (2) spaces provided in front of the buildings, staff X
recommends adjusting the landscape material to allow a two (2) foot
overhang.
Conditions of Approval
4
DEPARTMENTS INCLUDE I REJECT
ADDITIONAL COMMIJNI~ REDEVELOPMENT BOARD AGENCY CONDITIONS
Comments:
26. Any proposed wall within the development shall be C.B.S. only. X
27. Increase the proposed garage openings to nine (9) feet in width. X
28. Increase the central green area around the pool to accommodate more X
landscaping while maintaining minimum turning radius.
29. Enhance the side elevations of units #1 and #20 adjacent to North Federal X
Highway with the same architectural elements found on front facades
30. Enhance the rear elevations of buildings #1, #2 and//4 with similar features X
(i.e., balconnettes, balustrades, mouldings, etc.) found on front facades.
31. Extend the base score line around the end facades of the purposed buildings. X
32. Staff to coordinate with the applicant the details of the waiver for the X
driveway dimension on units #1 and #20.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be detem~ined.
S:\Planning\SHARED\WP\PROJ ECTS\MERANO BAY~NWSP',COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Merano Bay
APPLICANT'S AGENT: Carlos Ballbe, Woodside Land Development Corporation
APPLICANT'S ADDRESS: 4200 NE 15th Avenue, Ft. Lauderdale, FL 33334
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 6, 2002
TYPE OF RELIEF SOUGHT: Request site plan approval for 20 fee-simple townhomes on a 1.75
acre parcel in an IPUD.
LOCATION OF PROPERTY: Southeast corner of North Federal Highway & Shore Drive
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
~ HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
~ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED: City Clerk
S:,~Ptan ning,,S HAR ED\W i::~,PROJECTS~M ERANO BAY',NW SP',DO. doc
VII.-CONSENT AGENDA
CITY OF BOYNTON BEACt ITEM F.
AGENDA ITEM REQUEST FORN1
Requested City Commission Date Final Form Must be Tumed Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
[] August 6, 2002 July 17, 2002 (5:00 p.m.) [] October 1,2002 September 16, 2002 (Noon)
[] August 20, 2002 August 5, 2002 (Noon) [] October 15, 2002 September 30, 2002 (Noon)
[] September 3, 2002 August 19, 2002 (Noon) [] November 6, 2002 October 14, 2002 (Noon)
[] September 17, 2002 September 3, 2002 (8:00 a.m.) [] November 19, 2002 November 5, 2002 (Noon)
[] Administrative [] Development Plans
NATURE OF [] Consent Agenda [] New Business
AGENDA ITEM [] Public Hearing [] Legal
[] Bids [] Unfinished Business
[] Announcement [] Presentation
[] City Manager's Report
RECOMMENDATION: ~ ,
Motion to approve expenditure of $40, O00 from the CIP to match funding from the Palm Beach School Board and'~--ther
sources for the construction of a state-of-the-art running track at the Boynton Beach High School.
EXPLANATION:
The 2201/02 CIP contains a provision for $80, O00 for lights and bleachers on the High School softball field. The plan was
to share the use of this softball field for both City and High School programs. School officials recently contacted us
requesting that.funds be reallocated to a track due to a change in their priorities. A letter from the school is attached.
PROGRAM IMPACT:
The City and the School Board have agreed to an interlocal agreement on joint use of our facilities. High School officials
have assured us we will still have the ability to use the softball ftelds and other facilities at the High School. In addition, our
youth track programs will be able to use the state-of-the-art track facility for our expanding nationally recognized programs.
The City will have no maintenance responsibility for the track.
FISCAL IMPACT:
By designating $40,000 of the $80,000 budgeted for High School facilitates this year we have redesignated the remaining
$40,000 in account number 302-4298-580-63-15 to other CIP projects.
ALTERNATIVES:
Proceed with the original $80,000 softball fteld lighting project or eliminate~
Department Head's Signature , City Manager's Signature
Parks ~_~_~:_,,._
Department Name City Attomey~~ Human Resources
SABULLETINXFORMSXAGENDA ITEM REQUEST FORM.DOC
BOYNTON BEACH COMMUNITY HIGH SCHOOL
Michael Leeds, Athletic Director
4[)75 Park Ridge Boulevard · Bo/nton Beach, Florida 33426
(561) 752-1224 Fax (,561) 752-1292
City Of Boynton Beach
Parks Department
ATTENTION: John Wildner
I00 East Boynton Beach BLVD. 33425
Dear John,
I am in receipt of the agenda for February 19th 2002. We are appreciative of the city
trying to help our new athletic program at Boynton Beach High School. The funding will
be used to help surface our track facility in our new football stadium. As previously
planned, we have requested lights for our softball field. Since that request was made our
prior/ties have changed due to the lack of funding for our track surface. The city stated
that they had also found a location for their senior softball league. We are able to play
our softball games without lights but unfortunately we are unable to mn track meets or
train our athletes without proper track surface. The county, school district and grant from
the Ford Motor Company will encompass the other 40,000 that will be needed to
complete the project. It goes without saying that our city sponsored youth track program
will continue to flourish at even a higher level by using the track and our equipment to
train. As our mutual use agreement, moves ahead, both entities will enjoy a beneficial
relationship that the citizens of BoSton Beach can enjoy for years to come. Dr. Cornnell
and I look forward to working with the city and building on our already burgeoning
friendship.
Mike Leeds
Athletic Director
Boynton Beach High School
Exhibil A
VI'I.-CONSENT AGENDA
'TEIVl G.
CITY OF BOYNTON BEAC[
AGENDA ITEM REQUEST FORlvl
Ro td_e.ues_e_ City CommissionDate Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
[] August 6, 2002 July 17, 2002 (5:00 p.m.) [] October 1, 2002 September 16, 2002 (Noon)
[] August 20, 2002 August 5, 2002 (Noon) [] October 15, 2002 September 30, 2002 (Noon)
[] September 3, 2002 August 19, 2002 (Noon) [] November 6, 2002 October 14, 2002 (Noon)
[] September 17, 2002 September 3, 2002 (8:00 a.m.) [] November 19, 2002 November 5, 2002 (NoonL~
[] Administrative [] Development Plans
NATURE OF [] Consent Agenda [] New Business -
AGENDA ITEM [] Public Hearing [] Lega/ r
[] Bids [] Unfinished Business
[] Announcement [] Presentation
[] City Manager's Report
RECOMMENDATION: Motion to accept the written report to Commission of purchases over $10,000 for the month
of September 2002 for informational purposes.
EXPLANATION: Per Ordinance, Chapter 2, Section 2-56.1 Exceptions to competitive bidding, Paragraph b, which
states: "Further, the City Manager, or in the City Manager's absence, the Acting City Manager is authorize to
execute a purchase order on behalf of the city for such purchases under the $25,000 bid threshold for personal
property, commodities, and services, or $75,000 for construction. The City Manager shall file a written report with
the City Commission at the second Commission meeting of each month listing the purchase orders approved by the
City Manager, or Acting City Manager".
PROGRAM IMPACT: The new Ordinance has assisted departments in timely procurement of commodities, services,
and personal property. Administrative controls are in place with the development of a special processing form titled
"Request for Purchases Over $10,000' and each purchase request is reviewed and approved by the Department
Director, Purchasing Agent, Assistant City Manager, and City Manager.
FISCAL IMPACT: The change in Ordinance approved by Commission provides the impact of reducing paperwork
by streamlining processes within the organization as defined in our City's Strategic Business Focus. This allows
administration to maintain internal controls for these purchases, reduce the administrative overhead of processing for
approval, and allow for more timely purchases to be made.
ALTERNATIVES: Revert back to the procedure prior to Ordinance change.
Deputy Director of Financial Services City'Manager s Signature
Procurement Services ~~
Department Name City Attorney / Finance / Human Resources
S3BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
APPROVED REQUESTS FOR PURCHASES OVER $10,000
FOR MONTH ENDED SEPTEMBER 30, 2002
1. Vendor: Medtrop. ic. Ph?in Control Purchase Amount: $ 10,500.00
Requesting Department: Fire Department Contact Person: Jim Ness
Brief Description of Purchase:
Purchase of six (61' :~rePak 500 Automatic External Defibrillators. These units will be assigned to Police Department to be
carried by the zone cruisers. The units purchased maintain the standardization with the current AED's in the field.
Source for Purchase: Piggy-Back PBC Sheriff's Fund Source: 105-3271-513-64-02
Bid #00-0721-254/DJA Grant - Amer Heart Assoc.
2. Vendor: BellSouth Purchase Amount: $ 11,661.55
Requesting Department: I.T.S. Contact Person: Peter Wallace
Brief Description of Purchase:
There is an urgent need to re~lace the older and unsupported Access 35 equipment at the Golf Course and Fire Station
#3. The Access 35 equipment provides the muxing of data/voice over separate T1 circuits allowing seamless balance of
data connections and telephone service. The Access 35 is no longer supported by Telco (original manufacturer) or
BellSouth. As of March 2003, Telco will eliminate the service to provide refurbish equipment. The replacement of
equipment by BellSouth will provide the solution of upgrading the technology while providing the maintenance coverage
needed to support these locations.
Source for Purchase: Emergency Purchase Fund Source: 001-1510-513-46-23
Telephone Maintenance
3. Vendor: EIMCO Process Equipment CompanyFFSC Jacobs Purchase Amount: $ 17,962.86
Requesting Department: Utilities Contact Person: John Reynolds
Brief Description of Purchase:
The East Water Treatment Plant uses a lime softening process for water treatment. There is a sludge thickener to
process lime sludge that is a by-product in the treatment process. Ideally, the sludge needs to be dry prior to going into
the vacuum filter. The sludge thickener was installed in 1978 and the gear and drive unit were rehabilitated in 1991. The
rakes are original equipment and are in need of replacement. The rakes have not operated efficiently for approximately
three (3) weeks and the vacuum filter is running at very Iow efficiency due to the wetter sludge taking longer to process.
Source for Purchase: Sole Source Fund Source: 405-5000-590-96-02
Renewal & Repl. - Water
The purchases presented in this writ. ten report were approved in accordance with the provisions of Ordinance 2.56, and
are now being presented to Com~, sion//~.required.
City Manager Approval: ,~~/~-'~~
Date: I (~_.t.f _ ~ L_
Presented to Commission for information on October 15, 2002.
i of 1
VII.-CONSENT AGENDA
ITEM H.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
[] August 6, 2002 July 17, 2002 (5:00 p.m.) [] October 1, 2002 September 16, 2002 (Noon)
[] August 20, 2002 August 5, 2002 (Noon) [] October 15, 2002 September 30, 2002 (Noon)
[] September 3, 2002 August 19, 2002 (Noon) [] November 6, 2002 October 14, 2002 (Noon)
[] September 17, 2002 September 3, 2002 (8:00 a.m.) [] November 19, 2002 November 5, 2002 (Noon)
[] Administrative [] Development Plans
NATURE OF [] Consent Agenda [] New Business
AGENDA ITEM [] Public Hearing [] Legal
[] Bids [] Unfinished Business
[] Announcement [] Presentation
[] City Manager's Report
RECOMMENDATION: Motion to approve the Motor Replacement on City Hall Complex Chiller #2 as proposed by
South Florida Trane Service, Option #3, for $48,800.
EXPLANATION: The chiller motor has grounded out and is presently non-operational; this leaves only one chiller
operating and no backup air conditioning for the entire City Hall Complex (City Hall, East Wing, West Wing, Police,
and Fire Admin/Fire Station #1). See attached Public Works Memorandum No. 02-147/Revised.
PROGRAM IMPACT: This purpose of this request is to repair the chiller as noted above.
FISCAL IMPACT: Unbudgeted emergency repair to be funded through the deferral of engineering services for the
new Public Works Complex - 302-4101-580-62.01 -- $48,800.
ALTERNATIVES: South Florida Trane Service, Option #1, for $39,948 to replace motor and re-use the existing R-11
refrigerant.
~ / /De~,_/~n~(I~e~igfiature .... City Manager's Signature
Jeffrey R. Livergood, Public Works Director
Department Name City Attorney / Finance / Human Resources
S:~BULLETIN~ORMS~,AGENDA ITEM REQUEST FORM.DOC
PUBLIC WORKS DEPARTMENT
MEMORANDUM # 02 -147/Revised
TO: Jeffrey Livergood, Public Works Director
VIA: Christine Roberts, Assistant Public Works Director
FROM: Richard A. Fiege, Facilities Management Supervisor
DATE: October 11, 2002
SUBJECT: City Hall Chiller Repair Request
On October 2, 2002, there was a failure involving Chiller #2 located in the City Hall Complex.
The HVAC Mechanic checked out the unit and found that the motor was grounded. The cause of
failure to the unit is unknown. But, due to the damage to the chiller the air conditioning capacity
in City Hall has been reduced by 50%.
Attached is a quote to repair the chiller. There are three options to the quote.
Option #1 ($39,948.00):
1. Replace the motor with a Trane re-manufactured motor.
2. Re-use the existing R-11 refrigerant.
Option #2 ($51,750.00):
1. Replace the motor with a Trane re-manufactured motor.
2. Convert chiller to be compatible with refrigerant HCFC 123.
3. Furnish new HCFC 123 refrigerant.
Options #3 ($48,800.00):
1. Replace the motor with a Trane re-manufactured motor.
2. Convert the chiller (o-tings, gaskets, & seals) to be compatible with HCFC 123.
We will not install the oriface plates at this time.
3. Re-use the existing R-11 refrigerant.
I recommend Option #3 which will cost $8,852 more than the repair cost (see the attached
quote). However, the conversion will be mandated by the EPA within the next two to three
years. If we wait for the mandated time frame the conversion at that time is expected to far
exceed the present estimated cost. We urge approval of the conversion of chiller itself at this
time, but not the installation of the HCFC refrigerant. By taking this route, we will be able to
transition to the use of HCFC 123, non-freon refrigerant, in the future when we take similar steps
with Chiller #1. Staff recommends that we not use dissimilar refrigerants at this time.
Mr. Jeffrey Livergood
October 11, 2002
Page 2
Permission is being requested to proceed with the repairs on the Trane CenTraVac Model
CVHE-016FAQ, S/N 188FO3190 Motor Failure; we will be also submitting a claim to our boiler
insurance policy for possible reimbursement. This request should be considered an emergency
because there is no additional air conditioning backup for the City Hall Complex.
Attachment
683 1~1PMn 6Mth
octolm, i, 2oo2
City of Boynton Beach
Aim: Richard Fiege
222 N.E. 9~ Ave.
Bo~on Beach, FL 33435
Re: M~tor Repla~ment Trane CVHF,-016F-AQ Chiller,
~)uth Florida Trane Service
ACCEPTED BY: ,, ,
DAT~:
8outh Morida Trm~ ~rvic~
XII. - LEGAL
ITEM A.1
O CITY OF BOYNTON BEA£
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Tumed Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
[] August 6, 2002 July 17, 2002 (5:00 p.m.) [] October 1, 2002 September 16, 2002 (Noon)
[] August 20, 2002 August 5, 2002 (Noon) [] October 15, 2002 September 30, 2002 (Noon)
[] September 3, 2002 August 19, 2002 (Noon) [] November 6, 2002 October 14, 2002 (Noon)
[] September 17, 2002 September 3, 2002 (8:00 a.m.) [] November 19, 2002 November 5, 2002 (Noon)
[] Administrative [] Development Plans
NATURE OF [] Consent Agenda [] New Business
AGENDA ITEM [] Public Hearing [] Legal
[] Bids [] Unfinished Business
[] Announcement [] Presentation
[] City Manager's Report
RECOMMENDATION: Please place this request on the October 15, 2002 City Commission Agenda under Legal,
Ordinance - Second Reading. The City Commission with a vote of 3 to 2 approved this Ordinance on First Reading on
October 1, 2002. For further details pertaining to the staff report, see attached Department of Development Memorandum
No. 02-142.
EXPLANATION:
PROJECT: Bethesda Hospital Physician Parking (LUAR 02-004)
AGENT: Jaime Gentile, Kilday and Associates, Inc.
OWNER: Bethesda Memorial Hospital, Sintilien Georges, Jesus & Joan Santiago
LOCATION: 2700 Block of SW 4th Street
DESCRIPTION: Request to amend the Comprehensive Plan Future Land Use Map for a 1.43-acre parcel
from Low Density Residential (LDR) to Public and Private Government/Institutional.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES.~ N/A ~
Dev~m'~nt ~)ep~art~n'~nt Director ' (xAty Manager's Signature
Plannm~g and Zol~gl~Director (j-- City Atto~rney / Finance / Human Resources
S:XPlanningXSHAREDX~WP\PROJECTS~Bethesda\LUAR 2002~Agenda Item Request Bethesda Hosp. Amend 2nd reading LUAR 02-004 10-15-02.dot
S:~BULLETINqFORMS~AGENDA ITEM REQUEST FORM.DOC
ORDINANCE NO. 02-
AN ORDINANCE OF THE CITY OF BOY'NTON
BEACH, FLORIDA, AMENDING ORDINANCE 89-38,
BY AMENDING THE FUTURE LAND USE
ELEMENT OF THE COMPREHENSWE PLAN OF
THE CITY, ADOPTING THE PROPER LAND USE OF
PROPERTY MORE PARTICULARLY DESCRIBED
HEREINAFTER (BETHESDA HOSPITAL
PHYSICIAN PARKING - 1.43 ACRES OF LAND);
SAID LAND USE DESIGNATION ~S BEING
CHANGED FROM LOW DENSITY RESIDENTIAL
(LDR) TO PUBLIC & PRIVATE
GOVERNMENTAL/INSTITUTIONAL (PPGI);
PROVIDING FOR CONFLICTS, SEVERABILITY,
AND AN EFFECTWE DATE.
WHEREAS, the City Commission of the City of Boynton Beach, Florida has
adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land
Use Element by Ordinance No. 89-38 in accordance with the Local Government
Comprehensive Planning Act; and
WHEREAS, the procedure for amendment of a Future Land Use Element of a
Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and
WHEREAS, Bethesda Memorial Hospital, owners of the property hereinafter
described, by and through their agents and representatives have filed an application for a
Land Use Amendment to reclassify the property hereinafter described from low density
residential to public and private governmental/institutional; and
WHEREAS, the City Commission conducted a public heating on August 20,
2002, and heard testimony and received evidence which the Commission finds supports a
Land Use Amendment for the property hereinafter described; and
WHEREAS, during the public hearing the applicant for the Land Use
nuendment made material representations which were considered and were relied on by
the City Commission in reaching its conclusions regarding the appropriateness of the
~roposed Land Use Amendment; and
WHEREAS, the City Commission finds that the proposed Land Use Amendment
:\CA\Ordinances\Planning\Land Use - Bethesda 1.43 acres.doc
is consistent with the goals and objectives set forth in the City's Comprehensive Plan;
WHEREAS, after public heating and deliberation, the City Commission deems it
in the best interest of the inhabitants of said City to amend the aforesaid Element of the
~rehensive Plan as adopted by the City herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1: The foregoing Whereas clauses are true and correct and incorporated
by this reference.
Section 2. Ordinance No. 89-38 of the City is hereby amended to reflect the
tg:
the Future Land Use of the following described land shall be designated as Public
Private Government/Institutional (PPGI). Said land is more particularly described as
dlows:
Lots 1 through 8, inclusive, Block 1, Seacrest Hills,
according to the plat thereof as recorded in Plat Book 25,
page 74, Public Records of Palm Beach County, Florida.
Section 3: That any maps adopted in accordance with the Future Land Use Element
;hall be amended accordingly.
Section 4: All ordinances or pans of ordinances in conflict herewith are hereby
>ealed.
Section 5: Should any section or provision of this Ordinance or any portion thereof
~e declared by a court of competent jurisdiction to be invalid, such decision shall not affect
remainder of this Ordinance.
Section 6: This Ordinance shall become effective 31 days after adoption, unless
Ifchailenged, it becomes effective upon the issuance of a final order finding it in
:ompliance.
FIRST READING this / 55~ day of ~,C¢OJg,;t'- ,2002.
::\CA\Ordinances\Planning\Land use - ae=hesda
SECOND, FINAL READING and PASSAGE this ~ day of ,2002.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
ATTEST:
City Clerk
(Corporate Seal)
5: \CA\Ordinances\P~anning\Land Oae - aeChesda ~.4~ acrea.doc
DEVELOPMENT DEPARTMENT
MEMORANDU31 NO. PZ 02-142
TO: Chairman and Members
Planning and Development Board
FROM: Dick Hudson, Senior Planner
THROUGH: Michael W. Rumpf
Director of Planning and Zoning
DATE: July 15, 2002
PROJECT DESCRIPTION
Project/Applicant: Bethesda Memorial Hospital
Agent: Jamie Gentile/Kilday and Associates, lnc
Owner: Bethesda Memorial Hospital, Sintilien Georges, Jesus & Joan Santiago
Location: 2700 block of SW 4~ Street (Seacrest Hills) (See Exhibit A)
File No: Land Use Amendment/Rezoning (LUAR 02-004)
Property Description: Four single-family homes as well as vacant property comprising +1.43 acres,
classified Low Density Residential (LDR) and zoned R-i-AA (Single Family
Residential)
Proposed change/use: To reclassify the subject property from Low Density Residential (LDR) to
Public & Private Governmental/Institutional (PPGI), and rezone from R-1-AA
(Single Family Residential) to PU (Public Use) for the purpose of building an
auxiliary parking facility.
Adjacent Land Uses and Zoning:
North: Developed single-family homes in the Seacrest Hills subdivision, designated Low Density
Residential (LDR) and zoned R-l-AA (single family residential).
South: Developed single-family homes in the Seacrest Hills subdivision, designated Low Density
Residential (LDR) and zoned R-l-AA (single family residential).
East: Developed property (Bethesda Memorial Hospital campus) designated Public & Private
Governmental/Institutional (PPGI) and zoned PU (Public Use).
West: Right-of-way of SW 4m Street then developed single-family homes in the Seacrest Hills
subdivision, designated Low Density Residential (LDR) and zoned R-l-AA (single family
residential).
PROJECT ANALYSIS
The subject parcel totals _+1.43 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-
Page 2
Bethesda Memorial Hospital Auxiliary Parking
File Number: LUAR 02~004
scale" amendment is adopted prior to forwarding to the Florida Department of Community Affairs and is
not reviewed for compliance with the state and regional plans prior to adoption.
The criteria used to review Comprehensive Plan amendments and rezonings are Listed in Article 2,
Section 9, Administration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings.
The 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 amendment/re:oning wouM be consistent with applicable
comprehensive plan policies including but not limited to, a prohibition against any increase
hz dwelling unit density exceeding 50 in the hurricane evacuation ,,one without written
approval of the Palm Beach County Emergency Planning Division and the City' s risk
manager. The planning department shall also recommend limitations or requirements,
which wouM have to be imposed on subsequent development of the property, in order to
comply with policies contained in the comprehensive plan.
Policy i. 16.1 provides a definition of the Public and Private Governmental/Institutional land use
classification and lists the uses generally allowed, including: "ins ritutions and quasi-public uses;
hospitals, nursing homes, and other health-care services or agencies..."
There are no other Comprehensive Plan policies dealing with this land use classification or the
interaction of the uses allowed in the classification with those allowed in other land use classifications.
The intensity of a hospital use, however, is closely related to more intense commercial or industrial
uses, both in terms of traffic generated, hours of operation, number of persons employed, light and
noise impacts, as well as in terms of benefits to the community. There are policies addressing the
incompatibilities between residential uses and both high-intensity commercial and industrial uses.
Policies 1.17.3 and 1.17.4 of the Future Land Use Element read as follows:
l. 17.3 "The City shall continue to utilize and enforce requirements for buffer
walls between residential and commercial or industrial districts as set
forth in the zoning regulations "; and, 1.17.4
1.17.4 "The City shall adopt and enforce regulations to require solid vegetative
screening between industrial and residential uses, wherever practical, in
addition to buffer walls."
The justification statement submitted by the agent on behalf of the applicant (Exhibit B) underscores the
existing incompatibilities, stating, "Due to the intense nature of the various mechanical equipment that
is located behind the hospital, near the western property line, there have been inevitable conflicts
between the neighbors and the hospital. Discussions with the neighbors have revealed that the primary.
issue for them is the noise that the mechanical equipment creates."
b. Whether the proposed amendment/re'~oning wouM be contrary to the established land use
pattern, or would create an isolated district unrelated to adjacent and nearby districts, or
wouM constitute a grant of special privilege to an individual property owner as contrasted
with the protection of the public welfare.
The applicant offers that by extending the hospital-related parking uses into the residential
neighborhood; a suitable and significant buffer can be created to alleviate the incompatibility issues.
The proposed land use amendment and rezoning might appear as ancillary to the abutting hospital uses
to the east, nevertheless, the change would create an intrusion of an incompatible and intense use into
the stable residential neighborhood to the west. Even though the hospital's most intense impacts are in
very close proximity to the homes, there is a regular and accepted boundary separating the two uses.
Page 3
Bethesda Memorial Hospital Auxiliary Parking
File Number: LUAR 02-004
The intrusion of the hospital's uses will not only serve to weaken the existing fabric of a stable
residential neighborhood, but could also have a negative effect on property values, in part by
establishing a unique element that would make the neighborhood less desirous as a place to live.
c. Whether changed or changing conditions make the proposed rezoning desirable.
The applicant has cited increasing demands for hospital parking as an on-going problem, and proposes
to solve a part of that dilemma with the construction of two covered parking structures for physicians.
A July 1999 in-house parring study, prepared for Bethesda Memorial Hospital by Kimley-Hom and
Associates, Inc., outlined eleven (11) options (Exhibit C) for meeting the projected increased parking
demands. The expansion proposed in this application was not among those options, and staff is
unaware of any, more recent, update to that 1999 study, which would change those original options.
In June 2000, staff recommended approval for a land use amendment and rezoning for the hospital that
became the site of ancillary parking on the southeast comer of Seacrest Boulevard and SE 24~ Avenue.
At that time staff requested that the hospital share their long-range expansion plans with city staff, so
that the hospital's plans could be coordinated with the city's future land use plan. The request has
been repeated several times to various representatives of the hospital who have approached the city in
exploring different parking options.
d. Whether the proposed use wouM be compatible with utility ~sterns, roadways, and other
public facilities.
The proposal to remove four existing dwellings and four vacant parcels from the land supply for
residential use will in turn reduce the demand for water and sewer services as well as recreation facilities
and services. The traffic statement submitted by the applicant states that the proposed parking facilities
would not be provided access to S. W. 4m Street, potentially reducing traffic on the residential street by
as many as 40 trips per day, and is not expected to generate any additional traffic to the overall hospital
property.
With respect to solid waste the Solid Waste Authority has stated, within a letter dated December 18,
2001, that adequate capacity exists to accommodate the county's municipalities throughout the 10-year
planning period. Lastly, drainage will also be reviewed in detail as part of the review of the conditional
use application, and must satisfy all requirements of the city and local drainage permitting authorities.
e. Whether the proposed rezoning wouM be compatible with the current and future use of
adjacent and nearby properties, or wouM affect the property values of adjacent or nearby
properties.
As stated in response to criterion "b ' above, both the applicant and staff agree that the use is
incompatible with the abutting residential uses. While the applicant sees the construction of parking
structures as an enhancement to the residential neighborhood that could have a positive influence on
property values, staff is of the opposite opinion.
f Whether the property is physically and economically developable under the existing zoning.
Physically, the vacant property is developable for single-family homes. In the justification for the
amendment/rezoning, the applicant states that some of the most noxious uses associated with the
hospital abut these properties, thereby already reducing the economic value of them for residential use;
and further states, that the size and dimensions of the property make it unsuitable for any hospital-
related use other than parking.
Page 4 ,
Bethesda Memorial Hospital Auxiliary Parking
File Number: LUAR 02-004
g. Whether the proposed amendment/rezoning is ora scale which is reasonably related to the
needs of the neighborhood and the city as a whole.
Based on site plans submitted for the parking structures, there will be a total of eighty-five (85) covered
parking spaces provided. Given the existing spaces that will be lost to circulation and landscaping, the
net increase is seventy-three (73) spaces. This increase may relate to the immediate needs of the
hospital's doctors; however, it seems to be only another incremental adjustment to temporarily solve a
problem that should be handled through a comprehensive master parking plan. In addition, while
solving its own immediate problem, the hospital is creating lasting problems for the stable residential
neighborhood that must absorb its impacts.
h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts
where such use is already allowed.
Because of the very nature of an accessory parking use, a citywide consideration of sites is not
applicable; however, based on the information contained in the 1999 parking study, there are no other
areas adjacent to the hospital that can serve as parking and would also afford the physicians the
proximity to the hospital that they require.
CONCLUSIONS/RECOMMENDATIONS
As indicated herein, this request is not consistent with the intent of the Comprehensive Plan. Granting
the applicant's request will not create additional impacts on infrastructure that have not been
anticipated in the Comprehensive Plan; however, the amendment and rezoning will be incompatible
with adjacent land uses and could have a negative effect on the value of the adjacent residential
properties. Therefore, staff recommends that the subject request be denied. If the final
recommendation is for approval of the request, conditions should be added to the approval that would
ensure the construction of a solid six (6) foot masonry wall and heavy landscaping completely along the
boundary separating the hospital uses from the residential neighborhood, in conformance with the
Future Land Use Element policies 1.17.3 and 1.17.4. These would be included as a separate exhibit.
ATTACHMENTS
\\ChxMAINXSHRDATA\PiatmingxSHAREDXWI~,PROJECTS\Iled',~da~LUAR 2.002\staff relmrt.doc
Location Map :_:,,::,=.-.~.
SJ/2.~,0 T~ _.>-
~ '-' PUD
SITE ~ '
, =.~ ~ ~ . :
-.~
,, ~ ,, ,,~
J-USTI~'[ CA TI'O,N STATE)lENT
~r~F¢~7 owne~. ~o ~men~ ~e [~nd use des:E~a~:cn and zonin~ o~ ~zzF¢~?'
desi~acion on a [.43 acz= fzo~ Low D~.~z:'C; R.~ ..... ::~i (tO~) cc ~' ~'"'
Govemmen~nstim~o~Z ~PGD, ~d d~¢ zonin] ~com RJ.~4 :o F~biic 6"ne (PCS.
approval of ~is app~cadon (~ w~ii ~ a concu~eat razoning application ca
~ong ~e aox&em prope~y Hn~ of m~ hospice) ~he ¢nt~r~ hosoi~a/pro~e~7 wili be under
a single l~d ~¢ desi~a~on ~PGD and zoning dismc: ~LU, which ~: consistent wi~h
the uses ~scciat~d widx abe hospice.
~ ne subjec~ pro~e~7 includes ¢i~q~ [ocs. s~x (Io~ [-6) cf ~nese ~ owned by a~e hcsci~.
Thc rzm~ning vso faa (Io~ 7 & 8) ~-= under con,mc: by d~e hosmc_~ for
Tr, es~ ~{ghc lo~s ~: g~ of ~ estabIished r:s~d=n[~ subdivision c~Z~d Seacr:as~
A c~n~ problem ~ar ~e hospi~ h~ re:eatery, faced over ~e .v¢~ is a sho~a~=, cf
adequate p~Mng spaces. This h~ crea~e~ ~ uasigh~y mhd al=porous sima~on for
s~2 paden=, mzd visitom. Prcseady, dze mos: acut~ p~-idn~ sho~age for me hospic~ is
which will seize :he hospi~'s physicimqs. A concur:nc sice'gimq appiica:cn h~ been
sabmJ~:ed wi~ chis app~cation for ~ese covered p~Mng spaces.
~qis pro~esal will serre r,vo pu~oses. FLoc, i: wii/ or, vide :re aecess~W p~Mag svac:s
for :he hospital physici~s, close to ~e physici~ ~aL~c:. S¢co=~ it will help :o resolve
some o( ~he incompa~biEcy probiems ~ha~ cu~enrly exis~ be~e=n :he hespi~ and
adjac:n~ homeowae~..,~e ~=a sublet:, co :his a:viicaden., c .... .... nc~'i', set/es ~ a buffer
za~s bet,,vssn ~e rssidsn~ co~uni:v a~d d,. 2CSD~EZ:. l ~c .zu~sn: uses c~ i;zg
f~2/,/ homes ~d vacan~ lo~) have f=ied ce Frc'.'ide a sufficient fane:iaaa!
bet',veto abe adjacent incon~aent [m~d uses. Due :o ~he ins:nsc n'avzr: cf the ','~eus
:,her: have been inevi~ble conNic:s be~e:a =he neighban &qd ~he hospice.
Disc~sions wi~ ~he neighbon have =vealed :ha: :he primly issue 5or :he~ is ~he noise
:ha: :he mech~ic~ equipment ~at:s. These r=siden~ have reco~ended ~a: a solid
wall be consorted to ac: ~ a visu~ ~d ~ncdcna! b~er along ~e western
a .... The proposed ~.d ~e ~en~ment. r=zoniag. ~d subsequea~ sic: ~tan aacrov~..
pe~J: the hospital to recdfy ~c exis~ng incompa=bilices a~ong ~his praFca7 [ine
~C'STrFt~TrO,V ~.4TEME,~T
8~es~ ffosp~a[ Pag~ I
~:ii~v¢~ wi:~ ~e physicians p~ng
RESPO:VSES TO A PPLZCA TfON 9 UESTP) vs
appUcable comprehensive p~ poEciez.
~r:'/ious sec:ion.
2) }~erher the propoged ~nd use ame~men:.ge=oning ~ou~ be con~aO co
esrabl~hed ~nd use p~ern, or wou~ creaze an ~o[~'ed die'cc unfed'ed co
~]acenr and nearby ~crs or wouM cons~2uce a grant of spec~ F~viJege
an ~divMuai prope~ owner as con~asred w&'h cae protec~on of cae
welf~e.
The existing l~d use pa=em ~ong ~e west proFexy tine off ~%e hosoirai ~
established ~d h~ proven to be problema~c for bc~h ~: hcs~ir:t and d~e adjacent
ccmbiaed wi~ ~e lack of a si~ic~c physical buffer, have cr=a~ed ~uis problem.
ad&dom ~e hosp~c~ s unsa~sfactor/p~!dng s::u~:ion for ~ze~r :~vsicians is a prcb'~-
:~a~ ~e hcspi~ mus~ resolve. TNs pea~on he!ps ~o rec:ifv bo~ sima~ons.
3) ~ether c~ged or c~g cond~ns m~g &e proFosed ~nd use
The con6nued mech~c~ op~dons bedrid ~%e hospk~ have creace~ compa~biik7
issues for ese ~jac=nc nei~bom. ~ ~on, ~e ~,csnirai's p~Mng ne=~ ~=
upon ~,e ~ow~ ~d continued succ:s~ of abe medic~ foci!iaea.
=~2 ;yxte~; to.ways ~M o~er pubI~ facg~s.
Siac: ~is applica~on will ~su!t in a ~ducdo~ of eisa: dwelling ur.i~, ~s ~e:kic~.
~du:: c~e impac~ on u~e Ci~'i pubEc
5) }}~erher &e ~ro~oxed ~nd use ~endme,~'kegoning wouM be complete
the cu~ ~d ~mr~ ~e of ~jacent and he.by prope~es or wouM affect
cae prope~ v~ues of ~jacent ~d he.by proge~es.
A.s a r:su!c of ~is [mud us~/r=zo~ng a=orov~... :he incam~a~,~t.~.~~ ;~'~'r-- ~saues' :k'z~ ....... ....... ,','
~"gs pro,cay line. ~so, propeay v~ues will incr:~e b'./vi~e of fac: u~a: :~eir will uaw
be ::a~nty in ~e hospi~ bound~es ~d i~ proposed uses for ~e
6) ~e~er ~e prope~ ~ phys~M and econom~MIy deveMg~e under &e
ex~g ~ ~e desig~W:onin~.
,, au~j~t [a~ ~= adjacent to ~e moat noxio~ uxes ~acia~e~ wi~ ~e 8ospiml,
h~ er:areal problems for sevc~ of ~c c~en~ reside~. Obviously. developing
JL~[F[CA TION STA TEME~T
8ethe~da
Page 2 of 4
zonin~ dish, c:, would be a ~evous e~cn Enn~:n~ ~hes~ [ocs. s~x o~ which ~
7) Whether the proposed [an~ use a,~exd~enc/rezonin,ff ~ of a ~ca/~
reasonabQ re,ed to the nee& of the nef&,hborhood and the eL? ac a whole.
hosv/rai, the su~ounding cow~munir7, as we~l as abe Ciu/'s he~rhc~
}~erher there ~e ~equare s~es ekewhere in the c~ for the proposed
d~crs where such use ~ Mre~; allowed.
Ccnsid:dag rh~ fac: ~ar ~e physicians varidnz a-aa muss be in ciosa ~rc,:dmzry
hospiraI ~d ~e hct ~ar ~ere ~ existing incompaabiliry issues which can ~e
II(h) 1.5
,4 cornparixon of the impacts thor wouM be creazed by cae development under
C.~e proposed zoning w~h the ~pacrs that wouM be created by development
under the proposed zoning.
The existing zo~ng for is Rl~. There ~-: eight p[aaed single f~Iy lo~ on uhe
pmpe~y. ~erefo~, eib: single f~Iy homes could be built on ~e sire, each wi~
~veways ~ces~ng SW 4a Sc ~s ~zomng to PU is re pe~t ~e ~ea re be ~ed for
~men~ons of ~e site essenfi~Iy m~<: ic unsuitable for any erbar hospimi uses. By
eHmnadng ~e potenfi~ for eight homes, uhe impacm on water, sewer, [~r~c, e:c wfl3 ke
diwJnished wish Sis cozening approve.
Comparison of water demaru~ for proposed and ei~.sring zoning.
~ne P~m Beach Coun~ s~d for det~2ning war:r dem~d is 1~0 g~!cn~ 7er ca:ira
~d 2.i pe~ons per mn Cn~r ~e exisdng zo~ng :he sire would g~nemtx a tara! cf
3,156 g~Ions per day. Under ~e proposed zoning. [he2
[~caping ~ ~r~ady av~Iable to uh=
H(h)(D
Compa~on of $ewer demand for ~roposed ~J e~nff
~a P~m Beach County ~t~d for da~a~ng sawer darned
~d 2.4 pemona per uni~ ~a existing zoning will genarar= 1,920 gallon~ per ~v. Under
IL'STIF[~4 TZON 5~4 TEME.~
Be~hesda Hosp~l
Page J ~f 4
or CRy. Commission, the app[:,canr sh~tl [~rovide addi~,'onat
regarding the size.
sewer, and roadway facilities. [n addition, the ad/ac:ac propexiea ,.vili ee ser,'e~ b:,'
provi~ng a sotid, aes~e~c~iy pleasing buffer be:ween the back of one kospirai and
existing residenti~ co--unity.
IUST[F[C~t TION ST.4 TEME. VT
AL TERNA TIVES FOR PARKING EXPANSION
Options
3.
~. 25~
8. ~ A
7. 2~00
8. 2300
9a. 2800
option [isrefl above. ~ae acraal number of spaces ~9ar c~ be buik o~ a sire
~ac: dim~sion$, ~d I~ping requ~=. ~ae ~mat~ p~ded ~ ~ds
Page l 0
mOLF RD. f 23rd AVE. ~ 3~/~~
N.w. I / N.E. i f 2~ AVE. ~ARCEL
PA~K~NG I ] PARKING i I~-- ~
GARAGE I , GARAGE I il I /
, I I II I W~STCHESTER /
I III I
I RESIDENTIAL /
r__Jll I /
I i !1 ! AREA /
i I II I /
i I I1 I /
I !i i~ARLY
I I
i I I ! LEARNING / /
~ I I I ! CENTER / 2 ~ th A V.
/ I i I 180~DER
/ (___j II IEXPANStON I / 2450
Av I i~l ~ I !
25[h AV.
!
~ 2800
18EAC~EST
/ / ) _f
~G~ 3
P A~ING AL ~ T~ES
XII. - LEGAL
ITEM A.2
CITY OF BOYNTON BEACI-]
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Mcetinu Dates in tO City (~lerk's Office Meetin~ Dates in to City Clerk's Office
[] August 6, 2002 July 17, 2002 (5:00 p.m.) [] October 1,2002 September 16, 2002 (Noon)
[] August 20, 2002 August 5, 2002 (Noon) [] October [5, 2002 September 30, 2002 (Noon)
[] September 3, 2002 August 19, 2002 (Noon) [] November 6, 2002 October 14, 2002 (Noon)
[] September 17, 2002 September 3, 2002 (8:00 a.m.) [] November 19, 2002 November 5, 2002 (Noon)
[] Administrative [] Development Plans
NATURE OF [] Consent Agenda [] New Business
AGENDA ITEM [] Public Hearing [] Legal
[] Bids [] Unfimshed Business
[] Announcement [] Presentation
[] City Manager's Report
RECOMMENDATION: Please place this request on the October 15, 2002 City Commission Agenda under
Legal, Ordinance - Second Reading. The City Commission with a vote of 4 to I approved this Ordinance on First Reading
on October l, 2002. The Ordinance was revised to also prevent potential expansion of the lot to the south, in addition to the
north and west as currently drafted (see Section 2.e). For further details pertaining to the staff report, see attached
Department of Development Memorandum No. 02-142.
EXPLANATION:
PROJECT: Bethesda Hospital Physician Parking (LUAR 02-004)
AGENT: Jaime Gentile, Kilday and Associates, Inc.
OWNER: Bethesda Memorial Hospital, Smfilien Georges, Jesus & Joan Santiago
LOCATION: 2700 Block of SW 4a Street
DESCRIPTION: Request to rezone a 1.43-acre parcel from R-l-AA (Single Family Residential-5.40 du/ac)
to PU (Public Usage).
The rezoning Ordinance expressly incorporates several conditions of approval Those conditions are set forth in Section 2 of
the proposed Ordinance. The conditions were discussed during the Public Hearing and agents of the applicant acknowledge
their agreement and acceptance of the conditions. The draft Ordinance was forwarded to counsel for Bethesda Hospital who
reviewed it with Bethesda's Board and now recommends alternative wording of item "c" under Section 2., thereby allowing
acceptions to the stated access limitations (on S.W. 4th Street) to be determined during site pl~an review. This revision has
been made to the Ordinance for Co.mfission consideration on Final Reading.
PROGRAM IMPACT: N/A
ALTERNATIVES: N/A
Devel~ City Manager's Signature
Planning and Zo'nmg Dirgc~'8~e- City AtO~e~ / Finance / Human Resources
s :LPlanningXS HARED\WPXPROJECTSXBethesda~LUAR 2002XAgenda Item Request Bethesda Hosp. Rezone 2nd reading LUAR 02-004 10-15-02.dot
S:~BULLETINWORMSL~,GENDA ITEM REQUEST'FORMDOC
DRAFT REVISED 10,'2,,'02 I
ORDINANCE NO. 02- Z;5'3
AN ORDINANCE OF THE CITY
COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA,
REGARDING THE APPLICATION OF
BETHESDA MEMORIAL HOSPITAL;
AMENDING ORDINANCE 02-013 OF SAID
CITY BY KEZONING A CERTAIN TRACT
OF LAND MORE PARTICULARLY
DESCRIBED HEREIN, FROM R-l-AA
(SINGLE FAMILY RESIDENTIAL) TO PU
(PUBLIC USAGE); PROVDING FOR
CONFLICTS, SEVERABILITY AND AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton Beach, Florida has
adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said
and
WHEREAS, Bethesda Memorial Hospital, as owner of the property more
iy described hereinafter, has heretofore filed a Petition, through their agent,
tmes Gentile/Kilday and Associates, Inc., pursuant to Section 9 of Appendix A-
of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose
rezoning a certain tract of land consisting of + 1.43 acres, said land being more
mrticularly described hereinafter, from R-l-AA (Single Family Residential) to PU
Usage), subject to conditions regarding furore expansions and access from
',W 4th Street, and the reversion to existing zoning; and
WHEREAS, the City Commission conducted a public heating on August 20,
.002, and heard testimony and received evidence which the Commission finds
supports a rezoning for the property hereinafter described; and
:\CA\Ordinances\Planning\Bethesda\Rev 092502 Rezoning - Bethesda - 1.43 acres.doc
WHEREAS, during the public heating the applicant for the Rezoning made
material representations which were considered and were relied on by the City
Commission in reaching its conclusions regarding the appropriateness of the proposed
rezoning. The material representations made by applicant are set forth in the minutes
of the City Commission meeting/Public Hearing conducted August 20th, 2002.
WHEREAS, the City Commission finds that the proposed rezoning is
consistent with an amendment to the Land Use which was contemporaneously
:onsidered and approved at the public hearing heretofore referenced; and
WHEREAS, the City Commission deems it in the best interests of the
of said City to amend the aforesaid Revised Zoning Map as hereinafter
;et forth.
NOW, THEREFORE, BE IT ORI)AINED BY THE CITY
}MMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing Whereas clauses are true and correct and
incorporated herein by this reference.
Section 2. The City Commission based upon the representations and
~nsent of the applicant in public heating, imposes the following conditions to the
a. That the applicant apply for a building permit on or before August 20,
2004;
b. That if applicant fails to apply for a building permit on or before
August 20, 2004, zoning on the property will revert to R-1-AA;
c. That during construction on the property, neither the applicant, or its
agents or assigns, will use S.W. 4th Street for ingress or egress, except
:\CA\Ordinances\Planning\Bethesda\Rev 092502 Rezoning - Bethesda - 1.43 acres.doc
for minimum use to complete the landscaping and improvements to
the berm/pathway area. In response to a request by the contractor for
the project, the Building Department may approve exceptions to this
condition, as necessary to accommodate specific situations during the
construction process where it is determined to be unsafe or
unreasonable to require access from the east side of the property. Any
such request and approval shall seek to avoid or minimize any
disruption to the adjacent residential neighborhood.
d. There will be no ingress or egress to the property from S.W. 4th Street,
following construction of the proposed parking lot; and
e. The applicant's Board of Directors/Trustees will adopt a Resolution
expressing its commitment not to acquire additional property to the
west~ or north, or south of the property which is the subject of this
rezoning, for further expansion of the hospital, support facilities or
parking area..
Failure of applicant to comply with the foregoing conditions, whether construed as
:onditions precedent or conditions subsequent, shall constitute grounds for
reconsideration or rescission of the approval of petitioners application for rezoning.
Section 3. The following described land, located in the City of Boynton
Beach, Florida as set forth as follows:
Lots 1 through 8, inclusive. Block l, Seacrest Hills,
according to the Plat thereof as recorded in Plat Book
25, Page 74, Public Records of Palm Beach County,
Florida.
Containing approximately + 1.43 acres of land.
:\CA\Ordinances\Planning\Bethesfla\Rev 092502 Rezoning - Bethesda - 1.43 acres.doc
~e and the same is hereby rezoned from R-l-AA (Single Family Residential) to PU (Public
A location map is attached hereto as Exhibit "A" and made a part of this
y reference.
Section 4: That the aforesaid Revised Zoning Map of the City shall be amended
Section 5: All ordinances or parts of ordinances in conflict herewith are hereby
Dealed.
Section 6: Should any section or provision of this Ordinance or any portion
,f be declared by a court of competent jurisdiction to be invalid, such decision shall
affect the remainder of this Ordinance.
Section 7. This ordinance shall become effective immediately upon passage.
READING this / ~ day of ~C._'~ k)o----~ , 2002.
ECOND, FINAL READING and PASSAGE this ~ day of ,2002.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
,T:
Clerk
ICorporate Seal)
\CA\Ordinances\Planning\Bethesda\Rev 092502 gezoning - Bethesda - 1.43 acres, doc
Location Map EXHIBIT "A"
Bethesda Hospital Physician Parking NWSP 02-011
DEVELOPMENT DEPARTNLENT
MEMORANDUM NO. PZ 02-142
TO: Chairman and Members
Planning and Development Board
FROM: Dick Hudson, Senior Planner
THROUGH: Michael W. Rumpf
Director of Planning and Zoning
DATE: July 15, 2002
PROJECT DESCRIPTION
Project/Applicant: Bethesda Memorial Hospital
Agent: Jamie Gentile/Kilday and Associates, Inc
Owner: Bethesda Memorial Hospital, Sintilien Georges, Jesus & Joan Santiago
Location: 2700 block of SW 4~ Street (Seacrest Hills) (See Exhibit A)
File No: Land Use Amendment/Rezoning (LUAR 02-004)
Property Description: Four single-family homes as well as vacant property comprising +1.43 acres,
classified Low Density Residential (LDR) and zoned R-I-AA (Single Family
Residential)
Proposed change/use: To reclassify the subject property from Low Density Residential (LDR) to
Public & Private Governmental/Institutional (PPGD, and rezone from R-I-AA
(Single Family Residential) to PU (Public Use) for the purpose of building an
auxiliary parking facility.
Adjacent Land Uses and Zoning:
North: Developed single-family homes in the Seacrest Hills subdivision, designated Low Density
Residential (LDR) and zoned R-1-AA (single family residential).
South: Developed single-family homes in the Seacrest Hills subdivision, designated Low Density
Residential (LDR) and zoned R-1-AA (single family residential).
East: Developed property (Bethesda Memorial Hospital campus) designated Public & Private
Governmental/Institutional (PPGI) and zoned PU (Public Use).
West: Right-of-way of SW 4~' Street then developed single-family homes in the Seacrest Hills
subdivision, designated Low Density Residential (LDR) and zoned R-I-AA (single family-
residential).
PROJECT ANALYSIS
The subject parcel totals __+ 1.43 acre. Because of the size of the property under consideration, the Flor/da
Department of Community Affairs classifies this amendment as a "small scale" amendment. A "small-
Page 2
Bethesda Memorial Hospital Auxiliary Parking
File Number: LUAR 02-004
scale" amendment is adopted prior to forwarding to the Flor'ida Department of Communi .ty Ai:fairs and is
not reviewed for compliance with the state and regional plans prior to adoption.
The criteria used to review Comprehensive Plan amendments and rezonings are listed in Article 2.
Section 9, Administration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings.
The criteria are required to be part of a staff analysis when the proposed change includes an amendment
to the Comprehensive Plan Future Land Use Ivlap.
a. Whether the proposed amendment/reconing wouM 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 ~one without written
approval of the Palm Beach County Emergency Planning Division and the City' s risk
.tanager. The planning department shall also recommend limitations or requirements,
which would have to be imposed on subsequent development of the property, in order to
comply with policies contained in the comprehensive plan.
Policy 1.16.1 provides a definition of the Public and Private Governmental/Institutional land use
classification and lists the uses generally allowed, including: "ins titutions and quasi-public uses;
hospitals, nursing homes, and other health-care services or agencies..."
There are no other Comprehensive Plan policies dealing with this land use classification or the
interaction of the uses allowed in the classification with those allowed in other land use classifications.
The intensity of a hospital use, however, is closely related to more intense commercial or industrial
uses, both in terms of traffic generated, hours of operation, number of persons employed, light and
noise impacts, as well as in terms of benefits to the community. There are policies addressing the
incompatibilities between residential uses and both high-intensity commercial and industrial uses.
Policies 1.17.3 and 1.17.4 of the Future Land Use Element read as follows:
1.17.3 "The City shall continue to utilize and enforce requirements for buffer
walls between residential and commercial or industrial districts as set
forth in the zoning regulations "; and, 1.17.4
1.17.4 "The City shall adopt and enforce regulations to require solid vegetative
screening between industrial and residential uses, wherever practical, m
addition to buffer walls."
The justification statement submitted by the agent on behalf of the applicant (Exhibit B) underscores the
existing incompatibilities, stating, "Due to the intense nature of the various mechanical equipment that
is located behind the hospital, near the western property line, there have been inevitable conflicts
between the neighbors and the hospital. Discussions with the neighbors have revealed that the prima~
issue for them is the noise that the mechanical equipment creates."
b. Whether the proposed amendment/rezoning would be contraW ,~o 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 applicant offers that by extending the hospital-related parking uses into the residential
neighborhood; a suitable and significant buffer can be created to alleviate the incompatibility issues.
The proposed land use amendment and rezoning might appear as ancillary to the abutting hospital uses
to the east, nevertheless, the change would create an intrusion of an incompatible and intense use into
the stable residential neighborhood to the west. Even though the hospital's most intense impacts are in
very close proximity to the homes, there is a regular and accepted boundary separating the two uses.
Page 3 '
Bethesda Memorial Hospital Auxiliary Parking
File Number: LUAR 02-004
The intrusion of the hospital's uses will not only serve to weaken the existing fabric of a stable
residential neighborhood, but could also have a negative effect on property values, in part by
establishing a unique element that would make the neighborhood less desirous as a place to live.
c. Whether changed or changing conditions make the proposed rezoning desirable.
The applicant has cited increasing demands for hospital parking as an on-going problem, and proposes
to solve a part of that dilemma with the construction of two covered parking structures for physicians.
A July 1999 in-house parking study, prepared for Bethesda Memorial Hospital by Kimley-Horn and
Associates, Inc., outlined eleven (11) options (Exhibit C) for meeting the projected increased parking
demands. The expansion proposed in this application was not among those options, and staff is
unaware of any, more recent, update to that 1999 study, which would change those original options.
In June 2000, staff recommended approval for a land use amendment and rezoning for the hospital that
became the site of ancillary parking on the southeast corner of Seacrest Boulevard and SE 24m Avenue.
At that time staff requested that the hospital share their long-range expansion plans with city staff, so
that the hospital's plans could be coordinated with the city's future land use plan. The request has
been repeated several times to various representatives of the hospital who have approached the city in
exploring different parking options.
d. Whether the proposed use would be compatible with utili~ ~sterns, roadways, and other
pablic facilities.
The proposal to remove four existing dwellings and four vacant parcels from the land supply for
residential use will in turn reduce the demand for water and sewer services as well as recreation facilities
and services. The traffic statement submitted by the applicant states that the proposed parking facilities
would not be provided access to S. W. 4~' Street. potentially reducing traffic on the residential street by
as many as 40 trips per day, and is not expected to generate any additional traffic to the overall hospital
property..
With respect to solid waste the Solid Waste Authority has stated, within a letter dated December 18,
2001, that adequate capacity exists to accommodate the county's municipalities throughout the 10-year
planning period. Lastly, drainage will also be reviewed in detail as part of the review of the conditional
use application, and must satisfy all requirements of the city and local drainage permitting authorities.
e. Whether the proposed rezoning would be compatible with the current and future use of
adjacent and nearby properties, or would affect the property values of adjacent or nearby
properties.
As stated in response to criterion "b" above, both the applicant and staff agree that the use is
incompatible with the abutlJng residential uses. While the applicant sees the construction of parking
structures as an enhancement to the residential neighborhood that could have a positive influence on
property values, staff is of the opposite opinion.
f Whether the property is physically and economically developable under the existing zoning.
Physically, the vacant proper~ is developable for single-family homes. In the justification for the
amendmenffrezoning, the applicant states that some of the most noxious uses associated with the
hospital abut these properties, thereby already reducing the economic value of them for residential use;
and further states, that the size and dimensions of the property make it unsuitable for any hospital-
related use other than parking.
Page 4
Bethesda Memorial Hospital Auxiliary Parking
File Number: LUAR 02-004
g. Whether the proposed amendment/rezoning is ora scale which is reasonably related to dze
needs of the neighborhood and the cim. as a whole.
Based on site plans submitted for the parking structures, there will be a total of eighty-five (85) covered
parking spaces provided. Given the existing spaces that will be lost to circulation and landscaping, the
net increase is seventy-three (73) spaces. This increase may relate to the immediate needs of the
hospital's doctors; however, it seems to be only another incremental adjustment to temporarily solve a
problem that should be handled through a comprehensive master parking plan. In addition, while
solving its own immediate problem, the hospital is creating lasting problems for the stable residential
neighborhood that must absorb its impacts.
h. Whether there are adequate sites elsewhere in the ci~ for the proposed use, in districts
where such use is already allowed.
Because of the very nature of an accessory parking use, a citywide consideration of sites is not
applicable; however, based on the information contained in the 1999 parking study, there are no other
areas adjacent to the hospital that can serve as parking and would also afford the physicians the
proximity to the hospital that they require.
CONCLUSIONS/RECOMI~flZ. NDATIONS
As indicated herein, this request is not consistent with the intent of the Comprehensive Plan. Granting
the applicant's request will not create additional impacts on infrastructure that have not been
anticipated in the Comprehensive Plan; however, the amendment and rezoning will be incompatible
with adjacent land uses and could have a negative effect on the value of the adjacent residential
properties. Therefore, staff recommends that the subject request be denied. If the final
recommendation is for approval of the request, conditions should be added to the approval that would
ensure the construction of a solid six (6) foot masonry wall and heavy landscaping completely along the
boundary separating the hospital uses from the residential neighborhood, in conformance with the
Future Land Use Element policies 1.17.3 and I. 17.4. These would be included as a separate exhibit.
ATTACHMENTS
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an ~iv~u~ prop~ ownar ~ conPas:ed ~ cae proration of the
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homeowner. ~ v~o~ m~h~icM ~es [cc2:~d [n c~: r:~ of mc hcs~ic~
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Page 2 of 4
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XII. - LEGAL
O ITEM A.3
CITY OF BOYNTON BEAC
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
[] August 6, 2002 July 17, 2002 (5:00 p.m.) [] October 1,2002 September 16, 2002 (Noon)
[] August 20, 2002 August 5, 2002 (Noon) [] October 15, 2002 September 30, 2002 (Noon)
[] September 3, 2002 August 19, 2002 (Noon) [] November 6, 2002 October 14, 2002 (Noon)
[] September l7, 2002 September3,2002 (8:00a.m.) [] Novemberlg, 2002 November 5, 2002 (Noon)
[] Administrative [] Development Plans
NATURE OF [] Consent Agenda [] New Business
AGENDA ITEM [] Public Hearing [] Legal
[] Bids [] Unfinished Business
[] Announcement [] Presentation
[] City Manager's Report
RECOMMENDATION: Please place this request on the October 15, 2002 City Commission Agenda under Public
Hearing and Legal, Ordinance - Second Reading. The City Commission approved this request on First Reading with a 4 to 1
vote, subject to all staff comments except #5, thereby allowing the buffer to be reduced to meet project design characteristics.
For further information, see attached Department of Development Memorandum No. PZ 02-188.
EXPLANATION:
PROJECT: QUANTUM PARK DRI NOPC/MASTER PLAN AMENDMENT #13
(DRIA 02-001/MPMD 02-002)
AGENT: David B. Norris, Esq., Cohen, Norris, Scherer, Weinberger & Wolmer
OWNER: Quantum Limited Partners, LLC
LOCATION: Quantum Park DRI
DESCRIPTION: Request to amend the Quantum Park DRI/Master Plan to change the permitted use on Lot
89B from "Office Industrial" (OI) to "Mixed Use" (MU); Lot 3 from Industrial (IND) to
"Office Industrial (OI); and Lot 34-C from "Reserved" to "Open Space/Detention".
PROGRAM IMPACT: N/A ~
FISCAL IMPACT: ~ N/A
AL TERNATIVES~~
Develog~an(~e~artment Dir~:tor City Manager's Signature
Planning anc~ Zomngt'[~/rector ~ City At~rne"~y / Finance / Human Resources
S:~PlanningXSHARED~WP\PROJECTS\Quantum Park 2002 Amend #13 + MPMDL~,genda Item Request Quantum Pk DRI-Master Plan Mod 2nd
reading 10-15-02.dot
S:~BULLETIN~ORMS\AGENDA ITEM REQUEST FORM.DOC
'l
ORDINANCE NO. 02- Cb-Z/
AN ORDINANCE OF THE CITY OF BOY'NTON
BEACH, FLORIDA, PROVIDING FOR A
DETERMINATION WHETHER CHANGES TO THE
COMPREHENSWE DEVELOPMENT OF REGIONAL
IMPACT APPROVED IN ORDINANCE NO. 84-51, AND
AMENDED IN ORDINANCES NOS. 86-11, 86-37, 88-3,
94-10, 94-51, 96-33, 96-65, 97-20, 99-0, 00-02 AND 01-54
CONSTITUTE A SUBSTANTIAL DEVIATION UNDER
CHAPTER 380.06, FLORIDA STATUTES, 1996, AND
WHETHER FURTHER DEVELOPMENT OF
REGIONAL IMPACT REVIEW IS NECESSARY
REGARDING SUCH CHANGES, APPROVING SUCH
CHANGES, AMENDING THE DEVELOPMENT
ORDER (ORDINANCE NOS. 84-51, 86-11, 86-37, 88-3,
94-10, 94-51, 96-33, 96-65, 97-20, 99-05, 00-02 AND 01-
54) FOR PURPOSES OF' INCORPORATING THE
APPROVED CHANGES, AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Riteco Development Corporation, a Florida corporation ("Riteco")
filed with the City of Boynton Beach (the "City") an Application for Development
Approval of Comprehensive Development of Regional Impact (the "ADA") on May 21,
984, regarding that certain property (the "Property") described in Exhibit "A", attached
tereto and made a part of hereof; and
WHEREAS, the ADA was approved and the Development Order for the Property
was granted December 18, 1984 pursuant to Ordinance No. 84-51 (the "Development
~)rd~r"); and
WHEREAS, Pdteco subsequently conveyed its right, title and interest in and to the
?roperty to Boynton Park of Commerce, Inc., a Florida corporation ("Boynton Park"),
md, Boynton Park, in turn, subsequently conveyed its right, title and interest in and to the
?roperty to Quantum Associates, a Florida general partnership (the "Developer"); and
Page 1 of 5
WHEREAS, the City approved previous applications to amend the Development
which applications were approved by the City in Ordinance No. 86-11, Ordinance
Ordinance No. 88-3, Ordinance No. 94-10, Ordinance No. 94-51, ordinance 96-
Ordinance No., 96-65, Ordinance No. 97-20, Ordinance No. 99-05, ordinance No.
and Ordinance 01-54;
WHEREAS, the City Commission of the City of Boynton Beach, as the governing
having jurisdiction, is authorized and empowered to consider applications for
to development orders approving developments of regional impact pursuant
Chapter 380.06, Florida Statutes (1996); and
WHEREAS, the City Commission has considered the testimony, reports and other
evidence submitted at said public hearing by Quantum Limited Partners
"Quantum"), the City staff and the public, and the City Planning and Development
recommendation of the 24th day of September, 2002; and
WHEREAS, said City Commission has considered all of the forgoing.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. A notice of public hearing was duly published on the 1st day of
2002, in the Palm Beach Post, a newspaper of general circulation in Boynton
Florida, pursuant to Chapter 380.06, Florida Statutes, and proof of said
,lication has been duly filed.
Section 2. The Development order shall be amended to include the following
Page 2 of 5
Lot 3:
This lot was previously designated as Industrial (IN'D) and shall be amended to
Office/Industrial (OI).
Lot 34C:
This lot was previously designated as "Reserved" and shall be amended to Open
Space/Detention.
Lot 89B:
This lot was previously designated as Office/Industrial (OI) and shall be amended to
Mixed Use (MU). The proposed Mixed Use Designation includes office, commercial and
residential uses.
Section 3. Master Site Development Plan Amendment No.13 as submitted to the
City, a copy of which is attached hereto and made a part hereof as Exhibit "B" replaces
and supersedes the Master Site Development Plan currently approved in the Development
Order.
Section 4. The Development Order includes Conditions of Approval, a copy
3f which is attached and incorporated herein as Exhibit "C".
Section 5. Upon consideration of all matters described in Section 380.06, Florida
Statutes (1996), it is hereby determined that:
A. The amendments proposed by Quantum do not unreasonably
interfere with the achievement of the objectives of the adopted state land
development plan applicable to this area.
B. The amendments proposed by Quantum are consistent with the
local comprehensive plan and are, or will be, consistent with the local land
development regulations, subject to the conditions outlined above.
Page 3 of 5
C. The amendments proposed by Quantum are consistent with the
recommendations of the Treasure Coast Regional Planning Council, subject to the
conditions outlined above.
D. The amendments proposed by Quantum do not create any
additional regional impacts and therefore do not constitute a substantial deviation
under Chapter 380.06, Florida Statutes (1996).
Section 6. The City Commission has concluded as a matter of law that these
tgs have been duly conducted pursuant to the provisions of Chapter 380.06,
:lorida Statutes (1996), that Quantum is entitled to the relief prayed and applied for, and
the Development Order is hereby amended incorporating the amendments proposed
Quantum as set forth in Section 2 above.
Section 7. Except as otherwise amended herein, the Development Order shall
in full force and effect.
Section 8. All ordinances or parts of ordinances in conflict herewith are
repealed.
Section 9. Should any section or provision of this ordinance or portion hereof,
paragraph, sentence or word be declared by a court of competent jurisdiction to be
such decision shall not affect the remainder of this ordinance.
Section 10. Authority is hereby granted to codify said ordinance.
Section 11. This ordinance shall become effective immediately upon passage.
FIRST READING this ] S.~ day of ~-;7~/Q~/'-' ,2002.
Page 4 of 5
SECOND READING and FINAL PASSAGE this day of
,2002.
CITY OF BOYNTON BEACH, FLORIDA
Mawr
Vice Mayor
Commissioner
Commissioner
Commissioner
ATTEST:
Zity Clerk
kca\Ord\Quantum DRI - 2002 - Amendment No. 13
Page 5 of 5
'
EXHIBIT "C"
Conditions of Approval
Project name: Quantum Park NOPC Amendment # 13
File number: MPMD 02-002
Reference: 2nd review plans identified with a September 3, 2002 Planning and Zoning Department date stamp
marking.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments:
1. With respect to the re-designation of Lots 89B and 3 the Developer shall X
provide a Traffic Impact Analysis (TIA) as noted in Staff's reviews of
Quantum Villages North and Quantum Villages East (Lot 89B), dated August
5, 2002, (provided under separate cover) which, at a minimum, evaluates the
impact of traffic (turning movements) and need for signalization. Of
particular concern is traffic congestion at the proposed intersection of High
Ridge Road and the proposed Quantum Villages North and Quantum Villages
East (Lot 89B). The TIA must be provided at time of Master Site Plan
submittal for Lot 89B and Quantum Village-North.
UTILITIES
Comments:
2. The applicant (through his design engineering consultant) needs to X
demonstrate that: a.) sufficient utility system capacity is available to support
the proposed modifications to the previously approved land uses to the north
of Gateway Boulevard; o._r.r b.) that the necessary upgrade(s) to the system(s)
will be provided to allow for the proposed use(s) at time of Technical Site
Plan Review.
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments:
3. All residential development planned for this area will be subject to the Park X
and Recreation Facilities Impact Fee.
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments:
4. Under the condition of Amendment #8 to the Quantum Park Development X
Order and Chapter 3, Article IV of the Land Development Regulations, a
traffic analysis is required for this Master Plan approval. In lieu of an
independent traffic consultant, the staff and the Palm Beach County Traffic
Division will review the traffic study. The project must meet the Palm Beach
County Traffic Performance Standards.
5. If Lot 89B is developed as residential, it must meet the buffer requirements of
the Quantum Park Peripherial Landscape Buffer Plan and the PID buffer X
requirements in the Land Develo[~ment Regulations. No waivers are allowed.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
1. Omit Comment #5 allowing buffer plan to be reduced and project setbacks as X
proposed or adjusted.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined.
S:\Ptanning\SHARED\WP\PROJECTS\Quantum Park 2002 Amend #13 + MPMD\COA.doc
DEPARTMENT OF DEVELOPMENT
MEMORANDUM i~iO. PZ 02-188
TO; Chairman and Members
Planning and Development Scard
THROUGH: Michael Rumpf
Planning and Zoning Director
FROM: Lucia Gala,/, AICP.
Pr~nc~oal Planner
DATE: September 11,2002
SUBJECT: Quantum Park - DRIA 02-001,MPMD 02-002
Master Plan Amendment ¢13
NATURE OF REQUEST
Quantum Park of Commerce (a.k.a. Quantum Park PID) is a partially built-out Development of
Regional Impact (DRI) comprised of 553.13 acres, zoned Planned Industrial Development
(PID). It is located on the west side of 1-95, between Miner Road extended and the 6oynton
Canal - (C-16). (See attached Exhibit "A" - Location IVlap). The applicant, MFT Development,
Inc. is requesting an amendment to the Quantum Park DRI Development Order (D.C.) adopted
December 4, 1984 by Ordinance No. 84-51. The original D.C. was subsequently amended i 1
times by Ordinance Nos. 86-11, 86-37, 88-3, 94-10, 94-51, 96-33, 96-65, 97-20, 99-05, 00-02
and 01-54. The City Commission denied Amendment #11 on February 20, 2001. The current
Master Plan for Quantum Park is provided in Exhibit "B" - Existing Master Plan.
Amendment #13 proposes three changes including amending the existing use designation on
Lot 896 in the Master Plan to the "Mixed Use" designation. All requested changes are depicted
in Exhibit "C"- Proposed blaster Plan and described as foilows:
1) Change in the Master Plan designation of Lot 89B from Office/Industrial (OI) land use to
Mixed Use (MU). The proposed Mixed Use designation includes office, commercial and
residential uses;
2) Change in the Master Plan designation of Lot 3 from Industrial (I) land use to
Office/Industrial (OI); and
3) Change in the Master Plan designation of Lot 34-C from "Reserve~" to Open Space/
Detention.
BACKGROUND
An amendment to a Development of Regional Impact (DRI) is first and foremost governed by
Florida Statutes Chapter 380.06 (19) - Suiostantial Deviations. The applicant has submitted a
Notice of Proposed Change NOPC) in accordance with the statutory requirements. The NOPC
Quantum Park - DRIA 02-001/MPMD 02-002
Memorandum No. PZ 02-188
';~;~- ,i;~'C,'-', '~ ' '~:'~Ur: ~-,=:,
is reviewed by the Florida Department ,:f C,:rT'mu:",:'/' ,-,,,¢,,,o i. ~,=
Regional Planning Council (RPC) and the City. The DCA ant, the RPC are reviewing the
proposed NOPC and will provide comments following the procedures outlined in C;'~a:ter 380.06
The City's Land Development Regulations Chapter 1.5, Sec. 4.3A requires a preliminary rev~e,,v
by the Planning and Development Board of an amendment to a DRI. Chapter 380.06 F.S.
requires that the local governing body hold a public hearing to review and approve the NOPC.
The City Commission is required to determine whether the proposed change to the Quan',um
Park DRI is or is not a substantial deviation as defined in Chapter 380.06 (191. If it is determined
that the requested change is a substantial d~z~,.~,..n then further review w~!l be required pursuan:
to the statutory requirements. If the City Commission determines that the proposed change is
not a substantial deviation then they may take action to approve or deny the requested change.
The original DRI Development Order adopted a Master Plan for Quantum Park. That Master
Plan has been amended over the years, the latest change being approved on November 6,
2001. The proposed Amendment #13 alters the approved land uses for that Mas:er Plan.
Therefore the review of the DRI amendment also constitutes a review of the changes to the
Master Plan for Quantum Park. In addition to the state statutes, staff has reviewed the Master
Plan in accordance with Land Development Regulations Chapter 2, Section 7, Planned
Industrial Development and Chapter 3, IVlaster Plan Approval. First review comments were
generated and the Technical Review Committee (TRC) reviewed the Master Plan changes on
September 3, 2002.
ANALYSIS
Notice of Proposed Chanqe (NOPC) - Substantial Deviation
The criteria for determining if a proposed change to a DRI is a substantial deviation are outlined
in Chapter 380.06 (19). In reviewing the statute section staff determined that only one of the
criteria applies to the proposed changes for Quantum Park DRI. This criterion, which is
applicable for review of this proposed change is provided in Chapter 380.06(19)(e)5., which
states: "The following changes to an approved development of regional impact shall be
presumed to create a substantial deviation. Such presumption may be rebutted by clear and
convincing evidence".
4. Chapter 380.06(19)(e)5.c., Notwithstanding any provision of paragraph (b)' to the
contrary, a proposed change consisting of simultaneous increases and decreases
of at least two of the uses within a authorized multiuse development of regional
impact which was originally approved with more than three uses specified in
380.0651(3)(c), (d), (f) and (g) and residential use.
As part of the NOPC application the applicant is to complete a "Substantial Deviation
Determination Chart". The applicant has provided an updated chart. Amendment #13
involves changes to five land use categories: Industrial, Off!ce/Industrial, Mixed Use
(includes Residential), Reserved and Open Space. There is a loss of Industrial acreage,
but the allowable square footage thresholds would not change on the Master Plan. Also,
the proposed Mixed Use designation for Lot 89B would not add residential units to the
Master Plan. These changes are reflected in the "Notes" section on the Master Plan.
Qua,.~u,m Parx QRIA02-001,MPMD02-0O2
Memorandum bio. PZ 02-i 88
~ne propcsed increase and decreases are presumed
generation level of 63,752 average dai',,/:r~ps ~.AQT).
Conclusion
The proposed changes delineated in Amencment =:3 are de~ermined not ~o ~e a substant~ai
deviation per Chapter 380.06 (19) of the F;,:r~da Statutes. The applicant has provided, the
Substantial Deviation Table and a traffic s,ud,, to provide c~*r and convincing e/,dun~ of a
non-substantial deviation finding. This determination is subject to satisfying Condition of
Approval ~4 regarding Palm Beach County Traffic Pedormance Standarcs.
Master Plan Modification
The proposal submi~ed for the NOPC modifies the approved Master PIsR for the Quantum Park
DRI. There are three major changes proposed. The ap0licant provided the following descriptive
summary of these changes.
Lot 89B (4.00 Acres)
Lot 898 was previously designated as Office/industrial (OI) Land Use. The Land Use has been
revised to "Mixed Use (MU)". The proposed Mixed Use Land use designation includes office,
commercial and residential uses.
Lot 3 (4.07 Acres}
The Land Use of this lot is currently designated as Industrial (IND) Land Use. The Land Use has
been revised to "Office/Industrial (OI)". This tot previously was designated as Office/industrial
(OI) and revised to the current Industrial (IND) designation by Amendment No. 10.
Lot 34-C (6.58 Acres)
The Lot 34-C Land Use is currently designated as Reserved. The "Resenzed" L~nd Use
desicnation was approved as pa~ of the Master P!an amendment No 12 approval. The
conditions of approval for Amendment No. 12 acknowledged the need for the City to address
the Open Space requirements for the entire development prior to a developable Land Use
designation for Lot 34-C.
The Land Use designation for Lot 34-C is proposed to be removed from the "Re~erved'
designation and included, as it was previously, in the Open Space/Detention designation. The
reason for this request is described below.
Subsequent to the approval of Amendment No. l g Quantum Community Development '
(QCDD~ had acquired Lot 34-C. The QCDO is the public entity resconsible for the maintenance
Secondaw Drainage Systems within the development. The acquisition of Lot 34-C by the QCDD
removes the land from the available developable acreage. The QCDD purchased the propeKy
to address the prese~e and open space requirements of the Development Order, to address
security issues relative to the sand pine preserves ann to provide additional land area for
drainage purposes as necessaw to accommodate the vested future development.
Quantum Cark - DRIA 02-00t,,MPMD 02-002
Memorandum No. PZ 02-188
Table 1 provides the proposed acreage changes tc The CRI Master Plan.
TABLE 1' DRI MASTER PLAN LAND USE ACREAGE CHANGES
Land Use Designation Proposed Acreage DRIA i ~'xJsting Acreage Change
#13
Industrial (I,NO) 97.18 101 2,~ :4 C7
Office/Industrial ~OI) 79.82 7975 007
Mixed Use 94.88 g0.~8 4
Ooen Saace 88.78 ; ,52.20 6.58
Pesen~'ed 0
All other categories on the Land Use Acreage Table remain the same as approved in
Amendment ~12. The Quantum Park DRI acreage total of 553.13 remains unchanged.
The Quantum Park DRI has been amended 11 times over the years, whic,n is ncr unusual fcra
DRI of this type. The Florida Statute governing the DR! process, Chapter 380.06(19), provides
for and anticipates amendments stating "There are a variety of reasons why a developer may
wish to propose changes to an approved development of regional impact, including changed
market conditions".
These proposed changes to the Master Plan were analyzed from two perspectives. The first is
the potential for creating additional regional or local impacts. The second is the consistency and
compatibility of the proposed changes with the regulations and policies adopted by the City
through the Comprehensive Plan, Land Development Regulations and otp, er applicable studies
such as the Visions 20/20 plan.
Impacts
Reaional
A development has gone through the DRI process because the proiected impacts are
considered regional in nature. Any change to that development must be analyzed to determine if
the changes proposed create additional impacts above and beyond what was originally
identified and mitigated. In the case of the Quantum Park DRI the major issue is whether there
will be aN increase in traffic resulting from the land use redistribution/redesignation.
A provision in Amendment #8 to the Quantum Park development order requires that" A traffic
study shall be submitted with any future application reduestlng a change in use designations on
any lot. The City shall hire, at the
..... ,-uc~[c Works
review the study". In lieu of an inde?,enden:
Depa~ment Director, a designated TRC member, conducted the review of the traffic study. The
aP01icant has also transmitted the traffic study tc the Palm Beach Count'/ Traffic Division for
their customary review and approval.
Based on the TRC review of the Master Plan, including the traffic study, no additional regional
impacts are evident. The vested number of trips, 6S.752 is presumed to remain unchanged due
to the balancing of increases and decreases in the intensities of the proposed changes to the
land use designations. The Palm Beach Ccunty Traffic DMsion has ncr re!eased the results _
their review at this time.
' OuantOm Park - ORIA 02-C01,'MPMD 02-002
Memorandum bio. PZ 02-t 88
--, · =,-, ~,- r-,ann~ng Councd fccus
The Department of Community Affairs and the Treasure C,_,as, R~,~, al "" '
their review of the amendment on regional ~ssues exclusively., Staff has not ,mt.~ received a
: t ...... ,,;II-=~,,= cmments
formal written response from these agencies, it s .~t',--ic.¢t=d .h=~ the
from both agencies before review by the City Commission.
Local
The focus of the substantial deviation determiner/ch is regicnal impacts. The development order
for the DRI is a local order and the approval of any requested changes is withim the jurisdiction
of the city. As such, the city's main focus is local issues and impacts. There were no significant
' UdI~t,=~ DeF, artment has indicated
local issues identified by the TRC members at th~s time. The
that any unforeseen impacts to the water and sewer systems and related levels of service will
be borne by the developer. The updated Traffic Impact Analysis submitted with the request for
amendment indicates that there will be no increase in the allowable intensities of development.
The traffic generation levels will remain within the limits for which the DRI is vested. Turning
movements and signalization issues can be evaluated and addressed at the Plaster and
Technical Site Plan stage. Drainage will also be reviewed in detail as part, of the Master and
Technical site plan approvals, and must satisfy all requirements of the city and local drainage
permitting authorities.
Consistency and Compatibility with City Policies
Of the three changes proposed by the applicant only Lot 89B presents issues that are contrary
to city policies. The three proposed changes are discussed below.
Lot 3 - This lot was inadvertently changed from Office/Industrial (OI) to Industrial (I) in NOPC
#10. The site has an active site plan approval which requires the PI designation to allow the
permitted development of an office/warehouse with office use comprising more than 20% of the
square icotage permit~ea under an "lndustriai" cniy designation. The applicant is proposing the
change to rectify this situation.
Lot 34-C - This lot was designated as "Reserved" in the last DRI Master Plan amendment #12.
The "Reserve" category is a non-development designation. This lot was never designated for
development and has been included in the Open Space category until Amendment #12. The
applicant wanted to place an "Industrial" designation on the lot. Staff objected and the
compromise "Reserved" category was initiated until the city and developer could determine the
most appropriate use for the site. Subsequently, the developer sold the parcel to the Q~antum
Community Development District (QCDD) for detention/retention and open space. This is
c~,ns,~-.~nt with the intended use of the site in the r,r r'in~ ~i
Lot 89B - Lot 89B is a four (4) acre lot located in the northeast corner of the Quantum Park PID.
The current Master Plan designation is Office,/ Industrial (OI). It is an irreguary-shaoed lot
located east of High Ridge Road. The applicant has provided the fc!lcwing justification for
changing the lot to Mixed Use (MU).
Lot 89B is adjacent to Lots 83 through 88. Lots 83 through 88 are designated as Mixed
Use. It has been determined t.hat to enhance the Mixed Use concept, as well as the
residential component to that concept, the add/t/on of Lot 89B is necessary and
appropriate. The inclusion of lot 89B as M/xed Use wi// enhance the proposed
development of Lots 83-88, which w/// Oenefit the entire Quantum Par,'.( as well as the
Quantum Park - DRIA 02-001,,'MPMD 02-002
Memorandum bio. PZ 02-188
City.. There rea/ly /s no down side to :.::,,s change, as this prc:e%:,, .has ~.een ~--,'.,/"~ng vaca,~r
for many, many years, and as such. apparently is nct desfrabie /n r,~,e marker fcr
development as Office or Industrial.
First, Lot 89B is not "adjacent" to Lots 83 -88. It is across High Ridge Road which is a four lane
divided local collector. Second, there is existing and proposed office, industrial and commercial
development surrounding Lot 89B as descrii3ed further below.
North - Lot 89-A designated Office/Industrial (OI) and occupied by Ed Carey Design,
(Design, manufacturing, storage and distribution of dgcor elements) and developed land,
outside of Quantum Park, with an industrial land use designation and zoned M-l;
South - Right-of-way for High Ridge Road and Lot 90(portion) designated
Office/Industrial (OI) developed as Gateway Professional Building;
East- Lot 90(portion) designated Office/Industrial (OI) developed as Gateway
Professional Building and Lot 90(portion) designated Government/Institutional (G&I))
developed as the TriRail public transportation station;
West- Lot 89-A designated Office/industrial (OI) and occupied by Ed Carey design and
right-of-way for High Ridge Road..
Farther south in this northeast portion of Quantum Park is Lot 9! designated
Office/Industrial/Commercial on the Quantum Park Plaster Plan. It is located on tine northeast
corner of High Ridge Road and Gateway Boulevard. The northern border is an access drive for
the TriRail station. This parcel was originally approved for an ice skating rink but the site plan
expired. Now it is the subject of an Use Approval application for a gas station/truck
stop/convenience store and a Conditional Use/Site Plan application for a fast food restaurant
with a drive-through facility. The applicant's argument that Lot 89B is not suitable for office or
industrial is not consistent with the nature of development occurring around it.
Simultaneously with this NOPC application, Quantum is requesting Master Site Plan approval
for Lots 83-88 designated Mixed Use on the Master Plan. These lots were the first to be
designated Mixed Use with the approval of Quantum Park DRI Plaster Plan Amendment #10.
This proposed Master Site Plan provides for commercial development along Gateway
Boulevard and 136 fee simple townhomes on the balance of the site. An additional six (6) rental
units are proposed to be located in the commercial portion of the site integrated with office use.
Aisc submitted is a Master Site Plan for Lot 89B that continues the townhome portioq of the
development with 39 units proposed. If these two Master Site Plans were approved they would
use the balance of residential units permitted for Quantum Park.
Mixed Use, including residential, commercial and office is permitted on lots 83-88. These lots
are the last available designated for this ty0e of develo0ment in Quantum Park. The city's
original intent in approving the "Mixed Use" designar, ion was to aiiow [ne development of nec-
traditional and new urbanism design concepts. This has not occurred, nor is it evident in the
two Master Site Plans submitted. Considering the intent of the mixed use designation it would
be more appropriate to incorporate the remaining 39 units into the site plan for lots 83-88.
The location of lot 89B is not conducive to residential development as it is surrounded by non-
residential uses. The future residents will be homeowners who may object to specific industrial
uses located adjacent to them. This incompatible situation is contrary to the intent and purpose
Quar'tu'm Park - ORIA 02-O01/MPMD 02-002
Nlemorandum No. PZ 02-188
of a planned industrial park. Also, the ar..,sumen; :y t~e applicant that 59S ',,,,i'.! en,'"ance the
development of the mixed use on Lots 83-88 located to the ,,vest, is fla,;Jed. There is no logical
connection between Lot 89B and the lots to the ,,vest. The applications for the Master Site P!ans
indicate that the recreation area will be !oca~e,d cn ,'he residential ¢cr-t.',cn cf Lots 82-88 tc the
west and will be used by the residents in 89B. Automobiles as well as pedestrians must cross
High Ridge Road, a four-lane divided roadway to access the principal project. This is not a
signalized intersection nor is it proposed to be one. Safety and access are major concerns since
this portion of High Ridge Road is located on a curve and carries a significant amount of truci.<
traffic from the industrial area to the north.
Additional arguments against the change for 89B to mixed use are provided in the City's
Comprehensive Plan policies.
Policy 1.19.2 of the Land Use Element addresses the provision cf lands for Industrial
development and reads as follows:
"The City shall provide continued effort to allow for industrial acreage which can
accommodate the approximate industrial employment which has been projected in the
Future Land Use Element, and prohibit conversion of land designated "Industrial" on the
currently adopted Future Land Use Map unless such conversion would generate a range
of employment choices for current and future residents, provide goods and services of
regional importance, and retain regional fiscal and economic significance."
Policy 1.19.4 states "the city shall continue to encourage and enforce the development of
Industrial land as industrial parks or concentrated industrial areas in order to maximize the
linkage between complementary industries".
The 1989 Comprehensive Plan contains policies dealing with the general incompatibilities
between "Industrial" and "Residential" land uses and recommends physical separation and
buffering to ameliorate those effects. The proposed location for the 39 townhome units on Lot
89B is adjacent to properties developed for industrial and office uses.
There is no adequate justification provided by the applicant to convert lands earmarked for
development as an employment center to residential development. If one of the goals of the
City is to maintain a jobs/housing balance, as lands designated for employment-based
development are reduced, a corresponding need for housing diminishes. Otherwise, the City
becomes merely a bedroom community for other, more successful, employment centers in the
County. ,
Conclusion
As indicated herein, the impacts of the proposed DRI amendments on the utility systems,
roadways and public facilities are either within the existing capacities or additional provisions will
be required of the developer to ensure that levels of service standards are not compromised.
Regarding the conversion of Lot 89B from Office/Industrial to Mixed Use (MU), there has been
no justification presented by the applicant that would refute the findings contained herein, nor
specifically justify its conflict with the Comprehensive Plan or its disadvantages regarding
location. If it is the intent of the applicant to develop all of the allotted 'i 000 residential units,
they can be located on the existing mixed use designated lots. This can be accomplished by
using a new urbanism design that integrates the residential units with office or commercial in
Quantum Park - DRIA 02-001/blPMD 02-002
Memorandum No. PZ 02-188
one building as originally proposed and used by the apoiicant to just;fy a prev~cus
application.
RECOMMENDATIONS
Pursuant to Florida Statutes, Chapter 380.06(19) Substantial Deviations, the appiicant has
demonstrated by clear and convincing evidence that the proposed change is not a substantial
deviation requiring additional development of regional impact review.
Regarding the proposed modifications to the Quantum Park Master Plan staff recommends
approval of designating Lot 3, Office/Industrial (OI) and designating Lot 34-C, Open
Space/Detention.
Based on the analysis presented above, staff recommends denial of the request to designate
Lot 89B "Mixed Use". If the request for Lot 89B is approved staff recommends that Lot 89B, if
developed exclusively as residential, at a minimum be buffered from adjacent non-residential
uses in accordance with the requirements of the Quantum Park Buffer Plan and the PlO buffer
requirements in the Land Development regulations. No. waivers should be granted from these
buffer requirements (see conditions of approval Exhibit "O").
S:\PLANNiNG\$HARED\WP'PROJECTS',QUANTUM PARK 2002 AMEND ,~13 ~ ,MPMC'DRIA 02-001\STAFF REPORT ¢13.DOC
Ol= cOMMER
,NTUM pARK]
"MOTC]ROL.a ,
'0 1/8 MILE
EXHIBI,T "B"
EXISTING MASTER PLAN
/
~ ~
EXHIBIT C"
PROPOSED MAST R PLAN
EXHIBIT "D"
Conditions of Approval
Project name: Quantum Park NOPC Amendment
File number: MPMD 02-002
Ret'erence:_~"~ review plans identified with a September _.x .~00_ '~ *Plannmg and Zoning Department date stamp
marking.
DEPARTMENTS I INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments:
1. With respect to the re-designation of Lots 89B and 3 the Developer shall X
provide a Traffic Impact Analysis (TI.A) as noted in StafiTs revie~vs of
Quantum Villages North and Quantum Villages East (Lot 89B). dated August
5, 2002, (provided under separate cover) which, at a minimum, evaluates the
impact of traffic (turning movements) and need for signalization. Of
particular concern is traffic congestion at the proposed intersection of High
Ridge Road and the proposed Quantum Villages North and Quantum Villages
East (Lot 89B). The TIA must be provided at time of Master Site Plan
submittal for Lot 89B and Quantum Village-North.
UTILITIES
Comments:
2. The applicant (through his design engineering consultant) needs to X
demonstrate that: a.) sufficient utility system capacity is available to support
the proposed modifications to the previously approved land uses to the north
of Gateway Boulevard; or b.) that the necessary upgrade(s) to the system(s)
will be provided to allow for the proposed use(s) at time of Technical Site
Plan Review.
FIRE
Comments: None X
POLICE
Comments: None X
ENGkYEERING DIVISION
Conditions of Approval
.L
DEPARTMENTS [ INCLUDE REJECT
Comments: None
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments:
3. All residential development planned for this area will be subject to the Park X
and Recreation Facilities Impact Fee.
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments:
~.. Under the condition of Amendment #8 to the Quantum Park Development X
Order and Chapter 3, Article IV of the Land Development Regulations, a
traffic analysis is required for this Master Plan approval. In lieu of an
independent traffic consultant, the staff and the Palm Beach County Traffic
Division will review the traffic study. The project must meet the Palm Beach
County Traffic Performance Standards.
5. if Lot 89B is developed as residential, it must meet the buffer requirements of
the Quantum Park Penpherial Landscape Buffer Plan and the PD buffer X
requirements in the Land Development Regulations. No waivers are allowed.
ADDITIONAL PLAN~'NING & DEVELOPMENT BOARD CONDITIONS
Comments:
1. Omit Comment #5 allo~sng buffer plan to be reduced and project setbacks as X
proposed or adjusted.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1.' To be determined.
S:~,Planning\SHARED\WP\PROdECTS\Quantum Park 2002 Amend #13 + MPMD\CCA.doc
XII. - LEGAL
ITEM C.1
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FOl v
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
[] August 6, 2002 July 17, 2002 (5:00 p.m.) [] October l, 2002 September 16, 2002 (Noon)
[] August 20, 2002 August 5, 2002 (Noon) [] October 15, 2002 September 30, 2002 (Noon)
[] September 3, 2002 August 19, 2002 (Noon) [] November 6, 2002 October 14, 2002 (Noon)
[] September 17, 2002 September 3, 2002 (8:00 a.m.) [] November 19, 2002 November 5, 2002 (Noon)
[] Admimstrative [] Development Plans
NATURE OF [] Consent Agenda [] New Business
AGENDA ITEM [] Public Hearing [] Legal
[] Bids [] Unfinished Business
[] Announcement [] Presentation
[] City Manager's Report
RECOMMENDATION: Authorization for acquisition of property for the expansion of the Wilson Center and Park area
from Lawton Mapp, located at 1407 N.W. 1st Street, waiving the statutory obligation of obtaining an appraisal on this
property, pursuant to 166.045, Florida Statutes and authorizing the City Manager to execute all necessary documents.
EXPLANATION: The Recreation and Parks Departments, Neighborhood Specialist, and Commtmity Redevelopment
Department are cooperating to obtain additional land for the expansion of Wilson Park and Center. The above listed property
is one of several parcels that we are attempting to acquire. This property is located on the northeast comer of Wilson Park.
PROGRAM IMPACT: The City's Capital Improvement Plan calls for the acquisition of land for the replacement of Wilson
Center in fiscal year 2002/03 with the replacement of the Center to take place in 2003/4. This acquisition will contribute to
the eventual expansion or replacement of the Wilson Center.
FISCAL IMPACT: Cost of this acquisition is $15,000 for the property and approximately $2,500 for relocation expenses.
Funds are available in account # 302-4113-580-61-01.
ALTERNATIVES: Decline to acquire this property and attempt to expand or replace Wilson Center on existing property in
Wilson Park.
Department Head's Signature / " ~2~i'ty Manager's Sfgnature
Parks [ - City ~o~3y / Finance / Human Resources
Deparm~ent Name
S:'d3ULLETIN~FORMS~GENDA ITEM REQUEST FORM.DOC
RESOLUTION NO. R02-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
THE ACQUISITION OF PROPERTY FOR THE
EXPANSION OF THE WILSON CENTER AND PARK
AREA FROM LAWTON MAPP; WAIVING THE
STATUTORY OBLIGATION OF OBTAINING AN
APPRAISAL, PURSUANT TO 166.045, FLORIDA
STATUTES; AUTHORIZING THE CITY MANAGER TO
EXECUTE ALL NECESSARY DOCUMENTS; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission, upon recommendation of staff, has deemed it to
be in the best interests of the citizens and residents of the City to acquire property located at
1407 N.W. 1st Street, owned by Lawton Mapp for the expansion of the Wilson Center and
Park Area; and
WHEREAS, pursuant to 166.045, Florida Statutes, as this purchase prices is less
than $100,000 the City Commission has the authority to waive the statutory obligation of
obtaining an appraisal;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution upon adoption
hereof.
Section. 2. The City Commission of the City of Boynton Beach, Florida does
hereby authorize the acquisition of property for the expansion of the Wilson Center and Park
Area fi.om Lawton Mapp, waives the statutory obligation of obtaining an appraisal pursuant
to 166.045, Florida Statutes and authorizes the City Manager to execute all necessary
S:\CA'dt, F~SOkReai F.~ate~urcha~ of Ma~ Property 100902.dtm
documents.
Section 2. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this ~ day of October, 2002.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
City Clerk
(Corporate Seal)
S \CAXRESO'd*,~I ~tateXPureha~ ofMa~ Pvol:~x'Y 100902 cloc
XII. - LEGAL
ITEM D.1
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
[] August 6, 2002 July 17, 2002 (5:00 p.m.) [] October l, 2002 September 16, 2002 (Noon)
[] August 20, 2002 August 5, 2002 (Noon) [] October 15, 2002 September 30, 2002 (Noon)
[] September 3, 2002 August 19, 2002 (Noon) [] November 6, 2002 October 14, 2002 (Noon)
[] September 17, 2002 September 3, 2002 (8:00 a.m.) [] November 19, 2002 November 5, 2002 (Noon)
[] Administrative [] Development Plans
NATURE OF [] Consent Agenda [] New Business
AGENDA ITEM [] Public Heating [] Legal
[] Bids [] Unfinished Business
[] Announcement [] Presentation
[] City Manager's Report
RECOMMENDATION: Authorization for the City Attorney to seek an injunction of a business operating without an
occupational license.
EXPLANATION: For the past several weeks the City Attorney together with various members of city staffhas been
meeting with the owner of Barcelona Pre-Cast, Inc., a/k/a Barcelona Pottery, in an attempt to resolve certain code violations
in an effort to get this property into compliance. We have been unable to resolve these issues in a Umely fashion that is
acceptable to City staff and the City Attorney is now seeking authorization to file an injunction of this business for operating
without an occupational license.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: Allow this property to continue to operate without an~violation of City Code.
Department Head's Signature City Manager's Signature
City Attorney
, l City Attorn~/Finance / Human Resources
Department Name
S:~BULLET1N~ORMS~AGENDA ITEM REQUEST FORM.DOC