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Agenda 01-07-03The City of Boynton Beach 100 E. Boynton Beach Boulevard · (561) 742-6000 City Commission AGENDA JANUARY 7, 2003 Gerald Broening Mayor At Large Ronald Weiland Commissioner District I Mack McCray Commissioner District II Mike Ferguson Vice Mayor District III Carl McKoy Commissioner District IV Kurt Bressner City Manager www.boynton-beach.org We're Reinventing City Living for the Millennium WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLIC PART/CIPATTON AT CI'TY OF BOYNTON BEACH COMMTSSTON MEETINGS 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 not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. · Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. · Regular Agenda Items: 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. SPEAKING AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item. City Commission meetings are business meetings and, as such, the Commission retains the right to limit discussion on an issue. Comment cards are located on the table by the entry door to the Chambers. Please complete a "Comment by the Public Card" and give it to the City Clerk at the left end of the dais before the "Openings" portion of the meeting. As a general practice, comment cards will not be accepted after presentation of an agenda item has begun. · Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings". · Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission. Please use the yellow colored card for matters not listed on the agenda. The Mayor will call for speakers by name from the yellow cards provided by the City Clerk. · Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded. Please use the green colored card for matters listed on the agenda. The Mayor will call for speakers by name from the green cards provided by the City Clerk. ADDRESSING THE COMMISSION: When your name is called, please step up to either podium and state, for the record, your name and address. DECORUM: Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission will be barred from further audience before the Commission by the presiding officer, unless permission to continue or again address the Commission is granted by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to Holidays/Election Day). CITY OF BO YNTON BEA CH REGULAR CITY COMMISSION MEETING AGENDA January 7, 2003 6:30 P.M, OPENZNGS: A. Call to Order - Mayor Gerald Broening B. Invocation/Moment of Silent Prayer C. Pledge of Allegiance to the Flag led by Commissioner McKoy D. I'F YOU WTSH TO ADDRESS THE COMMISSt'ON: · FTLL OUT THE APPROPRZATE REQUEST FORM · GTVE Zl' TO THE CTrY CLERK (ON THE DATS) BEFORE THE "OPENTNGS" PORTION OF THE AGENDA HAS BEEN COMPLETED · COME TO THE PODZUM WHEN THE MAYOR CALLS YOUR NAME I'NDZVTDUALS MAY SPEAK FOR THREE UN1'NTERRUPTED M'rNUTES. E. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption PUBLTC AUDTENCE: t'NDZVTDUAL SPEAKERS WZLL BE L?MTI'ED TO 3-MTNUTE PRESENTATIONS TZZ. OTHER: A. Informational Items by Members of the City Commission IV. ADMINISTRATIVE: A. Accept letter of resignation from Maurice Rosenstock, Regular Member of the Planning & Development Board B. Accept letter of resignation from Randy O'Hara, Regular Member of the Education Advisory Board Agenda Regular City Commission MeeUng Boynton Beach, Florida January 7, 2003 C. Appointments to be made: Appointment Length of Term To Be Made Board Expiration Dat~ II! Ferguson Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/03 Tabled (2) IV McKoy Education Advisory Board Stu 1 yr term to 4/03 Tabled (3) Mayor Broening Education Advisory Board Reg 2 yr term to 4/04 Tabled (2) I Weiland Education Advisory Board Reg 2 yr term to 4/04 II NcCray Library Board Alt i yr term to 4/03 Mayor Broening Nuisance Abatement Board Alt i yr term to 4/03 IV McKoy Planning & Development Board Reg 2 yr term to 4/04 II McCray Recreation & Parks Board Alt i yr term to 4/03 Tabled (3) V. ANNOUNCEMENTS, COMMUNZTY & SPECIAL EVENTS, & PRESENTATIONS: A. Announcements: None B. Community and Special Events None C. Presentations: 1. Proclamations: None 2. Presentation to the Links of Boynton Beach and Hops Restaurant for their participation in this year's fund raiser by Pepper Adair of the American Heart Association, Police Chief Marshall Gage, and Fire Chief William Bingham 3. Presentation of certificate of appreciation to the Boynton Beach Color Guard and the Boynton Beach Fire Rescue by Klm Kelly of the Ocean Avenue Merchants and Friends Agenda Regular CityCommission Meeting Boynton Beach, Florida 3anuary~ 2003 XlII. UNFINISHED BUSINESS: (MOVED UP AT REQUEST OF cTrY COMMISSION) A. Notion for reconsideration of Proposed Ordinance No. 02-062 VI. PUBLIC HEARING: 6:30 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS A. Project: Hawks Landing (REZN 02-006) Agent: Bradley Miller, AICP/Niller Land Planning, Inc, Owner: Grayhawk Development Corporation Location: North of NE 16th Avenue, between NE 3rd COUrt and NE 4th Street Description: Request to rezone from R-3 Multifamily Residential (10.8 dwellings per acre) to Planned Unit Development (PUD), for 18 single family detached zero lot line homes B. Project: Gateway Plaza (COUS 02-005) (Posrt,otv o) Agent: H. Burton Smith, P.E. Owner: KWB Charitable Trust Location: Lot 91 - Quantum Park PID (Northeast corner of High Ridge Road and Gateway Boulevard, Quantum Park PID) Description: Request for conditional use/site plan approval for gas station, convenience store/fast food restaurant with drive through on a 6.54-acre parcel C. Comprehensive Plan Text Amendment (CPTA 02-002) Agent/Owner: Staff initiated Description: Request to amend Comprehensive Plan Objective 1.12 and Policies 1.12.1 and 1.12.2 in the future Land Use Element to update the review process for residential developments in the Coastal High Hazard Area; and Request to amend Comprehensive Plan Policy 1.:[6.1 to add lists of uses allowed in residential land use categories; to recognize recommendations of the "Federal Highway Corridor Community Redevelopment Plan" as a basis for designating certain lands as Spec/a/H/gh Dens/b/Res/dent/a/land use; and to establish the M/xed Use-Core and Conservat/on land use categories and corresponding lists of allowed uses The review of this item is for approval to transmit to the State Department of Community Affairs for consistency review D. Project: Beachside at Boynton (LUAR 02-008) Agent: Siemon & Larson, P.A. Owner: Gulfstream Lumber Company Location: 1415 South Federal Highway (Northwest corner of Federal Highway and Woolbright Road) 3 Agenda Regular City Commission Meeting Boynton Beach, Florida .lanuary 7, 2003 Description: Request to amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial (LRC) to Mixed Use (MX); and Request to rezone from Community CommerCial (C-3) to Mixed Use-Low Intensity (MU-L) For Mixed Use development (residential, retail, and office) The review of this item is for approval to transmit to the State Department of Community Affairs for consistency review E. Project: Arbolata Townhomes (LUAR 02-009) Agent: William Weitsma, William Weitsma Co. Inc. Owner: William H. Baker, Trustee Location: 3450 S. Congress Avenue Description: Request to reclassify the subject property from Industrial (I) to High Density Residential (HDR) at a density of :[0.8 du/ac; and Request to rezone from M-! Industrial to Planned Unit Development (PUD), in order to construct :[72 fee-simple townhouses The review of this item is for approval to transmit to the State Department of Community Affairs for consistency review F. Project: Mixed Use-Core (LUAR O2-O10) Federal Highway Corridor Future Land Use Map Amendment Agent: City of Boynton Beach Location: East side of Federal Highway, between Ocean Avenue and NE 4th Street Description: Request to amend the Comprehensive Plan Future Land Use Map from Mixed Use (MX) to Mixed Use-Core (MX-C) The review of this item is for approval to transmit to the State Department of Community Affairs for consistency review G. Project: Rosemary Scrub (LUAR 02-011) Agent: City-initiated Owner: Palm Beach County Location: Northwest corner of the intersection of N. Seacrest Boulevard and Miner Road Description: Request to reclassify the subject property from Recreational (R) to Conservation (CON), and Request to rezone from Recreation (REC) to Environmentally Sensitive Land (ESL) 4 Agenda Regular City Commission Iqeeting Boynton Beach, Florida January 7, 2003 The review of this item is for approval to transmit to the State Department of Community Affairs for consistency review H. Project: Seacrest Scrub (LUAR 02-012) Agent: City-initiated Owner Palm Beach County Location: South Seacrest Boulevard approximately 1/4 mile north of the intersection of Gulfstream Boulevard Description: Request to reclassify the subject property from Recreational (R) to Conservation (CON), and Request to rezone from Recreation (REC) to Environmentally Sensitive Land (ESL) The review of this item is for approval to transmit to the State Department of Community Affairs for consistency review VZT. 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 December 16, 2002 2. Regular City Commission Meeting of December 17, 2002 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2002-2003 Adopted Budget 1. Award the bid for "PURCHASE OF ONE NEW AND UNUSED PORTABLE, TRAILER MOUNTED, SELF CONTAINED VACUUM UNIT," Bid #078-2821- 02/C_ID, to SOUTHERN SEWER EQUIPMENT SALES, INC. of Ft. Pierce, Florida, in the amount of $28,950 2. Approve the FOUR-YEAR LEASE OF A SPECTRUM 5-SERIES FOLDING AND INSERTING SYSTEM from PITNEY BOWES, utilizing FLORIDA STATE CONTRACT #600-760-00-1 at a monthly cost of $789 C. Resolutions: 1. Proposed Resolution No, RO3-OO! Re: Release of a cash bond of $6,600 to ABI Companies, Inc. for the project known as Newport Place 5 Agenda Regular City Commission Meeting Boynton Beach, Florida January 7, 2003 2. Proposed Resolution No. R03-002 Re: Release of a cash bond of $2,200 to Charter Schools of Boynton Beach for the project known as the Charter Schools of Boynton Beach 3. Proposed Resolution No. R03-003 Re: Executing Consultant Agreement Form for General Engineering Services with PBS&3 for Utility Relocation Design associated with Palm Beach County Engineering Project No. 97509 (Lawrence Road from Gateway Boulevard to Boynton Beach Boulevard) 4. Proposed Resolution No. R03-004 Re: Approval of Task Order No. 19 with CH2MHill for the task of designing and constructing a Stormwater Diversion from Seacrest Boulevard to the East Water Treatment Plant Retention Area 5. Proposed Resolution No. R03-005 Re: Confirming terms and conditions set forth in the Fire Rescue Department's EMS grant award as approved by the Palm Beach County Division of Emergency Medical Services 6. Proposed Resolution No. R03-006 Re: Revoking the License Agreement between the City of Boynton Beach and Jordan Wrecker Service (Licensee) for violation of the terms and conditions of the License Agreement D. Ratification of Planning & Development Board Action: 1. Gateway Plaza (USAP 02-002), Lot 91-Quantum Park PTD (Northeast corner of High Ridge Road and Gateway Boulevard - Request for use approval for a gasoline dispensing establishment and convenience store on Lot 91 in the Quantum Park PTD 2. High Ridge Commerce Center #2 (CDPA 02-002), Southwest corner of High ridge Road and Miner Road - Request for an appeal from Land Development Regulations Chapter 9, Section 11..~. to permit overhead bay doors to face High Ridge Road (APPLZC41W'REqUEST~ POSTPOIVEHEIVT TO .~ANUAR Y 2:[~ 2003 3. High Ridge Commerce Center #2 (NWSP 02-019), Southwest corner of High Ridge Road and Miner Road - Request new site plan approval to construct two light industrial buildings totaling 139,500 square feet on 10.4 acres in an M-1 zoning district (APPLZCAIVT RE(~?UEST$ POSTPONEHENT TO .IAIVUAR Y 2:[, 2003 I~IEETZNG) High Ridge Commerce Center #2 (ZNCV 02-015), Southwest corner of High Ridge Road and Miner Road - Request relief from the City of Boynton Beach Land Development Regulations, Chapter 7.5, Article [T, 6 Agenda Regular City Commission Meeting Boynton Beach, Florida 3anuary 7, 2003 Landscape Code, Section 3.B.4., to allow parked vehicles to encroach two feet into a seven foot landscape buffer area required by code for a manufacturing/industrial building in a M-1 zoning district (APPL~'C,4NT REQUESTS POSTPONEAIENT TO 2ANUAR Y 2.Z, 2003 IYEE72'NG.) 5. Woolbright Medical Building (Freeman) (SPTE 02-002), Woolbright Road and SW 22nd Street - Request a second one-year time extension of the site plan approval and concurrency certification originally granted on November 8, 2000 and extended to November 8, 2002 6. Hawks Landing (SBMP 02-004), North of NE 16th Avenue, between NE 3rd Court and NE 4th Street - Request for new subdivision master plan approval for 18 single-family zero lot line homes on a 1.94-acre parcel E. Ratification of CRA Action: None F. Approve payment to Aether Systems, Inc. in the amount of $26,109 for Software Maintenance Agreement for Police Department computer system for 11/01/02 to 10/31/03 G. Approve payment to Sonneborn, Rutter, Cooney, Klingensmith & Eyler for professional services regarding Manzanarez vs. City involving an automobile accident H. Approve a donation from monies received from Local Confiscated Funds to the 3uvenile Transition Center, Tnc. of Boynton Beach, in the amount of $4,000 (TABLED ON DECEHBER :[ ~ 2002) VTZZ. CZTY MANAGER'S REPORT: A. Follow-up Report on 2002 Holiday Parade ZX. FUTURE AGENDA TI'EMS: A. Approve Community Development Block Grant (CDBG) Sub-Grantee Agreement with Juvenile Transition Center, Tnc. of Boynton Beach in the amount of $7,500 (Proposed Resolution No, R03-,,,) B. FAA Whistle Ban - Report (January 2003) - Delayed due to Federal Railway Administration Delay in Rulemakincj C. 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) Agenda Regular City Commission Meeting Boynton Beach, Florida ~anuary 7, 2003 X. DEVELOPMENT PLANS: None XZ. NEW BUSZNESS: None XII. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 02-063 Re: Amending Article III Pensions for Police Officers, Chapter 18 of the Boynton Beach Code of Ordinances; amending the requirements for retirement; and amending the monthly supplemental benefits 2. Proposed Ordinance No. 02-064 Re: Amending Article III Pensions for Police Officers, Chapter 18 of the Boynton Beach Code of Ordinances to provide for optional transfer of accumulated leave balances upon retirement 3. Proposed Ordinance No. 02-065 Re: Amending Article III, Pensions for Police Officers, Chapter 18 of the Boynton Beach Code of Ordinances; allowing participants in the DROP to change their method for the crediting of investment earnings 4. Proposed Ordinance No. 02-066 Re: To allow a one-time opportunity for current participants in the Police Officers' Pension DROP to change their method to credit investment earnings pursuant to Article [[[, Pensions for Police Officers, Chapter 18 of the Boynton Beach Code of Ordinances B. Ordinances - 1~t Reading None C. Resolutions: None D. Other: None Agenda Regular City Commission Meeting Boynton Beach, Florida January 7, 2003 XTV. ADJOURNMENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MAI-FER CONSIDERED AT THIS MEETING~ 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 SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EOUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE,. PROGRAM~ OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT JOYCE COSTELLO, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CiTY TO REASONABLY ACCOMMODATE YOUR REQUEST. bg FINAL AGENDA 1/7/2003 8:19 AM S:\CC\WP\CCAGENDALa, GENDAS\YEAR 2003\010703 FINAL AGENDA.DOC IV. ADMINISTRATIVE ITEM A. ~. Maurice Rosenstock ,'...' I1: I n~ Oae Villa La~e Boynton Beach, Florida 33436 December 7, 2002 Mayor Gerald Broening 100 East Boynton Beach Blvd. Boynton Beach, FL 33425 Dear Mayor, I would like to submit my resignation from the Planning and Development Board, as I have been sick for a few months and will not be able to attend any meetings in the near future. I have served for many years and it has always been a pleasure do~in.g my part for the. city of Boynton Beach. I do hope the good work of this board will continue and Boynton Beach will be a great place to live and an attractive community to live in. Sincerely, Maurice Rosenstock M~kx~JnmF I'V. ADMI'NZSTRATI'VE I~TEM B. Randy O'Hara 21 Colonial Club Drive #200 Boynton Beach, FL 33435 561-752-1712 December 17, 2002 City Clerk's Office, 100 East Boynton Beach Blvd, City Hall P.O. Box 310, Boynton Beach, FL 33425-0310 To Whom It May Concern: I greatly appreciate the City Commissioners for giving me the opportunity to serve as a member of the City of Boynton Beach Education Advisory Board. However, in the best interest of my family, I have recently accepted an employment position that has altered my schedule of availability. This has made it impossible for mc to meet thc time commitments of the EAB and also the SAC of Congress Middle School. Therefore, I regretfully submit my resignation from the Education Advisory Board. Sincerely, Randy O'Hara V.-ANNOUNCEMENTS & PRESENTATIONS [tern C.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 ~ in to City Clerk's Office Meeting Dates in to City Clerk's Office. [] December 3, 2002 November 18, 2002 (Noon) [] February 4, 2003 January 21, 2003 (Noon) [] December 17, 2002 December 2, 2002 (Noon) [] February 18, 2003 February 3, 2003 (Noon) [] January 7, 2003 December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003 (Noon) [] January 21, 2003 January 6, 2003 (Noon.) [] March 18,. 2003 March 3, 2003 (Noon) [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business c-:~ AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unf'mished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: EXPLANATION: The American Heart Association wants to thank the Links at Boynton Beach and Hops restaurant for their participation in this years fund raiser. Pepper Adair will present an appreciation plaque from the American Heart Association along with the Police Chief Marshall B. Gage and Fire Chief William Bingham. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A // City Manager's Signature ./Depa Police City Attorney / Finance / Human Resources Department Name S:~BULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC From: Gage, Marshall Sent: Tuesday, December 03, 2002 2:43 PM To: Byers, Sarah Subject: FW: The Links ..... Original Message ..... From: Pepper Adair [mailto:pepper.adair@heart.org] Sent: Monday, December 02, 2002 5:19 PM To: Gage, Marshall Subject: The Links I plan on doing an appreciation plaque for the Links. Do you want me to have it for you by the 17th for the commission meeting? Chief Bingham and I were talking about possibly presenting Hops with the same thing if we could fit into the agenda. But if not, I'd still like to have something official for the Links as well. Please let me know. Pepper Pepper Adair American Heart Walk Director American Heart Association Florida/Puerto Rico Affiliate 500 N.E. Spanish River Boulevard Ste 22 Boca Raton, FL 33431 Phone: (561) 394-0170 Fax: {561) 391-8669 pepper.adair@heart.org <pepper.adair@heart.org> · V.-ANNOUNCEIqENTS & PRESENTATZONS · Ztem C.3 City Managers Office This a written request to be placed on the City Commision l\,~ee, ting agenda for !an 7'~. 2003 so The Ocean Ave Merchants and Friends can present a certificate o;' appreciation tc th, Bc.~n:on Beach Color Guard and The Bo.wtton Beach Fire Rescue for Farticipa.::ng in :he "~ '~ Annual C]-.r:stmas on :he Avenue" m downtmm Boynton on Saturday, December !4a' 20(~2. The event raised S!000 00 which will buy toys for children at Bethesda Hospital and :hose in care of the Florida Degt.. Of Children and Families On Wednesday. at 10x")0 AM the merchants will gather at HUm-cane Al'.ey to present [he toys to Mr. Fred Wein of the DCF Also on December 23, Santa Claus '~,all be delirering gifts to those at Bethesda Hospital. Sincerely, Kim Kelly RECEIVED DEC 17 2002 CITY MANAGER'S OFFICE VI.-PUBLIC HEARING ITEM A. 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 [] December 3, 2002 November 18, 2002 (Noon) [] February 4, 2003 January 21, 2003 (Noon) [] December 17, 2002 December 2, 2002 (Noon) [] February 18, 2003 February 3, 2003 (Noon) [] January 7, 2003 December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003 (Noon) [] January 21,2003 January 6, 2003 (Noon.) [] March 18. 2003 March 3, 2003 (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 January 7, 2003 City Commission Agenda under Public Hearing. The Planning and Development 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 02-293. EXPLANATION: PROJECT: Hawks Landing (REZN 02-006) AGENT: Bradley Miller, AICP / Miller Land Planning, Inc. OWNER: Grayhawk Development Corporation LOCATION: North of NE 16t~ Avenue, between NE 3rd Court and NE 4t~ Street DESCRIPTION: Request to rezone from R-3 Multifamily Residential (10.8 dwellings per acre) to Planned Unit Development (PUD), for 18 single family detached zero lot line homes. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ~ ALTERNAT~ .~ L{~j~A, De%'ffo Irffent ]D~partrr]ent Director City Manager's Signature Planning and Zoain~ 13irector City Attorney / Finance / Human Resources S:WlanningXSHARED\WP~PROJECTS~Hawks LandingW, EZN~genda Item Request Hawks Landing REZN 02-006 1-7-03.dot S:~BULLET1NWORMS',AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 02-293 TO: Chairman and Members Planning ~nt Board FROM: Dick HudJl~fri~'-Slenior Planner THROUGH: Michael W. Rumpf ~ Director of Planning and Zoning DATE: December 9, 2002 PROJECT DESCRIPTION Project/Applicant: Hawks Landing/Greyhawk Development Corporation Agent: Bradley D. Miller Owner: Greyhawk Development Corporation Location: North of NE 16m Ave, betxveen NE 3rd Court and NE 4~h Street File No: Rezoning (REZN 02-006) Property Description: Vacant property consisting of [.94 acres, classified High Density Residential (HDR) and zoned R-3, Multi-Family Dwelling District Proposed change/use: To rezone from R-3, Multi-Family Dwelling District, to Planned Unit Development (PUD). Adjacent Land Uses and Zoning: North: Developed adult community (Four Sea Suns) designated High Density Residential (HDR, 10.8 dwellings per acre) and zoned R-3, Multi Family Residential. South: Developed single family homes, designated Low Density Residential (LDR, 4.84 dwellings per acre) and zoned R1A, Single Family Residential. East: Right-of-way NE 4a' Street then a nursing home designated High Density Residential (HDR) and zoned R-3, Multi Family Residential. West: Right-of-way NE 3~ Court then a developed adult community (Four Sea Suns) designated High Density Residential (HDR, 10.8 dwellings per acre) and zoned R-3, Multi Family Residential. PROJECT ANALYSIS The subject parcel totals 1.94 acre. As per Code (Chapter 2.5, Sections 4, Table 1 and Section 5), the minimum land area for a PUD is 5 acres. However, section 5 also states that: Lesser areas than those set out in Table 1 ,uty be approved for PUD in a specific case upon findings by the planning and development board and the governing body that particular circumstances justify such reduction, that the requirements for PUD and the benefits to be derived from PUD can be met in such lesser area, and that permitting such lesser area for PUD is in conformity with the comprehensive plan. Page 2 File Number: REZN 02-006 Hawks Landing In the ensuing analysis, staff reviews the proposed rezoning and examines the circumstances that may justin, a reduction in the required minimum land area. The criteria used to review Comprehensive Plan amendments and rezonings are listed in Chapter 2, Section 9, Administration and Enforcement, Item C. Comprehensive Platt Amendments: Rezonings, of the Code. As per this requirement, the following criteria are applied in the analysis of the proposed rezoning: a. Whether the p(oposed rezoning would be consistent with applicable compret,ensive plan policies including but not limited to, a prohibition against any increase in dwellb~g unit density exceeding 50 in the hurricane evacuation zone without written approval of the Paltn Beach County Emergency Planning Division and the CiG's risk manager. The planning department shall also recommend limitations or requirements, which wottld have to be imposed on subsequent development of the property, in order to comply with policies contained itt the comprehensive plan. The proposed rezoning is consistent with all applicable comprehensive plan policies. In particular, it is consistent with policies under Objectives 6.1 and 6.3 of the Housing Element and Objective 1.13 of the Land Use Element. The said Objectives read as follows: Objective 6. I Assist the private sector to provide new dwelling units of various types, sizes, and costs by the year 2015, in order to meet the housing needs of the existing and anticipated populations of the City. Objective 6.3 By the year 2002, the City shall continue to implement a series of housing programs aimed at providing adequate housing and housing sites for the homeless, very-low, low and moderate- income persons to meet their housing needs. Objective 1.13 Discourage urban sprawl by creating a compact urban area within the City and the City's utility service areas. The proposed development will consist of 18 single-family detached, zero lot line homes. While small, the project will contribute to the diversity of housing in the city. The recent years saw a decline of single-family home construction in Boynton Beach, while the number of multi-family dwellings increased significantly. Moreover, at the projected prices starting at $110,000, the homes are affordable for households with a moderate income level. Eligible buyers with lower incomes may seek access to various homeownership programs. Since the subject property is located west of Federal Highway, the Future Land Use Element Policy I. 12.1, pertaining to new residential development in the hurricane evacuation zone, does not apply. b. Whether the proposed regoning would be contras, to the established land ttse pattern, or would create an isolated district unrelated to adjacent and nearby districts, or wottld constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. The proposed rezoning would be consistent with the established residential land uses and will not create an isolated district. The adjacent lots to the south are developed with single-family homes, as is one [or to the north of the property, across from South Circle Drive. Although surrounding properties to the west and north are occupied mostly by multi-family developments (Four Sea Sun Condos and one small apartment building), those projects are visually consistent with the proposed project. The property east of NE 4'~ Street is developed as a nursing home. Page 3 File Number: REZN 02-006 Hawks Landing c. Whether changed or changing conditions make the proposed rezoning desirable. The proposed product - single-family zero lot line homes - requires rezoning to PUD so that the flexible development regulations could be applied and the desired higher density achieved. Increasing access to homeownership for lower-to moderate income people is one of the City's Comprehensive Plan objectives. At a time when extremely low mortgage rates make homeownership much more affordable, increasing the number of single-family homes in the lower price range promotes this objective more effectively. There is a significant pent-up demand, since affordable single-family housing construction in the City has not kept pace with the need in recent years. The above circumstances make the proposed rezoning desirable. d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. The currently available persons-per-unit figures for single family and multi-family dwellings indicate that the proposed development will have about 10 more residents than a (potential) multi-family development at the highest permitted density. The difference between the demand for water and sewer services by the proposed development and the potential demand for these services under the present zoning is therefore insignificant. The proposed project will generate about 40 additional trips per day as compared to a potential multi-family development on the site. The... location makes it exempt from compliance with Palm Beach County's Traffic Performance Standards; however, the project information has been sent to the county Traffic Engineering _ Division for review. With respect to solid waste, the Palm Beach County Solid Waste Authority (SWA) 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 site plan 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 fitture use of adjacent and nearby properties, or wouM affect the propert? values of adjacent or nearby properties. As stated above, the proposed use of the property would constitute a continuation of existing single-family homes existing to the south, and would not be incompatible with adjacent or nearby low-density multi-family uses. There should not be a significant effect on prices of surrounding properties. f. Whether the property is physically and economically developable under the existing zoning. The property is physically developable under the existing zoning, either as single-family or multi-family use. g. Whether the proposed rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. As stated above, the proposed development is well related to the objectives and needs of the city as a whole. Moreover, it is a good example of the types of infill projects that will help to underpin the redevelopment efforts in areas east of Interstate 1-95. h. Whether there are adequate sites elsewhere in tile city for the proposed use, in districts ,vhere such use is already allowed. Page 4 File Number: REZN 02-006 Hawks Landing There are very few residentially-designated sites in the City that would provide opportunities for a small to medium-sized developer to build a project of this size. In any case, to achieve the desired density with single family detached homes would require rezoning to PUD. PROPOSED MASTER PLAN The applicant is proposing to rezone the subject property from R-3 (Multi-Family Dwelling District) to Planned Unit Development. As defined within Chapter 2.5-Planned Unit Developments of the Land Development Regulations, a "planned unit development: Is land under unified control, planned and developed as a whole in a single development operation or an approved programmed series of development operations for dwelling units and related uses and facilities; Includes principal and accessory uses and structures substantially related to the character of the development itself and the surrounding area of which it is a part; Is developed according to comprehensive and detailed plans which include streets, utilities, lots, building sites and the like and site plans, floor plans and elevations for all buildings except for single family homes intend.ed to be located, constructed, used, and related to one another, and detailed plans for other uses and improvements on the land related to the buildings; Includes a program for full provision, maintenance, and operation of such areas, improvements, facilities, and unit development, but will not be provided, operated, or maintained at public expense." Due to intended differences between individual PUD developments, which result from the variety of uses and amenities within a PUD, and physical character of the site, submittal of a site development master plan is required at the time of request for zoning to PUD. The proposed subdivision master plan (SBMP 02-004), which is being processed concurrently, is attached (Exhibit "B") and will become the master plan to the zoning of the land and contains, in part, specific site standards for future development of the parcel. The proposed PUD consists of 18 single-family, one-story, detached zero lot line homes, ranging in size from 1,219 square feet to 1,654 square feet. The gross density of the project is 9.27 dwellings per acre. Each unit will contain three bedrooms; parking is provided in a one-car garage and includes a driveway to accommodate one (1) vehicle. There is no recreational area provided for the residents, and the landscaping is minimal. The following building and site regulations proposed for the project are as follows: IMinimum Separation House Minimum Setbacks (measured from south Type (measured from lot line) edge of sidewalk) Lot # Front Side Side Corner Rear Garage House All 1-2 15 feet 10 feet 20 feet 12 feet 18 feet 18 feet 3-9 15 feet 8.5 feet - 12 feet 18 feet 18 feet type "C" (smallest) 10-16 5 feet 8.5 feet 10 feet 18 feet 16 feet All 17-18 5 feet l0 feet 20 feet 12 feet 18 feet 16 feet Two access points to the site are proposed: one at the west end of the site, from NE 34 Court and one at the east side, from NE 4a Street. Page 5 File Number: REZN 02-006 Hawks Landing CONCLUSIONS/RECOMMENDATIONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan and will be compatible with adjacent land uses. It is also the staff's opinion that the requirements for PUD and the specific benefits to be derived from the proposed PUD can be met in the area of less than 5 acres; the fact that the proposed rezoning will contribute to fulfillment of the pressing housing needs of the tow-and moderate income population within the City constitutes a particular circumstance referred to in Section 5 of the Code. In the case of the proposed PUD, the benefits are tied to infill success and the type of housing, as compared to the value of the typical PUD which is measured more in green space, recreation amenities and landscaping. Therefore, staff recommends that the subject request be approved. If conditions of approval are recommended by the Planning and Development Board or required by the City Commission, they will be included as Exhibit "C". ATTACHMENTS G: \LUARs\Hawlcs Landing\sm"f report HAWKS LANDING.doc Location Map EXHIBIT"A" Hawk's Landing PUD EXHIBIT "B" ~._ _ ~.~.., .P" '~ VI.-PUBLIC HEARING ITEM C. CITY OF BOYNTON BEACIq 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 [] December 3, 2002 November 18, 2002 (Noon) [] February 4, 2003 January 21,2003 (Noon) [] December 17, 2002 December 2, 2002 (Noon) [] February 18, 2003 February 3, 2003 (Noon) [] January 7, 2003 December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003 (Noon) [] January 21, 2003 January 6, 2003 (Noon.) [] March 18,. 2003 March 3, 2003 (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 January 7, 2003 City Commission Agenda under Public Hearing. Both the Community Redevelopment Agency and the Planning and Development Boards forward this item with a recommendation that it be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-269. EXPLANATION: PROJECT: Comprehensive Plan Text Amendment (CPTA 02-002) AGENT/OWNER: Staff initiated DESCRIPTION: Request to amend Objective 1.12 and Policies 1.12.1 and 1.12.2. regarding residential developments in the Coastal High Hazard Area; and Request to amend Policy 1.16.1. which provides the definitions of all land use designations found on the Future Land Use Map. The review of this item is for the transmittal to the State Department of Commumty Affairs for consistency review. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A X~~.~ Deve~5"m~t l}~'p~ent~)~ctor ' City Manageres Signature l~lannmg and Zo .ning~D~rector City Attorney / Finance / Human Resources S:~Planning~SHARED\WP~SPECPROJ~CPTA\02-002\Agenda Item Request Comprehensive Plan Text l-7-03.dot S:',BULLETIN~ORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING & ZONING DXVlSION MEMORANDUM NO. PZ 02-269 TO: Chairmen and ~lembers Planning and Development Board Community Re~ent Agency Board FROM: Dick Hudson, $~pr~r Planner THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: November :~8, 2002 SUBJECT: Future Land Use Element amendments (CPTA 02-002) INTRODUC'rZON Staff is proposing a series of amendments to Objectives and Policies in the Future Land Use Element of the Comprehensive Plan. The amendments include: (1) changes to Objective 1.12 and its subsequent policies, which deal with residential developments in the Coastal High Hazard Area, and (2) changes to Policy 1.I6.i, which provides the definitions of all land use designations found on the Future Land Use Map. PROCEDURE Comprehensive plan text amendments are determined by statute to be "large-scale" amendments and therefore, are limited to the twice-yearly amendment cycles. ]:n keeping with the City Codes, both the Planning and Development Board and the Community Redevelopment Agency Board review the proposed amendments prior to consideration by the City Commission/Local Planning Agency. These text amendments are a part of the first amendment round for calendar year 2003, and will be transmitted to the Florida Department of Community Affairs for their review and comment prior to final adoption by the Commission tentatively scheduled for late May, 2003. PROPOSED TEXT AMENDMENT ('1~ (with proposed changes shown in underlined and bold text) Objective 1.12 Coastal area population densities shall not ~.×::~d be increased above the number that ~' ...... ............ h can be accommodated by streets and roads in the event that hurricane evacuation is necessary and shall be limited to those areas that are planned to accommodate such development through the orovision of adequate public facilities and services; Such develooment must meet minimum standards for High Velocity Hurricane Zones as required by the currently-adopted Florida Buildinq Code ,.,~.:.~. Page 2 Future Land Use Text Amendments CPTA 02-002 O,,,~, ........... F,~,C;'g Cr, C¥ ...... ~ ............. , ........ ~,gCr, CiC2 '"~;~' Po 1.12.1 The City shall adopt and enforce regulations to -~*;~' ~ '~'" ~':'~* licy ...... Y ..................... '-'~Y" ,.,.~,. "'~"'~'~J ........ .., ...... , pr;GF ~,~ ,~i.,i~ ...... ~h=~ r=quc2t .... · ............ ...... pdcr , -- require that all new residential developments Of more than 50 units, which are located in the Hurricane Evacuaticn zone, provide continuinq infQrmation residents concerninq hurricane evacuation and shelters thr0uqh the establishment of a homeowners' or residents'association. Policy 1.12.2 The City shall adopt and enfoFce regulations to require that all new ~,-~--~ -,-~ .... -- ~- residential projects of I00 dwelling units or more, which are located in ~e HuFrJcane Evacuation Zone, ~--" IJ~ ~m ............. thc ....... ~ for, =rd copy ~" *~;" ""~' 'mpr.~ - ~ ' .,,.. ¢~,,,~ ........... - ....... H=n;g~m~r,: form ate an emerqencY ~., i ,~., ~-, hurricane prer)arednes$ plan and shall provide the plan tO all residents: this plan is subject tO the approval of the CitY% Emerqency Hanaqement Officer. The inclusion of obje~ves and policies directed at prote~on of populations and properW in Coastal High Hazard Areas of the city are a requirement of ~e minimum criteria for comprehensive plans as se~ foFch in Chapter 9]-5, Florida Administrative Code. Since adoption of the Plan in i989, the changes to ~he Florida Building Code have greatly increased the requirements for buildings to withstand higher wind velod~ies. The Objec~ve is rewri~cen to acknowledge the new code. Obje~ve 2.12 and Polio/2.12.1 are amended to replace the required review by ~e Palm Beach County Division of Emergeno/Management. The County Emergency Operations Center staff is not prepared to perform this type of review function. The review is replaced with the provision of shelter and evacuation route information directly to the resident population. Page 3 Future Land Use Text Amendments CPTA 02-002 Policy 1.12.2 is amended to replace the required traffic impact analysis relating to evacuation times. A survey of traffic engineers disclosed that there is no recommended or accepted methodology for such an analysis. The analysis is being replaced with an emergency hurricane preparedness plan specific to the subject development and approved by the City's Risk Management Officer. PROPOSED TEXT AMENDMENT ('2) (proposed changes shown in underlined and bold text) Policy 1.16.1 The City shall continue to adopt and/or revise regulations to continue to enforce zoning regulations, which, unless provisions are made for otherwise in the Problems and Opportunities section of this element, shall correspond to the Future Land Use Plan in accordance with the following descriptions of land use categories. The uses allowed under each land use category shall be construed to be the maximum range of uses, but shall not indicate that a particular use is necessarily allowed in a land use category or zoning district. The zoning regulations o~ other provision of the City's Comprehensive Plan or Code of Ordinances may prohibit or regulate certain specific uses if doing so would be reasonable. Furthermore, other uses which have land use characteristics ;;'h~ch that are very-similar to those ;;'h~ch ~rc uses listed under a particular land use category may also be allowed in that land use category. Uses allowed in all land use categories: Vacant or undeveloped land, open space, preservation and conservation areas, bodies of water and water management tracts, and rights-of-way; agricultural and horticultural uses as an interim use; public and private parks and recreation areas, golf courses; government, utilities, and communications facilities, but not storage or maintenance facilities as a principal use, or utility plants, unless specifically allowed. General rules for all land use categories: All attached single-family, condominibm, and cooperative dwellings which exist at the time of the adoption of this comprehensive plan shall be construed to be in conformance with the densities shown on the Future Land Use Plan, regardless of the existing density, with respect to the continuance, repair, and reconstruction of same, unless the entire site occupied such dwellings is cleared and redeveloped, in which case, the maximum density shall be that which is shown on the Future Land Use Plan. The aspect of this policy concerning non-conforming densities is to be codified in the City's Zoning regulations. Dwellings, which are built on nonconforming lots with a reasonable lot area and on which construction is permitted in the zoning regulations, shall also be construed to conform to the densities shown on the Future Land Use Plan. Mobile home parks in which the residential density exceeds the maximum density shown on the Future Land Use Plan shall be permitted to continue at the existing density, at the non-conforming density, until the use of the entire Page 4 Future Land Use Text Amendments CPTA 02-002 mobile home park is terminated. All new mobile home parks shall conform to the density shown on the Future Land Use Plan. Variances and exceptions to the development regulations which have been adopted in accordance with the land use categories below, which are the minimum variance or exception necessary to allow for the reasonable development of property, shall be construed to be consistent with the use and intensity guidelines set forth below. Recommendations for specific areas which are contained in the Land Use Problems and Opportunities section of this Element shall supersede the uses or intensities set forth in the land uses categories below, if these recommendations are more restrictive. Low Density Res/dent/a/: This land use category shall generally consist of all residential zoning districts in which the gross density permitted by the zoning regulations does not exceed 4.84 dwelling units per acre. Public, educational, and institutional uses located within these zoning districts may be placed in the-.Public and Private Governmental/l~nstitutional land use category, however, and parks and recreation facilities may be placed in the Recreational land use category. The use allowed in this land use category shall be limited, but shall not necessarily include, the following: Residential uses with a gross density of not more than 4.84 dwelling units per acre; places of worship, elementary and high schools, and day-care services; police and fire stations; social and civic clubs and organizations; community centers; home occupations; commercial uses if clearly accessory and subordinate to residential uses, and occupying not more than five percent of the area of a planned unit development; also, group homes, rooming and boarding homes, and nursing homes or related health-care facilities, as req~Jired bv state law, which are comparable to this density in character or impact. Density bonuses up to 9.68 dwellings per acre times the average number of persons per household in the City may be allowed for group homes for the elderly in the Low and Moderate Density Residential land use categories, on sites which are specifically designated as such on the Future Land Use Plan. Moderate Den$/ty Res/dent/a/: This land use category shall generally consist of all residential zoning districts in which the gross density permitted by the zoning regulations is greater than 4.84 dwelling units per acre, but does not exceed 7.26 dwelling units per acre. Public, educational, and institutional uses located within these zoning districts may be placed in the Public and Prival~.e Governmental/]:nstitutional land use category, however, and parks and recreation facilities may be placed in the Recreational land use category. Page 5 Future Land Use Text Amendments CPTA 02-002 The use allowed in this land use category shall be limited, but shall not necessarily include, the following: Residential uses with a gross density of not more than 7.26 dwellinq units per acre; places of worship, elementary and high schools, and day-care services; police and fire stations; social and civic clubs and organizations; community centers: home occuoations: commercial uses if clearly accessory and subordinate to residential uses, and occupying not more than five percent of the area of a planned unit development; also, group homes, rooming and boardinq homes, and nursinq homes or related health-care facilities, as required by state law, which are comparable to this density in character or impact. Med/urn Den$/ty Res/dent/a/: This land use category shall generally consist of all residential zoning districts in which the gross density permitted by the zoning regulations is greater than 7.26 dwelling units per acre, but does not exceed 9.68 dwelling units per acre. Public, educational, and institutional uses located within these zoning districts may be placed in the Public and Private Governmental/Znstitutional land use category, however, and parks and recreation facilities may be placed in the Recreational land use category. The use allowed in this land use category shall be limited to, but shall not necessarily include, the following: Residential uses with a qr0ss density of not more than 9.68 dwellin_a units oer acre~ olaces of worship, elementary and hiqh schools, and day-care services; ~olice and fire stations: social and civic clubs and organizations; community centers; home occul~aUon$; comme~ial uses if clearly accessory and subordinate tO resident;iai uses, and occ-_oving not more than five oercent of the area of a i~lanned unit develooment; also, orou~ homes, roomina and boardina homes, and nursinci homes or related health-care facilities, as reauired Ily state law, which are comoarable to this density in character or imoact. ~C,,~,~. ~ ~ .... r~ ~" ...... "' ~'~' ~'~" ~ .......... .~r3,$.~ ....... , I-l/g/~ Density Re$/dentl'~/: This land use category shall generally consist of all residential zoning districts in which the gross density permitted by the zoning regulations is greater than 9.68 dwelling units per acre, but does not exceed 10.8 dwelling units per acre. Public, educational, and institutional uses located within these zoning districts may be placed in the Public and Private Govemmental/Znstitutional land use category, however, and parks and recreation facilities may be placed in the Recreational land use category. Page 6 Future Land Use Text Amendments CPTA 02-002 The use allowed in this land use category shall be limited to, but shall not necessarily include, the following: Residential uses with a gross density of not more than 10.8 dwelling units per acre; places of worship, elementary and high schools, and day-care services; police and fire stations; social and civic clubs and organizations; community centers; home occuoations; commercial uses if clearly accessory and subordinate tO residential uses, and occupying not more than five percent of the area of a olanned unit development; also, grouo homes, rooming and boarding homes, and nursing homes or' related health-care facilities, as required by state law, which are comoarable to this density in character or imoact. c~C,~C ~ , .... f~-~i~, r~.:~.~, C×C.C~t ~ ~' .... : ......... '~":*" ~hall b~ ' ~ ° ~ .... ": ..... :' ........ Spec~al Nigh Dens/b/ Re$/denEa/: This land use category shall consist of redevelooment and infill residential areas assigned to this land use category in the ~'~'~-' Hcnagcmcnt ~' .... * -~ .... ~ .... "~ ~'"' '- the designated Community Redevelopment Area identified as Planning Area Z and Planning Area V in the "Federal Highway ¢0rridgr Community Redevelopment Plan", adopted on May 15, 2001. Th~ uses allowed in this land use category shall be limited to, but shall not necessarily include, the following: Residential uses with a gross density of ngt; more than 20.0 dwelling units oer acre: places of worship, elementarv and high schools, and day-care services; ~olice and fire stations: social and civic; c;Iq~l)$ and 9rclanizations; community centers: and home occupations. Office and retail commercial uses may be considered if occu=vina not more than ten (10) I~ercent Of the area of a =lanned unit develooment and developed at a maximum 1.0 floor area ratio (FAR~. Off/¢~ Comm~rc/a/: This land use category shall consist of all C-:~ Office and Professional Commercial zoning districts, and any other zoning districts which may be established, including Planned Commercial Development zoning districts, which are similar in character to the C-~ district, pro¥ided that all of the abovementioned zoning districts are shown on the Future Land Use Map within the Office Commercial land use category. Page 7 Future Land Use Text Amendments CPTA 02-002 The uses allowed in this land use category shall be limited to, but shall not necessarily include, the following: Business, professional, and administrative offices; and financial institutions; funeral homes; places of worship; '-"~ ....... '"" ...... ~ ....... ""' schools and instruction, day-care centers, and educational institutions; museums; hospitals and other health care services, group homes, nursing homes and related health care facilities; social and civic clubs and organizations; civic and community centers; limited retail and business services which are related to the above uses. Local Retail Cornrnerda/: This land use category shall consist of all C-2 Neighborhood Commercial and C-3 Community Commercial zoning districts, and any other zoning districts which may be established, including Planned Commercial Development zoning districts, which are similar in character to the C-2 or C-3 districts, provided that ail of the abovementioned zoning districts are shown on the Future Land Use Map within the Local Retail Commercial land use category. The uses allowed in this land use category shall be limited to, but shall not necessarily include, the following: All uses allowed in the Office Commercial land use category, plus retail uses, personal services, and repair of consumer goods; wholesale of non- hazardous commodities; business services which are compatible with retail uses; entertainment, recreation facilities, amusements, attractions, and exposition halls; lodging facilities; marinas and boat storage; passenger transportation facilities; temporary amusements, revival tents, and the like; also, high-density residential (maximum 10.8 dwellings units per acre), including mixed use developments. Mixed Use: This land use category shall consist of all Central Business District and I~ixt~l Use-Low Zntensit~ zoning districts and/or any zoning district(s) which may be established subsequent to the adoption of the Plan provided that all of the abovementioned zoning districts are shown on the Future Land Use Map within the Mixed Use land use category. The uses allowed in this land use category shall be limited to, but shall not necessarily include the following: ,, L;.~ ............................................... ~,,, r, ~' ...... ~hC ~-~ · ~'~"*~' '~"'~ '"~ "'* ...... Business clovemmeflt, and professional offices financial institutions, medical and dental offices and clinics, veterinary offices and clinics~ police and fire stations, I;~St offi¢~__~ limited retail sales and commercial u~s~ houses of worship, museums, community centers, libraries, private clubs. Iodqes. fraternal orqanizations, indoor recreation Page 8 Future Land Use Text Amendments CPTA 02-002 facilities; sit-down restaurantsr bars; oarkinq qaraqes; and business services related tO the above uses; hc;;'cvcr, $inqle family a~cheu and detached, multi-family residential and hotel~ uses at densities up to 40 dwelling units per acre are permitted. All land development located in the Mixed Use category shall be required to submit a plan that includes a single unified design for the project, and shall conform to any adopted design plan(s) for the area covered by the category. f. fixed Use-Core: This land use cateqory shall consist of all Mixed use Hiqh Zntensity z0ninq districts and/or any zonincl district(~s) which may be established subsequent to the adoption of the Plan provided that all of the abovementioned zoninq districts are shown on the Future Land Use Map within the Mixed Use-Core land use, cate¢iorv. The U-"e--- allowed in this land use cateqory shall be limited tO, but shall not nece_-_~-rily include the followina: BUSine-"-" and orofe-"sional office-~ financial institutions; medical and dental office_~ and clinics= oolice and fire stations, Dost offices; limited re~il sales and commercial use-"; water-related sales and service_-; museums, movie and I;~erformance theatersr private clubs, Iodaes, fraternal omanizafions, indoor recreation facilities; oarkinq lots and aara=es= sit-down re_~urantsr bars, niqhtclubs= and busing-'-_- service_- related to the above uses. Multi-family residential and h~els at densiUes uo to 80 dwellinq units per acre are All land develooment located in the Hixed Use-Core cateaorv shall be reuuired to submit a Dian that includes a sinqle unified desiun for the o~o~ect, and shall conform to any adooteri_ desi_~n Diaries} for the area covered by the category. Genera/Commerc/a/: This land use category shall consist of all C-4 General Commercial zoning districts, and any other zoning districts which may be established, including Planned Commercial Development districts, which are similar in character to the C-~, district, provided that all of the abovementioned zoning districts are shown on the Future Land Use Map within the General Commercial land use category. The uses allowed in this land use category shall be limited to, but shall not necessarily include, the following: All uses allowed in the Local Retail Commercial land use category, plus wholesale of non-hazardous commodities, business services, vehicle and boat Page 9 Future Land Use Text Amendments CPTA 02-002 storage; household storage; shops for fabrication, rebuilding, and repair on a custom basis. £ndu$£ria/: This land use category shall consist of all M-i and Planned Industrial Development zoning districts, and any other industrial zoning districts which may be established, provided that all of the abovementioned zoning districts are shown on the Future Land Use Map within the Industrial land use category. The uses allowed in this land use category shall be limited to, but shall not necessarily include, the following: Industrial uses, research and development, wholesale and distribution, business and repair services, warehousing and storage; transportation, communication, and utility facilities, retail sale of home improvement goods, tools, machinery, and the like; Adult Entertainment Establishments; trade and industrial schools; major recreation facilities such as racetracks, arenas, amusement parks, exposition halls, and the like; offices and restaurants which are accessory to the above uses; temporary amusements, revival tents, and the like; uses allowed in the Office Commercial, Local Retail Commercial, and Public and Private Governmental/Institutional land use categories, if approved as such in a planned industrial development; provided, however, that all of the abovementioned zoning districts are shown on the Future Land Use Map within the Industrial land use category. ~l$lrfcu/ture: This land use category shall consist of all Agricultural zoning districts, provided that all of the land within this zoning district is shown on the Future Land Use Plan in the Agriculture land use category. The uses allowed in this land use category shall be limited to, but shall not necessarily include, the following: Agricultural and horticultural uses as either an interim or long-term use; processing and sale of produce grown on the premises; kennels; horse breeding, stables, and training; churches, cemeteries, and schools; single- family detached dwellings with a net density of not less than one dwelling per five acres. /~ecreat/ona/: This land use category shall include all Recreational zoning districts, but shall not be limited to this zoning district. It shall be the policy of the City that all land acquired for public parks, excluding those which are located in planned zoning districts or the Central Business District, shall be placed in the Recreational land use and zoning category within five years of acquisition. All of the abovementioned properties and zoning districts shall be construed to be in the Recreational land use category, however, only if shown as such on the Future Land Use Plan. Page l0 Future Land Use Text Amendments CPTA 02-002 The uses allowed in this land use category shall be limited to, but shall not necessarily include, the following: Public parks and recreational facilities; golf courses; private parks and recreation facilities; social and civic clubs and organizations; civic and community centers; waters of Lake Worth and the ]:ntracoastal Waterway, excluding finger canals, and other bodies of water. Public and Private Governrnenta//Znst/tut/onal: This land use category shall include all PU Public Usage zoning districts, and shall include all sites of three acres or more which are occupied by city hall, public works complexes, hospitals, libraries, utility plants, cemeteries, and civic or community centers, places of worship, and private schools. Public schools that were in existence prior to 1988 shall also be included in this land use category. The land use category for public schools built after 1988 shall be a reasonable category that is agreed upon by the City and the Palm Beach County School Board administration. All of the abovementioned properties and zoning districts shall be construed to be in the Public and Private Govemmental/llnstitutional land use c_ategory, however, only if shown as such on the Future Land Use Plan. The uses allowed in this land use category shall be limited to, but shall not necessarily include, the following: Government office buildings, libraries, police and fire stations; utility plants, stations, and substations; government storage and maintenance facilities; other government-owned or -operated uses; public schools, places of worship, private schools, day-care services; institutions and quasi-public uses; hospitals, nursing homes, and other health-care services or agencies; social and civic clubs or organizations; cemeteries; civic and community centers, and public parks and recreation facilities. Con~e."vatlon: The City shall aoolv a ConservatiQn (CON~ land use r.a~,qorv' to any natural area; acn_uired within the (;:ltv ,'or t,'i; purDo_ce of conservinq or orotectina natural ~ources o, environmental aualitv. This cateaorv corres_nonds to th~ Environrne.i~iiv Sensitive Lands (ESL~ zonincl district. The areas su desianat~-J may be u~--d for wildlife rnanpqernent, oassiv~ recreation and environmental ~oration/~rotection. These natura. a~as may include site improvements to suoaort uses that ar~ dc~med aooroDriate and consistent with the function of th~ d~_g-'--_anated area. The ~:itv shall coordinate with Palm Beach Countv to c~.~ic~nate environmentally sensitive lands that are publicly acquired within the incoroorated area as Conservation. ¢onservatT'on Over/ay: The uses allowed in this land use category shall be the same as for the underlying land use category, however, in accordance with the policies contained in the Conservation Element, a minimum of 25% of Page 11 Future Land Use Text Amendments CPTA 02-002 native habitat occurring on any development site shall be preserved; furthermore, mangroves which occur on these sites shall be preserved consistent with federal, state, and Palm Beach County regulations, and policies contained in the Regional Comprehensive Policy Plan. The City may allow reasonable intensification of the remainder of sites in this category above the intensities which are generally permitted, and may allow the transfer of development rights from these sites, for the purpose of preserving more than 25% of the native habitat on site. Boynton Beach 20/20 Pr/mary Target Areas Overlays: The target areas delineated in the Boynton Beach 20/20 Redevelopment Master Plan as "Primary Target Areas" shall be studied. -Studies and/or redevelopment studies may address public improvements, infrastructure, building placement, architectural character, streetscape, signage, landmark opportunities and unifying design concepts. Implementation mechanisms may include, but are not limited to, adoption of overlays in the land development regulations, amendments to land development regulations, and/or through rezoning to new or existing districts. Overall Design Plans prepared for each area shall be reviewed by the Community Redevelopment Agency and/or approved by the City Commission. The Primary Commercial Target Areas shall include but not be limited to: · Nartin Luther King Boulevard from Seacrest Boulevard to U. S. 1; · U.S.1 from north to south city limits, · Boynton Beach Boulevard from U.S.! to 1-95; · Ocean Avenue from the Marina to Seacrest Boulevard; and, · Golf Road between U.S. 1 and Seacrest Boulevard. As stated above, Policy 1.16.1 contains all of the definitions of land use categories found on the Future Land Use Map. All of the text of Policy 1.16.1 is included, even though the amendments only affect a few portions of the policy and some of the changes are minor grammatical corrections. The major changes and addiUons are as follows: · A list of uses is provided for each residential land use classification, rather than building on the uses permitted in prior classifications. This is to provide a clearer understanding of the range of uses permitted in each classification. · Language is added to ensure conformance with state law in locating group homes and other congregate living facilities. · Language is added to reference the Federal N~qhway Corrfdor Community Redevelopment P/an in the definition of Special High Density Residential land use category consistent with recommendations found in the plan. · Self-service storage facilities (limited-access mini-warehouse only) use removed as a permitted use in the Office Commercial (OC) land use classification in anticipation of changes to be initiated during the pending planning study. This Page 12 Future Land Use TextAmendments CPTA 02-002 revision could be modified to match the corresponding zoning code changes resulting from the study, prior to adoption of the amendment in mid 2003. · The MU-L Mixed Use-Low Intensity zoning district is recognized as being consistent with the Nixed Use (MU) land use classification, consistent with recommendations of the Federal H/qhwa¥ Corridor ¢ommun/ty £edeve/opment _P/an. ' · A Nixed Use-Core (MU-C) land use classification and definition is added and the MU-H Nixed Use-High Intensity zoning category is recognized as being consistent with the classification also, consistent with recommendations of the Federal _/-li_clhwav Corridor ¢omrnun/ty £edeve/oprnen~' P/an. · A Conservation (CON) land use classification and definition is added and the ESL Environmentally SensiUve Lands zoning category is recognized as being consistent with the classification. This language is being added at the request of the Palm Beach County Department of Environmental Management and is consistent with the interiocal agreement between the City of Boynton Beach and Palm Beach County relating to the purchase and maintenance of the Seacrest Scrub and Rosemary Scrub preservation areas. RECOHMENDAT~ON Staff recommends approval of the amendments as the minimum required to update the Comprehensive Plan with regards to changing review policies by outside agencies and recommendations of adopted City-initiated studies. A'rI'ACHMENTS \\Ch\MAIN~"IRDATA~PIa~'ting~.~'~ARED\WI~Oj~(3~-A\02.002~9-i-A.~: ~ (:PTA VL-PUBL C HEARING I'TEM D. CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FOl ,, 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 [] December 3, 2002 November 18, 2002 (Noon) [] February 4, 2003 January 21, 2003 (Noon) [] December 17, 2002 December 2, 2002 (Noon) [] February 18, 2003 February 3, 2003 (Noon) [] January 7, 2003 December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003 (Noon) [] January 21, 2003 January 6, 2003 (Noon.) [] March 18,. 2003 March 3, 2003 (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 January 7, 2003 City Commission Agenda under, ' Public Heating. The Commumty Redevelopment Agency Board on December 10, 2002 with a unammous vote, : -.--, recommended that the subject request be approved. For further details pertaining to the request, see attached Dep'aran~t Development Memorandum No. PZ 02-276. EXPLANATION: ~: PROJECT: Beachside at Boynton/Goco, Inc. (LUAR 02-008) AGENT: Siemon and Larsen, P.A. - - OWNER: Gulfstream Lumber Company LOCATION: 1415 South Federal Highway (Northwest comer of Federal Highway and Woolbright Road) DESCRIPTION: Request to amend the Comprehensive Plan Future Land use Map fi.om Local Retail Commercial (LRC) to Mixed Use MX); and Request to rezone fi.om Commumty Commercial (C-3) to Mixed Use-low Intensity (MU-L). For Mixed use development (residential, retail, and office). The review of this item is for approval to transmit to the State Department of Community Affairs for consistency review. PROGRAM IMPACT: N/A FISCAL IMPACT: ~ N/A ALTERNATIVES:~ N/A Develo~e~fit De~a~ane~t-I~tr~cto ~ity Manager's Signature Planning a-nd Zoning D/fdet~ City Attorney / Finance / Human Resources SSPlanningXSHARED\WPLPROJECTS~BEACHSiDE ~ BOYNTON~UARX, Agenda Item RequestBeachside ~ Boynton l-7-03.dot S:~BULLETINWORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 02-276 TO: Chairman and Members Communi~pment Agency Board FROM: Dick Hudsdd~, S'enior Planner THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: December 2, 2002 pRO3ECT DESCRIPTION Project/Applicant: Beachside at Boynton/Goco, ]:nc. Agent: Siemon and Larsen, P.A. Owner: Gulfstream Lumber Co. Location: 1415 South Federal Highway (Northwest corner of Federal Highway and Woolbright Road) File No: Land Use Amendment/Rezoning (LUAR 02-008) Property Description: Developed property consisting of :14.64 acres, classified Local Retail Commercial {LRC) and zoned C-3 Community Commercial. Proposed change/use: To reclassify the subjec: property from Local Retail Commercial (.LRC) to Mixed Use (MU), and rezone from C-3 Community · Commercial to MU-L Mixed Use-Low ]:ntensity in order to redevelop the property as a Mixed Use (residential, retail and office) project. The classification permits residential densities up to 40 du/ac. Adjacent Land Uses and Zoning: North: To the northeast, developed commercial property (Dunkin' Donuts and a convenience store) classified Local Retail Commercial (LRC) and zoned C-3 Community Commercial; the northwest, the right-of-way of SE 12:'~ Avenue, then developed residential property classified Medium Density Residential (MeDR) at a maximum density of 9.58 du/ac, and zoned R-2 Duplex Residential. Page 2 File Number: LUAR 02.-008 Beachside at Boynton South: The right-of-way of Woolbright Road (SE 15~h Avenue) then developed commercial prope~/(Sunshine Square) classified Local Retail Commercial (LRC) and zoned C-3 Communi~ Commercial East: The right-of-way of South Federal Highway, then to the southeast, developed commercial property (Shell Service Station) classified Local Retail Commercial (LRC) and zoned C-3 Community Commercial; to the northeast, developed residential prope~/(Gulfstream Apartments [25.4 du/ac] and Snug Harbor Condominiums [27.7 du/ac]) classified High DensiL-y Residential (HDR) at a maximum densib/of 10.8 du/ac, and zoned R-3 Multi- family residential. West: The right-of-way of the Florida East Coast (FEC) railroad, then developed property classified Industrial (]:) and zoned M-1 Industrial. PRO3ECT ANALYS1~S The parcels, which are the subject of this land use amendment, total ___14.64 acres. Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a "large scale" amendment. Following local board review and City Commission public hearing, a "large-scale" amendment is transmitted to the Florida Department of Community Affairs for review for compliance with the state, regional and local comprehensive plans prior to adoption. Following the review period of approximately 60 days, DCA provides the City with a report of their findings in an "Objections, Recommendations and Comments (ORC) Re.~ort". The City then has 60 da,/s to either (1) adopt the amendment as transmitted, (2) adopt the amendment with changes in response to the ORC report, or (3) determine not to adopt the amendment and inform DCA of that decision. According to Florida Statutes Chapter 163, large-scale amendments may only be adopted during t~,vo amendment cycles each calendar year. Tnis amendment request is a part of the first round of amendments for the 2003 calendar year. The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Section 9, Adm/nistrat/on and Enforcement, Item C. Comprehens/ve P/an Amendment: 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 Hap. a. Whether the proposed rezoning would be cons/stent w/th app//cab/e comprehens/ve p/an po#c/es/nc/uding but not//m/ted to, a proh/b/t/on aga/nst any/nc,"ease/n dwe///ng un/t dens/t]/exceed/ng 50/n the hurt/cane evacua£/on zone without wr/t~en approval of the Palm Beach Count), Emergency Planning D/v/s/on and the C/G"s r/sk manager. 7-he p/ann/n~ department shall also recommend l/m/tat/ohs or requ/rement$, wh/ch would have to be/reposed on subsequent development of the propert}/, /n order to comply w/th po/lc/es conta/ned /n the comprehens/ve p/an. Page 3 File Number: LUAR 02-008 Beachside at 8oynton' The property is located on the west side of Federal Highway. According to the Palm Beach CounL'i/Division of Emergency Management, the hurricane evacuation zone is only on the east side of Federal Highway, therefore the cited prohibition does not apply to this requested amendment. Policy 1.13.4. states: "The City shall further discourage urban sprawl; A. Prevent the presence or frequency of the primary indicators of urban sprawl through continuous promotion of compact developments within the Cib/'s urban service areas, while requiring the maximization of all public services for each development in the most cost effective manner possible; and B. Demonstrate, in all future development and redevelopment in the Cib/, land use patterns that are non-strip in nature and demonstrate the ability to attract and encourage a functional mix of uses." Without the proposed amendment, redevelopment of the site would most likely follow the strip- type commercial development model that is found on the properties south of Woolbright Road at this intersection. By changing the land use and zoning, the required development pattern is non-strip in nature, consistent with the policy. Objective 1.15 of the Future Land Use Element reads: "The City shall encourage planned development projects which are sensitive characteristics of the site and to surrounding land uses, and mixed-use projects in locations which are appropriate, and utilize other innovative methods of regulating land development." I=o[icy 1.15.2 states: "The City shall continue to adopt and enforce regulations to allow mixed commercial/residential p¢Ojects in the Local Retail Commercial and Mixed Use land use categories, where this type of development would be appropriate, where such projects would not create significant land use conflicts, and public facilities would be adequate serve the project... For projects located in the Mixed Use land use category, the maximum density shall be 40 dwelling units per acre. Commercial uses shall be allowed up to the intensities specified in Polio/ 1.16.2. These commercial and residential land use intensities may be both applied to the same land area, and any mix of commercial and residenl:ial land uses shall be allowed"; and, 'Fne Federal Highway Corridor Community Redeve/ooment Plan provides an overall introduction to recommendations for Areas :[:[ and "These two planning:areas are the front doors to the downtown core area; the gateway neighborhoods. As such, they will serve two broad functions. First, their appearance must convey their important role as gateways to downtown. Currently, however, many Page 4 File Number: LUAR 02-008 Beachside at 8oynton' of the existing uses, and the appearance and placement of development features do not create the desired appearance of gateway neighborhoods. Additionally, many of the existing types of commercial uses do not promote a sense of neighborhood. Rather, they cater to drive-by traffic on Federal Highway. Second, these planning areas must provide sufficient housing opportunities to build the critical mass of population necessary for a successful downtown area. The general goal is to create identifiable communities that provide the gateways to downtown." The plan specifically recommends the following for the area containing the subject property (Area tV): "Establish a sense of community. Provide for mixed-use development that is predominantly residential, with non-residential components that serve the immediate community. Non-residential uses should be neighborhood serving in nature, as opposed to those uses that are heavy commercial uses, those that are automobile oriented, or those that are generally not considered to be neighborhood oriented." The proposed redevelopment plan for this site is consistent with the requirements of the Mixed Use land use classification, and the recently adopted Nixed Use-Low ]:ntensity zoning category as well as the cited recommendation from the corridor plan. b. Whether the proposed rezoning would be contrary to the established land 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 with the protection of the public we/fare. The proposed rezoning would not create an isolated district. The type of redevelopment contemplated for the property is expressly favored by the corridor redevelopment plan, and does not constitute a grant of special privilege. ]:t provides benefits to the public welfare by augmenting the City's tax base, providing additional residential units in close proximity to the downtown redevelopment area, providing a gateway to the downtown, improving the aesthetic quality of the Woolbright Road and Federal Highway corridors, and implementing the City's adopted Redevelopment Plan.. ' c. Whether changed or changing conditions make the proposed rezoning desirable. The City's emphasis on redevelopment of the downtown and the entire Federal Highway Corridor, beginning with the adoption of the Federal/-//ahwav Corridor Community Redevelopment P/an and the accompanying Mixed Use-Low ]Intensity zoning district available for this area are changes that support this proposed land use amendment and rezoning. d. Whether the proposed use would be compatible w/th utility systems, roadways, and other public fac/IiEes. The traffic consultants' report for the project indicates that as proposed, the project will generate t,709 fewer daily trips than the existing designation. For water and sewer service, the capacity and necessary infrastructure are available to serve the site. The Palm Beach County School District has reviewed the project for school concurrency and has issued a Page 5 File Number: LUAR 02-008 Beachside at Boynton' determination valid for one year. Once a development order With respect to solid waste, in a letter dated December ~.8, 2001, the Palm Beach County Solid Waste Authority has stated that adequate capacity exists to accommodate the county's municipalities throughout the 10-year planning period. 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. The proposed use of the property will be more compatible with surrounding properties than the current use as a lumberyard. ]:t will improve the overall character of the area and provide neighborhood serving retail and office uses to area residents. The redevelopment of the property as a mixed use development will most likely improve the value of adjacent and nearby properties. f. Whether the property is physically and economically developable under the existing zoning. The property is currently developed, and the use can continue on the site. Redevelopment under the present zoning and land use could produce a variety of commercial uses which, most likely, would follow the strip center form of development found on the southeast and southwest corners of the intersection. 9. Whether the proposed rezonin9 is ora scale which is reasonably related to the needs of the neighborhood and the city as a whole. The land use amendment and rezoning are of a scale that is reasonably related to the needs of the neighborhood and the city as a whole. The area of the proposed land use amendment comprises almost :1.5 acres bounded on the north by NE :1.2~ Avenue, on the east by Federal Highway, on the south by Wooll~dght Road and on the west by the railroad. As such, it is a compact unit, that does not immediately abut any uses other than the donut shop and convenience store at the comer of SE :~2~ Avenue and Federal Highway. h. Whether there are adequate sites elsewhere in the c/ty for the proposed use,/n dist~fc~ where such use/$ a/ready a/lowed. The HU-L zoning was only adopted in summer 2002, in order to implement redevelopment in the Federal Highway Corridor. This is the first application for a rezoning to the new district, so there are no other sites presently available where this type of development could occur without a rezoning. The subject property, located at the highly visible crossroads of Federal Highway and Woolbright Road, both arterial roads as required in the district regulations, is an ideal location for a mixed-use "gateway" community. Page 6 File Number: LUAR 02-008 8eachside at Boynton' CONCLUSIONS / RECOI;4 MEN DATIO N S As indicated herein, this request is 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. Therefore, staff recommends that the subject request be approved. If the Planning and Development Board or the City Commission recommends conditions, they will be included within Exhibit "8". A'FTACHMENTS ]:\$HROATA\P~anmncj\$HARED\WP\PROJE~BF. ACH$~DE ~ ~]OYNT(~N\LUAR~b-TAFF ~EPORT LUAR.ClOC Location Map GULFSTREAM LUMBER/BEACHSIDE AT BOYNTON --SI -1-1-T-H-A-V E R1A " E-1'f~'~H A'v'~ I '%.~ :':,"L%SNLIG HARBOR DR , ~i C3 WOOLBRIGHT RI3 SE 15'tH AVE $ ¥.... - PUBLIC HEARING ITEM E. CITY OF BOYNTON AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Date~ in to Ci Clerk's Office Meeting Dates in to City Clerk's Office [] December 3, 2002 November 18, 2002 (Noon) [] February 4, 2003 January 21, 2003 (Noon) [] December 17, 2002 December 2, 2002 (Noon) [] February 18, 2003 February 3, 2003 (Noon) [] January 7, 2003 December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003 (Noon) [] January 21,2003 January 6, 2003 (Noon.) [] March 18. 2003 March 3, 2003 (Noon) [] Adminislxative [] 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 January 7, 2003 City Commission Agenda under Public Hearing. The Planning and Development Board with a 4 to 2 vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-277. EXPLANATION: PROJECT: Arbolata Townhomes (LUAR 02-009) AGENT: William Weitsma, William Weitsma Company., Inc. OWNER: William H. Baker, Trustee LOCATION: 3450 South Congress Avenue DESCRIPTION: Request to reclassify the subject property from Industrial (I) to High Density Residential (HDR) at a density of 10.8 du/ac, and rezone from M-1 Industrial to Planned Unit Development (PUD), in order to consmact 172 fee-simple townhouses. The review of this item is for the transmittal to the State Department of Community Affairs for consistency review. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ~ ALTERNATIVE~ Devel~ff'~e~ai Dgpartment D}rector ' ~,t~ Manager's signature Plan~g ~md Zonm~ Director City Attorney / Finance / Human Resources S:WlanningXSHARED\WP~PROJECTSXArbolata TownhomesXLUAR 02-009XAgenda Item Request Arbolata Townhomes LUAR 02-009 1-7-03.dot S:'d3ULLET:NWt ~RMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 02-277 TO: Chairman and Members Planning~pment Board FROM: Dick Hud~, '~nior P~er THROUGH: Michael W Rumpf~ - ' Director of Planning and Zoning DATE: December 3, 2002 PRO3ECT DESCRZPT~ON Project/Applicant: ' Arbolata Townhomes/William Wietsma Co., [nc. Agent: William Wietsma Owner: William H. Baker, Trustee Location: Southeast corner of S. Congress Avenue and SW 35~ Avenue File No: Land Use Amendment/Rezoning (LUAR 02-009) Property Description: Vacant property consisting of_+16.087 acres, classified Industrial (I) and zoned M-! Industrial. Proposed change/use: To reclassify the subject property from Industrial (I) to High Density Residential (HDR) at a density of 10.8 du/ac, and rezone from M-1 Industrial to PUD Planned Unit Development, in order to construct 172 fee-simple townhouses. Adjacent Land Uses and Zoning: North: Right-of-way of SW 35m Avenue then developed property (Guardian Self-storage and Steding Records Storage) designated Industrial ([) and zoned M-1 Industrial. South: Right-of-way of the Lake Worth Drainage District L-28 (lateral) Canal, then developed proper'des, containing a variety of industrial uses, designated Industrial (I) and zoned M-[ Industrial. East: Developed County-owned recreation facility (Caloosa Park) designated Recreational (R) and zoned REC Recreation. Page 2 File Number: LUAR 02-009 Arbolata Town Homes West: Right-of-way of South Congress Avenue, then developed residential property (isles of Hunter's Run) designated Low Density Residential (LDR) at a density of 4.84 du/ac, and zoned PUD Planned Unit Development. PRO3ECT ANALYS]~S The parcels, which are the subject of this land use amendment, total _+:~6.087 acres. Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a "large scale" amendment. Following local board review and City Commission public hearing, a "large-scale" amendment is transmitted to the Florida Department of Community Affairs for review for compliance with the state, regional and local comprehensive plans prior to adoption. Following the review period of approximately 60 days, DCA provides the City with a report of their findings in an "Objections, Recommendations and Comments (ORC) Report". The City then has 60 days to either (~.) adopt the amendment as transmitted, (2) adopt the amendment with changes in response to the ORC report, or (3) determine not to adopt the amendment and inform DCA of that decision. Adoption is tentatively scheduled for May 2003. According to Florida Statutes Chapter 163, large-scale amendments may only be adopted during two amendment cycles each calendar year. This amendment request is a part of the first round of amendments for the 2003 calendar year. Although we normally bring both the land use amendment and rezoning forward simultaneously, the processes are being separated for this application. The request for rezoning is to Planned Unit Development, which requires the concurrent approval of a master/ site plan. Staff has requested additional information from the applicant pdor to final review of the site plan, which could not be supplied in order to meet the agenda for this meeting. Since there is a maximum :L20 days between transmittal of the land use amendment and its adoption, the land use amendment and rezoning will ultimately be adopted simultaneously. The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Section 9, Administration and Enforcement,/tern C. Comprehensive Plan Amendments: Rezon/ngs. 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 w/th applicable comprehensive plan policies including but not limited to, a prohibits'on against any increase in dwelling unit density exceeding SO in the hurricane evacuatJ'on 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 requirements, which would have to be imposed on subsequent development of the property, in order to comply with po#c/es contained in the comprehensive p/an. The property is not located in the hurricane evacuation zone; therefore, the prohibition against increasing residential densities does not apply. Other applicable policies from the comprehensive plan are'cited below. Page 3 File Number: LUAR 02-009 Arbolata Town Homes Po/icy 1.19.2 The City shall provide continued effort to allow for industrial acreage; however, that/and desi9nated "Zndustria/" on the currently adopted Future Land Use Nap may be converted to commercial or residential designations if the conversion (i) would generate a range of employment choices for current and future residents, provide 9oods and services of regional importance, or would provide opportunities for the City to meet its long-range housin9 gods; and (ii) is based upon adequate data inc/udin9 market analysis. The proposed amendment will reduce the amount of land designated for industrial development in the City; however, the applicant states that the proposed amendment will permit additional owner-occupied housing at competitive prices at this location. No data and market analysis are provided to support the need for this additional housing or to justify the conversion of industrial land, and no price-range for the units is provided to show that these units will most likely address the unmet needs of a particular segment of the housing market. Po/icy 1.19.4 The City shall COhO'hue to encourage and enforce the development of industrial/and as industn'a/ parks or concentrated industrial areas in order to maximize the #nkage between complementary industries. The land in this part of the South Congress Avenue corridor with an "Industrial" land use designation total approximately 167 acres. This is the largest concentration of contiguous industrial land in the City that is not located in a Planned Industrial Development (P[D) or industrial park and does offer the opportunity for maximizing the linkages between complementary industries. The conversion of the subject _+16.087 acres will effectively divide the single industrial area into two distinct areas each containing groups of similar industrial uses and will sever established linkages or preclude the establishment of linkages in the future. This industrial area consists of a combination of manufacturing, construction, service and storage uses and few vacancies exist. The subject parcel is only one of two sites remaining undeveloped in the area. Po/icy 1.17.3 The City shall cont/'nue to ut/'/ize and enforce requirements for buffer wa/Is between reddent/'a/ and commercial or industrial districts as set forth in the zoning regu/at/'ons. and, Po/icy L1Z.,I The City sba# adopt and enforce regu/at/'ons to require so/id vegetative screening between industrial and resident/a/ uses, wherever practica/, in addition to buffer walls. The requirements for buffer walls and vegetative screening between industrial and residential uses, recognizes the incompatibilities of the two types of uses. Generally, Planned Unit Developments (PUDs) are required to observe setback requirements of the abutting zoning districts; in this case M-:l Industrial. These requirements are: Minimum front yard :15 feet Minimum side yard (interior) 15 feet Minimum side yard (corner) 15 feet street side Minimum rear yard 20 feet Page 4 File Number: LUAR 02-009 Arbolata Town Homes The PUD requirement, however, does not consider the fact that there may be inherent incompatibilities between the two land use designations or zoning districts, as would be the case with the proposed amendment. Both the Hunters Run PUD and the ]:sles at Hunters Run PUD, the two residential developments fronting on the west side of Congress Avenue, were developed with full knowledge that lands fronting on the east side of Congress Avenue were designated for industrial development and provided extra setbacks and buffering to ameliorate any negative effects. Hunters Run provides a landscaped setback of over ~.,000 feet between Congress Avenue and the first dwelling units. The ~sles at Hunters Run provides a heavily landscaped earth berm, solid masonry wall and approximately 250 feet of setback from Congress Avenue. With the subject property, there may not be sufficient land area to provide extraordinary setbacks to ameliorate the effects of abutting industrial uses to the north and south, and to simultaneously provide the magnitude of setback and buffering along Congress Avenue to match that provided on the west side of Congress Avenue. b. Whether the proposed rezoning would be contrary to the established/and use pattern, or would create an isolated district unrelated to adjacent and nearby distn'cts, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the ~ubli¢ welfare. As state above, the proposed land use amendment would effectively divide a single existing industrial area and could, therefore, be seen as "spot zoning." The applicant contends that the amended area will serve as a transition between the recreational use (Caloosa Park) to the east and the single-family residential (l:sles of Hunters Run PUD) to the west. Homes within the neighboring PUD, however, are not visible from the site because of the berm and wall that reaches approximately :~2 feet above the street grade and is planted with trees and other landscape materials. c. Whether changed or changing conditions make the proposed rezoning desirable. There have been significant changes since the City's :~989 Comprehensive Plan established the current ~[ndustrial land use classification on the subject site. The nature of industrial uses has changed such that the previous methodologies used for determining the demand for industrial property are no longer appropriate. At the same time, the increasing demand for housing within the City has seen a shift from detached single-family to single-family attached (or townhouse) developments. Even so, this may not be an ideal location for residential development and few vacant lands remain for industrial or heavy commercial uses. Furthermore, as indicated above, no data and a market analysis were submitted to justify the project and the conversion of the subject industrial land. d. Whether the proposed use would be compatible with u~'lity systems, roadways, and other public facilities. Comparisons of impacts of dwelling units versus industrial use, as supplied by the applicant, are attached as Exhibit "B". ' These show that traffic generated by the proposed townhouse development would be approximately :~,580 trips per day fewer than if the property was Page 5 File Number: LUAR 02-009 Arbolata Town Homes developed at its maximum potential as an industrial use. These same comparisons show that demand for water and wastewater services would increase by approximately 955 gallons per day. As with all residential projects requesting a development order, the School District of Palm Beach County has reviewed the project and on October 17, 2002, approved it for school concurrency. With respect to solid waste, in a letter dated January 18, 2001 the Palm Beach County Solid Waste Authority has stated that adequate capacity exists to accommodate the county's municipalities throughout the 10-year planning period. Lastly, drainage will also be reviewed in detail as part of the review of the site plan and permit drawings, 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 properS'es, or would affect the property values of adjacent or nearby properS'es. While the lands both north and south of the subject property are designated "Industrial'; their development has been with more benign industrial uses: to the north, across SW 35~ Avenue is a self-storage facility and to the south across the L-29 Lateral Canal, a development containing small office, wholesale and retail uses. Farther southeast is a series of stand-alone and more intense industrial uses. Abutting the subject parcel to the east is Caloosa Park and to the west, across Congress Avenue, is the ]:sles of Hunters Run PUD. While the proposed project could be seen as a transition between the recreational use to the east and the residential use to the west, as the applicant opines; staff must acknowledge the incompatibilities between residential and industrial uses, particularly without adequate distance and buffering to separate the two uses. f. Whether the property is physically and economically developable under the existing zoning. The property is physically developable under the existing zoning; however, it has remained vacant for a number of years, partially due to the lack of demand for industrial land in the Boynton Beach sub-market. Although the proposed use may more closely match current market demands, it is presumed that the value of this land for industrial uses will increase as the supply of such industriallY/classified lands decreases. g. Whether the proposed rezoning is ora scale which is reasonably related to the needs of the neighborhood and the city as a whole. While the proposed land use amendment will provide owner-occupied housing in close proximity to employment opportunities, it nevertheless divides an established single industrial district, as cited above. h. Whether there are adequate sites elsewhere in the city for the proposed use, in distn'cts where such use is already allowed. There are only a few very small parcels in the City designated for multi-family residential development. A similar land use amendment and rezoning would be required for any project of this size to develop in Boynton Beach. Page 6 File Number: LUAR 02-009 Arbolata Town Homes CONCLUSZONS/RECOMM ENDAT'[ONS. As indicated herein, this request is not consistent with the intent of the Comprehensive Plan due to (~-) lack of data and market analysis to support the conversion of the land from "Industrial" that to Residential; (2) the conversion of the subject parcel would create an isolated pocket would effectively divide a single land use district; and, (3) would serve to decrease the supply of land available for industrial development. While the requested amendment will not create significant additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan, its compatibility with adjacent land uses is questionable, as is its contribution to the overall economic development of the City. Therefore, staff cannot recommend that the subject request be approved, l:f the Planning and Development Board or the City Commission recommends in favor of the amendment, any conditions they apply will be included within Exhibit "C". ATTACHMENTS .]:\SHRDATA\Pta~lning\SHAREO\WP~PRO.]Ec'r~'~A'tX~i3 Townl'tomes\LUAR 0'7-009\'~TAFF REPORT LUAR.doc Location Map ARBOLATA N $ Exhibit "B" Application for Land Use ~-dl~zomn~ Arbolam Townlmmes Congress A, mnue & S.W. 35~ Avenue Boymon Bench. Florida Co~:mrison of Dw~_-Iling Uhiss Ve~lls lndttstrial U~ tTEM h. (t) EXISTING POTENTIAL DEVELOPMEKT ZONED INDUS~ SITE AREA: 700,752 So,, Yr., 16.0~71 A~ SITE ZONING: Indusmal SITE DEV~.,Ot~NT FAR: 0.6O GROSS FLOOR AREA: 420,451 Sq. FL PR ED POTENTIAL DEVEL NT NED GH DENSITY RESIDENTIAL SITE AREA: 700,752 So,, Ft., 16.0871 Acres SITE ZONING: High Density, 10.8 Units/Acre, srrE DEVE1,o~vn~T: t72 Townhom~ ~r2, ~o Sq. Ft GROSS FLOOR AREA: 233,74! Sq. FL rrEM ~ (2) _U~ pR~-f~ FOR p~7OblING - HIC~I DENSITY RESIDENTIAl_ rn~ O) PROPO6h-r) TIMING AND PI~.~slNG OF THE ~ Land Use Amendn~n~R~oniaft~ ~0/2002 4/2OO3 Site ~'u~ 10/2002 4/2003 S~b.~_;vi.~.,~ ,,.-- ~3 ~3 ~...:;~ ~ U~I~ ~ ~i~ ~3 ~2~3 ~ ~ (4) ~ TRAFFIC GENERATION RATE: Townlmmes, Single Family Attached Unit - 7 Tripz/Day/Unit TRAFFIC GENERATE~. 1,204 Tr~ps per Day co~Pnmso~ o~ WA~ ~ W~WA~ ~~ ~ WA~ ~ W~A~ ~ S~ Z~G: S~ ~~~ F~ 0.~ B~~ ~ 420,451 ~. Ft. WA~ D~: 0.1 ~.Ft. = 42,~5 ~. W~A~ ~: 0. ~ ~. Ft = 4~Z ~. ~~ ~~ WA~ ~ W~WA~ ~ Sl'r~ ~ 7~,752 ~ FL, 16.0871 ~ S~ ~G: ~ ~, 10.8 U~, S~ D~: 1~ T~ WA~ D~: ~ ~ ~ = 1~ x ~ = 43,~ ~. W~A~ ~: ~~= 1~ x 2,2~ = 43,~ ~. 51-1'ia AREA: 700,752 So,, Ft, 16.0871 Ac~s SITE ZONING: SITE DEVELOPMHNT FAR: 0.60 GRO~ FL(X~ AREA: 420,451 So,. Ft. Sl-l't~ AREA: 700,752 NUMBER OF PER,~3NSfONIT: 2.5 TOTAL POPULATION: 420 AGE GROUP 2O-40 YEAI~ 3O% AGE GROUP, OVER 60 YEARS 20% Arbolata Townhomes Prepared for William Wietsma Co., Inc. Thompson Consulting, Inc, l'[ N ]UU] ~n/~-~ 3 (561) 659-6068 December 2002 ~ ZON~N~ O~PT Table of Contents Introduction ................................................................. 1 Market Overview ............................................................. 2 Demand for Owner Units (For Sale) ............................................ 2 Palm Beach County Affordable Housing Study ................................ 2 Reinhold Wolff Economic Research Housing Report ........................... 4 Target Market Area ........................................................... 7 For Sale Unit Demand ....................................................... 7 Selling Price and Affordability Criteria ........................................ 10 For Sale Unit Supply ....................................................... 12 Existing Townhouse Developments ........................................ 12 Planned/Approved Townhouse Developments ................................ 13 Supply/Demand Comparison ................................................. 15 General Limiting Conditions .................................................. 16 0 Introduction Thc proposed Arbolata Townhome community is located at the southeast comer of south Congress Avenue and Southwest 35~ Avenue, within the corporate limits of the City of Boynton Beach, Florida. (See Exhibit 1 .) The subject 16.087 acre tract is intended to accommodate 172 fee simple townhouses. The subject site is currently designated Industrial (I) on the City of Boynton Beach's Future Land Use Atlas (FLUA.) A High Density Residential (HDR) FLUA designation is being sought for the subject site. This supply/demand report is prepared in response to a comment in the staff report regarding thc above referenced FLUA amendment request, for data and analysis which addresses the need for the additional housing being proposed for the subject site. Staff acknowledges that the nature of industrial uses has changed such that the previous methodologies used for determining the demand for industrial property are not longer appropriate and that the City has seen a shift from detached single-family to attached single-family (townhouse) developments. However, staff requested that data and analysis addressing supply and demand considerations relating to the proposed townhome development be submitted. Those general factors affecting the existing and future market which would support single family for sate residential development of the subject site at the Land Use Plan amendment stage of the land development process, are examined in this report. The proposed townhouse community is intended to accommodate 48 1-story, 1,945 square foot townhomes, inclusive of two car garages as well as 124 2-story, 2,110 square foot townhomes, inclusive of one car garages. The anticipated pricing for these townhouse units is likely to be $175,000+. TABLE 1 -UNTY MIX Type (Bedrooms/Baths) Number (Units) Approx. Size (sq. ft.) Three/two 48 1,945 Three/two 124 2,110 Total 172 -- I Arbolata T.H. Community Exhibit 1 - Site Location O LANTANA OCEAN ,-. 4YPOLUXO LE CHALET GATEWAY BOYNTOh BEACH BLV[ OCEAN AV WOOLE RD GOLF RD : PIPERS FLAVOR LAKE IDA Si,MS RD ATLANTIC I LOWSON BL LINTON BLVD la Arbolata T.H. Community Market 0 vervJe w Demand For Owner Units (For Sale) Palm Beach County Affordable Housing Study The Palm Beach Coun _ty Affordable Housing Study (Thompson Consulting, Inc.; 2000) identifies and quantifies housing needs in Palm Beach County, and is an update of the 1994 study, which was used as the basis for developing the County's Five-Year Consolidated Plan (as requirement of the Department of Housing and Urban Development/HUD), which identifies housing needs priorities in Palm Beach County. The study was also used by the county as a basis to determine affordable housing needs in the Voluntary Density Bonus (VDB) programs. In the above referenced study, households on a countywide basis are characterized using Census data specially prepared by the Bureau of the Census (in conjunction with the University of Florida's Bureau of Economic and Business and Shimberg Center), as follows: TABLE 2 - DISTRIBUTION OF HOUSEHOLDS BY TENURE AND INCOME GROUP Income Group* Renter Households Owner Households Total Households Very-Low 33,418 54,827 88,245 Low 23,771 48,933 72,704 Moderate 10,038 25,653 35,691 Moderate + 44,370 205,122 249,492 Total 111,597 334,535 446,132 - Very-Low Income = 0 to 50% of Median; Low Income = 51 to 80% of Median; Moderate Income = 81% to 95% of Median; and Moderate+ = 96% and more of Median 2 Arbolata T.H. Community Definitions of very-iow, low, moderate and moderate+ income households are established annually for Palm Beach County by the U.S. Department of Housing and Urban Development (DHUD). Current (2002) definitions are as follows: Very-Low: $31,400 Low: $50,240 Moderate+: $59,660+ From the table on the preceding page, the following countywide observations are made: · There was a total of 334,535 owner households in Palm Beach County in 1999. · The 334,535 owner households represent 75.0% of total households in 1999. · Of the total owner households in 1999, 61.3% were moderate+ income households. Further, using the data from Table 2, it is concluded that, of the total 446,132 resident households in Palm Beach County, approximately 50.0% were moderate+ income owner households, which can afford market rate housing. If it is assumed this rate is maintained during the 2000-2005 period and within the planning time frame for which population growth projections are available for the City of Boynton Beach (planning horizon to the year 2025), growth in moderate+ household income groups will be substantial. The PBCAHS also addresses housing needs on a more localized basis throughout the county. In order to accomplish this task, the county was divided into 17 Housing Sectors. Housing Sector boundaries are indicated in the Map Exhibit 2. The proposed townhouse community is located within Housing Sector P. However, the corporate limits of the City of Boynton Beach fall within both Sectors P and K. This report addresses supply and demand considerations for "for sale" housing (inclusive of townhouses) within the corporate limits of the City of Boynton Beach. As such, any data derived for the City from the Palm Beach County Affordable Housing Study and its TECHNICAL APPENDICES, assumes the weighted proportions calculated from Sectors P and K apply (e.g., to population, household and housing unit estimates and projections.) 3 Arbolata T.H. Community Exhibit 2 - Housing Sectors Palm Beach County Housing Sectors Martin .County 3a Arbolata T.H. Community Reinhold Wolff Economic Research (P.B. County Report) Reinhold P. WolffEconomic Research, Inc. (Wolff) performs an analysis of housing (rental and for sale) in Palm Beach County on a quarterly basis.* County housing submarkets defined by Wolffare different from those used in the PBCAHS. Wolff generally defines the Boynton Beach Area housing submarket as follows: NORTH: Hypoluxo Road; SOUTH: Lake Ida Road; EAST: Intracoastal Waterway; WEST: U.S. 441 and west. TheWolff single family for sale survey includes 39 active projects, with 857 units sold during the first quarter of 2002, making the Boynton Beach Area housing submarket (BBA) the second highest in level of new home sales countywide. Only the Lake Worth/Lantana/Wellington housing submarket exceeded the BBA, with 944 sales. The least sales activity was found in the East and Central Boca Raton housing submarket, with only five new homes sold during the first quarter of 2002. During the last quarter of 2002, 475 units were sold/deeded within the BBA. Although the geographic area encompassed by the Boynton Beach Area housing submarket is greater than that which is encompassed by the corporate limits of the City of Boynton Beach, a ~ quarter 2002 average monthly sales rate of 286 units for single family, for sale housing is noteworthy, representative of a brisk and healthy residential growth rate. TABLE 3 -NEW SINGLE FAMILY HOME SALES (Palm Beach County and Selected Submarkets) Time Period Palm Beach Boynton Beach Lake Worth/ East & Central (qtr.) County Lantana/ Boca Raton Wellington 2~ Quarter2000 1,865 423 474 11 3~ Quarter 2000 2,063 574 494 13 4' Quarter 2000 1,891 620 422 14 Ia Quarter 2001 1,593 378 467 9 2~ Quarter 2001 1,643 572 347 4 3~ Quarter 2001 1,375 415 327 4 4t~ Quarter 2001 1,743 475 501 8 l't Quarter 2002 3,343 857 944 5 */Source: Palm Beach County Quarterly Housing Report, Second Quarter 2002. 4 Arbolata T.H. Community TABLE 4 -AVERAGE MONTIII,Y SALES RATES NEW SINGLE FAMH~Y HOME DEVELOPMENTS (Palm Beach County and Selected Submarkets) (1) Geographic Area Units Sold # of Active Projects Average Sales (3) (1/1-3/31 - 2002) (2) Palm Beach County 3,343 147 7.6 Boynton Beach 857 39 7.3 Lake Worth/Lantana/ 944 37 8.5 Wellington East & Central Boca 5 4 3.3 TABLE 5 - NEW SINGLE FAMILY HOME SALES (FEE SIMPLE) (Palm Beach County and Selected Submarkets) (1) Price Range ($) Palm Beach Boynton Beach Lake Worth/ East & Central Co. Lantana/Weli. Boca Raton Under $75,000 1 0 0 0 $75,000-$99,999 19 0 10 3 $100,000-$124,999 99 3 84 1 $125,000-$149,999 414 114 109 0 $150,000-$174,999 517 157 141 0 $175,000-$199,999 571 204 104 0 $200,000-$249,999 660 247 218 0 $250,000-$299,999 454 85 163 0 $300,000-$399,999 333 34 100 0 $400,000+ 275 13 15 1 Total 3,343 857 944 5 Median Price $203,825 $193,933 $204,504 $203,825 */Source: Palm Beach County Quarterly Housing Report, Second Quarter 2002. (1) Includes all housing sold in fee simple (2)An active project is one that has one or more completed units (3) Sales based on units closed (deeded) 5 Arbolata T.H. Community As evidenced by the statistics presented in Table 4, the Boynton Beach housing submarket is averaging 7.3 fee simple single family sales per month. This rate is generally comparable to that which is found countywide (7.6/month), lower than the Lake Worth/Lantana/Wellington housing submarket, while higher than the East & Central Boca housing submarket. As evidenced by the statistics presented in Table 5, the median sales price for fee simple single family units of $193,933 is lower than the median for the other two cited housing submarkets, as well as for Palm Beach County as a whole. However, as indicated earlier, the Boynton Beach housing submarket has the second highest level of hew homes sales countywide, behind the Lake Worth/Lantana/Wellington housing submarket. The above referenced statistics taken from the 2ud Quarter Palm Beach County Quarterly Housing Report prepared by Reinhold P. Wolff, are indicative of healthy demand for single family (fee simple) homes in the Boynton Beach housing submarket. 6 Arbolata T.H. Community 2 Tar§et Market Area For purposes of the subject FLUA amendment, the supply/demand analysis defines the target market area (TMA) as the corporate limits of the City of Boynton Beach, as the data and analysis typically required to justify amendments to the Future Land Use Atlas is for the geographic jurisdiction within which the change is being proposed. For Sale Unit Demand Using population and household growth projections derived from the City of Boynton Beach,* projections of moderate and above income owner household and unit growth within the TMA are presented in Tables 6 and 7, assuming a weighted average percentage of total households and housing unit stock needed for moderate and above income owner groups, as estimated and projected in the Palm Beach County Affordable Housing Study for Sectors P and K. The proposed townhouse community is located within Housing Sector P. A weighted average of Sectdrs P and K was used as the corporate limits of the City of Boynton Beach fall within both Sectors P and K. This report addresses supply and demand considerations for"for sale" housing (inclusive oftownhouses) within the corporate limits of the City of Boynton Beach. As such, any data derived for the City from the. Palm Beach County Affordable Housing Study and its TECHNICAL APPENDICES, assumes the weighted proportions calculated from Sectors P and K apply (e.g., to population, household and housing unit estimates and projections within the TMA - coincident with the corporate limits of the City of Boynton Beach.) From these tables, it is concluded that growth in demand for moderate and above income for sale units within the City during the near and long term projection time frames, will be substantial. Growth in demand is summarized on the following pages. * The Development Atlas of Boynton Beach, Florida, City of Boynton Beach Department of Development (Division of Planning and Zoning) 7 Arbolata T.H. Community The following tables (6 & 7) estimate and project demand for single family (for sale fee simple) units within the corporate limits of the City of Boynton Beach. TABI,E 6 - PROJECTIONS OF GROWTH OF MODERATE AND ABOVE INCOME OWNER HOUSEHOLDS City of B0ynton Beach: Year Population Total Households Moderate and (1) Above Income Owner Households* 2000 60,389 26,603 11,253 2002 62,564 27,561 11,658 2005 64,296 28,324 11,981 2010 66,952 29,494 12,475 2015 70,509 31,061 13,139 2020 72,918 32,122 13,587 2025 73,590 32,419 13,713 * 42.3% of total households (derived fi.om weighted average of moderate+ income owner households and housing units estimated and projected in Housing Sectors P & K, as graphically depicted in Exhibit 2. 1) Based on 2.27 persons per household (owner-occupied average) per 2000 Census; The Development Atlas of Bovnton Beach, Florida, City of Boynton Beach; Thompson Consulting, Inc. 8 Arbolata T.H. Community TABI,E 7 - PROJECTIONS OF GROWTH IN DEMAND FOR MODERATE AND ABOVE INCOME OWNER UNITS City of Boynton Beach: Year [Iouseholds Units* 2000 1,253 13,239 2002 11,658 13,715 2005 12,981 14,095 2010 12,475 14,676 2015 13,139 15,458 2020 13,587 15,984 2025 13,713 16,132 * Households/0.85+_ (based on proportion of occupied units of total units cityWide per 2000 U.S. Census & Table 3, Page 41 of document entitled The: Development Atlas of Boynton Beach, May, 2002) Summary ofDemand Projections* Period Total Demand Annual Demand 2000-2005 856 171 2005-2010 581 116 2010-2015 782 156 2015-2020 526 105 2020-2025 148 30 9 Arbolata T.H. CommuniW Selling Price and Affordability Criteria The anticipated pricing of the Arbolata Townhome community is $175,000_+. This pricing was determined based on the units being considered affordable to those households making 95%+ of the countywide median income, as established by the U.S. Department of Housing and Urban Development (HUD), applying a standard percentage (i.e., 30%) of annual gross income for gross housing costs. Gross owner-occupied housing costs include PITI (principal, interest, taxes and' insurance) and any association fees, as applicable. The HUD 2002 median family income established for Palm Beach County is $62,800. 95% of $62,800 is $59,660. Those making 95% or more of the countywide median income are considered moderate+ income households as defined in Chapter 1 (Market Overview.) Home selling prices affordable to moderate+ income groups are derived as follows, from the 2002 HUD established median income of $62,800: TABLE 8 - IVLMaOMUM INCOME/HOME SELLING PRICES BY INCOME GROUP ($) Income Group Maximum Annual Maximum Home Price Income ($) ($)* Moderate (81-95% of median) 59,660 178,980 Moderate+ (96-120%+ of median) 75,360+ 226,080+ * - 3.0 times household income Key to the above procedure is the derivation of the factor (i.e., 3.0) which is applied to household income in order to determine maximum affordable selling prices. An example of the procedure used' to justify the factor is presented in Exhibit 3. The example is based on a typical townhouse unit sale within New Haven at Abacoa in Jupiter, Florida. Conservative assumptions relative to interest rate and household income factor used to determine maximum affordable selling prices are made. A 6.5% inlerest rate on a fixed 30 year mortgage loan is assumed due to uncertainty as to what rates will be when Arbolata Townhomes are available for sale.) Based on information above, all the townhouse units within the Arbolata community will be considered affordable to households whose incomes are 95% or greater than the countywide median income (moderate+ income households.) l 0 Arbolata T.H. Community Exhibit 3 Example Home Sale* Calculations A. Price Information B. Loan Data - Bank Rate Monitor/Freddie Mac Base Price: $208,500 Rate: 6.5% Lot Premium: $ 0 Term: 30 years Options: $ 0 Total Price: $208,500 Total Price: $208,500 Down Payment: $ 20,850 Loan Amount: $187,650 C. Monthly Payments Principal & Interest: $1,217 Monthly Mortgage Ins.: $ 120 Property Taxes: $ 170 Association Fee: $ 138 Homeowner's Ins.: $ 75 Total Monthly Payment: $1,720 PITI: $1,632 D. Calculations 1. $1,632 = $5,440 (minimum monthly income requirement) 0.30** 2. $5,440 x 12 -- $65,280 (minimum yearly income requirement) 3. $208,500 (total selling price) = 3.19 $ 65,280 (minimum yearly income requirement) * Abacoa New Haven townhouse typical sale ** PITI should not exceed 30% of monthly income per U.S. HUD, Housing Elements of Comprehensive Plans, various affordable housing programs 1 1 Arbolata T.H. Community For Sale Unit Supply Existing Townhouse Developments Townhouse projects located within the corporate limits of the City of Boynton Beach, which were approved and built out in the past few years, were identified from the Palm Beach County Property Appraiser data file, Meyers Real Estate Information, Inc., the City of Boynton Beach (Table 7. Residential Development Projects Approved 1990-2001) in the document entitled The Development Atlas of Boynton Beach, Florida, May 2002, and field survey research by Thompson Consulting, Inc. There were a number of townhouse/villa projects approved and built in the 1970s and 1980s, including The Meadows and Boynton Lakes. In 1991, an additional townhouse development within Boynton Lakes (Plat 5) was approved and sold out. In 1994, Quail Run Villas were built and sold out thereafter, and in 1996 Cedar Ridge Townhomes were approved, beginning construction/sales in 1999. This project sold out in 2001. In 1999, San Sovino (Melear PUD) was approved with construction/sales beginning in 2000 and selling out in 2001. Since that time, there have been additional townhouse developments approved (both fee simple/for sale and rentals), but the only new townhouse product built (located in Quantum Park) is a rental project. The following summarizes those townhouse developments identified during our research efforts which are the most recently constructed and sold (within the corporate limits of the City of Boynton Beach): TABI,E 9 - EXI~TING TOWNHOUSE DEVELOPMENTS tRECENTLY SOLD OUT) Project Total Price Size Size Avg. Close-out Units Range ($) Range Range Sales Date (~.f.) (br/ba) Rate ~ (monthl}9 Cedar Ridge 110 129,990- 1,528- 2/3-3/3 5.5 Dec. '01 Estates (t.h.) 204,900 2,878 ~ San Sovino 130 95,900- 1,329- 2/3-4/3 7.1 (10.8 Jan. '02 (Melear-t.h.) 155,333 1,688 for 1a 85%) There are other townhouse developments located in unincorporated Palm Beach County and Hypoluxo which are not included as the subject report focuses on the City of Boynton Beach. 12 Arbolata T.H. Community Planned/Approved Townhouse Developments There are a number of single family townhouse developments approved within the City of Boynton Beach which have not begun construction nor sales to date.* These are summarized below. TABLE 10 - PLANNED/APPROVED TOWNItOUSE DEVELOPMENTS Project Name Location Status Number of Anticipated Units Pricing ($) Coastal Bay W. side U.S. 1, Approved/No 66 townhouses Unknown Colony south of Golf construction to Rd. date Hampton Court S. side Golf Rd., Approved/No 66 townhouses Unknown E. of Congress construction to Ave. date Dakota Lofts E. side U.S. 1, Approved/No 19 townhouses Market High S. of Hypoluxo constr. (3 units (expect to begin ($380,000s - Rd. committed) constr, in 3/03) $500,000s) Kensington S. side 23rd Ave. Approved/No 17 townhouses Market Place (Golf Rd.), E. of construction to ($150,000s+) F.E.C.R.R. date tracks) The Harbors 2300 N. Federal Appr0~,ed/No 54 townhouses Unknown Highway (E. construction to side U.S. 1, S. date of Gateway Blvd./Royal Palm Dr.) Memno Bay S.E. comer U.S. Approved/No 20 townhouses Unknown 1 and Shore Dr. construction to (S. of Gateway date Blvd.) Quantum E & N.W. section of Approved/No 271 Unknown W (Continental Quantum Park construction to Homes) (Lots 7-1 1 & date 23-31) */Source: City of Boynton Beach Planning and Zoning Division (New Residential Developments); Thompson Consulting, Inc. Note: Quantum Village (Phase 2 & 3) are intended to be townhouse apartment rentals; Phase 1 (Quantum Lake Villas) is constructed and are currently in initial leasing with 293 - i, 2 and 3 bedroom apartments. 13 Arbolata T.H. Community While the anticipated pricing of the above referenced townhouses is unknown with the exception of Kensington Place ($150,000s+) and Dak6ta Lofts ($380,000s - $500,000s), for purposes of this report, all the above referenced units are factored into the supply side of the analysis, making the net demand projections conservative. At present, all of the for sale, fee simple units approved and planned in Boynton Beach are townhouse units, totaling 513. In addition, the City of Boynton Beach's document entitled The Development Atlas of Boynton Beach~ Florida, May 2002, includes a list of vacant residential properties (larger than 2 acres) which exist throughout the City. These are as follows: TABLE 11 o VACANT RESIDENTIAL PROPERTIES AS OF MARCH 2002 Properte Name ~ Acreage , Density Units Winchester/Klatt 109 7.28 791 High Ridge County Club 50 4.84 242 Palm Beach Groves 18 4.84 87 Knollwood Groves 31 4.84 150 Quantum PID N/A N/A 415 Christian Villas 2 10.8 28 Palmland Villas 3.7 10.8 45 Total __ - - 1,758 The total number of units planned to be added to the City of Boynton BeaCh, based on current available vacant land designated to accommodate residential development, totals 1,758 units. The current housing stock within the City of Boynton Beach is comprised of 73% owner-occupied and' 27% renter occupied units (Source: 2000 U.S. Census; The Development Atlas of Bovnton Beach, Florida, May 2002.) Assuming the same proportions of renter and owner occupied' units in the future, approximately 1,283 of the total 1,758 units referenced above will become owner occupied. As such; these units (regardless of pricing, which could be affordable to household income groups making less than 95% of the countywide median), are factored into the supply side of this report. 14 Arbolata T.H. Community Supply/Demand Comparison TABLE 12 - CALCULATION OF DEMAND VERSUS SUPPLY OF MODERATE AND ABOVE INCOME OWNER UNITS (2000-2025) Growth In Demand For Owner Units 2,893 (Moderate and Above) Less Planned Supply of Planned/Approved 1,796 Owner Units & Owner Units Available on Vacant Residential Properties Less Proposed Arbolata Townhome Units 172 Total Oversupply (Under supply) (1,968) Within the TMA (City of Boynton Beach), comparing future projected supply (approved unbuilt, residential development potential of vacant residential land and the units proposed for the subject site), to the year 2025 projected demand of 2,893 for sale units, indicates a supply deficit (under supply) of 1,968 units. Hence, the 172 townhouse units proposed for the Arbolata project are needed within the projection time frame (planning horizon for which population projections are available for the City ofBoynton Beach/TMA.) In fact, v¢ith annual projected demand of 171 units in the first five years of the projection time frame, the Arbolata Townhome project could conceivably be absorbed/sold out in one year. In addition, although the townhouse projects recently, approved within the City of Boynton Beach, have not begun construction/sales yet, with the exception of Dakota Lofts, two townhouse projects recently sold-out within the TMA indicate that the sales (absorption) rate at the Arbolata Townhome community will likely range from 5.0 to 7.0+ units/month. This absorption rate translates into sell- out within 24 - 34 month_+. Last, the Boynton Beach housing submarket defined by Wolff indicates healthy for sale housing demand, with an average per project sales rate of 7.3 units/month, for a total of 857 sales in the first quarter of 2002. 15 Arbolata TH. Community GENERAL LIMITING CONDITIONS Every effort has been made to insure this report contains the most accurate and timely information possible, which is believed to be reliable. However, no responsibility is assumed for inaccuracies in reporting by developer, developer's agents or any other sources. Contractual obligations do not include access to or ownership transfer of any electronic data processing files, programs or models completed directly for or as a by-product of this research effort. This report may not be used for any purpose other than for which, it is prepared, except by owner/developer. Possession of this report does not carry with it the right of publication and its contents shall not be disseminated to the public through advertising media, sales media, or airy other public means of communication without prior written consent and approval of Thompson Consulting, Inc. 16 Arbolata T.H. Community VI. - PUBLIC HEARING CITY OF BOYNTON BEAC] ITEM F. 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 [] December 3, 2002 November 18, 2002 (Noon) [] February 4, 2003 January 21,2003 (Noon) [] December 17, 2002 December 2, 2002 (Noon) [] February 18, 2003 February 3, 2003 (Noon) [] January 7, 2003 December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003 (Noon) [] January 21,2003 January 6, 2003 (Noon.) [] March 18,. 2003 March 3, 2003 (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 January 7, 2003 City Commission Agenda under Public Hearing. The Community Redevelopment Agency Board on December 10, 2002 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 02-213. EXPLANATION: PROJECT: Mixed Use-Core (LUAR 02-010) Federal Highway Corridor Future Land Use Map Amendment AGENT: City Of Boynton Beach r~ LOCATION: East side of Federal Highway, between Ocean Avenue and NE 4th Street DESCRIPTION: Request to amend the Comprehensive Plan Future Land Use Map from Mixed Use (MX) to Mixed Use-Core (MX-C). The review of this item is for approval to transmit to the State Department of.C~mmoniW Affairs for consistency review. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A AL TE RN~~v e ll~o;~ent ~h~ City Manager's Signature Plannin~ and Zoning~5/irector City Attorney / Finance / Human Resources S:~PlanningXSHARED\WP~PROJECTSLMIXED USE CORE LUAR~Agenda Item Request Fed Highway Corn(mixed use)LUAR 02-010 1-7-03.dot S:~BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLA~NNING & ZONING DIVISION MEMORANDUM NO. PZ 02-213 TO: Chairman and Members Community Redevelopment A~ency Board FROM: Dick Hud or Planner THROUGH: Michael W. Rumpf Director of' Planning and Zoning DATE: July 1.8, 2002 PROJECT DESCRIPTION Project/Applicant: Federal High~vay Corridor Future Land Use Map A.mendment (LUAR 02-010) Agent: City of Bo,v'nton Beach Location: Federal High~vay Corridor seg-ment between N-E '4tn Street on the north and East Ocean Avenue on the south, from Federal Highway east to the Intracoastal Wate~vay, excluding the Conservation Overlay area (man,oyes) and the city-o~vned property, lying be~veen N'E 2nd Street and N'E 4th Street (Man,ore Park at the Marina). File No: Land Use Amendment (LUAR 02-01. 0) Property. Description: Various properties totaling +19.384 acres shown shaded on the accompanying location map, classified Mixed Use (see Exhibit A). Proposed change/use: .T0 reclassify the subject properties described above from Mixed Use (M.X) to Mixed Use-Core (tMX-C). A companion Comprehensive Plan Text Amendment is being proposed concurrently. Adjacent Land Uses and Zoning: North: Right-of-~vay ofN'E 4~h St, then developed properties designated Mixed [.;'se (MX) and zoned. Central Business District (CBD). South: Right-of-way of East Ocean Avenue, then developed properties designated Mixed Use and Medium Density Residential and zoned Central Business District (CBD) and N[ultiple- Family Dwelling District (R-3). East: City-owned property (Mangrove Park at the Marina), farther east concentration of man,oyes desig-nated the Consetwation Overlay District (mangoves) and then the [_ntracoastal Water,ray. West: Right-of-way o fNorth Federal Highway, then developed properties designated Mixed Use (NIX) and zoned Central Business Distr/ct (CBD). Page 2 Federal Highway Corridor Land Use Amendment File Number: LUAR 02-010 BACKGROUND Ln January 2 00 l, t he City adopted text amendments t o t he Comprehensive P lan to enable the preparation of redevelopment plans as recommended by the Bovnton Beach 20/20 Redevelooment Master Plan. T he C ivy C ommission adopted the first of those redevelopment plans, the Federal Highway Corridor Community Redevelooment Platt, on May i5,200l. The proposed land use amendment represents a second step in the implementation of' a recommendation from that plan. The first step ,.,,'as the addition of two Mixed Use zoning districts, Mixed U se-High a nd Mixed Ur se-Lo,v, to P art r 1'I o f the City's Code of Ordinances, approved by the City Commission on June 18, 2002. The Mixed Use-High and Mixed Use-Low zoning districts are available per request to developers ,,','ho want to take advantage of benefits offered by the new regulations. The Mixed Use-Low (MX-L) zoning is available for properties located in areas referred to in the redevelopment plan as Planning Areas 13' and IV. The Mixed Use-High (~MX-I--i') zoning is currently available for Planning Area lTI (the Central Business District (CBD) area); the proposed land use amendment, if approved, will actually allow a more intensive development in the core section of CBD. Because of the size of the area under consideration, the proposed land use change qualifies as a large-scale amendment pursuant to Chapter 163 F.S. This proposed amendment is being reviewed for transmittal to the Florida Department of Community. Affairs (DCA). Following local board review and City Commission public hearing, a "large-scale" amendment is transmitted to the Florida Department of Community Affairs for review for compliance with the state, re~onal and local comprehensive plans prior to adoption. Following the review period of approximately 60 days, DCA provides the City with a report of their findings in an "Objections, Recommendations and Comments (ORC) Report". The City then has 60 days to either (1) adopt the amendment as transmitted, (2) adopt the amendment with changes in response to the ORC report, or '(3) determine not to adopt the amendment and inform DCA of that decision. According to Florida Statutes Chapter 163, large-scale amendments may only be adopted during two amendment cycles each calendar year. This amendment request is a part of the first round of amendments for the 2003 calendar year. PROJE CT ANALYSIS The criteria used to review Comprehensive Plan amendments and rezonings are listed in A_rric[e ' 2, Section 9, Administration and Enforcement, Item C. Comprehensive Platt 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. ct. Whether the proposed rezoning would be consistent with applicable comprehensive platt policies including but not limited to, a prohibition against any increase itt dwelling unit density ~cceeding 50 itt the hurricane evacuation zone withottt written approval of the Palm Beach Cottnty Emergency Planning Division attd the 2 Page 3 Federal High~vay Corridor Land Use Amendment File Number: LUAR 02-010 City's risk manager. The t~lanning department shall also recommend limitations or requirements, which would have to be imposed on subsequent developme~tt of the property, in order to comply with policies contained in the Comprehensive Plato Policy [.9.5 of the Future Land Use Element states: "The City, by 2002, shall conduct studies and/or prepare redevelopment plans/or areas designated by the Primary Tatter Areas Overlay. The plans shall, in part, implement or further the adopted Boynton Beach 20/20 Redevelopment 3,[aster P!an with use provisions, development standards and desio~n criteria which may address public improvements, it~rastructure, building placemeut, architectural character, streetscape, signage, landmark opportunities and unijy.'ing desizn concepts. Dnplementation mechanisms may include, but are not limited to, adoption of overla.vs in the land development re~dations, amendments to land development re~tlations, and/or through rezoning to new or existing districts. The Primary Target Areas which shall be studied include but are not necessarily limited to: · :k[artin Luther FY. lng Boulevard from Seacresr Boulevard to U. S. i; · U.&J frotn north to south ciO' limits, · Boynron Beach Boulevard from [(S. J to I-9.5; · Ocean Average from the Marina to Seacrest Boulevard; and; · Golf Road between U.S. ! and Seacrest Boulevard. Each Primary Target Area shall ulrimatel.v be delineated appropriately on the Future Land Use 3/(ap. Until such time as the studies can be conducted and mechanisms implemented for such an area, ~ublic investment- irt terms of infrastructure -shall be minimal. [fa private development proposal is made within a redevelopment area, one of the following options shall be pursued: · Acceleration of the redevelopment plan overlay district and deferral of the land ~lS~ request until the plan is completed; · Consideration of the use request on its own merits with the existing zoning and policies of the Comprehensive Plan ~dding the disposition of the request; and/or · The use of a moratorium or variation of the "zonin7 in prog~ress'' process." The proposed land use amendment is consistent with policy' !..9.5 of the Future Land Use element and is one of the actions recommended to implement the study for the U. S. t corridor (see Exhibit B-Redevelopment Pro.ams and Projects). Tb.e amendment will also encourage the redevelopment of developed properties and promote infill development on vacant and underutilized properties i.n this part of the Community Redevelopment A. rea. [t will also increase opportunities for utilization of transportation alternatives to tb_e automobile. The Federal Highway corr/dor is one of the major north-south routes for Palm Tram the county's transit service and increased density, will theoretically lead to increased ridership. 3 Page 4 Federal Highway Corridor Land Use Amendment File Number: LUAR 02-0[0 The amendment is consistent with objectives o~' the "Easrward Ho" initiative and furthers numerous policies found in the "Treasure Coast Strategic Regional Policy Plan" in both the "Fttt,tre of the Region" and "Economic Deve/opment" sections. Those policies include: Future of the Region Policy2.1.2.2: Encourage densification of and investment in established cities, towns and villages. Policy 5.1.1.2: Redevelop obsolete retail/commercial centers within well- developed urban areas as an effort to discourage urban sprawl. Proposals for redevelopment may include the following site design features: a. Desig'n a fine nerwork of streets that continues and enhances the establishment of the adjacent neighborhoods. b. Include a mix of uses that complements the existing activities of the city,, town or village. Policy 5.1.1.3: Encourage development around transit stations. Proposals should: a. Develop intense mixed-use projects within a quarter mile radius of the station. b. Include a fine-grained network of streets detailed to optimize the comtbrt and safety of pedestrians and bicyclists. c. include high-density residential areas, to enhance the feasibili ,fy of transit. Economic Development Policy 3.4.1.1: Encourage the use of compact, mix-use development and redevelopment projects that are less costly to serve, have less impact to the natural environment, and help strengthen the economics of existing urban areas. The language pertaining to residential projects locating in the hurricane evacuation zone is being changed since Palm Beach CoUnty Emergency Planning Division does not currently have an appropriate review process a6commodating such projects. b. Whether the proposed regonbtg 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 grater of special privilege to an individual property owner as contrasted with the protection of the public welfare. The proposed amendment is consistent with the adjacent established land use patterns, it creates a new district with the increased density/intensity limits consistent with the respective redevelopment plan, and within the Central Business District, which a Iready allows for high intensity development. c. Whether changed or changing conditions make the proposed regoning desirable. The increasing awareness of the importance o f redevelopment and enhancement of the traditional coastal business centers as opposed to continued west~vard sprawl coupled with a desire to 4 Page 5 Federal Highway Corridor Land Use Amendment File Number: LUAR 02-010 provide opportunities for economic revitalization have made this amendment both necessary and desirable. The existing opportunities within the Central Business District have remained effectively untapped tl'u'oughout the period or' economic prosperity. This amendment ,:,,'ill stren~hen the incentives for redevelopment and infill development both within the ney,' district and the surrounding areas by creating a possibility for a higher "critical mass" in terms of use synergies. d. Whether the proposed use would be compatible with utility systems, road}vays, and nth er public facilities. The increased density/intensity of uses will generate additional demand for public serwices. Staff has reviewed changes in capacity demand by comparing the most intensive development scenarios under the current and proposed density/intensity parameters. In terms of water and sewer demand, adequate capacity w ill b e available once t he C it-y obtains t he water use permit currently under negotiations with the South Flor/da Water Management District. The additional trip generation has been processed througl'~ the Metropolitan Planning Organization 2020 Long Range Transportation Plan model and found to be compatible with the projected road capacities. With respect to solid waste, the SWA has stated ~vithin a letter dated December 8,200l, that adequate cavacity exists to accommodate the county's municipalities throughout the 10-year planning period. I t needs to be emphasized that: (1) the most intensive development scenario is highly unlikely to happen, and (2) all projects will be revie~ved on an individual basis, as a part of the site plan review process, to determine facility capacity or needed improvements. Drainage will also be reviewed in detail as part of the site plan review process and must satisfy all requirements of both the city and local drainage permitting authorities. e. gI/hether the proposed rezonhtg }would be compatible with the current and fitture use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. The proposed amendment will'be compatible with current and future uses of adjacent properties. In terms of future uses, MLxed Use-Hi*~5. Intensity zoning recently replaced a portion of the Central Business District, pursuant to a privately-initialed request. At the same time, areas north and south from the Central Business District (referred to as Planning Areas 12 and ['V in the "Federal Highway Corridor Community Redevelopment Plan") are eligible for the Mixed Use- Low Intensity zoning with increased intensity for non-residential zoning. With the proposed amendment and these discretionary options in place, future development patterns will achieve a high level of compatibility both visually and functionally. Moreover, safeguards are being built into the land development regulations to protect values of' adjacent and nearby properties. An overall increase in property values over time is expected. f. }Fhether the property is physically attd econotnically developable under the e:cisting zoning. Page 6 Federal Highway Corridor Land Use Amendment File Number: LUAR 0:2-010 W'hile the properties being considered in this amendment are developable and redevetopable under the existing land use designations, the proposed amendment would serve to enhance the development and redevelopment opportunities in the downtown core area. g. ~Vhether the proposed rer. oning is of a scale which is reasonably r elated t o t he needs of the neighborhood and the city as a whole. The scale of the proposed amendment is related to both the needs of the area and the city as a whole. Downtown and the surrounding areas will benefit fi.om the increased limits on density/intensity which may potentially enhance private investors' interest in redevelopment, which is usually more expensive and often requires substantial incentives. The city as a whole is nearing buildout, and at some point in the near future redevelopment of the downtown will be the only option to accommodate more residents. Aside fi.om providing employment opportunities, downtown retail, service .and entertainment uses can offer a unique mix of products that should eventually attract tourists as well as local residents. Creating downtown as a destination is vital to the future of the city. h. gVhether there are adequate sites elsewhere in the cityfortheproposeduse, in districts where such use is already allowed. The "Mixed Use-Core" is a new land use designation. There are no other "adequate" locations - the only appropr/ate location for the new district is the central part of the downtown. The amendment, together with the discretionary, zoning options available per request to developers, will allow for a transition from the most intensive development in the Mixed Use-High zoning district to the less intensive development in the areas at the north and south of the corridor which are elig/ble for the Mixed-Use Low zoning. The Mixed Use - Hi*~-t zoning has the potential to expand throu*~h_out the remaining part of the current Central Business District. CONCLUSIONS/RE COM~tENI) ATIONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will be compatible with adjacent lar/d uses and will contribute to the overall economic development of the City. It has also been determined that additional potential demand upon pubic facilities can be accommodated. Therefore, staff'recommends that the subject request be approved. ATTACFEVIENTS I ~HIU~ATA~PI'~nmg'St4-AR-~D~W~PROJECY~:~,%U,X~D USE COR.~ LUAR*,U$ l*tafl're~oet H.d~c Location Map MIXED USE- CORE (MXC) VI. - PUBLIC HEARING ITEM G. 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 [] December 3, 2002 November 18, 2002 (Noon) [] February 4, 2003 January 21, 2003 (Noon) [] December 17, 2002 December 2, 2002 (Noon) [] February 18, 2003 February 3, 2003 (Noon) [] January 7, 2003 December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003 (Noon) [] January 21, 2003 January 6, 2003 (Noon.) [] March 18,. 2003 March 3, 2003 (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 January 7, 2003 City Commission Agenda under Public Hearing. The Planning and Development 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 02-267. EXPLANATION: PROJECT: Rosemary Scrub (LUAR 02-011) AGENT: City-imtiated OWNER: Palm Beach County LOCATION: Northwest comer of the intersection ofN. Seacrest Boulevard and Miner Road DESCRIPTION: Request to reclassify the subject property from Recreational (R) to Conservation (CON), and rezone from Recreation (REC) to Environmentally Sensitive Land (ESL). The review of this item is for the transmittal to the State Department of Community Affairs for consistency review. PROGRAM IMPACT: N/A FISCAL IMPACT: . N/A -~~~/&("/t~'~ Developme~rl~art~-nt D-irecto*"~ City Manager's Signature __ ~tnd~trector City Attorney / Finance / Human Resources Planning . S:\Planning~HARED\WPLPROJECTSLRosemary Scrub\LUAR\Agenda Item Request Rosemary Scrub LUAR 02-011 l-7-03.dot S:\BULLETINWORMS~S, GENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANN1'NG & ZONZNG DZV'ZSZON MEMORANDUM NO. PZ 02-267 TO: Chairman and Members Planning and Deve~lo,~njj~nt Board FROM: Dick Hudson, Ser~l~'F-Planner THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: November 18, 2002 PROJECT DE~CR1'PTZON Project: Rosemary Scrub Land Use Amendment/Rezoning Agent: City-initiated Owner: Palm Beach County Location: Northwest corner of the intersection of N. Seacrest Boulevard and Miner Road File No: Land Use AmendmentJRezoning (LUAR 02-01i) Property DescripUon: Vacant property consisting of +_13.59 acres, classified Recreational (R) and zoned Recreation (REC) Proposed change/use: To reclassify the subject property from Recreational (R) to Conservation (CON), and rezone from Recreation (REC) to · Environmentally Sensitive Land (ESL). Adjacent Land Uses and Zoning: North: Developed Single-family homes designated Moderate Density Residential (LDR) with a maximum density of 7.26 du/ac and zoned R-1 (single-family residential at a density of 7.26 du/ac). South: Single-family homes designated Moderate Density Residential (LDR) with a maximum density of 7.26 du/ac and zoned R-1 (single-family residential at a density of 7.26 du/ac). East: Right-of-way of Seacrest Boulevard then developed single-family housing designated Moderate Density Residential with a maximum density of 7.26 du/ac and zoned R-! (single-family residential at a density of 7.26 du/ac). Page 2 File Number: LUAR 02-011 Rosemary Scrub West: Right-of-way of 1-95. Farther west, developed property in the High Ridge Commerce Park PID designated Industrial (I) and zoned Planned Industrial Development (PID) PROPOSED USE OF THE PROPERTY The property will remain a permanently preserved native Florida ecosystem, available to the public for passive, natural resource-based outdoor recreation and education. A management plan for the property is in place and the County has developed a parking and interpretive area on the site, which facilitates public access and enjoyment of the natural area. INTRODUCTION In :1993, the City of Boynton Beach and Palm Beach County entered into an interlocal agreement for the acquisition and management of the Rosemary Scrub Ecosite. Under terms of that agreement, the City was required to amend the land use and zoning to designate the property for use as a "CONSERVATION" area. At that time the City's Comprehensive Plan did have a "CONSERVATION OVERLAY'; which was placed over the future land use designation of all Type "A" and Type "B" ecosites; it did not have a specific "CONSERVATION" land use or a corresponding zoning category. The City's "RECREATIONAL" land use classification and "RECREATION" zoning designation were considered by the City as appropriate to this end since the definition of the "I~ECREATION" zoning designation as specified in Chapter 2, Zoning, Section 5.I.(1).(d). provides for "Preservation or conservation uses intended to maintain the general openness or vegetation of the land for environmental, educational, archaeological or open space reasons." The land use amendment to RECREATIONAL for this property was a part of the EAR-based Comprehensive Plan amendments in 2000. The rezoning to "Recreation" took place in Apdl 2001. At the request of the Palm Beach County Department of Environmental Resources Management (DERM), the City is adding a "CONSERVATION" land use to the Comprehensive Plan and a corresponding Environmentally Sensitive Land (ESL) zoning district in order to complete the process, as required by the inteflocal agreement. PROJECT ANALYSIS The parcels, which are the subject of this land use amendment, total acre. Because of the size of the property under consideration, the Fiodda Department of Community Affairs classifies this amendment as a "large scale" amendment. Following local board review and City Commission public headng, a "large-scale" amendment is transmitted to the Flodda Department of Community Affairs for review for compliance with the state, regional and local comprehensive plans pdor to adoption. Following the review pedod of approximately 60 days, DCA provides the City with a report of their findings in an "Objections, Recommendations and Comments (ORC) Report". The City then has 60 days to either (1) adopt the amendment as transmitted, (2) adopt the amendment with changes in response to the ORC report, or (3) determine not to adopt the amendment and inform DCA of that decision. According to Florida Statutes Chapter 163, large-scale amendments may only be adopted during two amendment cycles each calendar year. This amendment request is a part of the first round of amendments for the 2003 calendar year. Page 3 File Number: LUAR 02-0Ii Rosemary Scrub The criteria used to review Comprehensive Plan amendments and rezonings are listed in The Land Development Regulations, Chapter 2, Section 9, ,~drnini~rat/on and Enforcernen~, Item C. Comprehensive P/an Arnendrnent~: 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. Staff has analyzed the amendment and rezoning utilizing the requisite cdteria and finds both to be supported by this analysis. The proposed amendment is a requirement of the 1995 interlocal agreement for the acquisition and management of the scrub between the City of Boynton Beach and Palm Beach County. Concurrent with this Future Land Use Map amendment, the City is amending the text of the Comprehensive Plan Future Land Use Element to add a "Conservation (CON)" land use classification. That language reads as follows: ¢on~ervat~'on: 'The City shall apply a Conservation (CON) land use category to any natural areas acquired within the City for the purpose of conserving or protecting natural resources or environmental quality. These areas may be used for wildlife management, passive recreation and environmental restoration/protection. These natural areas may include site improvements to support uses that are deemed appropriate and consistent with the function of the designated area. The City shall coordinate with Palm Beach County to designate environmentally sensitive lands that are publicly acquired within the incorporated area as Conservation. The City is also adding a zoning category, Environmentally Sensitive Land (ESL), to the zoning code, and will apply that zoning to the property. CONCLUSZQNS / RECOMMENDATZONS As indicated herein, this request is 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 developme.nt, of the City. Therefore, staff recommends that the subject request be approved. ]:f the Planning and Development Board or the City Commission recommends conditions, they will be included within Exhibit "B" and incorporated into the ordinances accordingly. AII'ACHMENTS \\C~\MA~SHI~)ATA\Pla~ni~g~.<~.IA~EO~WP~PRO.I~U~ROSEMARY~LUAR&~I'A.~ REPORT WAR.clot Location Map ROSEMARY SCRUB M1 , N $ VI.-PUBLIC HEARING O CITY OF BOYNTON BEACH ITEM H. AGENDA ITEM REQUEST FOR vl 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 [] December 3, 2002 November 18, 2002 (Noon) [] February 4, 2003 January 21, 2003 (Noon) [] December 17, 2002 December 2, 2002 (Noon) [] February 18, 2003 February 3, 2003 (Noon) [] January 7, 2003 December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003 (Noon) [] January 21,2003 January 6, 2003 (Noon.) [] March 18,. 2003 March 3, 2003 (Noon) [] Administrative [] Development Plans NATUR~ 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 January 7, 2003 City Commission Agenda under Public Hearing. The Planning and Development 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 02-267. EXPLANATION: PROJECT: Seacrest Scrub (LUAR 02-012) AGENT: City-initiated OWNER: Palm Beach County LOCATION: South Seacrest Boulevard approximately % mile north of the intersection of Gulfstream Boulevard DESCRIPTION: Request to reclassify the subject property from Recreational (R) to Conservation (CON), and rezone from Recreation (REC) to Envffoumentally Sensitive Land (ESL). The review of this item is for the transmittal to the State Department of Community Affairs for consistency review. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVE~'~'~' N/A DevelOpment ~)-e~a~tr~e~t ]~irector City Manager s Signature Planning'and Zo.~n~ Director City Attorney / Finance / Human Resources S:~ianningXSHARED\WP~PROJECTS~;CRUB\SEACRESTLLUAR~genda item Request Seacrest Scrub LUAR 02-012 1-7-03.dot S:~BULLETIN~ORMS~kGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING & ZONZNG D~VZSION MEMORANDUM NO. PZ 02-266 TO: Chairman and Members Planning ~elopment Board FROM: Dick Huds~r)~,,~Senior Planner THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE.' November ].8, 2002 PRO3ECT DE$CRZPTZON Project: Seacrest Scrub Land Use Amendment/Rezoning Agent: City-initiated Owner: Palm Beach County Location: South Seacrest Boulevard approximately 1/4 mile north of the intersection of Gulfstream Boulevard File No: Land Use Amendment/Rezoning (LUAR 02-0].2) Property Description: Vacant property consisting of_+53.69 acres, classified Recreational (R) and zoned REC Recreation Proposed change/use: To reclassify the subject property from Recreational (R) to · Conservation (CON), and rezone from Recreation (REC) to Environmentally Sensitive Land (ESL). Adjacent Land Uses and Zoning: North: (Northwest) Developed single-family homes designated Low Density Residential (LDR) with a maximum density of 4.84 du/ac and zoned R].AA (single-family residential at a density of 5.40 du/ac. (Northeast) Developed residential uses designated Medium Density Residential (MeDR) with a maximum density of 9.68 du/ac, and zoned R-2 (Duplex residential) with a maximum density of 9.68 du/ac. South: Single family homes developed with land use and zoning similar to that lying north of the property. (Northwest) Developed single-family residential designated Low Density Residential (LDR) with a maximum density of 4.84 du/ac and zoned R1AA (single-familY residential at a density of 5.40 du/ac. (Northeast) Developed residential designated Medium Density Residential (MeDR) with a maximum density Page 2 File Number: LUAR 02-012 Seacrest Scrub of 9.68 du/ac, and zoned R-2 (Duplex residential) with a maximum density of 9.68 du/ac. East: Rights-of-way of the Florida East Coast Railroad and Old Dixie Highway, then commercial development--those properties lying within the City of Boynton Beach are designated General Commercial (GC) and zoned C-4 General Commercial; those properties lying within the unincorporated area of Palm Beach County have the county equivalent land use and zoning. West: Right-of-way of Seacrest Boulevard, then developed single-family homes (Chapel Hill) designated Low Density Residential (LDR 4.84 du/ac) and zoned R-i-AAB Single Family Development. PROPOSED USE OF THE PROPERTY The property will remain a permanenUy preserved native Flodda ecosystem, available to the public for passive, natural resource-based outdoor recreation and education. A management plan for the property is in place and the County has developed a parking and interpretive area on the site, which facilitates public access and enjoyment of the natural area. " ]:NTRODI, JCT:ZON l:n 1993, the City of Boynton Beach and Palm Beach County entered into an interlocal agreement for the acquisition and management of the Seacrest Scrub Ecosite. Under terms of that agreement, the City was required to amend the land use and zoning to designate the property for use as a "CONSERVATION" area. At that time the City's Comprehensive Plan had a "CONSERVATION OVERLAY'; which was placed over the future land use designation of all Type "A" and Type "B" ecosites; it did not have a specific "CONSERVATION" land use or a corresponding zoning category. The City's "RECREATIONAL" land use classification and "RECREATION" zoning designation were considered by the City as appropriate to this end since the definition of the "RECREATION" zoning designation as specified in Chapter 2, Zoning, Section 5.1~.(1).(d). provides for "Preservation or conservation uses intended to maintain the general openness or vegetation of the land for environmental, educational, archaeological or open space reasons." The land use amendment to RECREATIONAL for this property was a part of the EAR-based Comprehensive Plan amendments in 2000. The rezoning to "Recreation" took place in Apdl 2001. At the request of the Palm Beach County Department of Environmental Resources Management (DERM), the City is adding a "CONSERVATION" land use to the Comprehensive Plan and a corresponding Environmentally Sensitive Land (ESL) zoning district in order to complete the process, as required by the interlocal agreement. PRO.1ECT ANALYSTS The parcels, which are the subject of this land use amendment, total +_53.69 acres. Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a "large scale" amendment. Following local board review and City Commission public hearing, a "large-scale" amendment is transmitted to the Flodda Department of Community Affairs for review for compliance with the state, regional and local comprehensive plans prior to adoption. Following the review period of approximately 60 days, Page 3 File Number: LUAR 02-012 Seacrest Scrub DCA provides the City with a report of their findings in an "Objections, Recommendations and Comments (ORC) Report". The City then has 60 days to either (:[) adopt the amendment as transmitted, (2) adopt the amendment with changes in response to the ORC report, or (3) determine not to adopt the amendment and inform DCA of that decision. According to Florida Statutes Chapter :~63, large-scale amendments may only be adopted during two amendment cycles each calendar year. This amendment request is a part of the first round of amendments for the 2003 calendar year. The criteria used to review Comprehensive Plan amendments and rezonings are listed in The Land Development Regulations, Chapter 2, Section 9, Admini.~tralz'on and Enforcement, Item C. Comprehensive P/an Amendments: Rezon/ngs. 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. Staff has analyzed the amendment and rezoning utilizing the requisite criteria and finds both to be supported by this analysis. The proposed amendment is a requirement of the :~995 interlocal agreement for the acquisition and management of the scrub between the City of Boynton Beach and Palm Beach County. Concurrent with this F[Jture Land Use Map amendment, the City is amending the text of the Comprehensive Plan Future Land Use Element to add a "Conservation (CON)" land use classification. That language reads as follows: ¢onservat/on: The City shall apply a Conservation (CON) land use category to any natural areas acquired within the City for the purpose of conserving or protecting natural resources or environmental quality. These areas may be used for wildlife management, passive recreation and environmental restoration/protection. These natural areas may include site improvements to support uses that are deemed appropriate and consistent with the function of the designated area. The City shall coordinate with Palm Beach County to designate environmentally sensitive lands that are publicly acquired within the incorporated area as Conservation. The City is also adding a zonir~g category, Environmentally Sensitive Land (ESL), to the zoning code, and will apply that zoning to the property. CONCLUSZON$/RECOMMENDATZONS As indicated herein, this request is 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. Therefore, staff recommends that the subject request be approved. If the Planning and Development Board or the City Commission recommends conditions, they will be included within Exhibit "B" and incorporated into the ordinances accordingly. ATTACHMENTS :. J: ~rl RO ATA\Pt a~ ~'LNI~=O \W P~ PRO 1C-CTS"~ B~SEACREST~LUAR~'1'AFF REPORT Location Map SEACREST SCRUB NIC C3 -- City [Boundary// / $ VII.-CONSENT AGENDA ITEH B.1 O CITY OF BOYNTON BEAC[ AGENDA ITEM REQUEST FOI<vl Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetin~z Date~ in to City Clerk's Office Meeting Dates in to Ci Clerk's Office [] December 3, 2002 November 18, 2002 (Noon) [] February 4, 2003 January 21, 2003 (Noon) [] December 17, 2002 December 2, 2002 (Noon) [] February 18, 2003 February 3, 2003 (Noon) [] January 7, 2003 December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003 (Noon) [] January 21, 2003 January 6, 2003 (Noon.) [] March 18,. 2003 March 3, 2003 (Noon) [] Administrative [] Development Plans NATURE OF ~ Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal r-' Bids [] Unfinished Business [] Announcement [] Presentation [] Ctty Manager s Report RECOMMENDATION: A motion to award the bid for: ,,PURCHASE OF ONE (1) NEW ANI~-IN~.~]~I) PORTABLE, TRAILER MOUNTED, SELF CONTAINED VACUUM UNIT" Bid#078-2821-02/CJD, to SOUTHEI~N SEWER EQUIPMENT SALES, INC. of Fort Pierce, Florida in the amount of: $28,950.00. EXPLANATION: On August 27, 2002, Procurement Services opened four (4) proposals for the above referenced bid. After review and evaluation, it has been determined that the "low bidder" did not meet specifications, so therefore we recommend awarding this bid to the "second low bidder;" Southern Sewer Equipment Sales, Inc. as they were the most responsive, responsible bidder who met all specifications. Barbara Conboy, Manager of Utilities concurs with this recommendation per attached memo #02-183. PROGRAM IMPACT: The purpose of this generator is to be used for dewatering medium sized (3" & 4") main breaks under pressure; performing valve and meter repairs/replacements (some under pressure), potholing, valve and meter pit cleaning. This unit replaces a unit that is rusted, worn and in overall poor condition. FISCAL IMPACT: GENERAL EQUIPMENT: BUDGETED AMOUNT: 401-2810-536-64.02 Deputy Director of Financial Servic~'e~ ' City Manager's Signature Procurement Services City Attorney / Finance / Human Resources Department Name :\BULLETIN~FORMS~AGENDA ITel REQUEST FORM.DOC C: Barb Conboy Manager, Utilities Administration Dora Formanek Chief Operator Utilities Fred Ireland Division Supervisor Utilities File RECEIVED MEMORANDUM DEC 0 2 2002 Utilities #02-183 . ~ PROCUREMEN~,SI~RVlCES TO: Bill Atkins Procurement,Services FROM: Barb Conbo~J Manager, Utilities Administration DATE: November 27, 2002 SUBJECT: Clarification for Recommendation of Award - Bid #078-2821-02/CJD Purchase of One, New and Unused Portable, Trailer Mounted, Self- Contained Vacuum Unit The Utilities Department, on October 23, 2002, made a recommendation to award the bid to Vacuum Source, Inc. for a "vaXcavator" in the amount of $24,950.00. Vacuum Source, Inc. was the apparent low bidder that was most responsive and responsible. This was placed on the November 19, 2002 agenda for approval. The Department pulled the recommendation to conduct further research on the units that were proposed in the competitive bid. After further review and discussion with the Division Supervisor, Fred Ireland and the Chief Operator, Dora Formanek, staff feels the unit that best meets the needs of the Division and also fully meets specifications is the Vac-Tron, PMDS00DTE in the amount of $28,950.00. Staff conducted frank discussion regarding both units. This included the holding tank size, suction power, engine size, simultaneous suction and discharge, and trailer requirements. Accessory availability was also discussed for current and future needs. Comparisons are as follows: "vaXcavator" and Vac-Tron both have a 500 gallon tank; "vaXcavator" and Vac-Tron both have 500 cfm vacuum pump; "vaXcavator" has 30 hp Kobota 12 gallon diesel, Vac-Tron has a 36 hp Kobota 36 gallon diesel; "vaXcavator" trailer empty weight 55701bs, Vac-Tron trailer empty weight 3475 lbs. "vaXcavator" hose carrying is on the side, Vac-Tron hose carrying is underneath; "vaXcavator' is operated on the street side; Vac-Tron allows curbside operation, (you would have to park the "vaXcavator" against traffic to operate curbside). Comparing the units, staff feels that the Vac-Tron is the better unit based on size of the engine and safety of operation. The Vac-Tron unit fully meets specifications. Self-Contained Vacuum Unit Recommendation Page 2 Please present this modified award to Commission on the next available agenda. Funds are available in 401-2810-536-64-02. Additional funds will be made available via a budget transfer, see copy attached. If additional information is needed, please contact Bob Kenyon at ext. 6402 or Fred Ireland at ext. 6418. Attachment cc: Dale Sugerman Bob Kenyon Fred Ireland BIDDER ACKNOWLEDGEMENT Submit Bids To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6323 Mailing Date (City): AUGUST 2, 2002 Bid Title: PURCHASE OF ONE (1) NEW AND UNUSED PORTABLE, TRAILER MOUNTED, SELF CONTAINED VACUUM UNIT Bid Number: #078-2821-02/CJD Bid Received By: AUGUST 27, 2002, NO LATER THAN 2:30 P.M. (LOCAL TIME) Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and time is scheduled for: AUGUST 27, 2002, no later than 2:30 P.M. (local time), and may not be withdrawn within ninety (90) da~s at~er such date and time. All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. Name of Vendor: SOUTHERN SEWER EQUIPMENT SALES Federal I.D. Number: 65-02671~0 A Corporation of the State off FLORIDA Area Code: 800 Telephone Number: 781-4134 Area Code: 772 FAX Number: 595-9171 Mailing Address: 3409 INDUSTRIAL 27TH STREET City/State/Zip: FORT PIERCE, FL 34946 Vendor Mailing Date: B/22/02 Authorizted Signatur FELIX DENMON Name Typed THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL 15 PROPOSAL BLANK BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA To All Bidders: Date: AUGUST 22, 2002 The undersigned declares that he has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type and grade of product/service called for. When submitting more than one bid proposal price for this product and/or service, indicate how many individual and/or combination item(s) are to be tabulated and considered. Attach a separate proposal sheet for each. The undersigned proposes to deliver the product/service in accordance with the specifications for the sum off ONE (1) NEW AND UNUSED PORTABLE, TRAILER MOUNTED, SELF CONTAINED VACUUM UNIT: $ 28,950.00 TOTAL AMOUNT ALL PRICES F.O.B. BOYNTON BEACH It is further agreed that the product/service will be completed/delivered within 30 calendar days fi.om the date of the Purchase Order fi.om the City. Number of Bid Proposals submitted Specification "check-off' sheets (Pages 3 - 5) submitted YES Yes/No THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 16 Bid Proposal Continued ..... VAC-TRON PMD5OODTE MANUFACTURER MODEL SOUTHERN SEWER EQUIPMENT SALES / SIGNATLTR-E COMPANY NAME FELIX DENMON PRINTED NAME ( 800 ) 781-4134 VICE PRESIDENT TELEPHONE NUMBER TITLE THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE !7 SPECIFICATIONS FOR PURCHASE OF ONE (1) NEW AND UNUSED PORTABLE, TRAILER MOUNTED, SELF CONTAINED VACUUM UNIT Scope of Work: The City of Boynton Beach is seeking a vendor to provide one (1) new and unused, portable, trailer mounted, self-contained vaXcavator, Vac-tron, or Vactor or equal vacuum unit to be delivered to the City of Boynton Beach in "turn-key" condition. If and whenever in the specifications a brand name, make, name of any manufacturer, or trade name is mentioned it is for the purpose of establishing a grade or quality of material only. Since the City does not wish to rule out other competition and equal brands or makes, the phrase OR EQUAL is added. However, if a product other than that specified is proposed, it is the vendor's responsibility to name such a product within his bid and to prove to the City that said product is equal to that specified and to submit brochures, samples, and/or specifications in detail on item(s) submitted. The City shall be the sole judge concerning the merits of the bid submitted. Please place an (x) on the blank line next to each item if a specification is met. If exception is taken (alternatives), bidder must explain using a separate sheet of paper. Bidder must submit_ specifications "check-off' sheets (Pages 3-5) with the proposal sheet in order for a bid to be considered. X Engine Fully enclosed and insulated engine stand to eliminate noise and vibration using 2/3 open cell attenuation material · All components attached to an isolation plate that is mounted within the engine enclosure using isolation mounts · All four sides of engine enclosure removable for ease of maintenance and service · All service points for engine, water pump, and vacuum pump accessible from curbside · 36 hp Kubota diesel water cooled engine · 500 cfm vacuum pump mounted within the enclosure · Engine and silencer exhausted through the bottom of the engine enclosure · 30 gallon fuel tank with fuel gauge · Battery with nationwide warranty THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 3 Bid specifications continued ..... × Control Panel · Waterproof and lockable · Mounted at the rear of the unit for ease of operation and safe access · Includes: vacuum pressure gauge, fuel gauge, key switch, electronic throttle switch, water pump switch, lights and DOT strobe controls, amp gauge, hour meter, fuses for water pump and electronic choke · Oil temperature gauge · Lockable curbside remote controls · Hydraulic Pump and Hydraulic Cylinder with remote controls to raise tank 60 degrees · All controls mounted at rear of unit for ease of operation × Filtration · Bag house with 66 square feet of filtration media, combined with 10 gallon water trap · Removable and washable filtration cylinders · Wet or dry industrial filters rated at 5:! cloth ratio and grain loading of 30-g/acf using 0.5 micron silica dust emissions of .0060 g/acf · Wet/dry bag house × Water · 4000 psi water pump powered by the same engine · Electric clutch with on/off control and low water automatic shut-down · 225 gallon poly water tank plumbed to high pressure pump · 50 feet of high pressure hose rated at 4000 psi · Manual locking hose reel · 5 foot roto wand and control handle · 3 foot variable nozzle wand for clean up · 33 feet of 3-inch smooth bore rubber light weight suction hose (industrial rated) · Two 3-inch light weight dielectric suction wands (one 4ft and one 6ft) · Emulsifier gun that combines high pressure water and vacuum for a one man operation (bores 6-inch diameter hole) · 15 gallon semi-automatic antifreeze system × Debris Tank · Skid mounted 500 gallon capacity with hydraulic dump · Full open rear door · Quick open rear door - 15 seconds to open/15 seconds to close · UHMW tank liner on bottom of debris tank · Brass 6-inch~ rear discharge valve with dust cap THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 4 Bid Specifications Continued .... · Large 6iinch stainless steel portable shut-off (stops vacuum when debris tank is full) · Brass 6-inch rear discharge valve · 6-inch stainless steel portal shut-off in top of vacuum tank · 6-inch amber strobe with remote or~offcontrol mounted top rear of vacuum tank · Two adjustable halogen work lights mounted at rear of tank · Empty weight of 3,500 lbs without trailer X Trailer · Empty weight 3475 pounds · Dual "DEXTER" easy lube axles rated at 10,000 pounds each (dual tires) · GVWR at 14,000 · 5 foot by 15 foot 3/16-inch diamond plated steel deck · 3-inch pintle hitch · Electric brakes on both axles, with safety break away · Eight - LT235/85R16 tires and eight lug wheels · 10,000 pound jack stand with spring loaded foot and extended side crank handle · Under trailer suction hose storage · Two DOT safety cones with lockable stand X Paint · All steel components to be sand blasted, primed with two coats of 2-part epoxy primer and two top coats of polyurethane in the color Safety Yellow X Warranty · One year warranty parts and labor X Training · Full day of operator and technician training to be done by a factory trained representative · Follow up visit four to six weeks after the City has taken delivery X Delivery · Vacuum is to be delivered to: Public Works Department 222 N.E. 9~ Avenue Boynton Beach, F1 33435 Attn: Bob Lee THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ) · SS COUNTY OF PALM BEACH ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein bid will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. NAME dSIGNATURE Sworn and subscribed before me this 22 day of AUGUST ,20 02 Printed Information: FELIX OENMON NAME VICE PRESIDENT NOTARY PUBLIC, State of Florida SOUTHERN SEWER EQUIPMENT SALES at Large COMPANY i "OFFICIAL NOTARY SEAL" STAMP THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 18 CONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official pan of your bid response. ( ) AMERICAN INDLqN ( ) ASIAN ( ) BLACK ( ) HISPANIC (X) WOMEN ( ) OTHER (specify) Do you possess a Certification qualifying your business as a "Minority Owned Business"? YES X NO If YES, name the Organization fi.om which this certification was obtained and date: STATE OF FLORIDA PALM BEACH COUNTY Issuing Organization for Certification STATE OF FLORIDA PALM BEACH COUNTY NOVEMBER 20,2001 DECEMBER 7,1999 Date of Certification DATE OF CERTIFICATION THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL 19 CONFIRMATION OF DRUG-FREE WORKPLACE IDENTICAL TIE BIDS Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug- free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. ndor's Signature ~'- FELIX DENMON THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 2O VII.-CONSENT AGENDA ITEM B.2. CITY OF BOYNTON BEA AGENDA ITEM REQUEST 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 [] December 3, 2002 November 18, 2002 (Noon) [] February 4, 2003 January 21, 2003 (Noon) [] December 17, 2002 December 2, 2002 (Noon) [] February 18, 2003 February 3, 2003 (Noon) [] January 7, 2003 December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003 (Noon) [] January 21, 2003 January 6, 2003 (Noon.) [] March 18,. 2003 March 3, 2003 (Noon) [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfinished Business _~ [] Announcement [] Presentation c-~ ': [] City Manager's Report ,-~ RECOMMENDATION: Motion to approve the FOUR-YEAR LEASE OF A SPECTRUM 5-SERIES FOLDING AND INSERTING SYSTEM from PITNEY BOWES utilizing FLORIDA STATE CONTRACT #600-760-00-1 at a monthly cost of $789.00. ~ EXPLANATION: The City has a lease with Xerox Corporation for the lease of a Xerox 4850 printer, which is used by Utilities-Customer Services to print the utility billings. Included within this lease is a Neopost Folder/Inserter ¥6r folding the utility billings, and inserting the billings into envelopes for mailing. Utilities-Customer Services has experienced continual problems with the existing folder/inserter that has caused downtime and delays in processing of utility billings. Xerox Corporation and Neopost have worked with the City in an attempt to correct the problem (including replacing the equipment), but the folder/inserter continues to breakdown since it is refurbished equipment. It is the decision of Utilities Department to seek another source for the folder/inserter. Pitney Bowes offers a Spectrum 5-Series Folder/Inserter with maintenance on a four-year lease for $789.00 per month. This system will be installed effective February 1, 2003. At the same time Procurement Services is working with Xerox Corporation to adjust the monthly lease for the Xerox 4850 by $410.00, which is the amount identified for the lease of the Neopost Folder/inserter, and $171.33 to Neopost for the monthly maintenance of the equipment. Due to the continual problems with the folder/printer Xerox Corporation has been receptive to this adjustment as part of their "Total Customer Satisfaction" program. PROGRAM IMPACT: This will reduce downtime in processing of utility billings. FISCAL IMPACT: The monthly lease of $789 for the Pitney Bowes folder/inserter system will be at an additional cost of $2,492.04 annually, but considering the equipment downtime and delays in processing of utility billings the added cost can be justified. The lease for the folder/printer will become effective February 1, 2003 and is allocated as follows: Account Descriptioq Account Number Amount Rentals and Leases ' 401-2825-536-44-31 $ 6,312.00 (balance of FY) S:~BULLETIN~ORMSLa~GENDA ITEM REQUEST FORMDOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Deputy Director of Financial Services City Manager's Signature Procurement Services ,~ Department Name City Attorney / Finance / Human Resources S:~BULLETIN~ORMS'~AGENDA ITEM REQUEST FORM.DOC MEMORANDUM ~[ ~ ~ ~ 1 V ~ UTILITIES DEPARTMENT NO. 02-192 DEC ~ 3 2~ PROCUREMENT SERVICES TO: Bill Atkins~uty Director of Financial Services t~ ,~ FROM: Peter Mazzella, Deputy Director, Utilities Department DATE: December 11, 2002 SUBJECT: Agenda Item - Replacement of Neopost Folder/Inserter with Pitney Bowes unit Florida State Contract no. 600-760-00-1 The attached memorandum from Anthony Penn details the ongoing problems that we have been experiencing with the leased Neopost Folder/Inserter. If you will recall, this piece of equipment was furnished as part of a lease agreement for the Xerox 4850 printer. Although not manufactured by Xerox, we are being told that the Neopost unit is actually owned by the Xerox Corporation. Xerox is therefore fully responsible for fulfilling the provisions of the lease. As you can readily determine from Mr. Penn's memo, we are not satisfied with the continuing mechanical malfunctions of the Neopost unit. Despite repeated attempts at correcting the situation, neither Xerox nor Neopost have been able to furnish a satisfactory unit. You have already requested a credit from Xerox and the removal of the Neopost unit. That budgetary savings can now be re-directed towards a more reliable machine. My staff has researched state contracts for a suitable replacement machine, and has determined that the Pitney Bowes unit, as shown on the attachment, will meet the division's needs for utility billing and also provide some additional features that will benefit the entire City. I am therefore recommending that you will support this recommendation to piggy-back the state contract for this item, utilizing the 48-month leasing term, and forward this request to the City Commission for approval at the earliest possible date. Our goal is to have the Neopost unit replaced with a more reliable machine by February 1, 2003. Please note that the net additional direct cost to the City for the new Pitney-Bowes machine with expanded capabilities is on the order of $1,600 dollars per year. Given the extra man-hours it has taken to keep the Neopost operating, we will likely realize a net budgetary savings by switching to the Pitney-Bowes unit. Funds are available in account no. 401-2825-536-44-31. Please do not hesitate to contact me with any questions on this very important matter. PVM Xc: Peter Mazzella Dale Sugerman Tony Penn Barbara Conboy File RECEIVED MEMORANDUM BOYNTON BEACH UTH. tTIES TO: Peter Mazzella, Deputy Utilities Director FROM: Anthony Penn, Manager of Customer Relations DATE: December 5, 2002 SUBJECT: Folding & Inserting System Agreement number 1311119-Xerox Lease for NS4850 The Customer Relations Department is still experiencing operational problems with the original Neopost Folding and Inserting machine. The problems include jamming, tearing, incorrect folding, worn parts, need for repeated reprogramming, etc. This has resulted in repeated downtime of the machine, which has had a significant impact on our operation. The replacement machine was delivered with missing parts and never worked properly. It was confirmed by Neopost that both the original folder/inserter and the replacement machine were actually refurbished equipment. Xerox has not taken the necessary steps to resolve the problems to allow us to perform our folding and inserting activities in a satisfactory manner. We are not satisfied with the folding and inserting solution provided by Xerox. We want to exercise our right to drop this portion of the above-mentioned agreement and pursue a separate contract with Pitney Bowes, State of Florida Contract number 600-760-00-1 for a new Folding and Inserting system. Michelle Girard, Pitney Bowes Account Manager, quoted the monthly fee would be $710 to $769 per month ($410 per month is currently being paid to Xerox for the Neopost lease-portion of the agreement and $2,056 per year to Neopost for maintenance). She will provide the exact monthly fee by Friday, December 6, 2002. The fee will include shipping, installation, training, preventative maintenance and disaster recovery assistance. Monies are available in the budget and would have to be transferred once an account is established. The State of Florida contract number 600-760-00-1 can be reviewed at www.pb.com/states/florida. XC: Bill Atkins Barb Conboy Sam Reep File The following is a list of items and associated monthly charges for the Spectrum 5-Series Folding and' Inserting System: Monthly Quanti~, Model Description Amount 1 F530 Base Unit $300 2 F534 Sheet Feeder 240 1 F531 Insert Feeder 124 1 F532 Folding Module 105 1 F57C Training (8Hrs) 20 $789 PitneyBowes Florida Pricing 2001 (Page 2) CONTRACT NUMBER: 600-760-00-1 (EFFECTIVE: 01101101 - December 2004 sEcT,o.s Florida Pricing List (2001) Pricing Cat~tog Click on any of the products below to see their associated pricing: Product Catalop~ · Small/Low Volume Products · Low Volume Mail Systems · Medium Volume Mail Systems C O U T E N T $ ® High Volume Mail Systems About PB · Mail Center Security Find out what Pitney · Digital Mailing Systems Bowes is all about via the official PB · Systems Meters website. ® Electronic Scale Systems My Account · Accounting Systems Access personal · Tracking Systems account via the PB website. · Carder Management Systems Florida · Mail Center Plus Return to main · Folding and Inserting Systems Florida page. · Mail Openers Sales · Addressing and Printing Systems Terms & conditions on the sale of our · Rate Changes products. · Supplies Catalo§ Specific pricing & product catalog for Florida. Service CARRIER MANAGEMENT SYSTEMS Contact information to find out more on our products. TERM RENTAL WITH A~.~ SOLO PACKAGE MAINENANCE PURCHASE PRO~ING SYSTEMS Annual 2 Yr. 3 Yr. 4 Yr. Product DesXC~tion Price Maint. Mthly. Mthly. Mthly.: Include~... CPU, Modem, USB Adapter, Batch Link, $250 $180 $145 ',..~.291 SPCF UPS Online, UPS Std., USPS Std., FedEx, And Basic Trainin~ Includes: I"~ DT T http://www~pb~c~m/states/~~rida/Cata~~g/Pricing-Catal~g/F~~~~/~~rida-pricing-2~~ l_b.htm 12/10/2002 FOLDING AND INSERTING SYSTEMS TERM RENTAL WITH PURCHASE MAINENANCE Annual 2 Yr. 3 Yr. 4 Yr. Product ~)e~cription Price I Maint. Mthly. Mthly. Mthly. 3~$~ERIES INSERTERS '~ 3.SeriesTM F354 ~ Sheet $5720 $598 $307 $228 $188 ve~er 3-Series'~,~ F355 With Sheet "-4 ~$8184 $717 $428 $314 $258 And Insert Feeder 3-SeriesTM w/2 Sheet F356 Feeders and $10396 $550 $405 $333 1 Insert Feeder 3'SeriesTM F35B Operator Training (1 $165 $0 $7 $5 ~$4 Hour) SPECTRUM 5-SERIES INSERTERS F530 5'S~riesTM $8593 $11 I0 $479 $360 $300 Base UnR 5-S~ri~sTM F531 Insert $3395 $326 $207 $151 $124 Feeder F532~ Foldin~ $3170 $338 $171 $127 $105 Modul~ Cross F533 $7645 $509 $386 $280 $227 Folder F534 ~ $3735 $362 $198 $146 $120 O R & INSERTER PTIONS -",.~erface F437 Froi~560 $913 $79 $48 $35 $29 F422 ent '"-~096 $117 $59 $44 $36 Interface F424 OMR Level I Sottware $1372 $62 $43 $33 F425 OMR Level H Software $2749 $0 $86 $66 OMR. Level F426 IH Software $4126 $0 $186 $100 5-Series http://www.pb.c~m/states/~~rida/Cata~~g/Pri~ing-Cata~~g/F~.../~~rida-pricing-2~~ l__b.htm 12/10/2002 O~ ~ - $3667 $403 $199 $148 $122 Bottom-'"--.-.~ Read 5-Series OMR F504 Module - $3667 $403 '~$T99~ ..~_$148 $122 ToD Read 5-Series F57C Operator $845 $0 $38 $27 $20 Training (8 Hour~) .x~634 ?rogrammab $9175 $1509 $539 $411 $348 le Cutter 6~ 3634 3 Stacking $361 $0 $16 $11 $9 Tray k 3634 3639 Decollation $1190 $0 $54 $37 $29 ~ Module 3 ..Center 9296208 ~*~litter $913 $0 $41 $28 $22 O Modul~ 3643 3634 _~ $1007 $0 $45 $31 $24 Requires ~ F42 1 Mail Run ~ $420 $0 $19 $13 $10 F571 Assistance Non-Intelligent F420 Conveyor $329 $234 $170 $138 Interface/36 34 Intelligent Conveyor Interface/36 F421 34/3641 $9175 ~$758 $476 $349 $285 OMR Module/364 2 Collatin~ Document $272 $0k $12 $8 $7 F427 Inverter Reverse \ Accumulate $454 $0 k$20 $14 $11 F428 Kit For F534 Universal 33CS Ehecksi~ner $33 l0 $368 $1 $134 $11 l Ehecksigner $391 $0 $18 ~ $12 $9 3387 Stand Imprinter $3141 $372 $172 ~29 $107 34CS Cut Sheet Checksignerstand 7~ 338J w/Loop $552 $0 $25 $1 $13 Control Interface http://www.pb.c~m/states/~~rida/Catal~g/Pricing-Catal~g/Fl.../~~rida--pricing-2~~ l-b.htm 12/10/~002 VTI'.-CONSENT AGENDA TTEM C.1 O 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 [] December 3, 2002 November 18, 2002 (Noon) [] February 4, 2003 January 2t, 2003 (Noon) [] December 17, 2002 December 2, 2002 (Noon) [] February 18, 2003 February 3, 2003 (Noon) [] January 7, 2003 December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003 (Noon) [] January 21, 2003 January 6, 2003 (Noon.) [] March 18,. 2003 March 3, 2003 (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: ~'? Dm Resolution authorizing the release of a cash bond of $6,600.00 to ABI Companies, Inc. for the project known as Ne'~ort Place. EXPLANATION: On October 14, 2002, the Building Division sent to the Finance Department a cash bond of $6,600.00 for the completion of the permitted work at Newport Place (4735 N.W. 7th Court). The work has been completed and the Certificate of Occupancy has been issued. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATI/~None Quin~.'~r~r~e, l~-v~lo~ment Director City Manager's Signature Development Department Department Name City Attorney / Finance / Human Resources S:~BULLETIN~FORMSXAGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING A RELEASE OF CASH SURETY TO ABI COMPANIES, INC., FOR THE PROJECT KNOWN AS NEWPORT PLACE, IN THE AMOUNT OF $6,600.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on October 14, 2002, the Building Division accepted a cash surety in the amount of $6,600.00 from ABI Companies, Inc., to guarantee completion of all permitted work at Newport Place (4735 N.W. 7th Court); and WHEREAS, a final inspection has been conducted on this project, the work has been completed, 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, based upon the recommendation of staff, hereby approves the release of cash surety in the amount of $6~600.00 to ABI Companies, lnc,. for the project known as Newport Place, located at 4735 N.W. 7th Court. Section 2. That this Resolution shall become effective immediately upon passage. S:\CALRESOXLOtters of CreditLNewport Place Cash Surety Release.doc PASSED AND ADOPTED this day of January, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) S:\CALRESO~Letters of CreditXNewport Place Cash Surety Release.doc , , g cg'ion ,?,c~ut~ons .'.i; .--/ November 25, 2002. ~ .: :,. ..... ~/'~.:.;~.. City of Boynton Beach Planning & Development ',. ,. ',L~..;,2'~ :'100 E. Boynton Beach Blvd. ' ::?~.~j.j Boy,ton Beach, FL 33435 -' /':Y '-..~.~. .... . i~'i: To Whom It May Co-cern: ; .... ; The iinal i~spection$ for permit #02-1300 were completed and approved on 11/13/02 by :.'-- .... City Inspectors. Our office was notified that Lhe Cerfificale of Comp]elion was issued Noverabcr 14, 2002. As all work has been completed and signed off, AB! Companies is reque, sfiaB *.he retm-n · ' .... . .... of tl~eir Surety Check in the amounl of $6,000.00 given ~o the City of Boyn~on Beach Plannin§ & Dev¢Iopm~,n! on October 11, 2002 for the issuaace of a Temporary ......... Ccrtilicale of Comp]el:ion. " ....' If yo,, have any quasfions I can be reached at 813-289-8808. Thank yo , Robert ~ rikas · ' Sr. Project M~aager RB/ar ;~:?~.i~i~;~:: cc: ~'effHerndon, Vice President l',:.~ ' .": 4301 Ancho~ P;~,, "- ' · - , ,- ~way, Suile 400, ~,,~a, Florida 33634 '";'" Tdephone: 813.289.8808 · ~ 813.289.6~28 www. abiin¢.com · al~irnail~al~nc, com EXHIBIT "A" DEPARTMENT OF DEVELOPMENT BUILDING DIVISION MEMORANDUM NO. 02-229 TO: Diane Reese, Finance Director FROM: Don Johnson, Building Official DATE: October 14, 2002 SUBJECT: CASH BOND - NEWPORT PLACE - 4735 N.W. 7TM COURT Attached is a cashier's check for $6,600.00 from ABI Companies, Lac. This is a cash surety for Newport Place 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. DJ:rs Attachments/letter from William H. Booth ltl' and check XC: Timothy K. Large, Building Code Administrator Permit File # 02-1300 S:\Development~BUILDrNG~Building Div',Documents~Memos in Word\Cash Bonds - 2002\Cash Bond - Newport Place.doc EXHIBIT "B" Oy---~llli'.: . ,ca. ~'-~- Cashier's Check No. 2 3 6 3 7 2 Bank ~ Remitter (Purchased By) 5 Pay tt~IX THOUSAND 5H HUNDRED OOLLARS ANO O0 ~ The = or **CITY OF BOTTO~ 8EACH ~ERMIT S~n Amonio. I TH~ 0~[. D~ ~S ~FLE~E WATE~ ON T~ BACK Crow OF BOYNTON BEACH ",'. ' -:., ' 2 5 3 5 2 EXHIBIT "C" · ~ October 11 ~h, 2002 .... : . Don fohnson, Building Official :~ .~ ..'?¥,... -. ,.... ~ ~...-. City of Boynton B each ',;.~':t~ -..- ' Building Division :...., :~',r.. ./~' ' 'i~"~ : ~'. ' ,r .... Re: T~mporaz7 Certificate of Occupancy '"' · ' /'"? Dear Don, : ':*.-~- ~ $~ · · '--'" "' Due to the architect of r~cord not being available to review and ~timate the cost of work .-,,, :..~.= .,. that is not complete, plea,se accept my =slimate for tha~ work. As the qualifier for A,BI Compani~ Inc., I have rcvio~,'ed the cost to complete the installation oft. he door~ to the -- serving area and conservatively estimate that value at $6,000.00. If you have any questions or I can be of further assistance, contact me al 813-289-8808. .... .: .... Regards, .:~2-, ...... William H. Booth 0I "-" CEO/President A.BI Companies, Inc. · ,. :'. .... ~..~.~.'; .... · ' "<;~ ~'i,"" :- STATE OD' FLORIDA ?_~,.x;!. %.' ' COUNTY OD' ItlLI~BOROUGH .... ,~..~- ,:.v .. o5~,-.'. . Sworn to ~nd subscribed before m~ this __ ~ clay o.r~ 101~?~ I)y William N. 8oqrth Iii, wino iS pers(m~llv · ..... I~own C~ me or haye produc~! ~ idmUr~.al~-~/ ~ / , ~'""'~ M~ Commi~io~.~__._~.~§ ~ :.. ,IBl Com~ru'~,,nz Ine~ · 4~301 A~w~., Plaza Parkway, Suite 400, Tempo, ~orida 33634 Tdephane: 813.289.8808 * Fax: 813.289.6628 www. ab~im:.¢~., o ob~mail~abiinc, cam ':" '" ~'v,e N~. CG EXHIBIT "D" · , VII.-CONSENT AGENDA ITEM C.2. CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FO ,t 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 [] December 3, 2002 November 18, 2002 (Noon) [] February 4, 2003 January 21,2003 (Noon) [] December 17, 2002 December 2, 2002 (Noon) [] February 18, 2003 February 3, 2003 (Noon) [] January 7, 2003 December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003 (Noon) [] January 21, 2003 January 6, 2003 (Noon.) [] March 18,. 2003 March 3, 2003 (Noon) [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation ,% ~. [] City Manager's Report c~ RECOMMENDATION: 'cb ~:' Resolution authorizing the release of a cash bond of $2,200.00 to Charter Schools of Boynton Beach for the project~ow~ ~t~ the Charter Schools of Boynton Beach. cr~ ,-. EXPLANATION: On September 16, 2002, the Building Division sent to the Finance Department a cash bond of $2,200.00 for the completion of the permitted work at the Charter Schools of Boynton Beach (801 N. Congress Avenue). The work has been completed and the Certificate of Occupancy has been issued. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: None QuifiI~ ~. Gr~len~', D~velo~ment Director City Manager's Signature Development Department Department Name City Attorney / Finance / Human Resources SSBULLETIN~FORMSXAGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOY'NTON BEACH, FLORIDA, AUTHORIZING A RELEASE OF CASH SURETY TO CHARTER SCHOOLS OF BOYNTON BEACH, IN THE AMOUNT OF $2,200.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on September 16, 2002, the Building Division accepted a cash surety in the amount of $2,200.00 from Charter Schools of Boynton Beach, to guarantee completion of all permitted work at Charter Schools of Boynton Beach, located at 801 N. Congress Avenue, Suite 483; and WHEREAS, a final inspection has been conducted on this project, the work has been completed, 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, based upon the recommendation of staff, hereby approves the release of cash surety in the amount of $2,200.00 to Charter Schools of Boynton Beach for the project located at 801 N. Congress Avenue, Suite 483. Section 2. That this Resolution shall become effective immediately upon passage. S:\CA~ESO~Letters of Credit\Charter School Cash Surety Release.doc PASSED AND ADOPTED this ~ day of January, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) S:\CALRESOXLetters of Credit\Charter School Cash Surety Release.doc CHARTER SCHOOLS OF BOYNTON BEACH, INC. Specializing in Technology, Foreign Languages, and Cultural Studies www.csbb.org November 25, 2002 Mr. Don Johnson, Director Building Division- City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach 33425-0310 Re: Cash Surety for permit 02-3199 Dear Mr. Don Johnson: Pursuant to the rules for cash sure~ for certi~a~ of completion, the Charter School of Boynton Beach requests a refund of the deposit of $2,200.00 paid September 16, 2002. Pamela Owens, M.P.A. Principal 2 7 2002 EXHIBIT "A" 801 N. Congress Avenue, Store 483 Boynton Beach, FL 33426 Tel.: 561.738-2380 DEPARTMENT OF DEVELOPMENT BUILDING DIVISION MEMORANDUM NO. 02-197 Director TO: Diane Reese, Finance j~/,~ FROM: Don Johnson, Building Officia DATE: September 16, 2002 SUBJECT: CASH BOND - CHARTER SCHOOLS OF BOYNTON BEACH 801 N. CONGRESS AVENUE, SUITE 483 Attached is a Cashier's check for $2,200.00 from Charter Schools of Boynton Beach. This is a cash surety for the Charter Schools of Boynton Beach 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. DJ:rs Attachments/letter from Jose A. Obeso and check XC: Timothy K. Large, Building Code Administrator Permit File # 02-3199 S:\Development\BUILDlNGkBuilding DivkDocumc-nt~kMemos in WordkCash Bonds - 2002\Cash Bond - Charter Schools of Boyton Bch.dot EXHIBIT "B" ~*~ep 16, 2002 T~ THO~A~D T~ HUNDRED ~ARS AND O0 C~TS PAY ~ ~[~ O~ ~0~0~ ~ ~ DRAWER: Washington Mmual Bank, FA TO ORDER --- AUTHQRI~D StGNATURE OF J~u~ By Int~rat~ Paymen~ Systems Inc., Englewo~, Colorado Wells Fargo Sank LtO. N.A., Los Angeles, CA ~ C~: CI~ OF BOYNTON BEACH EXHIBIT "C" J.A.O. Date: September 16, 2002 ARCI-ITI'ECTS To: City of Boynton Beach Bldg. Dpt. & PLANNERS 100 E. Boynton Beach Blvd. Boynton Beach, Florida 33425 Re: Chatter School of Boynton Beach Boynton Beach Mall , 801 N. Congress Suite 4~3 Boynton Beach, Florida 33435 Permit No. To whom it may concern: Based on the total estimate to complete the work for the Chatter School of Boynton Beach of $8, 192.00 per visual inspection approximately 80% of the work is completed so the remaining amount pending shall be $2,000.00 which is to complete the electrical (which should be completed by 9cl 7-02) doors panic hardware installation, close holes in pantry and computer walls and install 1 ½" Fire rated door ~~,.ose A. Obeso, Architect ~'AO/ao EXHIBIT "D" 3 I00 N.W. 2nd Ave. Suite 314 Boca Raton, Florida 33431 (561) 391-4115 VII.-CONSENT AGENDA CITY OF BOYNTON BEA, ITEM C.3 AGENDA ITEM REQUEST _ _ Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetina Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 3, 2002 November 18, 2002 (Noon) [] Februa~ 4, 2003 Janum'3' 21,2003 (Noon) [] December 17, 2002 December 2, 2002 (Noon) [] February 18, 2003 February 3, 2003 (Noon) [] January 7, 2003 December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003 (Noon) [] January 21, 2003 January 6, 2003 (Noon.) [] March 18,. 2003 March 3, 2003 (Noon) [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfinished Business cra [] Announcement [] Presentation --~ [] City Manager's Report .~. RECOMMENDATION: -.a Motion to accept and authorize to execute by Resolution Consultant Agreement Form for General Engineering Services with PBS&J for Utility Relocation Design associated with Palm Beach County Engineering Project no. 97509, (Lawrence Road fi.om Gateway Blvd. to Boynton Beach Blvd.). EXPLANATION: Palm Beach County is designing improvements for the subject right-of-way that will require relocation of existing water and/or sewer mains. PBS&J is the design engineer for the roadway improvements, and is therefore in the best position to facilitate re-design of the water and sewer systems that must be relocated. As design engineer of the roadway project and the utilities relocation, they can be held fully responsible for the accuracy and integrity of the final design product. The attached agreement will establish a contractual relationship with the City of Boynton Beach for the completion of this design work. Note that the "not-to-exceed" value of the design work is under the $25,000 threshold amount required for competitive negotiations. PROGRAM IMPACT: The utility mains must be relocated to avoid conflicts within the re-designed right-of-way in order to maintain full functionality and service to our customers in that area. FISCAL IMPACT: The not-to-exceed value of this agreement is set at $24,,800, available in the Utilities Renewal and Replacement Fund. (50% water; 50% sewer) ALTERNATIVES: Contract with another engineering firm, and pay them to re-design the system and coordinate their effort with PBS&J's roadway design. S:XBULLETIN~ORMSXAGENDA [rEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM UTILITIES ~ Department Name City Attorney / Finance / Human Resources XC: Peter Mazzella (w/copy of attachments) Barbara Conboy City Attorney " File " S:~BULLETIN~FORMSLa. GENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE EXECUTION OF A CONSULTANT AGREEMENT FOR GENERAL ENGINEERING SERVICES BETWEEN THE CITY OF BOYNTON BEACH AND PBS&J FOR UTILITY RELOCATION DESIGN ASSOCIATED WITH PALM BEACH COUNTY ENGINEERING PROJECT NO. 97509 (LAWRENCE ROAD FROM GATEWAY BLVD., TO BOYNTON BEACH BLVD.); AND PROVDING AN EFFECTIVE DATE. WHEREAS, Palm Beach County is designing improvements for the subject right- of-way that will require relocation of existing water and/or sewer mains, and have retained the services of PBS&J as the design engineer for the roadway improvements; and WHEREAS, the City utility mains must be relocated to avoid conflicts within the re- designed fight-of-way in order to maintain full functionality and service to our customers in that area, it is the recommendation of staff that the City enter into a contractual relationship with PBS&J for the completion of this design work. 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 does hereby authorize and direct execution of a Consultant Agreement with PBS&J for Utility Relocation Design associated with Palm Beach County Engineering Project No. 97509, a copy of which Agreement is attached hereto. Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this~ day of January, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk S:\CA\RESO~a, greements\Consultant - PBS&J.doc CONSULTANT AGREEMENT FORM GENERAL ENGINEERING SERVICES THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and PBS&J., hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinai~er specified. 1. PROJECT DESIGNATION. The Consultant is retained by the City to perform Utility Relocation Design services in connection with the project designated Lawrence Road Roadway Improvements from Gateway Blvd. to Boynton Beach Blvd., (in conjunction with Palm Beach County Engineering Project no. 97509). 2. SCOPE OF SERVICES. Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. 3. TIME FOR PERFORMANCE. Work under this contract shall commence upon the giving of written notice by the City to the Consultant to proceed. Consultant shall perform all services and provide all work product required pursuant to this agreement within (60) days from the date written notice is given to proceed, unless an extension of such time is granted in writing by the City. 4. PAYMENT. The Consultant shall be paid by the City for completed work and for services- rendered under this agreement as follows: a. Payment for the work provided by Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to Consultant shall not exceed $24,800 without express written modification of the agreement signed by the City. b. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for project completed to date. Such vouchers will be checked by the City, and upon approval thereof, payment will be made to the Consultant in the amount approved. c. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City a~er the completion of the work under this agreement and its acceptance by the City. d. Payment as provided in this section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. e. The Consultant's records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years a~er final payments. Copies shall be made available upon request. CA-I 5. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Consultant's endeavors. 6. COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated by this service agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. 7. INDEMNIFICATION. Consultant shall indemnify and hold harmless the City, its officers and employees, from and against any and all losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury or death to personsor damage to property caused by a negligent act, omission or failure of the Consultant. 8. INSURANCE. The Consultant shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of $1,000,000. Said general liability policy shall name the City of Boynton Beach as an additional insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. 9. INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Consultant nor any employee of Consultant 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 Consultant, or any employee of Consultant. 10. COVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, git~s, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, git~, or contingent fee. CA-2 11. DISCRIMINATION PROHIBITED. The Consultant, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 12. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this agreement without the express written consent of the City. 13. NON-WAIVER. Waiver by the City of any provision of this agreement or any time limitation provided for in this agreement shall not constitute a waiver of any other provision. 14. TERMINATION. a. The City reserves the right to terminate this agreement at any time by giving ten (I0) days written notice to the Consultant. b. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this agreement between surviving members of the Consultant and the City, if the City so chooses. 15. DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be - adjudicated within the courts of Florida. Further, this agreement shall be construed under Florida Law. 16. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Attn: Peter Mazzella, Utilities Department Notices to Consultant shall be sent to the following address: Mr. Douglas Norris, P.E. Program Manager PBS&J 3230 Commerce Place, Ste. A West Palm Beach, FL 33407 CA-3 INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Consultant. DATED this ~ day of 20__. CITY OF BOYNTON BEACH City Manager Consultant Attest/Authenticated: Title City Clerk (Corporate Seal) Approved as to Form: Attest/Authenticated: Office of the City Attorney Secretary Rev. t/22/91 CA4 Exhibit A Lawrence Road Water and Sewer Utility Relocations Scope of Work Project Number 140483 Project Description - The project involves City of Boynton Beach utility relocations on Lawrence Road located from Boynton Beach Boulevard to just north of the L-22 canal. The County is reconstructing this roadway and the City has several water and sewer lines to be relocated within the project length. The attached fee schedule is based upon the scope of services below and the attached relocation schedule. Task 1 Project Control Task 1.1 Pr0iect Meetings PBS&J anticipates holding two design review meetings with the County. Task 1.2 Design Reviews PBS&J will provide the Plans and Specifications at 50% and 100% design for review by the County. Design review meetings will be held approximately one week after each submittal. Task 2 Design Task 2.1 Plans and Specifications PBS&J will prepare plans and technical specifications for the project in accordance with Palm Beach County's requirements. It is anticipated that the existing plan and profile sheets already prepared will serve as the background for the water and sewer utility relocation plan sheets. Based on the information provided, it is anticipated that horizontal relocations of the force main will be required at three of the drainage structures as well as approximately 1,000 linear feet from Station 284+00 to Station 294+20. A profile will be prepared for this 1,000 linear feet of force main and will be included on the applicable plan sheets. Additionally, based on the information provided, it is anticipated that there are 17 vertical conflicts for the water main and 7 vertical conflicts for the force main. Details will be provided for each of these locations showing the required adjustments to the water and sewer utilities. Required details and construction notes will also be provided. Task 2.2 Construction Cost Estimate PBS&J will prepare an estimate of probable project costs with the 100% design submittal. Exhibit A Page 1 \\Miami~SYS2\Env\Wm\PROPOSAL\west palm beach\Lawrence road exhibit a.doc Exhibit A Lawrence Road Water and Sewer Utility Relocations Scope of Work Project Number 140483 Assumptions and Exceptions The scope is based on the 96% submittal plans and the information provided on these plans pertaining to locations and elevations of proposed and existing utilities. If there are any changes to the proposed and/or existing utility information, this scope of work and fee is subject to revision based on additional relocation work not listed above. The water line at the L-22 canal does not involve any revisions to the bridge plans or spanning of the canal. · Relocation and/or adjustment of gravity sanitary sewers is not included in this proposal. The information provided on the plans does not provide enough information to determine if there are conflicts with the gravity sanitary sewer system. · The plans show the existing 8-inch force main terminating at STA 306+67. Therefore, no force main conflicts are included north of this station. · No work north of Station 310+50 is included. · Conflict with associated with new bridge are not included with this scope of work. Exhibit A Page 2 \~Miami~SYS2\Env\Wm\PROPOSAL\west palm beach\Lawrence road exhibit a.doc VII.-CONSENT AGENDA ITEM C.4. 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 C~¢rk's Office Meeting Dates in to City Clerk's Office [] December 3. 2002 November 18, 2002 (Noon) [] February 4, 2003 January 21,2003 (Noonl [] December 17, 2002 December 2, 2002 (Noon) [] February 18.2003 February 3, 2003 (Noon} [] January 7, 2003 December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003 (Noon) [] January 21. 2003 January 6, 2003 (Noon.) [] March 18, 2003 March 3, 2003 (Noont [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfmished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: · Motion to approve and authorize signing of Task Order no. 19 with CH2MHill for the task designing and constructing a Stormwater Diversion from Seacrest Blvd. to the East Water Treatment Plant Retention Area. EXPLANATION: Groundwater monitoring data from the City's eastern weilfield (located in the vicinity of Woolbright Road and 1-95) has raised questions regarding the long-term sustainability of that wellfield. The saltwater interface deep within the aquifer must be closely monitored, and concerns regarding landward movement of this interface have caused the South Florida Water Management District to limit the allowed withdrawal from the wellfield. This project will combat saltwater intrusion by increasing the freshwater recharge to that area by diverting stormwater from the Seacrest Blvd. drainage system into an existing dry retention area located at the East Water Treatment Plant. A side benefit of this project will be to reduce nutrient and freshwater impacts into the Lake Worth Lagoon. The Task Order involves the design, modeling, permitting and construction of the interconnecting and diversion structures from the Seacrest Blvd. Stormwater system. Tasks 1-5, 7 & 8 will be completed and paid as lump sum tasks. Tasks 6,9 & 10, however, have denoted "not-to-exceed" limits, for the scope of work cannot be determined at this time due to variable regulatory requirements. The "not-to-exceed" values are therefore upper limits, and the City will only be billed for the actual time and materials expended. Also note that item 9 also includes the actual construction of the improvements, using an independent contractor to be selected by CH2MHill from among local, qualified contractors. The S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC O CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM City will only be charged for actual cost of construction, plus a 10% administrative fee to cover administrative costs, liability and insurance, as specified in the contract with CH2MHili. PROGRAM IMPACT: Our goal is to have the project completed by the beginning of the next rainy season, so as to maximize groundwater recharge. Such recharge will have a positive impact on the continued operation of the East Wellfield. FISCAL IMPACT: The total upper limit cost of this Task Order is $190,150. Funds exceeding this amount are available in the Utility General Reserve Fund. (Acct. no. 403-5000-590-96-07; STM025) ALTERNATIVES: Do not implement this project, and risk additional saltwater intrusion, and additional regulatory restraints for the East Weilfield. .... __2_' Department Hea~s Signature ignature UTILITIES Deparxment Name City Attorney / Finance / Human Resources XC: Peter Mazzella (w/copy of attachment) Barbara Conboy File S:\BULLETIN\FORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING EXECUTION OF TASK ORDER NO. 19 FOR CH2M HILL, INC., FOR THE TASK OF DESIGNING AND CONSTRUCTING A STORMWATER DIVERSION FROM SEACREST BLVD., TO THE EAST WATER TREATMENT PLANT RETENTION AREA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, task order No. 19 is for the task of designing and constructing a stormwater diversion from Seacrest Blvd., to the East Water Treatment Plant retention area; and WHEREAS, groundwater monitoring date from the City's eastern wellfield has raised questions regarding the long-term sustainability of that wellfield; and WHEREAS, the saltwater interface deep within the aquifer must be closeiy monitored, and concerns regarding landward movement of this interface have caused the South Florida Water Management District to limit the allowed withdrawal from the wellfield; and WHEREAS, this project will combat saltwater intrusion by increasing the freshwater recharge to that area by diverting stormwater from the Seacrest Blvd., drainage system into an existing dry retention area located at the East Water Treatment Plant, which will also reduce nutrient and freshwater impacts in the Lake Worth Lagoon; WItEREAS, the City Commission, upon staff's recommendation, has deemed it appropriate, and in the best interests of the public, to approve Task Order No. 19 for CH2M Hill., for the task of designing and constructing a Stormwater Diversion from Seacrest Blvd., to the East Water Treatment Plant Retention Area. S:\CA\RESO\Agreements\Task . Change Orders\CH2M Hill Task order - ,30 19~oc 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 and direct the approval and execution of Task Order 19 for CH2M Hill, for the task of designing and constructing a Stormwater Diversion from Seacrest Blvd., to the East Water Treatment Plant Retention Area. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of January, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk S:~CA\RESO~greements~Task - Change Orders\CH2M Hill Task order - no 19,doc Task Order No. 19 Design - Build Services to Construct a Stormwater Diversion from Seacrest Boulevard to the East Water Treatment Plant Retention Pond A. BACKGROUND Saltwater intrusion in the groundwater has increased in the vicinity of the City of Boynton Beach's (City) East Water Treatment Plant (EWTP) located at the intersection of Woolbright Road and Seacrest Boulevard The City is in the process of identifying measures that can be implemented to help reduce further saltwater intrusion. Diverting stormwater from the Seacrest Boulevard drainage system into the dry retention pond at the EWTP is one measure that has been selected for implementation. The diversion of stormwater will increase groundwater recharge and reduce the amount of stormwater discharged to tide, thus supplementing groundwater levels and improving the quality of the surface water in the Intracoastal Water Way (ICWW). The drainage system along Seacrest Boulevard and Woolbright Road is owned and operated by Palm Beach County (County) and consists of a 48- inch-diameter elliptical reinforced concrete pipe that runs along the eastern side of Seacrest Boulevard The County will allow and has demonstrated enthusiasm regarding diverting stormwater from Seacrest Boulevard into the retention pond at the EWTP provided the County's hydraulic criteria are met. SFWMD will also have jurisdiction for the project, and a modification of the EWTP Environmental Resource Permit (ERP) will be required to construct the stormwater diversion. The City has requested CH2M HILL provide the following services for the stormwater diversion project: · Data gathering, · Engineering analysis and design · Permit processing, · Construction of the diversion structure and associated piping Construction administration. B. Scope of Work Task 1 - Kick-Off Meeting and Site Visit Prior to initiating work on the project, CH2M I-lil.l. will meet with the City to define the objectives of the project. A site visit of the project area will be conducted. Task 2 - Data Collection This task will consist, of collecting the following data: 1 Drainage calculations and design plans for the Seacrest Boulevard drainage system from the County or SFWMD files, · Record drawings of the Seacrest Boulevard drainage system Palm Beach County. If record drawings are not available, the required site information will be obtained from a separate survey and will be considered additional services · Rainfall gage data from the EWTP. Task 3 - Surve:~ Additional survey data for Seacrest Boulevard and the EWTP will be required to design the stormwater diversion. The new survey data will augment the existing survey data for the EWTP and Seacrest Boulevard The following survey data will be obtained: · Sufficient spot elevations (approximately 12) along the top of bank of the retention pond to define the top of bank elevation and location of the retention pond top of bank. · Two cross-sections through the retention pond. The elevation of sediment shall be obtained if sediment is present at each survey point. The cross-sections shall include the following: top of bank, toe of slope, a minimum of six spot elevations along the pond bottom to define the pond bottom. · Ten (10) additional spot elevations at the southeast portion of the nature preserve located south of the retention pond to define the slope of the land. · Any additional survey to provide a complete topographic survey of the physical features including known, existing utilities (horizontal & vertical location) from the Seacrest Boulevard centerline to the retention pond in the area where the diversion will be constructed. · Pipe inverts, pipe size, and grate elevations of the drainage system for the EWTP. A proposal from Caulfield & Wheeler, Inc., (survey subconsultant) is provided in Attachment A to gather the required site information. Task 4 - Geotechnical Investigation A geotechnical investigation consisting of one Standard Penetration Test (SPT), one percolation test, one infiltration test, one trench test, and one double ring infiltration test will be performed within the existing retention pond to obtain the following information needed to develop the conceptual design: · An estimate of the season high water table elevation at the project site, · An estimate the infiltration rate for the existing retention pond, and · The following hydraulic parameters of the water table aquifer for the draw-down analysis (see Task 6). · horizontal and vertical hydraulic permeability · porosity, and · depth to the bottom of the water table aquifer. A proposal from The Testing Lab of the Palm Beach, Inc. (geotechnical subconsultant) is provided in Attachment A to collect the required site information. 2 Task 5 - Pre-Application Meetings Pre-application meetings will be held with Palm Beach County and SFWMD to document the regulatory criteria for the project. Task 6 - Hydrologic/Hydraulic Modeling and Report Hydrologic/hydraulic (H&H) modeling will be performed to meet the following project objectives: develop the conceptual design for the stormwater diversion, · demonstrate that the regulatory criteria of the County and SFWMD are met, and · determine if the desired Flood Protection Level of Service (LOS) (based on the City's Stormwater Master Plan and the site development plan for the EWTP) is maintained at the EWTP. A description of the H&H modeling to be performed is provided below: 3-Year, 24-Hour Storm Event Palm Beach County requires the 3-year, 24- hour storm event be modeled to demonstrate that the hydraulic grade line is one (1) foot below the grate elevation of the existing catch basins along Seacrest Boulevard 10-Year, 24-Hour Storm Event The 10-year, 24-hour storm event will be modeled to verify that the LOS for the EWTP drainage system is maintained after the stormwater diversion is constructed. The model will include the EWTP stormwater pipe and swale system. 25-Year, 72-Hour Storm Event Palm Beach County also requires the 25-year, 72-hour storm event be modeled to demonstrate that the peak stage is below the edge of pavement of the outside lanes along Seacrest Boulevard. SFWMD will require the following analyses be performed to demonstrate that their regulatory criteria is met: · model the 25-year, 72-hour storm event to demonstrate that the runoff is retained onsite and that the offsite peak stage is not increased. · perform a drawdown analysis to calculate the time for the water level in the retention pond to recede to the control elevation following the 25-year, 72-hour storm event. Average Year Rainfall Analysis A water budget model (PONDs) will be used to simulate the fluctuation of the water level in the retention pond with the stormwater diversion. An average year of rainfall for the Boynton Beach area will be used in the water budget model. 3 A brief prelimin, ary design report will be prepared that contains the following information: · Summarize the results of the H&H modeling, · A description of the conceptual design, · A sketch of the control structure for the diversion, and · A preliminary opinion of probable construction cost. Schedule of implementation Three copies of the report (summarizing data gathered in Tasks I through 6) will be submitted to the City for review and comment. CH2M HILL will meet with the City to discuss the report. Task 7 - Construction Plans Sixty (60) percent and 100% construction plans will be prepared for the conceptual design developed in Task 6. Minor specifications will be incorporated on the drawings referencing Florida Department of Transportation (FDOT) materials and methods. A final opinion of probable construction cost will be prepared for the 100% construction plans. Three sets of 60% plans will be submitted to the City for review and comment. CH2M HILL will meet with the City to discuss the plans. CH2M HILL will proceed with the preparation of 100% bid documents after the review comments are received from the City on the 60% plans. Three sets of the 100% plans will be submitted to the City for review and comment. CH2M HILL will meet with the City to discuss the plans. It is anticipated that the construction plans will consist of the following sheets: · Title sheet, · One plan and profile sheet for the diverSion, · One detail sheet for the diversion control structure, oil water separator, and appurtenances, and · Soil borings. Task 8 - Permit Processin~ A permit from the County and a modification of the SFWMD Environmental Resource Permit (ERP) will be required to construct the stormwater diverSion. The permit processing task will consist of the following items: · Submit a permit application to the County for the construction of the stormwater diversion, · Submit an application to SFWMD for the modification of the EWTP Environmental Resource Permit (ERP), and · Prepare one response for request for additional information (RAI) from the County and SFWMD. The applications submitted to the County and SFWMD will include runoff calculations, a mounding (draw-down) analysis of the retention pond, a pre-post analysis of the drainage basin (Seacrest Boulevard) draining into the retention pond, and construction plans. For the purpose of scheduling, it is assumed that the permit modification will be received within 6 weeks from the 4 submittal of the final RAI response. The exact duration of the permitting process is beyond the control of CH2M HILL. The City will be responsible for payment of all permit application fees. Task 9 - Construction CH2M HILL will obtain construction estimates from at least three qualified contractors. Prior to obtaining cost estimates, CH2M HILL will review proposed contractors with the City to gain concurrence. Upon review and approval of a final construction cost with the City, CH2M I-tILL will subcontract with the selected utility contractor for installation of the designed improvements. The subcontractor will be bound contractually to CI-I2M HO J., however, will satisfy minimum insurance requirements established by the City. CH2M HILL will conduct a preconstruction meeting with the City and the subcontractor where the construction sequence, reporting responsibilities, and project close out will be discussed. The subcontractor will provide the following: · Maintenance of Traffic · Runoff control · All Required materials and labor to complete the project · Certified elevations of control structure, piping, and discharge structure · Surface restoration activities At the time of this task order preparation, the construction cost has been estimated using assumed information and quantities. The construction cost associated with this task will be a direct pass through to the City with an administrative fee of 10% applied to cover administrative costs, insurance, the time value of money, and the associated warranty. This element will be structured as a cost-plus 10% task and the actual costs and markup can not be determined until the design is complete. For the purpose of this task order, We have conservatively assumed a construction cost of $93,000 with an associated administrative fee of $9,300. A copy of the construction estimate is included in Attachment A. Contractual conditions necessary to administer the construction phase of this project are included in Attachment B. The supplemental conditions will only pertain to Task 9 of Task Order 19. Task 10 - Construction Administration and Pro, iect Close Out Construction administration will be performed for the construction of the diversion and conveyance structures and will consist of the following services: · Review and negotiate proposed construction cost estimate with City · Full time construction observation during the construction duration (assumed 2 weeks) · Final project review and walk through with City · Review shop drawings · Preparation of record drawings certified by a Professional Engineer in the state of Florida · Certification to SFWMD based on record drawings Following the cpmpletion of the project, CH2M HILL will provide project close out documentation including final punch list resolution, a release of lien, and certification and warranty. C. Assumptions 1. The scope of services is based on the assumption that sufficient hydrologic/hydraulic information is readily available from the design of the Seacrest Boulevard drainage system to calculate runoff hydrographs required for the design and permitting of the diversion. This information would include the Seacrest Boulevard drainage area and sub-basins, hydrologic parameters (i.e. curve numbers and time of concentration), and a hydraulic model of the Seacrest Boulevard drainage system. If this information is not available, it can be generated as part of additional services. 2. Diverting stormwater from Seacrest Boulevard onto the EWTP site will lower the current LOS for the site as surface storage will be consumed more rapidly. If it is determined that the resulting LOS is insufficient, additional drainage features can be provided to maintain or increase the LOS as additional services to this Task Order. 3. The City property line and the County ROW line are accurate as shown on the previous survey of the EWTP site. Therefore a boundary survey is not required. 4. An electronic file of the previous survey obtained for EWTP is readily available in AutoCAD format. D. Contract Reference This task order shall be performed under the terms and conditions described within the Agreement for General Engineering Consulting Services dated October 4, 2000, between the City of Boynton Beach and CH2M HILL, Inc. E. Compensation Compensation by the City to the Consultant for services provided in this Task Order will be based on a lump sum basis for Tasks 1, 2, 3, 4, 5, 7, and 8 ($37,710). For Task 6, compensation will be on a time and material basis (due to uncertainties in modeling requirements) with a maximum fee of $32,940. For Task 9, compensation will be based on a negotiated construction cost plus 10% fee (not to exceed $102,300). Finally, Task 10 will be performed on a time and materials basis due to an uncertain construction duration period for a fee not to exceed $17,200. The total compensation for the services described in this Task Order shall not exceed $190,150 without prior written notification from the City. A breakout of the estimated labor hours for each task is presented in Table 1 below. TABLE 1 - PROJECT-FEE BY TASK Labor Labor Cost Expense Total Hours Cost Task 1- Kick-off Meeting and 19 $2,095 $125 $2,220 Site Visit Task 2- Data collection 63 $5,165 $470 $5,635 Task 3- Survey 18 $1,670 $3,250~ $4,920 Task 4- Geotech. Investigation 19 $1,700 $4,750~ $6,450 Task 5- Pre-Application Mtg. 14 $1,710 $125 $1,835 Task 6- H&H Modeling & 336 $29,990 $2,950 $32,940 Report Task 7- Construction Plans 84 $7,215 $750 $7,965 Task 8- Permit Processing 112 $7,685 1,000 $8,685 Task 9- Construction $102,300 $102,300 Task 10- Construction Admin. 188 $16,700 $500 $17,200 and Project Close Out Project Totals 853 $73,930 $116,220 $190~150 Attachment A includes the following information: · Scope of services and fee for Caulfield Wheeler, Inc to perform the surveying, and · Scope of services and fee for Testing Lab of the Palm Beaches to perform the geotechnical investigation. · Cost estimate to implement the proposed stormwater diversion structure, piping, and appurtenances. Attachment B includes supplemental contractual conditions necessary to administer the construction phase of this project. The conditions pertain to Task 9 of Task Order 19. F. Schedule The CONSULTANT will commence services upon receipt of written AU'I~ORIT. ATION and will complete all work associated with this Task Order 19 within 20 weeks from the receipt of AUTHORIZATION. A schedule of Phase I is present as Exhibit 2 of this Task Order. Includes $250 expenses associated with CH2M HILL labor (computer, communications, and travel) Includes $250 expenses associated with CH2M HILL labor (computer, communications, and travel) 7 APPROVED BY: CITY OF BOYNTON BEACH, FLORIDA By: Mayor Gerald Broening Dated this __ day of ,2002. SUBMITTED BY: CH2M HILL, INC. ,~ce Pres~ent, Area Manager Dated this ~ day of ~Lq,_~t2 , 2002. ATTACHMENT A mmmm mm m RE~ O~~ E~m~ E~'s X~sb ~ O~ S~~ 3 om (I) In~ ~ I Griifl S~ A~ymb Irttt. D ~f. XPLORATION $ 250.00 Mobilization of ~ and Pormonn01 Utility C;Immn~ CaovdimOon 4 Ifa O$60/br. S 240.00 ! - 20' Stnmhurd Pcncttation Tent Borin~ ! ~tlon test One ~ S3OO.OO s 3OO.OO I D~mbJo rjJ~ iJlflJ~itJ~ I~l OM · S450.00 $ 450.00 I Trmch Icmt OM ~ Si000.00 S ]000,oo PROPEBSIONAL ENGINEERING IERVIGES THROUGHOUT ~OUTH FLORIDA SINCE 1061 All fas are based p ' . . . ~ -- ' ~o ~ · -- S~.. T~INO LAB OF J~m Adair, ri C~M H~ P~ge 2 - Octotmr l&, 2002 S Surv~ Crmv ................ ~4,iou, j r-,nd surd/or.:: ................................................... S ] ~ ~.~. U~ ~ p~ ........ · ........................... · ....................... S~.~. ~~e ~i~...: . c~=~~'"'-': ...................................... s~,~. ~ ......................................................... sso.~. ..................................................................................... : .... so.~/,.~. O~~ ~~IONS · ~ .... ' .. . ~ Y ~ P~) s~ ~ ~d~ by Caulfl~d &' ~ u~ ~ p~mt ~s ~o ~ ~a Climt's ~t of ~e ~~ a ~ ~S~ o~ ~t (1%) ~ ~ ~ ~ ~p~d ~e. Stem ~t p~ ~ ~ dt~ ofb d~e of~ ~~ ~1 b d~ ~i~u~t. Upon ~ ~t ~~f ~1~ Ca,eld & ~1~, ~. may: ~n hvn not ~ ~ ~ ~E~ ~ ~s ~e~t ~ ~1 ~1~ ~ ~, ~, p~s, ~, c~c~o~ p~ h ~ of ~ ~~ st~~ b ~am ~ ~ ~u~ of~~ of ~icu ~ ~e p~ of ~e Cli~. ~M& bl~. ~. M ~mt ~ ~ ~ ~~ ~ p~d iD.3 ¸ ~e 3 ~ Ck~b~r 16, 2002 D. I n~ cunnt mini ~ rupoMible for tho .,.~,.,--.. of ~~ ~ ~~~ r~ f~). ~~ ~ ~b ~ md t~n8 ~~.. ~ mn~ b ~ o~c ~m wig ~ ~d~ to C~ld & ~1~, ~;. ~; ~ C~ H~[ ~t ~ m~ to ~ ~j~ ~d D~ P: ~1~, P~.S. Title D~t'c c:~y Docame~~ ~st ~.do~. ~'iX ~ GEE A JENSON Toi Rick O1~ F~ NOI 9~-698~10 ~MP~i CH2 NO. PAGES~ 2 H~ ~ To Po~om ~ ~Es ~ No I . .Eaac~ ~e NOTI'~ N m Mdm~IZ . one 14Mv~d ENGINEER'S ESTIMATE OF PROBABLE COt~TRUCTION COSTS ~ ~W.T.P. ~~OU ~D'~S. S~IMI ONE H~V~D CI~ LE V~ED BY: WEST PA~ BEACH, ~ 3: PRE.MI I~Y 8iT8 WORK & DE UO~N WORK ~ 1~ I' , ~B~ ~N ' I 1 ~S $10,~.~ $10,0~.~ ._. i DE~SH & DI~SE C; OIO~A~ & [ _ ' ~ u~ ! ~P~ ~OUND C ~TC, ~N I 1 LS $2,5~.00 S2,5~.~ "102 I~USH&'DI~EOI ~D&~ESI 1 LS $1,5~.00 I ~RK ~ DE~ S~E IMPROVEMENTS ' 2~ M' DI~ER CL ill 150 LF 201 ~' MITERED END 1 202 ~O~F;CATI~ ~SlN I LS $1 .~.~ 2~ ~. & IN~ WEIR IN 1 EA 2~ ~e x ~= x ~.~ a~e~ ~. ~o 6 CY ~~E OF I LS ~TE IMPR{ FIN~ SITE TOTAL FEES FOR FINAL SITE lXX PRELIMINARY ~E WORK & DEMOLITION WORK S14,750.00 !! 2XX SI1 E IMPROVEMENTS $47,305.00 3XX NAL SITE WORK $15,251 .SC II I ' TOTAL CO$'r $T7,306.5C 20% CONTINGENCY $15,461.3C ENGINEER'S OPINION OF I ROBABLE CONSTRUCTION COSTS $92,767.80 ATTACHMENT B l0 ATTACHMENT B CONSTRUCTION SUPPLEMENT THE PARTIES AGREE THAT THE FOLLOWING TERMS AND CONDITIONS SHALL SUPPLEMENT THE TERMS AND CONDITIONS OF THE AGREEMENT FOR THIS TASK ORDER 19 WHICH REQUIRES CONSULTANT TO PERFORM CONSTRUCTION WORK. IN THE EVENT OF AMBIGUITY OR CONFLICT WITH THE TERMS AND CONDITIONS OF THE AGREEMENT, THESE PROVISIONS SHALL GOVERN. 1. Construction Obligations CONSULTANT shall furnish all supervision and labor, materials, tools, equipment, unloading, taxes, insurance and other things necessary to perform and complete the Task Order. 2. Safety CONSULTANT shall take necessary precautions for the safety of its employees on the Project, and shall comply with all applicable provisions of federal, state and municipal safety laws to prevent accidents or injury to persons on, about or adjacent to the site. CONSULTANT, directly or through its Subcontractors, shall erect and properly maintain at all times, as required by the conditions and progress of the Task Order, necessary safeguards for the protection of workers and the public. CONSULTANT, however, shall not be responsible for the elimination or abatement of safety hazards created or otherwise resulting from work at the site carried on by CITY or its employees, agents, separate contractors or tenants. CITY agrees to cause its employees, agents, separate contractors and tenants to abide by and fully adhere to all applicable provisions of federal, state and municipal safety laws and regulations. The above provision shall not relieve CONSULTANT's subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with all applicable provisions of relevant laws. 3. Warranties and Completion CONSULTANT warrants that all materials and equipment furnished under this Task Order will be new unless otherwise specified, of good quality, in conformance with the Contract Documents, and free from defective workmanship and materials. Warranties shall commence on the date of Substantial Completion of the Task Order or of a designated portion. CONSULTANT agrees to correct all construction performed under this Task Order which proves to be defective in workmanship and materials within a period of one year from the date of Substantial Completion or for such longer periods of time as may be set forth with respect to specific warranties required by the Contract Documents. Those products, equipment, systems or materials incorporated in the Task Order at the direction of or upon the specific request of CITY shall be covered exclusively by the warranty of the manufacturer. There are no warranties that extend beyond the description on the face thereof. All other warranties, express or implied, including any warranty of merchantability and any warranty of fitness for a particular purpose are expressly disclaimed. 4. Unknown Conditions If in the performance of the Work CONSULTANT finds subsurface conditions which differ from the conditions CONSULTANT reasonably anticipated (unforeseen geological conditions, buried hazardous substances, construction remnants, or archeological artifacts), then a written contract amendment will be negotiated and the work schedule shall be equitably adjusted. 5. Substantial Completion Unless a date for Substantial Completion is previously agreed, when the drawings and specifications are sufficiently complete, the parties shall establish a date of Substantial Completion and any agreed schedule shall be updated to reflect such a date. CITY and CONSULTANT recognize that time is important in the performance of this Agreement and that CITY will enjoy substantial benefit if the Task Order is completed by the Substantial Completion date set forth in any agreed schedule. CONSULTANT shall use its best efforts to complete Services pursuant to the Task Order by the Substantial Completion date. Substantial Completion of the Services, or of a designated portion, occurs on the date when construction is sufficiently complete in accordance with the Contract Documents so that CITY can occupy or utilize the Project, or a designated portion, for the use for which it is intended. 6. Liens CONSULTANT will promptly pay for all services, labor, material and equipment used or employed in performance of the Task Order and will maintain the Project free and clear of Liens arising from its work. CITY will promptly give CONSULTANT a copy of any Notice of Lien or claim received by CITY from any subcontractor or supplier engaged by CONSULTANT or any of its subcontractors prior to final payment. As requested, CONSULTANT will furnish certification that all of its obligations on the Project have been satisfied and that all claims and indebtedness have been paid. 7. Site The CITY will obtain, arrange and secure at its own expense all permits, licenses, approvals, legal or adminisu'ative orders, deposits, land, easements, fights-of-way, and access necessary for CONSULTANT to perform the Task Order. CONSULTANT may rely upon the accuracy of soils reports, subsurface investigations, legal limitations and legal descriptions, and any other information provided by CITY. CITY shall furnish such information in its possession as CONSULTANT may request and shall immediately transmit to CONSULTANT any new information and any changes in plans resulting from such information. CITY shall be responsible for the location of any installation or underground utilities. 8. Substantial Completion, Acceptance, and Final Payment 8(a). Substantial Completion CONSULTANT will notify CITY when thc construction work is substantially complete. Within 5 business days, CITY shall inspect the work and furnish a certificate of acceptance or notify CONSULTANT in writing of any work requiring completion or correction. Upon Substantial Completion, CITY shall pay CONSULTANT the unpaid balance of the Task Order price, less a sum equal to CONSULTANT's estimated cost of completing any unfinished items. Each month thereafter, CITY shall pay CONSULTANT the amount retained for unfinished items as each item is completed. 8(b). Acceptance and Final Payment Within five business days after receiving notice from CONSULTANT that the work is completed or corrected, CITY will issue a certificate of acceptance. Final payment will be due within 15 days after the certificate of acceptance is issued. CONSULTANT shall be relieved of any further responsibility for the Services under the Task Order except for reperformance pursuant to Paragraph 3 of this Construction Supplement. If CITY fails to issue such certificate or notice within the specified time, the Services under the Task Order shall be deemed to be accepted for all purposes hereunder. 8(C). Waiver of Claims Final payment shall constitute a waiver of all claims by Owner except those previously made in writing and identified by City as unsettled at the time of acceptance and those arising during the warranty period pursuant paragraph 3. Acceptance of final payment shall constitute waiver of all claims by CONSULTANT except those previously made in writing. VII.-CONSENT AGENDA ITEM C.S 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 CiP/Cle?k's Office Meeting Dates in to CiB/Clerk's Office [] December 3, 2002 November 18, 2002 (~oon) [] February 4, 2003 January 21, 2003 (Noon) [] December 17, 2002 December 2, 2002 (Noq. n) [] February 18, 2003 February 3, 2003 (Noon) [] J~m~ry 7, 2003 December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003 (Noon) [] January21,2003 January6,2003 (I4oon.) [] March l8,. 2003 March 3, 2003 (Noon) ? [] Administrative [] Development Plans NATURE OF [] Cons6nt Agenda [] New Business AGENDA ITEM [] Publi~ Hearip. g [] Legal [] Bids . ': [] Unfinished Business [] ,no ncement [] Presentation [] City l~Ianager's Report RECOMMENDATION: Approval of Resolution confirms terms and conditions set forth in our EMS grant award as approved by the Palm Beach County Division of Ernergency Medical Services. EXPLANATION: Commission approval in the form of a resolution is necessary to obtain grant funds awarded to the Fire Rescue Dept. for the purchase of 30 VHF porta.bl6, radios and the funding for our new Community Emergency Response Team (CERT) program. The radios will be utilized to provide emergency communications in the event of a major disaster as well as during training activities. Funding for 0.ur. CERT program includes the purchase of individual equipment packs and instructor fees for two CERT classes this year. PROGRAM IMPACT: ThXe purchase of these.radios'will provide an essential redundant field communication system along with an increase in our communications capacity during a disaster such as a hurricane. The implementation of the CERT program will provide a trained group of motivated citizens who will assist public safety personnel during and after a citywide disaster. This program is a nationally recognized program developed by FEMA. FISCAL IMPACT: Funding for these programs and equipment is 100%. Total grant amount is $17,780.50. Failure to approve the resolution will result in a loss of grant funding. ALTERNATIVES: Fund the radio purchases and CERT program with city funds or abandon the projects. City Manager's Signature Department Name · City Attorney / Finance / Human Resources S:~BULLETINWORMS~AGENDA ITEM REQUEST FORM.I}OC RESOLUTION NO. RO 03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOY'NTON BEACH, FLORIDA, ACCEPTING THE PALM BEACH COUNTY EMERGENCY MEDICAL SERVICE GRANT IN THE AMOUNT OF $17,780.50, PROVIDING FOR THE PURCHASE OF 30 VHF PORTABLE RADIOS, AND FUNDING OF THE NEW COMMUNITY EMERGENCY RESPONSE TEAM (CERT) PROGRAM; AUTHORIZING AND DIRECTING THE EXECUTION OF THIS GRANT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Legislature has provided for a program that makes funds available to local emergency medical services programs; and WHEREAS, the Palm Beach County Emergency Medical Services Division has made these grant funds available for the purchase of 30 VHF Portable Radios, and the funding for the new Community Emergency Response Team (CERT) program; and WHEREAS, the City Commission upon recommendation of staff, recognizes that these funds can and will be used to purchase 30 VHF portable radios and for funding for the new Community Emergency Response Team (CERT) program. 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 hereby authorizes and directs the City Manager to accept and execute the Grant, from the Palm Beach County Emergency Medical Services in the amount of $17,780.50.00. A copy of the agreement is attached hereto and made a part hereof. Section 2. This Resolution shall become effective immediately upon passage. pASSED AND ADOPTED this ~ day of January, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk November 25, 2002 Deputy Chief James Ness Boynton Beach Fire Rescue Department 100 East Boynton Beach Blvd. ~ep~,.t,.e.t o~ ~bUc sa,tv Boynton Beach, FL 33435 Division of Emergency Management omce of e~e~e,cy Meai¢~ Se~ice, Dear Deputy Chief Ness: Re: Grant C2050 20 S. Military Trail west Palm ~each. ~ 33415 The EMS Grant Review Committee has recommended your agency receive (561) 712-6400 $17,780.50 from the EMS Grant Award Program for the following items: FAX: (561) 712-6449 ~,~w~,.pt,cgov. com (30) Midland Alan Series 80-150FC Vhf 140-174 MHz 16 channel Portable to include 1,200 Mah Nickel Metal Battery, Antenna, Rapid Rate Charger, Belt Clip ~ $259.35 Total: 7,780.50 Cert Instructor expenses based on $25 per hour contract rate. Two instructors at 3.5 hrs. each per class x 16 classes Palm Beach County so.,-a of co..ty or 112 hrs. total times. 3.5 hrs. times 16 sessions Total: 2,800.00 Commissioners IKaren T. Marcus. Chair Personal Safety Equipment: goggles, flashlight, batteries, helmet, gloves, vest, polo shirt, wrench, pliers, gear bag, Tony Masilotti. Vice Chairman decals, ID tags, ID badge, medical supplies, per person jeer Koons 40 students for year ~$180.00 each Total: 7,200.00 warren H. Newell You are also carrying over from last year's grant to be paid under Grant Mary McCarty C2050 $21,000 for traffic pre-emption devices and $10,000 for your CERT Burr ^aronson Program. Addie L. Greene Since you request communi cations equipment, p lease b e s ute t o o Main permission in writing from the Director, Information Technology Program, Department of Management Services, 4050 Esplanade Way, Big. 4 030, Tallahassee, FL 3239%0950 and forward copy of approval to us. Do this County Adm~istrator before purchasing the equipment. Robert Weisman The EMS Grant was approved by the Board of Palm Beach County Commissioners at their November 21, 2002 meeting and will be forwarded to the State Bureau of EMS. Funds will be retroactive to October 1, 2002. Please follow your work plan as submitted on the application. We request a resolution and a letter of confirmation from your agency's administrator concurring with the amount of the award, activity and expenditure plans, and assurance that your agency will comply with state and county grant requirements, including reporting. Once we receive the 'An Equal Opportunity ~/~...~,~. ~o~ ~m~,toy~,. ~. reporting dates from the state, we will advise you. Page 1 of 2 ~/ pfinted on recycled paper Deputy Chief James Ness Boynton Beach Fire Rescue Department November 25, 2002 Page 2 - Re: EMS Grant C2050 We are enclosing the Expenditure Report Form, the Grant Program Activity Form, the County Grant Change Request Form, and a Request for Reimbursement Form. The first two forms are for reporting purposes, the change form is used when there is a change in the budget or activity, and the reimbursement form is sent to our off.ace when purchases have been completed and paid for. Any monies spent over the awarded amount is the responsibility of the subgrantee. Should you have any questions, please give us a call. Sincerely~--'., 7 Roboft A. l~utterfiel-d EMS Manager Div. of Emergency Management VII.-CONSENT AGENDA O CITY OF BOYNTON BEAC STEM C.6. AGENDA ITEM REQUEST FO .... Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned in MeeUng Dates in to CiW Clerk's Officq Meetina Dates to City Clerk's Office [] December 3, 2002 November 18, 2002 (Noon) [] February 4, 2003 January 21, 2003 (Noon) [] December 17, 2002 December 2, 2002 (Noon) [] February 18, 2003 February 3, 2003 (Noon) [] January 7, 2003 December 16, 2002 (Noon) [] March4, 2003 February 18, 2003 (Noon) [] January 21, 2003 January 6, 2003 (Noon.) [] March 18,. 2003 March 3, 2003 (Noon) [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfmished Business [] Announcement [] Presentation [] City Manager's Report ---: ~-~ RECOMMENDATION: Motion to revoke the License Agreement between the City of Boynton Beach and Jordan Wrecker Service (Licensee) for violation of the terms and conditions of the License Agreement. EXPLANATION: On November 20, 2001, the City Commission granted to Jordan Wrecker Service a Limited License Agreement to fence a public alley behind 905 N. Railroad Avenue (the alley located behind their business). Jordan Wrecker Service said that they wanted to fence this alley to provide security to their business due to vandals who were getting unfettered access to their prope~. The City was receptive to their need for security and it granted the License, however one of the conditions of the License was that the business could not place anything within the alley because it contained live and active utility lines running down the center of the alley. The purpose of the License was just to allow the Licensee to fence their property to enhance their security. The alleyway was not to be used, but for security purposes. In fact, Section 7e of the License Agreement specificially stipulated that there were limitations on the use of the alley. More particularly it clearly said that 'License~ agrees that it will not par~ or stor~ equipment or vehicles on tl~e licensed portion of the LIGENSED PROPERTY". (copy attached) Over the course of th6 past year, the Licensee has been storing wrecked vehicles and broken- down equipment over the alleyway. In the past, staff gave the Licensee a number of verbal S:~,BULLETiNWORMS~GENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM warnings to remove the vehicles and the equipment. In addition, Commissioner (then Vice- Mayor) Weiland spoke with the Licensee on numerous occasions to tell him that he needed to remove his vehicles and equipment from the alley because if he didn't, he would lose his License. Those repeated verbal warnings both from staff and from a Commissioner went unheeded. On October 29, 2002, in anticipation of the annual renewal of the License Agreement, another inspection was done and it was found that the Licensee continued to violate the terms of the License. He was then put on formal notice (copy attached) that he was in jeopardy of losing his License to use the public alleyway. That notice has been ignored and he continues to use the alleyway in violation of his License. Attached are copies of photographs showing the continued violation of the License Agreement. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: It does not seem that there are any reasonable alternatives at this point, other than to ignore the Licensee's violation of the License Agreement. To do so, however, would put our utility lines in jeopardy. It would also take away from the City's ability to successfully enforce the terms and conditions of any other Limited License Agreement that we might want to grant to others. Utilities Department Department Name City Attorney / Finance / Human Resources S:'~BULLETIN~FORMS'~GENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, TERMINATING THE LICENSE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND JORDAN WRECKER SERVICE, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on November 20, 2001, by Resolution No. R01-307, the City of Boynton Beach entered into a Revocable License Agreement with Jordan Wrecker Service, Inc., providing for the use of the public alley behind 905 N. Railroad Avenue; WHEREAS, Jordan Wrecker Service was allowed to fence this alley to provide security to their business due to vandals having unfettered access to their property, however one of the conditions of the granting of the License was that the business could not place anything within the alley because it contained live and active utility lines; WHEREAS, Jordan Wrecker Service has ignored repeated warnings, both verbal and written, that they were in violation of the Agreement by placing and storing wrecked vehicles and broken down equipment over the alleyway; and WHEREAS, on October 29, 2002, in anticipation of the annual renewal of the License Agreement, another inspection was done and it was found that the Licensee continued to violate the terms of the License, and they were put on formal notice that they were in jeopardy of losing this License to use the public alley, which notice was also ignored; 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 terminate the Revocable License Agreement between the City of Boynton Beach and Jordan Wrecker Service, Inc. Section 3. This Resolution shall become effective immediately upon passage. S:\CA'~RESO'~Agreements\Revocatlon of License Agreement - Jordan Wreckerdoc PASSED AND ADOPTED this ~ day of January, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner iT: Commissioner City Clerk S:\CA\RESO~,green'~ents\Revocation of License Agreement - Jorclan Wrecker.doc October 29, 2002 Mr. Bobby Robinson Jordan Wrecker Service 905 N. Industrial Avenue Boynton Beach, FlOrida 33435 RE: Violation of Revocable License Agreement Dear Mr. Robinson: For some time now, you have been storing wrecked vehicles and broken-down equipment over the dedicated road right-of-way, in violation of the Revocable Limited License Agreement (copy enclosed) granted to you by the City of Boynton Beach. I have enclosed copies of photographs taken of your property on August 22, 2002 showing the violations. In particular, I refer you to section 7e. of the Agreement, which says: '7. Limitations on Use. Licensee agrees that it will not: e. park or store equipment or vehicles on the licensed portion of the LICENSED PROPERTY." You have been storing the vehicles and equipment on the dedicated road right- of-way for a number of months now, despite verbal warnings provided to you in the past. It has now come to the point where we are puffing you on written notice that you are very close to having the Limited License Agreement revoked. I would ask that you please remove all vehicles and equipment from this right-of- way upon receipt of this letter and that you keep the same area free and clear of any obstructions now and into the future. Thank you for your attention to this matter. Should you have any questions about this correspondence, I would ask you to please contact me at the telephone number written above. America's Gate~ay to tke Gulfstream Mr. Bobby Robinson Jordan Wrecker Service Page 2 Very truly yours, CITY OF BOYNTON BEACH Dale S. Sugerman Assistant City Manager cc: Kurt BresSner, City Manager James A. Cherof, City Attorney Scott Blasie, Code Compliance Administrator RESOLUTION NO. R01- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A REVOCABLE LICENSE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH ("CITY") AND JORDAN WRECKER SERVICE, INC., ("LICENSEE") PROVIDING FOR THE USE OF THE PUBLIC ALLEY BEHIND 905 N. RAILROAD AVENUE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Jordan Wrecker Service, Inc., (Licensee) owns real property acent to a City alley right-of-way; and WHEREAS, the City is the owner of a certain dedicated road right-of-way Licensee desires to occupy and use the property within the right-of-way; and WHEREAS, upon the recommendation of staff, the City Commission of the of Boynton Beach, Flodda has deemed it appropriate to enter into an reement with Jordan Wrecker Service, Inc., providing for Licensee to use the ht-of-way, subject to the limitations and conditions contained in that Agreement, is attached to this Resolution, as Exhibit "A". NOW, THEREISORE, 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, Flodda hereby authorize and direct the Mayor and City Clerk to execute a Revocable Agreement between the City of Boynton Beach and Jordan Wrecker Inc., said Agreement being attached hereto as Exhibit "A". Section 2. This Resolution shall become effective immediately upon e. PASSED AND ADOPTED this .fl.o day of November, 2001. , Vice Mayor Commissioner ~:Reso~Agr~RevLic. Agr-Jordan Wrecker REVOCABLE LICENSE AGREEMENT THIS IS A REVOCABLE LICENSE AGREEMENT ("Agreement") between the CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation (the "City" ), and BOBBY ROBINSON, D/B/A JORDAN WRECKER SERVICE, a Florida corporation (the "Licensee"). WHEREAS, Licensee JORDAN WRECKER SERVCE owns real property adjacent to a City alley right of way; and WHEREAS, the City is presently the owner of a certain dedicated road right-of- way; and WHEREAS, the dedicated fight-of-way aforementioned is depicted on the ' attached Exhibit "A" and WHEREAS, the Licensee desires to occupy and use the property within the right- of-way adjacent to its property; and WHEREAS, the parties have agreed to enter into a Revocable License Agreement with regard to the use of the fight-of-way as set out below; NOW, THEREFORE, in consideration of the foregoing and for other good and valuable consideration, the adequacy and sufficiency of which are acknowledged, the parties agree as follows: 1. Recitals. The above recitals are tree and are incorporated into this Agreement. 2. Gram of License. City hereby grants to Licensee the revocable right, license and privilege of using the property within the right-of-way depicted on Exhibit "A" (the "property") subject to the limitations and conditions hereinafter set forth. C:'mnodow~~ABl~ LICEN~ A~ - 905 N Railroad I .dm: I 1/01/01 3. Term. The term of this License shall commence the &o day of {'qege. tlx[~e~, 2001, and shall expire ten (10) years ~om that date, with the option for two ten (10) year renewals upon agreement by both parties, unless terminated earlier as hereal~er set forth. 4. Com~ One time document preparation charge of $500.00 payable at signing. An annual license fee of $1.00 for the term of this license. 5. Access. City shall have unlimited and unrestricted access to the LICENSED PROPERTY during the term of this license to inspect, maintain, repair, improve and install utilities. City shall not be liable for any damage to personal property, f'm-tures or improvements on the LICENSED PROPERTY. 6. Use of Premises. Licensee shall use and occupy the LICENSED PROPERTY only for a clear buffer and security zone. LICENSED PROPERTY shall not be used for any other purpose by Licensee without the advance written amendment of this Agreement. 7. Limitations on Use. Licensee agrees that it will not: a. permit the LICENSED PROPERTY, without the advance written consent of the city, to be used or occupied by any person, firm, entity or corporation other than Licensee and its agents. b. permit or allow any nuisance or hazardous activity, trade or occupation to be permitted or carried on, in or upon the LICENSED PROPERTY. c. keep ia or about the LICENSED PROPE~RTY anything that will increase the risk of any hazard, fire or catastrophe, and no waste or injury or any kind C \wmdo~'a\lFaMla~VOCAllL~ Ll(21~q$1~ A~- ~ lq Raittc, ad i.dm: shall be permitted or committed upon or any damage done to the LICENSED PROPERTY. d. permit the LICENSED PROPERTY to be used or occupied in any manner which violates a_fly laws, roles, policies or regulations of any governmental entity, including City. e. park or store equipment or vehicles on the licensed portion of the LICENSED PROPERTY. 8. Assignment: Licensee shall have no authority to assign any of its rights under this Agreement during any term of this Agreement without a written amendment to this Agreement. Should Licensee attempt to assign this license, then the Licensee shall be terminated immediately, without prior notice to Licensee. 9. Damage to Premises. The Licensee shall not, by its use or occupancy, cause damage to the LICENSED PROPERTY. Licensee agrees that all personal property placed upon the LICENSED PROPERTY shall remain the property of Licensee and shall be placed upon the LICENSED PROPERTY at the risk of Licensee. Licensee shall give the City, or its designated agent, prompt written notice by certified mail, return receipt requested, or any occurrence, incident or accident occurring on the LICENSED PROPERTY. 10. Permits. (a) The licensee shall be required to obtain a permit for the installation of improvemems. Such permit will be issued atter Licensee or its contractor, submits plans to the City and such plans are accepted by the City. CSwindows\~A~l..E LICENSE A~,EEi¥~'NT - 905 N Railroad I.do~ ! 1/01/01 (b) The Licensee shall submit plans for the installation of the Improvement~ to the City at least thirty (30) days before beginning installation work and shall not install the Improvements until written approval is obtained from the City. (c.) The Licensee shall notify the City within five (5) days after installation of the Improvements have been completed. The City may required Licensee to reinstall or remove the Improvements if the Improvements do not comply with the approved plans. (d.) The City, its agents and its authorized employee may enter upon the LICENSED PROPERTY at all reasonable times and hours to examine same to determine if Licensee is property maintaining the LICENSED PROPERTY and any improvements allowed by this Agreement. 11. Indemnification. (a) Licensee shall indemnify, defend and hold harmless the City, ifs officers, agents and employees, from and against any and all claims, suits, actions, damages, liabilities, expenditures or causes of action of any kind arising directly or indirectly from this Agreement and resulting or accruing from any intentional act or any negligent act, omission or error of Licensee which in mm results in or relates to injuries to body, life, limb or property sustained in, about or upon the LICENSED PROPERTY or the Improvements or both, arising l~om the use of the LICENSED PROPERTY. (b) Licensee shall defend, at its sole cost and expense, and legal action, claim or proceeding institute by any person against the. ~City as a result of any claim, suite or cause of action accruing or in any way arising out of this Agreement for injuries to body, life, limb or property as set forth above. C:\wu~dows~VOCABLE LICENSE ~- 90~ N l~mil.,uadl.doc I I/Ol/OI (c) Licensee shall save the City harmless from and against all judgments, ~rders, decrees, attorneys' fees, costs, expenses and liabilities incurred in and about any claim, and the investigation or defense of them, which may be entered, incurred or assessed as a result of the foregoing. 12. Insurance (a) Without limiting any of the other obligations or liabilities of Licensee, Licensee shall provide, pay for and maintain in force the insurance overages set forth in this paragraph, at all times as well assure the City coverage of the protection contained in the foregoing indemnification provision undertaken by the Licensee. (b) Comprehensive general liability with minimum limits of five hundred thousand dollars ($500,000.00) per occurrence, combined single limit for body injury liability and property damage liability coverage, must be afforded and must include: (1) premises, operations or both. (2) City is to be included as an "additional named insured:. (3) Notice of Cancellation and/or Restriction - the policy(les) must be endorsed to provide City with thirty (30) days' advance written notice of cancellation or restriction. (c) Licensee shall provide the City with a copy of all insurance policies required by this paragraph showing the City has been named as an additional named insured under such policies. (d) Renewal of the insurance and provision of a copy of such renewal to the City on an annual basis is the responsibility of the Licensee. C:\windows\TI~tl~REVOCAffi. E LICEIq~a~ AGREEMENT - 905 N Railmadl.ctoc 11/~1/01 13. Maintenance and Repair of Licensed Premises. It shall be the responsibility of Licensee to keep the LICENSED PROPERTY clean, sanitary and free from trash and debris. The upkeep and maintenance of the LICENSED PROEPRTY licensed under this Agreement shall be borne solely by Licensee, and Licensee agrees to maintain the LICENSED PROPERTY in accordance with the terms and conditions f this Agreement and consistent with prudent and reasonable maintenance procedures and techniques. Licensee specifically agrees to install and maintain the Improvements in a manner that will not pose a ha?ard to persons and/or vehicles on adjacent property or the improved right-of-way. 14. Surrender Upon Termination. Licensee shall peaceably surrender . and deliver the LICENSED PROPERTY to the City or its agents immediately upon expiration of the term of thi~q Agreement. Licensee shall remove from the LICENSED PROPERTY, at Licensee's own expense, anything placed on the LICENSED PROPERTY unless the City, in writing, authorizes license to leave any landscaping, Improvements or both on the LICENSED PROPERTY. The City shall have no obligation to move, reinstall, replace or in any way compensate Licensee for any loss resulting from or arising out of the termination of this Agreement. The Licensee agrees to remm the LICENSED PROPERTY to a safe condition following removal of the Improvements. Licensee shall be obligated to repair or pay for any damage to the LICENSED PROPERTY resulting from the removal of the Improvements. 15. Waiver. Failure of the City to insist upon s~ct performance of any covenant or condition of this Agreement or to exercise any right contained in this Agreement shall not be construed as a waiver or relinquishment for the future of any such C:Xwmdowa\'IEbfl~l~¥OCABL8 LII2F. IqSE A~T- 905 N I~lmadl.d~e 1 I/1}1101 covenant, condition or right, but the same shall remain in full force and effect. None of the conditio~s, covenants or provisions of this Agreement shall be waived or modified except in writing by the parties to this Agreement. 16. Termination. This Agreement may be canceled with or without cause at any time during its term by either party upon ninety (90) days written netice to the other of its desire to terminate the Agreement. 17. Notice. Any notice or demand, which under the terms of this Agreement or by any statme or ordinance is to be given or made by either party, shall be in writing and shall be given by certified or registered mail, return receipt requested, sent to the other party at the address set forth below, or to such other address as such party may from time to time designate by notice. IN WITNESS WHEREOF, the parties have hereunto set its authorized hand this o~(~ day of ~~.~t.,, 2001. ATTEST: CITY OF BOYNTON BEACH ~:~_ ~~.a ~_ Clerk (~ra~d Broefiing, Mayor =1- '"--_ crrY C:\wmdow~\TP. IVIPhREVOCABI.~ LICEbISE AC4t, F. EMENT - 905 N 11/Ob~)l BOBBY ROBINSON, D/B/A WReCKeR SERVICE, W TN SSES: '~ ~ BY: STATE OF FLO~DA ) ) CO~Y OF P~M BEAC~ not~ public, permmlly appe~ed BOBBY ROBESON, ~/a JO~ ~C~R SERVICE ~d is the permn who sub.rind to the forego~ ~~nt ~d who ac~owledged tMt he executed the ~e w~ duly authored to do so. Perkily ~om ~ OR Produced Identification T~ of Identification Produced ' ~ ~SS ~~OF, I here~to set my ~d ~d offic~l se~. NOT~Y P~HC ~ or T~ N~ My Comsbn Ex~~ ~ ~. ~ ' I C:~.wmdowsk~VOCAtIl~ LICE1~SE A~ - 905 N Railroadl.doc 11/01/0l PAGE 02/02 81/03/2003 11:57 5612726831 VTT.-CONSENT AGENDA WEINER & ARONSON, P.A, A1TORNEYS AT LAW The Cla~ House * 102 Nort~ Swinton Avenue Delray Beer-J% Rorida 33444 Telephone: (561) 265-2666 Tele~opier, (561) 272-6831 E.mail: deimylaw@bellsouCh.net OF COUNSEb MICHAEL S. WEINER ROBI~T MARC SCHWARTZ, CAROLE J. ARONSON Fiort~ Bar BMrd Certified JASON S. MANKOFF January 3, 2003 Via TelecoDier & Hand Deliver_ ... Ms. Janet Prainito, City Cler~ City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida . 33435 Mr. Kurt Bressner, City Manager City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 Re: City Commission Hearing Our File No.: PACD002 Dear Janet and Kurt: On behalf of our client, Pace Development Corporation, the agent, H. Burton Smith, P.E. and the owner, KVVB Charitable Trust, please consider this letter a request to remove the Use Approval for Lot 91 from the Consent Agenda and place the matter on the Regular Agenda for the City of Boynton Beach's regular City Commission meeting of January 7, 2003. Please contact me to confirm that this item has been so moved. Thank you very much for your assistance in this matter. cc: Mr. Bruce Gay (via telecopier) Mr. Michael Rumpf (via telecopler) James Cherof, Esquire (via telecopier) G:~P^CD0O2~I. att~ Pndnlto. am~aner. Ja~,3.wpd VII.-CONSENT AGENDA ITEM D.1 CITY OF BOYNTON BEAI 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 [] December 3, 2002 November 18, 2002 (Noon) [] February 4, 2003 January 21,2003 (Noon) [] December 17, 2002 December 2, 2002 (Noon) [] February 18, 2003 February 3, 2003 (Noon) [] January 7, 2003 December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003 (Noon) [] January 21, 2003 January 6, 2003 (Noon.) [] March 18, 2003 March 3, 2003 (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 January 7, 2003 City Commission Agen .da-'4mder. Consent Agenda. The Planning and Development Board on November 26, 2002 with a unanimous vote, reco~nended {hat the subject request be denied. For further details pertaining to the request, see attached Department of Deve~p~ment Memorandum No. PZ 02-229. EXPLANATION: "- PROJECT: Gateway Plaza (USAP 02-002) AGENT: H. Burton Smith, P.E. -- OWNER: KWB Charitable Trust LOCATION: Lot 91 - Quantum Park PID (Northeast comer of High Ridge Road and Gateway Boulevard, Quantum Park PID) DESCRIPTION: Request for use approval for a gasoline dispensing establishment and convenience store on Lot 91 in the Quantum Park PID. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ~ ALTERNATIVES= ~ N~/il~ / D eve lopmenPl5 ep~a'alm'i ]Si~e~tor ~e Pla~g and Zomg ~k~ctor CiW Aaomey / Finance / Hmn Resomces S:LPlanningXSHARED\WPLPROJECTS\Quantum-Gateway Plaza\USAP 02-002~Agenda Item Request Gateway Plaza USAP 02-002 1-7-03.dot S:XBULLETIN~:ORMS~,AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 02-229 TO: Chairman and Members Planning and Development Board THROUGH: Michael Rumpf Director of Planning and Zoning FROM: Eric Lee Johnson, AICP Planner DATE: November 21,2002 SUBJECT: Gateway Plaza (USAP 02-002) Request for Use Approval for a Gasoline Dispensing Establishment and Convenience Store on Lot 91 in the Quantum Park PID NATURE OF REQUEST Typically, a request for use approval is based on the assumption that the use will be available on multiple lots in a PID. This request for use approval for a gasoline-dispensing establishment would only be a use approved for Lot 91. KVVB Charitable Trust is the owner of Lot 91. Lot 91 is 6.54 acres in size with an Office - Industrial - Commercial Master Plan designation. Pace Development Services (Pace) is. the contract purchaser of the subject property. Pace, the developer, is the owner and operator of a number of retail fueling centers. This request for use approval is for a gasoline-dispensing establishment / convenience store. The accompanying conditional use / new site plan application (COUS 02-005) also shows diesel fuel pumps, an automatic carwash, and a fast-food restaurant. According to the application, the diesel fueling stations would provide service for tractor-trailers that make daily deliveries to the Publix Distribution Center (Lot 55). This proposed facility will allow these drivers to refuel, and patronize the convenience store. The site plan indicates that the project will be completed in four (4) phases. The construction of the gasoline dispensing establishment, accessory car wash, convenience store, and restaurant are proposed within the first three (3) phases, which would occupy 3.5 acres in area. The unimproved portion of this property (3.04 acres) will remain in its natural state until it is ultimately site planned. BACKGROUND The following is a description of the zoning districts and land use classifications of properties surrounding the subject parcels, indicated in Exhibit "A": North: Td-Rail station zoned Planned Industrial Development (PID), with a Governmental & Institutional (G&I) Master Plan designation; South: Gateway Boulevard right-of-way, farther south is undeveloped Lot 82, zoned Planned Industrial Development (PID) with a Office - Industrial - Commercial (OIC) Master Plan designation; East: C.S.X. Railroad right-of-way, farther east is Interstate 95 right-of-way; West: Undeveloped~Quantum Park Lot 85 (future commercial plaza / townhouses), zoned Planned Industrial Development (PID) with a Mixed Use (MU) Master Plan designation. In 1999, the City Commission approved Lot 91 for an Ice Skating Rink (The Frozen Ponds / USAP 99-003). Ice-skating rinks are included as a permitted use option under the "Commercial" designation of the Quantum Park DRI. The "The Frozen Ponds" site plan has since expired. On April 27, 1999, the City Page 2 Memorandum No. PZ 02-229 Commission approved the Mobil On the Run gas station located at the southwest corner of Gateway Boulevard and High Ridge Road. The use was approved with a condition limiting the Quantum Park PID to a single gas station in order to avoid any future proliferation of such uses as seen in other areas of the City. A second gas station in the Quantum Park PID would be in violation of this previous project's condition of approval. However, this use approval application will also constitute a request to amend that condition of approval limiting the PID to one (1) gasoline-dispensing establishment. Unlike other conventional zoning districts, the zoning code does not set forth specific uses permitted in a Planned Industrial Development (PIE)) district. Pursuant to Chapter 2 - Zoning, Section 7.E., in a PID, a building and its customary, ancillary structures and land uses may be erected, altered and occupied for any office, professional, business (wholesale and retail), educational institution, adult entertainment (consistent with Section 11 .M. of the zoning code) or industrial uses provided that such use or uses is/are approved by the Planning and Development Board. In approving a particular use, the Planning and Development Board must make findings that the proposed use will not be in conflict with the performance standards listed in Section 4.N. of the zoning regulations, and that the use proposed is consistent with the intent and purposes of the PID. ANALYSIS The applicant is required to address the Performance Standards listed in Chapter 2, Section 4.N of the Land Development Regulations as they relate to the proposed use of a gasoline-dispensing facility and convenience store. The purpose of the Performance Standards are to ensure that uses will not b~ a nuisance or hazard to persons, animals, vegetation or property located on adjacent or nearby properties or right-of-way; or to interfere with the reasonable use or enjoyment of adjacent or nearby property by reason of noise, vibration, smoke, dust, or other particulate matter; toxic or noxious matter; odor, glare, heat or humidity; radiation, electromagnetic interference, fire or explosive hazard, liquid waste discharge, or solid waste accumulation. The applicant's responses are listed below: 1) Noise: No use shall be carried out by Pace Development Services so as to create sound which is in violation of Section 15-8 of the City Of Boynton Beach Code of Ordinances. 2) Vibrations: No use shall be carried out by Pace Development Services so as to create inherently and recurrently generated ground vibrations, which are perceptible without instruments at any point at or beyond the property lines of the property on which the use is located. 3) Smoke, dust, dirt, or other particular matter: Pace Development Services shall not allow the emission of smoke, dust, dirt or other particular matter which may cause damage to property or vegetation, discomfort or harm to persons or animals, or prevent the reasonable use and enjoyment of property and rights-of-way, at or beyond the property lines of the property on which it is located. Furthermore, Pace Development Services shall not allow emissions of any substances in violation of any federal, state, county or city laws or permits governing the emission of such substances. 4) Odors and fumes: Pace Development Services shall not allow the emission of objectionable or offensive odors or fumes in such concentration as to be readily perceptible at any point beyond its property. 5) Toxic or noxious matter: Pace Development Services will not allow the discharge of any toxic or noxious matter in such concentrations as to cause damage to property or vegetation, discomfort or harm to persons or animals, or prevent the reasonable use and Page 3 Memorandum No. PZ 02-229 enjoyment of property or rights-of-way, at or beyond the property line of their property or to contaminate any public waters or any groundwater. 6) Fire and Explosion: Pace Development Services' uses shall not create a fire or explosion hazard to adjacent property or right-of-way, or any persons or property thereon. Furthermore, Pace Development Services certifies [hat the storage, use or production of flammable or explosive materials shall be in conformance with the provisions of Chapter 9 of the City of Boynton Beach Code of Ordinances. 7) Heat, Humidity or Glare: Pace Development Services' uses shall not produce heat, humidity or glare, which is readily perceptible at any point at or beyond the property line of the property. Artificial lighting, which is used to illuminate any property or use, shall be directed away from any residential use which is a conforming use according to the City of Boynton Beach zoning regulations, so as not to create a nuisance to such residential use. 8) Liquid Waste: No use will be carried out by Pace Development Services which would dispose liquid waste of any type, quantity or manner which is not in conformance with the provisions of Chapter 26 of the City of Boynton Beach Code of Ordinances, or any applicable federal, state or county laws or permits. 9) Solid Waste: Pace Development Services shall not allow the accumulation or disposal_of solid waste which is not in conformance with Chapter 10 of the City of Boynton Beach Code of Ordinances, or which would cause solid waste to be transferred in any manner to adjacent or nearby property or rights-of-way. 10) Electromagnetic Interference: Pace Development Services shall not create electromagnetic radiation which causes abnormal degradation or performance of any electromagnetic receptor of quality and proper design as defined by the principals and standards adopted by the Institute of Electrical and Electronics Engineers or the Electronic Industries Association. Furthermore, Pace Development Services shall not cause electromagnetic radiation which does not comply with the Federal Communications Commission regulations, or which causes objectionable electromagnetic interference with normal radio or television reception. 11) Hazardous Materials and Hazardous Waste: Pace Development Services shall comply with all hazardous materials and hazardous waste regulations, local, state, and federal. The performance standards contain no explicit supplemental documentation such as certified statements, reports, or studies related to each standard. Although the applicant certifies that they will not violate any of the above-referenced performance standards, the applicant has not provided staff with any supplemental information pertaining to each standard. For example, a statement / study from an Acoustical Engineer certifying that the proposed use would not violate the City Noise Ordinance would satisfy the first performance standard. No report has been given to staff that indicates that the proposed use will exceed the L10 sound level limits by more than the allowable thresholds. No statement has been given outlining the anticipated "pure tones" that the proposed use will generate. Furthermore, a gasoline-dispensing establishment must typically submit a Material Safety Data Sheet, which is directly related to the Environmental Review Permit. CONCLUSIONS AND RECOMMENDATION Notwithstanding the above-described issues, staff has conducted a preliminary review of the use at the proposed location; however, staff endorses the current condition of limiting the PID to one gas station. Therefore, staff recommends that the subject request for an additional gas station be denied. This recommendation is based on the fact that the Quantum Park PID is a master planned development subject to higher standards and expectations with respect to the diversity of land uses within the PID. Page 4 Memorandum No. PZ 02-229 If this use is desired by the Board and Commission, staff is equally concerned about potentially-negative site impacts, site suitability, and traffic issues. These issues primarily pertain to traffic characteristics, current roadway design, and site impacts. The traffic study submitted with this request for use approval meets the Traffic Performance Standards of Palm Beach County in terms of vehicle trips but does not address specific road design or potential negative impacts in or around the subject site. The projects approved near the subject site include 94,100 square feet of commercial and 136 fee-simple townhouses (SBMP 02-002), 39 fee-simple townhouses (SBMP 02-003), and the Tri-Rail double-track expansion. The parcel cattycomer to the subject property was approved for 234 rental apartments and 132,032 square feet of commercial (SBMP 02-001). Staff has major concerns regarding possible traffic accidents as a result of the development of the subject site with the proposed use. The site plan shows that a total of two (2) driveways are proposed, one (1) directly to High Ridge Road. Staff anticipates that the types of vehicles associated with this use (tractor trailers), which will utilize these points of access, coupled with the proposed driveways (traffic flow) from this project as well as driveways from the other projects could pose hazardous ddving conditions in the future. Much of the surrounding properties are currently undeveloped but according to Police records, since February 2000, there have been 55 traffic accidents reported on High Ridge Road north of Gateway Boulevard, which were directly influenced by this intersection. Since March 2000, there have been 32 traffic accidents on High Ridge Road south of Gateway Boulevard, which were directly influenced by this intersection. Additional time and data would be needed in order to evaluate the location of the proposed entranceways and turning movements of vehicles · ~ssociated with this type of use. Although the proposed use may be vested in terms of trip generation ~nder the DRI, the characteristics of the site in conjunction with the recently approved projects would warrant further review from staff regarding the traffic patterns in order to protect the health, safety, and welfare of the public. Finally, according to Chapter 4, Section 8 of the Land Development Regulations - Review Standards, all proposed developments should be designed to preserve, perpetuate, and improve the existing natural character of the site. Existing native trees and other landscape features shall, to the maximum extent possible, be preserved in their natural state. The applicant submitted a "Vegetation Analysis for Gateway Plaza (2002)", which indicates the existence of at least 800 trees on site. There appears to be no preservation of the existing vegetation in conjunction with the development of the site. Additionally, the landscape plan submitted with the conditional use application shows the proposed location of "transplanted trees" but fails to identify the current location, type, and specifications of the trees to be relocated and / or preserved. Although issues related to site design are typically addressed as part of the site plan review process, on-site impacts appear to be worsened by virtue of the proposed use and its inherent need for maximum visibility. In contrast with the previous use approved for the site (i.e. an ice rink), site elevation is to be raised significantly. Staff acknowledges that in general, land preservation requirements for the have been fulfilled by the two (north and south) preserve areas. However, typical tree preservation is still considered on a site-by-site basis as referenced above. Again, staff recommends that the subject request to amend the list of approved uses be denied, as well as the request to amend that condition of approval limiting the Quantum Park PID to one (1) gasoline- dispensing establishment. MPJelj ,. ~.ttachments P~aza~USAP 02-O02~Slaff Reoort2.cloc-- $:\Planm ng~.SHAR EO~W P~PRO J ECTS\Quantum-Gateway EXHIBIT 'A' LOCATION MAP CITY OF COMMIE ~ITUM PARK] ' ~/~ '0 400 800 F~F',T EXHIBIT "B" Conditions of Approval Project name: Gateway Plaza File number: USAP 02-002 Reference: Use Ar>~roval. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: None X UTILITIES Comments: None X FIRE Cotmnents: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DMSION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: COA 12/19/02 2 DEPARTMENTS INCLUT) E REJECT 1. A tree survey is required. X 2. Environmental review and approval shall be required prior to the issuance of X an occupational license or certificate of occupancy. ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS: Comments: 1. None X ADDITIONAL CITY COMMISSION COMMENTS: Comments: 2. To be determined. MWR/elj S:\Planning\SHARED\WP\PROJECTS\Quantum-Gateway Plaza\USAP 02-002\COA.doc EXHIBIT "C" CITY OF BOYNTON BEACH, FLORIDA PLANNENG AND ZONI~'G DIVISION PETITION FOR USE ~APPROVAL, PLANNED INDUSTRIAL DEVELOPMENT DISTRICT (PID) IN RE: GATEWAY PLAZA I. BACKGROUi'ND KWB Charitable Trust (Kenneth W. Brown) is the owner of parcel 91 within the Quantum Corporate Park PID ("Quantum"). Lot 91 comprises 6.55acres and has been designated OIC - Office, Industrial, Commercial - according to the DRI Master Plan. Pace Development Services ("Pace") will be the contract purchaser of the subject property at such time as the proposed uses are approved by the City of Boyrtton Beach. Pace is currently the developer and operator of a number of retail fueling centers and has a reputation for clean well managed facilties. Pace is desirous of constructing a modem and very functional convenience store, gasoline pumps and automatic car wash, along with a fast food restaurant along the Hig2t R/dge Road fight of way and a diesel fueling station behind the convenience store. The diesel fueling stat/on is to service the many tractor trailers that daily pickup and deliver goods to the Publix distribution center. These dr/vets currently taus travel some distance, on City, and County streets to find diesel fuel an have the opportunity to get some refreshments. This proposed facility will allow these rivers to refuel get refreshments at a convenient location next to 1-95 and. not disturb EXHIBIT "C" Page 2 local traffic on Cirv streets. The balance of the property, 3.04 acres, on the east side of the subject parcel will remain in its natural state until such time as a use has been determined ! for it. II.REQUEST FOR USE APPROVAL WITHEN' QUANTUM CORPORATE PARK PID Part III Land Development Regulations, Chapter 2, Section 7.A, of the Code of Laws and Ordinances of Boynton Beach, Florida (hereinaFter "Code"), provides for the intent and purpose of the PD zoning district as follows: INTENT AND PURPOSE. A planned industrial development district (PI:D) is established. The purpose of this district is to provide a zoning classification for light industrial development that will better satisfy current demands for light industrial zoned lands by encouraging development which will reflect changes in the technology of land development and relate the development of land to the specific site and to conserve natural amenities. Regulations for the PD are intended t accomplish a more desirable environment for industrial development in relation to existing and/or future city development, permit economies in providing public services, allow for economies of scale in industrial development, and to promote the public health, safety, convenience, welfare and good government of the City of Boynton Beach. PD districts may contain Mixed Use Pods with retail, commercial, office and residential components, subject to the desig'n and approval criteria hereinaFter set forth. Section 7.E provides, in part, for the permitted uses in the districts as follows: USES PERMITTED. In the PID, a building and its customary ancillary structures and land uses may be erected, altered and occupied for any office, professional, business (wholesale or retail), educational institution, adult entertainment in accordance with Section 11.M, recreational and attractions as defined for the industrial land use classification, multi-family residential, and mixed use residential/commercial uses in EXHIBIT "C" Page 3 PID's totaling a minimum of 500 acres or industrial use provided that such use or uses /s/are approved by the planning and de.veIopment board. In approving uses in the PID, the planning and development board shall make findings that the use or uses proposed will not be in conflict with the performance standards listed in Section 4.N. of't~ese zoning regulations, and that the use or uses propo, sed is/are consistent with the intent and purpose of this section. For the purposed oft his seetion, educational institution shall mean a public, quasi-public or private facility that offers instruction to students for one (!) or more oft he following needs: preschool programming; tutoring; kindergarten, elementary and secondary grades schooling; higher learning for the purpose of granting de~ees in a particular field and occupational or industrial, technical training ..... Lot 91 has been designed OIC - Office, Industrial, Commercial within the Quantum Corporate Park PID. The code does not specify permitted uses with the O[C designated parcels of the PID, however the uses permitted within the PID include many industrial and commercial businesses. The intent to the PID district is to accomplish a desirable environment for industrial development in relation to existing and future development, as well as to promote public health, safety, convenience, welfare and good government for the City'. Pace Development Services intended uses would qualify as commercial uses. Pace Development Services proposed uses will not be in conflict with the performance standards of Section 4.N of the Boynton Beach zoning regulations. No use shall be carried out by Pace Development Services so as to create sound which is in violation of section 15-8 oft. he City of Boynton beach Code of Ordinances. No use shall be carried out by Pace Development Services so as to create inherently and recurrently generated ground vibrations which are perceptible without instruments at any point at or beyond the ~roperty lines of the prope.rty on which the use is located. Pace Development Services shall not allow the emission of smoke, dust, dirt or other particular matter which may EXHIBIT "C" Page 4 cause damage to property or vegetation, discomfort or harm to persons or animals, or prevent the reasonable use and enjoyment or' property and rights-of-,,,,'ay, at or beyond the property lines of' the property on which the use located. Furthermore, Pace Development Services shall not allow the emission of' any substances in violation of' any federal, state, county or city. laws or permits governing the emission of such substances. Pace Development Serv. ices shall not allow the emission of' objectionable or offensive odors or fumes in such concentration as to be readily perceptible at any point at or beyond its property. Pace Development Services shall not a/low the discharge of' any toxic or noxious matter in such concentrations as to cause damage to property or vegetation, discomfort or harm to persons or animals, or prevent the reasonable use and enjoyment of' property or rights-of-way, at or beyond the property line of' their property; or to contaminate any public waters or any ground water. Pace Development Services's uses shall not create a fire or explosion hazard to adjacent or nearby property, or rights-of-way, or any persons or property thereon. Furthermore, Pace Development Services certifies that the storage, use or production of flammable or explosive materials shall be in conformance with the provisions of Chapter 9 of the City of Boynton Beach Code of Ordinances. Pace Development Services's uses shall not produce heat, humidity or glare which is readily perceptible at any point at or beyond the property line of the property. Artificial lighting which is used to illuminate any property or use shall be directed away from any residential use which is a conforming use according the City of Boyziton Beach EXHIBIT "C" Page 5 Zoning regulations, so as not to create a nuisance to such residential uses. No use shall be carried out by Pace Development Serv{ces which would dispose liquid waste of any type, quantity or manner which is not in conformance with the provisions of Chapter 26 of the ! City of Boynton Beach Code of Ordinances, or any applicable federal, state or county laws or permits. Pace Development Services shall not allow the accumulation or disposal of solid waste which is not in conformance with Chapter I0 of the City of Boynton Beach Code of Ordinances, or which would cause solid waste to be transferred in any manner to adjacent or nearby property or rights-of-way. Pace Development Services shall not create electroma~maetic radiation which causes abnormal de~adation of performance of any electromagnetic receptor of quality and property design as defined by the principles and standards adopted by the Institute of Electrical and Electronics Engineers, or the Electronic Industries Association. Furthermore, Pace Development Services shall not cause electromagnetic radiation which does not comply with the Federal Communications Commission regulations, or which causes objectionable electromagnetic interference with normal radio or television reception. Pace Development Services shall comply with all hazardous materials and hazardous waste regulations, local, state or federal. Pace Development Services's uses are consistent with the intent and purposes of the PID district. In providing the above references service to the community at large, Pace provides a public service and promotes the public health, safety, convenience, welfare and good government of Boynton Beach without any adverse impacts on the community. EXHIBIT "C" Page6 Paces's desire to be an integrated member of the community fits in with the intent and purposed of the PID by accomplishing'a desirable development environment and meeting the future needs of city development by establishing its site within the Qu~mtum Corporate Park PD. IlL CERTIFICATION We understand that this petition and all papers and plans submitted herewith become a part of the permanent records of the Planning and Zoning Division. We hereby certify that the above statements and any statements or showings in any papers or plans submitted herewith are true to the best of our knowledge and belief. Signature of authorized agent j~n. 03 0~. ~. i: lea (-nRMER REALTY _nEV~LOPM_--MT S~. *'~30G~40 p. i EXHiBiT "C" ~i) (~) ~ d~te ~ ab~.s.]~ ~ as (~ (~r) ~h~ a~ Jn regard to ,~naf~re o~ c,.-,;fact purcJ'klser (ifaoo~ant) OMa A REPRESENTATIVE MUST BE PRESENT AT ALL TECHNICAL REVIEW DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Gateway Plaza APPLICANT'S AGENT: H. Burton Smith APPLICANT'S ADDRESS: 825 Whippoorwill Trail, West Palm Beach, FL 33411 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 7, 2003 TYPE OF RELIEF SOUGHT: Request for Use Approval for a Gasoline Dispensing Establishment in the Quantum Park PID. LOCATION OF PROPERTY: Lot 91, Quantum Park PID DRAWING(S): SEE EXHIBIT "B" A'I-I'ACHED 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 ~or 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~WF~PROJECTS\Quan/um. Gateway PIaza\USAP 02-002\DO2.doc VII.-CONSENT AGENDA ITEM D.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 City Clerk's Office [] December 3, 2002 November 18, 2002 (Noon) [] February 4, 2003 January 2l, 2003 (Noon) [] December 17, 2002 December 2, 2002 (Noon) [] February 18, 2003 February 3, 2003 (Noon) [] January 7, 2003 December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003 (Noon) [] January 21, 2003 January 6, 2003 (Noon.) [] March 18,. 2003 March 3, 2003 (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 January 7, 2003 City Commission Agenda under Consent Agenda. The Planning and Development Board with a 3 to 3 vote, forwards this item without a recommendation. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-289. EXPLANATION: PROJECT: High Ridge Commerce Center//2 (CDPA 02-002) AGENT: Winston Lee & Associates, Inc. OWNER: David & Leighan Rinker LOCATION: Southwest comer of High Ridge Road and Miner Road DESCRIPTION: Request for an appeal from Land Development Regulations Chapter 9, Section 11 .J. to permit overhead bay doors to face High Ridge Road. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A Dex~ol~nen~D~p~t~n'~n'i~Di~ector City Manager's Silage Plamg and Zo~g Dkector CiW A~omey / Finance / Hmn Reso~ces S:~IanningB~DX~ROJECTSXHigh Ridge Comm~ce Park All Folders~igh ~dge Comece C~. g2XCDPA 02-002~gmda Item Request High ~dge Com. C~2 CDPA 02-002 - 1-7-03.dot S:~ULLET~O~S~GENDA ITEM ~QUEST FO~.~C l~Vinston ~ee . Associates, Inc. L~d Plcrmi~ ~.s.r~ ~LC I~AXMEMORAN,DUM , ,, DATE: December 2.3, 2002 TO: Eric Johnson cc: Seth Wise Barbara Hansen FROM: Joni Brinkman, AICP } , ' RE: High Ricl~e' Commerce, Center II · Our File No. 02-022 No. of. Pages (including cover): 1 This meme shall serve as a request to postpone the above referenced variance, community design standard waiver, and site plan approval from the January 7, 2002 City Commission meeting to the January 2t, 2002 Commission meeting. Please call with any questions. r[EC~ 2~20~ PLANNING AND ZONINC DEPT . L~32 Old ~~ ~ $~ 1~, W~ ~ B~, ~ 33~9-5270 561~9~70 · F~561~89-5559 DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 02-289 STAFF REPORT PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION TO: Chairman and Members Planning and Develo,.~,~ent Board FROM: Michael W. Rumpf.~._.)q~,¢~ Planning and Zonin~ Di~'ector DATE: December 9, 2002 SUBJECT: High Ridge Commerce Center #2 - CDPA 02-002 Appeal from Chapter 9 - Community Design Plan (Overhead Doors) NATURE OF REQUEST Winston Lee of Winston Lee & Associates, Inc., agent for Levitt Commercial (see Exhibit "A" - Location Map), is requesting approval of a Community Design Plan Appeal to allow overhead bay doors to face High Ridge Road (see Exhibit "B" - Proposed Elevations). This appeal is being submitted in conjunction with a site plan application (NWSP 02-019). BACKGROUND The applicant proposes to construct two (2) single-story light industrial / manufacturing buildings with future mezzanine areas for a total of 139,500 square feet on a 10.4-acre parcel. According to Chapter 9 - Community Design Plan of the City's Land Development Regulations, High Ridge Road is listed as a roadway where building elevations shall not display overhead bay doors. Due to their high degree of visibility, these major roadways within the City are subject to higher standards related to building appearance. ANALYSIS This subject property is located north of Gateway Boulevard on the west side of High Ridge Road, directly south of Miner Road. The restriction of not allowing the bay doom to face High Ridge Road is predicated on the concept that the roadway is very visible and that overhead bay doors are unsightly. High Ridge Road, as well as the other roadways listed in Chapter 9, Section 11.J. of the Land Development Regulations, are considered entrances into the City. Buildings located on these roadways should be held to a higher level of architectural standards. The neighboring properties on the east side of High Ridge Road are either zoned Light Industrial (M-1) or Planned Industrial Development (PID)i Furthermore, the City Commission recently approved abutting property to the south for townhouses (Quantum Park & Village North - SBMP 02-002) The City commission recently approved a similar Community Design Appeal to allow overhead bay doors to face High Ridge Road for a property located south of Gateway Boulevard. In that project (Quantum Park Lots 73-76 - CDAP 02-001 ), the applicant only needed overhead bay doors on one (1) building side. They chose the west building fa(~ade. Staff analysis recognized that the building would have been much more visible (to a greater number of vehicles) on Interstate 1-95 than High Ridge Road. This was because the property was located at the terminus or "dead-end" of High Ridge Road. The analysis also acknowledged that the overall number of vehicles traveling on High Ridge Road was far less than the sheer volume of traffic on Interstate 95 and that the impact to High Ridge Road would have been minimal due to the isolated nature of High Ridge Road at the subject location. Page 2 Memorandum No. PZ02-289 High Ridge Commerce Center #2 CDPA 02-002 The applicant has suggested that for industrial projects, the market demands a high number of smaller- sized (2,000 square feet) tenant spaces. In deference to this demand, the applicant is proposing tenant bays (with overhead bay doors) on both the front and rear sides of the building; in this case, the east"and west sides of the buildings. For this particular project, the Design Appeal process is appropriate due to the unique characteristics and constraints of the subject property. One site constraint is that the subject parcel is long and narrow for an industrial user. The second design problem is that 25% of the subject site must be set aside for preservation of the A-rated Scrub habitat on the western portion of the property, which creates an even more narrow lot. This lack of depth hinders the developer from constructing the buildings in a way so that the orientation of the overhead bay doors could be directed towards the north or south. Also, the required preserve area is located along the western fdnge of the property. The overhead bay doors could have been effectively screened from public view on High Ridge Road had the preserve area been located along the eastern quarter. The preserve area not only reduces the lot's total buildable area resulting in less opportunities for compliant building design, but its location on the western portion of the lot does not help facilitate the screening of the overhead bay doors that face toward the east. The Land Development Regulations do not specify types of trees required in landscape buffers adjacent to rights-of-way. To buffer the overhead bay doors, the applicant proposes to install shade trees rather than palm trees within the front landscape buffer adjacent to High Ridge Road. Also, the regulations require the trees be spaced / installed a maximum of one (1) tree per every 30 linear feet. The landscape plan will exceed the minimum standards by proposing a 20-foot tree spacing. Hence, the proposed tree types and spacing demonstrates the applicant's willingness to meet the intent of the Land Development Regulations (screening of overhead bay doors). Dudng the site plan review process, the applicant agreed to reduce the number of overhead bay doors that are proposed to face High Ridge Road. Furthermore, the design of the east facade (facing High Ridge Road) has been greatly enhanced. The bay doors will be recessed approximately five (5) feet from the front of the building and will be painted to match the main wall color of the building. This gives the impression that the bay doors will "blend" into the facade. Slatted "Key West" type awnings are proposed above all windows and architectural elements have been added to the main pedestrian entdes facing High Ridge Road. The east elevations show that each entry feature will be enhanced with "knock-out" panels to be installed at the proposed mezzanine level. This will allow each prospective tenant to either retain the panels as-is or to saw-cut the panels in favor of installing windows without disturbing the integrity of the reinforcement bar. The legs of the spandrel panel will have multiple score lines and a small planter will be installed at their base. Finally, the varying heights of the parapet wall will draw the eye's attention away from the bay doors. RECOMMENDATION Staff recommends approval of this request to locate the overhead bay doors on the east building facade. Any conditions recommended by the Board or City Commission shall be included in Exhibit"C" Conditions of Approval. xc: Central File S:\Planning\SHARED\WP\PROJECTS\High Ridge Commerce Park All Folders\High Ridge Commerce Ctr. #2\CDPA 02-O02\staff report.doc Location Map EXHIBIT"A" HIGH RIDGE COMMERCE CENTER #2 EXHIBIT "C" Conditions of Approval Project name: High Ridge Commerce Center #2 File number: CDPA 02-002 Reference: 2nd review plans identified as a New Site Plan with an December 3, 2002 Planning and Zonin~ Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None PUBLIC WORKS - Traffic Comments: None UTILITIES Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST Comments: None PLANNING AND ZONING Comments: None I COA 12/09/02 2 DEPARTMENTS INCLUDE REJECT ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS: Comments: .: 1. To be determined. ADDITIONAL CITY COMMISSION COMMENTS: Comments: 2. To be determined. MWR/elj S:\Planning\SHARED\WP\PROJEC_.TS\High Ridge Commerce Park All Folders\High Ridge Commerce Ctr. #2\CDPA 02-O02\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: . High Ridge Commerce Center #2 APPLICANT'S AGENT: Winston Lee, ASLA, AICP/Winston Lee & Associates, Inc. AGENT'S ADDRESS: 1532 Old Okeechobee Road #106 West Palm Beach, FL 33409 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 7, 2003 TYPE OF RELIEF SOUGHT: Request approval of a Community Design Plan Appeal to allow overhead bay doom to face High Ridge Road. LOCATION OF PROPERTY: Southwest corner of Miner Road and High Ridge Road DRAWING(S): SEE EXHIBIT" A and B" ATTACHED HERETO. 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 MATT_ER came on to be heard before the City Commission of the City of Boynton Beach, Flodda 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 $?,Planning\SHARED\WP~PROJECT$~HigI~ Riclge Comme~ce Park All F~de~s~Higl~ Ridge Commerce Cir. t~r~CDPA EXHIBIT "C" Conditions of Aooroval Project name: High Ridge Commerce Center #2 File number: CDPA 02-002 Reference: 2~ review plans identified as a New Site Plan with an December 3, 2002 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: None X UTILITIES Comments: None X Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X COA 12/18/02 2 DEPARTMENTS INCLUDE REJECT ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS: Comments: 1. None X ADDITIONAL CITY COMMISSION COMMENTS: Comments: 2. To be determined. MWR/elj S:~Planning\SHARED\WI:~PROJECTS~Hioh Ridge Commerce Park All Folders~High Ridge Commerce Cb'. ~f2\CDPA 02-002\C~.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: High Ridge Commerce Center #2 APPLICANT'S AGENT: Winston Lee, ASIA, AICP/Winston Lee & Associates, Inc. AGENT'S ADDRESS: 1532 Old Okeechobee Road #106 West Palm Beach, FL 33409 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 7, 2003 TYPE OF RELIEF SOUGHT: Request approval of a Community Design Plan Appeal to allow overhead bay doors to face High Ridge Road. LOCATION OF PROPERTY: Southwest corner of Miner Road and High Ridge Road DRAWING(S): SEE EXHIBIT" A and B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Flodda appearing o~ 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 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 $:~Cqanntng~SHARED~WI:~PROJECTS~Hlgh Ridge Commm'ce Pa~k All Foldem'~ligt~ Ridge Comme~ce C~r. #¢Z~COPA 02-002~OO.doc qlI.-CONSENT AGENDA O ITEM D,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 [] December 3, 2002 November 18, 2002 (Noon) [] February 4, 2003 January 21,2003 (Noon) [] December 17, 2002 December 2, 2002 (Noon) [] February 18, 2003 February 3, 2003 (Noon) [] January 7, 2003 December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003 (Noon) [] January 21, 2003 January 6, 2003 (Noon.) [] March 18,. 2003 March 3, 2003 (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 January 7, 2003 City Commission Agenda under Consent Agenda. The Planning and Development Board with a 3 to 3 vote, forwards this item without a recommendation. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-282. EXPLANATION: PROJECT: High Ridge Commerce Center #2 (NWSP 02-019) AGENT: Winston Lee & Associates, Inc. OWNER: David & Leighan Rinker LOCATION: Southwest comer of High Ridge Road and Miner Road DESCRIPTION: Request new site plan approval to construct two (2) light industrial buildings totaling 139,500 square feet on 10.4 acres in an M-1 zoning district. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNAT~~ N/A ~an Deve~x~n~tD~-n-~ D~tr~ctor ager s Si~mature '9 ~.~, '~_~7~,~/jr Plann~g and Zoni~ Directo City Attorney / Finance / Human Resources S:~lanning~SHARED\WPXPROJECT. S~High Ridge Commerce Park All FoldersXHigh Ridge Commerce Ctr. #2xNWSP 02-019~genda Rem Request High Ridge Comm. Ctrg2 NWSP 02-019 - 1-7-03.dot S:LBULLETIN\FORMSXAGENDA ITEM REQUEST FORM.DOC Associates, Inc. Land Plann~ ~.s.~ #r~c c~ I FAX MEMORANDUM I DATE: December 23, 2002 TO: Eric Johnson cc: Seth Wise Bart)am Hansen FROM: Joni gdokm~, AICP ] . " : High Ridge' Commerce Center II j Our File No. 02-022 No. of. Page~ {Including cover): 1 This memo shall serve as a request to postpone the above referenced variance, community design standard waiver, and site plan approval from the January 7, 2002 City Commission meeting to the January 21, 2002 Commission meeting. Please call with any questions. OEC 2 ,':1 2002 ',~ PLANNING AND , ZONING OEPT ]..532 Old Okc~chobP. e :Road, $'aile 106, ~re.,s-t ~ BP. ac.b, FT. 334,09-5,2..70 561-6892,670 ,,, Fax 56].-689-5-~59 DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 02-282 SITE PLAN REVIEW STAFF REPORT pLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION December 10, 2002 DESCRIPTION OF PROJECT Project Name/No.: HIGH RIDGE COMMERCE CENTER#2 Property Owner: David B. & Leighan Rinker Applicant: Levitt Corporation Agent: Winston Lee, ASLA, AICP / Winston Lee & Associates Location: Southwest comer of Miner Road and High Ridge Road Land Use/Zoning: Industrial (I) / Light Industrial (M-l) Type of Use: Office / Warehouse Project size: Site Area: 452,798 square feet (10.4 acres) Building Area A: 75,099 square feet Building Area B: 34,250 square feet Lot Coverage: 109,350 square feet (24.1%) Future Mezzanine: 30,150 square feet Total Building Area: 139,500 square feet (including future mezzanine) Adjacent Uses: (see Exhibit "A" - Location Map) North - Miner Road right-of-way; farther north is residential property in unincorporated Palm Beach County, zoned Single-family Residential (RS); South - Quantum Park Lot 88, future townhouse development, zoned Planned Industrial Development (PID); East High Ridge Road right-of-way; farther east is developed industrial property, zoned Light Industrial (M-l); and West - Undeveloped residential properties in unincorporated Palm Beach County, zoned Single-family Residential (RS). Proposal: Mr. Winston Lee, agent for the contract purchaser, Levitt Corporation, is requesting site plan approval to construct two (2) single-story light industrial / manufacturing buildings, which will total 109,350 square feet on the above re[erenced parcel (see Exhibit "B" - Proposed Site Plan). Individual tenants within each bay may build their own future mezzanine area. According to the site plan tabular data, the collective area of future mezzanine areas will not exceed 30,150 square feet; therefore the total building area shall not exceed 139,500 square feet (see Exhibit "C" - Conditions of Approval). . Page 2 High Ridge Commerce Center #2 - Site Plan Review Staff Report Memorandum No. PZ 02-282 Site Characteristics: The subject property is a rectangular-shaped tract of heavily vegetated, undeveloped land. The site is bounded on the north and east by paved roads, on the south by a cleared field and by an undeveloped wooded tract to the west. The southeast corner and an area along the north boundary of the property have previously been cleared. The southern area is open with some scattered exotic trees and the northern area has a dense growth of ~xotic shrubs. According to the Reconnaissance Level Field Assessment (September 10, 2002), the U.S. Department of Agriculture Natural Resource Conservation Service Soil Survey of Palm Beach County indicates that the substrate of the property is Paola sand (PCB) with an intrusion of St. Lucie sand (ScB) along the western edge of the property. Both of these soils are nearly level to sloping, excessively drained, deep, sandy soil on long narrow, dune-like coastal ddges and on isolated knolls. The water table is generally below a depth of six (6) feet. Other than mockingbirds and mouming doves, no wildlife was observed dudng the survey. Several gopher tortoise burrows were noted within the more open areas of the site; three appeared active. A comprehensive search to map the location of the active and inactive burrows and quantify live specimens will be conducted at a later date (see Exhibit "C" - Conditions of Approval). No areas of jurisdictional wetlands occur on the subject property. 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 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: On-site traffic circulation will consist of two (2) points of ingress / egress on High Ridge Road, separated by approximately 590 feet. No point of access is proposed on Miner Road. Both entrances will be 25 feet in width and allow for left / straight / right-turn egress. The loading areas are proposed in the front of each bay. As proposed, all vehicles (including emergency) will have adequate room to maneuver between the proposed buildings and circulate throughout the site. Three, two-way ddve aisles 25 feet in width provide service and customer access to proposed parking areas and the three (3) dumpsters located to the rear of the buildings. Parking Facility: A total of 279 parking spaces are required based on one (1) space per 500 square feet of gross floor area. The number of parking spaces provided equals 279 including eight (8) spaces designated for handicap use. All spaces, except handicap spaces will be dimensioned nine (9) feet by eighteen feet. The parking space proposed along the eastern landscape buffer will require approval of a variance to allow parked vehicles to encroach two (2)' Page 3 High Ridge Commerce Center #2 - Site Plan Review Staff Report Memorandum No. PZ 02-282 feet into the required seven (7) foot buffer (see Exhibit "C" - Conditions of Approval). As proposed, the backup distance of the parking stalls and/or ddve aisle will be 25 feet in Width. This deviation from the City Standard Drawing will require approval of an administrative waiver from the Engineering Division (see Exhibit "C" - Conditions of Approval). Parking spaces and drive aisles will surround all sides of the buildings, except in locations where loading zones are proposed. All handicap spaces will be located near the building entra/~ces. Little pedestrian traffic is anticipated. Landscaping: This 10.4-acre site is recorded in the Inventory of Ecosystems in Palm Beach County, Phase III Report, Iverson and Austin, July 1988 document as part of County site "Eco-87 Quantum NE Scrub. The site was given an "A" rating for quality of the environmentally sensitive scrub habitat located on the parcel and is best described as a sand pine dominated scrub habitat. The wooded area of the site is densely covered with sand pine of vadous ages with an understory of scrub oak. According to the 2002 Field Assessment report, the southern open area of the property contains roadside weeds such as Spanish needles, Caesar weed, Ragweed, Periwinkle, and vadous other grasses and forbs associated with open fields. Pdckly pear cactus was also observed within the southern open area as well as in other portions of sunlit exposed areas of the parcel. The exotic canopy is sparse and consists of pdmadly Earleaf acacia, Australian pine, or Brazilian pepper. Two thirds (2/3) of the subject property is forested with sand pine and slash pine. The understory is predominately scrub oak, Chapman's oak, Sand Live oak, Saw palmetto, and Florida pdvet. Approximately 2,097 trees will be preserved along the western 25%, or 2.6 acres of the subject site. On the landscape plan, the applicant will be required to indicate the existing trees that will be relocated or removed (see Exhibit "C" - Conditions of Approval). The proposed pervious or "green" area, excluding the preserve area, will be 98,206 square feet or 21.6% of the total site. According to the landscape plan, the site will contain 96.7% native trees and 51% native shrubs / groundcover. Live Oak trees spaced one (1) tree for every 20 feet are proposed within the front landscape buffer adjacent to High Ridge Road (the landscape code requires a minimum spacing of 30 feet). The front landscape buffer will also contain a continuous row of Redtip Cocoplum hedges with clusters of Croton and Hawaiian Tie. Purple Glory and Sabal palm trees with clusters of Lidope are proposed on each side of the entranceways off High Ridge Road. The intedor and terminal landscaped islands will contain Dahoon Holly or Sabal Palm trees with Kimberly Queen fern. The three (3) dumpster enclosures proposed along the west property line will have Redtip Cocoplum on all three (3) sides with a Live Oak tree to be planted to the rear. A row of Live Oak trees and Redtip Cocoplum hedges are proposed along the northern edge of the proposed parking and vehicular use areas. The site's 0.75-acre retention area is proposed at the northem portion of the property. Live Oak and Sabal palm trees are proposed along the north property line adjacent to Miner Road. The northeast comer of the property will have Sabal palms and Purple Glory trees with clusters of Croton and Kimbedy Queen ferns to be installed at the base. The southem landscape buffer will be five (5) feet in width and contain a row of Live Oak trees and Redtip Cocoplum hedges. The sides of the building will have a planting stdp with Sabal palm trees and Viburnum. Page 4 High Ridge Commerce Center #2 - Site Plan Review Staff Report Memorandum No. P.Z 02-282 Building and Site: Building and site regulations will be fully met when staff comments are incorporated into the permit drawings. The southernmost building (Building "A") is proposed to be located 58.45 feet from the south (side), 66.35 feet from the preserve area to the rear, and 71.79 feet from the front property .lines. Building "B" will be setback over 319 feet from the north (side) property'line, 66.35 feet from the preserve area to the rear, and 71.79 feet from the front property line. The floor plans show that each building will be separated in half by a firewall. The larger Building "A" will have 28 bays while the smaller Building "B" will have 12 bays. The prospective tenant for each bay could choose to have a mezzanine area, which may be subject to the requirements of the handicap accessibility code (see Exhibit "C" - Conditions of Approval). Community Design: The proposed buildings will be one-story structures with the top of the fiat roof to stand 26 feet - six (6) inches in height. The top of the roofline will be 31 feet - six (6) inches in height at each entry feature. The overhead doors for loading areas are proposed on both the front and rear sides of each building (see east and west elevations). The overhead doors on the front (east elevation) will face High Ridge Road, a road identified by the Community Design Plan where overhead doors may not be seen. Approval of this project is contingent upon the granting of the accompanying Community Design Plan Appeal (see Exhibit "C" - Conditions of Approval). The proposed color of the building will be light yellow (40YY 67/087 - Pillar) with the accents ranging from light to dark green (awnings). A more complete analysis of the proposed design of the project is provided in the accompanying staff report for the Community Design Appeal (CDPA 02-002). Signage: The permitted wall signage area is based on one (1) square-foot of sign area for each one (1) linear foot of building frontage. The attached "Proposed Tenant Identification Non-Illuminated Flat Cut Letters" show that each tenant sign will be 32 square feet in area with dark green letters. Collectively howev.e~', the maximum allowable area for all wall signs shall not exceed 830 square feet (see Exhibit "C" - Conditions of Approval). The elevations indicate that wall signs will appear on the east and west building facades, above the entrance to each bay. The applicant is proposing one (1) monument sign to be located along High Ridge Road. The location of the monument sign is required to be setback ten (10) feet from the east property line, and shrubs are to be installed at the base (see Exhibit "C" - Conditions of Approval). According to the sign detail, it will be extemally illuminated with ground lighting. Also, the address and individual sign lettering will be green. The monument sign's proposed location, limited visibility, and roadway design speed do not support excessive sign heights. Therefore, staff recommends reducing the overall height of the monument sign to match previously approved monument signs in the industrial areas, from 11 feet- five (5) inches to ten (10) feet (see Exhibit "C" - Conditions of Approval). The project will have a non-illuminated entrance sign. It will be neady two (2) feet in height and three (3) feet - six (6) inches in length. The directory sign' Page 5 High Ridge Commerce Center #2 - Site Plan Review Staff Report Memorandum No. PZ, 02-282 appears to be over 30 inches tall and two (2) feet wide. The lettering font and color of the entrance and directory signs appear to match the above referenced signs. Both the entrance and directory signs should be shown on the site plan (see Exhibit "C" - Conditions of Approval). RECOMMENDATION: Staff recommends that this site plan request be approved contingent upon the approval of the variance request (ZNCV 02-015) to allow vehicles to overhang in the required front landscape buffer and the Community Design Appeal to permit overhead bay doors to face High Ridge Road (CDPA 02-001). In addition, the project must receive an administrative waiver from the Engineering Division to allow a reduction in the minimum back-up distance, from 27 feet to 25 feet. In addition, the plans will be required to comply with the comments included in Exhibit "C" - Conditions of Approval. The Technical Review Committee (TRC) recommends that the deficiencies identified in this exhibit be corrected on the set of plans submitted for building permit. xc: Central File S:~Planning\Shaced~Wp~Projects\High_.Ridge Commerce Park All Folders\High Ridge Commerce Ctr. #2~NWSP 02-019\staff report, doc Location Map EXHIBIT "A" HIGH RIDGE COMMERCE CENTER #2 ....... EXHIBI~ "B" BiT/ , , EXHI "B" .. ., l'Itl I I I I1 I II I:l I't [:i:l ~ EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" EXHIBIT "B''~ SIGN ED ~ATE i ICO0 L .-J VISA I : APPROVED [ : RESUBMIT WI ClIANGES BOYNTON BEACH, FL ~ ~'WMAN RGAD · ~ ~K. ~ ~3 ~ o~w~ ~A~, O:~ ~s~h Ridge Comm~ce Pa~ 2 12.2~ R. ~ 02-HRCP 2 oF 5 EXHIBI~:'~ P~OPOSED D/F NON-ILLUMINATED____~MONUMENT SIGN HIGH RIDGE COMMERC CENTER II ~:~,..~'~,'~,,, ..';~C~ 1234-1234 '.':~:,:F '. ~..~.. '- -t ' · · "~....- ... .:,.--~ ...... .. . .. - '~ .4: :. ': .'..,~.',.' ~., '..~ c-~.:. .,. ...~. 8'-0" CONSTRUCTION NOI'~ 1-1/2" X I-I/2"X3/16' AU. IM. ANGLE CONTINUOUS WELDED SPACE FRAME .090' AUJMINUM FACE, SANDED, PRIMED, ~l~JCCO FINISHED TO MATCH H.R.C.R2 COLORS GRAPHICS 1/4" PIN MOUNTED FLAT ALUMINUM PLATE LETTERS EXTERNALLY ILLUMINATED W/GROUND UGHTING SIGNED .. '~'°" '"~" "~-. -~ ,.. ~u., .~ .~ DATE ~-~ 'l I EXHIBIT "B" PROPOSED D/F ENTRANCE SIGN HIGHE RIDGE COMMERCECENTER II NTRANCE CONSI~UCTION I"IOTE S: ALL ALUM. NON-ILLUMINATED D/F ENTRANCE SIGN .090" IHICK ALUM SIGN FACE SANDED, PRIMED, PAINTED POLYURETHANE ACRYUC ENAMEL TO MAI'CH COMMERCE CENTER COLORS. 4"X4" ALUM POSTS W/.080 ALUM POLE COVER GRAPHICS H.R VINYl. COLORS TO MATCH DARK GREEN SIGtlED -m., ...... ~,,-v .*....4 ,...., ...... ... -.~, ..,~, -,e.,,~ ,~ COO ~ VISA t~ ~PRO~D L i RESUBMIT WI CHANGES .**. ~o..,.*, ..o~.~**,~ HIGH RIDGE COMMERCE PARK 2 BORON B~CH. FL S~S R~ESENTA~: SIGNED DATE ~-ICOD [] VISA ~ APPROVED L~RESUBMIT WI CHANGES i ,..o.,Ec'r*,~r~ HIGH RIDGE COMMERCE PARK 2 BOSTON B~CH, FL SALES ~EPRESe~ATIV~ .JERRY EXHIBIT "B" PROPOSED $/F TENANT DIRECTORY WAYFINDING $1GNAGE DIRECTORY 1000 - 1000 ~ 1200 - 1200 1500- 1500 CONS~TION NOTES: ALL ALUMINUM NON-ILLUMINATED ,S/F DIR~::TOI;~ SIGN .090' 11"lICK ALUM SIGN FACE SANDED, PRIMED, PAINTED POLYURETHANE ACRYLIC ENAMEL TO MATCH COMMERCE CENTER COLORS. (.B_-', 4'X4" ALUM POSTS W/.080 ALUM POLE COVER (.~ GRAPHICS H.P. VINYL COLORS TO MATCH DARK GREEN EXHIBIT "C" Conditions of Approval Project name: High Ridge Commerce Center #2 File number: Reference: 2"a review plans identified as a New Site Plan with an December 3, 2002 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: None X UTILITIES Comments: None X - FIRE Comments: None X POLICE Comments: None X ENGINEERING DMSION Comments: 1. An Administrative Waiver will be required for a change in the back-up X distance (for parking) fi-om 27 (twenty-seven) feet to 25 (twenty-five) feet. This request should be addressed to the City Engineer and document the need for the waiver. 2. Show sight triangles on the Landscape plans (LDR, Chapter 7.5, Article II, X Section 5.H.). Reference FDOT Standard Index 546 for the sight triangles along all collector and arterial roadways. 3. Full drainage plans in accordance with the LDR, Chapter 6, Article IV, X Section 5 will be re~iuired at the time of permitting. BUILDING DIVISION Comments: COA 12/18/02 2 DEPARTMENTS INCLUDE REJECT 4. Indicate within the site data the occupancy type of each building as defined in X Chapter 3 of the 2001 Florida Building Code. 5. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 6. A water use permit for the irrigation system from South Florida Water X Management District will be required at time of pet mit submittal. 7. Vertical accessibility ma~, be required at tenant improvements. X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: 8. Prepare a Management Plan document detailing the proper management and X maintenance of the 2.6 acre preserve. A tree wall / well must be installed along the entire perimeter where the elevation difference between the 2.6 acre preserve perimeter and the site is greater than six inches to one foot. 9. The existing gopher tortoises must be addressed with a permit from the X Florida Wildlife Commission. 10. Indicate on the landscape plan the existing trees that will be relocated or X removed / replaced on the site. These trees are in addition to the Landscape Code required trees and should be indicated with a separate s~nbol. PLANNING AND ZONING Comments: 11. The two (2) feet of vehicle overhang into the required landscape buffer is not X allowed and would require a variance. Approval of this site plan is contingent upon the approval of the variance request (ZNCV 02-015). 12. The back-up distance behind the 90° parking stalls is required to be 27 feet in X width. The plans show the back-up distance of 25 feet in width. This will require an administrative waiver fi.om the Engineering Division. 13. The overhead bay doors shall not be located on the building fagade facing X High Ridge Road. Approval of this site plan is contingent upon the approval of the request for the Community Design Plan Appeal (CDPA 02-002). COA 12/20/02 3 DEPARTMENTS INCLUDE REJECT 14. The total future mezzanine area is 30,150 square feet; therefore the total X building area shall not exceed 139,500 square feet. Also, the site plan tabular data needs to accurately reflect all proposed building areas, including space designated for mezzanine area. 15. Eliminate the symbol for the freestanding outdoor lighting fixtures on all X plans as only wall packs are proposed. 16. Show all proposed wall signage, including the lettering style, color, and X signage area. The maximum wall signage area shall be based upon the linear frontage of the two (2) buildings plus the depth (north elevation) of Building "B". 17. A directional sign is permitted provided that it does not exceed four (4) X square feet in area or five (5) feet in height with a limit of four (4) signs per lot. It/they must be located at points of parking lot ingress and egress (Chapter 21, Artiele IV, Section 2.F.). Show the location of the directional sign(s) on the site plan. 18. The monument sign will be required to be located at least 10 feet from the X east property line with shrubs installed at the base. Staff recommends reducing the overall height of the monument sign from 11 feet - five (5) inches to 10 feet. 19. Show the location of the directory si~n on the site plan. X ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS: Comments: 20. None X ADDITIONAL CITY COMMISSION CONDITIONS: Comments: 21. To be determined. MWR/elj S:U=lanning\Shared\Wp~ProjectsU-ligh Ridge Commerce Park All Folders~High Ridge Commerce Ctr. #2~V6P 02-019\COA.doc DEVELOPMENT ORDER OF THE CI')'Y' COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: High Ridge Commerce Center #2 APPLICANT'S AGENT: Winston Lee, ASLA, AICP / Winston Lee & Associates, Inc. APPLICANT'S ADDRESS: 1532 Old Okeechobee Road #106 West Palm Beach, FL 33409 DATE OF HEARING BEFORE CITY COMMISSION: January 7, 2003 TYPE OF RELIEF SOUGHT: New Site Plan LOCATION OF PROPERTY: Southwest comer of Miner Road and High Ridge 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, Flodda 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:~=,ianmng~,SHARED~WP'~PROJECTS~High Ridge Commm'ce Pad( All Foldem'~High Ridge Commerce Cb'. ,i~N',JWSP 02.019~X),cloc VII.-CONSENT AGENDA ITEM D.4 CITY OF BOYNTON BEA AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetin~ Dates in to City Clerk's Office Meetin~ Dates in to Civ¢ Clerk's Office [] December 3, 2002 November 18, 2002 (Noon) [] February 4, 2003 January 21, 2003 (Noon) [] December 17, 2002 December 2, 2002 (Noon) [] February 18, 2003 February 3, 2003 (Noon) [] January 7, 2003 December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003 (Noon) [] January 21, 2003 January 6, 2003 (Noon.) [] March 18,. 2003 March 3, 2003 (Noon) [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unf'mished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the January 7, 2003 City Commission Agenda under Consent Agenda. The Planning and Development Board with a 5 to 1 vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-290. EXPLANATION: PROJECT: High Ridge Commerce Center #2 (ZNCV 02-015) AGENT: Winston Lee & Associates, Inc. OWNER: David & Leighan Rinker LOCATION: Southwest comer of High Ridge Road and Miner Road DESCRiPTION: Request relief from the City of Boynton Beach Land Development Regulations, Chapter 7.5, Article II, Landscape Code, Section 3, B.4. to allow parked vehicles to encroach two (2) feet into a seven (7) foot landscape buffer area required by code for manufacturing/industrial building in a M-1 zoning district. PROGRAM 1MPACT: N/A FISCAL IMPACT: ALTERNATi~/p 1~ De~(~q~pm'ent'~epa~a-a'~e~t Dirgctor ' - City Manager' s Signature Planning and Zoning~)irector City Attorney / Finance / Human Resources S:kPlanning\SHARED\WPkPROJECTSkHigh Ridge Commerce Park All FolderskHigh Ridge Commerce Ctr. #2XZNCV 02-015',Agenda Item Request High Ridge Comm.Ctrg2 ZNCV 02-015 - l-7-03.dot S:kBULLETINkFORMSkAGENDA ITEM REQUEST FORM.DOC 12/23/2(~02 12:89 1-561-689-5559 WINSTON LEE PAGE 81 IyVinston loee . Associates, Inc. L~d PI~ I I II I I I I DAT~: Oe~m~r 2~, 2002 TO: Eric ~ohn,on cc: Seth Wi~ Balm Han~n FROM: Joni Brinkman, AIOP t , " RE: High Ridge Commerce C, enter II Our File No. 02-022 No. of'Pat~s (,inCluding cover): 1 This memo shall serve as a request to postpone the above referenced variance, community design standard waiver, and site plan approval from the January 7, 2002 City Commission meeting to the January 2t. 2002 Commission meeting, Please call with any questions. PLANNING AND ZONING DEP_T 1532 Old Okc~hobe~ Road, Suito 106, W~ ~ B~, ~ 33~9-~270 561~9~70 · F~561~89-5559 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 02-290 STAFF REPORT FOR PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION Meeting Date: December 19, 2002 File No: ZNCV 02-015 (vehicle encroachment in landscape buffer) Location: Southwest High Ridge Road and Miner Road, Boynton Beach, FL. Agent/ Applicant: Winston Lee, ASLA, AICP, Winston Lee & Associates / Levitt Corporation Owner: David and Leighan Rinker. Project: High Ridge Commerce Center #2. Variance Request: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 7.5, Environmental Regulation, Article II Section 3, B. 4., to allow parked vehicles to encroach two (2) feet into a seven (7) foot landscape buffer area required by code for a manufacturing/industrial building in a M-1 zoning district. BACKGROUND The site is located on the southwest comer of High Ridge Road and Miner Road (see Exhibit "A" - Location Map). The applicant and contract purchaser is concurrently requesting approval of a site plan (NWSP 02-019) to construct two (2) single-story light industrial / manufacturing buildings, which will total 1091350 square feet on the above-referenced parcel (see Exhibit "B" - Proposed Site Plan). Individual tenants within each bay may build their own future mezzamne area. According to the site plan tabular data, the collective area of future mezzanine areas will not exceed 30,150 square feet; therefore the total building area shall not exceed 139,500 square feet. A total of 279 parking spaces are required based on one (l) space per 500 square feet of gross floor area. The number of parking spaces provided equals 279 including eight (8) spaces designated for handicap use. All parking spaces will be located around the proposed buildings. All spaces, except handicap spaces will be dimensioned nine feet by eighteen feet (9' x 18'). However, the parking spaces proposed along the eastern landscape buffer are proposed to be nine feet by sixteen feet (9' x 16') with two (2') feet encroachment into the landscape buffer. Therefore a variance approval is necessary to allow parked vehicles to encroach two (2) feet into the required seven (7) foot landscape buffer. The subject property is "A" rated (i.e. Ecosystem of high quality) in the City's Listing of Natural Resource Sites as documented in the Comprehensive Plan. The City's Comprehensive Plan} Policy 1.11.12 states: "The City shall continue to enforce existing development regulations that provide for open space preservation by requiring the preservation of 25% of all "A", "B", and Page 2 High Ridge Commerce Center #2 File No. ZNCV 02-015. "C" rated sites of 10 or more acres. These standards shall be placed as the conditions of approval for development orders and permits where applicable." (see Exhibit "C" - Comprehensive Plan Policy). Furthermore, Land Development Regulations Chapter 7.5, Environmental Regulation, Art IV. Section 6. Preservation of natural resource site states the same requirements (see Exhibit "D" Comprehensive Plan Listing of Natural Resource Sites). The following is a description of the land uses and zoning designation of the properties that surround this site: North: Miner Road fight-of-way, farther north is residential property, in Palm Beach County zoned Single-family Residential (RS); South: Quantum Park Lot 88, future townhouse development, zoned Planned Industrial Development (PID); East: High Ridge Road right-of-way; farther east is developed industrial property, zoned Light Industrial (M-i); and West: Undeveloped residential property in Palm Beach County zoned Single-family Residential (RS). " ANALYSIS. The code states that the zoning code variance cannot be approved unless the board finds the following: a. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. b. That the special conditions and circumstances do not result from the actions of the applicant. c. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. d. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. f. That the granting of the variance will be in harmony with the general intent and purpose of this chapter [ordi~anceJ and that such variance will not be injurious to the area involved ' or otherwise detrimental'fo the public welfare. Staff reviewed the requested variance focusing on the applicant's response to the above criteria contained in Exhibit "E". Staff concurs with the applicant's response to criteria "a "and"b" Page 3 High Ridge Commerce Center #2 File No. ZNCV 02-015. above that there exists special conditions peculiar to the subject parcel, namely configuration of the lot and current City policy and regulations. Staff acknowledges the unique characteristics of the parcel. The parcel is long and narrow in depth. The subject parcel measures approximately 373 feet long by 1,232 feet wide. The site is "A" rated in the City's Listing of Natural Resource Sites of the Comprehensive Plan, which further limits maximum use of this parcel because 25% of the site (2.64 acres of the 10.394 acres) has to be dedicated for preservation. Further, Staff recommended the location of the preserve area along the western property line of the subject property as oppose to any other area in an effort to insure the consolidation of a uniform conservation/preserve tract when the westerly property, located outside of the city limit, would be development in the future. These restrictions add more challenges for developing this parcel. The site configuration does not leave sufficient room to design a building that is economically feasible and meets all Land Development Regulations. The lot layout and the policy and regulations in effect have presented special conditions and circumstances, therefore satisfying criterion "b" above. Furthermore, regardless of what uses are ultimately proposed for the subject property, within the scope of the allowable uses of the M-1 zoning district, the subject variance would likely be required, as the minimum variance needed to make possible the reaso_nable use of the land. With respect to criteria "e" above, which relates to the magnitude and necessity of the variance, the subject property has to set-aside 25% preserve area, which makes a reasonable development scenario on this parcel challen~ng. The building is designed to maximize the site. The lo~cal design of the structure on this long and shallow lot includes placing the building centrally on the lot and closer to High Ridge Road. This location is at the eastern portion of the property allowing the preserve area (25% of the site) to be located along the western portion of the site. Alternatively, options for eliminating parked vehicle encroachment in the landscape buffer with the least design impacts appears to be limited to reducing the size of the structure, which would allow off-setting the parking area by two (2) feet to the west. This option would further increase the burden on the applicant to justify the cost of development for this parcel. With respect to impacts on the area, and satisfying criterion "f' above, the variance would be in harmony with the general intent and purpose of the ordinance, which is to provide a visual barrier between the off-street parking and the right-of-way. According to the applicant, the parked vehicles will only overhang the grass area and that the required landscape buffer plant materials will still be provided. It should also be noted that the landscape regulations were recently amended, in part, to increase the width of buffers along streets, from five (5) feet to seven (7) feet. Therefore with the additional two (2) feet of width, adequate buffering will be provided despite the proposed vehicle encroachment. CONCLUSIONS/RECOMMENDATION Based on the analysis contained herein, staff acknowledges that a hardship condition exits. Therefore, staff recommends that the requested variance be approved, thereby allowing parked vehicles to encroach into a seven (7) foot landscape buffer area required by code. Page 4 High Ridge Commerce Center #2 File No. ZNCV 02-015 . No conditions of approval are recommended; however, any conditions of approval recommended by the Planning and Development Board or City Commission will be placed in Exhibit "F"- Conditions of Approval. MDA/S:\Planning~S}'iARED\WI~PROJECTS\I'ti8h Ridge Co,,~,~,c¢ All FoldersX. High Ridge Corr~ercc Center #2~.ENCV 02-015 ',STAFF REPORT.doc Location Map EXHIBIT "A" HIGH RIDGE COMMERCE CENTER #2 PIE) R 1 AA ; ~ - ,, ,,; !SITE M1 ~PARK ~' ' 1000 0 1000 Feet EXHIBIT "C" regulations and performance standards which are related to groundwater protection. Policy 1.11.6 The City shall continue to adopt and enforce regulations to require percolation of the first one-half inch of storrnwater runoff into grassy swales or other landscaped areas, through the enforcement of' pertinent regulations, and require inlets and catch basins to be located in grassy s~vales or other landscaped areas, except on sites of less than one-half acre where the application of this requirement would not be reasonable. Policy 1.1!..7 The City shall, through the enforcement of pertinent regulations, continue to require that property which has been cleared be seeded and mulched within 30 days, in order to minimize blowing soil, unless the developer diligently proceeds with the construction of buildings, infrastructure, or other improvements to the site. Policy 1.11.8 The City shall continue to adopt and enforce regulations, as well as, new or revised policies within, and revisions to the Transportation Element to require that development projects include the provision of facilities for pedestrian and bicycle transportation, and mass transportation, wherever practical, in order to reduce air pollution from automobiles. Policy 1.11.9 The City shall, through the enforcement of pertinent regulations, continue to require that, in the event of prior knowledge of any archaeological site on a development site, or the discovery, of archaeological artifacts during project construction, the developer shall stop construction in that area and immediately notify the Division of Aa'chives, History and Records Management, in the Florida Department of State. Proper protection to the satisfaction of the division shall be provided by the developer. Policy I. 11.10 The City shall annually request local historical societies to review the lists and maps of historic properties contained in the completed historical survey for annual addiQons of eligible properties to these lists and maps. The City Commission shall be allowed to adopt and/or revise the lists and/or maps of historical properties which are shown in the historic survey and the Comprehensive Plan, by resolution for recording with the state. Policy 1. I 1.11 By 2002, the City shall prepare and adopt a historic preservation ordinance to implement the recommendations of the Historic Site Survey. ~olicy 1.I 1.12 The City shall continue to enforce existing development regulations that provide for open space preservation by requiring the preservation of 25% of all "A", "B", and "C" rated sites of l0 or more acres. These standards shall be placed as the conditions of approval for development orders and permits where applicable. City of Boynton Beach I-I0 Date: June 20, 2000 EAR-based Comprehensive Plan Future Land Use Element Amendments 00- l ER Ordinance No. 00-29 EXHIBIT "D" Table 2. Listing of Boynton Beach Natural Resource Sites Site Geographic Area in Summary # l_ocation Acres Evaluation Annotation 1 43.45-08-1 88.6 B Pine Flatwoods and disturbed PF; pond with emergent vegetation. East of High Ridge Country Club. Lift Station #717 is located here. 2 43.45-08-2 29.7 X Residential development in progress. 3 43.45-07-1 52.4 X Cleazed. 4.a.' 43.45-17-I 141.8 A Florida Scrub. County Site "Eco-87 Quantum NE Scrub'. West of [-Ughridge Rd.; Part of thc site is in the Quantum Pazk DRI development. Portions in Boynton Beach and County. 4.b. 43-45-16-3 A Disturbed Florida Scrub corridor. County site "Eco-36 Quantum RR-I95 Route'.. 4.c. 43-45-20-2 A? Resu'icted access. South portion of Quantum DRI development 5* 43-45-16-2 40.1 A Florida Scrub. County site "Eco-36 Quantum High Risk". Part of Quantum Park development both east and west of Hishridge Rd.; road clearing and development in progress. Composite of Quantum sites total 9 listed endangered 6* 43-45-16-5 19.0 A Florida Scrub with disturbed border. County site "Eeo- 34, , Rolling Green Scrub". Endangered species total 8. 7' 43-45-21-1 9.6 A Florida Scrub. County site ."Eco-32, Galaxy Scrub". Endangered species total 9. 8 43-45-20-1 11.2 B Florida Scrub site with scrub oaks of shrub and small tre~ size disturbed by Ix'ails and disturbed borden along RR and 1-95 rights-of-way. County site "Eco-32 Industrial Scrub". 9 43-45-20.4 6.2 D Dense stand of Melaleuca (Melaleuca quinquenervia), Ausualian pine (Casuarina equisetifolia), and Brazilian pepper (Schinus terebinthi£oliu$), and area of grassy and ruderal species. 10 43-45-30-1 21.6 D A mix of Melaleuca and other exotics. 11 43-45-20-5 17.1 D Former Pine Flatwoods now crowded with weeds. 12' 43-45-29-1.1-5,-359.7 A ~ parcels. Disturbed Pine Flatwoods, Florida Scrub, and open grassy with ruderal species. Corridor, western border of I- 95, Eeo-3! Boyaton 7th St Scrub right of way. See text narrative for additional information. 13' 43-45-32-1,-2,4g,9'25.0 A South of Woolbri~ht Road. Pine Flatwoods and open grassy;, disturbed by previous clearing at ground level and entry of ruderal species. County site "Eco-70 N I95-RR 23 Rd Corridor'. No on-site visit. Endangered species total 1. 14' 43-45-32-3 24.1 A A continuation of site #13, County site "Eeo-70 S I95-RR 23 Rd Corridor". No on-site visit. 15' 43-46-05-I 7~0 B Small disturbed Pine Flatwoods ecotone with Florida Scrub. Caloosa Park. Cited for preservation due to locadon within a public park. 16 43-45-31-I 22.4 C Disturbed Pine Flatwoods with exotic weeds. Seen only fi.om Congre.ss Ave. 17 43-45-3 I-2 17.6 X Already Developed. 18 43-45-30-2 17.4 X Already Developed. continued ... -23- EXHIBIT "D" C~TY ~ ~Or~T~ ~EACH I '~ CONSERVATION ELEkENT I 0,~ FIGURE 4 - NArUR~. AESOU~C~S I' U iii ~ w~. ~ ~.. ~ ~. 27 2~ ,, ..... EXHIBIT "E" Veinston Associates, Inc. L,lll(!-,~;I pr2 l..:nd ifiL. :q.~' '." High Ridge Commerce Center No. 2 Miner & High Ridge Road Variance Request to Chapter 7 ~, Article H, Sec. 3.B.4. Request to Allow a Vehicle to Encroach into a Landscaped Area A. That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning distr/ct. Response: This parcel of land is extremely long, and narrow in depth. In addition, the City directed location of the preserve area along the western property line, compounds the design problems associated with the already narrow depth of the property. Therefore, from a design standpoint, this variance will allow for the required buffer plantings to be accommodated in the buffer, while allowing the vehicles to encroach into the grass area. This variance will aid the site desi_m-t in allowing the circulation around the buildings to function more efficiently. B. That the special conditions and circumstances do not result from the actions of the applicant; Response: The configuration of the lot was not the result of the applicant or his predecessors, nor is the location of the area determined by the City to be best su/tabIe for the preserve area. These factors contribute to the site design constraints which necessitate this variance request. C. That granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, buildings or structures in the same zoning district; Response: The granting of the variance will not confer any special privileges and will allow all the buildings on this site to be sited as allowed on other lands within the district. D. That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the Ordinance and would work unnecessary and undue hardship on the applicant; Response: The literal enforcement of the provisions of this chapter, as well as the preserve area requirementS, would deprive the applicant of a reasonable development scenar/o on this parcel of land. !532 Old ()kcechobcc Road. Suite ll}t~. West Palm Beach. FL 3341)9-5270 7:1: zt~l <,l_:~,7t) . m::l.,: <,, i.,,R,)_<.~.za . ,rZ-rn;til' ,.,.. m, rot;,.vla (J ',lc, I cnm EXHIBIT "E" High Ridge Commerce Center No. 2 Miner 8,: High Ridge Road Variance Request to Chapter 7 V:, Article II, Sec. 3.B.4. Request to Allow a Vehicle to Encroach into a Landscaped Area Page 2 E. That the variance ~anted is the minimum variance that will make possible the reasonable use of the land, building or structure; Response: This request is the minimum variance possible to allow tbr the reasonable use of the property. F. That the granting of the variance will be in harmony with the general intent and purpose of this chapter and that such vahance will not be injurious to the area involved or otherwise detrimental to the public welfare. Response: The variance is in harmony with the general intent and purpose of this chapter and is not injurious to the area or detrimental to the public welthre. All the required landscape buff_er plant materials will be provided. It w/ll simply allow the autos to overhang the grass. EXHIBIT "F" Conditions of Approval Project name: High Ridge Commerce Center #2 File number: ZNCV 02-015 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTIL~S Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DMSION Comments: None X PARKS AND RECREATION Cofrar, ents: None X FORESTE1UENVIRONMENTALIST Comments: None X PLANNING AND ZONING ¢ommenB: None X Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. None S:\Planning\SHARED\WP~'ROJECTS~Richardson Duple~.NCV~Condition of Approval.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: High Ridge Commerce Center #2 APPLICANT'S AGENT: Winston Lee, ASIA, AICP/Winston Lee and Associates, Inc. APPLICANT'S ADDRESS: 1532 Old Okeechobee Road, Suite 106, West Palm Beach, FL 33409 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 7, 2002 TYPE OF RELIEF SOUGHT: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 7.5, Environmental Regulation, Article II Section 3, B. 4., to allow parked vehicles to encroach two (2) feet into a seven (7) foot landscape buffer area required by code for a manufacturing / industrial building in a M-1 zoning district. LOCATION OF PROPERTY: Southwest High Ridge Road and Miner Road, Boynton Beach, FL. 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: C~ty Clerk S:\Planning~SHARED\WI:~PROJECTStHigfl Ridge Commerce Cente~ t/2\ZNCV 02-01 VTZ.-CONSENT AGENDA "-ITEM D.5 CITY OF BOYNTON BEAI AGENDA ITEM REQUEST Fu uVl 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 Meetin~ Dates in to City Clerk's Office [] December 3, 2002 November 18, 2002 (Noon) [] February 4, 2003 January 21, 2003 (Noon) [] December 17, 2002 December 2, 2002 (Noon) [] February 18, 2003 February 3, 2003 (Noon) [] January 7, 2003 December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003 (Noon) [] January 21,2003 January 6, 2003 (Noon.) [] March 18,. 2003 March 3, 2003 (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 thc January 7, 2003 City Commission Agenda under Consent Agenda. The Planning and Development 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 02-274. EXPLANATION: PROJECT: Woolbright Medical Building (Freeman) (SPTE 02-002) AGENT: Steven T. Utrecht, P.A. OWNER: Mark and Tasmm Freeman, M.D. LOCATION: Woolbright Road and SW 22na Street DESCRIPTION: Request a second one (1) year time extension of the site plan approval and concurrency certification originally granted on November 8, 2000 and extended to November 8, 2002. Approval will extend the expiration date to November 8, 2003. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVE/~i~~/A Devb~rfieent ~partment birector City Manager's Signature Planning'and Zo,~ fi~ector City Attorney / Finance / Human Resources SSPlanningXSHARED\WPLPROJECTS\Woolbright Medical Building (Freeman)XSPTE 02-002~Agenda Item Request Woolbright Med. Bldg(Freeman) SPTE 02-002 l-7-03.dot S:~BULLETINa~ORMSXAGENDA ITEM REQUEST FORM.DOC ;DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. 02-274 TO: Chairman and Members Planning and Development Board THROUGH: Michael W. Rumpf~'~'L~''~'~ Planning and Zoning Director FROM: Lusia Galav, AICP ~,~'~ Principal Planner'(~ DATE: November 22, 2002 SUBJECT: Woolbright Medical Building (Freeman) SPTE 02-002 NATURE OF REQUEST Steven Utrecht, a gent for property owner, D r. M ark Freeman is requesting another o ne year time extension, of the site plan approval originally granted on November 8, 2000 and extended to November 8, 2002. The property, zoned C-1, consists of 0.39 acres of vacant property located on the northwest comer of Woolbdght Road and SW 22"d Street. If approved, the request would extend the expiration date of this site plan approval, including concurrency certification, to November 8, 2003 (see Exhibit "A" - Location Map). BACKGROUND On November 8, 2000, the City Commission granted site plan approval for the Woolbdght Medical Building; a 7,270 square foot medical office building. The approval was subject to staff comments and included concurrency certification for all applicable levels of service. On October 11, 2000, the Lake Worth Drainage Distdct (L. WDD) reversed its opinion regarding the allowable use of the 20-foot wide area of land located in the rear of the property adjacent to the LWDD Lateral No. 26 canal. The change adversely impacted the approved site plan. On September 18, 2001, the applicant submitted a minor modification request to reconfigure the parking and landscaping on the approved site plan. Staff approved the minor modification on October 10, 2001. The Planning and Zoning Division received the first application for a site plan time extension, on October 22, 2001. On January 2, 2002 , the City Commission granted a one-year site plan time extension to November 8, 2002. As of this date, no building permits have been applied for. ANALYSIS According to Chapter 2, Sec. 5 of the Land Development Regulations, "the applicant shall have one year to secure a building permit f rom t he development department." I t s rates further t hat t he City Commission may extend the approval for one year provided the applicant has filed a request for a time extension prior to the expiration of the odginal approval. In this case, the applicant has met the Memorandum No 02-274 Page 2 Woolbright Medical Building (Freeman) SPTE 02-002 requirement. The Planning and Zoning Division received the application for the second site plan time extension on October 8, 2002, prior to the expiration date. The applicant did execute a Joint Use Agreement with the Lake Worth Drainage District (LWDD) which was signed on April 17, 2002 (see Exhibit "B"). Shortly after the agreement was signed, the applicant, Dr. Mark Freeman entered into negotiations with prospective partners on the site. Apparently these negotiations have not been finalized. Dr. Freeman does not want to go forward with site development until he has an agreement with the prospective partners. The application did not indicate how long these negotiations would take. Staff contacted the applicant to obtain a commitment date regarding finalizing the partnership negotiations and submitting a building permit for the project. The agent, Steve Utrecht, indicated that a sale of the property to another group of doctors was imminent. Staff also contacted the Palm Beach County Traffic Engineering Division to vedfy that traffic concurrency approval is still valid for the project. The original approval letter was dated June 28, 2000 assuming a "Build-out Year:" of 2002. The project still meets concurrency but the applicant will be required to submit a letter to the County requesting an extension of the Build-Out Year to 2003 (see Exhibit "C" - Conditions of Approval). The reason given for this second time extension request is not related to a technical site plan issue but a personal financial issue imposed by the applicant. The Land Development Regulations allow for one time extension and in most cases that is adequate. The City Commission has, on occasion, issued a second time extension. RECOMMENDATION Therefore, staff recommends that this request for a one-year time extension of site plan and concurrency approval be granted, which would extend project approval to November 8, 2003. All conditions of approval that were required by the initial development order must still be satisfactorily addressed during t he building permit process. A n additional c ondition o f approval regarding traffic concurrency is included in the attached Exhibit "C" - Conditions of Approval. Staff would not support a third extension, if so requested, due to the upcoming rewdte of the Land Development Regulations. The site plan should be required to meet all new regulations at that time. S:~PLANNiNG\SHARED\WI:~PROJECTS\WOOL.BRIGHT MEDICAL BUILDING (FREEMAN)\SPTE 02-O0~$PTE-02-O02 STAFF REPORT.DOC Location Map EXHIBIT"A" WOOLBRIGHT MEDICAL BUILDING Palm Be~ch County, Flo~id~ R~R~ TO: LAKE ~ORTH O~INAGE DISTRI~ Delray Beach, FL 33484 PREPARED BY: ~ARK A. PERRY PERRY t KERN, P.A. 50 SE Fou~h Avenue ~e~r~y B~ch, FL 33483 JOINT USE EASE~EN~ A~REE~E~ THiS AG,EEMENT enter~ into this ~of ~~ ~ =~. by ~nd be~een ~KE wOrTH D~INAGE DISTRlO, ~ Special T~in~ Dimrim Florida, whose mailin~ ~ddress is 13081 MilitB~ T~ail, geJr~Y Beach, FJorid~ 3~84, ~erein~er referred tq ~s 'DISTRI~', and WOOLBRIG~ CORP. BEACH, ~ co~oratJon existin~ under the laws of the State Of Florida, whose mailin~ ~ddress is 9776 South MilitaW Trail, Suite O~, 8oynton Be~ch, Florida 33436, herein~er referr~ to ~ -~NDOWNER'. WHEREAS, ~NOOWNER is the owner of ceftin prope~ Iocat~ in Palm Beach CounW, Florida, adjacent to the DISTRI~'S Lateral C~nBI No. 26~ and WHER~S, DISTRI~ owns, controls and maintains that canal identifi~ ~ Lateral C~nal No. 26, which is u~n and within that pro~ own~ by ~NDOWNER~ and WMER~5~ the pa~ies desire to enter into a Joint Use Easement A~reement over, on and upon that prope~ (herein~er referred to 'E~sement Area,) ~ more pa~icuJarly descdb~ on Exhibit 'A' a, ached hereto and made ~ pa~ hereof. NOW, THEREFORE, for Ten Dollars ($10.00) and other ~d and valuable considerations, receiv~ by each pa~ from the other, it is hereby a~r~ ~s follows: 1. The above recitals are true and corre~ and incorporated herein by reference. 2. ~NDOWNER shall, concurrently with the' e~ecution o~ this joint Use Easement A~reement, execute and deliver to the DlSTRI~ an exclusive ~sement over, on and upon that prope~ as more pa~icuJariy described in Exhibit 'B~, subject to the terms and conditions of th~ subj~ Joint Use Easement A~r~ment. 9~706P.01 EXHIBIT "B" 3. LANOOWNEP, shall install landscapin~ pursuant to the plans prepared by Everett H. Jenner, Al.*,, for Job No. 20006 - Woolbright Medical Building, and approved by DISTRICT February 14, 2002. 4. LANDOWNER shall be responsible for obtaining the necessary permits from the appropriate governmental agency for the construction of the project. 5. LANDOWNER shall indemnify and hold harmless the DISTRICT for any and ail damages that may be caused by the DISTRICT to the landscaping, while exe~ising its responsibilities and obligations of the maintenance of its dt~inal',e system. 6. LANDOWNER agrees to indemnify and hold the DISTRICT harmless of ar~ from any and ali liability which the DISTRICT may or could sustain as a result c~ LANDOWNER'S use of the Joint Use Easement Area, includinJ~ but not lirnited to, dama§e or injury to the public or to the Canal structure itself. 7. LANDOWNER shall insure the DISTRICT al~ainst any and all liabilities by a general liability poliCy naminE the LAKE wORTH DRAINAGE DISTRICT as an additional named insured in the amount of ONE MILLION DOLI-A'RS ($1,000,000.00), and that such insurance policy shall be kept in full force and effect durin8 the term of this A§reement and the expenses of same shall be borne by LANDOWNER or its successors and/or assisns. Proof of such covera§e shall be delivered to the DISTRICT within (30) days prior to the annual , renewal date of the policy. In the event LANDOWNER allows said insurance policy to expire, this Joint Use Easement A§reement shall be terminated, and there will be a fee of THREE HUNDRED DOLLARS ($300.00) to have said Agreement reinstated. B. DISTRICT shall have the ri§bt to approve in writin~ the successors and assi8ns of transfer of any ri&hts or conditions contained in this Joint Use E~sement AI~reement, which approval shall not be unreasonably withheld. 9. Notices in conjunction with this Agreement shall be sent by mail to the followin§ addresses unless notified to the contrary: Lake Worth Oraina§e District LWDD: 13081 Military Trail Delr~y Beach, FL 33484 Mark A. Perry, Esq. Copy to: 50 5.E. Fourth Avenue Deiray Beach, FL 33483 2 98,.6706P.01 LANDOWNER: Woolbright Corp. of Boynton Beach 9776 South Military Trail, Suite ID2 Boynton Beach, FL 33436 IN WITNESS WHEREOF, the parties have hereunto executed this Joint Use Easement Agreement the day and year first above written. WITNESSES: LAKE WQ)R~ D RAINAG ~I~,,%TRI CT By: _ L ~ dy Ed~,~ ~' An ~dent ~: ~' "' ,.' OeJrz~ch, FL 33484 ~.:. .'..~ . ~.. :.".: .; .. '' ~ .... .- ~' ~Cr' ., '. -~ :"~ - ' r .'~.- ' ' ~rail "- ~ ..'. 'a 13081 Milita ~ ........... :". Delmy Beach, FL 33484 [Seal] (1) Witness Signature Ptinmd Name of Witness P/meed' I~ame and Title (2) W~n~s Signature Po~ ~ic~ddress EXHIBIT "B" STATE OF FLORIDA ' COUNTY OF P^L~ BEACH : I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared ANDY EDWARDS and WILLLIAM G. WINTERS, the President and Secreta~ respectively, of the LAKE WORTH DRAINAGE DISTRICT, both of whom acknowledged execution the foregoin§ instrument, are known to me, and did not taJ~e an oath. WITNESS _my han~[ and official seal in the County and State last a¢oresaid this the ./? day of ~.~.,..,.~ ,, , 2002. No'r^RY OR ST,', P STATE OF FLORIDA ' COUNTY OF PALM BEACH : I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowled§ments, personally appeared ~_ the President of WOOLBRIGHT CORP. OF BOYNTON BEACH.' He/She is personally known to me or has produced as identification, and who did (did not) take an oath. WITNESS my hand'and official seal in the County and State last aforesaid this the ~ clay of ,,'~-~' .2002. NOTARY PUBLIC NOTARY SEAL OR STAMP 4 98-670~P.01 SKETCH ~F D,-:SCRIP T/ON EXHIBIT "B" SCALE: I'= 20' CANAL , ,o.o' ,.0240'w. ~ ~ _ ~ ~mM~ T~ I~ NOT A SURVEY ~0 ~' ~ THE NORTH IS ASSUMED TO B~AR N. BS'O0'52'[. ~ ~ OESCR~ TION: . ~ ~HE SOUTH ~ FEET OF THE NORTH t~Nr~ ~C~ON BEACH. FIORD4, AS RECORO~ ~ ~ ~ PLA T BOOK 30. RAG~S 12g. THROUGH ~ ~ ~4[ ~CLUStVE. ~ THE PUBLIC ~ .,..~ oo' ~ ~ ~u~ o. E~bC~- ' ~ [ ~ ' ~ DA T~'" 0~. 1~. 20~I ' ~ CER~ ~ ~ - - :_T.A ¢r0c¢T /~cr: EXHIBIT "B" OR Palm Boach County~ Florida R~URN TO: . · ~KE ~ORTH D~INACE De~ Beach, FL PREPPED ~Y: ~K A. PERRY, Pe~ & Schone, P 50 Fou~ Avenue Delray B~ch, FL 33483 PCN EASEMENT DEED THIS EASEMENT DEED, made this '1'V~ day of ~~ .., 2002, by and betweea WOOLBRIGHT CORP. OF BOYNTON B~_ACH, a corporation existing under the laws of the State of Florida, party of the first part, and LAKE WORTH DRAINAGE DISTRICT, a Special Taxing; District of the State of Florida, party of the second part, whose mailin§ address is 13081 Military Trail, Oelray Beach, Florida 33484. WITNESSETH: That party of the first part, for and in consideration of the sum of TEN ($10.00) DOLLARS, and other good and valuable consideration to it in hand paid, receipt of which is hereby acknowledged, has granted, bargained and sold, and by these presents does g;rant, bargain, sell and release unto the party of the second part, its successors and assigns, a · non-exclusive easement for the purpose of providin§ right-of-way for use as a canal and canal related purposes including but not limited to the use of same for ingress and egress purposes, ' excavation, removal of vegetation, irrigation, water control structures, berm and areas for, maintenance and deposit of spoil, all quasi-utility type purposes and for any such other purpose thereunto related or in anywise appertaining; over, across, through and upon, under or 'within that parcel of land located in Palm Beach County, F{orida, described .on Exhibit "A" attached hereto_ and made a part hereof as if recited at length. First party shall grant no other easements, erect no building or effect any other kind of construction or improvements upon the property described in Exhibit "^". Party of the first part does hereby specially warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimin§ by, through or under it, that it has g;ood right alq'd lawful authority to grant the above described easement. Where the context of this easement deed allows or permits, the same shall include the Successors or assigns of the parties. THIS EASEMENT DEED IS SUBJECT TO that Joint Use Easement Agreement entered into between Lake Worth Drainage District and Wooibright Corp. of Boynton Beach, which provides for certain rights for usage to Woolbri~ht Corp. of Boynton Beach. 98.~706P.01 EXHIBIT "B" IN WITNESS WHEREOF, party of the first part has c~used this instrument to be executed in its name by its undersigned, duly authorized officers, and its corporate seal to be hereunto affixed, the day and year first above written. WOOLBRIGI-~' .~y~DRP.~ OF ~NTON BEACH Signed, sealed and delivered Pdn~ N ~'ne. f Printed Name STATE OF FLORIDA : · COUNTY OF PALM BEACH : I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State · and County aforesaid to take acknowled§ment$, personally appeared the President of WOOLBRIGHT CORP. OF BOYNTON , BEACH. He/she is personally known to me or has produced as identification, and did (did not) take an oath. WITNESS my hand and official seal in the County and State last aforesaid this the . ~ day of ~,,~ ., 2002. NOTARY PUBLIC I o~qCli~ NOT,~CY S~ J Nota~ Stamp or Seal 98-6706P.01 · 2~2 1~:18 561~-5~ 4 LAKE WORTH ~°~'° SKETCH ~ ~Esc~iP T/ON , EXHIBIT "B" SCALE: 1' = 20' _(~ CA NAL ,o.o' or L~o~Tr. I' AINA C£ O~S TR/¢ T) ~ LE~L~. CITY OF BOYNrON ~ PLA T BOOK JO. PAGES 129 THROUGH . 10.00' ~ m ' ' '" "' ...... :~ ~ .... .,.........,. .., ~ O~ rE: OCT. ~. 200~ S.W. 22ND S TREE T su~v~ro~ 2~01 NORTH FEDERAL HIGMEA y ~Z~ /~/ OELRA Y B~ACH FLOR~A NO. 7a--GIS'LA'(N. IO}, (560 27G-450t (561) 7J2-3279 EXHIBIT "C" Conditions of Approval Project name: Woolbright Medical Building File number: SPTE 02-002 Ref~enc¢: Site Plan Time Extension DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X Comments: None X POLICE Comments: None X ENGINEERING DMSION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Cocm-nents: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING (~Qmment~: 1. Applicant must submit a request to Palm Beach County Traffic Engineering X rec[uestin~ an extension to thc "Build-out Year" to 2003 for concurrency Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT approval. Approval must be obtained prior to issuance of a building permit. [ ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:\Planning\SHARED\WP',PROJECTS\Woolbdght Medical Building (Freeman)\SPTE 02-002\CO~,.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE . CITY-OF BOYNTON BEACH, FLORIDA PROJECT NAME: Woolbright Medical Building APPLICANT'S AGENT: Steven Utrecht, P.A. APPLICANT'S ADDRESS: 2295 Corporate Drive Suite 211 Boca Raton, FL. 33431 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 7, 2003 TYPE OF RELIEF SOUGHT: Site Plan Time Extension LOCATION OF PROPERTY: Woolbright Road & 22n~ Street DRAWING(S): SEE EXHIBIT"D" 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, Flodda on the date of heating 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\WI:APROJECTS\Woolbright Medical Building (Freeman)~SPTE 02-002\Develop.Order Form-2002-Revised.doc VI'I'.-CONSENT AGENDA I'TEM D.6 O 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 [] December 3, 2002 November 18, 2002 (Noon) [] February 4, 2003 January 21,2003 (Noon) [] December 17, 2002 December 2, 2002 (Noon) [] February 18, 2003 February 3, 2003 (Noon) [] January 7, 2003 December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003 (Noon) [] January 21, 2003 January 6, 2003 (Noon.) [] March 18. 2003 March 3, 2003 (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 January 7, 2003 City Commission Agenda under Consent Agenda. The Planning and Development 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 02-291. EXPLANATION: PROJECT: Hawks Landing (SBMP 02-004) AGENT: Bradley Miller, AICP / Miller Land Planning, Inc. OWNER: Grayhawk Development Corporation LOCATION: North of NE 16th Avenue, between NE 3rd Court and NE 4t~ Street DESCRIPTION: Request for new subdivision master plan approval for 18 single-family zero lot line homes on a 1.94-acre parcel. PROGRAM IMPACT: N/A FISCAL IMPACT: ALTERNATIVES.'_~1 N/A~ Devel~e(~D~Ipartn~e~t ~Si}ector City Manager's Signatu~re Plan~xing and Zo~(mg ~Director City Attorney / Finance / Human Resources S:~Planning~SHARED\WP~PROJECTS\Hawks Landing~SBMP'~Agenda Item Request Hawks Landing SBMP 02-004 1-7-03.dot S:q3ULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC DEVELOPi;~NT DEPARTMENT MEMORANDUM NO. PZ 02-291 STAFF REPORT PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION December 10, 2002 DESCRIPTION OF PROJECT Project Name/No.: Hawk's Landing / SBMP 02-004 Property Owner: Grayhawk Development Corporation Applicant/Agent: Grayhawk Development Corporation / Bradley Miller, AICP Miller Land Planning Consultants, Inc. Location: North of NE 16th Avenue, between NE 34 Court and NE 4th Street. Land Use/Zoning: Existing: High Density Residential (HDR) / R-3, Multi-Family Dwelling District. Proposed: High Density Residential- (HDR)/PUD Planned Unit Development. Type of Use: Single-family detached zero lot line homes. Project size: Site Area: 1.94 acres (84, 582 square feet) No. of Units: 18 Floor Area: Minimum 1,219 square feet (each unit) Density: 9.27 d.u./ac. Adjacent Uses: (see Exhibit "A"- Location Map) North Developed adult community (Four Sea Suns) designated High Del Residential (HDR) and zoned R-3, Multi-Family Residential; South Developed single-family homes, designated Low Density Residential (LDR, 4.84 dwellings per acre) and zoned R-l-A, Single-Family Residential; East - Right-of-way for NE 4th Street and farther east a nursing home designated High Density Residential (HDR) and zoned R-3, Multi-Family Residential; and West - Right-of-way for NE 3r~ Court and farther west an adult community (Four Sea Suns) designated High Density Residential (HDR) and zoned R-3, Multi- Family Residential. Site Characteristics: The subject property is one (1) vacant, rectangular-shaped parcel totaling 1.94 acres and is currently un~er single ownership. It is pre-cleared and is predominately vegetated with a vadety of overgrown grasses. Proposal: Mr. Bradley Miller, agent for the owner, Grayhawk Development Corporation, is requesting subdivision master plan approval to construct 18 single-family zero lot line homes on 1.94 acres. No recreation amenities are proposed within this development. In addition, since the existing zoning (R-3) does not allow zero lot line single-family homes, a rezoning application (REZN 02-006) is being processed concurrently with this subdivision master plan. The approval of the rezoning application is required as a condition of site plan approval (see Exhibit "C" - Conditions of Approval). 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. At this time, the project is still under review and staff has not yet received confirmation from the Traffic Division that it Page 2 Hawk's Landing - Subdivision Master Plan Staff Report Memorandum No. PZ 02-291 meets the Traffic Performance Standards of Palm Beach County. The Traffic Division must approve the project prior to the issuance of a building permit (see Exhibit "C" - Conditions of Approval). 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 development proposes a pdvate roadway to be located along the north property line between NE 3"~ Court and NE 4th Street. It will have a forty-foot (40) wide ingress/egress drainage and utility easement with 22 feet of paved area. It will provide east/west circulation through the entire project. The 18 proposed houses within this project are located immediately south of this ingress/egress easement. Parking Facility: The 36 parking spaces required for the project have been tabulated based on the applicable two (2) spaces per dwelling unit ratio required by the Land Development Regulations. The project provides a total of 36 spaces. Each proposed house will contain a one (1)-car garage with a one (1)-car ddveway space. The proposed ddveway space will be located within the forty-foot (40) wide ingress/egress drainage and utility easement and south of the four (4) foot sidewalk. An administrative waiver through the Engineering Department is required to allow parked vehicles to overhang into the ingress/egress drainage and utility easement. This circumstance is by virtue of the project depth, which precludes adequate lot depth and separation of the lot and the ingress/egress utility easement. Spaces within garages are dimensioned twelve feet by twenty feet (12' x 20'). Landscaping: The landscaping of the site will fully meet code requirements when staff comments are incorporated. Entry landscaping at NE 3rd Court and NE 4t~ Street, will include six (6) Purple Glory trees, twenty (20) Simpson Stopper and fifty- (50) Dwarf Fakahatchee Grass. The landscape material proposed in the front of each house will consist of a Mahogany tree or a Gumbo Limbo tree, Peregdna, Simpson Stopper, Dragon Plant, Giant Monkey Grass, and Hawaiian Ti plants. Additional optional trees (i.e. Mahogany and Green Buttonwood Trees) are proposed along the south property line. Building and Site: Development' of the proposed product - single-family zero lot line homes - requires rezoning to PUD so that the flexible development regulations could be applied. Building and site regulations will be fully met when staff comments are incorporated into the permit drawings. As proposed, the project will include three (3) housing types labeled House Type A (1,654 Square feet), House Type B (1,336 Square feet), and House Type C (1,219 Square feet). Each unit is composed of three-bedrooms, 2 bathrooms with a one (1) car garage. The maximum building height for the proposed homes will be twenty-five (25) feet, one (1) story. The typical lot dimension is 40 feet wide by 92 feet deep for lots 2 through 9. Lots 1 and 18 offer greater size because of their corner location and increase side corner setback. However, lots 10 through 17 will be configured differently because of the offsetting to the south of the proposed forty-foot (40) wide ingress/egress drainage and utility easement, which starts in front of lot 10. The dimensions and property lines for the lots of the entire project are proposed to be located outside of the easement. Community Design: The houses developed in the surrounding area are typical of a single-family subdivision without common architectural character, but instead reflect personal owners preference. The proposed zero lot line houses have a traditional design with modem lines and some architectural detailing including entry columns and facades finished in stucco. The selected color-palette proposed will vary from "Dromedary Camel", "Roasted Almond", "White Wool", "Greenish", and "Antoinette Peach" with accent color tones in gold, ivory, lime, sundew, Page 3 Hawk's Landing - Subdivision Master Plan Staff Report Memorandum No. PZ 02-291 asparagus and organdy Benjamin Moore. The roofs will be asphalt shingle Grey or Tan in color depending on the color palette selection. Signage: No project signs are proposed at this time. Any future signage will require separate review and approval by the Planning and Development Board (see Exhibit "C"- Conditions of Approval). RECOMMENDATION: Staff recommends that this subdivision master plan request be approved, subject to the comments included in Exhibit "C" - Conditions of Approval. The Technical Review Committee (TRC) recommends that the deficiencies identified in this exhibit be corrected on the set of plans submitted for building permit. MDA J:\SHRDATA\Planning~SHARED\WI~PROJECTS\Hawk's LanaingtSBMP 02-004~STAFF REPORT.aoc Location Map ~X~"A" Hawk's Landing PUD R3 ' ' ~ ~"-R3 '"" ,,.,T. :RIA :,,~ , ,, ~ ~R1AI .~ ~ .~!' C3 hiF- 16TH AVE I~ I~ Frl I"FI I'~ '; , -.. ; , 400 o 4GO Feet EXHIBIT "B" -- F.. -.:,I ...... ,'-~--- :7: ~' , i;: .... ,-~--;~'- i"- ~ , ','T~-,..- -- ~- ~ l'.t. ': ! ..... ::.'i ,~ ~ '" · ' ~1 t Ii~11~ I"t' -';"-. ~ : -, ,, ' !J ~: EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" I ~ i~ i~',"]' '""' --,i,- '"l' l "' 'i 1' ~ ~ ,' ill '" ,I' ,~: '" ,I-;il "4 :, ~,~,,,, ,, ,..., .... ,.. ,.... It iit~l ~,,~'i ,, ,,-,I . !ii 1,: :, *i! '~"~'*' '""; i :ii' - · ,, I .. ~,',, ~Ii, i'as ~'? ~j I~1' · '' '~ JlIAh'K'S LANDING P.U.I). , EXHIBIT "B" EXHIBIT "B" :,~ a I~' -. i ~::~: ' ~ll;/ , '~../' : ~,'1:!,' ~,! ' ,, , .~ .,~: ~ ~.~ ~" ~, !~I iiiii~i~ ,,!It. 'l ' ! I I l ~i11111 ~! '"::.i.~;;i;,"] ,, :! ~J ' Pi I Id[,' I'P~ ~'i'~" ' lI ' ' '1 I ' '~ Il , ' ,' i ~ I'll "," '' I' I~im~., ,., ~l i~1.~, ~i T~ ~ ,,~, ,, . ~...-~, miil~lm~lll')'" ~,= !, ~i),,~ ""~ ' " ~ ; T~~ ilii "''' '" I. :,,~ ~ :lle -I , I Il, I'~ II~it1~,; , ,,~'il !1!) ) ' ' ~ ' ' -),'1~) EXHIBIT '"B" . ..~ .., ~ GREYHAWK DEVELOPMENT CARTER & ASSOCIATES t} ]'~1 Ir' /'1 ] Hawks Landing LANDSC^PEARCHITECTS. INC. ~ ~C:t% ~ C)~l~iy B~:~, FI. 5~1272.9621 EXHIBIT "B" Ilillllii~[llliil'";i;;l, it,, ..~,,,:.,,,, i Iii ~i~~,~;,. . ,.. ,.~,-;*' .qi! tlJl,llll!!ll!!hl!lll!i "";'"'""'"'""'"'"' !Ii l~! iiiili I!Ililti1 l[ i lll!!tl~il-~- ':"'":":':"'"'"""'"' i~!I!"'" *:'';,.' '" """'"'"""'"'"" ,,: :',~,'" ,ii. ,, .,' ~ :, · ,. ] [[,!, t~ l:~l t iMI!ll !!II ~, '":,, ..... .,,.: ""' !I ~,'?! I ti, I , .,I · [," :':"",';~ Iit,:: ~i---::'"i i,~ii;l :it i ~i,,i,,,~,!:,,,!..-~, ,, ~I ..,... ,41 h !lillbll i llb I ~I ~ ~ * i ~ ~ ! II-I~l I i .. II il ,', . i.'1i', i i i'" ~ !: !,.,,!:, ~, :!!l I! i1! I:!1il ~;I,' Il GREYHAWK DEVELOPMENT CARTER & ASSOCIATES Hawks Landing LANOSCAPE ARCHITECTS, INC EXHIBIT "B"' EXHIBIT "B" ~ ~ ~ i'E ~ : ~--. THE DUTCHMAN BOYNTON BEACH FLORIDA EXHIBIT "B" EXHIBIT "B" a ' ],,'"' '%1 ~t ~ ~ ~ THE KEYSTONE BOYNTON BEACH FLORIDA EXHIBIT "C" Conditions of Approval Project name: Hawks Landing File number: SBMP 02-004 Reference: 2~ review plans identified as a Subdivision Master Plan with a December 5, 2002 Planning & Zoning date sramv ....... 9' DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: 1. Upon approval of the master plan the applicant shall submit the plat and civil X plans in accordance with the LD1L Chapter 5, Article IV. BUH~DING DMSION Comments: 2. Identify within the site data the finish floor elevation (lowest floor elevation) X that is proposed for the buildings. 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 31 of the 2001 Florida Building Code]: a) The design professional-of-record for the project shall add the following te~t 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 EXHIBIT "C" Conditions of Approval Project name: Hawks Landing File number: SBMP 02-004 Reference: 2~d review plans identified as a Subdivision Master Plan with a December 5, 2002 Planning & Zoning date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X Comments: None X POLICE Comments: None X ENGINEERING DMSION Comments: 1. Upon approval of the master plan the applicant shall submit the plat and civil X plans in accordance with the LDR, Chapter 5, Article IV. BUILDING DIVISION Comments: 2. Identify within the site data the finish floor elevation (lowest floor elevation) X that is proposed for the buildings. 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 31 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 Manasement District's surface water management construction Conditions of Approval Z 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). 3. At time of pctn-,it review, submit signed and sealed working drawings of the X proposed construction. PARKS AND RECREATION Comments: 4. The plans indicate that there will be 18 single-family units in this X development. According to Chapter 1, Article V, of the Land Development Regulations, the formula for single family homes is applied towards the calculation of the Park and Recreation Facilities Impact Fee as follows: a) 18 multi family units X $940 each = $16,920 The fee is due at the time of the first applicable building permit. ~- FORESTER/ENVIRONMENTALIST Comments: 5. All trees listed should be a minimum of 12 feet - 14 feet in height, with 3 X inch caliper at time of planting. PLANNING AND ZONING Comments: 6. The approval of this subdivision master plan is contingent upon approval of X the request for rezoning to a Planned Unit Development (PUD). 7. The project must obtain approval from the School District of Palm Beach X County regarding school concurrency prior to the issuance of a building permit. 8. The traffic statement must be reviewed and approved by Palm Beach County X Traffic Division priOr to issuance of a building permit (Chapter 4, Section 8.F.) DEPARTMENTS INCLUDE REJECT 9. All required trees shall be a minimum 12 feet overall height with a three (3) X inch caliper when planted (Chapter 7.5, article II, Section $.C.2.) 10. Re-plat is required prior to issuance of building permit. X 11. On the site plan/master plan, show the location of all outdoor freestanding X lighting poles. Provide a typical drawing that includes the height and color/ material of all proposed freestanding outdoor lighting poles. 12. No signage is shown on the plans for this proposed subdivision. Any X proposed sign will require separate review and approval by the Planning & Development Board. 13. 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). 14. Submit a color sample/swatch of all major exterior finishes. Each sample and X /or elevation shall include the manufacturer's name and color code. 15. The Future Land Use Designation for this property is High Density X Residential. Correct the site data accordingly. 16. Correct note #5 on sheet SP1 to indicate that an "ingress/egress .utility ' X easement will be dedicated on the plat. 17. An administrative waiver is required from the City Engineering Department X to allow the surface parking space for each unit to encroach into the proposed ingress/egress/utility easement. 18. Site plan and floor plan pages indicate different unit sizes, and floor plan X pages do not label the unit versions to match the Housing types ("A", "B", and "C") labeling shown on site plan. Revise pages to correctly and consistently show unit size and labeling. 19. On the site plan (Sheet SP1) provide lot dimensions for each lot and label X accordingly. 20. Staff recommends the removal of the prohibition of patios and decks to allow X the creation of simple outdoor seating areas. 21. To insure affordability the developer shall consider the benefit of a shared X well and single timer to insure proper and constant irrigation for the proposed landscaped area for the entire project. 22. Below ground utilities are encouraged. However, above ground mechanical X equipment such as exterior meters, utility boxes and transformers shall be visually screened (Chapter 9, Section 10.C.4.). Equipment placed on the walls of the building shall be painted to match the building color. 23. To maximize affordability, energy efficient should be considered, providing a X minimum of 12 SEER or greater AC systems. Conditions of Approval DEPARTMENTS INCLUDE REJECT ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. Delete comment # 5 as it duplicates comment # 9, X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S :~ot anning~SHARED~W FAPROJ ECTSV,-.law~ Landing~SB MI:~COA.dOC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Hawks Landing APPLICANT'S AGENT: Bradley Miller, AICP/Miller Land Planning Consultants, Inc. APPLICANT'S ADDRESS: 298 Pineapple Grove Way DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 7, 2002 TYPE OF RELIEF SOUGHT: Request for subdivision Master Plan approval for 18 single family- detached zero lot line homes on 1.94 acre parcel in a proposed PUD zoning district. LOCATION OF PROPERTY: North of 16th Avenue, between 3"~ Court and 4th Street DRAWING(S): SEE EXHIBIT "B" A'I-i'ACHED 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 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:~Ianning\SHARED\WP~PROJ ECTS\Hawks Landing\SBMP\DO,doc VII.-CONSENT AGENDA ITEM F 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 [] December 3, 2002 November 18, 2002 (Noon) [] February 4, 2003 January 21, 2003 (Noon) [] December 17, 2002 December 2, 2002 (Noon) [] February 18, 2003 February 3, 2003 (Noon) [] January 7, 2003 December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003 (Noon) [] January 21,2003 January 6, 2003 (Noon.) [] March 18,. 2003 March 3, 2003 (Noon) [] Admimstrative [] Development Plans .-~ . .~. NATURE OF [] Consent Agenda [] New Business :~" '; '~ AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfmished Business co [] Announcement [] Presentation [] City Manager's Report F~ '.~ RECOMMENDATION: Approve payment to Aether Systems, Inc. in the amount of $26,109.00 EXPL.~d~ATION: Cit~ Commission must approve any bills over $10,000 PROGR.a~V[ IMPACT: Software maiuteuauce agreement for Police Dept. computer system for time period of 11/01/02 to 10/31/03 ~I$C.~d~ IMPACT: Account #001-2110-$21-46-91 Approved in 2002/2003 budget is $26,109.00. .ad. TERNATI¥1~$: ~J~' l~- '"~"a~' City Manager's Signature - Department Head's Signature Department Name City Attorney / Finance / Human Resources S:~BULLETINLFORMSXAGENDA ITEM REQUEST FORM.DOC 'CITY OF BOYNTON BEACH CITY COMMISSION AGENDA APPROVAL OF BILLS JANUARY 7, 2003 1. Aether Systems, Inc ............................................................................. 26,109.00 Pay from Repair/Maintenance Servs/ Software Maintenance Account 001-2110-521-46-91 THESE BILLS ARE APPROVED AND VERIFIED FOR PAYMENT BY THE DEPARTMENT HEADS INVOLVED. DIANE REESE, FINANCE DIRECTOR Form No. 121 CITY OF BOYNTON BEACH DIRECT PAYMENT REQUISITION Please issue a check in the amount of $ 26,109.00 v # 7566 TO: Aether Systems, Inc. P.O. Box 406223 Atlanta, GA 30384 FOR: Inv.# 9831 Software Maintenance Cerulean Mobile computer communication vehicle Requested By: Michael L. Munro Date: November 26, 2002 Approvals: FUND DEPT BASIC ELE OBJ AMOUNT 001 2110 521 46 91 26,109.00 Dept. Head ~-" Finance Dept. ~0 ~ City Manager 26,109.00 ' ErHER INVOICE Invoice No.: ~,o~e eo~r, men: mw~s~oo Invoice Date: 10/21/02 ~ ~c~ a ~-~ Customer ~: Page ~: ~ Nickerson Road Terms: ~rl~rough, ~ 01752~94 End User: ~O~0~ $0~0~000 fax Accounts Payable Boynt°n Beach Police Dept. 100 East Boynton Beach Blvd. Boynton Beach, FL33425 Invoice Description: Maint. Agr. 11/1/02 - 10/31/03 Description Quantity ~ ------=-- Unit Price Extended BOYN?01 Boynton Beach, FL P.D. 1.00 26,109.00 26,109.00 Please ,ore NEFF remitttmce addre I I Aether Systems, Inc. ..To~al $2 6,109.00 P.O. Box 40622~ Atlanta, GA 303~223 Tax Id S~2261969 VII.-CONSENT AGENDA ITEM G. 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 ~ i_nto C~ ~ Ln to ~erk's Off~c_ e [] December 3, 2002 November 18, 2002 (Noon) [] February 4, 2003 January 21,2003 (Noon) [] December 17, 2002 December 2, 2002 (Noon) [] February 18, 2003 February 3, 2003 (Noon) [] January 7, 2003 December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003 (Noon) [] January 21,2003 January 6, 2003 (Noon.) [] March 18. 2003 March 3, 2003 (Noon) [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Unfinished Business [] Bids [] Presentation [] Announcement [] City Manager's Report RECOMMENDATION: Approve payment to Sonneborn, Rutter, Cooney, Klingensmith & Eyler for professional services regarding lawsuit Manzanarez vs City. EXPLANATION: Attorney's fees relative to lawsuit brought on behalf of a child who was hit by a police officer. Officer struck child on bicycle at corner of Boynton Beach Blvd and Federal Highway FISCAL IMPACT: Budget $ 250,000.00 Expend Y-T-D 39,692.62 Current Expend 20 040.06 Balance $190,267.32 ALTERNATIVES: None ~~_~~ , ;'~ .. ~._~ ; _~ ~_~ City Manager's Signature Department Head's Signature City Attorney / Finance / Human Resources Department Name S:~BULLETIN~FORMSXAGENDA ITEM REQUEST FORM.DOC 'CITY OF BOYNTON BEACH CITY COMMISSION AGENDA APPROVAL OF BILLS JANUARY 7, 2003 1. Sonneborn, Rutter, Cooney, Klingensmith & Eyler 20,040.06 Pay from Professional Services/ Legal Fees and Costs 522-1710-519-31_11 THESE BILLS ARE APPROVED AND VERIFIED FOR PAYMENT BY THE DEPARTMENT HEADS INVOLVED. DIANE REESE, FINANCE DIRECTOR '' F~.12% CITY OF BOYNTON BEACH DIRECT PAY~rm'NT REOUISITION Please issue a check in the amount of $ 20,040.06 TO: Sonneborn, Rutter, Coo~nsmith & E~/ler P. O. Box 024486 West Palm Beach, FL 33402-4486 FOR: Manzanarez vs COBB - _ ~\ - . . · Requested By: Risk Management Date: December10,2002 Approvals: FUND DEPT BASIC ELE OBJ AMOUNT 522 1710 519 31 11 20,040.06 Dept. Head ~~ Finance Dept. -- City Manager ~~ 20,040.06 VII.-CONSENT AGENDA O CITY OF BOYNTON BEAC! ITEM H. AGENDA ITEM REQUEST FO x v, Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to Ci Clerk's Office Meeting Dates in to CiW Clerk's Office [] December 3, 2002 November 18, 2002 (Noon) [] February 4, 2003 January 21, 2003 (Noon) !~;~ December 17, 2002 December 2, 2002 (Noon) [] February 18, 2003 February 3, 2003 (Noon) / January 7, 2003 December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003 (Noon) [] January 21, 2003 January 6, 2003 (Noon.) [] March 18,. 2003 March 3, 2003 (Noon) [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfmished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve a donation from monies received from Local Confiscated Funds to The Juvenile Transition Center, Inc. of Boynton Beach, in the amount of $4,000.00. EXPLANATION: The Juvenile transition Center has requested a donation for sponsorship for the Encouraging Students Through Education, Employment, & Mentoring. This donation complies with Florida Statute 932.7055(4)(c). PROGRAM IMPACT: Without the donation The Juvenile Transition Center will have difficulty funding their projects this year. FISCAL IMPACT: Local Confiscated Funds are available in account 691-5000-590-04-54 $46,486.00. Total donation $4,000.00 Funding requested will have no fiscal impact on our budget. ALTERNATIVES: Police - - - Department Name t// C~ty Att~ / Finance / Human Resources S&BULLETIN\FORMS',AGENDA ITEM REQUEST FORM.DOC At the Ezell Hester CommRRity Center 1901 N. Seacrest Boulevard Boynton Beach, Florida 33435 OFFICERS Stephanie Mingo-McKoy, President BOARD OF DIRECTORS Lester Lockett, Chairman Carl G. McKoy, Vice-President Christopher Deliso, Secretary Priscilla B. Maloney, Treasurer October 16, 2002 Marshall Gage Chief of Police Boynton Beach Police Department 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 Dear Chief Gage: Thank you for your recent committment for a financial contribution to the E.S.T.E.E.M. (Encouraging Students Through Education, Employment & Mentoring) year-round program. The $4,000 request will help support the expenses associated with the Sixth Annual Educational Fair on November 22-24, 2002 in Orlando, Flor/da. The E.S.T.E.E.M. Participants have worked diligently in their academic studies and equally as hard in their community. With the support of the Boynton Beach Police Department, the requested funds will defray the cost of transportation, accommodations, events and/or meals for the thirty (40) selected youth. Thank you for realizing the significance of motivating our youth and your continued community support. SinTrely, 12/1712002 Police Departrntmt~F°rfeitore Donation $1,000.00 07/12/01 Florida Missing Children Day $1,000.00 09/27/02 Florida Missing Children Day $2,500.00 07/17/98 Gulf Stream Council Boy Scouts $2,500.00 05/17/99 Gulf Stream Council Boy Scouts $2,500.00 04/12/00 Gulf Stream Council Boy Scouts $2,500.00 05/04/01 Gulf Stream Council Boy Scouts $2,500.00 05/17/02 Gulf Stream Council Boy Scouts Glades Central High School Criminal Justice Academy $4,000.00 12/17/02 Agenda 12-17-02 $250.00 08/23/00 Jimmy Rice Center Juvenile Assessment Center / Criminal Justice Commission $5,400.00 01/26/01 $3,036.00 03/17/99 Kids in Distress Lake Worth High Criminal Justice Academy $5,000.00 12/19/00 Lake Worth High Criminal Justice Academy $5,000.00 03/08/02 On-Campus Intervention Program S. County Mental Health ~16,500.00 01/26/01 $700.00 10/31/98 The Juvenile Transition Center $2,000.00 05/24/99 The Juvenile Transition Center $2,799.00 01/14100 The Juvenile Transition Center $2,500.00 10/04/00 The Juvenile Transition Center $4,000.00 05/25/01 The Juvenile Transition Center The Juvenile Transition Center ESTEEM Program $5,000.00 08/07.J02 The Juvenile Transition Center ESTEEM Program $4,000.00 12/17/02 Agenda 12-17-02 $2,000.00 08/07/98 We Change $2,000.00 11/24/98 We Change $3,785.00 03/09/00 We Change YMCA of Boynton Beach $5,000.00 12/21/01 VTI.-CONSENT AGENDA I'TEF4 z. qbe ~uveni~e Transition Center, ,,~.~ ..... 1901 H. Seacrest ~lvd CBoynton CBeacli, GL 33435 (561) 742-6556 December 3, 2002 Scope Of Services Targeted Population- In-school youth ages 13-18. Operations Hours-The ESTEEM program times are from 3pm-6pm Tuesday-Thursday. Services to be Provided-The ESTEEM youth will be given assistance on their homework assignments, offered tutoring in the subject areas where they're deficient, offered computer refreshers and an opportunity to earn field trips contingent on their attendance and academic achievement (measured by their program progress and report cards). TIMELINE FOR SERVICES Anticipated Date Telephone Services=$2,$00 The day a contract is executed Accounting Services=S2,000 The day a contract is executed Insurance=S3,000 The day a contract is executed Should your office require additional information, please feel free to contact our office. VII'.-CONSENT AGENDA ITEH I. CITY OF BOY. TON 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 [] December 3, 2002 November 18, 2002 (Noon) [] February 4, 2003 January 21,2003 (Noon) [] December 17, 2002 December 2, 2002 (Noon) [] February 18, 2003 February 3, 2003 (Noon) [] January 7, 2003 December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003 (Noon) [] January 21,2003 January 6, 2003 (Noon.) [] March 18,. 2003 March 3, 2003 (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: Staff recommends the approval of a contract for services for Community Development Block Grant (CDBG) funding for Juvenile Transition Center for Fiscal Year 2002/03 pending HUD authorization t~ EXPLANATION: The sub-grantee will submit required budget, scope of services, and timeline for performance as addendum to the contract for service to be performed. PROGRAM IMPACT: The provision of service to our commumty. This factor meets the City's objectives and priorities as set forth in the Five Year Consolidated Plan. FISCAL IMPACT: A Total of $233,000 has been awarded to sub grantees for fiscal year 2002-03. ALTERNATIVES: None at this time. '3_ Development-Community Improvement Department Name City Attorney / Finance / Human Resources SSBULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC ',.' VIZ.-CONSENT AGENDA ClTY.OF:,BOYNTON BEACH TI'EH C.9 . AGENDA ITEMREQUEST.. FOR v, Requested City '._ Date:.F..j.rml. ~ Form Must be . Requested City. Date Final Form Must Commission Meetina . Turned~n ~o:C[ty Clerk'~ Commission'M~etina'Dat~ Turned iq to Ctty (~lerk's Dates .... 'OffiC~ [] Marcfl 19, 2002 Marc~ 6, 2002 (5:00 p.m.) [] May 21, 2002 May 8, 2002 (5:00 p.m.) [] April2,2002 March 20~ 2002 (5:00p.m.) [] June4;2002 May 22, 2002 (5:00 p.m.) [] Apdl 16,2002 April3,2002 (5;00p.m.) [~]* June18, 2002. . .JuneS, 2002 (5:00 p.m.) [] May7,2002 April17,2002 (5.-DOp.m.) [] July2,2002' June19, 2002 (5:00 p.m.) [] Administrative [] Development Plans NATURE OF [~ Consent Agenda [] New Business AGENDA ITEM [] PUblic Hearing [] Legal [] Bids ' [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Staff recommends Commission approval of the preparation .for final adoption of the City of Boynton Beach's 2002-2007 Community Development Block Grant (CDBG) Five-Year Consolidated Plan to reflect the proposed expenditures as outlined in prOgram impact. EXPEANATION: The City of Boynton Beach is in.its sixth (6~) year of receiv!ng Federal Grant Funds. The Five-Year Consolidated Plan is being develOped with activities listed that show how the uSe of these funds will address, the .needs of the Com~upity.. Pr0P _osalS were ~received as a result: of public advertisement, and were reviewed by a committee comprised of the following citizens and City of Boynton: Beach employeeS: Beverly Agee ................................................................................ Education Advisory Board Ron Washam ........................................................................... Community. Relations Board Shanna St, John .................................................................................. 'YoUth Advisory` Board Dan DeCarlo ....................~ ............................................................. ' Neighborhood Specialist Hannah Matras ........................................................................ Economic Research Planner Octavia Sherrod ............................................................. Community DeveloPment Manager PROGRAM. IMPACT: The Community DevelOpment Block Grant (CDBG) Program's Purlq. ose is to help the City of Boynton Beach meet. the needs of its lower income residents bY. Offering '.a wide range of Community Development Activities. These include, but are not limited to, infrastructure improvements, family development, public services, housing and recreational needs, as well as fund administration by the City. The recommendations for FY 2002/2003 are as follows: : Grant Amount $577,000 Recommendation Aid to Victims of Domestic Abuse 5,000 Committed Citizens Concerned 5,000 About Our Children, Inc. Community Caring Center 15,000 I Have a Dream 5,000 Juvenile Transition Center 7,500 /~-. Mad Dads of Boynton Beach 8,000 · Vetsville Cease Fire House 7,500 Summer Camp Scholarships 15,000 , TOTAL PUBUC SERVICE 68,000 ': ...... CI~*OF~B. OYNTON BEACH AGENDA ITEM*REQUEST FORM Boyntpr~.~'.Faith Based CDC . Not to:be funded Boynton Beach Faith Based CDC 60,000 Heart of.Boynton: PBC Resource-Center Economic-~.ma(I. Business Development 30,000 PBC Resour.c~e;~e .nter Job Training w./PYon'~iAt!anUc ~ Feir:H0using~Cente~ .~ad.~n~tra~vm) 10,000 R~ U. ~,CDC sO,000 Administrative '105~400 *' I~ehabi!!~tion & Dalivery 14.0,000 U~comm~ed fUnds from this grant 83,600 period TOTAL FUNDiNG'FY 200'II2D02 577,000 FISCAL IMPACT: The City of Boynton Beach expects to. receive $577,000 for this program ~o continue its -- ' Community Development efforts. ALTERNATIVES: The City of..Boynton Beach would have* to use ad valorem dollars, or would have to discontinue its revitalization efforts. ' ci{y'~lena§~r'$ $ignaturo Department of Development Division of Community Redevelopment Department Name City Attorney/F'mance I Human, Resources W DEPARTMENT OF DEVELOPMENT DIVISION OF COMMUNITY IMPROVEMENT December 10, 2002 ® Building · Planning&Zoning · Occupa#onalLlcenses · Communilylmprovement Ms. Nora Casal, CPD Representative U. S. Department of Housing & Urban Development Bdckell Plaza Federal Building g0g S.E. 1't Avenue, Room 500 Miami, Florida 33131-3028 , Re: CDBG Sub Grantee - Juvenile Transition Center Dear Ids. Casal, The sub-grantee referenced above provides an after school Technology Based Literacy & Youth Job Training program, with emphasis on academic support and work experience for youth. They have received Community Development Block Grant funding since l ggg. The Vice President of the organization, Commissioner Carl IdcKoy, was recently elected to the City of Boynton Beach Commission, therefore affecting section 511.12 of the Federal Regulations, Conflicts of Interest. The City of Boynton Beach is requesting an exception to this rule for the following reasons: · The City of Boynton Beach uses the competitive request for proposal method for soliciting proposals from sub-grantees, which are reviewed against cdteda and factors evaluated by a panel consisting of individuals from the community as well as City of Boynton Beach staff. · The benefit of this program was present prior to Commissioner McKoy being elected to this position. · Undue hardship will result to this organization, as it serves underprivileged children of the community. The City of Boynton Beach's policy conceming this matter does not prohibit our Commissioner from participating in this program, as it allows him to preclude himself from voting on matters that pertain to this organization. Furthermore, as required by federal regulation, the Commissioner is prepared to provide a discJosure of the nature of the conflict accompanied by an opinion by the City Attorney that this exception does not violate our local laws. Thanking you in advance for your cooperation in resolving this matter. Should you need to contact me for comment~ or questions, please do not hesitate to call my office at (561) 742- 6066. ,Sincerely, Octavia S. Sherrod Community Improvement Manager OSS:dar Cltyof Boyntcm Beach · 100 Ezmt Boynton Beach Blvd., P.O. Box 310 · Boynton Beach, Florida 33425-0310 Phone: (561) 742-6350 · www. boynton-beach.org RESOLUTION NO. R03 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE JUVENILE TRANSITION CENTER, INC., PROVIDING FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING (CDBG); AND PROVIDING AN EFFECTIVE DATE. WHEREAS, City staff has recommended approval of an agreement for services of the Community Development Block Grant funding for the Juvenile Transition Center, Fiscal Year 2002/03, pending HUD authorization. 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 hereby authorizes and directs the execution of the Agreement between the City of Boynton Beach, Florida and the Juvenile Transition Center, Inc., a copy of which is attached hereto as Exhibit "A". Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this __ day of January, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner S:\CA\RESO~Agre0ments\Grants~Juvenile Transition Center Grant.doc Commissioner Commissioner ATTEST: City Clerk Ca/reso/agreements/grants/Juvenile Transition Center S:\CA\RESO~Agreements\Grants\Juvenile Transition Center Grant.doc AGENDA ITEM REQUEST FORM EXHIBIT "A" AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE 3UVENI'LE TRANSI'T/ON CENTER, ];NC. TH:IS AGREEMENT, entered into this ~ day of ,2002, by and between the City of Boynton Beach, a political subdivision of the State of Florida, for the use and benefit of its Community Development Block Grant-Program and The .luvenile Transition Center, :[nc., a non-profit corporation duly organized and existing by virtue of the laws of the State of Florida, having its principal mailing address as Post Office Box 4102, Boynton Beach, FL 33424, and its Federal Tax Identification Number as 65-0770795. Whereas, The City of Boynton Beach has entered into an agreement with the United States Department of Housing and Urban Development for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of the City of Boynton Beach, pursuant to Title ! of the Housing and Community Development Act of 1974, (as amended); And Whereas, certain City of Boynton Beach Citizen Participation Structures, the Commission of the City of Boynton Beach and The .]uvenile Transition Center, :[nc., desire to provide the activities specified in Part :[! of this contract; And Whereas, the City of Boynton Beach desires to engage The .]uvenile Transition Center, ]:nc. to implement such undertakings of the Community Development Block Grant Program. Now, therefore, in consideration of the mutual premises and covenants herein contained, it is agreed as follows: PART ! DEFZNZTZON AND PURPOSE A. Definitions: 1) "City" means City of Boynton Beach 2) "CDBG" means Community Development Block Grant Program of the City of Boynton Beach 3) "C:[D" means Community !mprovement Division 4) "The Agency" means The .luvenile Transition Center, Inc. Page I of 15 5) "C. ID Approval" means the written approval of the Director of Development or d~signee affcer a request or a report has been properly processed in accordance with the CID Policies Procedures 6) "U.S. HUD" means the Secretary of the U.S. Department of Housing and Development or a person authorized to act on U.S. HUD behalf 7) "Low and Moderate Income Persons" means the definition set by U.S. HUD B. Purpose: The purpose of this Agreement is to state the covenants and conditions under which the Agency will implement the Scope of Services set forth in Part II of this Agreement. The beneficiaries of a project funded under this Agreement must constitute a majority (51%) of Iow- and moderate-income persons. PART I! SCOPE OF SERV]:CES The Agency shall, in a satisfactory and proper manner as determined by CID, perform the tasks necessary to conduct the program outlined in the Work Program Narrative and Proposed Budget, Exhibit '%", and submit invoices using the cover sheet in Exhibit "B", both of which are attached hereto and made a part hereof. PART COMPENSA'I'ZON, 'FZME OF PERFORMANCE, METHOD AND CONDI'TZONS OF PAYMENT A. Maximum Compensation The Agency agrees to accept as full payment for eligible services rendered pursuant to this Agreement the actual amount of budgeted, eligible, and Director of Development or designee-approved expenditures and encumbrances made by the Agency under this Agreement. Said service shall be performed in a manner satisfactory to CID. In no event shall the total compensation or reimbursement to be paid hereunder exceed the maximum and total authorized sum of $7,500.00 for the period of October I, 2002 through September 30, 2003. Further budget changes within the designated contract amount can be approved in writing by the Director of Development or designee at their discretion up to ten percent (10%) on a cumulative basis of the contract amount during the contract period. Page 2 of 15 Such requests for.changes must be made in writing by the Agency to the Community Improvement Manager. Budget ~hanges in excess of this ten percent (10%) must be approved by the Commission of the City of Boynton Beach. B. Time of Performance The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project in U.S. HUD Community Development Block Grant No. B-02- MC-12-0043. The effective date shall be October 1, 2002, or the date of release of funds by U.S. HUD, whichever is later. The services of the Agency shall commence upon execution of this Agreement or receipt of an Order to Proceed in writing from CID, and shall be undertaken and completed in light of the purposes of this Agreement. In any event, all services required hereunder shall be completed by the Agency by September 30, 2003. C. Method of Payment The City agrees to make payments and/or to reimburSe the Agency for all eligible budgeted costs permitted by Federal, State, and City guidelines. ]:n no event, shall the City provide advance funding to the Agency or any Subcontractor hereunder. Requests by the Agency for direct payments or reimbursements shall be accompanied by proper documentation of expenditures and shall be submitted to CTD for approval no later than thirty (30) days after the date the indebtedness was incurred. Payment shall be made by the City of Boynton Beach Finance Department upon proper presentation of invoices and reports approved by the Agency and CID. For purposes of this section, originals of invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. :In the case of direct payments, original invoices must be submitted to CTD. Proof of payments to vendors must be submitted in the form of cancelled checks paid invoices and delivery slips if applicable, proof of payment must be received if any additional funds are to be disbursed. When original documents cannot be presented, the Agency must adequately justify their absence, in writing, and furnish copies. Invoices shall not be honored if received by the City of Boynton Beach Finance Department later than thirty (30) days after the expiration date of this Agreement, nor will any invoices be honored that predate the commencement date of this agreement. Page 3 of 15 D. Conditions on which Payment is contingent: 1) Tmplementation of Project According to Required Procedures The Agency shall implement this Agreement in accordance with applicable Federal, State and City laws, ordinances and codes and with the procedures outlined in the CTD Policies, and amendments and additions thereto as may be made from time to time. The Federal, State and City laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth in the CTD Policies and Procedures. No-reimbursements will-be made without evidence of appropriate insurance required by this Agreement on file with CID in accordance with Part IV, Section G of this Agreement. No payments will be made until the agency's personnel policies are approved by the Director of Development or his designee CID Manager. No payments for multi-funded projects will be made until a cost allocation plan has been approved by the CID Manager or his designee and placed on file with CTD. Should a project receive additional funding after the commencement of this Agreement, the Agency shall notify CTD in writing within thirty (30) days of their notification by the funding source and submit an approved cost allocation plan within forty-five (45) days of said official notification. 2) Financial Accountability The City may have a financial system analysis and an internal fiscal control evaluation of the Agency by an independent auditing firm employed by the City or by the City Tnternal Audit Department at any time the City deems necessary to determine the capability of the Agency to fiscally manage the project in accordance with Federal, State, and City requirements. 3) Subcontracts Any work or services subcontracted hereunder shall be specifically by written contract, written agreement, or purchase order and shall be subject to each provision of this Agreement. Proper documentation in accordance with City, State, and Federal guidelines and regulations must be submitted by the Agency to CID and approved by CID prior to execution of any subcontract hereunder. Tn addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted or reimbursed without the prior written approval of the CID Manager or his designee. Page 4 of 15 4) Purchasing All purchasing for s~rvices and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the City of Boynton Beach Purchasing Procedures Manual, Federal Management Circulars A-110 and A-122, incorporated herein by reference. 5) Reports, Audits and Evaluations Payment will be contingent on the receipt and approval of reports required by this agreement, the satisfactory evaluation of the project by CTD and the City and satisfactory audits by the Internal Audit Department of the City and Federal Government if required. All reports (monthly, bi-weekly, etc.) will be due within the time prescribed by this Agreement and the attachments hereto following the execution of this Agreement. 6) Additional CID, CITY and U.S. HUD Requirements CID shall have the right under this Agreement to suspend or terminate payments until the Agency complies with any additional conditions that may be imposed by CID, the City or U.S. HUD at any time. 7) Prior Written Approvals - Summary The following includes, but is not limited to, activities that require the prior written approval of the C1:D Manager or his designee to be eligible for reimbursement or payment: a) All subcontracts and agreements pursuant to this Agreement; b) All capital equipment expenditures of $1,000 or more; c) All out-of-town-travel (travel shall be reimbursed in accordance with the provisions of Florida Statutes, Chapter 112.061); d) All change orders; and e) Requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A. 8) Program Generated Income All income earned by the Agency from activities financed in whole or in part by CDBG funds must be reported to CID. Such income would include, but not be limited to income from service fees, sale of commodities, and rental or usage fees. In addition to reporting said income, the Agency shall report to Page 5 of 15 CID the procedure developed to utilize program income to offset project costs. If program income is used to extend the' availability of services provided by the Agency through this Agreement, the prior written approval of the Director of Development or his designee will be required. Accounting and disbursement of program income shall be consistent with the procedures outlined in OMB Circulars A- 110, and other applicable regulations incorporated herein by reference. 9) Salary Rates and Increases All rates of pay and pay increases paid out of CDBG funds, whether they be for the reason of merit or cost of living increase, are subject to C1;D's prior approval. Pay rates and increases paid out of CDBG funds shall be consistent with the City of Boynton Beach's Personnel Department, and subject to prior established guidelines. PART ZV GENERAL CONDZT'ZONS A. Opportunities for Residents and Civil Rights Compliance The Agency agrees that no person shall, on the grounds of race, color, mental or physical disability, national origin, religion or sex be excluded from the benefits of, or be subjected to discrimination under any activity carded out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the right to terminate this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. B. Opportunities for Small, and Minority/Women Owned Business Enterprises In the procurement of supplies, equipment, construction, or services to implement this Agreement, the Agency shall make a positive effort to utilize small and minority/women-owned business enterprises as sources of supplies and services, and provide these enterprises the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. In the maximum extent feasible, these small and minority/women-owned business enterprises shall be located in or owned by residents of the CDBG areas designated by the City of Boynton Beach in its Annual Consolidated Plan approved by U. S. HUD. At a minimum, the Agency shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. Page 6 of 15 C. Project Beneficiaries At least 51 percent (51%) of the beneficiaries of a project funded through this agreement must be Iow- and moderate-income persons. Since the project is located in an entitlement city, as defined by U.S. HUD, or serves beneficiaries citywide, all of the beneficiaries assisted through the use of funds under this Agreement must reside in the City of Boynton Beach. The project funded under this agreement shall assist beneficiaries as defined above for the time period designated in Exhibit "A" of this Agreement. The Agency shall provide written verification of compliance to CID upon CID's request. D. Evaluation and Monitoring The Agency agrees that CID will carry out periodic monitoring and evaluation activities as determined necessary by CID or the City and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluation will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports and output measures. The Agency agrees to furnish upon request to CID, the City or City's designees and make copies or transcriptions of such records and information in connection with services to be provided hereunder. The Agency shall submit on a monthly basis, and at other times upon the request of CID, information and status reports required by CID, the City, or U.S. HUD on forms approved by CID. Monthly Grantee Performance Reports 4949.2 (Activity Summary) and 4949.5 (Direct Benefit Activities) will be required. This information will include: (1) detailed information on the status of the project(s) and status of funds; (2) the number of clients served by census tracts; (3) the number of Iow-and moderate-income persons; (4) racial breakdown; and (5) the number of female-headed households. In the event that this Agreement should provide funds for capital improvements projects, the Agency shall be responsible for providing all necessary and pertinent information to CID in order to allow for completion of Grantee Performance Reports. However, this exception shall apply only to capital improvements activities. E. Audits and Inspections At any time during normal business hours and as often as CID, the City, U.S. HUD or the Comptroller General of the United States may deem necessary, there shall be made available by the Agency to CID, the City, U.S. HUD or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The Agency will permit CID, the City, U.S. HUD, or the Comptroller General Page 7 of ~.5 to audit and examine all contracts, invoices, materials, payroll, records of personnel, conditions of employment and otl~er data relating to all matters covered by this Agreement. The City will require, in accordance with OMB Circulars A-il0, A-133 and other applicable regulations, the Agency to submit an audit by a Certified Public Account of the Agency's choosing, subject to CID within one hundred and eighty (180) days after the expiration of this agreement. The cost of said audit should be borne by the Agency. The City will be responsible for providing technical assistance to the Agency, as deemed necessary by either party. F. Data Becomes City Property All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled or completed by the Agency for the purpose of this Agreement shall become the property of the City without restriction, reservation or limitation of their use and shall be made available by the Agency at any time upon request by the City or CID. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CID, if requested. In any event, the Agency shall keep all documents and records for three (3) years after expiration of this Agreement. G. Indemnification and Insurance The Agency recognizes that it is an independent Contractor and stipulates or implies no affiliation between itself and the City. The Agency shall indemnify and save the City harmless from any and all claims, losses, damages and causes of actions which may arise out of the performance of this Agreement, including costs and expenses for or on account of any or all suits actual or threatened. The Agency shall pay all claims and losses of any nature whatsoever in connection therewith including costs and attorney's fees, and shall defend all suits relating to this Agreement, and shall pay all costs and judgments which may result. In particular, the Agency will hold the City harmless and will indemnify the City for funds which the City is obligated to refund the Federal Government arising out of the conduct of activities and administration of the Agency. The Agency's aforesaid indemnity and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law, but in no event shall they apply to liability caused by the negligence or willful misconduct of the City, its respective agents, servants, employees or officers, nor shall the liability limits set forth in 768.28, Florida Statutes, be waived. Page 8 of 15 At all times during .the terms of this Agreement, the Agency shall maintain in force Comprehensive General Liability Insurance, including coverage for personal injury, bodily injury, property damage and contractual liability to support the indemnification agreement contained herein. Such insurance shall be in an amount of not less than $1,000,000.00 combined single limit, and coverage shall be evidenced by a Certificate of l~nsurance, which must also provide documentation or workers compensation for your employees to statutory limits. Agency shall provide for thirty (30) days notice of cancellation, non- renewal, or any adverse'change in coverage. H. Maintenance of Effort The intent and purpose of this Agreement is to increase the availability of the Agency's services. This Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this Agreement which is not less than that level existing prior to this Agreement. I. Conflict of Interest The Agency agrees to abide by and be governed by Office of Management and Budget Circulars A-ii0 pursuant to conflict of interest. Said circulars are attached hereto and incorporated by reference herein. The agency further covenants that no person who presently exercises any functions or responsibilities in connection with the CDBG Project, has any personal financial interest, direct or indirect, in the activities provided under this agreement which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the Agency. Any possible conflict of interest on the part of the Agency or its employees shall be disclosed in writing to CID provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement, that maximum opportunity be provided for employment of and participation of lower-income residents of the project target area. .1. Citizen Participation Agency shall cooperate with CID in informing the appropriate CDBG Citizen Participation Structures, including the appropriate Area Committees, of the activities of the Agency in carrying out the provisions of this Agreement. Representatives of the Agency shall attend meetings of the appropriate Committees and Citizen Participation Structures upon the request of CID or the City. Page g of 15 K. Proiect Publicity All facilities purchased or constructed pursuant to this Agreement should be clearly identified as to funding source. The Agency will include a reference to the financial support herein provided by City of Boynton Beach and/or HUD in all publications and publicity. In addition, the agency will make a good faith effort to recognize City's support for all activities made possible with fund available under this agreement. L. Contract Documents The following documents are herein incorporated by reference and made part hereof, and shall constitute and be referred to as the contract; and all of said documents taken as a whole constitute the contract between the parties hereto and are as fully a part of the contract as if they were set forth verbatim and at length herein: l) This Agreement including its Exhibits 2) Office of IVlanagement and Budget Circulars A-110, A-122 and A-:133 3) 'lgtle VI of the Civil Rights Act of 1964, Age Discrimination Act of 1~964, Age Discrimination Act~ of 1975, and Title II of Title VI of the Civil Rights Act of 1964, Age Discrimination the Americans With Disabilities ACt of 1990 4) Executive Orders ll2q6, llq78, 11625, 12432, the Davis Bacon Act of 1988 and Section 109 of the Housing and Community Development Act of 1974 5) Executive Orders 11063, 12259, 12892, the Fair Housing ACt of 1988 and Section 109 of the Housing and Development Act of 1974 6) Florida Statutes, Chapter ll2 and 768.28 7) City of Boynton Beach Purchasing Ordinance 8) Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended 9) The Agency's Personnel Policies and .lob Descriptions :10) The Agency's ~[ncorporation Certificate and Articles of Incorporation :l:l) The Agency's by-laws :12) The Agency's Certificate of Insurance and Bonding :13) Current list of the Agency's Officers and members of Board of Directors 14) Proof of Agency's 50:l©(3) certification from Internal Revenue Service (IRS). All of these documents are filed and will be maintained on file at the office of Community Improvement. One (1) copy of the contract documents :l through 8 will be furnished to the Agency by CID. Items 9 through :14 above shall be transmitted to CID by the Agency. Page l0 of M. Termination - In the event of termination for any of the following all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared and capital equipment secured by the Agency with CDBG funds under this Agreement shall be returned to r the City of Boynton Beach. In the event of termination, the Agency shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the Agency, and the City may withhold any payment to the Agency until such time as the-exact amount of damages due to the City from the Agency is determined. l) Termination for Cause If through any cause the Agency shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Agency shall violate any of the covenants, agreements, .or stipulations of this Agreement, the City shall provide the Agency with written notice specifying the exact nature of the failure or violation. Thereafter, the Agency has (30) calendar days to remedy the failure or violation. !n the event that the Agency does not remedy the failure or violation, within the thirty (30) day calendar period, the City then has the right to terminate this Agreement or suspend payment in whole or part by giving written notice to the Agency of such termination or suspension of payment and specify the effective date thereof, at least five (5) working days before the effective date of termination or suspension. 2) Termination for Convenience At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the City shall pay the Company for services rendered pursuant to this Agreement through and including the date of termination. 3) l:n the event the grant to the City under Title ! of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date U.S. HUD specifies. N. Severability of Provisions If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. Page 11 of 15 O. Leveraging The Agency agrees'to seek additional supportive or replacement funding from at least two (2) other funding sources. This will allow, to the greatest extent possible, the leveraging of U.S. HUD funds. Proposals to other agencies will be made in writing and a copy of such provided to CID. P. Amendments The City may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or U.S. HUD guidelines, directives and objectives. Such amendments shall be incorporated by written amendment as part of this Agreement and shall be subject to approval by the City of Boynton Beach Commissioners. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the City Commission and signed by both parties. Q. Notice All notice required to be given under this Agreement shall be sufficient when delivered to CID at its office at 100 E. Boynton Beach Blvd, Boynton Beach, Florida, 33435, and to the Agency when delivered to its office at the address listed on Page One of this Agreement. R. Independent Contractor Except as duly noted in Part III, Section D(9), the Agency agrees that, in all matters relating to this Agreement, it will be acting a an independent contractor and that its employees are not City of Boynton Beach employees and are not subject to the City Provisions of the law applicable to City employees relative to employment compensation and employee benefits. S. Public Entity Crime~ As provided in F.S. 287.132-133, by entering into this contractor or performing any work in furtherance hereof, the contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. F.S. 287.:~33(3)(a) requires this notice. Page 12 of 15 T. Counterparts of This Agreement This Agreement, consisting of thirteen enumerated pages and the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. WITNESS our Hands and Seals on the day of , ATTEST: JANET PRAINITO, CMC ClTY CLERK, CITY OF BOYNTON BEACH, FLORIDA Political Subdivision of the State of Florida CITY CLERK MAYOR APPROVED AS TO FORM: CI'I'Y ATTORNEY THE .1UVENZLE TRANSTrZON CENTER~ ZNC. By:, Title: By: Title: (CORPORATE SEAL) Page 13 of 15 THE 3UVENILE TRANSITION CENTER, INC. EXHIBIT A WORK NARRATIVE I. The Agency agrees to: ZZ. The City Agrees to: A. Provide up to $7,500 in funding as follows: Total ......................................................... $7,500.00 B. Provide technical assistance to ensure compliance with CID, U.S. HUD and applicable Federal, State and City regulations to this Agreement. C. Provide overall administration and coordination activities to ensure that planned activities are completed in a timely manner. D. Monitor the agency at any time during the term of this Agreement. Visits may be scheduled or unscheduled as determined by CID, be conducted by CID staff or its contractor, and will ensure compliance with U.S. HUD regulations, that planned activities are conducted in a timely manner and verify the accuracy of reporting to CID on program activities. THE 3UVENILE TRANSITION CENTER, INC. EXHIBIT B LEI'rERHEAD STA]'ION ERY Page 14 of 15 THE 3UVENXLE TRANSTr/ON CENTER, [NC. EXHZBI'T B LETTERHEAD STA'r~ONERY To: Octavia S. Sherrod, Community Improvement Manager Community Improvement Division City of Boynton Beach P, O. Box 310 Boynton Beach, Florida 33425-0310 From: [Name of Sub-grantee] [Address] [Telephone] Subject: INVOICE REIMBURSEMENT Attached, you will find Invoice # , requesting reimbursement in the amount of $ . The expenditures for this invoice covers the period [date] through [date]. You will also find attached back up, original documentation relating to the expenditures being involved. APPROVED FOR PAYMENT - Octavia S. Sherrod, Community Improvement Manager Page 15 of 15 VIII. - CITY MANAGER'S REPORT CITY OF BOYNTON BEACH ITEM A AGENDA ITEM REQUEST FORM Requested City Commtssion Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to Ciw Clerk's Office Meeting Dates in to City Clerk's Office [] December 3. 2002 November 18. 2002 (Noon) [] February 4.2003 January. 21, 2003 (Noon) [] December 17. 2002 December 2, 2002 (Noon) [] February 18, 2003 February, 3. 2003 (Noon) [] January 7, 2003 December 16, 2002 (Noon) [] March 4, 2003 February 18. 2003 (Noon) [] January 21. 2003 January 6, 2003 (Noon.) [] March 18,. 2003 March 3, 2003 (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: Report on 2002 Holiday Parade - Input from Commission on parade venue requested. EXPLANATION: Per the request of the City Commission, staff has prepared a comparative review of the Holiday parades for the past five years. PROGRAM IMPACT: Early determination of the parade date and location is desirable for staff planning, participation and attendance. The recommendations are as follows: 1. Due to safety concerns, stay with the Congress Avenue location for 2003. However, if authorized at this location, the parade will need to be on Saturday AM (December 6th) again to accommodate traffic and business opening issues. If the parade is directed by Commission to be on Federal Highway or Seacrest, the parade should be at 3 PM on the first Sunday of December, which is December 7~. In that regard, staff has tentatively planned the "Season of Peace" tree lighting for December 7th evening. Having a parade on Congress and other seasonal events in the downtown area provides exposure to both areas. 2. Modify location of reviewing stand or provide a smaller secondary reviewing stand so that dignitaries who participate in the parade can see the rest of the parade. FISCAL IMPACT: Based on 2002 costs, the Congress Avenue site, though safer, was slightly more expensive to manage than the Federal Highway venue. ALTERNATIVES: There is a strong desire in the community to have a holiday parade. Discontinuation is not recommended. ~~{~ Department Head's Signature City Manager's Signature Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS~AGENDA ITEM REQUEST FORM.DOC The Cit o Bo nton Beach OFFICE OF THE CITY MANAGER 1 O0 E. Boynton Beach Bouleuard P.O. Box 310 Boynton Beach, Florida 334250310 City Manager's Office: (56I) 7426010 FAX: (561) 742-6011 e-mail: city. manager@ci, boyntoribeach.fl.us www. cL boynto rrbeach.fl, us To: City Commission From: Kurt Bressner, City Manager Date: December 26, 2002 Subject: Holiday Parade Report This matter is scheduled for discussion at the City Commission meeting of January 7, 2002 under the "Manager's Report" section of the agenda. The venue of the Holiday Parade was changed in 2002 from Federal Highway to Congress Avenue. In the past, the parade had been held on Sunday afternoons of the first weekend of December. In 2001, the parade was moved to a Saturday evening. Findings: 1. The date change from Sunday to Saturday, be it on Federal Highway or Congress Avenue, resulted in a smaller parade. 2. In all years reviewed, except 1999 where data is not available, the City has obtained non- cash in-kind support for the parade event. The actual costs are shown on the attached spreadsheet. 3. The staff site costs associated with the 2002 parade appears to be slightly higher than in 2001. This is because of the Police and PW costs associated with opening and closing Congress Avenue. However, 2002 represented the first comprehensive accounting for staff costs. Prior years' expenses may have been understated. 4. The parade route on Congress was a safer route than the Federal Highway route per the Risk Manager assessment. Perceptions: 1. The Federal Highway venue was "traditional" and therefore should not be changed. 2. The Congress venue was the best-attended parade. 3. The ~ime of the 2002 parade was inconvenient because it a). was too early and b). conflicted with other activities. 4. The time of the 2002 parade was more convenient because it was early in the day and allowed people to schedule other activities rather than the traditional 3 PM Sunday time. 5. The Congress Avenue route provided better visibility, parking and exiting than the Federal Highway route. 6. The 2002 event resulted in greater overall post-parade economic development than the past Federal Highway venue because people stayed and patronized the area merchants. 7. There was greater attendance at the 2002 parade of residents from the west part of the City. 8. There was just as much attendance in prior year's parade of residents from the west part of the City. Recommendation: 1. Announce the date and place of parade earlier than in past so that participant groups can be contacted to make sure the parade date/time is on their schedule. 2. Due to safety concerns, stay with the Congress Avenue location for 2003. However, if authorized at this location, the parade will need to be on Saturday AM (December 6th) again to accommodate traffic and business opening issues. If the parade is directed by Commission to be on Federal Highway or Seacrest, the parade should be at 3 PM on the first Sunday of December, which is December 7th. In that regard, staff has tentatively planned the "Season of Peace" tree lighting for December 7th evening. Having a parade on Congress and other seasonal events in the downtown area provides exposure to both areas. 3. Modify location of reviewing stand or provide a smaller secondary reviewing stand so that dignitaries who participate in the parade can see the rest of the parade. In 2001, the dignitaries were let out of cars at the reviewing stand that was located at the mid-point of the parade. Parade attendees for the second half of the parade saw empty cars. For 2002, the reviewing stand was at the beginning of the parade route. By the time the dignitaries made it back to the reviewing stand, the parade was substantially over. Cc: Wayne Segal America's Gateway to the Gulfstream Interoffice Memo Date: December 20, 2002 To: Kurt Bressner From: Wayne M.'Segal RE: Holiday Parade Summary Attached are a summary of the holiday parade budgets and summary of parade participation for the years 1998-2002 and copies of the data from which the summaries were compiled. In reading the budget summary, it is important to know how the data were interpreted. · Prior to 2002, there was no comprehensive payroll information available for the parade; therefore, it is not possible to compute the "true" cost of producing the parade. In 2002, each department was given a project number to use for payroll accounting purposes. · Starting in 2002, the value of sponsorships that provide in-kind services to several related events were weighted and broken out to reflect their true value to the specific event. For example, in 2001, the Sun-Sentinel gave in-kind sponsorships to Season of Peace, the parade and the holiday concert, for a total of $26,675.75. For 2002, the Sun-Sentinel gave a total of $25,469.78 to sponsor the three events. However, for accounting purposes, each event was weighted one-third, and a truer reflection of the value of the Sun-Sentinel's sponsorship to the parade only was $8489.92. In reading the participation summary, it should be noted that in 2002 there were six bands, which was a one hundred percent increase over the previous year. From the data, it is not possible to calculate the total number of parade participants because the numbers of people per group are unknown. Therefore, the number of groups does not necessarily reflect the number of individual parade participants. RECEIVED _ Attachments DEC :t 2002 CITY MANAGER'S OFFICE NET ITEM REVENUE IN-KIND EXPENSES REVENUE IN-KIND EXPENSES OR~: SPONSORS: ach Post $500.00 Boyntoo Beach ]aycees Un-kind) $~,C nMnel $13,000.00 Sun SenMnel (in-kind) $2,000.00 Palm Beach Post (cashl $500 ]$ a Hospital $250.00 HOSpltaJity 0n-k~nd} I Caf~ Barista $250.00 TOTAL: $500.00 $I5,500.00 $0.00 $500.00 TOTAL: $503.;3 PUBLIC RELATIONS: PUBLIC RELAT'[ONS: Publicity $5,000.00 Palm Beach Post/Ad Beynton Beach ~mes/Ad Flyers TOTAL: $0.00 $5,000.00 $0.00 $0.00 TOTAL; -~0.03 PRINTINg; PRINTING: The Prinbng Pad ,aDchcabons; $1i$.00 Applicabons Warehouse (labels) S43.18 Magnetic Signs 14 @ S30 S42,3 £? ABC Siclns - 14 Magneto Sic]ns 5420.00 ABC Signs - Yout~ Track Team $120.00 TOTAL: $0.00 $698.i8 ($698.18) TOTAL: 53.00, 5535 CC FIRST FAMILY FIRST FAMILY CracKer Barrel S30.00 Placclue $60.00 Palace Ska~n~ S20.00 BeUqesda Hospital Printinq $200.30 Main Street Car Wash $40.00 Name Plate Play It Again SOOrts $15.00 ~ i S 22 Palm Beach Post $30.00 Accent Floral $40,00 Boynton Beach Tennis Center $20.00 TOTAL: S0.00 $195.00 S0.00 $0.00 TOTAL: S0.C, 0 575 BANDS: BANDS: ]F Kennedy Middle Schooi Band S350.00 '4 Hic]h School Bands ~& $450 sqB0.OO Tim Nance JFK Band DireCtor $25.00 2 Middle School Bands ~ S]00 $300.C, 0 Roosevelt Middle School Band $350.00 Travel Expenses for Bands 4 _i $50 S200 00 Joseph Bell Roosevelt Band Director S25.00 6 Band DireCtors ~ S25 ea. S1S0.O0' Santaluces High School Band $350.00 - Evan Roqown Santaluces Band Director $25.00 AUanbc Hiclh School Band S350.00 Louis St. Laurent AUanbc Band Director $25,00 Lake Worth H~qh School Band S3B0.00 ~,like Hyde Lake Worth Band D~rector S25.00 Palm Beach Lakes High School Band S400.00 Lonnie Greene Palm Bch LaKes Director $25.00 TOTAL: S0.00 $0.00 S2,300.00 ($2,300.00) TOTAL: S000 S0.00 $i. ;00.C,'S ENTERTAINMENT; ENTERTAINMENT: County Ice (Snow) Sl,750.00 County Ice (Snow) The Olde Encltish Carolinq ComPany $225.00 Candy Canes Victorian Sinc!ers )TOTALS: S0.00 Sl,975.00 ($1,975.00) TOTALS: SO,GO -:2 IG3.C, 0 OVERTIMI~; OVERT[ME: i Recreation Recreation 'Streets ParKs Facdities Streets Police Department $3,831.00 Vehicle Services gl:DS.G0 i Police TOTAL: S0.00 $3,831.00 ($3,831.00) TOTAL: S0,00 MISCELLANEOUS: MISCELLANEOUS: Warehouse (14 Ob/Seals for Cars) S68.40 Warehours (City Loqos) US Postmaster (Stamps for Apdllcal]ons) S64.00 Manhattan Trophies (]udoes Fiamues~ Vintade Horse Drawn Carnages (Deposit) S200.00 Barricades ]Vintage Horse Drawn Carnades (Balance} S200.00 Mrs. Claus Costume [Protec~on Services (Barricades) $1,000.00 Manhattan Trophies (Awards; ~450 /Anderson's Celebrate (B.A,D. Coronation Float) S86.09 Port-O-Lets JManhattan Trophies $227.84 JBoynton 8each Camera Club $72.00 Manhattan Trophies $51.90 Able Sanitabon, ]nc (Port-O-Lets) $372.50 TOTAL: $0.00 S0.00 S2,342.73 ~$2,342.73) TOTAL: SO00 s0.0'3 gOrNMVaExRT[ BLES: CONVERT~BLES: S700.00 Car r'lax 'dh -kandt $700.00 ~5350 TOTAL: S0,00 $700.00 S0.00 S0.00 TOTAL: S700.00 )GRA. NDTOTAL: $500.00 $21,395.00 S11,14.6.91 ($10,~.91) GRAND TOTAL: Sl,200.00 S4,500,00 S12,301.00 ($il,i Cib/Contnbubon: expenolrdre acct) S12,000.00 FY 98-99 Budget $12.C00.C0 Revenue (separate re',enue acct) $500.00 ProlecteO Revenue Actual Expenses $Ii,146.91 Prolected Expenses ~-i2 301 30 ~cc: ~q'. Balance $853.09 Balance ~ 599 ~,3 ~ REVENUE :N-KIND EXPENSES NET ITEM REVENUE IN-KIND EXPEHSES NET ,~ SPONSORS: 0~ ~.~k, ]Palm Beach Post $500.00 Palm Beac. fi Post $500.00 JSun Sentinel S36,788.00 Sun Sentinel S42,004.00 Papa .lohn's Pizza 5300.00 $100.00 Papa John's Pizza $300.00 $2.000.00 Faith Farm Ministries S400.00 Clear Copy $360.00 Winn-DixietPublix $21 00 The Dolphin $200.00 Hahler Sound and Picture $150 C0 TOTAL: S800.00 $36,888.00 $0.00 $800.00 TOTAL: $1,290.00 $44,735.C0 $000 PUBLIC RELATIONS; PUBI.]C RELA'I-[ONS: Kidz Dealz ad $595.00 Kidz Dealz ad s595.00 V deotao nq of parade $150.00 Boxed cards $2.0.06 PaPer Plus $31.68 TOTAL: $0.00 S0.00 $595.00 ($595.00) TOTAL: $0.00 $0.00 $?96.74 '$7~6,74~1 PR~N'I'ZNG: PRZNT[NG: Clear Copy (aopl~-.atio~s) last year's budqet Clear Copy (4-color Holiday event Posters $400.00 Ryers $900.00 and calendars Parade Unit siqns from siqn shop S36.00 TOTAL: $0.00 $900.00 ($900.00) TOTAL: $0.00 $0.00 $436.00 ~$435.001 ~=1[RST FAMILY FIRST FAMILY Donations $ 200.00 Sponsors K-Hart 5S0.00 Cracker Barrel $40.00 The Dolphin Restaurant $25.00 The Blossom Shod $20.00 Tony Roma's $20.00 TOTAL: $0.00 $200.00 $0.00 $0.00 TOTAL: $0.00 $I55.00 $0.00 BANDS: BANDS: 7 C~ 350.00 $2,450.00 Palm Ikh. Lakes H.S. band $425.00 7 band directors @ 25.00 $175.00 Roosevelt Ha(lent H.S. $375.00 JFK Maqnet M.S. $375.00 Carver M.S. band $375.00 Blanche Ely H.S. 5425.00 TOTAL: $0.00 $0.00 $2,625.00 ($2,625.00) TOTAL: $0.00 $0.00 $1,975.00 ENTERTAINMENT: ENTERTAINMENT: Radio Disney $100.00 ]Radio Disney (Season of Peace) $10000 TOTALS: $0.00 $100.00 ($100.00) TOTALS: 50.00 $0.00 $100.00 OVERT[ME: OVERTIME: Fire $192.35 Police $3,500.00 Police $3,500.00 Recreation $225.00 Recreation $73.57 Streets $1oo.oo Streets $550.00 Parks $200.00 Parks S0.00 Facilities $0.00 Facil Ues $0.00 Mechanic on duly $!72.65 TOTAL: $0.00 $4,025.00 ($4,025.00) TOTAL: $0.00 $192.35 $4,3S6.22 MISCELLANEOUS; M~SCELLANEOUS: i Barricades $1,000.00 Barncades $839.60 i Flutter-fettJ $320.00 Rutter-fe~ $391,46 Awards $200.00 Awards $141.25 Camera C~ub $100.00 Camera Club $93.42 Port-o-lets $400.00 port-o-lets $ 27 S.00 i Office supplies $200,00 Office supplies $0 O0 Helium tank $175.00 Helium tank 517500 HosDitalily $100.00 HosDita ily/Decorations 592.89 SEASON OF PEACE EVENT $3,090.89 Plaque for Kristen ConM from 99 parade $25.00 TOTAL: $0.00 $0.00 $2,495.00 ($2,495.00) TOTAL: $0.00 $0.00 $5,124.51 CONVER'TZBLES: CONVERTIBLES: :ar Max $700.00 AB(: Siqn Eml~. Ha(inetJc S~Clns for cars $48.00 Maqnetic Si(Ins $100.00 SEASON OF PEACE EVENT $3,350.00 TOTAL: $0.00 $700.00 $3,450.00 ($3,450.00) TOTAL: $0.00 S0.00 S48.O0 GRAND TOTAL: $800.00 $37,788.00 $14,190.00 ($13,390.00) GRAND TOTAL: Sl,200.00 $45,082.35 $12,786.47 FY 2000 Budqet $14,000.00 FY 2000 Budqet $14,000,00 Proiected Revenue 5800,00 Actual Revenue $1,2~0.g0 Pro)ected Expenses $14,190.00 Actual Expenses ~12.786 47 Balance S610.00 Balance ,~2.413 53 ! 2/I ~000 2002 Actual Project SE0303 Holiday Parade BudGet iTl-EM REVENUE TN-If/ND EXPENSES NET F :ed amount from City $15,500.00 ~.,,. oentinel (Parade, Concert and SOP) $8,489.92 KOOL 105.5 Radio Spots $12,500.00 ~A~e/phia $1,960.80 $926.67 A~r jamaica _ $152.50 H_oliday Inn Catalina ' . .- _ $200.00 ~x_~ ]-- _ .... $16o.oo $5oo.oo Radio $2,000.00 $500.00 $15,500.00 $25,310.72 $2,079.17 $13,420.83 For Profit Orqanization 1-10 employees = $100~ 11-25 employees = $200; >25 employees = $250 Non-Profit = $50 Kiwani's Club (Coffee, popcorn & soda) $50.00 TOTAL: $50.00 $0.00 $0.00 $50.00 (paper and copyin_g) $200.00 Postage for appli _cations $37.00 P[inting SOP, Parade and Concert poster (209) $250.00 $116.67 Production of Television Commercials Design of Caricatures $41,66 P~rintJng of Caricatures . $146.83 _ Design of Holiday Ad .... $20_9'00 tOTAL: . $0.00 $250.00 .... $742.16 ($742.16) Car Max/PT Cruiser $700.00 Ur~ate/Create Magnetic Signs $159.79 .: $0.00 $700.00_ $159.79 _ _($159.79) 6 Bands @ 350.00 .. $2,100.00 6 Band Directors @ 50.00 $300.00 ;ailfish Mascots Rental Fee . _ $75.90_0 Stilt Walker $20_0_..00 Entry Fees for "For Profit" OrqanJzatJons $300.00: $300.00 ~ $0.00 $2,675.00 ($2,375.00) TOTAL: ..... $700.00 _ $5_OQ.OO !Food/beverage items !Pa~es Y6F-stage (2) __ $112.5__0 _ ~T~T~: .... $0.00 $700.00 $620.90 _ ($620.90) I~ire __ _ $264'9? FP~ -- -- ': $5,-1~9-5'96 * · [~a nd- G~a-s-- ~ _ ~ $754. OO _ ,W~um-~i'~-g _ - _ $262.7_8_ TOTAL: .... .... ~l~00 * . $6,808..93- ($6,808.93) Barricades, signs and 4 message boards $1,150.70 Parade awards and Thank you's $142.00 Port-o-!ets ............ $500.00 _ Van Rental $55.66. -' -- - - - :. - $0.00- $0.00 - $1,848.36 ($1,848.36) $14,~:;~, $gx5.69 12/26/2002 1 XII. - LEGAL ITEM A. 1 CITY OF BOYNTON BEACI AGENDA ITEM REQUEST 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 [] December 3, 2002 November 18, 2002 (Noon) [] February 4, 2003 January 21, 2003 (Noon) [] December 17, 2002 December 2, 2002 (Noon) [] February 18, 2003 February 3, 2003 (Noon) [] January 7, 2003 December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003 (Noon) [] January 21, 2003 January 6, 2003 (Noon.) [] March 18,. 2003 March 3, 2003 (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: Second Reading of Ordinance Amending Monthly Supplemental Benefits for Police Pension Fund EXPLANATION: Ordinance changes the normal "vesting period" for the Police Pension system from 10 years to 5 years. Funding for the change is derived from Part 185 Insurance Funds. In addition, the ordinance provides an amended distribution of a supplemental benefits based on 6 through 9 years service because of the proposed 5 year vesting provision. PROGRAM IMPACT: Proposed program is an enhancement of the Police Pension program designed to retain staff and assist in recruitment of individuals to a career with the Boynton Beach Police Department. FISCAL IMPACT: The projected annual cost of the program change is $76,398 ($52,925 for continuation of supplemental benefit program and $23,473 for the change to 5 year vesting). The current projected excess Part 185 revenue is $88,258. There is no increase to the employer's share of the pension fund from this benefit change. Per statute, Part 185 (Part 175 for Fire Pension) are to be used for pension enhancements to the Police Pension system. ALTERNATIVES: Decline to approve the ordinance as recommended by the Police Pension Fund and ratified by the union and place the item on the agenda for collective bargaining purposes. Department Head's Signature ' iZity Manager's gignature Department Name City Attorney / Finance / Human Resources S:'~BULLET1N',FORMS'xAGENDA ITEM REQUEST FORM.DOC ORDINANCE 02- O(~ 3 AN ORDINANCE OF THE CItY OF BOYNTON BEACH, FLORIDA, AMENDING ARTICLE III PENSIONS FOR POLICE OFFICERS, CHAPTER 18 OF THE BOYNTON BEACH CODE OF ORDINANCES; AMENDING THE REQUIREMENTS FOR RETIREMENT; AMENDING THE MONTHLY SUPPLEMENTAL BENEFITS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach Municipal Police Officers' Retirement Trust Fund ("Fund") Board of Trustees ("Trustees"), desire to reduce the vesting period for benefits; and WHEREAS, the Board of Trustees of the Fund has determined that it is in the best interest of the Participants and Beneficiaries of the Fund to reduce the vesting period; and WHEREAS, the Trustees desire to add such a provision; and WHEREAS, the City Commission of the City of Boynton Beach, Florida, desires to revise its Municipal Police Officers' Pension Ordinance in order implement this revision to the Plan; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. The foregoing Whereas clauses are true and correct and incorporated herein by this reference. Section 2. Paragraph 2 of subsection D of section 18-169 of Article III of Chapter 18 of the Boynton Beach Code of Ordinances is hereby amended as follows: Section 18-169. Requirements for Retirement-Benefit Amounts. E. Separation from Service. S:\CA\Orclinances,,Pensmn~5 yr vest - BJ 12-4-2.rtf 1 1. Effective for terminations on and after October 1, 2002, if t-f a member leaves the service of the City before accumulating aggregate time of 5 10 years toward retirement and before being eligible to retire, such member shall be entitled to a refund of all of his or her contributions made to the Fund, without interest. 2. If any member who had been in the service of the City for at least 10 years elects to leave his or her accrued contributions in the Fund, such police officer upon attaining age 50 years or more (without reaching what would have been twenty years of service had he not terminated his employment) may receive an early retirement benefit at the actuarial equivalent of the amount of such retirement income otherwise payable to him or her at early retirement or upon attaining what would have been normal retirement had he not terminated his employment, such police officer may receive his or her accrued normal retirement benefit. 3. Effective for terminations after October 1, 2002, if any member who had been in the service of the City for at least 5 years elects to leave his or her accrued contributions in the Fund, such police officer upon attaining what would have been normal retirement had he not terminated his employment, may receive the accrued normal retirement benefit. Section 3. Paragraph 2 of subsection D of section 18-169 of Article III of Chapter 18 of the Boynton Beach Code of Ordinances is hereby amended as follows: S:\CA\Ordinances~Pens~on~5 yr vest - BJ 12-4-2.rff 2 Section 18-169. Requirements for Retirement-Benefit Amounts. F. Monthly Supplemental Benefits. 2. Effective as of October 1, 2002, the The, benefit pool shall be divided according to the total number of years of service rendered by all retirees, with a cap of 20 years. The shares will be divided on a pro- rata basis on the following schedule: 20 or more years of service 100% 19 years of service 95% 18 years of service 90% 17 years of service 85% 16 years of servme 80% 15 years of service 75% 14 years of servme 70% 13 years of service 65% 12 years of service 60% 11 years of service 55% 10 years of service 50% 9 years of service 45% 8 years of service 40% 7 years of service 35% 6 years of service 30% 5 years of service 25% Duty Disability 100% Non-duty Disability Based on above schedule Beneficiary Based on % receiving of retiree's benefit Section 4. Should any section or provision of this Ordinance or portion hereofi any )aragraph, any sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 5. Any part of the Boynton Beach Code in conflict herewith shall be repealed. S:\CA\Ordinances~Pens~on~ yr vest - BJ 12-4-2.rtf 3 Section 6. Authority is hereby granted to codify said ordinance. Section 7. This Ordinance shall be effective upon the later of date of passage or approval by the bargaining unit. FIRST READING this !'1 day of "~e.~r~_.r' ,2002. SECOND, FINAL READING and PASSAGE this __ day of ,2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: !City Clerk '(Corporate Seal) S:\CA\Ord~nances~Penslont5 yr vest - BJ 124.2.rtl 4 XII. - LEGAL ITEI~t A.2 O CITY OF BOYNTON BEAC} AGENDA ITEM REQUEST FOI ,, Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetin2 Date~s in t__~o Cit,L_Clerk'~s Offic.._..~e _Meeting Date..__fis in_n to City Cler___k's Office. [] December 3, 2002 November 18, 2002 (Noon) [] February 4, 2003 January 2l, 2003 (Noon) [] December 17, 2002 December 2, 2002 (Noon) [] February 18, 2003 February 3, 2003 (Noon) [] January 7, 2003 December 16, 2002 (Noon) [] March ~,, 2003 February 18, 2003 (Noon) [] January 21,2003 January 6, 2003 (Noon.) [] March i8,. 2003 March 3, 2003 (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: Second Reading of Ordinance adding the transfer of accumulated leave into the individual accounts for DROP participants for Police Pension Fund EXPLANATION: Ordinance provides an option to DROP participants to select an additional method to credit accumulated leave into their DROP account. PROGRAM IMPACT: Proposed program is an enhancement of the Police Pension program designed to retain staff and assist in recruitment of individuals to a career with the Boynton Beach Police Department. FISCAL IMPACT: Based on a report by the Pension Fund Actuarial Consultant and the Finance Director, there is no additional cost to the City for this amendment. ALTERNATIVES: Decline to approve the ordinance as recommended by the Police Pension Fund and ratified by the union and place the item on the agenda for collective bargaining purposes, x~/~~l,g.~O Department Head's Signature ' City Manager's Signhmr Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS~AGENDA ITEM REQUEST FORM.DOC ORDINANCE 02- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ARTICLE III PENSIONS FOR POLICE OFFICERS, CHAPTER 18 OF THE BOYNTON BEACH CODE OF ORDINANCES TO PROVIDE FOR OPTIONAL TRANSFER OF ACCUMULATED LEAVE BALANCES UPON RETIREMENT; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach, Flor/da, presently has a retirement plan and trust fund for police officers; WHEREAS, the Board of Trustees ("Trustees") of the Boynton Beach Municipal Police Officers' Retirement Trust Fund ("Fund") desires to amend the City Code to provide for optional transfer of accumulated leave balances into the retirement plan; WHEREAS, the ordinance has been reviewed by the actuary for the Fund and a copy of the impact statement has been filed with the Division of Retirement in Tallahassee; and WHEREAS, the City Commission has determined this amendment will benefit the citizens of the City of Boynton Beach; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. The foregoing Whereas clauses are true and correct and ~ncorporated herein by this reference. Section 2. Section 18-173 of Article III of Chapter 18 of the Boynton Beach Code of Ordinances is hereby amended by adding a new subsection C as follows: Section 18-173. Rollovers C. Transfer of Accumulated Leav~ · 1. Members eli ible to receive accumulated sick leave accumulated S:\CA~OrOinances\Pens~omacc leave transi'ers - BJ 120402.rff 1 vacation leave or an other accumulated leave a able u on se aration ma elect not later than the December 31st of the calendar ear rior to the ear of retirement or ent into the DROP to have the leave transferred to the Plan. For u oses of ~on ht e term "se aration" shall mean termination of service asa olice officer with the Cit. Members on whose ~e has been transferred ma elect ~ ~ within ~f se aration. Members ~~ tn'bution o tion within ~ se aration will be deemed to have elected o tion a below: a Receive alum sum e ual to the transferred leave balance' or Transfer the entire amount of the transferred leave balance directly to any eligible retirement plan: or c Purchase additional service credit as ma be ermitted b the Code. If the leave balance exceeds the cost of the service credit urchased the balance shall be aid to the member in a lump sum; or d Transfer the entire amount of the transferred leave balance into the member's DROP account. 2. Members who fail to elect a transfer not later than the December st t e vear of retirement or ent into 31 of the calendar ear riot to h ' the DROP will receive a ent in alum sum at time of separation with all attendant tax consequences. .3. If a member on whose behalf the Cit makes a transferred leave balance to the Plan dies after retirement or other se aration but before makin an election as rovided or after makin an election I S:\CA\Ordinances\PenS~on~acc reave transfers - BJ 120402.rff 2 but before an distribution is made the election o tion shall be void. In such an event an erson who would have received a death benefit had the member died in service immediatel rior to the .date of retirement or other se aration shall be entitled to receive an amount e ual to the transferred leave balance in alum sum. In the case of a survivin souse or former souse an election ma be made to transfer the leave balance to an eli ible retirement lan in lieu of the lum sum a ent. Failure to make such an election b the survivin souse or former souse within s~xt 60 da s of the member's death will be deemed an election to receive a lump sum payment_. 4. The Board b rule shall have the authorit to enact administrative rules for u oses of administerin the rovisions of this Section - consistent with the Federal tax laws in effect on the date of transfer. No such rule shall conflict with the rovisions of this section. 5. Members electin to enter into the DROP shall be re uired to reserve a balance of one hundred and twent 120 hours of sick leave and one hundred and twent 120 hours of vacation leave at the time of entry into the DROP. 6. The value of the leave transferred shall be determined in accordance with a licable cit ersonnel olicies or collective bargaining agreements. Section 3. Should any section or provision of this Ordinance or portion hereof, any paragraph, any sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 4. Any part of the Boynton Beach Code in conflict herewith shall be $:\CA\Orchnances\Pens~on~acc ~eave transfers - BJ 120402.rtl 3 repealed: Section 5. Authority is hereby granted to codify this Ordinance. Section 6. This Ordinance shall be effective upon date of passage. FIRST READING this I ~ day of "~~~eJ" ,2002. SECOND, FINAL READING and PASSAGE this ~ day of ., 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) S:~CA\Ordinances~ens~on~acc leave transfem - BJ 120402.rtl 4 XII. - LEGAL CITY OF BOYNTON BEACH ITEM A.3 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 CiW Clerk's Office Meeting Dates in to City Clerk's Office [] December 3, 2002 November 18, 2002 (Noon) [] February 4, 2003 January 21, 2003 (Noon) [] December 17, 2002 December 2, 2002 (Noon) [] February 18, 2003 February 3, 2003 (Noon) [] January 7, 2003 December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003 (Noon) [] January 21,2003 January 6, 2003 (Noon.) [] March 18,. 2003 March 3, 2003 (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: Second Reading of Ordinance Amending Method of crediting earnings for DROP participants for Police Pension Fund EXPLANATION: Ordinance provides an option to DROP participants to select optional methods to credit earnings to their DROP account. PROGRAM IMPACT: Proposed program is an enhancement of the Police Pension program designed to retain staff and assist in recruitment of individuals to a career with the Boynton Beach Police Department. FISCAL IMPACT: Based on a report by the Pension Fund Actuarial Consultant and the Finance Director, there is no additional cost to the City for this amendment. ALTERNATIVES: Decline to approve the ordinance as recommended by the Police Pension Fund, place the item on the agenda for collective bargaining purposes. Department Head's Signature City Manager's Signature Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC ORDINANCE 02-065 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ARTICLE III PENSIONS FOR POLICE OFFICERS, OF CHAPTER 18 OF THE BOYNTON BEACH CODE OF ORDINANCES; ALLOWING PARTICIPANTS IN THE DROP TO CHANGE THEIR METHOD FOR THE CREDITING OF INVESTMENT EARNINGS; PROVIDING CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach Municipal Police Officers' Retirement Trust Fund ("Fund") Board of Trustees ("Trustees"), desire to offer DROP Participants an opportunity to select their method for the crediting of earnings; and WHEREAS, the Board of Trustees of the Fund has determined that it is in the best interest of the Participants and Beneficiaries of the Fund to offer an opportunity to select their method for the crediting of earnings; and WHEREAS, the Trustees desire to add such a provision; and WHEREAS, the City Council of the City of Boynton Beach, Florida, desires to implement this revision; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. The foregoing Whereas clauses are true and correct and incorporated herein by this reference. Section 2. Subsection G of section 18-175 of Article III of Chapter 18 of the Boynton Beach Code of Ordinances is hereby amended as follows: Section 18-175. Deferred retirement option plan. G. Effective January 1, 2003, DROP participants have the option to select optional methods to credit investment earnings to their account. The method may be changed each year effective January 1, however, the S;~CA\Ordinances~Pens~on\OROP interest.rtl method must be elected prior to January 1 on a form provided by the Board of Trustees. An ~ ...... t~ROP-a~m~ The methods · .,~ ...... itt'e: 1. Gains or losses at the same interest rate earned by the Pension Plan; or 2.A guaranteed rate of 7.0%. 3. A percentage of the DROP account will be credited with interest gains or losses at the same rate earned by the pension plan and the remaining percentage will be credited with earnings at a guaranteed rate of 7.0%. The actual percentage shall be selected by the member on a form provided by the Board of Trustees. The total of the two percentages must- equal 100%. Employee's DROP accounts will be assessed an administrative fee that is based upon the ratio that the Employee's DROP account bears to the Fund as a whole. Section 3. Subsection J of section 18-175 of Article III of Chapter 18 of the Boynton Beach Code of Ordinances is hereby amended as follows: Section 18-175, Deferred retirement option plan. J. Upon termination of employment, participants in the DROP will receive the balance of the DROP account in accordance with the following rules: 1. Members may elect to begin to receive payment upon termination of employment or defer payment of DROP until the latest day as provided under sub-subparagraph c. ..... ] may be made in oithe~ the following ways: 2. Payments ~'-~ S:\CA\Ordinances',Pens~on\ORO P interest.rtl a. Lump sum - the entire account balance will be paid to the retirant upon approval of the Board of Trustees. b. Installments - the account balance will be paid out to the retirant in five (5) equal annual payments paid over five (5) years, the first payment to be made upon approval of the Board of Trustees. c. Monthly installments - the account balance will be paid out to the retirant on a monthly basis until the account balance is paid out based on actuarial tables provided by the actuary. 3. Any form of payment selected by a police officer must comply with the minimum distribution requirements of the IRC 401(A)(9), and is subject to the requirements of- subsection 18-174F e.g., payments must commence by age 70½. 4. The beneficiary of the DROP participant who dies before payments from DROP begin shall have the same right to select payment options as the participant in accordance with this subsection. A DROP participant may designate a beneficiary to receive the DROP balance in the event of the participant's death prior to pay out of the full DROP balance. Section 4. Any part of the Boynton Beach Code in conflict herewith shall be repealed. Section 5. Should any section or provision of this Ordinance or portion hereof, any paragraph, any sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 6. This Ordinance shall be effective as stated herein. S:\CA\Orc~inances\Pens~on\OROP int~est.rtf :IRST READING this 17th day of December, 2002. ;ECOND, FINAL READING and PASSAGE this ~ day of ., 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner .T: City Clerk S :\CA\Ordinances\Pens~on\DRO P int~est.rtf XII. - LEGAL O CITY OF BOYNTON BEACI ITEM A.4 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 CiW Clerk's Office Meeting Dates in to City Clerk's Office [] December 3, 2002 November 18, 2002 (Noon) [] February. 4, 2003 January 21, 2003 (Noon) [] December 17, 2002 December 2, 2002 (Noon) [] February 18, 2003 February' 3, 2003 (Noon) [] January 7, 2003 December 16, 2002 (Noon) [] March 4. 2003 February 18, 2003 (Noon) [] January 21, 2003 January 6, 2003 (Noon.) [] March 18. 2003 March 3, 2003 (Noon) [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfmished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Second Reading of Ordinance Amending Method of crediting investments for DROP participants for Police Pension Fund EXPLANATION: Ordinance provides an option to DROP participants to select optional methods to credit investment earnings to their DROP account. PROGRAM IMPACT: Proposed program is an enhancement of the Police Pension pro,am designed to retain staffand assist in recruitment of individuals to a career with the Boynton Beach Police Department. FISCAL IMPACT: Based on a report by the Pension Fund Actuarial Consultant and the Finance Director, there is no additional cost to the City for this amendment. ALTERNATIVES: Decline to approve the ordinance as recommended by the Police Pension Fund, place the item on the agenda for collective bargaining purposes. ~ Department Head's Signature City Manager's Signature Department Name City Attorney / Finance / Human Resources S:\BULLETIN~FORMSXAGENDA ITEM REQUEST FORM.DOC ORDINANCE 02-066 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, TO ALLOW A ONE TIME OPPORTUNITY FOR CURRENT PARTICIPANTS IN THE POLICE OFFICERS' PENSION DROP TO CHANGE THEIR METHOD TO CREDIT INVESTMENT EARNINGS, PURSUANT TO ARTICLE III PENSIONS FOR POLICE OFFICERS, CHAPTER 18 OF THE BOYNTON BEACH CODE OF ORDINANCES; PROVIDING CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach Municipal Police Officers' Retirement Trust Fund ("Fund") Board of Trustees ("Trustees"), desire to offer DROP Participants an opportunity to change their method for the crediting of earnings; and WHEREAS, the Board of Trustees of the Fund has determined that it is in the best interest of the Participants and Beneficiaries of the Fund to offer an opportunity to change their method for the crediting of earnings; and WHEREAS, the Trustees desire to add such a provision; and WHEREAS, the City Council of the City of Boynton Beach, Florida, desires to implement this revision; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. The foregoing Whereas clauses are true and correct and incorporated herein by this reference. Section 2. Participants in the DROP, as of December 31, 2002 may change their method for the crediting of earnings. This change in the crediting of earnings is a one time opportunity. The election to change the method for crediting must be made during the month of January, 2003. The method, if changed, will be effective February 1, 2003. Section 3. Any part of the Boynton Beach Code in conflict herewith shall be S:~CA\Ordinances~PensmmOROP mthd crdt emgs.rtf 1 repealed: Section 4. Should any section or provision of this Ordinance or portion hereof, any paragraph, any sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 5. This Ordinance shall be effective as stated herein. FIRST READING this 17th day of December, 2002. 2003. SECOND, FINAL READING and PASSAGE this ~ day of .., CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ~T: City Clerk S:\CA\Ordinances\PenS~oo~,DROP mthd crdt erngs.rtf 2 '~- ~ .,I~',~,N:~SH ED BUSINESS Memorandum ITEM A. TO: Janet Prainito, City Clerk RE: Motion to Reconsider Ordinance No. 02-062 (South Congress Residential) DATE: December 19, 2002 Pursuant to Ordinance No. 01-23, I am requesting that you place a motion for reconsideration of the above Ordinance, No. 02-062 on the January 7, 2003 City Commission agenda. Very truly .y~a~~" City Commissioner Commissioner Mack Mc Cray District II City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425 December 19, 2002 Janet Prainito, City Clerk Re: Rezoning Ordinance 02-062 South Congress Residential Rezoning M-I Industrial to PUD Planned Unit Development ("Project") Dear Janet: Pursuant to Section 2-20 of the City of Boynton Beach Code of Ordinances, I am requesting recon- sideration of the above referenced Ordinances. In accordance with Section 2-20(b), this letter is required to be filed no later than 12:00 Noon on the third day following the Commission's decision. - That decision occurred on Tuesday, December 17, 2002. This letter has been filed in accordance with the City procedures. Please schedule this request for reconsideration on the next available agenda which is January 7, 2003. If you have any questions, please feel free to contact me on my cell phone (561) 236-1193. Sincerely, ' "~District II City of Boynton Beach cc: Kurt Bressner, City Manager James A. Cherof, Esquire ORDINANCE NO. 02- C~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOY'NTON BEACH, FLORIDA, REGARDING THE KEZONING OF VACANT LAND CONSISTING OF +32.159 ACRES ON THE EAST SIDE OF SOUTH CONGRESS AVENUE; AMENDING ORDINANCE 02-013 OF SAID CITY BY REZONING THAT TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM M-1 (INDUSTRIAL) TO PLANNED UNIT DEVELOPMENT (PUD); PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted 02-013, in which a Revised Zoning Map was adopted for said City; and WHEREAS, Congress Industrial Park, LLC, as owner of the property more , ,articularly described hereinafter, has heretofore filed a Petition, through their agent, & Associates, Inc.,/Kieran Kilday, pursuant to Section 9 of Appendix A-Zoning, ~f the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of rezoning a :ertain tract of land consisting of +/-32.159 acres, said land being more particularly tescribed hereinafter, fi.om M-1 (Industrial) to PUD (Planned Unit Development), mbject to all staff comments; and WHEREAS, the City Commission conducted a public hearing on July 2, 2002. and heard testimony and received evidence which the Commission finds supports a rezoning for the property hereinafter described; and WHEREAS, during the public hearing the applicant for the Rezoning made :naterial representations which were considered and were relied on by the City ~ommission in reaching its conclusions regarding the appropriateness of the proposed ~zoning. The material representations made by applicant are set forth in the minutes of ~:\CA\Ordinances\Planning\Rezoning\Rezoning - South Congress Residential.doc ithe City Commission meeting/Public Heating conducted July 2, 2002. WHEREAS, the City Commission finds that the proposed rezoning is consistent with an amendment to the Land Use which was contemporaneously considered and iapproved at the public hearing heretofore referenced; and WHEREAS, the City Commission deems it in the best interests of the n. habitants of said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 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 following described land, located in the City of Boynton Beach, Florida as set forth as follows: SEE ATTACHED EXHIBIT "A" ,e and the same is hereby rezoned from M-I (Industrial) to PUD (Planned Unit Development). location map is attached hereto as Exhibit "B" and made a part of this Ordinance by ~ference. Section 3: That the aforesaid Revised Zoning Map of the City shall be amended gly. Section 4.'.. All ordinances or parts of ordinances in conflict herewith are hereby ~ealed. Section 6: Should any section or provision of this Ordinance or any portion thereof declared by a court of competent jurisdiction to be invalid, such decision shall not affect the ainder of this Ordinance. 3:\CA\Ordinances\planning\Rez°ning\Rez°ning - South Congress Residential.doc Section 7. This ordinance shall become effective immediately upon passage. FIRST READING this ~ day of "~ee.~.,~t' ,2002. SECOND, FINAL READING and PASSAGE this I1 day of '~.~..m~g~, 2002. CITY OF BOYNTON BEACH, FLORIDA Mawr Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) :\CA\Ordinances\Planzling\Rezoning\Rezoning - Sou=h Congress Residen=ial.doc ~-~A~- L~-SCRIPTION A parcel of land in ~ portion of the Southwest one-~arter (SWl/4) of Section 5, Township 46 South, Range 43 East, Palm Beach County, Florida, being more particularly described as follow~ · commencing at the Southwest corner of said Section 5; thence run North (the West line of Section 5 is assumed to bear North-South and oil other bearings are relative thereof) along the West line of said Section 5, a distance of 110.00 feet to a point; thence run South 89 degrees 48 minutes 45 seconds Eost,//a distance of 53.00 feet to a point in the East right-of-way line of Congress Avenue and the Point of Beginning of the herein described I:~rcel; thence, continue on the preceding described course, a distance of 1460.21 feet to a point in the Westerty right-of-way !ina .c~.~l~e Seaboard Coast Line Railroad; thence run No,th 18 degrees 21 minutes 59' seconds East, along said Westerly right-of-way line, a distance of 607.01 feet; thence North 89 degrees 58 minutes 02 seconds West, a distance of 891.35 feet; thence, North 0 degrees 01 minutes 58 seconds East, a distance of 390.75 feet; thence North 48 degree~ 55 minutes 55 seconds West, a distance ~of 407.05 feet; thence N__orth,__a... distance of 252.00 feet; thence West, a distance of 455.00 feet, more or I~ss-~-(6-t-I~'"~-O~-'Eosterly right-of-way line of Congress Avenue; thence South along said right-of-way line, a distance of 1463.76 feet to the Paint of Beginning..Said porcet subject to the following · LESS AND EXCEPT : A Hght-of-way over the Westerly 80 feet of the Eastedy 190 feet (os measured at right angles to) thereof for the Lake Worth Drainage District Canal No. 1/2. as recorded in Official Records Book 1803, Page 254, of the Public Records of Palm Beach County, Florida. Location Map Arbolata Townhomes Prepared for William Wietsma Co., Inc. Thompson Consulting, Inc, (561) 659-6068 December 2002