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Agenda 05-20-03The City of Boynton Beach 100 E, Boynton Beach Boulevard · (561) 742-6000 City Commission AGENDA MAY 20, 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 PARTICIPATION AT CTTY OF BOYNTON BEACH COMMISSION 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 Ztems: 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 May 20, 2003 6:30 P.M. I. OPENINGS: A. Call to Order - Mayor Gerald BroenJng B. Invocation - Rev. Martin Zlatic, St..loseph's Episcopal Church C. Pledge of Allegiance to the Flag led by Commissioner McCray D. IF YQI,I WISH TO ADDRESS THE COt-tt4ISSION: · FILL OUT THE APPROPRIATE REQUEST FORt4 · GIVE Tr TO THE CTrY CLERK (ON THE DAIS) BEFORE THE "OPENINGS" PORTION OF THE AGENDA HAS BEEN COMPLETED · COt4E TO THE PODIUI~! WHEN THE t4AYOR CALLS YOUR NAt4E INDIVIDUALS YlAY SPEAK FOR THREE UNINTERRUPTED IqlNUTES. E. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption II. OTHER: A. Informational Items by Members of the City Commission ANNOUNCEF4ENTS, COIqlqUNTrY & SPECIAL EVENTS, & PRESENTATIONS: A. Announcements: B. Community and Special Events 1. Announcement of Office Depot as title sponsor of the .luly 4m Festival of Fireworks event, which will be held on the Motorola property C. Presentations: 1. Proclamations: a. The Boynton Veterans Council Memorial Day Celebration - May 25, 2003 (Richard Prince, Commander, Boynton Beach Veterans Council) .Agenda Regular City Commission Meeting Boynton Beach, Florida May 20, 2003 b. Present a plaque to Mayor Gerald Broening from the Black History Awareness Committee c. Recognition of the more than 100 volunteers who participated in the 2003 Great American Clean-up held in the City of Boynton Beach on Saturday, April 12th ZV. ADMINZSTRATZVE: A. Appointments to be made: Appointment Length of Term To Be Made Board Expiration Date III Ferguson Advisory 8d on Children & Youth Alt i yr term to 4/04 IV McKoy Advisory Bd on Children & Youth Stu/NonVoting i yr term to 4/04 III Ferguson Bldg. Bd of Adj & Appeals Alt Iyr t~,rm to 4/04 Tabled (2) ! Weiland Cemetery Board Alt I yr term ~o 4/0~ Tabled (2) 11! Ferguson Cemetery Board Reg 3 yr term to 4/06 Mayor 8roening Code Compliance Board Alt i yr term to 4/04 Tabled (2) Mayor Broening Education Advisory Board Alt 1 yr term to 4/04 I Weiland Education Advisory Board Reg 2 yr term to 4/05 1! McCray Education Advisory Board Reg 2 yr term to 4/05 !!! Ferguson Education Advisory Board Stu i yr term to 4/04 !!! Ferguson Library Board Alt 1 yr term to 4/04 Mayor Broening Nuisance Abatement Board Alt i yr term to 4/04 ! Weiland Nuisance Abatement Board Reg 2 yr term to 4/05 !! McCray Nuisance Abatement Board Reg 2 yr term to 4/05 II! Ferguson Nuisance Abatement Board Reg 2 yr term to 4/05 !V McKoy Recreation & Parks Board Reg 3 yr term to 4/06 Mayor Broening Senior Advisory Board Reg 2 yr term to 4/05 Mayor Broening Firefighters' Pension Trust Reg 2 yr term to 4/05 V, 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. 2 Agenda Regular City Commission Meeting Boynton Beach, Florida May 20, 2003 A. Minutes: 1. City Commission Capital Improvement Project Workshop Meeting of April 28, 2003 2. Joint City Commission and CRA Workshop Meeting of April 29, 2003 3. Agenda Preview Conference of May 5, 2003 4. Regular City Commission Meeting of May 6, 2003 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2002-2003 Adopted Budget 1. Extend Bid #048-2511-00/KR, "TWO-YEAR LEASE CONTRACT for 2a,' x 60' PORTABLE OFFICE TRAILER" (for Code Compliance) to RESUN LEASING INC. in the amount of $12,000 (Proposed Resolution No. R03-083) C. Resolutions: 1. Proposed Resolution No, R03-084 Re: Release of cash bonds of $3,982 and $3,850 to quarterdeck Boynton Beach, L.L.C. for the project known as the quarterdeck Restaurant 2. Proposed Resolution No. R03-085 Re: Approving Task Order 01-13 to Camp Dresser & McKee for engineering services to develop a wastewater reuse master plan for the distribution of reuse water within the City of Boynton Beach, not to exceed $62,000 3. Proposed Resolution No. R03-086 Re: Approve Task Order No. 01-1~, to Camp Dresser & McKee Inc. (CDM) for Bidding Phase services and Construction Administration for the Twenty Outfall Structures Stormwater Improvements in the amount of $~,3,800 Proposed Resolution No, RO3:O87 Re: Release of a cash bond of $10,169.50 to Petra Builders, Inc. for the project known as Boynton Outpatient Center 5. Proposed Resolution No. R03-088 Re: Approval of contract between First Baptist Church of Boynton Beach and the City of Boynton _Be_ach to allow the City of Boynton Beach to use the building at 309-311 N. Seacrest Boulevard for the purpose of Fire Rescue training 6. Proposed Resolution No. R03-089 Re: Funding for the construction of a 2 million gallon reuse water storage tank at the South Central Regional Wastewater Treatment and Disposal facilities in the amount of $600,000, to be divided equally between the City of Boynton Beach and the City of Delray Beach ($300,000 each) 3 A;enda Regular City Commission Meeting Boynton Beach, Florida May 20, 2003 D. Ratification of Planning & Development Board Action: None E. Ratification of CRA Action: 1. The Arches (NWSP 03-002), Multiple blocks beginning at the southwest corner of Ocean Avenue and US-1 - Request site plan approval for a Mixed-Use development consisting of 276 apartment units, 31,630 square feet of retail, and 12,870 square feet of offices located on 3.515 acres F. Approve the "SURPLUS VEHICLE/E(~UIPMENT LIST" as submitted by Staff and allow selling of same G. Approve a $500 donation to the Palm Beach County Association of Chiefs of Police, Inc. from the department's law enforcement trust fund to assist with their Association's scholarship fund H. Fund the approved incentives granted to assist the Heritage Company, Inc. for renovations at the Boynton Terrace Apartments, approved on March 6, 2001 I. Accept the written report to Commission of purchases over $10,000 for the month of April 2003 for informational purposes .1. Approve the plat of Murano Bay, subject to the approval of the City Engineer K. Approve allocation of Community Investment Funds requested by Mayor & Commission as follows: Poinciana Elementary School (to help defray the cost of students competing in the "Odyssey of the Mind" challenge in Iowa) - Mayor Broening ($500), Vice Mayor Ferguson ($500), Commissioner McCray ($500), Commissioner McKoy ($500), and Commissioner Weiland ($2,000) PAL 12- year old Basketball Team Commissioner McCray ($1,000) & Commissioner McKoy ($1,000) Library. ~ Commissioner Weiland ($4,000) VZ. CODE COHPLZANCE & LEGAL SETTLEMENTS: A. Authorize a court ordered mediated settlement with Christopher [sadore, Plaintiff, in the amount of $10,188 (initial demand was $100,000) Agenda Regular City Commission Meeting Boynton Beach, Florida May 20, 2003 PUBLZC AUD'rENCE: ZNDZVZDUAL SPEAKERS W1'LL BE L'zMTrED TO 3-MI'NUTE PRESENTATZONS VI'TT. PUBLTC HEARZNG: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERIqTI'S A. Project: Serrano O Boynton (ANNEX 03-001) (TABLED TO 6/3/03,) Agent: .lulian Bryan Owner: Beth Peschl Location: West of Congress Avenue, North of the L-28 Canal Description: Request to annex a +9,74-acre parcel B. Project: Serrano @ Boynton (LUAR 03-002) (TABLED TO 6/3/03,) Agent: Julian Bryan Owner: Beth Peschl Location: West of Congress Avenue, North of the L-28 Canal Description: Request to amend the Comprehensive Plan Future Land Use Nap from NR-5 (Palm Beach County) to Nedium Density Residential (NeDR) C. Project: Serrano @ Boynton (LUAR 03-002) (TABLED TO 6/3/03) Agent: Julian Bryan Owner: Beth Peschl Location: West of Congress Avenue, North of the L-28 Canal Description: Request to rezone a 9.74-acre parcel from AR (Palm Beach County) to Planned Unit Development (PUD) D. Project: The Arches (LUAR 03-003) Agent: Nancy C. Graham, Urban Principles, LLC Owner: Contract Purchaser Boynton Ventures 1, LLC Location: Multiple blocks beginning at the southwest corner of Ocean Avenue and US-! Description: Request to amend the Comprehensive Plan Future Land Use Nap from Nixed Use (MX) to Nixed Use Core (MXC); and Request to rezone from Central Business District (CBD) to Nixed Use-High Intensity (MU-H) For mixed use development (commercial and residential) E. Project: The Arches (ABAN 03-002) Agent: Nancy C. Graham, Urban Principles, LLC Owner: Contract Purchaser - Boynton Ventures 1, LLC Location: Multiple blocks beginning at the southwest corner of Ocean Avenue and US-1 5 Agenda Regular City Commission Meeting Boynton Beach, Florida May 20, 2003 Description: Request abandonment of a portion of that certain 20-foot wide alley lying adjacent to Lots 1 through ~, and Lots 11 through 14, together with the north half of said alley lying south of and adjacent to Lot 5, all in Block 7, Odginal Town of Boynton F. Project: Club Ovation (COUS 03-002) Agent: Randy Grinter Owner: Randy Grinter, Tommy Pauletti, Tommy Kansler Location: 3637 South Federal Highway Description: Request for Conditional Use approval to allow athletic competitions in a C-3 zoning district D(. CTrY MANAGER'S REPORT: A. Update on Fire Station #4 Land Purchase and Site Options 8. Review of Fire Station #2 Location Options C. Discussion of Purchase of Jaycee Park Parcel from Rodda :Inland Navigation District - suggested offer of $2.2M D. Discussion of Cash in Lieu Formula for Off-street Parking in CBD Area E. Discussion of Marina Development Agreement X. FUTURE AGENDA TrEMS: A. Follow-up Discussion on Capital Improvement Project Priorities and Funding Mechanisms (June 3, 2003) B. Review of Haitian Alliance Church Site Plan (June 3, 2003) C. Report on Renewal of City Health Insurance Program (June 3 or June 17, 2003) D. Review of City Bidding Procedures (June 17, 2003) E. Review of Annexation Enclaves (June 17, 2003) F. Report o_n_ Bottling of City Water (June 17, 2003) G. Firefighter Sculpture Presentation (July 15, 2003) H. Budget Discussion Workshops (July 15, 16 and 17, 2003) Follow-up Meeting with CRA on Development :Issues (August 2003) Agenda Regular City Commission Heeting Boynton Beach, Florida Hay 20, 2003 .]. Workshop Regarding Cemetery Options and Proposal by Cemetery Board to Expand Cemetery West into Little League Park (Summer 2003) K. First Budget Hearing (September 9, 2003) L. Second Budget Hearing (September 16, 2003) M. Approve Community Development Block Grant (CDBG) Sub-Grantee Agreement with .luvenile Transition Center, Inc. of Boynton Beach in the amount of $7,500 (Proposed Resolution No. R03- ) X/. NEW BUSTNESS: A. Approve the Special Event Permit request for Shepherd/Pearsall rehearsal dinner at Mangrove Walk at the Madna On August 1, 2003 B. Discussion regarding Commissioner's attendance at a Workforce Alliance Board of Directors meeting C. Proposed Ordinance Establishing Guidelines for Verifying Qualifications of Advisory Board Members LEGAL: A. Ordinances - 2~ Reading - PUBLIC HEARZNG 1. Proposed Ordinance No. 03-016 Re: Amending the Land Development Regulations, Chapter 1. Deffi~/bb/~s, by adding definitions for: "Athletic Competitions," "Amusement Arcade," "Billiard Hall," "Bowling Alley," "Gymnasium/Health Club," "Shooting Range, Indoor," "Skating Rink," and Chapter 2. Zon/ng, Section 6.C.l.m, by adding "Athletic Competitions" as a conditional use and creating separate use groups for indoor recreation uses and outdoor recreation uses 2. Proposed Ordinance No. 03-017 Re: Amending Chapter 9, "Fire Protection and Prevention" of the Code of Ordinances by amending Section 9-18, "Fireworks" to provide for prohibition of the use of pyrotechnic special effects, flame effects, or similar devices inside buildings or other enclosed spaces B. Ordinances- 1; Reading 1. Proposed Ordinance No. 03-018 Re: Amending Part II! of the Code of Ordinances, entitled "Land Development Regulations," to provide for the City Engineer to take action with respect to technical services provided by the Engineering Division of the Department of Public Agenda Regular City Commission Meeting Boynton Beach, Florida May 20, 2003 Works and amending Part III to provide for the deletion of obsolete language, and clarification of existing provisions C. Resolutions: None D. Other: 1. Set a closed-door session to discuss pending cases XIZI. UNFZN'rSHED BUSZNESS: None XZV, AD3OURNMENT: NOT[CE IF A PERSON DECIDES TO APPEAL ANY DECkS]ION NADE BY THE Ct-FY COMNI~SSION WTI'H RESPECT TO ANY NATTER CONSi'DERED AT THIS F1EET]NGf HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS ANDf FOR SUCH PURPOSE~ HE/SHE NAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE~ WHICH RECORD INCLUDES THE TEST'[I~IONY AND EV]DENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE C~"TY SHALL FURNISH APPROPRLATE AUX]UARY AIDS AND SERVLCES WHERE NECESSARY TO AFFORD AN IND~'V~DUAL W~H A DISABILJ'I'Y AN EC~UAL OPPORTUN~'I'Y TO PARTiCiPATE IN AND EN.]OY THE BENEFTI'S OF k SERVICE~ PROGRAI~I~ OR AC'I'~/TTY CONDUCTED BY THE CTTY. PLEASE CONTACT .1OYCE COSTELLO, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR AC"F[VTTY IN ORDER FOR THE CTI'Y TO REASONABLY ACCOMMODATE YOUR P-,EC~UE~T'. bg FTNAL AGENDA 5/20/2003 10:09 AH S:\CC\W P\CCAG EN DA~,G EN DAS\Y£,~R 2003\052003 F~N^L AGENDA..DOC II~T.-ANNOUNCEHENTS & PRESENTATIONS Item B.1. CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetin~ Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 1, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon~ c'~--.n [] Administrative [] Legal ! ~'~ '~ NATURE OF [] Announcement [] New Business '"o c3 ~ AGENDA ITEM [] City Manager's Report [] Presentation ::g: ¢~ [] Consent Agenda [] Public Hearing e~ ~ [] Code Compliance/Legal Settlements [] Unfinished Business co ~ :-~ RECOMMENDATION: Make announcement of Office Depot as title sponsor of the July 4th Festival of Fireworks event,. which will be held on the Motorola property, and Mayor and Commission accept a mock check as part of a photo opportunity. EXPLANATION: Office Depot has signed on as title sponsor of the July 4th Festival of Fireworks. This represents a cash payment of $10,000 to the City, which represents the largest cash sponsorship the City has received to date to help fund a special event. PROGRAM IMPACT: This is consistent with the Strategic Plan for Special Events, which calls for special events to begin to generate a positive revenue stream. FISCAL IMPACT: $10,000 ALTERNATIVES: Use City funds entirely to pay for July 4'h event. ~ /~.~ t~ Departn~"ht Hea~ Signature City Manager's S'~nature Public Affairs Department Name City Attorney / Finance / Human Resources S:\BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC Z1/.'ANNOUNCEHENTS & PRESENTATTONS WHEREAS, Monday, May 26, 2003 has been declared Memorial Day and has been designated as a national holiday by legislative enactment; and WHEREAS, the Citizens of this Nation, the State of Florida, and the City of Boynton Beach, live in freedom because of the sacrifices and contributions made by those who served in the Armed Forces of the United States of America in time of national danger; and WHEREAS, Boynton Beach Memorial Park is the final resting place for so many of our citizens who sacrificed their lives for their country, I declare this ground to be hallowed ground sacred to their memories; and WHEREAS, the Veterans Council of Boynton Beach, representing all veterans' posts in Boynton Beach, is hereby commended for its efforts in promoting this Memodal Day ceremony for our veterans who sen, ed in all wars; and WHEREAS, during peacetime there have been occasions when our active military personnel have become casualties due to the hazardous nature of their duties; and WHEREAS, these servicemen and women deserve only the highest honors equal to those who died in combat. NOW, THEREFORE, I, Gerald Broening, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, do hereby proclaim Sunday, May 25, 2003, as "THE BOYNTON VETERANS COUNCIL MEMORIAL DAY CELEBRATION" in the City of Boynton Beach and urge all citizens to remember the sacrifices and contributions of all those who served this Nation in time of war to preserve our cherished heritage of freedom, and further urge that we all join together to commemorate our veterans with an appropriate observance at 2:00 p.m. at Boynton Beach Memodal Park and by prayers in our homes and houses of worship. IN WTrNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Boynton Beach, Rorida to be affixed this 20· day of May in the Year 2003. Gerald Broening, Mayor City of Boynton Beach ATTEST: City Clerk (Corporate Seal) S:~CC~Wl=~CCAGENDA~Prociamalions~ynto~ Veta'ans Council Memor~ Day Celatxatioa. 2003.doc BOYNTON VETERANS COUNCIL American Legion Posts 164 &288, Disabled Veterans 152, Veterans of Foreign Wars Posts 5335 & 10150, Jewish War Veterans Post 440, Military Order of The Purple Heart Post 687, Korean War Veterans Unit 17. Rick Prince, Chairman Charles Strauss, Secretary 334 NW 7t~ Court 5669 Caruso Court # 103 Boynton Beach, FL 33426 Boynton Beach, FL 334356 April 5, 2003 TO: Gerald Broening, Mayor Kurt Bressner, City Manager Janet Prainito, CMC, City Clerk Marshall Gage, Police Chief :Xz John Wildner, Parks and Recreation ::~ Sgt. Richard Root, Police Honor Guard .~' coPIES TO: Jan Johnson Dave Elliott Boynton Beach City Hall 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 The Boynton Veterans Council will hold our Memorial Day Celebration on Sundsy 25 '; 2003 at- 2 pm,. This letter is a written confirmation to the City Hall that we are requesting the usage of the Boynton Memorial Cemetery, as well the setup of the tent, seating and speaker system. Your Parks Department staff (John Wilner) is familiar with the requirements of this program we are also requesting assistance in grave decoration for Friday May 23~. lan Johnson will be directly contacting you with the details. It wou~also tm a~n-eciated ff tbe City would issue a Proc ,.lamnfi'0n~_Honor of,.this event; Mayor Srownin8 is invited to present t.his at this pro .g~m and.idl m_,e~s of the ~Tty Coulll~ 8r~ invited to ,attend and will be introduced to tl~ 8~telldees. Ple8,~ conrtrm~. the date'wtmn the Proclnmntion will be read at the City Council The Police Firing Squad is requested to fire the salute during the. Ceremony.. The program opens promptly at 2 pm when the Posts will present their colors. We would welcome the Police Honor Guard joining us in presenting your flags (the Honor Guards should report at 1.45 pm. Following the Cemetery program, the group will proceed to the Boynton Inlet Park, where a wreath is dropped into the sea, honoring all airman and sailors who gave their lives for this country. A police escort would be appreciated. We are also requesting the City Police Marine Unit to actually to take the wreath and drop it at sea. Dave Elliot of the Sons of the American Legion will be our represemative for this effort. This will be at app. 315 pm. we'll use cell phones to confirm the time when the flags on the bridge will be displayed on the bridge and the boat can start its voyage. Afterward a light supper is served at the AL Post 164 for all attendees and guests. Please join us in this repast. Our final request is for the City Clerk to prepare an updated list including those Veterans who were buried this pat year. This should be mailed to Ms. Jan Johnson who is our coordinator for the decoration of the cemetery. The cemetery will be decorated on Friday the 23~ May 2003. We sincerely appreciate your help, and understanding for all these requests. · ~ Sincerely.yours, Charles Strauss, Secr~ary 561-2t74-9159 ZZL-ANNOUNCEI~ENTS & PRESENTATIONS ~tem C.l.b 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 CiW Clerk's Office Meeting Dates in to City Clerk's Office [] April 1, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31,2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal ~t~ NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearmg [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: To recognize and present a plaque to Mayor Gerald Broening from the Black History Awareness Committee. EXPLANATION: The Black History Awareness Committee wishes to thank Mayor Gerald Broening for his leadership, guidance and direction in promoting the on-going, year round efforts of the Black History Awareness Committee to raise awareness of the positive contributions made by African Americans. PROGRAM IMPACT: The Committee's purpose is to promote African American History through greater emphasis on educating the public to the achievements of distinguished African Americans. FISCAL IMPACT: N/A ALTERNATIVES: N/A Depat2hncnt Head' ~"Sign~ture City Manager's Signature Department Name City Attorney / Finance / Human Resources SSBULLETINLFORMS~AGENDA ITEM REQUEST FORM.DOC il'Z.-ANNOUNCEHENTS & PRESENTATIONS Item C.I.c 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 [] April 1,2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Admimstrative [] Legal NATURE OF r'~ Announcement [] New Business AGENDA ITEM [] City Manager's Report ~ Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Recognition for the more than 100 volunteers who participated in the 2003 Great American Clean-up held in the City of Boynton Beach Saturday, April 12tl~. Certificates of appreciation will be issued to the participants during the commission meeting. EXPLANATION: On Saturday, April 12 the City Of Boynton Beach participated in it's fourth annual Great American Clean-up. Neighborhoods and organizations participating included Helping Hand Mission Organization, Jubilee Ministry Church, Boynton Beach Outreach Youth, MAD DAD's of Boynton Beach Step Team, Poinciana Heights Neighborhood Organization, INCA, Village Royale on the Green, Four Seas Sun Condo Association, Boynton Beach Faith-based CDC Youth and Boynton Hills Neighborhood Association, recognition to the city's solid waste division for picking the trash up and taking to the Solid Waste Authority, plus individual and family members who contributed their time to pick up trash on that day. PROGRAM IMPACT: The above organizations and people contributed to our community by assisting to improve the city's image, instilling a sense of pride in our neighborhoods and helping to focus on our need to keep our community free of trash and litter. Over two hundred bags of trash were delivered to the Solid Waste Authority as a result of our volunteer efforts. FISCAL IMPACT: There is no fiscal outlay for funding the above project. It is funded entirely by the Keep Palm Beach County Beautiful Program and the Solid Waste Authority of Palm Beach County. ALTERNATIVES: There is no current funding available for this project out,de of the above-mentioned program. Department Head's Signature I ' city l~anager's Signature Neighborhood Services Department Name City Attorney / Finance / Human Resources S:~BULLETIN~ORMSX. AGENDA ITEM REQUEST FORM.DOC V.-CONSENT AGENDA CITY OF BOYNTON BEA ITEM B.1. 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 Cit~ Clerk's Office Meetine Dates in to City Clerk's Office [] April 1, 2003 March 17, 2003 (Noon.) [] June 2, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) (~D [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business ~.. ~.~ AGENDA ITEM [] City Manager's Report [] Presentation ~ c~'~- [] Consent Agenda [] Public Hearing ~" [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to extend Bid # 048-2511-00/KR, "TWO (2) YEAR LEASE CONTRACT for 24' X 60' PORTABLE OFFICE TRAILER" to RESUN LEASING INC. in the amount of $12,000.00. EXPLANATION: At the Commission meeting of May 16, 2000, this bid was awarded to VISION BUILDING SOLUTIONS L.L.C. which is currently known as Resun Incorporated of Palm Beach Gardens, Florida. During this (2) two year period Resun Incorporated has provided us with satisfactory service. This contract will expire on May 16, 2003; however, according to the Terms and Conditions we have the option to renew the existing lease for an additional year, provided both parties agree. See attached extension letter from Resun, Inc. and Scott Blasie, Code Enforcement Administrator, memo dated May 5, 2003. CONTRACT PERIOD: MAY 17, 2003 TO MAY 16, 2004 Bid g063-2511-03/KR FISCAL IMPACT: ACCOUNT# BUDGETED DESCRIPTION: AMOUNT Code Compliance Lease 001-2120-521.44-41 $12,550.00 Department Head's Signature ' C~'ty Manager's Signature ::1: "<c:) Department Name City Attorney / Finance / Human Resour~ ~}~ S:kBULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC C: Scott Blasie - Code Enforcement Administrator File RESOLUTION NO. R03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AN EXTENSION OF THE LEASE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND RESUN LEASING, INC., FOR THE LEASE OF A PORTABLE OFFICE TRAILER IN THE AMOUNT OF $12,000.00; AND PROVIDING AN EFFECTIVE DATE. WI-IEREAS, on May 16, 2000, by Resolution No. R00-61, the City Commission B id No. 0 48-2511-00/KR to Vision Building Solutions LLC for a two-year lease :ontract, which provided for two one-year extensions, for portable office trailer space for the ,'s Code Compliance Division; and WHEREAS, that Agreement was assigned by Vision Building Solutions LLC to Leasing in August, 2000; and WHEREAS, pursuant to the terms of the original Agreement, the term was extended for an additional year fi.om May 19, 2002 through May 18, 2003; and WI-IEREAS, R esun a nd t he City o f B oynton B each h ave mumally a greed that the of the Agreement should be extended under the same conditions and rental rate for an ,nal one year period, expiring on May 16, 2004; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does authorize a one year extension of the Lease Agreement between the City of Boynton Beach and Resun Leasing, in the amount of $12,000.00, for portable office trailer space for the City's Code Compliance Division, a copy of which Extension Agreement is attached Section 2. This Resolution shall become effective immediately upon passage. ;:\CA~RESO~Agreements~Resun fixtension Agreement - Code Compliance.doc PASSED AND ADOPTED this __ day of May, 2003. CITY OF BOY'NTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner Clerk CaJr~o/~mm~/l~tm Asse~n~nt Scol~ of$exv~ S:\CA\RESO~.greements\Resun Extension Agreement - Code Compliance.doc EXTENSION TO AGREEMENT THIS IS AN EXTENSION TO AGREEMENT, dated the day of , 2003, between: CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter referred to as "Lessee," and RESUN LEASING, Incorporated, a Virginia corporation authorized to do business in the State of Florida, its successors and assigns, hereinafter referred to as "Lessor." WHEREAS, on May 16, 2000, by Resolution No. R00-061, the City Commission of the City of Boynton Beach awarded Bid Bo. 048- 2511-00/KR to Vision Building Solutions LLC for a two-year lease contract, providing for two one-year extensions, for a portable office trailer providing office space to the City's Code Compliance Division, said Agreement dated May 30, 2000 (~Agreement"); and WHEREAS, the Agreement was assigned by Vision Building Solutions LLC to Lessor, effective August 4, 2000, by virtue of a Notice of Acknowledgement of Assignment, thereby assigning all rights and responsibilities under the Agreement to Lessor without affecting Lessee; and WHEREAS, pursuant to the terms of the Agreement, the term was extended under the same conditions and rental rate for an additional year from May 19, 2002 through May 18, 2003; and WHEREAS, Lessor and Lessee mutually agree that the term of the Agreement should be extended, under the same conditions and rental rate, for an additional one-year period expiring May 16, 2004; and WHEREAS, on May __, 2003, by Resolution No. R03- , the City Commission of Lessee authorized the proper City officials to execute this Extension to Agreement; and Boynton Transit Amendment Rev. 05-14-03 NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and adequacy of which are acknowledged, the parties agree as follows: Section 1. The foregoing recitals are true and correct and are hereby incorporated into this Agreement. Section 2. Pursuant to the Agreement between the parties, Lessor extends the term of the Agreement for a period of one (1) year commencing May 17, 2003 and ending May 16, 2004, at the same rental rate of $916.58 per month for the property identified in Exhibit No. 1 and in accordance with the terms set forth in Exhibit No. 2, each attached hereto and incorporated herein by reference. Section 3. All the terms and conditions of the Agreement shall carry forward for this Extension Term, unless otherwise specifically provided in the Agreement. Section 4. In all other respects the original Agreement between the parties dated May 30, 2000, and all amendments thereto are hereby ratified, reaffirmed and shall remain in full force and effect as provided by their terms. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. WITNESSES: CITY OF BOYNTON BEACH By. Mayor By. City Manager (CORPORATE SEAL) ATTEST: City Clerk Approved as to form: City Attorney Boyn~on Transit Amendment Rev. 05-14-03 - 2 WITNESSES: RESUN LEASING, INCORPORATED By President [Witness-print or type name] (CORPORATE SEAL) STATE OF FLORIDA: COUNTY OF BROWARD: BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared before me this , 2003, as President of RESUN LEASING, INCORPORATED, a Virginia corporation, and acknowledged he executed the foregoing Extension as the proper official of RESUN, INC., for the use and purposes mentioned in it and he affixed the official seal of the corporation, and that the instrument is the act and deed of that corporation. ( SEAL ) Notary Public, State of Florida (Signature of Notary taking Acknowledgment) Name of Notary Typed, Printed or Stamped My Commission Expires: Commission Number MJP: mj p H: \1990\900182 · bb\agmts\Res%m Lease Extension. doc S: \ca\agmts\Leases\Resun Lease Extension.doc Boynton Transit Amendment Rev. 05-14-03 - 3 - Lease Number. 4508007 RESUN EXHIBIT NO. 1 to Operating Lease Agreement dated 17th day of Ma¥,2003, "Agreement' by and between Resun Leasinq, Incorporated. "Lessor' and City of Boynton Beach, FL, 'Lessee' 1. Items of Property. Lessee hereby certifies that the following Propen'y has been delivered to the location indicated below, inspected by Lessee, found to be in good order and accepted pursuant to the te~ns and conditions of the Agreement as of the date indicated in section 3 below. 2. Location of Property: 145 SE 2nd Avenue Boynton Beach FL 33425 Asset # I Class , Width Lengt~ Se'ia Numar 17937 I DOUBLE :12' 60' SMM-9050A 17938 I DOUBLE 112' 60' I SMM-90508 RECEIVED APR 2 8 2O03 PROCUREMENT SERVICES Exhibit No. 2 NAME OF BID: "TWO YEAR LEASE CONTRACT FOR 24' X 60' PORTABLE OFFICE TRAILER" BID#: 048-2511-00/KR Agreement between the City of Boynton Beach, Owner; and RESUN LEASING, INC. Option One: Contract Renewal Period: Ma~' 17, 2003 to May 16, 2004 N//~ Yes, I agree to renew existing lease under the same Terms and conditions, for an additional year. Monthly Lease Amount: Per Month for One Year No, I do not wish to renew the lease at this time. Option Two: Yes, I agree to the sale of the trailer as described under Schedule A of the Lease Agreement dated May 30, 2000, with Vision Building Solutions, LLC and the City of Boynton Beach Purchase Price, at Fair Market Value, shall be: $ No, I do not agcee to sell this trailer at this time. N^ME O~ COMPANY NAME OF ~P~SE~AT~ (please print) E (~A CODE) + ~ .EPHO~ ~ER America's Gateway to the Gul£stream CITY OF BOYNTON BEACH, FLORIDA INTER-OFFICE MEMORANDUM TO: Bill Atkins, DATE: May 5, 2003 FILE: Budget/Trailer Purchasing Agent Lease ~2~ ~[~ SUBJECT: Renewal of lease for officer trailer FROM: ti- iei' REFERENCES: E (; E i V £ i) Code Compliance Administrator MAY 0 § 2003 ENCLOSURES: _ .,~,':r.~auT S£aWCES I was advised on Friday the approval came back from Resun Leasing for our request to extend the existing lease of the Code Compliance office trailer. This memorandum is confirmation that Resun Leasing has performed satisfactorily for the last two years and we wish to continue our contractual agreement with them. The account number for this activity is: 001-2120-521.44-41 The budgeted amount for the upcoming budget year is: $12,550.00 I will assume this renewal is moving forward unless I hear otherwise. Thank you for your assistance once again with this procedure. V.-CONSENT AGENDA ITEM C.1. CITY OF BOYNTON BEA AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Tumed Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 1, 2003 March 17, 2003 (Noon.) [] June 2, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Resolution authorizing the release of a cash bonds of $3,982.00 and $3,850.00 to Quarterdeck Boynton Beach, L.L.C. for the project known as the Quarterdeck Restaurant. EXPLANATION: On March 25, 2003, the Building Division sent to the Finance Department cash bonds of $3,982.00 and $3,850.00 for the completion of the permitted work at the Quarterdeck Restaurant located at 3280 Old Boynton Road. The work has been completed and the Certificate of Occupancy has been issued. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: None Quintus ~. G~eenel De~elopm~'~t~l~irector ignature Development Department ~ Department Name City Attorney / Finance / Human Resources S:~BULLETIN~FORMSL&GENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING A FULL RELEASE OF TWO CASH BONDS, ONE IN THE AMOUNT OF $3,982.00 AND ONE IN THE AMOUNT OF $3,850.00 TO QUARTERDECK BOYNTON BEACH, L.L.C., FOR THE PROJECT KNOWN AS THE QUARTERDECK RESTAURANT; AND PROVIDING AN EFFECTIVE DATE. WItEREAS, on March 25, 2003, the developer of this parcel posted two cash one in the amount of $3,982.00 and one in the amount of $3,850.00, for the ect known as Quarterdeck Restaurant; and WHEREAS, staff has advised that the required work has been completed and the 2ertificate of Occupancy has been issued; and WHEREAS, the City Commission deems it appropriate to authorize a full release of two (2) cash bonds, one in the amount of $3,982.00 and one in the amount of $3,850.00 to Quarterdeck Boynton Beach, L.L.C., for the project known as Quarterdeck NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION )F THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, hereby approves the full release of two (2) cash bonds, one in the amount of $3,982.00 and one in the amount of $3,850.00 to Quarterdeck Boynton Beach, L.L.C., for the ect known as Quarterdeck Restaurant. Section 2. That this Resolution shall become effective immediately upon :\CA~ESO\Letters of Credit\Quarterdeck - cash surety release.doc PASSED AND ADOPTED this~ day of May, 2003. CITY OF BOYNTON BEACH, FLORIDA Mawr Vice Mayor Commissioner Commissioner Commissioner ;T: Clerk Seal) S:\CAhRESO\Letters of Credit\Quarterdeck - cash surety release.doc Apr-24-O3 O9:~3A P-O! · 1015 SOUTHEAST 15TM 3TREET : FORT LAUDERDALE, FLORIDA 33316 April 24, 2003 2[~[~ ~ .Don Johnson ~"~n r- X? ,~ ,) ' ]PO BOX 310 Boynton Beach, FL :53425 Dear Mr. Johnson: Attached please find a copy of the permanent Certificate of Occup,-mcy tbr the Quarterdeck restaurant on Old Boynton Road in Boynton B:,qch. You may recall that in order to receive a Temporary Certificate of Occupancy we posted a bond in the form of two cashier's checks (in the amounts of $3,982 and $3,850) totaling $7,832. I hereby request return of those funds at your earliest opportunity. Direct the City's check to the above address, or call me at my office, (954) 525-8042, or my cell phone, (954) 448-6708, and I will stop by City Hall to pick it up or perform whatever task necessary to recover the funds. .Quarterj/teca~~Nei ghborhood Grill Owner Conw for ttw food. Stay for ttw fiat EXHIBIT "A" CBE? t V I C&Tg O~ OCCUr&NeY D&:e ...... ~Y~I~ ~g~ ~ 33436 541 749 ~4aO ~pli~tion ~r 02-00D01~05 000 OOa ~ns~ct/~ C~e . . ~E VZ/~PROI~D ~cupan~ c~ .... Zone ...... C Specl~ co~lclone Fl~l~ ~ E~ 16.~0' ~S ID~iFZb~ ~ '~I~ F~ ~ATX~ ~ZF2C&TE EXHIBIT "B" DEPARTMENT OF DEVELOPMENT BUILDING DIVISION MEMORANDUM NO. 03-054 TO: Diane Reese, Finance Director FROM: Don Johnson, Building official~L~ DATE: March 25, 2003 SUBJECT: CASH BOND - QUARTERDECK RESTAURANT - 3280 OLD BOYNTON ROAD Attached are cash/er's checks for $3,982.00 and $3,850.00 fi.om Quarterdeck Properties, L.L.C. This is a cash surety for the Quarterdeck Restaurant 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/letters fi.om James M. Hoffman, R.A. and checks XC: Timothy K. Large, Building Code Administrator Permit File # 02-1905 EXHIBIT "C" S:~Developmen6BUILDINGLMemos~Cash Bonds - 2003\Cash Bond-Quarterdeck Restaurant. doc · ,,~ Od,,l~Ul,m~li~.d. '~'*- Cashier's Check No. 2880313 ~ ~ ~'~ ). 7 ~[~..~.:' . >:.-..:~ . .... '"~ .-~ ~' ' ' .:. , Pay *STHlii ~OgSllO liNE ffUiOR[O EIGHTY' TVO DOLLARS lid OO ~ To ~ The : Order SSClTY OF IOTNTONSS ~e~=~mOf s.~ SStS ~om Si~ '..· S~ ~nio, To~ · . ....... .- "'~0~t"' ~:~NOOOOiq~: O0 · · ~ Bankof America. ~- Cashier's Check No. 2 8 6 0 213 ,..:. ,.~: :~ ~.:~. ~,.) ~,r ~,, ~. ~: .,.~;:~ -~¢: ~}..~:~:~. ,'~:~..~. ~..:f....~R~.~~)::, ~ .... .:.:,...:.,:~::.?::;?~:: .?:.:.? ...~;::::~'j:.¥'::~ .... . .... -~ .:..::.... ~ Pay ':*~** ~g' ~OUS~,' gIgBT ~ 5~ YI~ DOL~S************ { { EXHIBIT "D" City of Boynton Beach March 24, 2003 Building Department, Inspections Arm: Don Johnson, C.B.O. 100 East Boynton Beach Blvd. P.O. Box 3 I0 Boynton Beach, Florida 33425-0310 :, Re: Request for Temporary Certificate of Occupancy Quarterdeck Properties, L.L.C. 3280 Old Boynton Road 658 West lndiantown Rd., Boynton Beach, Florida 33425 Suite 210, City of Boynton Beach Permit No. 02-1905 Jupiter, Florida 33458 561. 747. 9234 office Dear Mr. Johnson, 561. 747. 0936 fax 211 South Federal Highway, Please find my request for a Temporary Certificate of Occupancy for the project Suite 11, referenced above and the following outline of incomplete work and corresponding Boynton Beach, Florida 33435 bond value. 561.735.9990 office 561.735.9992 fax The following are items that are incomplete: 1) Irrigation well and pump ............................... $ 2,500.00 2) Landscaping ........................................ $ 500.00 Roland Borglund, P.A. 3) Site lighting certification .............................. $ 500.00 mb_teki~beilsouth.net Total .............................................. $ 3,500.00 Jim Gillespie, our electrical engineer, is going to the site to certify his site lighting James Hoffman, P.A. jmh_teki~lmllsouth.net design this evening. All life safety and accessibility features required by the construction documents are complete. I hereby certify the construction complies with the construction documents and that the building is substantially complete Michael Sipula, P.A. and ready for occupancy. If I can be of further assistance please do not hesitate to mes_tek~beilsouth.net contact me at (561) 80 I-3861. Thank you for your assistance. Jeffery Smith, C.G.C. Respectfully, ~~ jjs_tek~bellsouth.net Theodore Smith, Jr., A.A.I.A. tns_tek~bellsouth.net Florida Licenses AA3566 AR12618 / AR15729 ARI1026 New Jersey License No. 13838 North Carolina License No. 8576 Wyoming License No. C-[883 NCARB Certifications No. 27129 / No. 51133 EXHIBIT "E" March 28, 2003 · ~. ~: ,, ..] Building Dep~en~ lns~io~ :;;~.. ,~ ,5~.~:,? A~: Don Jonson, C.B.O. ~./ 100 E~t Boston Beach Blvd. ; P.O. Box 310 ~ Boston Beach, Flofi~ 33425-0310 .' ~ Re: Request for Tem~ Ce~ificate of Occup~ , ~KTO~ Qu~erdeck ~ope~es, L.L.C. 3280 Old Boston Road 658 W~t Indi~to~ Rd., Boston Beach, Florida 33425 Suite 2 ! 0, Ci~ of Boston Beach Pe~it No. 02-1905 Jupit~, FloNda 33458 56 !. 747. 9234 office De~ ~. Jo~on, 561. 747. 0936 ~ 211 South Fed~ Hi,way, Ple~e ~d my request for a Tempo~ Ce~ficate of Occup~cy for ~e project Suite I 1, referenced above ~d ~e follow~g outl~e of ~complete wo~ ~d co~e~nd~g Boston B~h, Flo~da 33435 bond value. 561.735.~0 office 561.735.~92 ~ ~e follo~g ~ items ~at ~e ~complete: 1) Reconfi~ ~ows on (2) e~t si~ ..................... $ 20.00 2) Complete wo~ on (3) si~ ............................ $ 3,000.00 Rol~d Bo~l~ ~A. 1) I~gafion well, p~p ~d l~cap~g .................... $ 3,0~.00 ~l~m.a~ 3) Site li~t~g ce~fication .............................. $ 500.~ 5) Ce~fic~on of re,re ~en~ fl~r elevation ~d ~s~afion to ~ provided for bulldog ~ ................ $ 100.00 J~es Ho~ ~A. jmh~k~ll~.n~ To~ .............................................. $ 6620.00 All life safeW ~d accessibili~ fea~s ~q~d by ~e co~cfion d~en~ Michael Sipul~ R.A. ~e complete. I he,by ce~ ~e co~on comp~es ~ ~e cons~on ~_~il~u~.net d~en~ ~d ~at ~e bufl~g ~ su~fi~y complete ~d ~My for ~cup~. If I c~ ~ of ~er ~sis~ce ple~ do not h~imte to conm~ me at (561) 801-3861. ~ you for yo~ ~sis~ce. Jeffe~ Smi~ C.G.C. ~s_te~ll~.n~ ~e~o~ Smi~, Jr., A.A.I.A. ~_tek~llsou~.n~ Florida Licenses AA3566 ARI2618 / AR15729 AR11026 New J~rs~/License No. 13838 North Carolina License No. 8576 Wyoming License No. C-1883 NCARB Certifications No. 27129 / No. 51133 EXHIBIT "F" ~~1~ V.-CONSENT AGENDA CITY OF BOYNTON BEA ITEM C.2. AGENDA ITEM REQUEST F 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 Meetim, Dates in to City Clerk's Office April 1,2003 March 17, 2003 (Noon.) [] June 2, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31,2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) ' [] May6,2003 April l4, 2003 (Noon) [] Julyl,2003 June l6, 2003 (Noon) [] May20,2003 May 5, 2003 (Noon) [] July i 5, 2003 June 30, 2003 (Noon) [] Administrative [] Legal ~' ~:~ NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation X Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to approve by resolution Task Order 01-13 to Camp Dresser & McKee-for engineering services to develop a wastewater reuse master plan for the distribution of reuse water within the City of Boynton Beach. The total value for Task Order 01-13 is not to exceed $62,000.00 for the proposed engineering services. EXPLANATION: The proposed Task Order is designed to develop a planning document that will include potential sites for reuse water, the pathways for construction of the required pipe lines, and estimated cost of construction of those distribution pipe systems. The document will also be used as a planning guideline for projecting budget needs in this area over the next several years. PROGRAM IMPACT: The South Central Regional Wastewater Treatment & Disposal Board has set in motion the process of taking the regional plant to 100% reuse of the final plant product. That is a very ambitious plan and will take several years to complete. We currently have reuse service into the Boynton Beach service area that serves several golf course communities. That first leg delivers approximately 4 mgd to those several golf courses. This master plan will give a clear picture of what additional opportunities for reuse product may be available within our service area. FISCAL IMPACT: Funds are available in account #401-5000-590-96.05, REG027, for the engineering services outlined in this Task Order. SSBULLETIN~FORMS',AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ALTERNATIVES: Advise the South Central Regional and Wastewater Treatment & Disposal Board that we are not interested in developing an expanded reuse program within o,~r service area. Department Hea~ Signature City Manager's Signature Utilities ~ Department Name City Attorney / Finance / Human Resources Xc: Dale Sugerman Bob Kenyon Barb Conboy S:\BULLETIN~FORMSXAGENDA ITEM REQUEST FORM.DOC RECEIVED APR 2003 1601 Belvedere Road, Suite 211 South West Palm Beach, Florida 33406 ¥NTONBEACH UTItlTIES tel: 561 689-3336 fax: 561 689-9713 April 17,2003 Mr. Mark G. Law Deputy Utility Director City of Boynton Beach 124 East Woolbright Road Boynton Beach, Florida 33435 Subject: Task Order 01-13 Reclaimed Water Master Plan Dear Mr. Law: Enclosed herewith are three (3) signed copies of the referenced task order for preparation of a reclaimed water master plan for the City. Please contact me if you have any questions about the enclosed task order. We appreciate the opportunity to assist the City with this important project. Very truly yours, David F. Holtz, P.E. Associate Camp Dresser & McKee Inc. DFH/bes Enclosures File: 0000-DFHNB-MS.DFHBB N:~000~bs7445 Ltr. doc consulting · engineering · construction · operations RESOLUTION NO. R03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING EXECUTION OF TASK ORDER NO. 01-13 TO CAMP, DRESSER & MC KEE, INC., IN AN AMOUNT NOT TO EXCEED $62,000 FOR ENGINEERING SERVICES TO DEVELOP A WASTEWATER REUSE MASTER PLAN FOR THE DISTRIBUTION OF REUSE WATER WITH THE CITY OF BOYNTON BEACH;; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, this Task Order is designed to develop a planning document that will include potential sites for reuse water, the pathways for construction of the required pipe and estimated cost of construction of those distribution pipe systems, and will also be ;ed as a planning guideline for projecting budget needs in this area over the next several and WHEREAS, the City Commission, upon staff's recommendation, has deemed it and in the best interests of the public, to approve Task Order No. 01-13 for Dresser & McKee., engineering services to develop a wastewater reuse master plan for the distribution of reuse water within the City of Boynton, in an amount not to exceed $62,000. 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 tree 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 execution of Task Order No. 01-13 for Camp, Dresser & McKee., engineering services to develop a wastewater reuse master plan for the distribution of reuse within the City of Boynton, in an amount not to exceed $62,000. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~ day of May, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner Clerk ENGINEERING SERVICES TASK ORDER CITY OF BOYNTON BEACH TASK ORDER NO. 13 DATE: CDM PROJECT NO. 6276 - 13 I. PROIECT TITLE Reclaimed Water Master Plan II. BACKGROUND ' The City of Boynton Beach is served by the South Central Regio ,ngl Wastewater Treatment and Disposal Board (SCRWTDB) which was founded in 1974 through an interlocal agreement between the Cities of Boynton Beach and Delray Beach to provide regional treatment and disposal of wastewater. The South Central Regional Wastewater Treatment Facility (WWTF) presently has a treatment capacity of 24 MGD and provides secondary treatment with flow equalization and disposal by ocean outfall. The WWTF also provides tertiary treatment of up to 4 MGD of flow for reclaimed water use via irrigation on-site and off-site at designated golf courses and neighborhood green spaces. The golf courses and green spaces currently utilizing reclaimed water for irrigation are all located within the City of Boynton Beach's service area. In an effort to identify means to achieve additional reclaimed water use within the City's service area, the City of Boynton Beach desires to prepare a Reclaimed Water Master Plan. The purpose of the Master Plan is to serve as a planning document for which reclaimed water can be implemented in phases as capital improvements are budget and scheduled throughout the City. The Master Plan will also provide a planning tool for use by the SCRWTDB for timely planning of expansion of the tertiary treatment facilities. 1II. CONTRACT REFERENCE This Task Order shall be performed under the terms and conditions described within the Agreement for General Engineering Consulting Services dated the 4~, day of October 2000 between the City of Boynton Beach (City) and Camp Dresser & McKee Inc. (CDM). W. SCOPE OF SERVICES The Scope of Services shall include the following tasks related to development of a reclaimed water master plan: Task No. Description 1. Data Compilation 2. Master Plan Development 3. Phasing Plan and Cost Development 4. Reclaimed Water Master Plan Final Report ClJM 1 N:\0000~bs7445 Task Ord~r.doc-04/17/03 The detailed Scope of Services is provided in Exhibit A. V. PROJECT SCHEDL~E The completion dates for this work will be as follows (starting at written notice-to- proceed). Task Time ~ Cumulative Time Task 1 - Data Compilation 2 weeks ~ weeks Task 2 - Master Plan Development 10 weeks t2 weeks Task 3 - Phasing Plan and Cost Evaluation 2 weeks ... 14 weeks Task 4 - Reclaimed Water MP Final Report 2 weeks ,, 16 weeks VI. COMPENSATION FOR SERVICES The total amount to be paid to CDM by the City under this Task Order shall be a lump sum amount of $62,000. The proposed labor costs and associated expenses for engineering services are summarized below by task and derailed in Attachment A. Task No. Lump Sum Fee ($) 1 $2,750 2 42,050 3 9,050 4 8,150 Total $62,000 A summary of the estimated cost for this Task Order is provided in Exhibits B and C. IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. CAMP DRESSER & McKee INC. CITY OF BOYNTON BEACH, FLORIDA David F. Holt. z, P.E. Gerald Broening, Mayor Associate ~ 2 N:\0000~s7445 Task Order. doc-04/17/03 EXHIBIT A RECLAIMED WATER MASTER PLAN SCOPE OF SERVICES The Engineering Services for the Reclaimed Water Master Plan shall include the following tasks: · Task 1 - Data Compilation · Task 2 - Master Plan Development . · Task 3 - Phasing Plan and Cost Evaluation · Task 4 - Reclaimed Water Master Plan Final Report .. Task 1.0 - Data Compilation '. 1. CDM shall review existing data for the SCRWTDB's existing reclaimed water system, including description of treatment facilities, operation and maintenance procedures, reclaimed water delivery schedules, list of existing users, outfall routing, and reuse water quality. A summary of the data shall be provided in the Master Plan Report. 2. CDM shall review the "Reclaimed Water System Feasibility Study, June 1993', by Brown and Caldwell, the "Beach Area Reclaimed Water System Feasibility Study, September 1995" by PEC, and the 'Reclaimed Water Feasibility Analysis, November 2000", by PEC for relevant reclaimed water user information. The reports contain a significant amount of background and study area information which can be used as the basis of the Master Plan Report. CDM shall review the studies and update the information, as necessary, to compile a list of poten~al reclaimed water uses within the study area. CDM shall submit the list to the City for selection of the most feasible reclaimed water users to be included in the Master Plan Report. Task 2.0 - Master Plan Development 1. For each of the feasible reclaimed water users identified under Task 1, CDM shall confirm reclaimed water usage, area of application, storage availability, delivery schedule, and delivery characteristics (flow, pressure, etc.). This task will assume the facilities will be served directly from the WWTF's reclaimed water distribution system. 2. CDM shall identify potential reclaimed water main routing and pipe sizing from the WWTF to the feasible reclaimed water users. This task shall include a corridor analysis of routing alternatives with verification of utilities based on review of available water, sewer and drainage atlas maps and review of visible above-ground features. The corridor analysis shall consider City, County, FDOT and LWDD right of ways (ROWs) for pipe routing. This task will evaluate space and alignment feasibility only within the ROWs, and shall not include negotiation with the agencies for actual use of the ROW. N:\0000\b~?445 Scope.doc/4[16/2003 1 3. CDM shall perform hydraulic modeling of routing alternatives using Haestad WaterCad® computer modeling program. Modeling shall be run to confirm pipe sizing and delivery pressure requirements throughout the reclaimed water system based on the delivery schedule identified under Task 2.1. Task 3.0 - Phasing Plan and Cost Evaluation 1. CDM shall develop a phasing plan for implementation of the Reclaimed Water Master Plan. The phasing shall be structured so as to implement key reclaimed water mains located in close proximity to the plant in the early phases. 2. CDM shall develop an opinion of construction cost for each component of'the reclaimed water phasing plan. , Task 4.0 - Recla{rr~ed Water Master Plan Final Report .. 1. CDM shall prepare the report tiffed "City of Boynton Beach Reclaimed Water Master Plan" presenting the results and recommendations of the above work for submission to the City. Four (4) copies of the report shall be submitted in draft form for review by the City. CDM shall attend one (1) review meeting with City st~fff to review results of the draft report. 2. CDM shall submit five (5) copies of the Final Reclaimed Water Master Plan" which shall incorporate City's comments. ASSIIMPTIONS Work described herein is based on the assumptions listed below. If conditions differ from those assumed in a manner that will affect schedule or Scope of Work, CDM shall advise the City in writing of the magnitude of the required adjustments. Changes in completion schedule or compensation to CDM will be negotiated with the City. 1. Services do not include review and/or evaluation of: · City's agreement with SCRWWTDB Board and legal implications thereof. · System operation and maintenance costs. · Reclaimed water rate/fee structure. · Funding mechanisms for project implementation. N:\0000\ b~7445 Scope.doc/4/16/2003 2 EXHIBIT B PROJECT BUDGET PROJECT: City of Boynton Beach Reclaimed Water Master Plan CONTRACT REFERENCE: Agreement for General Engineering Consulting Services between City of Boynton Beach, Florida and Camp Dresser & McKee Inc. dat.e,? October 4, 2000. Labor Category Hours Total Project Director 4 Technical Specialist 12 .. Senior Engineer/Scientist 8 Professional li 18 Clerical 17 59 TOTAL LABOR COST $5,331 OTHER DIRECT COSTS $300 OUTSIDE PROFESSIONAL SERVICES $56,368 Mat_hews Consulting, Inc. TOTAL ESTIMATED COST $61,999 LUMP SLIM COST $62,000 N:\0000\bs7445 Exh B. doc\04/17/03 ' 5-1 V.-CONSENT AGENDA CITY OF BOYNTON BEAC ITEM C.3. AGENDA ITEM REQUEST F£ Reques~l City Commis~ Ds~ F~d F~m Must ~ T~ ~ C~ ~.~.~:~ ~ F~ F~ M~ ~ T~ ~ ~ 1, 2~3 ~ 17, 2~3 ~) ~ J~ 2, 2~3 ~y 19, 2~3 ~) ~ 15,2~3 M~31,2~3~) ~ l~ 17,2~3 7~2,2~3~) 6, 2~3 ~ 14, 2~3 ~) ~ J~ 1, 2~3 J~ 16, 2~3 ~) 20, 2~3 ~y ~, 2~3 ~) ~ J~y 1~, 2~3 J~ 30, 2~3 ~) AGE~A~M ~ Ci~~'s~ ~ ~on ~ ,~ ~COm~A~ON: ~ Moffon to app~ve and ex. ute by R~oinfion Task O~er No. 01-14 to Camp D~er & McK~ (~ for Bidding Ph~e se~ic~ and Construction Administ~tion for the Twen~ Ouff~ Stmcmr~ Stomwater ~provements in the amount of ~3,8~.~. EXPLANATION: Initially, the outfail treatment devices were incorporated in the INCA Stormwater Management and Water Main Replacement project. It was within this project that the engineering and design of the ouffall treatment devices occurred. However, due to the lengthy SFWMD permitting process associated with the complexity of the INCA project and due to time constraints placed on the installation of the pollution control devices by the Lake Worth Lagoon Grant Committee, it was decided to "bundle" the ouffall treatment devices with Area No. 2 of the Downtown Watershed Phase 2 of 3 project. At the time this decision was made, the impact of The Arches project to Area No. 2 of the Downtown Watershed Phase 2 of 3 project was unknown. Until the full site plan for The Arches project is disclosed and in conjunction with the City Manager's office, it has been decided to put Area No. 2 on HOLD. S:~BI. FLLE~RMS~OENDA ITEM REQUF_,,~ FORM. DOC CITY OF BOYNTON BEACH AGENDA 1TEM REQUEST FORM The City is receiving $32S,000.00 in matching funds from the Lake Worth Lagoon Grant Committee for the construction/installation of the twenty poflution control devices at existing outfall locations that are currently discharged into the Lake Worth Lagoon without treatment. In order to comply with the time constraints of the grant, we need to press ahead with this as a "stand alone" project. PROGRAM IMPACT: This task order includes the following engineering services: · Modifications of existing drawings and specifications, and creation of new drawings and specifications, as necessary to bid the water quality improvement devices as a stand-alone project · Bidding phase services · Construction administration services FISCAL IMPACT: Funds are available in Utilities Account ~407-~000-590-96.07 (STM012). ALTERNATIVES: iIteruative. If we do not meet the specifications ou~ned for the grant funding, we There nO f om Wo--h L.zoo. a..t C m i.f · ~ ' ~Kurt Bressner, Assistant City Manager City Manager Utilities Department _~~ Department Name City Attorney / Finance / Human Resources Attachment (3 Original Task Orders) bc: Dale Sugerman, Assistant City Manager Paul Fleming, Sr. Project Manager Mark Law, Deputy Utilities Director Barb Conboy, Manager, Utilities Administration File S:~BULLETIN~ORMSkAOENDA 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. 01-14 TO CAMP, DRESSER & MC KEE, INC., IN THE AMOUNT OF $43,800 FOR BIDDING PHASE SERVICES AND CONSTRUCTION ADMINISTRATION FOR THE TWENTY OUTFAI STRUCTURES STORMWATER IMPROVEMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the ouffall treatment devices were incorporated in the INCA Storrnwater Management and Water main Replacement project; and WHEREAS, due to the lengthy SFWMD permitting process associated with the ~lexity of the INCA project, and time constraints placed by Lake Worth Lagoon Grant Committee staff determined it would be appropriate to "bundle" the outfall treatment devices Area 2 of the Downtown Watershed Phase 2 of 3 project; and WHEREAS, the City is receiving $325,000 in matching funds from the Lake WOrth Lagoon Grant Committee for the construction/installation of the twenty pollution control devices at existing outfall locations that are currently discharged into the Lake Worth Lagoon without treatment, and it is imperative that this item move along as a stand alone project to comply with time constraints imposed by this grant; and WHEREAS, this task order includes the following engineering services: · Modifications of existing drawings and specifications, and creation of new drawings and specifications, as necessary to bid the water quality improvement devices as a stand-along project; · Bidding phase services; · Construction administration services WHEREAS, the City Commission, upon staff's recommendation, has deemed it appropriate, and in the best interests of the public, to approve Task Order No. 01-14 for ~, Dresser & McKee, in the amount of $43,800.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does authorize and direct execution of Task Order No. 01-14 for Camp, Dresser & McKee, the amount of $43,800.00. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this .. day of May, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner Clerk ENGINEERING SERVICES TASK ORDER CITY OF BOYNTON BEACH TASK ORDER NO. 01-14 DATE: CDM PROJECT NO. 6276 - 14 I. PROIECT TITLE Water Quality Improvement Devices at Existing Ouffalls Bidding and Construction Administration II. BACKGROUND The City has received a grant to provide pollution-control devices on 15 existing stormwater ouffalls, which currently discharge into the Lake Worth Lagoon without treatment. The ouffall treatment devices were to be implemented a. long with other stormwater management projects planned in the City. However, since the outfall treatment devices are ready to proceed to construction and the City's grant includes specific timeframes for project completion, the City will separate this work from other projects still awaiting permits, and will proceed to bidding and construction as soon as possible. This Task Order includes engineering services required to reorganize the drawings and bid documents to separate the previously designed project (NE 7· Street Stormwater Improvements) in two independent projects. 1. INCA Stormwater Management and Water Main Improvements. 2. Water Quality Improvement Devices at existing outfall. This Service Task Order is for the Water Quality Improvement Devices at existing ouffall.~. III. CONTRACT REFERENCE This Task Order shall be performed under the terms and conditions described within the Agreement for General Engineering Consulting Services dated the 4m day of October 2000 between the City of Boynton Beach (City) and Camp Dresser & McKee Inc. (CDM). IV. SCOPE OF SERVICES The Scope of Services for this task order shall include the following tasks related to modification of the bidding and contract documents for procurement and construction of the water quality improvements devices as a stand-alone project: · Modifications of existing drawings and specifications, and creation of new drawings and specifications, as necessary to bid the water quality improvement devices as a stand-alone project. 1 C:\ Documen~ ~nd Set~ng~\l~,,~ngp\Local Settings\Temporary Internet Fil~\OLK1D\b~754~.doc-04/17/03 · Bidding services. · limited construction administration services. The detailed Scope of Services is outlined in Exhibit A. V. PROJECT STATUS REVIEW CDM shall provide the City with written monthly status reports with monthly invoices for the duration of the project. VI. PROJECT SCHEDULE CDM will commence services upon receipt of written authorization and will complete the professional engineering services within the schedule included as Figure 1. The construction administration service runs concurrently with the construction contract period. In the event the contractor does not complete the work within the designated contract period, additional compensation for time-dependent services will be required. VII. COMPE2qSATION FOR SERVICES The total amount to be paid to CDM by the City under this Task Order shall be a lump sum amount of $43,800. A breakdown of the labor hours and other cost~ associated with this Task Order are provided in Exhibits B and C. IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above CAMP DRESSER & McKee INC. C1TY OF BOYNTON BEACH, FLORIDA l~avid F. Holtz, P.E. J Kurt Bressner, City Manager Associate 2 N:\ 0000\ bsTvo43.doc-04/11/03 EXHIBIT A WATER QUALITY IMPROVEMENT DEVICES AT EXISTING OUTFALLS SCOPE OF SERVIC'F.S TASK 1 - REORGANIZATION OF EXISTING CONTRUCFION DRAWINGS AND BIDDIAIG DOCUMENTS At the City's request CDM will prepare a stand-alone set of bidding documents for the construction of the water quality improvement devices. CDM will modify and reorganize existing drawings and specifications to create a separate set of drawings and specifications, as necessary, to bid the water quality devices as a stand-alone ' project- TASK 2 - BIDDING SERVICES CDM will provide services associated with bidding of this project upon acceptance of the construction plans and contract documents prepared under Task 1. Bidding Services cover the period beginning with the advertisement for bids and ending with assistance to the City in the preparation of formal contract documents' for the award of the construction contract. CDM will provide the following bidding services: · Upon City's acceptance of the construction plans and contract documents, CDM will submit approved design plans and technical specifications to the project management team (PMT). . Technical specifications will be submitted on a CD in a Adobe Acrobat format (pd0. · Schedule of bid items will be submitted on a CD. · Construction plans will be submitted in hard copy. · Plans plot files will be submitted on a CD in AutoCAD format. · Provide bound copies of construction documents for sale and distribution. · Submit three (3) bound copies of construction documents to PMT for distribution (procurement, city clerk's office and PMT). · Main~i,~ the plan holders list. · Update the plan holders list with assistance of the City's procurement services on a weekly basis. · Respond to Contractor's technical questions via issuance of written addenda. · Attendance at pre-bid meeting. · Provide procurement services with written addenda addressing contract changes prior to bid opening. · Attendance at the bid opening. · Prepare bid tabulation and recommendation of award, · The City will be responsible for advertising the Project. CDM will provide the City with the necessary documents and digital files for bidding through DemandStar by Onvia. The City will administer the bid information entered on the Demand Star by Onvia System. TASK 3 - L]2VffTED CONSTRUC-~ON AD~TION CDM will provide services associated with construction administration as described below: · Attend the Preconstruction Conference. · Distribute construction drawings (number as required by Contract) to the Contrac~r. Provide four (4) sets (2 sets of 36" x 24" (full size) and 2 sets of 12' x 18' (haft size)) of construction plans (signed and sealed) to the City. · Review shop drawings and material certificates as requested by the City. · Conduct up to 20 periodicsite visits to the job site. The number of site visits will be limited to the amount necessary for Engineer Certification. · Review field and laboratory testing certifica~ provided by the tesl~ng firm hired by the Contractor. · Attend up to 10 periodic meetings, a minimum of monthly, to discuss and agree on construction sched~llrxg, problems and/or techniques. · Prepare and process field change directive/change orders as required. · Attend the substantial completion inspection. · Review the final project doseout documents. · Prepare construction record drawings incorporating all of the changes made during construction using the Contractor's records, and as-built drawings certified by a Licensed Surveyor. · Furnish the City with record drawings on diskette using AutoCAD R14 format and two sets of prints. · Respond to Contractor's request for additional information. A-2 EXHIBIT B PROJECT BUDGET PROJECT: Water Quality Improvement Devices At Existing Ouffalls CONTRACT Agreement between City of Boynton Beach and REFERENCE: Camp Dresser & McKee Inc. dated October 4, 2000 Labor Category_ Hours Hourly Rate (S/hr) Total Officer 4 $178 Technical Spedalist 13 $150 Project Director 14 $144 Senior Engineer/Scientist 92 $129 Professional II 138 $82 Professional I 82 $70 Senior Support Services 4 $103 Staff Support Services 30 $64 Clerical 62 $41 419 TOTAL LABOR COST $360380 OTHER DIRECT COSTS Copying and Printing $2,000 Postage and Shipping 1,000 Travel 2,000 Computer and CAD 2,000 Data and Media 500. TOTAL OTHER DIRECT COSTS $7,500 TOTAL ESTIMATED COST $43,880 SUM OOO0-OFHNB-M~.DFHWPB ~,~ ExH,arr a.~ B-1 V.-CONSENT AGENDA CITY OF BOYNTON BEAC] ITEM C.4. 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 [] April 1, 2003 March 17, 2003 (Noon.) [] June 2, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31,2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1,2003 June 16, 2003 (Noon) [] May20,2003 MayS, 2OO3(Noon) [] July15, 2003 June30,2OO3(Noon)cD [] Administrative [] Legal ,..- NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Resolution authorizing the release of a cash bond of $10,169.50 to Petra Builders, Inc. for the project known as Boynton Outpatient Center. EXPLANATION: On March 28, 2003, the Building Division sent to the Finance Department a cash bond of $10,169.50 for the completion of the permitted work at Boynton Outpatient Center located at 2401 S. Seacrest Boulevard. The work has been completed and the Certificate of Occupancy has been issued. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNAq'~/b~ ~ Quintus L.t~re~le,~ev~lop~ent'Director City Manager's Signature Development Department ~ Department Name City Attorney / Finance / Human Resources S:~3ULLETINLFORMSkAGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING A FULL RELEASE OF CASH SURETY IN THE AMOUNT OF $10,169.50 TO PETRA BUII.DERS, INC.; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on March 28, 2003, the developer of this parcel posted cash surety in the amount of $10,269.50 for the project known as Boynton Outpatient Center, located at 2401 S. Seacrest Boulevard; and WHEREAS, the required improvements for this project have been completed and a Certificate of Occupancy has been issued; and WHEREAS, the City Commission, upon recommendation of staff, deems it' appropriate to authorize a full release of cash surety in the amount of $10,169.500 to Builders, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, does hereby approve the full release of the cash surety in the amount of $10,169.50 to Petra Builders, Inc., for the project known as Boynton Outpatient Center. Section 2. That this Resolution shall become effective immediately upon passage. S:\CA~RESO~Letters of CreditSPetra Builders - cash surety release.doc PASSED AND ADOPTED this ~ day of May, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner City Clerk (Corporate Seal) S:\CAkRESOkl. etters of CreditkPetra Builders - cash surety release.doc I~e ill. building i~spectioa has passed today. W'e ~be~ew/f~ ~equest the s.etus.x, oJr the Smtyplaced ud issuassce o[ the J~sai Cerdlicate o~ ~eny Metts, P~esidesst ~'JIf/ssst EXHIBIT "A" DEPARTMENT OF DEVELOPMENT BUILDING DIVISION MEMORANDUM NO. 03-060 TO: Diane Reese, Finance Director FROM: Don Johnson, Building Official~ DATE: March 28, 2003 SUBJECT: CASH BOND - BOYNTON OUTPATIENT CENTER - 2401 S. SEACREST BLVD. Attached is a check for $10,169.50 from Petra Builders, Inc. This is a cash suretY for the Boynton Outpatient Center 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 Charles Y. Dusenbury, A.I.A. and check XC: Timothy K. Large, Building Code Administrator Permit File # 01-2841 EXHIBIT "B" S:U3evelopmentkBUll..D[NG'uMemos\Cash Bonds - 2003\Cash Bond - Boynton Outpatient Center.doc EXHIBIT "C" ' Charles Y. Dusenbury 113 NW 11 ~ Street Boca Raton, FL 33432 ' 561-620-5833 March 27, 2003 City of Boynton Beach Building Department / RE: Boynton Outpatient Center 2401 S. Seacrest Blvd Boynton Beach, FL Permit # 01 2841 Please be advised that the required Hurricane Shutters for the above mentioned project is ordered and will be installed as soon as possible at a cost of $3895.00. Sincerely, Charles Y. Dusenbury, A.I.A. EXHIBIT "D" DELRAY GARDEN CENTER 3827 W. Atlantic Ave., Delray Beach, FL 33445 561-243-6869 Fax 561-243-3588 · www. delgarden.com STREET / HOME: ~ WORK: CITY. STATE AND ZIP CODE LANDSCAPE ARCHITECT DATE OF PLANS LANDSCAPE TREE WORK DATE COMP DATE We hereby submit specifications and estimates for: Price does not include state and local taxes unless sl3ecified. This prol3osal is subject to the ~eneral conditions printed on the reverse side. ~]~e ~[r~Fose hereby to furnish material and labor - complete In accordance with .above specifications, for the sum of: dollars ($ ~~0 ~. Payment to be made as follows: All mater~al is guarant~ to Oe as spec~tieO. All work to De completed in a workmanlike / ~' ,nvol~g exlra costs ~11 ~ ex~uleO only uoon written orOers, eno will b~ome an extra Signature / ~ ~ ~ / _ _ c~a~ eno ab~ th~_esl~mal~ll agr~nts contingent uo~ slnkes, accidents or Note: This pro~osal may be oe~_~y~ ~ol.~ut ~er~are tully covered Dy Wo~kmen's Compensati~ Insur- a~ ~~,n ,e~ce c~arge. ' withdrawn by us if not a~e~t~ within days. ~ .... ~ ........ ~,~0~[ _ The a~ve prices, sp~ifi- ca~ condit~s a~e sa~isfacto~ and are hereby acceoted. You are au- .Signature ~horiz~ to ~o the wor~ as sp~ified. Payment will be ~ Oate of Accep(~ce: E~IBIT "E" V.-CONSENT AGENDA CITY OF BOYNTON BEA ZTEt4 C.5. AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Tumed Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April I, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31,2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation ~ [] Consent Agenda [] Public Hearing ~: "<~ ''< [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Approval of contract between First Baptist Church of Boynton Beach and the ofc~ Boynton Beach. .. EXPLANATION: First Baptist Church will allow the City of Boynton Beach to use the building at 309 - 311 Seacrest Blvd. for the purpose of Fire Rescue training. PROGRAM IMPACT: Fire Rescue personnel will get realistic training in commercial buildings. With the influx of new personnel this training would be invaluable. FISCAL IMPACT: No cost to City. ALTERNATIVES: Props cost time, materials, money, and they are rarely realistic. Years of Fire Training experience dictates that real buildings provide the best training at the least cost. Departmoffi Hcad's Signature City Manager's Signature Department Name j City Atto~y / Finance / Human Resources S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORITING AND DIRECTING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND FIRST BAPTIST CHURCH OF BOYNTON BEACH FOR FIRE RESCUE TRAINING; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City's Fire Department desires to use the buildings located at 390- ;11 N. Seacrest Blvd., Boynton Beach, Florida for the purpose of fire rescue training ; and WHEREAS, this will allow Fire Rescue personnel to get realistic training, which is an invaluable tool to the department and the citizens and residents of the City; WHEREAS, the owner of the building, First Baptist Church of Boynton Beach, has agreed to allow the City to use the aforesaid buildings for fire rescue training sessions; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Each Whereas clause set forth above is tree and correct and incorporated herein by this reference. Section 2.. The City Commission of the City of Boynton Beach, Florida does hereby authorizes the execution of an Agreement between the City of Boynton Beach and the First Baptist Church of Boynton Beach, allowing the use of the buildings at 309-311 N. Seacrest Blvd., Boynton Beach, Florida, for fire rescue training purposes. A copy of that Agreement is attached hereto and made a part hereof. Section 3.. That this Resolution shall become effective immediately upon passage. S:\CAhRESOXAgreemcnts~BBFD~Fire Training - First Baptist Church Agr.doc PASSED AND ADOPTED this ~ day of May, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATFEST: City Clerk (Corporate Seal) S:\CA~RESOXAgreernents~BBFDYFire Training - First Baptist Church Agr.doc FIRE TRAINING AND CONTROLLED BURN AGREEMENT THIS AGREEMENT is made on this ,;5" day of /~?/ , 2003, by and between the City of Boynton Beach, Florida, a municipal corporation, wi~ a business address of 100 E. Boynton Beach Boulevard, Boynton Beach, Florida 33435, (hereinafter referred to as "City") And FIRST BAPTIST CHURCH OF BOYNTON, with an address of (hereinafter referred to as "Owner"), together referred to as the "parties". WITNESSETH: WHEREAS, the City's Fire Rescue Department desires to conduct live fire bum training exercises ("Controlled Bum Exercises") involving real property and structures for its probationary and incumbent firefighters; and WHEREAS, Owner of real property in the City desires to demolish structure(s) on the property and has offered the City's Fire Rescue Department the opportunity to use the property for live fire structure bum training; and WHEREAS, the structure(s) on the real property owned by Owner and described in this Agreement meet the criteria for Controlled Bum Exercises; and NOW, THEREFORE, in consideration of the promises and mutual covenants herein' set forth, it is agreed as follows: 1. Whereas Clauses. The above written WHEREAS clauses are correct and true. 2. Owner in fee simple. The undersigned Owner(s) hereby warrants and represents to the City by their signature(s) below that Owner(s) is the fee simple title holder of record and is qualified to enter into agreements representing the property described below, with an address of 309 -311 N. Seacrest Avenue, Boynton Beach, Florida, hereinafter referred to as the "Property" and more particularly described as: Boynton Hills Lt. 130 (Less 15 ft. remm curve Area Rd R/W) & S 20 ft. oflt 131 Blk, A 3. Actual Authority. Owner represents and acknowledges that all mortgage holders and lienholders upon the Property consent to the City's use of the property in the manner described herein, and acknowledges that the City is relying on the representations of Owner in entering into this Agreement. 4. Ownership Indemnification. Owner further agrees to hold harmless and indemnify the City or any of its officers, employees, agents, representatives or servants fi.om any and all damage, actions, suits, claims or demands of whatever kind, made by or on behalf of any person or entity as a 1 result of Owner's representation regarding ownership and fight of possession to the Property, including but not limited to reasonable attorneys fees, all costs of litigation and investigation expenses caused by said damage, actions, suits, claim or demand. 5. Consent of Owner. Owner hereby acknowledges and agrees that Owner is entering into this Agreement with the understanding that the Property and structure(s) described in this Agreement will be burned by fire and partially or fully demolished by the Controlled Burn Exercises. Owner further understands, acknowledges and agrees that the value of the Property may or may not decrease as a result of the Controlled Bum Exercise; Owner hereby understands, acknowledges and agrees that no cause of action for loss or damages or diminution in value by Owner shall lie against the City as a result of the execution of the Controlled Burn Exercise and that by signing this Agreement, Owner has relinquished the fight to bring a law suit or make any claim or demand on the City for any loss or damage to Property resulting from the execution of the Controlled Bum Exercises. 5.1 Nothing in this Agreement shall be interpreted or construed to be the City's taking of private property without just compensation to Owner. 5.2 Owner hereby acknowledges and agrees that Owner shall receive no. compensation from the City. 6. Burning of Structures, Description, Remediation. Owner hereby grants the City the fight to enter upon the Property for the purposes of preparing for and conducting training sessions'for Fire Rescue Department personnel and specifically for the purpose of burning the structures located on the Property. 6.1 Owner further acknowledges and agrees that the City shall have no obligation whatsoever to clean up and/or remove any debris found on the Property, other than the City deems necessary, for the purpose of conducting the Controlled Bum training sessions for the Fire Rescue Department. 6.2 Owner agrees that any clean up on the Property after the completion of the Controlled Bum training session is at the sole discretion of the City and Owner shall be responsible for any costs associated with the clean up of the Property after the Controlled Bum training session, to be paid upon demand. 7. Liabiliw. Acknowledging the exceptions of set forth in paragraph 4, "Ownership Indemnification" and paragraph 5, "Consent of Owner", the City and Owner agree that each party shall be responsible for any and all damages incurred as a result of their respective negligence. 7.1 Indemnification and Subrogation. The parties further agree that in the event liability or damages are imposed against a party who was not at fault, then the party at fault shall indemnify the non-faulting party. Such indemnification shall include reimbursement for any and all damages, actions, suits, claims or demands, ar/sing fi.om loss, injury or death to any person or property, including but not limited to reasonable attorneys fees, cost of 2 litigation, investigation costs. 8. Term of Agreement. This Agreement shall be take effect after the passage of a Resolution authorizing the Fire Rescue Department to perform or execute the Controlled Bum training exercise on the Property. The Agreement is for a term of one (1) year from the date executed above. The covenants concerning indemnification and liability shall remain in effect after the termination date. 9. Termination. The City reserves the right to reschedule, cancel or terminate this Agreement prior to conducting the Controlled Bum for any reason whatsoever. 10. Notice of Commencement. The City shall notify Owner in writing, by certified mail, of the date(s) it intends to perform the Controlled Bum training exercise on the Property. The City shall notify Owner in writing, by certified mail, of the date of completion of the Controlled Bum training exercise on the Property. 11. Assignment. This Agreement shall not be assigned, transferred or otherwise encumbered by the Owner. 12. Compliance with Governing Law. Owner and City agree to faithfully observe and comply with all applicable federal, state, and local laws, including but not limited to codes, ordinances, and regulations. 13. Venue. The parties agree that this Agreement shall be governed under the law of the State of Florida and venue for any dispute arising out of this Agreement shall be in Palm Beach County, Florida. 14. Notice. Whenever notice is given by a party, it must be given by written notice, sent by certified United States mail, remm receipt requested, addressed to the following: CITY: CITY OF BOYNTON BEACH P.O. BOX 310 BOYNTON BEACH, FL 33425-0310 ATTN: City Manager COPY TO: James A. Cherof, City Attorney CITY OF BOYNTON BEACH P.O. BOX 310 BOYNTON BEACH, FL 33425-0310 OWNER: FIRST BAPTIST CHURCH OF BOYNTON ~>0 ~ N. Seacrest Avenue Boynton Beach, Fl Attention: 15. Entire A.~'eement. This Agreement represents the entire and integrated agreement between the City and the Owner and supersedes all prior negotiations, representations, or agreements written or oral. This Agreement may be amended only by mutual agreement of the parties, upon written instrument of the same integrity, signed by both the parties. 16. Binding Authority. Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. 17. Severability. If any provision of this Agreement or application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 18. No Contingent Fees. Owner warrants that it has not employed or retained any company or person to secure this Agreement, and that it has not been paid any fee, or agreed to pay any person, company, corporation, individual or firm, any fee, commission, percentage, gift, or other consideration contingent upon or resulting fi:om the award or making of this Agreement. For the brea~h or violation of this provision, the City shall have the right to terminate the Agreement without liability at its discretion, and to otherwise recover the full amount of damages, if any, assessed against the City, arising fi:om the violation of this provision. 19. Insurance Certification. Owner agrees to read and sign the Insurance Certification below. INSURANCE CERTIFICATION Owner certifies that any and all insurance on the aforesaid building has been cancelled or there is a non-existence of such insurance on the said structure, and that the existence of any insurance on the structure, of any kind, would constitute perjury and establish prima facia evidence of intent to defraud which offenses are punishable by a court of competent jurisdiction. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals this __ day of ,2003. CITY OF BOYNTON BEACH Attest: BY JANET PRAINITO, CITY CLERK MAYOR GERALD BROENING 4 OWNER: ~nt Nme Silage Print STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared [Owner] ~. ~, t'~i~-~ , and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it, and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this ~*~day of ()xa~i 2003. NOTARY PUBLIC ,, ............ i ~;~,:~,,.. ':.~".'~i_.. My Commission Expires: .,~. o.. APPLiCATiON TO BURN A BU~D~G/S~cTuRE FOR TRAINING Au~J~or~ C-.,.b4,1~:ez- ~2-23~. 700(5) (ii) suppreeelon Crainin~ f~r non, haz--~-- .- Je~ fuel, etc. ~d for .t~oturai fir-~ Nama: PALM BBACH C~UNTY I-~ALTH DEPA&~-MBNT . P.O. BOX 29 · WEST PALM BBACI-I, FL Valentine, Tim To: Bingham, William Subject: FW: Training Burn Follow Up Flag: Follow up Flag Status: Flagged Do I need to put this on the agenda, and before the Commission, or will you approve this training burn ? Axe The owner stated the wires were going to be removed, and located underground because the wires were going to be in the way of the new building. ----Original H___~-~3_ e---- From: Gale, Steven Sent:. Wednesday, April 30, 2003 11:26 AH TO: Valentine, Tim Subjecl= Training Bum Tim, City of Boynton Beach fire code 9-13 (b) allows open burning for fire training purposes. You will need to submit to me an open burn permit which I will send to you in snail mail. FY~[: The building you are looking at conducting a burn at is very close to some FPL lines. Dept. of Health contact: Craig D Lattig, Environmental Specialist, phone # 355-3018 or fax # 832-3625 It.is my opinion that Fire Chief William L Bingham can approve these teaining burns by fact that City Commission eXempted fire training from their,open burn ban. Steve Gale OPEN BURN PERMIT FIRE TRAINING Issue Date: Applicant: ~.~,~,Y~ ~ Expiration Date: "~'~'~,~ Phone Number' ~/~'~4/'-~x'~, D/C Operations Signature Location of Open Bum: fd~/.'~// /4~...~,~ ¢~-4 d ~'~/ This permit authorizes open burning at the above site. This permit is only valid if signed by the Fire Marshal and the following conditions are .met: 1. No fire'Shall be ignited before nine (9) AM. ~ 2. All fires shall be completely extinguished by six (6) PM. 3. Open burning to be attended at all times. 4. Bum to be conducted when prevailing winds direct the smoke away from occupied buildings, public highways or muds. 5. Extinguishment equipment will be on site, available and ready for use. 6. A Boynton Beach Fire Rescue Fire Marshal must approve the bum for each day. 7. A hold harmless letter will be provided to the City of Boynton Beach. 8. The bum master is required to contact all necessary agencies to report their intent to burn once this permit is signed (i.e., Palm Beach County Health Department, Florida Division of Forestry). 9. NFPA Standards1403, 1500 and all other applicable laws, ordinances, and regulations shall be complied with prior to the burn. This permit may be withdrawn if all conditions to burn are not met. The Boynton Beach Fire Rescue Fire Chief and/or Fire Marshal maintain the authority to cease any burn at any time. Steve Gale Fire Marshal, CFPS, CFEI cc: File America's Gateway to the Gulfstream V.-CONSENT AGENDA CITY OF BOYNTON BEA( ITEM C.6. AGENDA ITEM REQUEST FOg, 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 [] April l, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon} [] May 6, 2003 April 14, 2003 (Noon) [] July I, 2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to approve by Resolution, funding for the construction of a 2 million gallon reuse water storage tank at the South Central Regional Wastewater Treatment and Disposal facilities in the amount of $600,000 to be divided equally between the City of Boynton Beach and the City of Delray Beach ($300,000 each). These funds will he used as a match for the $300,000 South Florida Water Management Dis~ct 2002/2003 Alternate Water Supply Grant. EXPLANATION: It is necessary to construct additional storage facilities on site at the plant as part of the next phase of expanding the Regional Plant's ability to expand production, storage, and delivery of reuse water to the two cities. This is one of several issues that are required to take the plant discharge to 100% reuse over the next several years. PROGRAM IMPACT: This is the next phase of several future phases that will be required to continue to expand the SCRWTDB ability to deliver reuse product to the Boynton Beach and Delray Beach service areas. S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMPACT: Funding is available in account number 401-5000-590-96-05, REG027 for the $300,000 associated with our share of this project. ALTERNATIVES: No alternatives are available if we arc to support the SCRWTDB plan to evolve the discharge of the plant to 100% reuse, q ~., ~ Department Head'sqgnature City Manager's Signature Utilities Department City Attorney / Finance / Human Resources cc: Mark Law Barb Conboy SABULLETIN~ORMSL&GENDA [rEM REQUEST FORM.DOC RESOLUTION NO. R03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND APPROVING FUNDING FOR THE CONSTRUCTION OF A 2 MILLION GALLON REUSE WATER STORAGE TANK AT THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DIPOSAL FACILITY IN THE AMOUNT OF $600,000 TO BE DIVIDED EQUALLY BETWEEN THE CITY OF BOYNTON BEACH AND THE CITY OF DELRAY BEACH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on April 17th, 2003, the South Central Regional Wastewater Treatment Disposal Board (SCRWTDB) authorized the funding for the reclaimed storage tank; and WHEREAS, it is necessary to construct additional storage facilities on site at the ~lant as part of the next phase of expanding the Regional Plant's ability to expand )roduction, storage, and delivery of reuse water to the Cities of Boynton Beach and Delray 3each; and WHEREAS, upon recommendation of staff, it is deemed appropriate by the City Commission of the City of Boynton Beach to approve funding for the construction of a 2 million gallon reuse water storage tank at the South Central Regional Wastewater Treatment and Disposal facilities in the amount of $600,000 to be divided equally between the City of Boynton Beach and the City of Delray Beach, in the amount of $300,000 each. These funds will be used as a match for the $300,00 South Florida Water Management District 2002/03 ~lternate Water Supply Grant. 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 approve funding for the construction of a 2 million gallon reuse water storage tank at the South Central Regional Wastewater Treatment and Disposal facilities in the amount of $600,000 to be divided equally between the City of Boynton Beach and the City of Delray Beach, in the amount of $300,000 each. Section 2. This Resolution shall take effect immediately upon passage. S:\CA\RESO~,greements\SCRWTD- reuse water storage tank.doc PASSED AND ADOPTED this ~ day of May, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATFEST: City Clerk S:\CA\RESO~.~greements\SCRWTD- reuse water storage tank.doc SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD 1801 North Congress Avenue · Delray Beach, Florida 33445 BOARD ~ Telephone City Council Members of (561) 272-7061 (561) 734-2577 Boynton Beach & Delray Beach Fax: (561) 265-2357 E-maih scrwwtp@ ix.netcom.com RECEIVED MEMORANDUM IIO Y ON iLEI ,H UTILfflE $ TO: Dick Hasko, Director..~_City of Delray Beach Environmental Services v/Mark Law, De~y of Boynton Beach Utilities FROM: Robert Hagel ~~~-~ DATE: April 18, 2003 RE: RESOLUTION On April 17, 2003 the Board, by a vote of 7-0, authorized the funding for the reclaimed storage tank as listed below: AUTHORIZATION TO FUND CONSTRUCTION OF 2 MILLION GALLON RECLAIMED STORAGE TANK IN THE AMOUNT OF $600,000 DIVIDED EQUALLY FROM BOYNTON BEACH AND DELRAY BEACH UTILITY DEPARTMENT FUNDS IN THE AMOUNT OF $300,000 PER CITY. THESE FUNDS WILL BE USED AS A MATCH FOR $300,000 SOUTH FLORIDA WATER MANAGEMENT DISTRICT 2002/2003 ALTERNATE WATER SUPPLY GRANT. WHEREAS, The South Central Regional Wastewater Treatment & Disposal Board (SCRWTDB) requests ratification of the action taken by the board at the Quarterly Meeting of April 17, 2003 as set forth in the attached Exhibit "A:. Therefore, we are asking for a Resolution from both Cities to approve their funding. Would you please see that this is placed on your City's next Agenda for approval. EXHIBIT "A" AUTHORIZATION TO FUND CONSTRUCTION OF 2 MILLION GALLON RECLAIMED STORAGE TANK IN THE AMOUNT OF $600,000 DIVIDED EQUALLY FROM BOYNTON BEACH AND DELRAY BEACH UTILITY DEPARTMENT FUNDS IN THE AMOUNT OF $300,000 PER CITY. THESE FUNDS WILL BE USED AS A MATCH FOR $300,000 SOUTH FLORIDA WATER MANAGEMENT DISTRICT 2002/2003 ALTERNATE WATER SUPPLY GRANT. V.-CONSENT AGENDA ITEl4 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 [] April l, 2003 March 17, 2003 (Noon.) [] June 2, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July I, 2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal ~.2-< NATURE OF [] Announcement [] New Business [. ..~-~ AGENDA ITEM [] City Manager's Report [] Presentation ';~ [] Consent Agenda [] Public Hearing ': ':: [] Code Compliance/Legal Settlements [] Unfinished Business ' "~- RECOMMENDATION: Please place this request on the May 20, 2003 City Commission Agenda underc'' c'~" .~ Consent Agenda. The Community Redevelopment Agency Board with a unanimous vote, recommended that the subject request be approved, subject to staff conditions and additional conditions to address potentially conflicting awnings and landscaping, encroachment of awnings into rights-of-way, planter boxes, trash removal, and the review of final building colors. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-105. EXPLANATION: PROJECT: The Arches (NWSP 03-002) AGENT: Nancy C. Graham, Urban Principles, LLC OWNER: Contract Purchaser - Boynton Ventures 1, LLC LOCATION: Multiple blocks beginning at the southwest comer of Ocean Avenue and US-1. DESCRIPTION: Request site plan approval for a Mixed-Use development consisting of 276 apartment units, 31,630 square feet of retail, and 12,870 square feet of offices located on 3.515 acres. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVE~.//~/~Nl~ ~~ Dev~m~t l~-tme-nt'~kector City M~ger's Si~e Pl~i~d Zo~ Dkector Ci~ A~omey / F~ce / H~ Reso~ces S:~lanning~Dk~ROJECTS~RCHES ~ BB~SP 03~2~g~da It~ Request ~e ~ches ~Bo~ton Beach NWSP 03~02 5-20-03.dot S:X. BULLETIN~ORMS'u~GENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANN'rNG AND ZONTNG DZVZSZON MEMORANDUM NO. PZ 03-100 STAFF REPORT TO: Chairman and Members Planning and Development Board and City Commission THRU: Michael Rumpf Planning and Zoning Director FROM: Eric Lee Johnson, AICP ~/~ Planner DATE: May 5, 2003 PROJECT NAME/NO: The Arches / NWSP 03-002 REQUEST: New Site Plan PRO3ECT DE$CRZP'I'ZON Property Owner: Multiple owners, including MGR of Palm Beach, ~[nc., Dolphin Bar ]~nc., and Prime Plaza, l~nc. Applicant: Boynton Ventures 1, LLC Agent: Nancy C. Graham, Urban Principles, LLC Location: Beginning at the southwest corner of Ocean Avenue and Federal Highway (see Exhibit "A"- Location Map) Existing Land Use/Zoning: Mixed Use (MX) / Central Business District (CBD) Proposed Land Use/Zoning: Mixed Use Co~e (MXC) / Mixed Use-High (MU-H) Proposed Use: Mixed Use project including Residential Multi-family, Parking Garage, Office and Retail. Acreage: 3.515 acres (153,113.4 square feet) Adjacent Uses: North: Right-of-way for Ocean Avenue and farther north are developed properties zoned Central Business District (CBD); South: Right-of-way for Southeast 2nu Avenue and farther south is a developed commercial plaza zoned Community Commercial (C-3); East: Right-of-way for Federal Highway and father east is developed commercial Staff Report - The Arches (NWSP 03-002) Memorandum No PZ 03-100 Page 2 properties zoned CBD; and West: Developed commercial properties in Block 7 zoned CBD and then farther west is right-of-way for Southeast 4~ Street and still farther west is developed commercial properties zoned CBD. Project size: Dwelling Units: 276 Multi-family units 8~. one (:[)-bedroom ].95 two (2) and three (3)-bedroom Commercial: 24,296 square feet Office: :[8,169 square feet Restaurant: 12,699 square feet Site Characteristics: The subject lots are currently developed with multiple buildings and occupied by various commercial uses. BACKGROUND Proposal: Nancy C. Graham of Urban Principles, LLC. has assembled many lots within almost two city blocks in order to develop a large scale mixed use project. The project would consist of three (3) separate buildings ranging from three (3) stories to 10 stories in height. On the site plan, the proposed buildings are labeled Building "A" through Building "E" (see Exhibit "B" - Site Plan). Nonetheless, if approved, the applicant would request building permits consolidating all buildings into three (3) groups. Approval of this project is contingent upon the accompanying request to rezone (LUAR 03-003) the property from Central Business District (CBD) to Nixed- Use High (MU-H). The applicant has also submitted a request to abandon a portion of an alley on Block 7 (ABAN 03-002) (see Exhibit "C" - Conditions of Approval). As of today, this project represents the second "mixed-use" type of development for the City within the newly created MU-H zoning district. Retail and restaurant uses would primarily occupy the ground floor level while office and residential uses would occupy the second and remaining upper floors levels. This scenario would be consistent with the standards of the NU-H zoning district. The project is to be built in one (1) phase. ANALYSIS Concurrency: Traffic: Generally, a project's anticipated traffic is generated by two factors, namely the proposed use and its intensity. Intensity is typically measured by the proposed building area (in square feet). This project's traffic study was reviewed and approved by the Palm Beach County Traffic Division. However, subsequent to the Traffic Division approval, the plans were revised to reflect slightly different intensities. Since the Traffic Division already approved the traffic study for concurrency purposes, this minor discrepancy between the traffic study and the site plan shall be rectified during the permit review process (see Exhibit "C" - Conditions of Approval). Staff Report - The Arches (NWSP 03-002) Memorandum No PZ 03-100 Page 3 Drainage: Conceptual drainage information was provided for the City's review. The Engineering Division is recommending that the review of specific drainage solutions be deferred until time of permit review. All South Florida Water Management District permits and other drainage related permits must be submitted at time of building permit (see Exhibit "C" - Conditions of Approval). School: The project has met the school concurrency requirements of Palm Beach County. Driveways: The proposed development is considered a large-scale mixed-use project that would encompass nearly two (2) full city blocks. The project can be characterized by "urban / infill" development whereby front building setbacks are minimal and off- street parking is relegated to a subordinate role. The plans show that a parking garage would provide for the vast majority of off-street parking spaces, which is intentionally proposed to be located to the "rear" of the project (along Southeast 4~ Street). Also, the project is not proposing traditional driveways and surface parking lots like "suburban"-type of projects (where driveways connect to off-street parking located in front of the buildings). Conversely, this project proposes only one surface parking lot. This lot would be cradled between buildings and unseen from adjacent rights-of-way. This at-grade parking lot would have two (2) points, of ingress / egress. The driveway openings for the lot are proposed at 24 feet in width and would provide for two (2)-way traffic. As proposed, the driveway runs in a northerly-southerly direction, connecting Southeast 1~t Avenue to Southeast 2nd Avenue. Similarly, the parking garage would have two (2) entrances of its own. Both driveway openings would allow for ingress / egress movements. All other entrances to the development are for pedestrians only. Parking Facility: Off-street parking for the proposed MU-H zoning district must meet the requirements in Chapter 2, Section 1 :~.H., of the Boynton Beach Land Development Regulations. The project proposes a mix of residential, office-retail, and commercial uses. One-bedroom apartment units require one and one-half (11/2) parking spaces. Two and three bedroom apartment units require two (2) parking spaces each. The project proposes 276 units (a mixture of one, two, and three bedrooms), which would require 512 parking spaces. Restaurant uses require one (1) parking space per 100 square feet of gross floor area or one (:~) parking space per 2.5 seats, whichever is greater. Since the total number of seats is undetermined at this time, the parking methodology would be based on the gross floor area (~.2,600 square feet). Based on the gross floor area, the restaurant use would require :~26 parking spaces, which is also equivalent to 50 seats. The office-retail use requires one (1) parking space per 200 square feet of gross (net) leasable floor area. Under this standard methodology for calculating required off-street parking spaces, a grand total of 8:].9 parking spaces would be required. However, because the applicant is simultaneously requesting to rezone the subject site from the Central Business District (CBD) to the Nixed Use-High (MU-H) zoning district, the project would be permitted to utilize the Urban Land :[nstitute's Shared Parking Table methodology as a basis for calculating the required number of off-street parking Staff Report - The Arches (NWSP 03-002) Memorandum No PZ 03-100 Page 4 spaces. Therefore, based on the proposed uses and their respective building areas, the required number of parking spaces would be 750 (see Exhibit"C"- Conditions of Approval). The applicant is proposing a multi-use parking garage that would accommodate up to 718 vehicles, including 15 handicap spaces. According to the 1~ Floor Plan (prepared by Looney Ricks Kiss), a total of 42 parking spaces are proposed on the bottom floor. Also, these 42 spaces would be used for "convenience parking". Each subsequent floor would contain 98 parking spaces (on floors 2 - 7); except the eighth (8m) floor, which would have 88 parking spaces. The 9~ floor of the structure would be an open-air deck to serve as the recreation area for the apartment residents. A surface parking lot would provide for 35 additional parking spaces. As previously mentioned, this lot is proposed within the interior of Block 12. This lot would extend between Southeast 1~t Avenue and Southeast 2"d Avenue with Eco-stone pervious pavers surface material. This material would help meet the minimum 15% pervious area required of the MU-H zoning district. Regular parking space dimensions would conform to code requirements of nine feet by eighteen feet for 90 degree parking and nine feet by twenty-five feet for parallel spaces. Handicap spaces would be dimensioned twelve feet by eighteen feet. In conclusion, the parking garage combined with the surface parking lot would provide 753 parking spaces or an excess of three (3) spaces. However, the parking could be negatively impacted in the future if the applicant requests additional apartment units, restaurant seating (more than 50 seats) or more leasable floor area for the retail-office uses. If these intensities are increased, thereby creating a parking deficiency, the applicant may request to pay a "fee in lieu" of parking in order to compensate for the difference. Regardless, all requests to pay a "fee in lieu" of would require approval from the Community Redevelopment Agency Board and City Commission (see Exhibit "C" - Conditions of Approval). Between October 1, 2002 and September 30, 2003, the "fee in lieu" of parking spaces cost $1,000 each. Payment of the fee is required prior to the issuance of the first building permit. In addition to the off-street parking, the project is proposing 32 on-street parking spaces. However, these spaces cannot contribute towards the number of provided parking spaces. According to the applicant, however, they will be unrestricted and open for public use. Landscaping: The MU-H zoning district requires that at least I5% of the property is pervious area. The landscape plan shows that the total pervious area would equal 41,360 square feet (0.94 acres) or 16.6% of the site. This is accomplished by using 31,832 square feet of pervious paving material called "Eco-stone". Essentially, the typically impervious surface of the at-grade parking lot would be replaced with Eco- stone. According to the applicant, Eco-stone is a hard, pervious surface that allows water to permeate through. These "Eco-stone" pavers would also be used on pedestrian walkways and plazas proposed throughout the project. The pavers would be utilized in conjunction with the traditional pervious / landscaped areas, l~t should be noted that the Eco-stone pavers were not included within the drainage calculations of the Grading and Drainage Plan. The pavers are purposely used to meet the 15% pervious requirement of the MU-H zoning district. Staff fully Staff Report - The Arches (NWSP 03-002) Memorandum No PZ 03-t00 Page 5 endorses this concept (within the Mixed Use zoning districts). The traditional landscaped areas would total 9,528 square feet or 0.219 acres. According to the tree survey, the subject site currently contains 110 existing trees. The species consist of the following trees: Fox'tail, Coconut, Christmas, Cabbage, Royal, Queen, and Solitaire palm trees and Oak, Pink Tabebuia, and Mahogany shade trees. Many of these trees would be relocated to the School of the Arts High School in West Palm Beach. The recently adopted regulations for the MU-H district provide specific landscape requirements that are addressed in the proposed landscape plan. The trees proposed within the streetscape include Live Oak, Dahoon Holly, and Medjool Date palm trees. Palms would be used in the streetscape in areas of conflict with utility easements. The landscape plan shows that 187 shade/palm trees are proposed, of which, 52% would be native species. The landscape plan also proposes 1,172 shrubs/hedges/accents, of which, 61% would be native species. Building and Site: Building and site design as proposed would generally meet code requirements when staff comments are incorporated into the permit drawings. Many of the buildings would have varying heights but are interconnected at the base level (as shown on the floor plans and elevations). The maximum height allowed by the MU-H zoning district is 150 feet. All proposed buildings would comply with this maximum height requirement. The site plan (sheet 3 of 6, prepared by Shah Drotos) shows the buildings labeled "A" through "E". Building "A" would be five (5) stories tall with the top of the roof at 63 feet - 4 inches in height. The top of the elevator shaft would be 70 feet - 4 inches in height. Building "B" is proposed at the southwest corner of Ocean Avenue and Federal Highway. Building "B" would be three (3) stories tall with the top of the roof at 41 feet in height. Building "B" is connected to Building "A" by a sky bridge. The sky bridge would occur on the third floor. Building "C", which fronts on Federal Highway would be ten (10) stories tall and total 115 feet - 8 inches in height. The elevations show that the height of the elevator shafts and pitches in the parapet walls of Building "C" would vary. Several flagpoles with varying heights are proposed on building "C". The top of the tallest flagpole is proposed at 139 feet in height. Building "D" would contain a mix of uses, similar to the other buildings except, this building would be attached to the parking garage (Building "E'~. Building "D" would be eight (8) stories tall with varying roof heights of up to 101 feet - 5 inches in height. The elevations show that the east portion of Building "D" (along Federal Highway) would be four (4) stories tall and 52 feet - 8 inches in height. Building "E", the parking garage, would be a total of nine (9) stories. The ninth story would be unroofed (open-air) and used as the recreation area. The height of the proposed structure would vary but ultimately would be a maximum 86 feet- 5 inches. The recreation area would include a swimming pool and cabana. The cabana structure would be screened from views from the side streets by the parapet walls. However, the proposed trees may be seen from the side streets as they continue to mature. Staff Report - The Arches (NWSP 03-002) Memorandum No PZ 03-100 Page 6 Design: The project as a whole has been designed to graduate the arrangement of density. The ground floor and upper level floors have been designed as a series of interlocking spaces, unified by architectural elements, while preserving the existing street grid. The project's four (4) main arches form one of these key elements. Other design elements that unify the project include the following: Extensive high quality treatment of ground floor public space, high quality building material (such as brick facades), discrete separation of private residential spaces (to the rear and upper levels of the project), articulated building bases with store fronts, pilasters, cornices, and arcades. The public space would be easily accessible and open year round. ]~nternal public space in the form of a spacious plaza organizes and unifies the northern block and provides the essential public connection to Ocean Avenue. ]~n fact, the public plaza is proposed at :~2,500 square feet in area. A central feature of the public plaza is a water fountain. Its placement would be used as a focal point, although subtly, it provides relief and balance to the hardscape and landscape elements of the plaza. The project can be described as classic "mainstreet" architecture that reflects a composition of styles, ultimately creating an "urban" sense of place. The proposed building materials would be a combination of brick, stucco, glass, and ironwork. These, according to the applicant, were selected to reinforce the diversity of texture element common at a "mainstreet". However, the elevations do not indicate the paint manufacturer's name or color code. This information must be included on the elevations prior to the issuance of a building permit (see Exhibit "C' - Conditions of Approval). The applicant intends to use the same freestanding outdoor lighting fixtures that the City installed along the sidewalk on Ocean Avenue. The project would contain a combination of black poles / lamps within the project interior and teal poles / lamps along Federal Highway and Ocean Avenue (see Exhibit "D'- SA Light Pole Detail). Signage: No project signage is proposed with this submittal. All proposed signage must be reviewed and approved by the CRA Board and the City Commission. Staff recommends utilizing a sign program for the entire project to ensure sustained continuity throughout the life of the project (see Exhibit "C" - Conditions of Approval). RECOMMENDAT~0N: The Technical Review Committee CTRC) has reviewed this request for new site plan approval. Staff recommends approval, contingent upon the approval of the concurrent rezoning application, successful abandonment of the alley, and all comments indicated in Exhibit "C' - Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\Shared\Wp\ProjectsV~RCHES @ BB\NWSP 03-002\Staff Report. rtl Location Map EXHIBIT"A" The Arches at Boynton Beach Z Z A m c~ -NE IST V z ~ ~'~ =~ CBD R3 C2 ~E OCEAN AVl:: _ EXHIBIT 'B' ~, ,~',' -~ ~ ........... .,, , ~;.~j,. , , ~ ~_~,', ,. r. ~ ,...~ ~ ~ ' ':. ~. ,~ ~ -. ,, ] : 4 I ' I [. j ..8, . ../,.~..,,,~-~.,. ..... ,.,./...,/ , !I ~*' I ~ I ', ;'~"-" ']."'~''}'~-'."/,'/-//// -- ~, I a , I, ~(. , f . ! i .. ,. ~ ~ ~ , . . j, ~ . .-..-~r,. · ,/ ' ~ ] f~ · ~/ // / / / / ./ /' // , ~* J , , . :,,, ~.. ...,. THE ARCHES AT 80YNTON BEACH BOUNDARY ANO TOPOGRAPHIC SU~EY EXHIBIT 'B' EXHIBIT 'B' AV£NU£ EXHIBIT 'B' EXHIBIT 'B' ' '7 THE ARCHES AT 80YNTON BEACH WATER AND SEWER PLAN EXHIBIT 'B' ~ ~; ~2~ ~e ~ches ~ Boston Beach ~.: =~ Boston Beach, FL ) }-- EXHIBIT 'B' " ~, EXHIBIT 'B' The ~ches e Boston Beach Boston Beach. FL EXHIBIT 'B' EXHIBIT 'B' EXHIBIT 'B' EXHIBIT 'B' OC ~ ~ -- c . 0~TM ~ ~ 0 ~ m .=4 0 :. ~ = ~. EXHIBIT 'B' : ~ -_. _.= o il -o ~' ~; EXHIBIT 'B' EXHIBIT 'B' " ;1 "'"" I < z EXHIBIT "C" Conditions of Approval Project name: The Arches File number: NWSP 03-002 Reference: 2nd review plans identified as a New Site Plan with an April 22, 2003 Planning & Zoning Division date stamp ......... .~,. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: 1. Prior to permit application contact the Public Works Depmiment (561-742- X 6200) regarding the storage and handling of refuse. The dumpster will be supplied b7 Public Works. PUBLIC WORKS- Traffic Comments: 2. Provide "2 Hr Parking - 8:30 A.M. to 5:30 P.M." signs along Ocean Avenue, X SE 1st Avenue, SE 2nd Avenue, and SE 4th Street, at approximate 100 feet spacing. 3. Add "No Parking" signs along Federal Highway. X UTILITIES Comments: 4. All utility easements shall be shown on the site plan, landscape plan, and X water and sewer plans. In general, palm trees will be the only tree species allowed within utility easements. Canopy trees may be planted outside the easement to ensure that the roots and branches will not impact those utilities within the easement in the foreseeable future. According to Chapter 7.5, Article I, Section 18.1, the public utilities has the authority to remove any trees that interfere with utility services, either in utility easements or public rights-of-way. 5. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m, as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (see CODE, Section 26-16(b)). 6. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid X for this project either upon the request for the Department's signature on the Health Department application forms or within 30 days of site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT 7. The LDR, Chapter 3, Article IV, Section 3.P requires a statement be included X that (all other) utilities are available and will be provided by the appropriate agencies. This statement is lacking on the submitted plans. FIRE Comments: 8. Design documents shall demonstrate compliance with LDR Chapter 6, X Section 16, which provides requirements for hydrants. In addition to domestic requirements at a residual pressure of not less than 20 psi, a fire flow of at least 1500 gpm is required. 9. Design documents where underground water mains and hydrants are to be X provided, must demonstrate that they will be installed, completed, and in service prior to construction work per the Florida Fire Prevention Code, (2000) Section 29-2.3.2. 10. High-rise buildings shall be protected throughout by a Class I standpipe X system in accordance with Section 9.7. Florida Fire Prevention Code, (2000) Section 11.8.2.2. 11. Class 1, Type 60, standby power in accordance with NFPA 70, National X Electrical Code, and NFPA 110, Standard for Emergency and Standby Power Systems, shall be provided. Florida Fire Prevention Code, (2000) Section 11.8.4..2. POLICE Comments: None X ENGINEERING DIVISION Comments: 12. It may be necessary to replace or relocate large canopy trees adjacent to light X fixtures to eliminate future shadowing on the parking surface (LDR, Chapter 23, Article II, Section A. 1.b). 13. A new SFWMD permit or a modification to the existing permit will be X required for the proposed tie-in to the storm sewer system in SE 1 st Ave 14. Stormwater connection fees (Fee-In-Lieu-of Capital Improvements) will be X calculated and assessed after the SFWMD permit and stormwater connection issues are reconciled. 15. Provide an engineer's certification on the Drainage Plan as specified in LDR, X Chapter 4, Section 7.F.2. DEPARTMENTS INCLUDE REJECT 16. Full drainage plans in accordance with the LDR, Chapter 6, Article IV, X Section 5 will be required at the time of permitting. Additional comments and corrections to this plan may be generated at that time. BUILDING DIVISION Comments: 17. Identify within the site data the finish floor elevation (lowest floor elevation) X that is proposed for each building. Verify that the proposed elevation is in compliance with regulations of the code by adding specifications to the site data that address the following issues [Section 3107.1.2, Chapter 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 Management District's surface water management construction development regulations." b) From the FIRM map, identify in the site data the title of the flood zone that the building is located within. Where applicable, specify the base flood elevation. If there is no base flood elevation, indicate that on the plans. c) Identify the floor elevation that the design professional has established for the building within the footprint of the building that is shown on the drawings titled site plan, floor plan and paving/ drainage (civil plans). 18. On the drawing titled site plan, identify and label the symbol that represents X the property line. 19. At time of permit review, provide a completed and executed City of Boynton X Beach Unity of Title form. The form shall describe all lots, parcels or tracts combined as one lot. A copy of the recorded deed with legal descriptions, of each property that is being unified, is required to be submitted to process the form. The property owner that is identified on each deed shall match. 20. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 21. Add to each building that is depicted on the site plan drawing a labeled X symbol that identifies the location of the proposed handicap accessible units. Add to the drawing the calculations that were used to identify the minimum number of required units. Also, state the code section that is applicable to the computations. Show and label the same units on the applicable floor plan drawings. Compliance with regulations specified in the Fair Housing Act is required (Federal Fair Housing Act Design and Construction Requirements, 24 CFR 100.205). Conditions of Approval 4 DEPARTMENTS INCLUDE REJECT 22. Add to all plan view drawings of the site a labeled symbol that represents the X location and perimeter of the limits of construction proposed with the subject request. 23. At the time of permit review, submit details of reinforcement of walls for the X future installation of grab bars as required by the Federal Fair Housing Act 24 CFR 100.205, Section 3, Requirement #6. All bathrooms within the covered dwelling unit shall comply 24. All bathrooms in the covered dwelling unit shall comply with the provisions X of the Federal Fair Housing Act 24 CFR 100.205 (C)(3)(IV), Requirement #7 (2), Paragraph (A) or (B). Clear floor space shall be provided at fixtures to allow a person in a wheelchair or other mobility aid the use of the fixtures. Clear floor space shall be shown on the plans and designate which design option of requirement #7 (A or B) is being used. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING 25. Approval of this project is contingent upon the approval of the corresponding X request to rezone from CBD to MU-H (LUAR 03-003). 26. Approval of this project is contingent upon the approval of the corresponding X request to abandon the Southeast 1st Street alley (ABAN 03-002). If the abandonment is unsuccessful, modify site plan accordingly. 27. All proposed uses must be consistent with the MU-H zoning district identified X in Table 6F-1 in Chapter 2, Section 5.F.4 of the Land Development Regulations. 28. The proposed building areas must match between the traffic study and the site X plan. Prior to the issuance of the first building permit, the Palm Beach County Traffic Division must approve the traffic study. 29. A unity of title will be required prior to the issuance of a building permit. X 30. The drainage statement is required prior to the issuance of a building permit X (Chapter 4, Section 7.F.2.). 31. The average area of all residential units must not be below 1000 square feet X (Chapter 2, Section 6.F.5). On the site plan (sheet 3 of 6), indicate the average size of all the units to ensure compliance with the Land Development DEPARTMENTS INCLUDE REJECT Regulations. 32. On the site plan (sheet 3 of 6 prepared by Shah Drotos), correct the note for X Building "E" to indicate that the parking garage will be nine (9) stories tall (ground floor through 84 floor will be for parking, the 9th floor will be for the recreation area). 33. The site plan (sheet 3 of 6 prepared by Shah Drotos) indicates that all of X Building "D" will be eight (8)-stories tall. However, the elevations and floor plans show the eastern portion of Building "D" will be only four (4)-stories tall. Revise the site plan (sheet 3 of 6) so that it accurately corresponds to the floor plans and elevations. 34. On the site plan (sheet 3 of 6 prepared by Shah Drotos), correct the required X number of parking spaces from 749 spaces to 750 spaces. Also, correct the number of provided parking spaces: (718 spaces in garage plus 35 surface parking spaces equals 753 parking spaces). 35. On the site plan (sheet 3 of 6 prepared by Shah Drotos), eliminate the X handicap parking spaces shown within the valet area on the north side of Southeast 1st Avenue. No parking may occur in this valet area. 36. Correct the number of provided parking spaces in the "garage summary" on X the First Floor Plan (prepared by Looney Ricks Kiss). Ensure that the parking summary on the plans prepared by Looney Ricks Kiss is consistent with the site plan (sheet 3 of 6 prepared by Shah Drotos). 37. Show the 88th parking space on the "Eighth Floor Plan" of the parking garage X (prepared by Looney Ricks Kiss). 38. On the west elevation of the parking garage (prepared by Looney Ricks Kiss), X indicate by note that the 9th floor will be the "Pool Deck / Garage Roof". 39. On the site plan (sheet 3 of 6 prepared by Shah Drotos) tabular data, revise X the note that currently reads, "OFFSITE PARKING PROVIDED (NOT COUNTED IN REQUIRED SPACES) to read the following: OFF-SITE PARKING (NOT INCLUDED IN PROVIDED SPACES) 40. Place a note on the site plan (sheet 3 of 6 prepared by Shah Drotos), that X based on the parking methodology used, the total number of seats for all restaurants shall not exceed 50 seats. Any additional seats will affect the required number of parking spaces and may cause the project to fall below the development standard. 41. As presented, the project will be limited to 20,652 square feet of gross X leasable (net) retail area and 15,444 square feet of gross leasable (net) office area (Chapter 2, Section 11.H.d.(2)). Any increase in leasable area will affect the required number of parking spaces and may cause the project to fall below the development standard. 42. The number of dwelling units / unit type mix should match between the floor X Conditions of Approval 6 DEPARTMENTS INCLUDE REJECT plans (prepared by Looney Ricks Kiss) and the site plan tabular data (sheet 3 of 6 prepared by Shah Drotos). ~ 43. The removal / relocation of trees is subject to review and appr~l/~y/the X City Forester / Environmentalist. / ~/ 44. On the landscape plan, ensure that the landscape species and quam~ies match X between the landscape plan and graphic illustration. 45. Revise the Shared Parking Table on the "Site / Project Data" sheet prepared X by Looney Ricks Kiss. Based upon the proposed uses and their respective intensities, the Shared Parking Table should read as follows: Weekday Weekend Daytime Evening Daytime Evening Nighttime Office 78 8 8 4 4 Retail 78 78 104 73 6 Lodging - - - Restaurant 63 126 126 126 13 Entertainment - Residential 308 512 512 512 512 Total 527 724 750 715 535 The number of required parking spaces shown in the above Shared Parking Table may be subject to change due to unforeseen revisions made to the plans during the permitting process. Also, the Table is subject to change without Board or City Commission action if the project demands less required parking due to decreased intensifies (i.e. reduced office area, reduced number of dwelling units). However, if the intensities further increase and cause the project to become deficient in parking, any request to pay a "fee in lieu" of (providing additional parking spaces) shall be subject to the Community Redevelopment Agency and City Commission review and apt~roval. 46. The elevations must indicate the proposed paint manufacturer's name and X color code prior to the issuance of a building permit. Staff recommends consistency between the colored drawing and the elevations. 47. All project signage is subject to review and approval of the Community X Redevelopment Agency and City Commission. Staff recommends submitting a sign program. 48. Staff recommends that the applicant should coordinate with Palm Tran for an X upgraded bus-stop facility. Please contact Mr. Gerry Gawaldo, a planner with the Palm Tran Department's Development Review Committee at (561) 841- 4246. DEPARTMENTS INCLUDE REJECT ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 49. The applicant and staff will work together to ensure that the proposed X awnings and landscaping do not conflict with each. 50. Ensure that any awnings proposed in rights-of-way are properly X permitted and approved by appropriate agencies. 51. The planter boxes (west of proposed garage) shall contain Bougainvillea and X shall be imgated. 52. The method of refuse collection (handling and storage) shall be re-evaluated X to confirm sufficiency and effectiveness. 53. Prior to the issuance of a building permit, the elevations shall indicate the X proposed colors and return to the CRA for a courtesy review. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 54. To be determined. S:\Planning\SHARED\WP\PROJECTS~,ARCHES (~ BB\NWSP 03-002\COA.doc i I OPENINING ,~i --- '~ /- 8 1/'4" DIA. EXHIBIT "D" ~ RECEPTACLE AND /'c<F'"~-~ LIGHTING CIRCUITS. '~ DIMENSIONS _LING HOLES h~.~ MOUNTS TYPE "SA" ~.'-'-.,~---~ ~ >~/7'--1 1/2"PVC i ~ I(SOUND SYSTEM) _ 15" DIA. 'B.C: 12 1/2" DIA. 'CAST ALUMINUM NOTE: THIS ANCHOR PLATE ACCEPTS 28"X60" A BOLT CIRCLE FROM 11 3/4" BANNER I (BY OTHERS) - Lu~Ec .AS=~ POLE BASE - CAS~' ALU~NU. BALL PLAN VIEW - COLOR: COLTX SCALE: NONE ~ SINGLE BREAK AWAY BANNER ARM -LUMEC #BABS28 (561) 641-5501 - CAST ALUMINUM BALL - COLOR: COLTX 4," DIA. FLUTED POLE .125 WALL THICKNESS 6061-T6 STRUCTURAL. GRADE ALUMINUM. (POLE WELDED FOR SINGLE UNIT CONSTRUCTION) DOORS VflTH STAINLESS STEEL 4. ANCHOR BOLTS ALLEN HEAD SCREWS. 3/4" X 32" WITH 6' HOOK (GALVANIZED) AND OFFSET PT. FINISHED .~. SEE SHEETS C14 &: C15 GRADE 5/8'ex10'-O" 2'-~ DR! VF.N --~ - CURB 7' - 0" COPPERWELD VERTICAL GROUND ROD. BASE TYPICAL 5/4." X I0'-0" FOR I,LL COPPER CLAD . .'. GROUND ROD #8 AWG-8OND 2'-0" TO POLE '" - ~ITYPE "SA" LIGHT POLE)ETAIL ~TYPE "SB' SCALE: NONE LP1 ~ OU TL SOU; POV~ DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: The Arches APPLICANT'S AGENT: Nancy Graham - Urban Principles, LLC APPLICANT'S ADDRESS: 319 Clematis Street Suite 512 West Palm Beach, FL 33401 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: May 20, 2003 TYPE OF RELIEF SOUGHT: Request new site plan approval for the construction of a large scale mixed-use development LOCATION OF PROPERTY: Southwest corner of Ocean Avenue and Federal Highway DRAWING(S): SEE EXHIBIT "B" A'I-rACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby ~ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning~SHARED\WP~PROJECTS~ARCHES ~ BB~ABAN\DO.doc V.-CONSENT AGENDA CITY OF BOYNTON BEACI ITEM F AGENDA ITEM REQUEST FORM 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 [] April 1, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: MOTION to approve the "SURPLUS VEHICLE/EQUIPMENT LIST" as submitted by St~ff and allow selling of same. EXPLANATION: Procurement Services has reviewed the "SURPLUS VEHICLE/EQUIPMENT LIST" as submitted by FLEET ADMINISTRATION. Utilizing the City of Boynton Beach disposal process for surplus vehicles will allow the vehicles/equipment to be auctioned and generate revenues to the Vehicle Service Fund. Procurement Services requests Commission's review, evaluation and approval to sell the surplus property. PROGRAM IMPACT: The disposal of surplus vehicles/equipment will provide for maintaining inventory control and revenue reimbursement through a monitored processed by Procurement Services. FISCAL IMPACT: The revenues generated from the sale of surplus vehicles/equipment will be placed in the Vehicle Service Fund in the following account. Revenue Reimbursement Account #501-0000-365-01.00 Sale of Surplus Equipment ALTERNATIVES: Maintain the vehicles/equipment in inventories with high maintenance costs which could conceivably impact operations due to down time for repairs. Deputy Director of Financial Services ignature Procurement Services Department Name City Attorney / Finance / Human Resources S:'~BULLETINMeORMS~,AGENDA ITEM REQUEST FORM.DOC PUBLIC WORKS DEPARTMENT MEMORANDUM #03-071 To: Bill Atkins, Deputy Director of Finance Thru: Jeffrey Livergood, P.E., Director of Public Works-,3~g t3~ Chris Roberts, Deputy Director of Public Works O¢- From: Robert H. Lee, Fleet Administrator ~.~ Subj: Surplus Equipment Date: April 23, 2003 The resources listed in this memorandum have been replaced with new, updated equipment. We request the approval of the City Commission to sell these excess resources through local auction or over the Internet. II)g Make Year Model Type Vin# 0060 Volvo 1999 WG64 Tractor 4VLDBKHE4XN774586 Heil 1998 Refuse Trailer 1H9BCFFF1W8270150 0467 Ford 1997 Crn/Viv 4Dr 2FALP71W4TX159443 4016 Ford 2000 Crn/Vic 4Dr 2FAFP71WXYX139475 4018 Ford 2000 Crn/Vic 4Dr 2FAFP71W2YX 161311 4019 Ford 2000 Crn/Vic 4Dr 2FAFP71W4YX 161312 4801 Ford 1998 Crn/Vic 4Dr 2FAFP71W8WX137589 4807 Ford 1998 Cra/Vic 4Dr 2FAFP71W6WX137588 4911 Ford 1999 Crn/Vic 4Dr 2FAFP71W2XX182142 Note: The first two items are a "Combination Unit", to be sold as a unit. RL/rc V.-CONSENT AGENDA 0 ITEM G. CITY OF BOYNTON BEA( AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Tumed Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meetin~ Dates in to City Clerk's Office [] April l, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] Apr/I 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July l, 2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Admmistrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Approval of a $500.00 donation to the Palm Beach County Association of Chiefs of Police, Inc. from the departments' law enforcement trust fund. EXPLANATION: The Palm Beach County Association of Chiefs of Police, Inc. is requesting a donation from our forfeiture account to assist - · them with their association's scholarship fund. PROGRAM IMPACT: N/A FISCAL IMPACT: :z~ ~.~ --~ Funding of this request will have no fiscal impact on the department's budget. Forfeiture account 691-5000-590-04-25 co ALTERNATIVES: .~' Not approving the donation may result in the Palm Beach County Association of Chiefs of Police not being able to offer scholarships to the y~o3jlh.of ourz~county. ~ / / i~ma'ent Heads Signature City'Manager's Signature Police Department Name City Attorney / Finance / Human Resources S:~BULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC PALM BEACH COUNTY ASSOCIATION OF CHIEFS OF POLICE~ INC. Vice P~3~D~rr ~.c. c~,~x, n Chief Marshall Gage c,,E~ o~ ~oucE Boynton Beach Police Dept. i~o ~ 100 E. Boston Beach Blvd. Boston Beach, FL 33435 ~ L. S~a~ cute~ o~ ~ouc~ De~ Chief Gage: D~v B~ As you me probably aw~e, the Association's Scholms~p F~d has T~su~ been reduced to approximately $3000. T~s ~d not only provides Ri~M.L,,~ for schol~s~p ~ts for c~l~en of Co~W Law Enforcement c,,~ o~ ~o~ Officers, but also for the cash awmds that we provide ~ually to the L~A Association's Officer of the Ye~ recipients. [MM~IA~ v~ ~1o~ The members of o~ Association believe that these ~e impo~t ~d M~s.~ B. Onae wo~hwhile initiatives that reflect vew favorably upon the Palm Beach c~,~ o~ ~ooc~ County Association of Chiefs of Police. With that in mind, I turn to ao,~a~c, the members of the Association requesting ~ding assist~ce to stren~hen our fin~cial position ~d our abiliW to continue these aw~ds. I would ask that evew agency with a forfeiture account consider m~ing ~ ~ual contribution of $500.00 to the Association. A co~i~ent to do so by a si~ific~t n~ber of member agencies will insure that o~ Schol~ship Fund will remain viable. Palm Beach County Association of Chiefs of Police, ~c. AJS/~s V.-CONSENT AGENDA CITY OF BOYNTON BEA ITEM H. AGENDA ITEM REQUEST F 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 [] April I, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May6, 2003 April 14, 2003 (Noon) [] July I, 2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to fund the approved incentives granted to assist the Heritage Company, Inc., for renovations at the Boynton Terrace Apartments, approved on March 6, 2001. EXPLANATION: City Commission approved incentives to assist the Heritage Company, Inc. in obtaining a Florida Housing Finance Corporation tax credit application to receive over $3 million dollars in building renovations for the Boynton Terrace Apartments located on N. Seacrest Blvd, as a consent item at their March 6, 2001 meeting. The tax credit application has been approved by FHFC and the applicant is now prepared to commence work. PROGRAM IMPACT: Boynton Terrace Apartments are located in the in the city's Community Redevelopment Area and are a major site within the Heart of Boynton. The renovation of the apartments is considered to be a significant project relative to economic development and improved living conditions. FISCAL IMPACT: Building permit fees $61,609; Tipping fee at landfill $25,500; Dumpster service fees $19,845. Incentives totaling $106,954, to be funded from account 401-2822-536.99-04 Economic Development Incentives. ALTERNATIVES~est an alternate funding source to meet City's obligation,_.} Quintds'Grr~ne,-I~e~'br-o~D~e¥opment ity anager signature Department of Development Department Name City Attorney / Finance / Human Resources S:~BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC City of Boynton Beach Commitment to Boynton Terrace FEES WATVED AMOUNT BASTS Tipping fee at landfill $25,500 Construction cost total of $4~019,567 Building Permit $61,609 Construction cost total of $4~0:[9f567 Dumpster during Rehab $:[9,845 $125/pull + $:[4/cu. yd=$405/Ioad assumes 49 loads CASH CONTRZBUTZONS Landscape Materials $50~000 Total $156~954 TN K/ND Reduction in Parking $353~:[96.80 Variance V.-CONSENT AGENDA ITEM I. 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 Ci~ Clerk's Office Meeting Dates in to CiW Clerk's Office [] April 1, 2003 March 17, 2003 (Noon.) [] June 2, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July I, 2003 June 16, 2003 (Noon) .~ May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation ~ Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to accept the written report to Commission of purchases over $10,000 for the month of April 2003 for informational purposes. EXPLANATION: Per Ordinance, Chapter 2, Section 2-56.1 Exceptions to competitive bidding, Paragraph b, which states: "Further, the City Manager, or in the City Manager's absence, the Acting City Manager is authorize to execute a purchase order on behalf of the city for such purchases under the $25,000 bid threshold for personal property, commodities, and services, or $75,000 for construction. The City Manager shall file a written report with the City Commission at the second Commission meeting of each month listing the purchase orders approved by the City Manager, or Acting City Manager". PROGRAM IMPACT: The new Ordinance has assisted departments in timely procurement of commodities, services, and personal property. Administrative controls are in place with the development of a special processing form titled "Request for Purchases Over $10,000" and each purchase request is reviewed and approved by the Department Director, Purchasing Agent, Assistant City Manager, and City Manager. FISCAL IMPACT: The change in Ordinance approved by Commission provides the impact of reducing paperwork by streamlining processes within the organization as defined in our City's Strategic Business Focus. This allows administration to maintain internal controls for these purchases, reduce the administrative overhead of processing for approval, and allow for more timely purchases to be made. ALTERNATIVES: Revert back to the procedure prior to Ordinance change. ] /O - Deputy Director of Financial Services ' Ci~ l~Ianager's Signature Procurement Services Department Name City Attorney / Finance / Human Resources S:~BULLETIN~:ORMS~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH APPROVED REQUESTS FOR PURCHASES OVER $10,000 FOR MONTH ENDED APRIL 2003 1. Vendor: Palmetto Ford Truck Sales, Inc. Purchase Amount: $ 15,319.00 Requesting Department: Fleet Maintenance Contact Person: Robert Lee Brief Description of Purchase: Purchase of a new 2003, Ford F250, 3/4 ton Heavy Duty truck Cab & Chassis to replace unit #184 that was considered a total loss from a vehicle accident. Funding will come from the Risk Management self insurance funds. Fleet Maintenance has sold the damaged vehicle for $3,872.00 and those dollars will be applied to the purchase. Source for Purchase: Florida State Contract Fund Source: 522-1710-519-49-21 Self-Insurance Auto Liab. 2. Vendor: Vermont Systems Purchase Amount: $ 16,744.00 Requesting Department: Recreation Contact Person: Sandra Wright Brief Description of Purchase: Purchase of RecTrac software which will replace Parcsoft software that is no longer supported by H.T.E. Software will be used for recreation program registration, decal sales, league scheduling, and point of sale for Recreation & Parks Departments. There is no charge to purchase the four modules currently licensed by H.T.E., and RecTrac is compatible with H.T.E./GMBA. Source for Purchase: Sole Source Fund Source: 172-2712-572-XX-XX Multiple Accounts Recreation Pr~]. Rev. Fds. 3. Vendor: Dive Rescue International Purchase Amount: $ 20,686.50 Requesting Department: Recreation Contact Person: Sandra Wright Brief Description of Purchase: The Boynton Beach Fire Rescue has a newly formed dive rescue team. The team has need to purchase dive rescue equipment. This will be purchase via a Emergency Medical Services (EMS) grant that was originally provided to the City for Traffic Light Preemption, but due to manufacturer problems was never purchased. A change request was received from the grant agency to allow the purchase of dive rescue equipment. Source for Purchase: Three Written Quotations Fund Source: 105-3244-513-64-02 EMS Grant #C-1050 The purchases presented in this written report were approved in accordance with the provisions of Ordinance 2.56, and are now being presented to Com~m~sio~d. City Manager Approval: . _ Date: ~::>)'"z-I ~3 Presented to Commission for information on May 20, 2003. 1 of 1 O V.-CONSENT AGENDA '* CITY OF BOYNTON BEACH ITEM 3. 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 [] April 1, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May6,2003 April l4, 2003 (Noon) [] Julyl, 2003 June l6, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation t~ [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Approve the plat of Murano Bay subject to the approval by the city engineer. EXPLANATION: Murano Bay is a 20 unit townhome development consiting of 4 buildings with a pool and pool house building. The site abuts the C-16 canal to the south on the east side of U.S. 1 (see attached). PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES:~~~Approve with conditions ~-- '~'~-' ~ I~. t~ ' // element l~a/~l~s Signature City Managers Signa e Department Name City Attorney Finance / Human Resources SSBULLETINWORMS~.GENDA ITEM REQUEST FORM.DOC OCEAN INLET DRI ~ 14TH AVENUE ~ l 'MURANO BAY P.U.D." SHORE DRIVE BOYNTON B.____EACH NE 13TH AVENUE NORTH ROAD NE 12TH AVENUE .-.% SOUTH ROAD ~ l NE 11 TH AVENUE LOCA'I'ION NOT TO SCALE A COPY OF THE PLAT TS ON FZLE I'N THE OFFI'CE OF THE CI'TY CLERK. V.-CONSENT AGENDA ITEM K, - REVISED CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 1, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15. 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2. 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) :.;r; [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 [] Administrative [] Legal NATURE OF [] Announcement [] New Business [:: AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing c.t~ [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Allocation of Community Investment Funds requested by Mayor & Commission. EXPLANATION: Commission approval for allocation of $4,000 of community Investment Funds for Poinciana School to help defray the cost of the students competing in the "Odyssey of the Mind" challenge in Iowa. Poinciana is the only school in Palm Beach County that advanced to the world competition level. Mayor Broening - $500 Commissioner McCray - $500 Vice Mayor Ferguson - $500 Commissioner McKoy - $500 Commissioner Weiland - $2,000 PAL 12 year olds Basketball Team Commissioner McCray - $1,000 Commissioner McKoy - $1,000 Library Youth Services Books & Material Commissioner Ron Weiland - $4,000 PROGRAM IMPACT: Allocation of funds will assist all of the above programs. FISCAL IMPACT: Funds are budgeted for these types of activities. Each Commissioner has $12,500 in Community Investment funds to allocate subject to Commission approval. ALTERNATIVES: Decline t9 _authorize the requested use. Department Head's Signature ...4 City Manager's Signat)d'e Department Name City Attorney / Finance / Human Resources S:\BULLET1N~FORMSXAGENDA ITEM REQUEST FORM.DOC VI.-CODE - LEGAL SETrLEMENT CITY OF BOYNTON BEA( ITEM A, AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Requested City comrmssion Date Final Form Must be Turned Meeting Dates in to CiW Clerk's Office Meeting Dates in to City Clerk's Office [] April 1, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] luly 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business ::K -<ca AGENDA ITEM [] City Manager's Report [] Presentation "< [] Consent Agenda [] Public Hearing ~,o .:--j_< [] Code Compliance/Legal Settlements [] Unfinished Business __~ _ Christopher Isadore v. Citw Of Boynton Beach " PLAINTIFF COUNSEL: Jeff D. Vastola, Esq., Jeff D. Vastola, P.A. DEFENSE COUNSEL: George P. Roberts, Jr., Esq., Roberts Reynolds & Bedard, P.A. RECOMMENDATION: Motion to pay settlement from court ordered mediation in the amount of $10,188.00. EXPLANATION: On April 13, 2000, the plaintiff was traveling northbound on SE 4th Street, when a City vehicle was backing on SE l0th Avenue into the intersection. The City vehicle proceeded through a stop sign and struck the plaintiff's vehicle in the intersection. Plaintiff claimed neck and back injuries to the cervical, thoracic and lumbar regions. Medical expenses are in excess of $20,000.00. Initial demand was $100,000.00. PROGRAM IMPACT: Litigation, settlements and judgments of this nature are part of the ongoing responsibilities of the Risk Management Department. FISCAL IMPACT: Settlement will be charged to the Risk Management Department budget expenses. ALTERNATIVES: Failure to approve settlement will result in claim being litigated. Value of this case at trial is estimated at $20-30,000. Additional defense trial legal costs are estimated at $15,000. 3)/v~partment/He~d s S~nature ' ~r [2_~. City Manager's Signature RISK MANAGEMENT Department Name / City Attorne~//~i~nce / Human Resources CJM/Claimaut/IsadoreC01 .dot S:~BULLETIN~ORMS'~AGENDA ri'EM REQUEST FORM.DOC The City of Boynton Beach, Florida RISK MANAGEMENT DEPARTMENT COMMISSION AGENDA MEMORANDUM TO: Kurt Bressner City Manager THRU: Wilfred Hawkins Assistant City Manager FROM: Charles J. Magazine Risk Manager DATE: May 2, 2003 SUBJECT: Christopher Isadore v. City of Boynton Beach Date of Loss: A~ril 13, 2000 Risk Management recommends the City Comm/ssion ratify the: X Settlement m Judgement in the above stated manner. RESERVF~: Indemnity: $ 20,000 Expenses: $ 10,000 Demand: Original: $100,000 Final: $ 12,000 Offer: Original: $ 5,000 Final: $ 10,188 X SETTLEMENT: $ 10,188.00 NOTE: This settlement is the compromise of a claim for damages. Payment by the City is not to be construed, in I any way, as an admission of liability or responsibility for any damages or injuries resulting therefrom. [ Current Adjustment Fees: $ 2,559 Current Legal Fees: $ 6,251 IF NOT SETTLED Projected Legal Fees: $ 15,000 Projected Jury Verdict: $ 20-35,000 __ JUDGEMENT: $ Current Adjustment Fees: $ - Current Legal Fees: $ - CASE NARRATIVE: On April 13, 2000, the plaintiff was traveling northbound on SE 4t~ Street, when a City vehicle was backing on SE 10~ Avenue into the intersection. The City vehicle proceeded through a stop sign and struck the plaintiff's vehicle in the intersection. Plaintiff claimed neck and back injuries to the cervical, thoracic and lumbar regions. Medical expenses are in excess of $20,000.00. Initial demand was $100,000.00. Cj m/Claimaut/IsadoreCO2.doc Minimum Mediator time is 2 hours Judge: btJ/Z o ./5~t ~' ' County: ~I/_~ t~ ~'..46 H Case #: e/? z~ c9-9 z/6g a4 U,' Mediator: Rodney G. Romano, Mediation, Inc. 1-800-741-7000 Case Style: SETTLEMENT AGREEMENT This case was mediated on ~ / 3o/~ and is sealed ~der the following terns which the panics agree are binding and enforceable: 1) Defense will pay the sum of $/~ / ~ ~' , payable to plaintiff(s) and plaintiffs counsel's mst account (FE~ bJ-O~q ~5b~ ),and in exchange for a ~11 release, satisfaction of all related claims ~d liens, including medical claims and liens, and dismissal with prejudice if suit h~ been filed. 2) Panics shall bear their own costs and a~omey fees. Exceptions: Other: Defendant #2 ' Attorney for Defendant # 2 Plaintiff / Plaintiff , A4~drney for Plaintiff(s) 102-140/ms/mh IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR PALM BEACH COUNTY CASE NO: CA 02-9468 AG CHRISTOPHER ISA.DORE, Plaintiff, CITY OF BOYNTON BEACH, Defendant. PROPOSED MEDIATION SETTLEMENT AGREEMENT WITH FLORIDA MUNICIPALITY Since it is understood that under Florida Law, the rePresentative(s) of the Defendant City does not have the authority to bind Defendant City to a settlement agreement, the parties hereto propose settlement of the above captioned case upon the following terms and conditions: 1. The settlement sum to be paid to Plaintiff(s) by Defendant will be $/O / This settlement will resolve all claims of Plaintiff(s) against all Defendants and includes all claims for costs and attorneys' fees. 2. A General Release will be executed by Plaintiff(s) in favor of the Defendant(s), its present and former agents, insurer(s),servants, attorneys, officials and employees. The General Release will confirm that Defendant does not admit any liability and that any attorney's fees, costs, liens and subrogated interests arising out of the incident will be paid out of the settlement Proceeds. 3. A Stipulation for Order 0fDismissal with Prejudice of this suit will be signed by the attorneys for all parties that will be submitted to the Court for the entry of an Order of Dismissal with Prejudice confirming that each party will bear their own costs and ' attorney's fees, and that any liens and subrogaIed interests will be satisfied out of the settlement proceeds by Plaintiff(s). 1 4. Plaintiffs' counsel and Plaintiff must execute an IRS W-9 form and transmit it to counsel for Defendant(i) before any settlement check can be issued. 5. If Plaintiff(s) claims involve a claim for award of attorneys' fees against Defendant(s), Plaintiffs' counsel shall execute a Limited General Release in favor of Defendant(s) for any attorney's fees and costs incurred in the representation of Plaintiff and the prosecution of this matter. 6. This settlement is only a proposal that must be submitted to Defendant City for public hearing at a duly noticed public meeting of the City Commission or Council and receive an affirmative vote of approval, if required. 7. Plaintiff(s) must execute a statement in accordance with § 768.28(6), Fla. Stat. and, to the extent that any unpaid fines, assessments or penalties to state governmental agencies are disclosed, they must be deducted and paid out of the settlement proceeds. 8. Other stipulations: '~ ~? ~ ~ 5 e ~ ~[ '~ ~ ~ ~ ex, L-to k,. Dated this -%0 day of April, 2003. Chrisiopher Isadore, Plaintitt Cit~ ol~/o~n Beach, Defendant(s) Plaintiff George P. Roberts, Jr., Esq. .~.~ /~-'~ Defendant's Attorney felq'D. Vastola, Esq., Plaintiff(s) Attorney · ,/~gd fi eyVl~o man o," Mediator 2 VIII.-PUBLIC HEARING CITY OF BOYNTON BEA; ITEM A. AGENDA ITEM REQUEST Fut 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 [] April 1,2003 March 17, 2003 (Noon.) [] June 2, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unf'mished Business RECOMMENDATION: Please maintain this request on the May 20, 2003 City Commission Agenda as a tabled item under Public Hearing. The City Commission with a unanimous vote recommended that the subject request be postponed for 30 days pursuant to a request by the applicant. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-088. EXPLANATION: PROJECT: Serrano ~ Boynton (ANNEX 03-001) AGENT: Julian Bryan OWNER: Beth Peschl LOCATION: West of Congress, North of the L-28 Canal DESCRIPTION: Request to annex a +9.74-acre parcel. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Deve~n~t D~Wa_r~nt D~ector City M~ger's Silage - Plmg and Zo~g Duector - Ci~ ARomey / F~ce / H~ Reso~ces S:~lanning~D~ROJE~S~e~ano~ BB~E~g~da It~ Request S~no~Bo~ton A~EX 03~01 5-6~3.dot SSBULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING & ZONING D[rv'zSZON MEMORANDUM NO. PZ 03-088 TO: Chairman and Members Planning and Development Board and Mayor and City Commission FROM: Dick Hudson, A]'CP Senior Planner THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: April 17, 2003 PRO.]ECT NAME/NUMBER: Serrano at Boynton Beach Annexation (AMEX 03-00:[) and Land Use Amendment/Rezoning (LUAR 03-002) REQUEST: To annex the subject property; reclassify from MR-5 Medium Density Residential (Palm Beach County) to Medium Density Residential (City), and rezone from AR-Agricultural Residential to PUD Planned Unit Development PRO.1ECT DE$CR.tPTZON Property Owner: Beth Peschl Applicant/Agent: Paul Bach .~ Location: (Exhibit "A") Size: __.9.74 acres Existing Land Use: MR-5 (Palm Beach County) (3-5 dwelling units per acre [du/ac]) Existing Zoning: AR-USA, Agricultural-Residential in the Urban Services Area (Palm Beach County) Proposed Land Use: Medium Density Residential (9.68 du/ac) Proposed Zoning: PUD Planned Unit Development Proposed Use: 92 fee-simple townhouses Adjacent Uses: North: To the northeast, three single family homes in Silverlake Estates Page 2 C.: (..'~.. File Number: LUAR 03-002/AMEX 03-00! Serrano at Boynton Beach designated Low Density Residential {LDR) at 4.84 du/ac and zoned PUD Planned Unit Development. Actual built density of the PUD is 2.04 du/ac. To the northwest, unincorporated property developed with one two story single family residence designated MR-5 (Medium Density Residential at .5 du/ac) and zoned AR-USA, Agricultural Residential in the Urban Services Area. South: Immediately south are the rights-of-way of the Lake Worth. Drainage District L-28 Lateral Canal and Palmland Drive, then developed residential (Chantedair Villas Condominiums) designated HDR (High Density Residential at 10.8 du/ac) and zoned R-3 Multi-family Residential (10.8 du/ac). Actual built density of the duplex unit development is 7.42 du/ac. To the west of Chatedair Villas is the Palmland Villas development with a built density of 8.57 du/ac. East: Developed Elementary (Crosspointe) School designated PPGI (Public & Private Governmental/Institutional) and zoned PU Public Use. West: Village of Golf lands designated single family residential and built at a density of 1.3! du/ac. The property immediately adjacent to the subject site consists of one single family home on a :~.6 acre parcel and a portion of a vacant parcel of 4.5 acres. MASTER/STTE PLAN ANALYST~ Att applications for a rezoning to a PUD Planned Unit Development must be accompanied by a master/site plan. in this instance, the applicant: has provided a master plan. The applicant is proposing a development of 98 fee simple town homes. A 70 foot wide entrance road to the properly will be provided from Pa/mland Drive across the L-28 canal, replacing the existing foot wide ingress/egress easement~ and a 40 foot road continues north, providing access to the adjacent single family home to the north. This road also forms a loop approximately 120 feet inside the property boundaries. A one-acre lake occupies the center of the property and a one- quarter acre recreation site is at the southwest corner of the loop road. A 15 foot landscape buffer completely surrounding the property is also proposed. Design standards proposed with the master plan call for a maximum of six (6) attached units in each building and a maximum height of 35 feet. Lot sizes are to be limited to the home footprint, with yard areas held in common. Building setbacks are as Follows: Front: 20 feet to road/drive edge Side (Interior): 7..5 feet Side (Corner): 20 feet to road/drive edge Rear to Buffer or water management tract: l0 feet (25 foot separation) The maximum density allowed by the Medium Density Residential land use classification is 9..58 du/ac, which would provide the developer a maximum of 92 units. Maximum height in all residential zoning districts except R-3 Multi-family Residential is 30 feet. ]:n addition, PUD · .(~" ,.(~'.. Page 3 '"' File Number: LUAR 03-002/ANEX 03-001 Serrano at 8oynton Beach regulations require that perimeter buffers within PUDs must mirror those in abutting development. With the proposed 15 foot landscape buffer and the proposed rear setback of 10 feet, the buffer of the Silvedake development is mirrored. The rights'of-way of Palmland Drive and the L-28 Canal, along with the proposed 15 foot landscape buffer provide a setback (separation) from the Chateclair development property line of i70 feet. Similarly, the landscape buffer and interior road of the development provide a 75 foot distance from property within the Village of Golf. P RO.] Ec'r ANALYS:~S This property is less than 10 acres in size, and therefore this proposed amendment to the comprehensive plan is considered a "small-scale" amendment and is not subject to "compliance review" by the Florida Department of Community Affairs (DCA). This means that the proposed amendment, if approved by the city, will be adopted, then forwarded to the DCA for their records {"large-scale" amendments cannot be adopted until reviewed for consistency by the DCA). State annexation law allows the annexation of enclaves that are less than 10 acres without the consent of property owners; however, in this instance, the annexation is at the request of the property owner. Currently, objectives of the annexation program include annexing all enclaves less than 10 acres in all areas of the City that meet adopted level-of-services standards, and incrementally annexing enclave properties with the intent to reducing them below the 10-acre threshold. Normally, when an annexation is consistent with the comprehensive plan policies addressing annexation and will further the efforts of the city's annexation program through reduction in the number of enclave properties, a full review of the application is not required. In this case, however, staff has prepared a full review. The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Se~Jon 9, ,4dministral;'on and Enforcement, ]:tem C. Comprehensive P/an ,4mendment~: 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 with applicable comprehensive plan policies including but not limited to, a prohibi&bn against any increase in dwelling unit density exceeding 50 in the hurricane evacuat/'on zone without written approval of the Palm Beach County Emergency Planning Division and the City's risk manager. The planning department shall also recommend Iimitat/'ons or requirements, which would have to be imposed on subsequent development of the property, in order to comply with po#des contained in the comprehensive plan. Section VI'Lrz Land Use Problems and Oooortunities; found in the support documents for the 1989 City of Boynton Beach Comorehensive Plan. Sub-section 8.d. of that document states: "These parcels should be annexed and p/aced in the Low Density Res/dent/a/land use category. Development of these propem'es should generally be limited to s/ng/e-~mi/y detached dwellings, so as to be compaq'hie with the one-story condominiums which lie to the south and the single-family subdivision lying to the north." Page 4 "- Rle Number: LUAR 03-002/ANEX 03-001 Serrano at 8oynton 8each The recommendations of the Land Use Problems and Opportunities are referenced in the Comprehensive Plan in the fo/lowing policy in the Future Land Use Element: "Policy I. i6.3 The City shall cont7'nue to enforce the land development regulations to enforce and implement the po#c/es that regulate the use and intensity, and other characterls~'cs for the development of speci#c areas, as set forth in the Land Use Problems and OpportunitYes sec~bn of the support documents for this dement. Those recommendatYons contained/n the Land L/se Prob/erns and Opportunities sec~'on shall apply, regardless of the status of the City's development regulations, and are hereby incorporated by reference into the Gods, Objectives, and Po/lc/es of this Plan." In 2001, one of the parcels malting up this enclave, the 18.$6 acres of property fronting on South Congress Avenue, was annexed into the City. At that time, the land use was changed from the Palm Beach County land use designation of MR-5 (.5 du/ac) to Public and Private Governmental/Institutional (~PPGI) and the zoning was changed from AG/UsA to PU Public Use. Since that time, the Palm Beach County School District has constructed Crosspointe Elementary School on the property. The school, which opened for the current school year, has a capacity of 970 students. No changes were made to the Problems and Opportunities section to acknowledge this change; however, public schools are allowed in all residential zoning districts. In 1993, a request was submitted for annexation of the present school site with a land use amendment from MR-S (5 du/ac) to Moderate Density Residential (7.26 du/ac) and rezoning from AR to R-1 Single Family Residential to construct 136 dwelling units. A companion text amendment was submitted to change the language of Sub-section 8.d (cited above) to exclude the subject parcel from the section. The City Commission unanimously denied the requests. "Objecb've 1.19 The City shall evaluate and allow a range of/and uses for which the area, /ocatzbn, and intensity of these uses provide a full range of housing choices...for both exis~'ng and projected popu/adons... '; and, "Policy 1. I9.1 The Oty shall condnue efforts to encourage a full range of housing choices, by a/lowing density'es which can accommodate the approximate number and type of dwellings for which the demand has been projected... ~ Proposed development plans for single family attached units on the subject property are generally consistent with current development trends in the City, although the proposed density is almost one-half that requested for those other developments. According to The Development Atlas of 8oynton 8eachr Ftorfda, releases in May 2002, there are only four (4) parcels of land remaining within the City that are either designated or have potential for residential development and that contain more than 10 acres. The three other va'cant residential properties designated for residential development, like the subject s~te, are less than 10 acres and would be considered infill development. Page $ File Number: LUAR 03-002/ANEX 03-00I Serrano at Boynton Beach ObjecUve I. I7 Minimize nuisances, hazards, and oCher adverse impacts to the 9eneral public, to property value~, and to residential environments by prevenUn9 or minim/zing land use conflicts;, and, Po/icy 1.17.5 The City shall conUnue to maintain and improve the character of ex/sting single-family and lower-density neighborhoods, by prevenUn9 conversions to higher densiUes, except when consistent with adjacent land uses..." The master plan provided with the rezoning application, and discussed above, shows that adequate buffering, which equals that required in the adjacent PUD, will be provided along the north property line where three single family residences in Silverlake Estates are located. addition, a 75 foot separation is provided on the west from the corporate limits of the Village of Golf. With r~espect to density, the requested density of 9..58 du/ac is considerable higher than the built densities of the adjacent single family neighborhoods. This cfrcumstance is assumed to be the main premise behind the Comprehensive Plan recommendation for LDR and single family homes on this parcel (see items "b" and "e" below.) Finally, the annexation of this parcel is consistent with policies within the comprehensive plan dealing with annexation. ]~n addition, the annexation of the subject property will further the efforts of the annexation program through reduction in the number or size of enclave properties. Currently, objectives of the annexation program include annexing all enclaves less than :~0 acres, and to incrementally annex enclave proper'des with the intent to reducing them below the 10-acre threshold. b. Whether the proposed rezonin9 would be contrary to the established land use pattern, or would create an isolated distn'ct unrelated to adjacent and nearby distn'cts, or would constitute a grant of special privilege to an individual property owner as conD-asted with the protection of the public we/fare, and, e. )Vhether the proposed rezonin9 woUld be compaUb/e with the current and future use of adjacent and nearby properUes, or would atTect the property values of adjacent or nearby properS'es. The land use designations and zoning districts surrounding this property, while predominately residential, have a wide range of densities both assigned and built. Designated densities for lands within the City of Boynton Beach near this property range from 4.84 du/ac to 10.8 du/ac, while actual built densities range 2.04 du/ac to 8.57. The request for a designation of Medium Density Residential, at a density of 9.86 du/ac is arguably a transition between the Iow density to the north and the high density to the south. Generally the R-2 Duplex Residential zoning district corresponds with the Medium Density Residential land use designation. Staff, however, sees a land use designation of Moderate Density Residential, with a density of 7.26 du/ac as being more of a transition between the existing developments. This would permit the development of 70 single family homes (22 fewer than are possible with the requested land use). Development regulations for the zoning districts corresponding to both land use designations have a height limit of 30 feet, whereas in the R-3 Multi-Family Residential zoning district, which corresponds with the High Density Residential land use, the maximum height is C Page 6 File Number: LUAR 03-002/ANEX 03-001 Serrano at Boynton Beach 45 feet. Other design measures may still be appropriate such as adding to the borders against the single Family neighborhoods depending on the final proposed design. c. Whether changed or changing conditions make the proposed rezoning desirable. Even though public schools are a permitted use in ail residential districts, the development of the adjacent parcel with a two-story Facility with an ultimate capacity of 970 students is a changing condition that does impact all of the adjacent properties. As stated above (Item a), since public schools are allowed in all residential land .use designations, this change was not recognized in the Support Documents at the time of the property's annexation, even though it does impact surrounding existing properties. ' d. H/hether the proposed use would be compatible wi~h ut#lb/systems, roadways, and other public facili&'es. In connection with previous annexation studies, departments most affected by annexations (e.g. Police, Fire, and Public Works), have been surveyed for issues 'related to service capability and costs. All opinions previously collected from these departments supported the incremental annexation of enclaves. These opinions have been based on the following: l) The enclaves are all immediately adjacent to areas within the city that currently receive urban services; 2) Ample service capacity exists to serve unincorporated properties within the subject enclave; and 3) Nlost enclaves currently receive service from the city via the mutual aid agreement (Police and Fire/EMS only). The Palm Beach County Traffic Engineering Department has reviewed the applicant's traffic study and verified that capacity exists on Congress Avenue to accommodate this proposed amendment. In addition, the City's Director of Public Works has determined that no improvements to Palmland Drive will be necessary due to the proposed development. With respect to solid waste, in a letter dated December :18, 200:[ the Palm Beach County Solid Waste Authority has stated that adequate capacity exists to accommodate the county's municipalities throughout the :10-year planning period. The School District of Palm Beach County has reviewed the application and has determined that adequate capacity exists to accommodate the resident population. Lastly, drainage will also be reviewed in detail as part of the review of the conditional use application, and must satisfy ail requirements of the city and local drainage permitting authorities. f. Whether the property is physically and economically developable under the existz'ng zoning. Physically, the property is developable For residential development. At the current designated density, however, the small size of the property, its location, adjacent uses and zoning districts, and its physical characteristics may make it infeasible to develop for single family detached Page 7 File Number: LUAR 03-002/ANEX 03-00! Serrano at Boynton Beach housing, even as a zero lot line development. ]:t would also run counter to the current development and market trends in single family housing. The property is currently located in unincorporated Palm Beach County and has a land use designation of MR-.S, which will allow up to Sdu/ac if developed as a Planned Unit Development. The property could also be eligible for the County's Bonus Density Program for Affordable Housing, which could allow a density increase of up to $0%, without a plan amendment if a percentage of the units are set aside for affordable housing. However, following the 1993 denial by the City for annexation and land use amendment on the adjacent property, the owners of that property applied for this density bonus program in the County and were denied. Due to it being an enclave, the City staff would continue to endorse its annexation and ultimate development in Boynton Beach. g. Hlhether the proposed razoning /s ora scale which is reasonably related to the needs of the neighborhood and the city as a whole. Criteria for evaluating the benefits of the proposed development to the needs of the neighborhood and the City include service demands, density, use, value and consistency with Comprehensive Plan policies. As indicated above, ample capacity exists to serve the maximum potential service needs generated by the proposed project. The proposed density is consistent with that allowed by the requested land use designation, and while it is higher than that of the single-family residential property to the north, it is similar to that of the adjacent developed property to the south. However, it is staffrs opinion that if built at 7.26 du/ac, the proje~ would more reasonably relate to the needs of the neighborhood and the City. h. Whether there are adequate sites elsewhere in the dty for the proposed use, in dis~ric~ where such use is already allowed. There are only three parcels in the City classified for residential development at densities greater than 4.84 du/ac. One of these is the 3.7 acre vacant parcel remaining adjacent to Palmland Villas, which has a land use designation of High Density ResidentJ'al (10.8 du/ac). A second 2 acre parcel with a designation of High Density Residential (10.8 alu/ac) is a remnant, in Christian Villas. The third parcel is a 4.7 acre parcel on Golf Road that was the subject of a court settJement in 1989. Originally limited to development as a Congregate living Facility, the courts have recently agreed that they will consider other types of residential development on the site. The land use designation is High Density Residential (10.8 du/ac). Aside from these parcels, a similar land use amendment and rezoning would be required for any project of this type to develop in Boynton Beach. ZNTERGOVERNf4ENTAL COORDZNAT'ZON Following the "sun-setting" of the Palm Beach Countywide Planning Council, originally established to review interjurisdictional land use issues, the ]:ntergovernmental Plan Amendment Review Committee {]:PARC) was established to continue some minimum coordination among participating local governments in the county. This organization includes a conflict resolution program to facilitate the early discussion and resolution of land use disputes. ]:t is anticipated that the Village of Golf will submit a formal objection to the proposed land use amendment through the ]:PARC. ]:f the objection is filed, prior to ordinance adoption by the City Page 8 File Number: LUAR 03-002/ANEX 03-001 Serrano at Boynton Beach Commission, IPARC would assemble a "fact-finding panel" to review the facts and generate a position on the proposed amendment. This position would be forwarded to the city for consideration during its review. Staff understands the principal objectii3ns to be the proposed density and potential heights, as being incompatible with the Iow density development within the Village of Golf. The existence of this adjacent land use and how the two propeddes relate is described in this report. ¢ON(:LUSZONS / RE(:OMMENDA'i~ON$ As indicated herein, this request is not consistent with ~the recommendation of the Problems and Opportunities Section and therefore not consistent with the intent of the Comprehensive Plan. ]:n addition, a land use amendment request for single family detached residential development at a lower density was previously denied by the City Commission for property immediately east of the subject property based on the Comprehensive Plan recommendations and adjacent land use characteristics compared to the proposed project. While the amendment will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; may be compatible with adjacent land uses and will con~ibute to the overall economic development of the City, staff cannot recommend that the subject request be approved. ]:f the request is approved, there should be a requirement that staff initiate an amendment to the cited Sub-section 8.d of the support documents for the 1989 City of Boynton Beach Comprehensive Plan. This additional application, if filed concurrent With this review, would be transmitted to the state as a large scale amendment and likely be adopted in December. In addition, any conditions of approval recommended by the Planning and Development Board or me City Commission will be included as Exhibit "B". Location' Map Serrano at Boynton Beach Exhibit "A" U PU pU REC PU .~ N ~ W E $ VIII.-PUBLIC HEARING CITY OF BOYNTON BEA¢ ITEM B. AGENDA ITEM REQUEST Ft 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 Cit~ Clerk's Office [] April l, 2003 March 17, 2003 (Noon.) [] June 2, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July l, 2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Admmistrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please maintain this request on the May 20, 2003 City Commission Agenda as a tabled item under Public Hearing. The City Commission with a unanimous vote recommended that the subject request be postponed for 30 days pursuant to a request by the applicant. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-088. EXPLANATION: PROJECT: Serrano ~ Boynton (LUAR 03-002) AGENT: Julian Bryan OWNER: Beth Peschl LOCATION: West of Congress, North of the L-28 Canal DESCRIPTION: Request to amend the Comprehensive Plan Future Land Use Map from MR-5 (Palm Beach County) to Medium Density Residential (MeDR). PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNA~.~ N/A Planning aM Zoning Director City Attorney / Finance / Human Resources S:~Planning~SHARED\WPXPROJECTSXSerrano~ BBXLU^RXAg~nda Item Request Serrano~Boynton LUAR 03-002Amend 5-20-03.dot DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVZSION MEMORANDUM NO. PZ 03-088 TO: Chairman and Members Planning and Development Board and Mayor and City Commission FROM: Dick Hudson, AICP , Senior Planner THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: April 17, 2003 PROJECT NAME/NUMBER: Serrano at Boynton Beach Annexation (ANEX 03-001) and Land Use Amendment/Rezoning (LUAR 03-002) REQUEST: To annex the subject property; reclassify from MR-5 Medium Density Residential (Palm Beach County) to Medium Density Residential (City), and rezone from AR-Agricultural Residential to PUD Planned Unit Development PROJECT DESCRIPTZON Property Owner: Beth Peschl Applicant/Agent: Paul Bach .~ Location: (Exhibit "A'~ Size: _+9.74 acres Existing Land Use: MR-5 (Palm Beach County) (3-5 dwelling units per acre [du/ac]) Existing Zoning: AR-USA, Agricultural-Residential in the Urban Services Area (Palm Beach County) Proposed Land Use: Medium Density Residential (9.68 du/ac) Proposed Zoning: PUD Planned Unit Development Proposed Use: 92 fee-simple townhouses Adjacent Uses: North: To the northeast, three single family homes in Siiverlake Estates Page 2 File Number: LUAR 03-002/ANEX 03-001 Serrano at 8oynton Beach designated Low Density Residential (LDR) at 4.84 du/ac and zoned PUD Planned Unit Development. Actual built density of the PUD is 2.04 du/ac. To the northwest, unincorporated property developed with one two story single family residence designated MR-5 (Medium Density Residential at 5 du/ac) and zoned AR-USA, Agricultural Residential in the Urban Services Area. South: Immediately south are the rights-of-way of the Lake Worth, Drainage District L-28 Lateral Canal and Palmland Drive, then developed residential (Chanteclair Villas Condominiums) designated HDR (High Density Residential at :10.8 du/ac) and zoned R-3 Multi-family Residential (10.8 du/ac). Actual built density of the duplex unit development is 7.42 du/ac. To the west of Chateclair Villas is the Palmland Villas development with a built density of 8.57 du/ac. East: Developed Elementary (Crosspointe) School designated PPG[ (Public & Private Governmental/Institutional) and zoned PU Public Use. West: Village of Golf lands designated single family residential and built at a density of 1.3:1 du/ac. The property immediately adjacent to the subject site consists of one single family home on a :1.6 acre parcel and a portion of a vacant parcel of 4.5 acres. MASTER/SI'rE PLAN ANALYSIS All applications for a rezoning to a PUD Planned Unit Development must be accompanied by a master/site plan. In this instance, the applica'ht has provided a master plan. The applicant is proposing a development of 98 fee simple town homes. A 70 foot wide entrance road to the property will be provided from Palmland Drive across the L-28 canal, replacing the existing 10 foot wide ingress/egress easement, and a 40 foot road continues north, providing access to the adjacent single family home to the north. This road also forms a loop approximately 120 feet inside the property boundaries. A one-acre lake occupies the center of the property and a one- quarter acre recreation site is at the southwest corner of the loop road. A 15 foot landscape buffer completely surrounding the property is also proposed. Design standards proposed with the master plan call for a maximum of six (6) attached units in each building and a maximum height of 35 feet. Lot sizes are to be limited to the home footprint, with yard areas held in common. Building setbacks are as follows: Front: 20 feet to road/drive edge Side (Interior): 7..5 feet Side (Corner): 20 feet to road/drive edge Rear to Buffer or water management tract: 10 feet (25 foot separation) The maximum density allowed by the Medium Density Residential land use classification is 9.58 du/ac, which would provide the developer a maximum of 92 units. Maximum height in all residential zoning districts except R-3 Multi-family Residential is 30 feet. In addition, PUD ..g-" ,.(~. - Page 3 File Number: LUAR 03-002/ANEX 03-00). Serrano at Boynton Beach regulations require that perimeter buffers within PUDs must mirror those in abutting development. With the proposed :[5 foot landscape buffer and the proposed rear setback of :[0 feet, the buffer of the Silverlake development is mirrored. The rights-of-way of Palmland Drive and the L-28 Canal, along with the proposed 15 foot landscape buffer provide a setback (separation) from the Chateclair development property line of :[70 feet. Similarly, the landscape buffer and interior road of the development provide a 75 foot distance from property within the Village of Golf. PROJECT This property is less than :I0 acres in size, and therefore this proposed amendment to the comprehensive plan is considered a "small-scale" amendment and is not subject to "compliance review" by the Florida Department of Community Affairs (DCA). This means that the proposed amendment, if approved by the city, will be adopted, then forwarded to the DCA for their records C'large-scale" amendments cannot be adopted until reviewed for consistency by the DCA). State annexation law a/lows the annexation of enclaves that are less than ).0 acres without the consent of property owners; however, in this instance, the annexation is at the request of the property owner. Currently, objectives of the annexation program include annexing all enclaves less than ).0 acres in all areas of the City that meet adopted level-of-services standards, and incrementally annexing enclave properties with the intent to reducing them below the :[0-acre threshold. Normally, when an annexation is consistent with the comprehensive plan policies addressing annexation and will further the efforts of the city's annexation program through reduction in the number of enclave properties, a full review of the application is not required. ]:n this case, however, staff has prepared a full review. The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Set--tion 9, Adrninistrg~'on and Enforcemen¢ :Item C. Comprehensive 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 consistent with applicable comprehensive p/an policies including but not limited to, a prohibit~bn against any increase in dwelling unit density exceeding 50 in the hurricane evacua~'on zone without written approval of the Palm Beach County Emergency Planning Division and the City's risk manager. The planning deparb'nent shall a/so recommend Iimitat~'ons or requirements, which would have to be imposed on subsequent development of the property, in order to comply with po/ides contained in the comprehensive p/an. Section VIII Land Use Problems and Ooportunities; found in the support documents for the 1989 City of Boynton Beach Comprehensive Plan. Sub-section 8.d. of that document states: "These parcels should be annexed and p/aced /n the Low Density Res/dent/a//and use category. Development of these properS'es should generally be//m/ted to single-family detached dwellings, so as to be compatible with the one-story condominiums which lie to the south and the single-family subdivision lying to the north." 'Page 4 "" File Number: LUAR 03-002/ANEX 03-001 Serrano at 8oynton Beach The recommendations of the Land Use Problems and Opportunities are referenced in the Comprehensive Plan in the following policy in the Future Land Use Element: "Po/icy' 1.16.3 The City shall continue to enforce the land development regulations to enforce and irnp/ement ~he po/ides that regulate the use and intensity, and other characteristics for the development of speci#c areas, as set forth in the Land Use Problems and Opportuni#es section of the support documents for this element. Those recommendations contained in the Land Use Problems and Opportunities section shall apply', regard/ess of the status of the City's deve/oprnent regulations, and are hereby incorporated by reference into the Coals, Object/yes, and Policies of this P/an." In 2001, one of the parcels making up this enclave, the 18.56 acres of property fronting on South Congress Avenue, was annexed into the City. At that time, the land use was changed from the Palm Beach County land use designation of MR-5 (5 du/ac) to Public and Private Governmental/Institutional (PPGI) and the zoning was changed from AG/USA to PU Public Use. Since that time, the Palm Beach County School District has constructed Crosspointe Elementary School on the property. The school, which opened for the current school year, has a capacity of 970 students. No changes were made to the Problems and Opportunities section to acknowledge this change; however, public schools are allowed in all residential zoning districts. In 1993, a request was submitted for annexation of the present school site with a land use amendment from MR-5 (5 du/ac) to Hoderate Density Residential (7.26 du/ac) and rezoning from AR to R-1 Single Family Residential to construct 136 dwelling units. A companion text amendment was submitted to change the language of Sub-section 8.d (cited above) to exclude the subject parcel from the section. The City Commission unanimously denied the requests. "Ob/ec~7've 1. Ig The Clty shall evaluate and allow a range of/and uses for which the area~ Iocatz'on, and intensity of these uses provide a full range of housing cho/ces...for both ex/sting and projected popu/a~'ons... '; and, "Policy 1.19.1 The Clty shall conb'nue efforts to encourage a fix//range of housing choices, by allowing dens/~'es which can accommodate the approximate number and type of dwellings for which the demand has been projected..." Proposed development plans for single family attached units on the subject property are generally consistent with current development trends in the City, although the proposed density is almost one-half that requested for those other developments. According to The Development Atlas of Boynton Beachr Florida, releases in May 2002, there are only four (4) parcels of land remaining within the City that are either designated or have potential for residential development and that contain more than 10 acres. The three other va'cant residential properties designated for residential development, like the subject site, are less than 10 acres and would be considered infill development. Page $ File Number: LUAR 03-002/ANEX 03-00I Serrano at Boynton Beach Object'ye i.I? Minimize nuisances, hazards, and other adve~e impac~ to the genera/ pub/lc, to property values, and to residen~b/ environmen~ by preventing or m/n/m/zing/and use con#ic~, and, Po/icy J. J7.5 The City shall continue to maintain and improve the character o? exisO'ng sing/e-family and lower-density neighborhoods, by preventing conversions to higher densities, except when consistent with adjacent/and uses..." The master plan provided with the rezoning application, and discussed above, shows that adequate buffering, which equals that required in the adjacent PUD, will be provided along the north property line where three single family residences in $ilverlake Estates are located. In addition, a 75 foot separation is provided on the west from the corporate limits of the Village of Golf. With respect to density, the requested density of 9.58 du/ac is considerable higher than the built densities of the adjacent single family neighborhoods. This circumstance is assumed to be the main premise behind the Comprehensive Plan recommendation for LDR and single family homes on this parcel (see items "b" and "e" below.) Finally, the annexation of this parcel is consistent with policies within the comprehensive plan dealing with annexation. In addition, the annexation of the subject property will further the efforts of the annexation program through reduction in the number or size of enclave properties. Current/y, objectives of the annexation program include annexing all enclaves less than l0 acres, and to incrementally annex enclave properties with the intent to reducing them below the 10-acre threshold. b. Whether the proposed rezoning would be contrary to the established/and use pattern, or would create an isolated dis~n~ unrelated to adjacent and nearby district, or would conspire a gr~nt of special privilege to an individual property owner as conWas~ed with the protection of the pub/lc we/far~, and, e. Whether the proposed rezoning would be compatible with the current and future use of adjacent and nearby propeR'es, or would affect the property values of adjacent or nearby properS'es. The land use designations and zoning districts surrounding this property, while predominately residential, have a wide range of densities both assigned and built. Designated densities for lands within the City of Boynton Beach near this property range fi.om 4.8'~ du/ac to J.0.8 du/ac, while actual built densiUes range 2.0'~ du/ac to 8.57. The request for a designation of Hedium Density Residential, at a density of 9.86 du/ac is arguably a transition between the Iow density to the north and the high density to the south. Generally the P,-2 Duplex Residential zoning district corresponds with the Hedium Density Residential land use designation. Staff, however, sees a land use designation of Moderate Density Residential, with a density of 7.26 du/ac as being more of a transition between the existing developments. This wouJd permit the development of 70 single ¢amily homes (22 fewer than are possible with the requested land use). Development regulations for the zoning districts corresponding to both land use designations have a height limit of 30 feet, whereas in the P,-3 Hulti-Family Residential zoning di.~l~'ict, which corresponds with the High Density P, esidential land use, the maximum height is Page 6 File Number: LUAR 03-002/ANEX 03-001 Serrano at Boynton Beach 45 feet. Other design measures may still be appropriate such as adding to the borders against the single family neighborhoods depending on the final proposed design. c. Whether changed or changing conditions make the proposed rezoning desirable. Even though public schools are a permitted use in all residential districts, the development of the adjacent parcel with a t~NO-Story facility with an ultimate capacity of 970 students is a changing condition that does impact all of the adjacent properties. As stated above (]:tem a), since public schools are allowed in all residential land use designations, this change was not recognized in the Support Documents at the time of the property's annexation, even though it does impact surrounding existing properties. d. Whether the proposed use would be compaO'ble with ut/liLy systems, roadways, and . otherpublic facili~'es. :In connection with previous annexation studies, departments most affected by annexations (e.g. Police, Fire, and Public Works), have been surveyed for issues 'related to service capability and costs. All opinions previously collected from these departments supported the incremental annexation of enclaves. These opinions have been based on the following: The enclaves are all immediately adjacent to areas within the city that currently receive urban services; 2) Ample service capacity exists to serve unincorporated properties within the subject enclave; and 3) Host enclaves currently receive service from the city via the mutual aid agreement (Police and FIre/EMS only). The Palm Beach County Traffic Engineering Department has reviewed the applicant's traffic study and verified that capacity exists on Congress Avenue to accommodate this proposed amendment. ]:n addition, the City's Director of Public Works has determined that no improvements to Palmland Drive will be necessary due to the proposed development. With respect to solid waste, in a letter dated December 18, 2001 the Palm Beach County Solid Waste Authority has stated that adequate capacity exists to accommodate the county's municipalities throughout the ~.0-year planning period. The School District of Palm Beach County has reviewed the application and has determined that adequate capacity exists to accommodate the resident population. 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. f. Whether the property is physically and economically developable under the exis~'ng zoning. Physically, the property is developable for residential development. At the current designated density, however, the small size of the prop.e.~ty, its location, adjacent uses and zoning districts, and its physical characteristics may make it 'infeasible to develop for single family detached Page 7 File Number: LUAR 03-002/ANEX 03-001 Serrano at Boynton Beach housing, even as a zero lot line development. It would also run counter to the current development and market trends in single family housing. The property is currently located in unincorporated Palm Beach County and has a land use designation of P1R-5, which will allow up to Sdu/ac if developed as a Planned Unit Development. The property could also be eligible for the County's Bonus Density Program for Affordable Housing, which could allow a density increase of up to .50%, without a plan amendment if a percentage of the units are set aside for affordable housing. However, following the I993 denial by the City for annexation and land use amendment on the adjacent property, the owners of that property applied for this density bonus program in the County and were denied. Due to it being an enclave, the City staff would continue to endorse its annexation and ultimate development in Boynton Beach. g. Whether the proposed rezoning is ora scale which is reasonably related to the needs of the neighborhood and the city as a whole. Criteria for evaluating the benefits of the proposed development to the needs of the neighborhood and the City include service demands, density, use, value and consistency with Comprehensive Plan policies. As indicated above, ample capacity exists to serve the maximum potential service needs generated by the proposed project. The proposed density is consistent with that allowed by the requested land use designation, and while it is higher than that of the single-family residential property to the north, it is similar to that of the adjacent developed property to the south. However, it is staff's opinion that if built at 7.26 du/ac, the project would more reasonably relate to the needs of the neighborhood and the City. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is a/ready a/lowed. There are only three parcels in the City classified for residential development at densities greater than 4.84 du/ac. One of these is the 3.7 acre vacant parcel remaining adjacent to Palmland Villas, which has a land use designation of High Density Residential (10.8 du/ac). A second 2 acre parcel with a designation of High Density Residential (:~0.8 du/ac) is a remnant, in Christian Villas. The third parcel is a 4.7 acre parcel on Golf Road that was the subject of a court settlement in :~989. Originally limited to development as a Congregate Uving Facility, the courts have recently agreed that they will consider other types of residential development on the site. The land use designation is High Density Residential (~.0.8 du/ac). Aside from these parcels, a similar land use amendment and rezoning would be required for any project of this type to develop in Boynton Beach. ZNTERGOVERNMENTAL COORDZNATZON Following the "sun-setting" of the Palm Beach Countywide Planning Council, originally established to review interjurisdictJonal land use issues, the ]:ntergovernmental Plan Amendment Review Committee (]:PARC) was established to continue some minimum coordination among participating local governments in the county. This organization includes a conflict resolution program to facilitate the early discussion and resolution of land use disputes. ]:t is anticipated that the Village of Golf will submit a formal objection to the proposed land use amendment through the ]:PARC. ]:f the objection is filed, prior to ordinance adoption by the City Page 8 File Number: LUAR 03-002/ANEX 03-00! Serrano at Boynton Beach Commission, ]:PARC would assemble a "fact-finding panel" to review the facts and generate a posit~on on the proposed amendment. This position would be forwarded to the city for consideration during its review. Staff understands the principal object~Ons to be the proposed density and potential heights, as being incompatible with the Iow density development within the Village of Golf. The existence of this adjacent land use and how the two properties relate is described in this report. CONCLUSZONS/RECOMMENDATZON$ , As indicated herein, this request is not consistent witl~.the recommendation of the Problems and Opportunities Section and therefore not consistent with the intent of the Comprehensive Plan. ]:n addition, a land use amendment request for single family detached residential development at a lower density was previously denied by the City Commission for property immediately east of the subject property based on the Comprehensive Plan recommendations and adjacent land use characteristics compared to the proposed project. While the amendment will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; may be compatible with adjacent land uses and will contribute to the overall economic development of the City, staff cannot recommend that the subject request be approved. ]:f the request is approved, there should be a requirement that staff initiate an amendment to the cited Sub-section 8.d of the support documents for the ~.989 City of Boynton Beach Comprehensive Plan. This additional application, if filed concurrent with this review, would be transmitted to the state as a large scale amendment and likely be adopted in December. ]:n addition, any conditions of approval recommended by the Planning and Development Board or the City Commission will be included as Exhibit "B". VIII.-PUBLIC HEAliNG CITY OF BOYNTON BEA ITEM C. AGENDA ITEM REQUEST Fu vt 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 [] April l, 2003 March 17, 2003 (Noon.) [] June 2, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 3l, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July l, 2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please maintain this request on the May 20, 2003 City Commission Agenda as a tabled item under Public Hearing. The City Commission with a unanimous vote recommended that the subject request be postponed for 30 days pursuant to a request by the applicant. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-088. EXPLANATION: PROJECT: Serrano ~ Boynton (LUAR 03-002) AGENT: Julian Bryan OWNER: Beth Peschl LOCATION: West of Congress, North of the L-28 Canal DESCRIPTION: Request to rezone a 9.74-acre parcel from AR (Palm Beach County) to Planned Unit Development (PUD). PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATI~S./~] N/A De¥.,elO"pfnentlDe'~p~rU~e~ Director City Manager's Signature ~'~ Planning ~d Z~ning Dffector City Attorney / Finance / Human Resources J:~SHRDATALPlanning~SHARED\WP\PROJECTS~Serrano~ BB~LUAR'~Agenda Item Request Serrano~Boynton LUAR 03-002 Rezone 5-20-03.dot DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 03-088 TO: Chairman and Members Planning and Development Board and Mayor and City Commission FROM: Dick Hudson, A]:CP THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: April 17, 2003 PROJECT NAME/NUMBER: Serrano at Boynton Beach Annexation (AMEX 03-001) and Land Use Amendment/Rezoning (LUAR 03-002) REQUEST: To annex the subject property; reclassif7 from MR-5 Medium Density Residential (Palm Beach County) to Medium Density Residential (City), and rezone from AR-Agricultural Residential to PUD Planned Unit Development PRO3ECT DESCRIPTION Property Owner: Beth Peschl Applicant/Agent: Paul Bach Location: (Exhibit "A") Size: _+9.74 acres Existing Land Use: MR-5 (Palm Beach County) (3-5 dwelling units per acre [du/ac]) Existing Zoning: AR-USA, Agricultural-Residential in the Urban Services Area (Palm Beach County) Proposed Land Use: Medium Density Residential (9.68 du/ac) Proposed Zoning: PUD Planned Unit Development Proposed Use: 92 fee-simple townhouses Adjacent Uses: North: To the northeast, three single family homes in Silverlake Estates Page 2 File Number: LUAR 03-002/ANEX 03-00:~ Serrano at Boynton Beach designated Low Density Residential (LDR) at 4.84 du/ac and zoned PUD Planned Unit Development. Actual built density of the PUD is 2.04 du/ac. To the northwest, unincorporated property developed with one two story single family residence designated MR-5 (Medium Density Residential at 5 du/ac) and zoned AR-USA, Agricultural Residential in the Urban Services Area. South: Immediately south are the rights-of-way of the Lake Worth Drainage District L-28 Lateral Canal and Palmland Drive, then developed residential (Chanteclair Villas Condominiums) designated HDR (High Density Residential at 10.8 du/ac) and zoned R-3 Multi-family Residential (J. 0.8 du/ac). Actual built density of the duplex unit development is 7.42 du/ac. To the west of Chateclair Villas is the Palmland Villas development with a built density of 8.57 du/ac. East: Developed Elementary (Crosspointe) School designated PPG! (Public & Private Governmental/Institutional) and zoned PU Public Use. West: Village of Golf lands designated single family residential and built at a density of ~..31 du/ac. The property immediately adjacent to the subject site consists of one single family home on a 1.6 acre parcel and a portion of a vacant parcel of 4.5 acres. MASTER/SI'rE PLAN ANALYSIS All applications for a rezoning to a PUD Planned Unit Development must be accompanied by a master/site plan. In this instance, the applicant has provided a master plan. The applicant is proposing a development of 98 fee simple town homes. A 70 foot wide entrance road to the property will be provided from Palmland Drive across the L-28 canal, replacing the existing :~0 foot wide ingress/egress easement, and a 40 foot road continues north, providing access to the adjacent single family home to the north. This road also forms a loop approximately 120 feet inside the property boundaries. A one-acre lake occupies the center of the property and a one- quarter acre recreation site is at the southwest corner of the loop road. A :~5 foot landscape buffer completely surrounding the property is also proposed. Design standards proposed with the master plan call for a maximum of six (6) attached units in each building and a maximum height of 35 feet. Lot sizes are to be limited to the home footprint, with yard areas held in common. Building setbacks are as follows: Front: 20 feet to road/drive edge Side (Interior): 7.5 feet Side (Corner): 20 feet to road/drive edge Rear to Buffer or water management tract: :~0 feet (25 foot separation) The maximum density allowed by the Medium Density Residential land use classification is 9.58 du/ac, which would provide the developer a maximum of 92 units. Maximum height in all residential zoning districts except R-3 Multi-family Residential is 30 feet. In addition, PUD . .~'" ,.(~'.. Page 3 File Number: LUAR 03-002/ANEX 03-001 Serrano at Boynton Beach regulations require that perimeter buffers within PUDs must mirror those in abutting development. With the proposed 15 foot landscape buffer and the proposed rear setback of 10 feet, the buffer of the Silverlake development is mirrored. The rights-of-way of Palmland Drive and the L-28 Canal, along with the proposed 15 foot landscape buffer provide a setback (separation) from the Chatedair development property line of 170 feet. Similarly, the landscape buffer and interior road of the development provide a 75 foot distance from property within the Village of Golf. PRO.1ECT ANALYSIS This property is less than lO acres in size, and therefore this proposed amendment to the comprehensive plan is considered a "small-scale" amendment and is not subject to "compliance review" by the Florida Department of Community Affairs (DCA). This means that the proposed amendment, if approved by the city, will be adopted, then forwarded to the DCA for their records ("large-scale" amendments cannot be adopted until reviewed for consistency by the DCA). State annexation law allows the annexation of enclaves that are less than 10 acres without the consent of property owners; however, in this instance, the annexation is at the request of the property owner. Currently, objectives of the annexation program include annexing all enclaves less than l0 acres in all areas of the City that meet adopted level-of-services standards, and incrementally annexing enclave properties with the intent to reducing them below the 10-acre threshold. Normally, when an annexation is consistent with the comprehensive plan policies addressing annexation and will further the efforts of the city's annexation program through reduction in the number of enclave properties, a full review of the application is not required. In this case, however, staff has prepared a full review. The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, Item C. Comprehensive 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. a. Whether the proposed rezoning would be cons/stent w/th applicable comprehensive plan policies including but not//m/ted to, a prohibit/on against any increase in dwe/#ng unit density exceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning D/v/s/on and the City's risk manager. The planning department shall a/so recommend limitations or requirements, which would have to be imposed on subsequent development of the property, in order to comply with policies contained in the comprehensive plan. Section VIII Land Use Problems and Opportunities; found in the support documents for the 1989 City of Boynton Beach Comprehensive Plan. Sub-section 8.d. of that document states: "These parcels should be annexed and p/aced in the Low Density Res/dent/a//and use category. Development of these properties should generally be limited to single-family detached dwellings, so as to be compatible with the one-story condominiums which lie to the south and the single-family subdivision lying to the north." Page 4 '" File Number: LUAR 03-002/ANEX 03-001~ Serrano at Boynton Beach The recommendations of the Land Use Problems and Opportunities are referenced in the Comprehensive Plan in the following policy in the Future Land Use Element: "Po/icy 1.16.3 The City shall continue to enforce the/and development regulations to enforce and/rnp/ernent the po#c/es that regulate the use and intensity, and other character/st/cs for the development of spec/tic areas, as set forth in the Land Use Problems and Opportunities sect/on of the support documents for this element. Those recommendations contained/n the Land Use Problems and Opportun/ti'es sect/on sha# apply, regard/ess of the status of the City's development regulations, and are hereby incorporated by reference into the Goals, Objectives, and Po#c/es of this Plan." Zn 2001, one of the parcels making up this enclave, the 18.56 acres of property fronting on South Congress Avenue, was annexed into the City. At that time, the land use was changed from the Palm Beach County land use designation of MR-5 (5 du/ac) to Public and Private Governmental/]:nstitutional (PPG]:) and the zoning was changed from AG/USA to PU Public Use. Since that time, the Palm Beach County School District has constructed Crosspointe Elementary School on the property. The school, which opened for the current school year, has a capacity of 970 students. No changes were made to the Problems and Opportunities section to acknowledge this change; however, public schools are allowed in all residential zoning districts. ]:n 1993, a request was submitted for annexation of the present school site with a land use amendment .'rom IVIR-5 (5 du/ac) to Moderate Density Residential (7.26 du/ac) and rezoning from AR to R-1 Single Family Residential to construct 136 dwelling units. A companion text amendment was submitted to change the language of Sub-section 8.d (cited above) to exclude the subject parcel from the section. The City Commission unanimously denied the requests. "Objective 1.19 The City shall evaluate and allow a range of/and uses for which the area, location, and intensity of these uses provide a full range of housing cho/ces...for both ex/sting and projected popu/ati'ons... '; and, "Policy 1.19.1 The City shall continue efforts to encourage a full range of housing choices, by a#ow/ng dens/ti'es which can accommodate the approximate number and type of dwellings for which the demand has been projected..." Proposed development plans for single family attached units on the subject property are generally consistent with current development trends in the City, although the proposed density is almost one-half that requested for those other developments. According to The Development Atlas of Boynton Beach, Florida, releases in May 2002, there are only four (4) parcels of land remaining within the City that are either designated or have potential for residential development and that contain more than 10 acres. The three other vacant residential properties designated for residential development, like the subject Site, are less than l0 acres and would be considered infill development. C' Page 5 File Number: LUAR 03-002/ANEX 03-00:1. Serrano at Boynton Beach Objective 1.17 hCinimize nuisances, hazards, and other adverse impacts to the genera/ pub#c, to property values, and to resident/a/environments by preventing or m/n/m/zing/and use conflicts;, and, Po/icy ~.1Z. 5 The City shall continue to maintain and improve the character of existing sing/e-family and lower-density neighborhoods, by preventing conversions to higher dens/t/es, except when cons/stent w/th adjacent/and uses..." The master plan provided with the rezoning application, and discussed above, shows that adequate buffering, which equals that required in the adjacent PUD, will be provided along the north property line where three single family residences in Silverlake Estates are located. :In addition, a 75 foot separation is provided on the west from the corporate limits of the Village of Golf. With respect to density, the requested density of 9.58 du/ac is considerable higher than the built densities of the adjacent single family neighborhoods. This circumstance is assumed to be the main premise behind the Comprehensive Plan recommendation for LDR and single family homes on this parcel (see items "b" and "e" below.) Finally, the annexation of this parcel is consistent with policies within the comprehensive plan dealing with annexation. :In addition, the annexation of the subject property will further the efforts of the annexation program through reduction in the number or size of enclave properties. Currently, objectives of the annexation program include annexing all enclaves less than 10 acres, and to incrementally annex enclave properties with the intent to reducing them below the 10-acre threshold. b. Whether the proposed rezoning would be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby districts, or would consO'tute a grant of special privilege to an individual property owner as contrasted with the protect/on of the public we/fare, and, e. H/hether the proposed rezoning would be compa~7'b/e with the current and future use of adjacent and nearby propertJ'es, or would affect the property values of adjacent or nearby propeR'es. The land use designations and zoning districts surrounding this property, while predominately residential, have a wide range of densities both assigned and built. Designated densities for lands within the City of Boynton Beach near this property range from 4.84 du/ac to 10.8 du/ac, while actual built densities range 2.04 du/ac to 8.57. The request for a designation of Medium Density Residential, at a density of 9.86 du/ac is arguably a transition between the Iow density to the north and the high density to the south. Generally the R-2 Duplex Residential zoning district corresponds with the Medium Density Residential land use designation. Staff, however, sees a land use designation of Moderate Density Residential, with a density of 7.26 du/ac as being more of a transition between the existing developments. This would permit the development of 70 single family homes (22 fewer than are possible with the requested land use). Development regulations for the zoning districts corresponding to both land use designations have a height limit of 30 feet, whereas in the R-3 Nulti-Family Residential zoning district, which corresponds with the High Density Residential land use, the maximum height is Page 6 File Number: LUAR 03-002/ANEX 03-00::[ Serrano at Boynton Beach 45 feet. Other design measures may still be appropriate such as adding to the borders against the single family neighborhoods depending on the final proposed design. c. Whether changed or changing conditions make the proposed rezoning desirable. Even though public schools are a permitted use in all residential districts, the development of the adjacent parcel with a two-story facility with an ultimate capacity of 970 students is a changing condition that does impact all of the adjacent properties. As stated above (]:tem a), since public schools are allowed in all residential land use designations, this change was not recognized in the Support Documents at the time of the property's annexation, even though it does impact surrounding existing properties. d. Whether the proposed use would be compatible with utility systems, roadways, and other pub/lc fac/1/~s. ]~n connection with previous annexation studies, departments most affected by annexations (e.g. Police, Fire, and Public Works), have been surveyed for issues 'related to service capability and costs. All opinions previously collected from these departments supported the incremental annexation of enclaves. These opinions have been based on the following: 1) The enclaves are all immediately adjacent to areas within the city that currently receive urban services; 2) Ample service capacity exists to serve unincorporated properties within the subject enclave; and 3) Most enclaves currenUy receive service from the city via the mutual aid agreement (Police and Fire/EMS only). The Palm Beach County Traffic Engineering Department has reviewed the applicant's traffic study and verified that capacity exists on Congress Avenue to accommodate this proposed amendment. ]:n addition, the City's Director of Public Works has determined that no improvements to Palmland Drive will be necessary due to the proposed development. With respect to solid waste, in a letter dated December 18, 200:~ the Palm Beach County Solid Waste Authority has stated that adequate capacity exists to accommodate the county's municipalities throughout the :[0-year planning period. The School District of Palm Beach County has reviewed the application and has determined that adequate capacity exists to accommodate the resident population. 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. f. Whether the property is physically and economically developable under the existing zoning. Physically, the property is developable for residential development. At the current designated density, however, the small size of the property, its location, adjacent uses and zoning districts, and its physical characteristics may make it infeasible to develop for single family detached Page 7 File Number: LUAR 03-002/ANEX 03-00! Serrano at Boynton Beach housing, even as a zero lot line development. ]It would also run counter to the current development and market trends in single family housing. The property is currently located in unincorporated Palm Beach County and has a land use designation of MR-5, which will allow up to 5du/ac if developed as a Planned Unit Development. The property could also be eligible for the County's Bonus Density Program for Affordable Housing, which could allow a density increase of up to 50%, without a plan amendment if a percentage of the units are set aside for affordable housing. However, following the 1993 denial by the City for annexation and land use amendment on the adjacent property, the owners of that property applied for this density bonus program in the County and were denied. Due to it being an enclave, the City staff would continue to endorse its annexation and ultimate development in Boynton Beach. Whether the proposed rezoning is ora scale which is reasonably related to the needs of the neighborhood and the city as a whole. Criteria for evaluating the benefits of the proposed development to the needs of the neighborhood and the City include service demands, density, use, value and consistency with Comprehensive Plan policies. As indicated above, ample capacity exists to serve the maximum potential service needs generated by the proposed project. The proposed density is consistent with that allowed by the requested land use designation, and while it is higher than that of the single-family residential property to the north, it is similar to that of the adjacent developed property to the south. However, it is staff's opinion that if built at 7.26 du/ac, the project would more reasonably relate to the needs of the neighborhood and the City. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is a/ready allowed. There are only three parcels in the City classified for residential development at densities greater than 4.84 du/ac. One of these is the 3.7 acre vacant parcel remaining adjacent to Palmland Villas, which has a land use designation of High Density Residential (:10.8 du/ac). A second 2 acre parcel with a designation of High Density Residential (:10.8 du/ac) is a remnant-in Christian Villas. The third parcel is a 4.7 acre parcel on Golf Road that was the subject of a court settlement in 1989. Originally limited to development as a Congregate Uving Facility, the courts have recently agreed that they will consider other types of residential development on the site. The land use designation is High Density Residential (10.8 du/ac). Aside from these parcels, a similar land use amendment and rezoning would be required for any project of this type to develop in Boynton Beach. INTERGOVERNI~ENTAL COORD:]:NA'I'ION Following the "sun-setting" of the Palm Beach Countywide Planning Council, originally established to review intedurisdictional land use issues, the Intergovernmental Plan Amendment Review Committee (IPARC) was established to continue some minimum coordination among participating local governments in the county. This organization includes a conflict resolution program to facilitate the early discussion and resolution of land use disputes. It is anticipated that the Village of Golf will submit a formal objection to the proposed land use amendment through the IPARC. If the objection is filed, prior to ordinance adoption by the City Page 8 File Number: LUAR 03-002/ANEX 03-00! Serrano at Boynton Beach Commission, ]:PARC would assemble a "fact-finding panel" to review the facts and generate a position on the proposed amendment. This position would be forwarded to the city for consideration during its review. Staff understands the principal objectiOns to be the proposed density and potential heights, as being incompatible with the Iow density development within the Village of Golf. The existence of this adjacent land use and how the two properties relate is described in this report. CONCLU$:I:ONS/RECOMI~ENDAT'I:ON$ As indicated herein, this request is not consistent with .the recommendation of the Problems and Opportunities Section and therefore not consistent with the intent of the Comprehensive Plan. ]:n addition, a land use amendment request for single family detached residential development at a lower density was previously denied by the City Commission for property immediately east of the subject property based on the Comprehensive Plan recommendations and adjacent land use characteristics compared to the proposed project. While the amendment will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; may be compatible with adjacent land uses and will contribute to the overall economic development of the City, staff cannot recommend that the subject request be approved. ]:f the request is approved, there should be a requirement that staff initiate an amendment to the cited Sub-section 8.d of the support documents for the :~989. City of Boynton Beach Comprehensive Plan. This additional application, if filed concurrent with this review, would be transmitted to the state as a large scale amendment and likely be adopted in December. :In addition, any conditions of approval recommended by the Planning and Development Board or the City Commission will be included as Exhibit "B". ,,I:\SHRDATA~.P~nn~n(]~,~HAR~D\WI~PRO,]ECT~na~ BS\LUA.q'~'~'AFF REPORT Location Map Serrano at Boynton Beach Exhibit "A" PU PU REC PU N 8OO 0 800 Feet ~ W' E VIII.-PUBLIC HEARING CITY OF BOYNTON BEACH ITEM D. AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Tumed Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 1, 2003 March 17, 2003 (Noon.) [] June 2, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation jr- · o [] Consent Agenda [] Public Hearing r,o [] Code Compliance/Legal Settlements [] Unfinished Business cc RECOMMENDATION: Please place this request on the May 20, 2003 City Commission Agenda under Public Hearing. The Community Redevelopment Agency Board with a unanimous vote, recommended that the subject request be APPROVED with the condition that the concerns of the Palm Beach County Planning Division regarding the project's impacts on the Year 2020 Roadway System are addressed prior to f'mal adoption. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-105. EXPLANATION: PROJECT: The Arches (LUAR 03-003) AGENT: Nancy C. Graham, Urban Principles, LLC OWNER: Contract Purchaser - Boynton Ventures 1, LLC LOCATION: Multiple blocks begirming at the southwest comer of Ocean Avenue and US-1. DESCRIPTION: Request to amend the Comprehensive Plan Future Land Use Map from Mixed Use (MX) to Mixed Use Core (MXC); and Request to rezone from Central Business (CBD) to Mixed Use-High Intensity (MU-H). For mixed use development (commercial and residential). PROGRAM IMPACT: N/A FISCAL IMPACT: N/A AL TERNATIVE~~,,~ ~ Deveh~e~ IDel~rtment Director City Manager's Signature Planning tor City Attorney / Finance / Human Resources J:\SHRDATA~lanning',SHARED\WPXPROJECTS~ARCHES ~ BBXLUARLa~genda Item Request The Arches @Boynton Beach LUAR 03-003.dot Location Map The Arches at Boynton Beach LUAR 03-003 Exhibit "A" : Z Z ..~ i'Pl Z m z E2 I'"~1 I ~ ~ ~ CBD R3 C2 F OCI::AN AVF S m RI:: °' ' Cf):-4 'g I'fl : O -4 SE--2N~ ~ R1,A ~ C3 R3 -4, VTIT.-PUBLIC HEARZNG ITEH E. 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 [] April 1, 2003 March 17, 2003 (Noon.) [] June 2, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31,2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1,2003 June 16, 2003 (Noon) [] May20,2003 MayS, 2003(Noon) [] JulylS, 2003 JuneJ0,2003(NooffD. [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing '.'-7 [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the May 20, 2003 City Commission Agenda under Public Hearing. The Community Redevelopment Agency Board with a unanimous vote, recommended that the subject request be approved, subject to staff comments, concurring with staff that it will no longer serve a public need due to replacement by the proposed Arches project.. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-091. EXPLANATION: PROJECT: The Arches (ABAN 03-002) AGENT: Nancy C. Graham, Urban Principles, LLC OWNER: Contract Purchaser - Boyn,ton Ventures 1, LLC LOCATION: Multiple blocks beginning at the southwest corner of Ocean Avenue and US-I. DESCRIPTION: Request abandonment of a portion of that certain 20 foot wide alley lying adjacent to Lots 1 through 4 and Lots 11 through 14, together with the north hallo said alley lying south of and adjacent to Lot 5, all in Block 7, ORIGINAL TOWN OF BOY'NTON. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A Developrr~ 12~art~'~ct-~r ' City Manager's Signature Planning and Zoning45~ctor City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS~,RCHES ~ BB~,ABAN',Agenda Item Request The Arches ~Boynton Beach ABAN 03-002 5-20-03.dot S:~BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-091 TO: Chairman and Members Community Redevelopment Agency Board THRU: Michael W. Rumpf Planning and Zoning Director FROM: Maxime Ducoste-Ambdbe Planner DATE: April 17, 2003 SUBJECT: Abandonment of a portion of that certain 20.00 foot wide alley lying adjacent to Lots 1 through 4 and Lots 11 through 14, together with the north half of said alley lying south of and adjacent to Lot 5, all in Block 7, ORIGINAL TOWN OF BOYNTON (ABAN 03-002). NATURE OF REQUEST The applicant and agent for Boynton Ventures 1 LLC, Nancy C. Graham, is requesting to abandon a portion of the 20-foot wide alley located between S. Federal Highway and S.E. 4th Street. This request to abandon a public alley was submitted on March 3, 2003. This abandonment is for the following unimproved platted alley segment: A portion of that certain 20.00 foot wide alley lying adjacent to Lots 1 through 4 and Lots 11 through 14, together with the north half of said alley lying south of and adjacent to Lot 5, all in Block 7, ORIGINAL TOWN OF BOYNTON, according to the plat thereof as recorded in Plat Book 1, Page 23 of the Public Records of Palm Beach County, Florida. The location map attached as Exhibit "A" shows the general vicinity of the street right-of-way to be abandoned. The attached Exhibit "B"- "Proposed Abandonment" shows the location of the subject property and includes a detailed location of the alley to be abandoned and its legal description. The following is a description of the zoning districts and land uses of the properties that surround the subject request. North - Right-of-way for Ocean Avenue and farther north are developed properties zoned Central Business District (CBD); South Right-of-way for Southeast 2nd Avenue and farther south is a developed commercial plaza zoned Community Commercial (C-3); East - Right-of-way for Federal Highway and father east is developed commercial properties zoned CBD; and West Developed commercial properties in Block 7 zoned CBD and then farther west is right-of- way for Southeast 4th Street and still farther west is developed commercial properties zoned CBD. BACKGROUND Page 2 Memorandum No. PZ 03-091 ABAN 02-003 In July of 1898, the Plat of Original Town of Boynton was approved. It included several 20-foot wide alleys dedicated to the perpetual use by the public, reserving unto the developers or successors the dght of reversion if not used as such. The properties located on the north and south sides of the alley segment to be abandoned are under a purchase contract by the applicant Boynton Ventures 1 LLC. The applicant has the intention of vacating the 20- foot alley to consolidate the property and facilitate the development of a mixed-use project (see Exhibit "C"- ARCHES Site Plan). Specifically, this area would be used for the public plaza as shown on the proposed site plan. As indicated on the survey, the segment of the alley to be vacated measures approximately 240 linear feet. All existing infrastructure within the alley will be relocated to the perimeter of the project, along SE 1st Avenue. A twelve-foot (12) wide utility easement will be dedicated to Bellsouth for their underground conduit. When abandoned the lot/easement will revert to the adjacent property owners. ANALYSIS Pursuant to Chapter 22, Article III, Section 4, public notice was given to the property owners that abut the right- of-way to be abandoned, all utility companies have been notified and the request has been advertised in the newspaper. A summary of the responses from the utility companies and city staff is as follows: CITY DEPARTMENTS/DIVISIONS Engineering - No objection Public Works/Utilities - Pending (see Exhibit "E") Planning and Zoning - No objection PUBLIC UTILITY COMPANIES Florida Power and Light - Approval with conditions (see Exhibit "E") Bell South - Approval with conditions (see Exhibit "E") Florida Public Utilities Company - Approval with conditions (see Exhibit "E") Cable Company (Adelphia) Approval with conditions (see Exhibit "E") Cable Company (Comcast) N/A The historical configuration of Block 7 of the Odginal Town of Boynton subdivision provided the lots with frontage on E. Ocean Avenue and SE 1st Avenue. A twenty (20) foot alley dissects Block 7, extending east to west. The existing parcel configuration of Block 7 of the Odginal Town of Boynton subdivision as shown on the tax map indicates that Lot 9.1 and Lot 8.2 are not unified. Subsequent subdivision of the parcels of this plat has been created disregarding the minimum standards of the CBD. Lot 9.1, which abuts the subject alley measures approximately 75 feet wide and conforms to the minimum lot frontage requirement of the Central Business District (CBD), based on access and frontage along the twenty (20) foot wide alley (see Exhibit "D"). Therefore, if the existing parcel configuration is as shown on the tax map and not under unity of title with the adjacent parcel to the west, the approval of the requested abandonment will reduce down the frontage of the abutting parcel, south of the subject alley. RECOMMENDATION Staff recommends that this request to abandon the portion of the 20-foot wide alley as described above, be approved, subject to the comments included in Exhibit "E" - Conditions of Approval. Any conditions required by the Community Redevelopment Agency Board and the Commission will be placed in Exhibit "E" - Conditions of Approval. xc: Central File S:~Planning~SHARED\WP~PROJECTS~ArcJnes~ABAN 03-O02',staff rel:~ort.doc Location Map EXHIBIT"A" The Arches at Boynton Beach ........... EXHIBIT "B" .- PROPOSED ,~ ABANDONM~~_ EXHIBIT "E" Conditions of Approval Revised Project name: The Arches File number: ABAN 03-002 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: Pending PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE 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 Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 1. If the parcel configuration of Block 7 is as shown on the tax map, and the X frontage of Lot 9.1 is reduced to a non-conforming length, than one of the following steps, or alternative action, should be taken to prevent the nonconformity: a) assembly and unification with an adjacent parcel to obtain minimize frontage; b) a variance be requested and granted; and c) limit the abandonment to the easterly portion of the alley, specifically approximately the first 190 linear feet and, modify the site abandonment accordingly. 2. This approval is contingent upon satisfying any conditions from the City Of X Boynton Beach Engineering Division. PRIVATE UTILITIES 3. Adelphia has no objections in the abandonment as long as Adelphia facilitiesI X I are $Xanted the proper easement 4. Any and all costs resulting in the relocation or removal of Adelphia facilities X due to said abandonment are paid by the customer and/or property owner and/or requesting party. 5. Florida Power & Light has no objection to the abandonment contingent X upon the following conditions: a) FPL acquiring all additional easements for any.and all existing or proposed FPL facilities necessary to service any and all existing and proposed furore construction requiring electrical service at the abandoned site. This includes but is not limited to ten (10) foot easements adjacent to both sides of all major thoroughfares. b) All easements where FPL facilities exist are not considered abandoned until said facilities are de-energized, relocated and/or removed. c) Any and all cost resulting in the relocation or removal of FPL facilities due to said abandonment are paid by the customer and/or requesting party. 6. Florida Public Utilities Company has existing gas facilities within the X referenced proposed abandonment area. Therefore, must object to said abandonment unless the following conditions are met: DEPARTMENTS INCLUDE REJECT d) All related relocation expenses will be paid by the party requesting the abandonment by the date specified by Florida Public Utilities Company. e) A separate easement must be granted to Florida Public Utilities Company within the referenced area. All related easement expenses will be paid by the party requesting the abandonment by the date specified by Florida Public Utilities Company. 7. Bellsouth provisionally agree to Statement of No Objection to the proposed X abandonment subject but not limited to the following conditions: f) A utility easement will be provided to support Bellsouth's main conduit system that is underground through the existing alley. g) Relocation costs to rearrange existing telecommunication lines in the vicinity of the project. h) Bellsouth will require conduit structure for future cable placements under an area of the proposed project where construction of conduit would not be practical after completion of the Arches project. i) Vehicular access to the area where the existing Bellsouth Manhole is located twenty-four hours/seven days a week. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:Wlanning\SHARED\WP~ROJECTSXARCHES (~ BB',ABAN'xCOA2.do~ VIII.-PUBLIC HEARING ITEM F. 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 Tumed Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 1,2003 March 17, 2003 (Noon.) [] June 2, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31,2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business -'~ '~":~' AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business ...; ;.5',~ RECOMMENDATION: Please place this request on the May 20, 2003 City Commission Agenda under ~.a ,'~' ':~ Public Hearing. The Commtmity Redevelopment Agency Board with a 6 to 1 vote, recommended that the subject reCqdest oe approved, subject to all staff comments, including the staff recommendation that the project have a maximum of one (1) year to pull a permit or modify the occupational license. Please note that condition #12 would not be necessary if the pending ordinance is revised to address unofficial events or activities. Separate from the approval of the subject request, the Board requested that staff report back with information on the adequacy of site lighting. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-115. EXPLANATION: PROJECT: Club Ovation (COUS 03-002) AGENT: Randy Grinter OWNER: Randy Grinter, Tommy Pauletti, Tommy Kansler LOCATION: 3637 South Federal Highway DESCRIPTION: Request for Conditional Use approval to allow athletic competitions in a C-3 zoning district. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIV~ N/A Devel~en'~ De~ rtr~e~t~Dire&or ~r~ "~'~ty Manager's Si~l~ature Planmn~ and Zonia~(I]fff~-ctor City Attorney / Finance / Human Resources S:\Planning\SHARED\WP~PROJECTS\Club Ovation (fka The Grand, Ozone, Orbit)~Agenda Item Request Club Ovation COUS 03-002 5-20-03.dot S:~BULLETIN\FORMS~AGENDA ITEM REQUEST FORM.DOC DEPARTMENT OF DEVELOPMENT MEMORANDUM NO. PZ 03-113 TO: Chairman and Members Community Redevelopment Agency Board FROM: Michael Rumpf Director of Planning and Zoning DATE: May 6, 2003 SUBJECT: Club Ovation (f.k.a. The Grand)- COUS 03-002 Conditional Use Approval - Athletic Competitions PROPOSAL SUMMARY Contained herein is a description of the subject request. The applicant is requesting conditional use approval for "athletic competitions" at 3637 South Federal Highway (see Exhibit "A"). The proposed use would be located in a 22,672 square foot bay at the northwest corner of the Gulfstream Mall. This bay was previously occupied by a Winn-Dixie grocery store and then in October of 2000, conditional use approval was granted to former tenants to operate a nightclub under the name "Ozone". Due to the lack of code provisions at that time, "Nightclubs" were added to the C-3, Community Commercial zoning district, as a conditional use. The subject request is in connection with the pending amendment to the city's Land Development Regulations, Chapter 2. Zoning, Section 6.C.1. This code amendment, scheduled for adoption on May 20, 2003, is intended to create separate use categories for indoor and outdoor recreation, and specifically add new indoor uses as described below: m. Recreational facilities: i. l:ndoor recreational facilities, including nightclubs*, bowling alleys, billiard halls, health clubs/gymnasiums, shooting ranges (indoor only), skating rinks, and amusement arcades. Bars/lounges, musical entertainment and athletic competitions* shall also be accessory to the principal uses described in this section. ]~ndoor recreation facilities other than those which are listed above shall be conditional uses(*). The use "athletic competitions" is new to the City's zoning code, and therefore must be defined. Tn addition, Staff has found that other terms used in this amendment are not included in the zoning code and therefore, must also be defined within the Land Development Regulations, Chapter 1, Article I]~. Det7nition$. The definition for "athletic competitions" is currently being proposed as follows: ATHLETIC COMPETI'I'IONS - Amateur and professional events to include but not be limited to boxinq, cheerleadinq, dance, gymnastics, martial arts, and wrestling. Club Ovation - COUS 03-002 Page 2 Of all the uses listed in the definition for "Athletic Competitions", the principal purpose of this request by the applicant is to obtain approval for boxing competitions. If granted, any use listed above in the definition for "Athletic Competitions" would be allowed under the conditional use approval. Also, this corresponding code amendment is a prerequisite to approval of the subject application. Applicant/Agent: Randy Grinter for Club Ovation Inc. Project name: Club Ovation General description: Conditional use approval for athletic competitions at Club Ovation nightclub within the Gulfstream Mall Property size: Total Site: 8.303 acres/31,678 square feet Land use: Local Retail Commercial (LRC) Current Zoning: Community Commercial C-3 Proposed Zoning: Community Commercial C-3 Location: Gulfstream Mall, 3637 S. Federal Highway North of Gulfstream Boulevard between Old Dixie Highway and Federal Highway/US 1. Building area: 22,672 square foot existing bay (See Exhibit "B"). Surrounding land uses and zoning: North - Paint and body shop, zoned C-4 and a self-storage facility, zoned C-3/C-4; South -Gulfstream Boulevard and farther south, a Dunkin Donut shop and an office building, zoned C-3; East - U.S. 1 and farther east, vacant property in the Town of Gulfstream, zoned Outdoor Recreation - OR; West - Old Dixie Highway right-of-way, F.E.C. railroad tracks and farther west unincorporated vacant land zoned RS - Residential Single-Family. STANDARDS FOR EVALUATING CONDITIONAL USES AND ANALYSIS Section 11.2.D of the Land Development Regulations contains the following standards to which conditional uses are required to conform. Following each of these standards is the Planning and Zoning Division's evaluation of the application as it pertains to standards. Club Ovation - COUS 03-002 Page 3 The Community Redevelopment Agency Board and City Commission shall consider only such conditional uses as are authorized under the terms of these zoning regulations and, in connection therewith, may grant conditional uses absolutely or conditioned upon the conditions including, but not limited to, the dedication of property for streets, alleys, recreation space and sidewalks, as shall be determined necessary for the protection of the surrounding area and the citizens' general welfare, or deny conditional uses when not in harmony with the intent and purpose of this section. In evaluating an application for conditional use, the Board and Commission shall consider the effect of the proposed use on the general health, safety and welfare of the community and make written findings certifying that satisfactory provisions have been made concerning the following standards, where applicable: 1. Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. Adequate access exists on site. The Gulfstream Mall has access from: Federal Highway, two driveways; Gulfstream Boulevard, two driveways and Old Dixie Highway, one driveway that provides access to the back of the mall buildings along the north and west sides of the property. 2. Off-street parking and loading areas where required, with particular attention to the items in subsection 1 above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole. Required parking for the Gulfstream Mall as a shopping center use is calculated at one space for every 200 square feet of gross leasable floor area. The parking requirement for shopping centers takes into consideration a variety of uses and is intended to be an average of parking requirements for these uses. Total square footage for the Gulfstream Mall is shown as 74,290 square feet requiring a minimum of 372 parking spaces. However, given the potential or likelihood for the nightclub to attract patrons that would exceed the total, or its share of the parking supply, staff, during the review of the previous request for nightclub approval, recommended that the nightclub tenant space be reviewed separately under the more restrictive (place of assembly) ratio of 1 space per every 100 square feel This hybrid parking methodology (combining the assembly ratio of 1 space/lO0 square feet with the shopping center ratio of I space/200 square feet) generated the need for 487spaces (possibly miscalculated and documented at 484 spaces in the previous staff analysis). As there were a total of 440 spaces at that time, this represented an increase of 47 spaces. This original condition of approval was satisfied through permit number 02-1237, which ultimately increased total parking spaces by 49, or to a total of 489. This parking ratio for the nightclub is the same ratio applicable to a sporting event or other assembly use. This proposed use, along with the existing nightclub, would operate after 7:00 p.m.. Most of the businesses in the mall operate during daytime hours except for two small restaurants, which may serve until approximately 10:00 PM. Staff has conducted field checks of the Gulfstream Mall on previous occasions during daytime hours to observe Club Ovation - COUS 03-002 Page 4 that the parking lot was approximately 15 percent occupied. Given that the club and competition events will not operate simultaneous/y, will operate in the evening when other business are closed, will represent a reduction in overall capacity of the building when retrofitted with a boxing arena and fixed seating arrangement, and given the apparent under utilization of the existing parking spaces, there is, theoretically sufficient space to serve the proposed use. However, similar to peak shopping periods that typically cause parking shortages, such special events such as a concert with a popular band or a Golden Gloves boxing tournament could attract patrons which would exceed the capacity_ of the shopping center. Although not tabulated within this analysis, there exists an estimated 30 to 40 additional on-street parking spaces, and several handicap-accessible spaces, located along the north and south sides of US-l, south of Gulfstream Boulevard, within one-half mile from the subject property. It is reasonable to assume that an event that would attract "capacity" crowds would include involve willing to walk the one-quarter to one-half mile distance if necessary. However, since the on-site and off-site parking resources would not accommodate crowds estimated based on fire-rated building capacity ~approximately 2,000), to accommodate crowds anticipated with any future major event, the applicant should consider parking strategies to include other off-site resources. 3. Refuse and se~ice areas, with particular reference to the items in subsection 1 and 2 above. F~efuse will continue to be removed on the standard schedule established for the Gulfstream k4all shopping center. A/though it is not anticipated that waste will be significantly increased if athletic competitions are held at this location, any increase would be reviewed at that time for needed additional services. 4. Utilities, with reference to locations, availability, and compatibility. /t is not anticipated that additional utility services will be required for the proposed use, above that installed as part of the previous approval for a nightclub. 5. Screening, buffering and landscaping with reference to type, dimensions, and character. No new site improvements are required to support the additional indoor competitions use. 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. The shopping center parking lot contains lighting. No new lighting is proposed. The signage for the previous nightclub business has been removed leaving the existing nightclub currently without any building or site signage. The only signage is provided above the several front doors that identify the correct door to use depending on ticket status. No new signs have been submitted as part of this conditional use application. Club Ovation - COUS 03-002 Page 5 New signage for this tenant must meet code and be compatible with the other signage in the shopping center. A building permit is required for new signage. 7. Required setbacks and other open spaces. The proposed use does not affect setbacks or open space requirements. 8. General compatibility with adjacent property and other property in the zoning district. When the previous conditional use application was reviewed, the subject tenant space was not compatible with the remainder of the shopping center. The front of the bay was painted a deep blue and the west wall, visible only from Old Dixie Highway, was painted deep red. Subsequent/y, the entire shopping center was uniformly repainted two yellow or orange color tones. 9. Height of building and structures, with reference to compatibility and harmony to adjacent and nearby properties, and the city as a whole. The Gulfstream Mall is an existing building that meets the code requirements for the C-3 Commercial zoning district. 10. Economic effects on adjacent and nearby properties, and the city as a whole. Prior to the previous approval for a nightclub, this space remained vacant fo/lowing the closing of the principal tenant, a Winn Dixie grocery store. The tenant space for the subject nightclub represents approximately 30 percent of the gross leasable space in the shopping center. Obviously, the continued operation of a use in this space will have a positive economic impact on the viability of the Gulfstream Mall. The restaurants in the shopping center may benefit from increased patronage attributed to people attending athletic competitions; however, the ultimate size of the competitions held will determine the real and overall economic or fiscal benefits to the area and the city. As for whether an event could be held that is construed as undesirable by the city, the definition for "athletic competitions" is broad and could allow events that are principally more for entertainment purposes than for competition purposes. Such uses could include "tough-man" or other contests which are more typical to the bar or nightclub environment than an athletic or Olympic arena. In response to this uncertainty, staff recommends that this approval be limited to official sports which are sanctioned or ruled by an official regulatory authority, or be a recognized collegiate or Olympic activity. This would exclude those events primarily promoted for entertainment purposes and which are typically associated with a nightclub or bar venue (see conditions of approval). This would also require that other competitions excluded herein would require additional conditional use approval, or and review on a case-by-case basis. 11. Conformance to the standards and requirements that apply to site plans,'as set forth in City of Boynton Beach Land Development Regulations, Chapter 4 Site Plan Review. Club Ovation - COUS 03-002 Page 6 With incorporation of staff comments, the proposed project will comply with all requirements of applicable sections of city code. 12. Compliance with, and abatement of nuisances and hazards in accordance with the performance standards within Section 4 of the zoning regulations; also, conformance to the City of Boynton Beach Noise Control Ordinance With incorporation of all conditions contained herein, the use would operate in a manner that is in compliance with the above-referenced codes and ordinances of the City of Boynton Beach. RECOMMENDATION Based on the analysis documented herein, staff recommends approval of this conditional use request subject to the comments listed in Exhibit C - Conditions of Approval. Furthermore, pursuant to Chapter 2 - Zoning, Section 11.2 Conditional Uses, a time limit is to be set within which the proposed project is to be developed. Staff recommends that a period of one (1) year be allowed to initiate this project, which would be accomplished by pulling a building permit or obtaining the appropriate occupational license within that time period.. Staff notes that the proposed use is new to the City of Boynton Beach and that the actual impacts, both positive and negative, will not be known until after the subject use has established itself and the magnitude of patronage is realized. Significant benefit to the city could be realized, including that attributed to the nationally televised sporting events. Most negative impacts will be controlled with proper police or secudty enforcement. Although this use may form the basis of future review and code amendments, the subject property and location should be appropriate for the proposed use. MR Attachments S:\Planning\SHARED\WFAPROJECTS\Club Ovation (fAa The Grand, Ozone, Orbit)\Staff Report-Club Ovation COUS 03-002,doc LOCATION MAP CLUB OVATION EXHIBIT "A" ;N CITY ITE / EXHIBIT "C" Conditions of Approval Project name: Club Ovation File number: COUS 03-002 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: 1. A scaled drawing of the seating & stage (ring) layout for each individual X event must be submitted to the Fire Marshal's office for approval prior to ticket sales for any event over 1000 patrons. POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: 2. Submit a clear and legible floor plan of the ring and seating areas. Aisles, X aisle width seating, aisle access ways, etc. shall comply with the requirements of Section 1019.10 of the 2001 Florida Building Code where applicable. All dimensions shall be clearly shown on the floor plan. 3. A floor plan and seating chart showing the construction of the ring and the X location of temporary seating shall be required to be submitted to the Building Division for review by the Fire Department and Building Division personnel for applicable code requirements. 4. An occupancy load calculation will be required to calculate allowable X occupancy load, as Club Ovation was built with an open concert floor 5. Additional electrical requirements such as generators, lighting, etc. will be X Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT required to be submitted along with the floor plan, and electrical permits shall be secured by licensed contractors who will receive applicable inspections. 6. Depending on the occupancy load, the athletic events floor plan and X occupancy load will have to be checked to ensure that restroom facilities are adequate for the proposed occupancy load 7. Handicapped accessibility shall be maintained at all times. X 8. Any necessary permits shall be requested and issued, and inspections held X and approved, prior to holding any athletic competitions. 9. Licensed contractors shall file applications, secure permits and receive all X applicable inspections. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 10. Provide confirmation that project meets, or is exempt from review for X county traffic performance standards ordinance. 11. Application (site plan) reflects old parking space data, revise and submit X updated version showing and tabulating current improved parking spaces. 12. Competitive or exhibition events held should be limited to either X activities/events sanctioned or permitted by a recognized regularity authority, and be recognized as a collegiate and/or Olympic activity, competition, or event. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD COMMENTS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:h°Ianning\SHARED\WPh°ROJECTS\Club Ovation (fica The Grand, Ozone, Orbit)\Condition of Approval 2 page -P&D ORA 2003 form.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Club Ovation (f.k.a. The Grand) COUS 03-002 APPLICANT'S AGENT: Randy Grinter APPLICANT'S ADDRESS: 3637 South Federal Highway, Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: May 20, 2003 TYPE OF RELIEF SOUGHT: Request for Conditional Use approval to allow athletic competitions in a C-3 zoning district. LOCATION OF PROPERTY: 3637 South Federal Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the 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\WFAPROJECTS\Club Ovation (Aa The Grand, Ozone, Orbit)\Develop. Order Club Ovation COUS 03-002.doc IX. - CITY MANAGER'S REPORT ITEM A CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Date~ in to City Clerk's Office Meetine Dates in to City Clerk's Office [] April 1, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July l, 2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Adminisa'ative [] Legal NATURE OF [] Announcement [] New Business ~.~ AGENDA ITEM [] City Manager's Report [] Presentation c'~co -~' ''< [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfirtished Bnsmess RECOMMENDATION: Update on Fire Station g4 Land Purchase and Options EXPLANATION: See staff report from Fire Department summarizing the two parcels under consideraticm'for purchase and development of a new fire station m the SE Quadrant of the City PROGRAM IMPACT: Construction of the station is part of the City's current Capital Improvement Program and will serve to improve the City's fire response to the SE Quadrant of the City. FISCAL IMPACT: Estimated cost: $3,115,833 per CIP Plan Sheet ALTERNATIVES: Direct staffto continue searching for suitable land site for the new station. Depa~h~ent Name City Attorney / Finance / Human Resources S:~BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC Staff Report - May 20, 2003 Summarizing two parcels under consideration for Fire Station #4 (SE) Boynton Beach Fire Rescue Department Back.qround Building Fire Station ~4 is the cornerstone project of the fire assessment process. Based on a review of response data it was determined that a fire station in the SE quadrant of the city, preferably East of the railroad tracks, was critical to accomplish our goal of significantly reducing response times, as well as addressing community growth and overall increase in calls for service. A fire station in this area would add the necessary depth to the resources currently available. Currently, coverage to this area is provided by Fire Stations #1 and #2. Fire Station #2 is located at 2210 South Congress Avenue, and has an irregular coverage area for primary response into the SE section of the City. The area to be covered by a SE station has a mixed demographic base and is currently undergoing a significant addition of multiple family developments. Included in this area are Bethesda Hospital and associated doctor's offices, as well as several ALF's and nursing homes. Review of response data indicates that this is one of two areas in the city with a heavy concentration of call density and where over 50% of the emergency responses have a comparatively high response time. Several months have been devoted to finding a suitable location. Finding a site with sufficient land at a reasonable cost, and one that was operationally expedient has been a substantial undertaking. Two sites have emerged in this process. One is the Baker Furniture property at 2319 South Federal Highway and the other is the Hayes Medical Clinic property at 1919 South Federal Highway. Baker Furniture: This site is located on the NW corner of SE 23rd Avenue and South Federal Highway and is 33,975 s.f. +/-. There is a second adjacent property that lies immediately West of the Baker site and is listed in conjunction with that site. This property is located at 515 SE 23rd Avenue and is 13,440 s.f. +/-. The total cost for these two properties is $1,200,000, which equates to a price per square foot of $25.31 for a total of approximately 1.08 acres. A third adjacent site lying immediately North of the Baker site at 2317 South Federal Highway is 14,750 s.f. +/- and on the market for $450,000 which equates to an available price per square foot of $30.51. The total of all three properties is 62,165 s.f. +/-, or 1.42 acres with a total asking price of $1,650,000. 1.42 acres is slightly below our projected minimum to build a basic three-bay, single story station with living facilities to accommodate 6-9 personnel. There has been numerous contacts with the representatives of these sites. Based on an email update from Mr. Jim Nardi of the Urban Group on May 9, 2003, subsequent to a visit the preceding day, the owner is firm in his asking price. The owner further stated that he is in negotiations with a retail chain for the purchase of his property at the asking price. If that deal fails, he may be willing to sell to the city, but stated that would take no less than the asking price. Hayes Clinic: This site is located South of SE 18th Avenue and is owned by Triple C Leasing, Inc. The property area is 82,847 s.f. +/- (1.9 acres) with a determined fair market price $1,420,000. This equates to $17.14 per square foot. In the latest correspondence from Mr. Nardi, pursuant to negotiations with a representative for the partners of Triple C Leasing, Inc, the representative stated that they would be interested in selling and a price of $1,500,000 was discussed. Based on Commission action taken prior to this discussion, the process of eminent domain has begun for this property and is proceeding while negotiations continue with representatives of both the Hayes site as well as the Baker site. Supportina Information / Operational Issues Both sites provide sufficient land for a quality fire station. Both sites are in a good geographic location to effectively serve the service demands of the community, and specifically the residents, businesses, and visitors to the SE quadrant of the City. With proper signalization, both sites are situated in such a way as to provide reasonable access with minimal impact to traffic patterns. A fire station at either site will meet our objectives regarding response time reduction, as well as complements our vision of building fire stations that can be adapted to parallel future growth, a pattem that has already begun in this area. From a land perspective, the Hayes property offers more space allowing a variety of design opportunities that may result in a more functional fire station. We have developed some options that can be reviewed regarding the adaptive use of the existing structure on the Hayes site in relationship with a fire station on this site. A copy of an internal memo regarding this issue is included. In general, the cost for constructing a one-story fire station, as is recommended, is approximately $148.00 per square foot. According the Capital Improvement Program Identification /Justification Form, funding allocated for this Fire Station is $3,115,833. This earlier cost projection includes $1,000,000 for land purchase. Comparison Baker Site Hayes Site Construction Costs (sq. ft.) Single Story $148.00 $148.00 Double Story $168.00 $168.00 # of Properties/Owners Involved 3 / 2 1 / 1 Property Size (sq. ft.) 62,165 82,847 Property Size (acres) 1.42 1.90 Price per sq. ft. $17.14 Properties 1 and 2 $25.31 Property 3 $30.51 Total Cost of Property $1,650,000 $1,500,000 Temporary Costs TBD TBD Building Size 7,500 sq. ft 7,500 sq. ft. Number of Apparatus Bays 3 3 Living Facilities (# of personnel) 9 9 Options 1. Build Station 4 at the Hayes site. 2. Build Station 4 at the Baker site. 2 Fire Rescue Department Recommendation The Fire Rescue staff believes that either site is geographically and operationally appropriate for a fire station. While the Baker site may have some inherent advantages with regard to ingress and egress, these issues at the Hayes site can be easily accommodated with proper signalization. The Hayes site is four blocks closer to Woolbright Road, which allows quicker access into Zone 2 as well to Interstate 95. The Baker site, with all three properties combined, is just below the minimum of necessary space needs, considering parking, driveways, setbacks, drainage etc. The Hayes site is larger and less costly per square foot. It is important to point out that the Hayes site is immediately available. If consideration is given to the Baker site a delay is imminent as we are "waiting in line" for consideration. The Fire Rescue Department recommends building Fire Station ~4 on the Hayes site. Respectfully submitted, William L. Bingham Fire Chief Attachments: Maps of both sites CIP Identification/Justification Form Memo Regarding Adaptive Use Options THE URBAN GROUP, INC. t424 South Andrews Avenue, Suite 200 Fort Lauderdale, Florida 33316 (954) 522-6226 Northwest corner of South Federal Hiphway and SE 23rd Avenue Site Data Owner: Baker, D & E Site Address: 2319 South Federal Highway Site Square Footage: 33,975 +/- Owner: Hayes, Peter Site Address: 515 SE 23rd Avenue Site Square Footage: 13,440 +/- Both Properties (Listed Together) Listed Price: $1,200,000.00 Listed Price Per Square Foot: $25.31 THE URBAN GROUP, INC. 1424 South Andrews Avenue, Suite 200 Fort Lauderdale, Florida 33316 (954) 522-6226 Northwest comer of South Federal Hi.qhway and SE 23~d Avenue Site Data Owner: N/A Site Address: 2317 South Federal Highway Site Square Footage: 14,750 +/- Available Price: $450,000.00 Available Price Per Square Foot: $30.51 PROJECT NAME: Fire Rescue Station ~4 ICiP PROJECT NO. i Provide detail to SUl.~.~,~ ,~,.~ ~hc-wn in PoOh,al Annual Impact to Operating BuclgM DIRECT EXPENSES: ;~ERSONNEL: M03.128 These c~t~ if~ude ~e h~ng (3(24 i;Id~3nM r~qlgNerJ to stMT t~e new st~b~. ~ ~ ~ ~ m ~ ~~ ~ 6 ~ ~ m SOl=Pr.lES: 8116.576 cove~ · ~ o~ o(~r~lng SUl;X~is from seww. wire', etoctrlc to mlintonlnc~ mYI Ir~mng EQUIPMENT: S205.53~ I~e new quint fire engine It N~m~x L%~0.000 w~1 removed horn this Iccount ~ i{ I~$ IVeldy been OKlirKI. OWlet eq~pmen! includes computerJ and OTHER: $15.000 · the MbmMed l~al colt ~ Mher nee~d equ~pmenl including m~:Meleous EMS equKomenL INDIRECT EXPENSES: PERSONNEL: $10.000 rMlects smm'Y ~nd Ixnems for ~ci#~/I:)e~<x~nM from Pu~c W(xtm pe~om~g j~n~ ~nd mmmen~nce w(~y for the ix~k~ng (inside ar~ (~) and gn~nds. SUPPUES: S2.000 i~ the el6nllted im~ of jlnito/tM Ind mmJntl~lnce sulx:Mil~ ~ one yelt. OTHER: S5.000 covets Mec~m~c G~t, ~ (phone taxi c~'~outets), and othe~ connct Nrv~ce ALL YEARS Plann~g S 2O2.255 Si~ Irntxovlmem 75.0O0 BuUcling ($14W~q. It Q 750O ~q ft $ 1.;10.000 Odvewl~ ~clewlJks $ .f0.0oo i I.IndiMpe Ir~;.~ 30,000 InitMI SM-Up ~ (spec~y) Con~ngency $ 1Sg,04a Phone ~nd dam $ 25,000 Traitic ~ignMization 200,000 WirMe~ data #nk 14,500 GRAND TOTAL. $ 3~115.833 PROJECT FUNDING PWx YeM'S (b~/Fund) ~9-00 00.01 014)2 024)3 03434 0405 Total C~TERU~ VVEIG~ "X" IMPAC'r SCALe (O;__~__; ;SCORE ONE) AVAILABLE GRANT FUNOS 3 ~:!:-5 -4 -3 -2 -1 '0 1 2 3 4 5 PUBLIC SENTIMENT 3 ~.~ -5 -4 -3 -2 -1 0 1 2 3 4 5 PUBLIC HEALTH~ SAP~.tY~ & WELFARE 3 ~%~:~ -5 -4 -3 -2 -1 0 1 2 3 4 5 FI=UERAUSTATE MANDATES 3 ~ ':.~' .,~ ,A_~,~..:' -4 -3 -2 -1 0 I 2 3 4 5 ONGOING O~";RATING COSTS 3 ' ....'~ -4 -3 -2 -1 0 1 2 3 4 5 REVENUE GENERATION PoTENTIAL 2 ~' ~'i~ ~ -4 -3 -2 -1 0 1 2 3 4 5 QUALITY OF LIFE 2 ~:~-~ -4 -3 -2 -1 0 1 2 3 4 5 CONSi~I=NCY WITH EMPHASIS AREAS 2~:'~ ~ -4 -3 -2 -1 0 1 2 3 4 5 ECONOMIC IMPACT (JOBS/TAX BASE) 2 ~:~'~i:: 1"5 -4 -3 -2 -1 0 I 2 3 4 5 CONTINUATION OF PRIOR FUNDING 2 ~;:~.' -4 -3 -2 ol 0 I 2 3 4 5 -5 -4 -3 -2 -1 0 1 2 3 4 5 IN¥~'~<-GOVERNMENTAL COO~.Ka~TION 1 .HISTORIC PRESERVATION 1 ~ ~ .4 -3 -2 -1 0 1 2 3 4 5 ENVIRONMENTAL IMPACT I ~ '~ -5 .4 -3 -2 -1 0 1 2 3 4 5 TOTAL SCORE: FIRE RESCUE MEMORANDUM TO: William Bingham, Fire Chief FROM: David Liu, Deputy Chief of Operations DATE: May 15t~, 2003 SUBJECT: Cost Estimates for Fire Station Options at Hayes Property Site Attached are three study plans developed by CH2MHill for a variety of options for Fire Station 4 at the Hayes property site. I have done some brainstorming with the Station Design Team, and offer the following thoughts and recommendations as well: 1) Adaptive use of the existing building, whether for Fire Rescue administrative offices or for another public or private use, is a viable concept. From a purely operational standpoint, I would prefer razing the existing building and starting fresh with a new station, thus ensuring sufficient station size, parking, and future expansion possibilities. However, as can be seen from Study Plan #2, it is possible to renovate the existing building for office/administrative use, and still have an adequate one-story fire station on the rear of the site. Note: If it is found that on-site water retention is required, we will be settling for a minimal and cramped fire station with this option. 2) Converting the existing building into a Fire Station is unacceptable. We would end up with a two bay station built around a 28 year old building. Our Station Design Team developed a list of needs that all bid architectural firms were directed to meet in the station design process. Included in this needs list were: a pitched roof to minimize leaks and "sick building syndrome", Iow maintenance block interior walls, three apparatus bays at minimum, and hurricane ready construction (hardened roof, mechanized window shutters, hurricane rated doors). The current building either cannot be adapted to these needs, or only at prohibitive cost. 05/14/2003 07:31 F.~ $61.515.6§40 GEE ~XTD JENSON ~02 Fax: (561) 742-6334 City of Boynton Beach 100 o. Boynton Beach Blvd. Boynton Be. ach, FL 33435 Attelltion: Mr. David Liu, Deputy Chief of Operations Refmv. nce: City of Boynton Beach Fi~ Station # 4 Study AlIached are the three study plans you requested. Should you have any questions, please do not he,.si~ to call. Very truly yours, I~vid I~11~¥, Ir., PE, P,$.M.. 05/14/2003 07:31 ?A~ $61+515+6640 GEE .~i) JENSON ~03 CH2M HILL One Hmvarfl Circ~ Ci~ of Boston Beach Fke Station ~ 4 Study Plms ~ ~um~ we evfluated ~ Study Plus utilizing ~e e~sfing b~i~ng at the si~. ~mpfions were made ~t e~s~g u~fies ~e av~able, no zomg issue, ~ ~e is ~o~ no h~us ~fi~ abatement ~ ~u~. Should on-sim wa~ retention ~ ~M~ Study PI~ No. 1 ~d 3 w~ l~se p~g. ~~ ~e e~g 6,5~ SF ~d add 2,~ SF App~ms Bay (olfly 2-Bay c~ ~pt layout) ~d ~m site wo~ ~v~on: 6,5~SF ~ $110 = $ 715,~ & B = $ 80,~ ~~y ~nemmr = $ 1~,~ $1,235,~ D~lt mnov~on pmj~t off-si~ work ~cl~ ~Y PL~ ~ 2 ~ e~g ~ to ~ A~s~on Fac~ ~d cons~ct a new 8,~0 SF, 3-Bay S~on. R~n~o~ 6~ SF ~ $8~SF = $ 520,~ & E = $ 80,~ $1,920,~ Conunents: · Limited parleing · Mix Internal Trdfic / Parking * No off sim work included 05/14/2003 07:31 F,~ $61+$15~6640 GEE ~D JENSON ~04 Rellova[e existing into an Administralio~l Facility and construct a new 2-story, 8,000 SF 3-Bay F'tm Station with associated sim improvements. Renovation: 6,500 SF @ $80/SF = $ 520,000 New 2-Sto~y FS: 8,000 SF @ $150/SF = $1,200,000 F.,l©vator = $ 35,000 FF & E = $ 80,000 F. anergency Generator = $ 100,000 Sit,work $ 100,000 $2,035,000 Comments: · A 2-Story Fire Station has internal circulation difficulties. · Mix Internal Traffic/Parking · Renovation does not includ~ FF & E. · No off-site work included. Should you have any questions, pleas6 call. 90~] NOS~/.~L' (INY 3~[~ 0~99+~]~S+~9~ ~V.4 ;~:£0 C00~/~;/~0 IX.-CITY MANAGER'S REPORT CITY OF BOYNTON BEACH ITEM B.. 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 [] April 1, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Admmistrative [] Legal rD :. _ NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation ...c [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business "~ RECOMMENDATION: Update on Fire Station #2 Location Options ~:~ EXPLANATION: See staff report from Fire Department summarizing the two parcels under consideration for development of a replacement/refurbished fire station in the SW Quadrant of the City. PROGRAM IMPACT: Construction of the station is part of the City's current Capital Improvement Program and will serve to improve the City's fire response to the SW Quadrant of the City. One option- relocation serves to balance response times to service area of Station #2 FISCAL IMPACT: Estimated cost $4,423,708 per CIP Sheets ALTERNATIVES: Re-build Station #2 at present location. . ~ _ Department Heads Sjgfiature Signature Department Name City Attorney / Finance / Human Resources S:~BULLETIN\FORMSXAGENDA ITEM REQUEST FORM.DOC Staff Report - May 20, 2003 Summarizing two parcels under consideration for Fire Station #2 Boynton Beach Fire Rescue Department Back.qround Fire Station #2, currently located at 2210 South Congress Avenue was built 31 years ago (1972). This building was designed to house fire equipment and to accommodate two to three firefighters. In 1972, Leisureville was beginning to be constructed and Hunter's Run was in the development stage. This station is located within 20 feet of residential homes on approximately'¼ acre of property. It was not designed for staff expansion and did not include dual-gender facilities. There have been no significant improvements made with the exception of some minor changes to the living facilities in an attempt to reasonably accommodate six firefighters. Included as one of the four major components of the assessment plan, Station #2 was scheduled to be renovated on its present location. Given the limited available space, with no adjacent property available for expansion, renovating this building into a two- story fire station will provide some relief with regard to living accommodations. However, this site would never be considered practical if not for the fact that the existing station is located there. In terms of outcome, the most likely scenario is that renovating this station will result in a 2 bay station with reasonable living accommodations, inadequate storage space, limited parking, and with reserve apparatus being left outside as is currently done. Regardless of design creativity, space restrictions dictate that ingress and egress will continue to be limited. During the research phase of the Station #2 refurbishment and several months after the assessment footprint was established, it was learned that the city had 3.21 acres of land that had been dedicated several years earlier. This land is located on the North side of Woolbright Road, West of Congress Avenue, and directly West of the Utility Storage Tank site (1.01 acres). After a review of this site in terms of a fire station location, it was deemed that this site is a more favorable location for a fire station, with sufficient land providing an opportunity to include a Community Room, Emergency Operating Center (EOC), and Fire Department administrative staff offices. These amenities will not impact the overall assessment budget as they were originally included, albeit at different sites. EOC hardening is incorporated into a grant proposal ($280,000) through the Department of Community Affairs, Hazard Mitigation Grant. Some concerns have been brought forth from the Quail Run development concerning the placement of the Fire Station at the VVoolbright site. I met with representatives of their Board of Directors on May 7, 2003, heard their concerns and expressed interest in working with their community, and any other affected communities, to alleviate or resolve their concerns. Supportinq Information Focusing on a reduction in response times, the main goal of the assessment process, an evaluation was done identifying specific call data within the City as well as within the SE quadrant of the city. While this new location moves Station #2 one-half (1/2) mile to the NW of the current site, it moves it closer to a significant number of historic calls for service (i.e. closer to 2,476 fire-related calls, but further away from 450 fire-related calls). More specific to the SW quadrant, according to 2002 response data, the Woolbright Road location is nearer to 458 fire related calls as opposed to 251 fire-related calls at the current location. This location also provides more direct access to Interstate 95 (443 calls in 2002) and into the SE quadrant for backup. Based on time studies, response to the southern areas of the SW quadrant will be impacted by 30-45 seconds but will stay well within a four-minute response time. The Woolbright Road location also closes a gap that has existed between Station 3 (North Congress Avenue) and Station 2 (South Congress Avenue) regarding coverage of the Boynton Beach Mall, a major target hazard, in accordance with Insurance Services Office (ISO) criteria. Traffic light pre-emption, the fourth phase of the assessment process, will complement this process and serve to decrease response times citywide after the four-quadrant fire station concept is implemented. Any potential cost savings realized by refurbishing Fire Station #2 needs to be balanced with consideration to the cost of providing temporary quarters and facilities. Temporary facilities are estimated at $225,000 for eighteen (18) months with site rental estimated at $25,000. Given that there are limited practical site locations for a temporary station within the current response zone, it may be necessary to provide a temporary site within the SE quadrant of the city East of 1-95 (this situation will be exacerbated if the temporary site is East of the railroad tracks). Doing so will cause significant and unacceptable response time delays and back-up to the SW quadrant for a period of up to eighteen (18) months while the current Station #2 is being renovated. If the new site is selected, our firefighters will simply remain in the current Station #2 until the new Station #2 is completed. The site of the current Station #2 can then be considered for another use or sold (the property has been appraised at $175,000). Construction costs are calculated at $168.00 per square foot. Comparison Current Site New Site Construction Costs (sq. ft.) $168.00 $168.00 Land Cost 0 0 Temporary Costs $250.000 (est.) 0 Building Size 7,500 sq. ft 17,000 sq. ft. Number of Apparatus Bays 2 or 3 maximum 3 or 4 maximum Living Facilities 6 personnel 7-10 personnel Community Room No Yes Emergency operating Center No Yes Funding Funding for a larger station was included in the original assessment plan as addressed in a report from the City Manager to all Commission members on September 23, 2001. In this report, Fire Department capital needs were listed at $9,788,325 with the following breakdown: Fire Station #.4 (SE quadrant) $2,651,725 Fire Station #2 Rehab (SW quadrant) $1,125,400 Fire Station #1 Relocate (NE quadrant) $5,234,400 Traffic Signal Pre-emption $ 7761800 TOTAL $9,788,325 According to the report "The cost at Station #1 includes the provision for administrative offices, Fire Prevention Bureau and Training. Depending on the land availability, the administrative, Fire Prevention Bureau and training functions can be located at either Station fl4 or Station #1. It is recommended that each station also have a training room for community functions. Such a meeting facility would be larger at the headquarters station. ' Obviously, a larger Station #2 was not a consideration at this time. However, with regard to funding, transferring the funds previously associated with an expanded Fire Station #1 to the enhanced Station #2 project allows for the same objectives to be met at essentially the same cost. Therefore, no additional funds are requested. The total cost for the Station #2 Fire Station is projected at $4,423,708. Options 1. Renovate Existing Fire Station #2 at current site. 2. Build new Fire Station #2 at new site. Fire Rescue Department Recommendation While renovating the existing Fire Station #2 is certainly an option, the intent of the assessment process was two-fold. One, to reduce response times, and two, to develop a fire service delivery plan that corrects past neglect and one which will meet service demands for the next 15-20 years. In a community that anticipates significant population growth within an already defined area, the key to providing and expanding services consistent with growth lies in the ability to adapt existing fire stations as opposed to building additional stations in the future. The 3.21 acres that comprise the Woolbright site provides a unique opportunity, given limited available land, to plan for the future and to build a station that can accommodate additional fire rescue companies as needed to keep up with the growth. This will not be possible if the station remains at the current site. This is possibly a last- chance opportunity to provide a fire facility that includes much-needed office space and a hardened Emergency Operating Center / Community Room. The Fire Rescue staff recommends building a new station on the new site located on West Woolbright Road. Respectfully submitted, William L. Bingham Fire Chief Attachments: Location Map CIP Identification/Justification Form ,Location Map PCD ~1) 0 4~ Feet -CITY OF BOYNTON :BEACH CAPITAL IMPROVEMENT8 PROGRAM IDENTIFICATION/JUSTIFICATION FORM DEPARTMENT: Fire Rescue DIVISION: CONTACT PERSON: Wm. Bingham PROJECT NAME: Relocating of Fire Station No. 2 LOCATION OF PROJECT: Woolbd~ht 1/2 RIEF NARRATIVE DEscRIBING OVERALL PURPOSE, AREA, MAJOR ACTIVITIES, UNIQUE FEATURES, AND CURRENT STATUS. This project involves the relocating of fire station No. 2 located on S. Congress and Golf road. This station was originally built in 1972 and served the sole western city limits until 1990 when fire station No. 3 was built. The station is situated on 1/2 acre of land within 20 feet of a residential complex. The station was built prior to any dual gender or ADA considerations. Access into and out the station is extremely limited given the limited size of the land parcel. This limited land parcel also prohibits the parking of any reserve apparatus as well as parkin~ for our firefighters. Given the extreme limitations of the current available land for any expansion of this facility, it would be necessary to build a second story on the existing building. An additional component of this station is the construction bfa second floor that will house Fire A~ministration staff. Currently the fire ac~ninistration offices are extremely over crowed with several staff personnel having their offices in busy conference rooms or file rooms. The moving of Fire Administration will free up approximately 3500 sq. ft. of needed office space at City Hall. The modular design of this second story addition will allow it's placement on any on of the new fire station designs, however, this station 2 location provides adequate parking and close proximity to the city's new EOC. Given the additional issues related to parking, storage, fire apparatus access into and out of the station, access to major thoroughfares, and personnel being housed in temporary guarters, it is operational prudent to move this existing station to a more appropriate fire station location that will provide the following enhancements and benefits: Inclusion of a new hardened and dedicated city EOC, construction of a new community room and training facility, placement of a more strauegioally located fire facility (more centrally located in fire response zone 2~, direct access to 1-95 and adjacent fire Zones, closer proximity to ISO response coverage for the Boynton Beech Mall, cost savings on not having to temporarily house the displaced fire personnel and equipment, and potential revenue from the sale of the olo fire station property (appraised value of $175,000). RELATION OF PROJECT TO ONE OR MORE OF THE CITY'S SEVEN EMPHASIS AREAS: (CHECK X) [--] CITY GOVERNMENT [--~ EDUCATION/YOUTH INVOLVEMENT [~ COMMERCIAL REVITALIZATION ~ NEIGHBORHOOD REVITALIZATION ~ ECONOMIC DEVELOPMENT ~ PUBLIC SAFETY/CRIME PREVENTION ~ QUALITY OF LIFE/IMAGE AND CHARACTER DESCRIBE: The relocating of chis critical public safety facility would enhance would enhance the quality of life through our ability to decrease emergency response tames whale providing for an increased level of semite for e~ergency disaster operations, fare training, and availability of an adc~Ltlonal community room for public use. Thas decrease in emergency response ti~es would be citywide since relocating this facility would place it in a more centrally loc. scion site with more divot access to adjacent fire zones for back-u~ responses. Reloca=ing would also improve the quality of life for those residents who's ho~es are ~adiately adjacent to the current fire sca:ion (within 30 feet}. A new, contemporary facility would dlreccly ~pacc neighborhood revitalization and Increase public safety by ~oCh its presence An the area and in the reduction of response t~mes. An adck~tional benefit Co the community will be the development of this site to include additional ~ecrea~ioflal facilities (i.e. haar~ track). PAST YEARS SUBSEQUENT Proposed Budget YEARS Project ltem ,01 02 03 2003-04 04 05 06 07 02 03 04 O N D J F M A M J J A S 05 05 07 08 Proiect Feasibility Study Prelimina~ Design Environmental Impact Statement Final Design Prope~ Acqui~on I Bid Specification Preparatio~ Bid & Award of Contract Project Construction I ANNUAL INCREASEJDECREASE: DIRECT EXPENSES: INDIRECT EXPENSES: ANNUAL REVENUES: PERSONNEL $ EQUIPMENT $ SUPPLIES $ TOTAL REVENUES $ 2500 OTHER $ 50.000 $ Land __ OTHER $ TOTAL EXPENSES $ 50.000 TOTAL $ 50.000 TOTAL $ DEPARTMENT PROJECT NO. CIP PROJ. # 5ROJ. NAME: Fire IClP PROJ. NO. $CHED~_~ A Provide detail to support costs stx~vn in Potential Annual Impact to Operating Bud~,e~ o..~..~: Outm' - T'n~ r~cumng expe~m will be gen~tecl Ncon(ta~ to ~e ~nc~'~ase in size of ~e facility ova' Ute Org~mat stal~O~l 2 ~Jil~ing as w~l as Ute ~nc~us~on of a new communit~ room/Uaining mom/EOC. Water. elec~c, rnmntanence, janitortal, repair and replacement will all co~utl~uta to an ~ncmaas ~n yas~ly ooemang exDensas This amount alsO takes into consto~'a~on Ute o~o~ of Ute C~ty's ~ O~io~s C~ter. Reveflue will be ge~etauid ~ ~ cttal'gl(I for uN of ~ com~lunity ~ Dy c~ltz~f~ g~oups ALL YEARS Des~n Plannin~ $ 314,160 Architectural & Enginee~ng AC~luiNtiorl Cost $ Site pre~ 75,OOO Building ($168/~1. ft ~1~ 17000 s~31 $ 2.856,000 Driveways ~dewalks $ 50,000 Hydraulic/Air System 110.000 Initial Set-Up Colts Equil3ment $ 190,000 Furnishings $ 120.000 Other. (Spec~y) Contingency $ 159,048 Phone and data $ 25,000 Traffic $iRnalizatio~ 200,000 Wireless data link 14.500 GRAND TOTAL $ 4r423,708 _ · ..... ~K~JR_~'E__e OF PIL~t__~ECl' FUNDING (~r~-Ci~iC IDEal.-libra FUND~JG) PROJECT FUNDING Prior Year's (by Fund) 99-02 03-04 04-05 05-06 06-07 07-08 Total S -pe~--=_! Fire A_~_~e__~_~ment fun(ts IX. - CITY MANAGER'S REPORT CITY OF BOYNTON BEAC fi.EM C AGENDA ITEM REQUEST FOot,vi 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 m to City Clerk's Office [] April 1, 2003 March 17, 2003 (Noon.) [] June3, 2003 May 19, 2003 (Noon) [] April 15. 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6~ 2003 April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing on [] Code Compliance/Legal Settlements [] Unf'mished Business co RECOMMENDATION: Discussion of offer to Florida Inland Navigation District (FIND) for purchase of 5.57 Acres Parcel of leased property called Jaycee Park (South Federal Highway between Seagate and Colonial Club). Suggest offer of $2.2M as noted below. EXPLANATION: In 2002, the City was advised by FIND of the necessity to sell the subject property. The City notified FIND of potential interest in the use of the property for open space purposes. A previous staff proposal to include a fire station on the property, was opposed by the surrounding properly owners and was not supported by the City Commission. The current proposal is for open-space and recreational uses. The City Commission has informally advised staffthat construction of boat ramp facilities at this property is not desirable or appropriate. Official confirmation of this position by the Commission is requested. PROGRAM IMPACT: The purchase of the property and preservation of the parcel will retain open space along the Intracoastal Waterway for public use. FISCAL IMPACT: Current appraised value for the property per FIND is between $3.6M and $4.2M based on appraisals provided by FIND to the City earlier this year. Staff believes that an offer less than the $3.6 M is appropriate, especially if the property is to be kept as open space and a conveyance from FIND could include a covenant or other type clause if the property is used for development. Therefore, staff recommends an offer or $2.2M. This is the amount originally proposed by FIND in August 2002. Funding for the project is proposed as follows: City: $2,200,000 from Utility Reserves to be refunded when the Commission authorizes the Capital Improvement Project List for the City (currently being finalized). Of this amount, $1,000,0000 would be reimbursed from Palm Beach County open-space and recreation bond issue approved by the voters in November 2002. The estimated annual O&M for the property is: $20,000 ALTERNATIVES: Notify FIND and the County that the City is not interested in pursuing the purchase of the property. FIND would be free to sell the property to another public or private entity. If sold to a private entity, it is likely the property4~/_,14~~~would be developed as a mixed-use project. ,4~/ ) ~~ ~ -l~partment Head'~ Signature C~ty Manager s Stgnature S:\BULLETIN\FORMS~AGENDA ITEM REQUEST FORMDOC FLORIDA INLAND NAVIGATION DISTRICT August 19, 2002 Mr. Kurt Bressner, City Manager City of Boynton Beach P.O. Box 310 I Boynton Beach, FL 33425-0310 ]Cl~ S OFFICE CA~.~.N C VO~ Dear Mr. Bressner. CHAIR MIAMI.OAD~ COUNI'¥ C..R~,. F,U~.~. ~: Su~l~ L~ for Relation ~or Conse~afion in Palm Beach V~E~HAIR ~ cou~ Coun~ ~URER v=u=~c=~ A~ched is Dis~ct R¢solu~oa No. 2002-02 ~.~o prope~ wi~ Palm Beach Co~ ~1~ =d ~CR~A~ ~.co~.~ s.374.98~6)(g), FS. mqui~ ~t ~s ~pe~ be offend to your agency = · ~,.~= for public outdoor ~c~afion or co=e~afion p~oses. I ~ve amched a BR~AR~ COU~ location map, legal des~pfio~ =d site ~p of ~e prope~. ~ R JONE$, J~ ~w~co~.~ prope~ is offend for pu~e at o~ ~ted f~r manet value of ' su~.~.~.a~ $2,200,000.00. ~e ac~ s~e v~ue ~11 be ~mblished by ~o fair 8ROWARO COU~ m~ket value prope~ app~sals made by ~ a~isem selected by K~N~ F. HOGAN ,.o,...~, cou~ Dis~ct. ST. JOHNS COUN~ ~e Dis~ct hopes ~at ~e Ci~ c~ p~ch~e ~s ~ope~ for dual ~N G. ~.~uc,~cou.~ a public p~ ~d for a fire station. We look fo~d to wor~ng wi~ ao.. o. ~oo~ you ~d yo~ s~ff concerning ~s p~c~e. Plebe contact me should ~ 8~CH COU~ you have ~y ~esfio~ conc~i~g ~s ~Rer or if your agency is interested in purch~ing t~s pmpe~. ~I~T ~E OIR~R Executive Di~tor AOMINISTRATIVE OFFICE ON THE INTRACOA~TAL WATERWAY IN PALM 8EACH COUNTY 1314 MARClNSKI ROAD, JUPITER, FLORIOA33477.~4~ I'E~.PHONE 561-627-3388 FAX NO. 561-624-6480 www.aicw, org IX. - CITY MANAGER'S REPORT CITY OF BOYNTON BEAC ITEM D 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 [] April 1, 2003 March 17, 2003 (Noon.) [] June 3. 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May6,2003 April 14,2003(Noon) [] July 1,2003 June 16,2003(Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) .~-- [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Discussion of Ordinance 01-30 Fee-in lieu Parking Ordinance for CBD Area an referral to CRA for possible amendment to Land Development Regulations. EXPLANATION: At the recent City Commission/CRA Workshop, the topic of the "fee in lieu" ordinance was discussed briefly. The consensus of the discussion was for staffto bring this item back to the City Commission for re-review. Staff is recommending that the fee structure in the ordinance be modified based on the assumption with the new development profile that additional parking spaces are more likely to be in a parking structure than an open lot: Fee until October 1, 2003: $ 7,500/space Fee until October 1,2004: $10,000/space Fee until October l, 2005: $14,000/space Fee until October 1, 2006: $15,000/space The CRA may, as part ora financial incentive program for a developer, underwrite all or part of these fees. PROGRAM IMPACT: The ordinance adopted by the Commission differed from the staff recommendation in 2001. The current fee is $1,000 per space until September 30, 2003. After that date, the fee would rise to $2,000/space and increments of $1,000 a year to a cap of $7,000/space after October l, 2008. The staff recommendation in 2001 was as follows: Year One $ 0; Year Two $3,000 Year Three $5,000 Year Four $7,000 Year Five $10,000 Year Six + $10,000 FISCAL IMPACT: The current construction cost of surface parking is about $2,500/space. In a surface parking lot with lighting, the construction cost is about $3,000/space. The construction cost of a parking space in a parking deck is about $12,000-$15,000. These are estimates exclusive of land cost and annual O&M costs. Annual O&M costs for a surface space is about $100/space that includes pavement maintenance, landscaping irrigation and lighting costs. Annual O&M costs for a space in a parking deck is about $50/space. With a manned controlled access system in place, the annual O&M costs are about $100/space in a parking deck. The revenues from the parking system serve to offset the annual O&M costs and should provide a repair and replacement reserve. Please note that these estimates of cost are based on advice of the City's engineering department and personal experience with surface parking lots. A parking consultant should be engaged to verify these costs. S:\BULLETIN\FORMSXAGENDA ITEM REQUEST FORM. DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ALTERNATIVES: 1. Leave the fee structure as contained in the current ordinance. 2. Leave the fee structure as contained in the current ordinance, engage services ora parking consultant to review CBD parking program in the CBD and surrounding area. This project is not budgeted, however and is estimated to cost $20,000. 3. Refer the ordinance changes as proposed to the CRA, engage services of a parking consultant to review CB D parking program in the CBD and surrounding area. This project is not budgeted, however and is estimated to cost $20,000. Attachments to Agenda Item include: 1. Original Staff report dated June 11, 2001 2. Ordinance 01-30 Adopted July 17, 2001 3. Minutes of June 19, 2001 City Commission meeting (review of CRA Recommendation of Ordinance) 4. Minutes of July 2, 2001 City Commission Meeting (first read of Ordinance) 5. Map of CBD area. Department Head's Signature City Manager's Signature Department Name City Attorney / Finance / Human Resources S:\BULLETiN\FORMSX, AGENDA ITEM REQUEST FORM.DOC MEMORANDUM To: Kurt Bressner, City Manager From: Quintus Greene, Development Director Date: June 11, 2001 Re: Fee in lieu Parking Ordinance Please be advised that at its workshop on Saturday June 9, 2001 the Board of the Community Redevelopment Agency reviewed the proposed Fee in Lieu Parking Ordinance. Pursuant to this review it was the consensus of the board that the rate structure and its application needed to be formally discussed at its meeting on Tuesday, June 12. Among the areas the board generally agreed to needed further exploration was whether or not the fee in lieu principle should apply to all parking spaces or simply to a portion of the spaces a particular use was otherwise required to provide. In addition the board members were in general agreement that the rate structure in the proposed ordinance needed to be revised. This revised fee structure would provide for $ 0 fee the first year, $3,000 the second year, $5,000 the third year, $7,000 the fourth year, and top out at $10,000 in the fifth year. OROI A CE m- 30 I ....... AN ORO~ANCE OF T~ CI~ CO~SSION Og [ ' ~ CI~ OF BORON BEACH' ~O~A ~~G T~ L~ DE~LOP~NT ~ULATIONS, C~ER 2. "ZO~G', SECTION 6. E.7.g. "PAT~~ ~ L~U OF P~G' ~ sEC~ON 11. I. "LOCATION OF O~"ST~ET P~G SPACES", TO ~~ T~: "PA~~ ~ L~U OF~.P~G' PROG~ ~R ~ CE~~ Bus~ss~ois~ ZO~NG O~CT ~ ~.TO ~LOW A "PA~~ ~ L~U~'OF P~G' PROG~ FOR'~E~ A~N~ E~~~:G ~ST ~OM .,~ C~~ ~VS~S Om~C~ ~o paO $ gOR Co ZC S, COV A OS ' ~ ~ EF~CT~.DATE- WHEREAS, the. City's Land Development RegulatiOns establish zoning districts within the City and among other things, regulations designed to lessen congestion in the streets and facilitate the adequate provision of Parking spaces; and WI-IEREAS, Chapter 2. "Zoning", Section 6.E.7.g. provides for the establishment of a payment in lieu of parking option for developments within the Central Business District and the city now desires to establish a formula for determining a specific fee when a property cannot effectively, 'efficiently, or economically provide for all onsite parking uirements; and WHEREAS, the City Attorney has recommended adoption of a payment in lieu of payment schedule by Ordinance rather than by Resolution; and WHEREAS, it is anticipated that future development within downtown Boynton Beach will increase the demand upon an already limited supply of on-and off-street public resources which serves the downtown area; and WHEREAS, the City Commission heretofore authorized a Shared Parking Study for he downtown, which contained recommendations for the revision to applicable parking requirements including the establishment of a payment in lieu of parking option; and WI:fE~, compliance with the City of Boynton Beach parking space and lot regulations may not. be feasible for older properties and therefore discourage desirable development and redevelopment of underutilized properties in the downtown area; NOW Tm~REFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOSTON BEACH, FLORIDA, THAT: Section 1. Thc foregoing whereas clauses are mae and correct and are now ratified and confirmed by the City Commission. Section 2. Chapter 2. "Zoning" of the Land Development RegulatiOns, subsection 6. E.7.g. (1) is hereby amended to read as follows: (1) When the community redevelOpment agency finds that the ,erty owner seeking an expansion cannot effectively, efficiently, or economically provide ~or tke.......-..-~.~'~"4~-"~ ...."- ~.~;~ parking required for the expansion, the community redevelopment agency may recommend to the CiW Commissionaeeept a payment in lieu of parking. The shall be based on a formula ~"*"*'~:~'~'~ by ..... ,.ur l"--J ,-,,-- a .......... t-t, ..... as set forth in subsectiOn 11. L (4) of this Chapter. In approving or disapproving any payment in lieu of parking the City Commission shall use the ._~qme criteria used by the CommuniW Redevelopment agency as ~tated herein above. 2 Section 3. Chapter 2. "Zoning" of the Land Development Regulations, subsection 11. H. 16. is hereby amended to read as follows: 16. Except as provided for in Subsection I. (4) below, there shall be provided, at the time of erection of any structure... Section 4. Chapter 2. "Zoning" of the Land Development Regulations, Section 11. I. is amended to create a new subsection (4) to read· as follows: (4) The payment in lieu of l:}arking, option is applicable within the Central ;: Bu_si~ness District ~ereinat'rer CBD) or' subsequent zoning districts established tq ~:+ supplement or replace the CBD, and properties, _and property assembled with ;~ properties as one site, that front on that se,,o:ment of Ocean Avenue extending west frOm the CBD to Seacrest Boulevard. " A. Within this area at the time of any building constructiorh · i expansion or modification that creates additional floor area, or except Where ,i otherwise allowed in subsection C. off-street parking spaces shall be Provided ~.- as required by Chapter g. "Zoning" Section 11. H. and Section. 6. E. i B. The area measured for purposes of this subsection shall only ,~ include the floor area designed primarily for public use, and excluded floor area for bathrooms, service and food preparation staff, outdoor waitin~ areas, : space limited to storage, and areas uninhabitable due to building code requirom_ ~kq or other limitations. C, Minor building expansions equal to or less than two Parking spaces shall be excluded from the requirements described in subsection A. above, and for minor improvements that exceed the two-space limit but less than 5% of the total area of existing improv~ents, only the increase in bui_!ding area shall be subject to the parking space requirements of subsection · A. above and subsection E. below,. 3 D. Existing parking spaces shall not be eliminated if elimination would result in fewer aces bein rovided for the existin or new floor area than required pursuant to subsection A. above. The parking requirement set forth in thi,q subsection may be satisfied in whOle or part by the payment of a nonrefundable parking improvement fee in lieu of the. provision of all, or a. portiOn of the required off-sWeet parking spaces, parking improvement: fees shall be assessed as follows: $0 per space Up to September 30, 2002_ $1,000 per space between October 1,2002 and September 30, 2003 $2,000 per space between October 1, 2003 _and September 30, 2004 $3,000 per space between October 1, 2004 and September 30, 200.~ $4,000 per space between October 1, 2005 and September 30, 200~ $5,000 per space between October 1, 2006 and September 30. 200/ $6,000 per space between October 1, 2007 and September 30, 200u. $7,000 per space after October 1, 2008 The parking i~;~provement fee shall be due and payable in full at the time that the first building permit is issued for' the construction, expansion, or modific_a_fion th_at creates the need for ~arkin~ spaces or for additional parking spaces, and in no event later than the time a certificate of occupancy or occupational license is issued for the building or use subject to this Section, parking i,~provement fees shall be paid into the City of Boynton Beach parking Trust Fund, and are subject to use by the City_ for parking related improvements in the _~eo~al~hic area to which subsection (4) al~plies.. Section 5. All ordinances and resolutiOns of the City of Boynton Beach in conflict with any provisions of tiffs ordinance are hereby repealed. Section 6. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 7, Authority is hereby given to codify this. Ordinance Section 8. This Ordinance shall become effective immediately. READING this Iq day of June, 2001. FllqAL READING AND PASSAGE this ~ day of July, 2001. Vice · ..; _Comn~,'ssioner / Commissioner Clerk LAP:is/Imf H:\i 990k000182 .BB~ORD~Fee in lieu.doc 5 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 19, 2001 Motion Commissioner Ferguson moved to approve Proposed Ordinance 01-29. Commissioner Fisher seconded the. motion. City Clerk Prainito polled the vote. The vote :was 5-0. 4. Proposed Ordinance No. 01-30 Re: Initiating Fee-In-Lieu- Of Parking Regulations Attomey Cherof read proposed Ordinance No. 01-30 by trde only. Commissioner Ferguson asked to amend the Ordinance, Section 4. E, which had a timetable. He wanted the fee to be "0" up through September 30, 2002 and have each level changed to September 30 since that was the end of the fiscal year, making it easier at budget time. Vice Mayor Weiland thought fee-in-lieu was a good idea and pointed out that several businesses in the Ocean Avenue area could benefit from such a program. Motion Vice Mayor Weiland made a motion to table the issue while the CRA looked at it before sending it to the Commission. The motion failed for lack of a second. Quintus Greene, Development Director, said that the CRA had considered this topic at length in its recent workshop and at its regular formal meeting on June 12. CommissiOner Ferguson attended the meeting and said there had been varying opinions on the dollar amounts and length of time for the matrix. Commissioner Fisher was in favor of extending it to September but thought that the '0' should be extended to September 30, 2003 to serve as a greater incentive for development of the area. Mayor Broening was in favor of an interval of time and not specific dates and asked for the reason behind the dates. Mr. Greene said that developers did not like uncertainty and the earlier you got in the less you would pay. CommiSsioner Fisher wanted to increase the amOunts from the third year onward to serve as additional encouragement to act early. He was in favor of starting the 3"~ year with $2,000. Vice Mayor Weiland stated that the City already had a lot of incentives, including the recent 50% reduction in parking requirements. He believed that the fee-in-lieu should be the last option after exhausting the other alternatives. He also believed that further discussion was warranted and that the item should be tabled so the Commissioners could study the proposal. Commissioner McCray was a~ the CRA meeting and thought they had done an excellent job of analyzing the issue; he was in +favor of the Ordinance to inclUde the fiscal year change. Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 01-30, changing Section 4.E to .reflect September 30, 2002 for the first grid and keep the dollars the same. Each line on the grid would reflect the date change of September 30 to be in line with the fiscal year. Commissioner McCray seconded the mOtion. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 19, 2001 Commissioner Fisher repeated his request to extend the "0' for two years. Mr. Bressner said it could be evaluated in six months and changed if the Commission deemed it necessary. City Clerk Prainit° polled the vote. The vote was 4-1, Vice Mayor We#and dissenting. 6. Proposed Ordinance No. 01-31 Re: Economic Incentives - for Community. Redevelopment Area Attorney Cherof read Proposed Ordinance No. 01-31 by title only. Motion Commissioner Fisher moved to approved Proposed Ordinance No. 01-31. Commissioner McCray seconded'the motion. City Clerk Prainito polled the vote. The vote was 5-0. 7. Proposed Ordinance No. 01-32 Re: Economic Incentives for Development in PID Attorney Cherof read Proposed Ordinance No. 01-32 by title only. Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 01-32. Commissioner Fisher seconded the motion. Mr. Bressner noted that Quantum Park had requested an opportunity to review this Ordinance in more detail but that the Commissioners could opt to go ahead with the motion and discuss any amendments before second reading. City Clerk Prainito polled the vote. The vote was 5-0. C. Resolutions: None D. Other:. None XlI. UNFINISHED BUSINESS: None XlII. OTHER: A. Informational Items by members of the City Commission None · MeeUng Minutes Regular City CommissiOn Bovnton Beach, Flori~ July 3, 200:[ Vice MaYOr Weiland stated that he will vote "nay" on this, hoping to be on the prevailing side because he wants to have the City election in November but. prefers to have the Commission terms shortened six months rather than extended six'months. ]:f this item is denied tonight, he will ask that it be put on a future agenda, and have the terms shortened six months rather than extended. City Clerk Prainito polled the Commission. The motion failed 2 to 3 with Mayor Broening, Vice Mayor Weitand and Commissioner Rsher dissenting. 2. Proposed Ordinance No. 01-28 Re: Approving revisions to the Cross-Connection control and Backflow Prevention ordinance, modifying .the types of bacldlow prevention units that are acceptable in certain drcumstances, and requiring increased bacldlow protection in areas served by wastewater reuse systems City Attorney Cherof read Proposed Ordinance No: 01-28 by title only. There was. no one present who wished to speak on this item. MoUon Commissioner Ferguson moved to approve Proposed Ordinance No. 01-28. Motion. was seconded by Commissioner McCray. Oty Oerk Prainito polled the Commission. The vote was unanimous. 3. Pro~ Ordinance No. 01-29 Re: Regulating the use of public rights-Of-way for communications facilities Oty Attorney Cherof read Proposed Ordinance No. 01-29 by title onlY. There was no one present who wished to speak on this item. MoUorl Commissioner Fergusoh moved to approve Ordinance No. 01-29. Vice Mayor Weiland seconded the motion. City Oerk Pratnito polled the Commission. The vote was unanimous. "~~,NO. 01-30 Re::~ ~nitlating. Fee-~n-Ueu- City Attorney Cherof mad .proposed Ordinance No. 01-30 by Utle only. Vice'Mayor Weiland stated that he is in favor of Initiating a fee in lieu of parking regulations. He said that this was brOught, to the Community Redevelopment Agency (CRA) for their review, not for their decision or advice. Vice Mayor Weiland would like to review this ordinance further and postpone this for one month. 14' HeeUng Minutes Regular City Commission Bovnton Beach. Florida July 3, 2001 Commissioner Ferguson would' like to have the CRA review the ordinance and get their recommendations but he thinks this can be amended later and thought the Commission could vote for this ordinance tOnight. Bob Ensler agreed with vice Mayor Weiland. He agrees with the ordinance but disagrc~ with the process. The CRA should have had more dedsion on this ordinance. Quintus Greene,. CRA Director, stated that this ordinance was' brought to the CRA on two different occasions - at the CRA Workshop on Saturday preceding, the CRA meeting and at the CRA meeting the following Tuesday. There was considerable discussion on this item. Vice Mayor Weiland said he spoke to CRA members and they did not:think they had any input~ Motion Vice Mayor Weiland made a motion to table this item to the first meeting in August in order to give the CRA time to look into this and advise the Commission of different ways to implement this plan. Motion died for lack of a second. Mayor Broening said he read the minutes of both CRA meetings and got no indication that there was a lack of due process. City Manager 13ressner said. the concept has been embraced by the CRA and the only question was the period of implementation. Mr. Greene stated that the implementation and amounts charged, were the only items questioned. The concept was approved by the CRA. Vice Mayor Weiland said this item needs more diSCUssion on numbers and the time frame. Mayor Broening reminded the Commission that at the last City Commission meeting, they had reached a consensus on this and he was in favor of moving forward. MoUon Commissioner Ferguson moVed to approve Ordinance No. 01-30. Commissioner Fisher seconded the motion. City Clerk Prainito polled the Commission. The vote was unanimous. 5. Proposed Ordinance No. O~.-3:[ Re: Economic :Incentive for CRA City Attorney Cherof read Proposed Ordinance No. 01-31 by title only. There was no one present who wished to speak on this item. Motion, C:ommissioner. Rsher moved to approve Ordinance No. O:t-3~-. Commissioner Ferguson seconded the motion. City Clerk Prainito polled the Commission. The vote was unanimous. 15 . Central Business District Central Business Distdct 0.2 0.4 Miles I Date: May 13, - CITY HANAGER'S REPORT CITY OF BOYNTON BEAC fret4 E 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 [] April 1, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July l, 2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Heanng [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Discussion of Marina Development Agreement per developer's request for dissolution ..~.the Second Revised Development Agreement. EXPLANATION: The developer of the Marina project has requested that the City Commission consider rescindin6'the Marina development agreement. The agreement is the "Third Revised Development Agreement" which provided a time extension to the "Second Revised Development Agreement," dated June 6, 2000. I am attaching the Second Revised Agreement as (Exhibit A) since it contains the substance of the agreement between the developer and the City. The request for release of the Agreement is contained in a letter from legal counsel for the developer dated April 9, 2003. (Exhibit B) In addition, the City has received a letter from legal counsel for Two George's Restaurant opposing the release of the Development Agreement at this time. (Exhibit C) The original development agreement, as amended called for 207 public parking spaces. Of these, 59 spaces were to be provided on Casa Loma, leaving 148 unrestricted parking spaces elsewhere on the Marina development property. Per the 1999 Amended Mediation Agreement, Two George's Restaurant was to provide off-site permanent parking for employees and to meet the parking requirement for the additional floor area of the restaurant provided in 2002. (Exhibit D.) Per the latest site plan approved by the CRA/City Commission, the following parking is provided on the site plan: Regular on grade surface parking: 15 Spaces Handicapped on grade surface: 4 Spaces Regular Parking Spaces in Deck 725 Spaces (includes parking for condos and commercial uses) Handicapped Parking in Deck 15 Spaces Townhouse Parking 22 Spaces (not approved yet) 781 Spaces In addition, there are 24 on grade surface parking spaces plus 2 on grade handicapped spaces on the south side of Marina Drive/Casa Loma. These are "public access" spaces· PROGRAM IMPACT: None direct· However, there is a perceived lack of public access to the site because unrestricted public parking is not part of the approved site plan, to date. S:~BULLET1N~FORMSLa, GENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMPACT: Not known at this time but it should be noted that release of the Agreement will extinguish the City's security interest in the property which was created to secure the value of the incentives the City provided to the developers. ALTERNATIVES: 1. Dissolve the Development Agreement per the request of the Marina Developer. ~.~Raefer the issue of parking matters and property owner association matters to staff for further mediation between the City, developer and business interests. The staff has conducted one meeting of the participants on May 13th. Department Head's Signature Department Name City Attorney / Finance / Human Resources S:\BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC SECOND REVISED DEVELOPMENT AGREEMENT ~;'~,~,"¥ ¢~r THIS AGREEMENT entered into as of the 6t~ day of June, 2000, between the CITY OF BOYNTON BEACH, FLORIDA (hereinafter "CITY") and OCEAN BREEZE FESTIVAL PARK, INC., a Virginia corporation, (hereinafter "DEVELOPER"). WHEREAS, DEVELOPER owns 6.93 acres of property, more particularly described by the legal description attached hereto as Exhibit "A", located in the City's Community Redevelopment Area and the Central Business District, which Developer desires to develop as a unified mixed use project (hereinafter "PROJECT"); and WHEREAS, the DEVELOPER has heretofore entered into a Development Agreement, dated ,J~.dy 1, 1997; and WHEREAS, the July 1, 1997, Development Agreement was amended by a First Amendment to Development Agreement, dated October 5, 1998, and a Revised Development Agreement was entered into dated October 13, 1999 (the "Previous Agreement"); and WHEREAS, the First Amendment to Development Agreement provided for phasing of the project; and WHEREAS, the Developer has submitte¢ a conditional use site plan application consolidating Phase One and Phase Two of the projec',; and WHEREAS, one of the conditions of approval adopted by the City Commission on February 16, 1999, was the consolidation of Conditions of Approval for Phase One and Phase Two with the terms and conditions of the Development Agreement and the First Amendment to the Development Agreement; and This instrument prepared by: ~.a~.es %. Cherof,_City Attorney ~i~y of Boynton ~eacn 100 East Boynton Beach Blvd. Version 10.0 Boynton Beach, FL 33435 6/6/00 WHEREAS, the Developer seeks reasonable assurance from the City and the City desires to provide reasonable assurance to the Developer that if Developer acts in accordance with this Revised Development Agreement that Developer shall receive necessary development permits and establish entitlement to incentives approved by the City; and WHEREAS, the CITY and the DEVELOPER have negotiated for a package of economic incentives in accordance with the provisions of CITY Ordinance 96-46 which authorizes economic incentives to eligible businesses located in the community redevelopment area for qualified projects; and NOW THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows: 1. RECITALS. A. The foregoing recitals are true and correct and they are incorporated into this Agreement by this reference. B. DEVELOPER and CITY represent to each other that the foregoing recitals are material in nature and are relied upon by each other for the purposes of entering into this Agreement. C. Each party has fully investigated the facts which underlie the representations. Each party represents to the other that it will fully cooperate with the other to implement the terms and conditions of this Agreement. 2. COLLATERAL DOCUMENTS. A. The following exhibits are collateral documents to this Agreement and are hereby deemed part of this Agreement: 2 Version 10.0 6/6/00 Exhibit A- Legal Description, Project (unchanged, See Exhibit A to Previous Agreement). Exhibit B- Conditional Use Site Plan - dated 12.07.98 with revisions through Revision 6, dated 8/10/00. Exhibit C- Legal and Equitable Owners (unchanged, See Exhibit C to Previous Agreement). Exhibit D- Public Facilities (unchanged, See Exhibit D to Previous Agreement). Exhibit E- Reservations and Dedications (unchanged, See Exhibit E to Previous Agreement). Exhibit F - Intentionally left blank. Exhibit G - Intentionallyleft blank. Exhibit H- Conditions of Approval (unchanged, See Exhibit H to Previous Agreement). Exhibit I - Intentionally left blank. Exhibit J - Intentionally left blank. Exhibit K - Intentionallyleft blank. Exhibit L- Casa Loma Ovedook Construction and Use Detail (unchanged, See Exhibit L to Previous Agreement). B. In the event of any conflict between the terms and conditions of this Agreement and any of the collateral documents, the terms and conditions as set forth in this Agreement shall control and the collateral document will be conformed to this Agreement to eliminate such conflict. 3 Version lO.O 6/6/00 3. INTENT. A. It is the intent of the DEVELOPER and the CITY that this Revised Development Agreement sets forth all the terms and conditions under which the CITY has approved or agrees to approve the PROJECT as a single unified development and granting incentives sought by DEVELOPER and offered by the CITY. B. The parties agree that this Agreement is not a developer's agreement entered into pursuant to Section 163.3220-163.3243, Florida Statutes. C. This Second Revised Development Agreement supercedes and replaces the Development Agreement, which was recorded in ORB 10899, pages 1772 - 1828 of the Publii; Records of Palm Beach County, Florida, the First Amendment to the Development Agreement which was recorded in ORB 10899, pages 1829 - 1847 of the Public Records of Palm Beach County, Florida, and the Revised Development Agreement, which was recorded in ORB 11449, pages 152-209. 4. COVENANTS RUNNING WITH THE PROPERTY. It is the intent of the parties that the DEVELOPER'S obligations as set forth in this Agreement shall be deemed to be covenants running with the land. 5. LEGAL DESCRIPTION OF PROPERTY. The legal description of the property is as set forth on Exhibit "A". 6. LEGAL AND EQUITABLE OWNERS. DEVELOPER represents that legal title and/or equitable title of the property is currently vested in those individuals, companies, partnerships, limited partnerships, or other entities as set forth on Exhibit "C". 7. EFFECTIVE DATE. This Agreement shall take effect as of June 6, 2000. 8. DURATION. The duration of this Agreement shall run until the earlier of: 4 Version 10.0 6/6/00 (a) completion of all of the improvements depicted on the Site Plan; or (b) DEVELOPER giving written notice to the CITY of abandonment of the SITE PLAN. It is acknowledged that minor modifications of the SITE PLAN or expansions of the PROJECT, approved by the CITY, shall not be deemed an abandonment. 9. DEVELOPMENT USES. A. The following uses have been approved by the City Commission: 1. 29,302 square feet of two-story office/retail floor area. 2. Two public restaurants with a combined area of 12,830 square feet. 3. Fuel sales. 4 38 Marina slips, 2 of which shall be designated for the exclusive use of the City of Boynton Beach for Police/Marine Patrol purposes. 5. A multi-unit residential apartment building of 8 stories or less, not to exceed 100 feet in height and no more than 229 residential units. 6. A parking garage. 7. DEVELOPER shall provide a minimum of 505 parking spaces, 207~ of which must be open and unreserved for public use (Of these 207 spaces, 59 are on Casa Loma Boulevard and N.E. 6"' Street. The City is granting to the Developer the use of these 59 public spaces as credit toward his obligation of 207).' Nothing herein shall prohibit the City from metering or providing time restrictions on those parking spaces located on City right-of-way, or from entering into an Agreement with At the August 3, 1999 City Commission meeting, pursuant to LDR. Chapter. 2 Zoning, D.4.d.(2) the City Commission reduced the required public parking spaces to 207. 5 Version 10.0 6/6/00 DEVELOPER to meter or restrict those public use spaces located on DEVELOPERS' property. B. It is agreed that the issuance of development orders for the site work and permits for construction of the buildings and structures depicted on the SITE PLAN are subject to certain conditions as set forth in this Agreement. DEVELOPER shall complete all Phase I construction improvements depicted on the SITE PLAN (meaning all "backbone infrastructure" as defined in Section 13D of this Agreement, the Marina Improvements, the retail shells, and restaurant #1 shell) on or before January 1, 2002. If DEVELOPER completes the Phase I improvements prior to January 1, 2002, the CITY'S lien (or other means of security) of $770,328.00 shall be reduced to $192,582.00, which shall be held until all improvements depicted on the site plan are completed, less and except certificates of occupancy for the interior of the buildings. Failure to complete the entire Project on or before January 1, 2003, shall result in forfeiture of the incentives granted by the City. If the Developer fails to reimburse the City for incentives within ninety (90) days of notice of default, the City may foreclose the lien or declare default and call the bond or letter of credit, referred to in paragraph 17 N. hereof. C. Prior to and as a condition of issuance of final release of the City's incentives lien (or other security), DEVELOPER shall file with the CITY a revised SITE PLAN, depicting all improvements to the PROPERTY, as built. D. Notwithstanding anything to the contrary contained in this Agreement and only when all code requirements are met: (i) Developer shall be issued Certificates of Occupancy for the docks and fuel pumps upon completion of those improvements provided that the utilities to 6 Version 10.0 6/6/00 service the docks and pumps has been completed and approved and fire/rescue vehicles have access to the dock/fuel pump area, (ii) Developer shall be issued Certificates of Occupancy in the residential structure on a floor by floor basis when those floors have passed all inspections and provided all backbone infrastructure, and the parking garage are complete, and (iii) Separate Certificates of Occupancy shall be issued upon completion of each individual restaurant and retail space, provided the restaurant or space has passed all inspections and all backbone infrastructure is complete. 10. PUBLIC FACILITIES. A description of the public facilities which will service the PROJECT are as set forth on Exhibit "D". Exhibit "D" is not intended to limit or exclude customary municipal services or facilities that the CITY currently provides to projects of this nature. 11. RESERVATIONS AND DEDICATIONS. The DEVELOPER shall grant or convey to the CITY a portion of the property for public purposes. A schedule of reservations and dedications is attached hereto as Exhibit "E". The granting or conveyance of the reservations and dedications referenced herein shall not necessitate the replatting of the property. 12. CASA LOMA BOULEVARD. A. The CITY agrees to abandon Casa Loma Boulevard as a public right of way, and the document reflecting the abandonment shall be held in escrow pending the payment to the DEVELOPER referenced in Paragraph 12E below. The DEVELOPER shall grant to the public the non-exclusive right of ingress and egress over that portion of Casa Loma 7 Version 10.0 6/6/00 Boulevard which it shall own subject to the right to have restaurant tables as shown on Exhibit L. B. The DEVELOPER shall complete those improvements to Casa Loma Boulevard as depicted on the SITE PLAN by May 7, 2001. In addition to the improvements shown on the Site Plan, DEVELOPER shall construct a sea wall along the eastern terminus of the Casa Loma Boulevard right-of-way. All improvements shall thereafter be maintained by DEVELOPER or by a merchants' or property owners' association formed by DEVELOPER for the purpose of insuring continued maintenance of the improvements, or by a Cross-Easement Agreement with the property owner to the South. DEVELOPER'S obligation to maintain the improvements shall survive the duration of this AGREEMENT. C. Failure to maintain the dumpster improvements depicted on the Site Plan shall result in revocation of the occupational license of any business dependent on the dumpsters for waste disposal. No occupational license shall be revoked without the City first providing the owner and occupant of the business with ninety (90) days written notice of deficiency and opportunity to cure. D. In exchange for the improvements to Casa Loma Boulevard, the DEVELOPER shall be entitled to a credit for all parking spaces constructed in the Casa Loma and Orange Avenue rights of way to parking spaces required for the PROJECT by the CITY'S Land Development Regulations. E. DEVELOPER shall improve the eastern most portion of Casa Loma Boulevard as depicted on the SITE PLAN and the Casa Loma Overlook Construction and Use Detail. The Overlook is that portion of Casa Loma east of the cul-de-sac. Within thirty (30) days of DEVELOPER'S engineer certifying to the CITY the design and construction 8 Version 10.0 6/6/00 costs of the Casa Loma Overlook improvements, the CITY shall bill the property owner whose property abuts the southern one-half of Casa Loma Boulevard east of the cul de sac for an amount equal to fifty (50%) percent of the cost of construction of the above-ground improvements depicted on the Casa Loma Overlook Construction and Use Detail, including pavers, landscaping and lighting, plus such owner shall pay $9,129.00 towards the seawall, within thirty (30) days of receipt of a certified engineering estimate, and such amounts shall be paid to DEVELOPER by CITY upon completion of such improvements. This bill must be paid by such owner to DEVELOPER prior to the CITY attorney's release from escrow of the document abandoning Casa Loma Boulevard. The purpose of this procedure is to ensure that DEVELOPER receives reimbursement for expenditures made to improve the Casa Loma Overlook portion of the project, and both DEVELOPER and such property owner must instruct the CITY attorney to release such document. 13. LOCAL DEVELOPMENT PERMITS. A. Construction of the PROJECT is contingent upon the DEVELOPER applying for and obtaining all development and/or construction permits required by the CITY or any other regulatory agency. B. The CITY agrees to process, without unnecessary delay, its permits and applications and cooperate in good faith with DEVELOPER'S efforts to get permits, licenses, and agreements from other regulatory agencies and utility companies. C. The failure of this Agreement to specifically address a particular permit, condition, term, or restriction shall not relieve the DEVELOPER of the necessity of complying with the law governing said permitting requirements, conditions, term or restriction, unless such necessity is negated by waiver by the CITY. 9 Version t 0.0 6/6/00 D. A revised Site Plan was approved by the City Commission as part of conditional use approval consolidating both Phase One and Phase Two. The project is one unified development project. The structures depicted on the Site Plan may be constructed in phases, provided that all infrastructure improvements necessary for the entire project must be completed before the first Certificate of Occupancy is issued, regardless of bonding or other surety except for the docks and fuel pumps which are dealt with in paragraph 9.D.(I). For this purpose, infrastructure shall be limited to potable water, sanitary sewer, drainage, and a second paved access road which is the extension of Boynton Beach Boulevard, the failure to provide shall not hold up any permits or certificates of occupancy pursuant to Paragraph 17. G. 6. 14. COMPREHENSIVE PLAN. The parties agree that the proposed PROJECT is consistent with the CITY's Comprehensive Plan and that no Comprehensive Plan amendment is necessary to effectuate this Agreement. 15. CONTROLLING REGULATIONS. The site development work and construction of buildings and improvements of the PROJECT shall be in accordance with the CITY's Land Development Regulations and applicable building codes. Nothing herein shall be construed as a waiver by the CITY and in favor of the DEVELOPER with respect to any of the conditions set forth in the building codes or relating to the method of construction. 16. CONDITIONS OF DEVELOPMENT. A. The conditions of approval set forth in Exhibit "H" are conditions to the issuance of site preparation and building permits for DEVELOPER'S PROJECT and are necessary for the public health, safety, and welfare of the citizens of the CITY. 10 Version 10.0 6/6/00 The parties acknowledge that a number of the conditions set forth on Exhibit "H" require additions, deletions or modifications to the SITE PLAN. B. Nothing herein shall mandate the passage of such ordinance nor require that any Commissioner be required to vote in favor of such ordinance if he or she determines that such ordinance is not in the best interest of the CITY. C. No waiver of a condition shall be effective until the condition is complied with, waived, or eliminated by Code amendment. Application for the waiver of a condition may be made by DEVELOPER or by the CITY's Administrative staff. The City administrative staff shall maintain a list of conditions, kept current, and notated such that it can be determined whether the condition has been complied with, waived, or eliminated by Code amendment. 17. ECONOMIC INCENTIVES. A. The parties agree that DEVELOPER is an "eligible business" as that term is defined in CITY Ordinance 96-46. B. This Agreement, when signed by DEVELOPER shall constitute an application by the DEVELOPER for the granting of economic incentives in the manner prescribed by Ordinance 96-46. C. The CITY Manager has reviewed the application and has determined that the economic development incentives hereinafter set forth are necessary and appropriate. D. The CITY will appropriate or designate sufficient funds for the CITY to pay the cost of such incentives. E. Approval of this Agreement shall constitute approval by the CITY Commission of the DEVELOPER'S application for economic incentives. 11 Version 10.0 6/6/00 F. The incentives listed below shall be deemed vested with the DEVELOPER, subject only to forfeiture in the event of a default by the DEVELOPER as set forth in this Agreement. G. The following listed incentives are granted by the City. All work preceded by the symbol (*) is work that shall be performed by or under the direction of the City. All additional work not so noted, shall be performed by or under the direction of the Developer. The parties shall coordinate all work listed herein. The parties shall hold a scheduling conference within 90 days of the date of this agreement and thereafter as necessary to facilitate the work. 1. SEWER AND WATER IMPACT FEES AND CONNECTION EXPENSES MAXIMUM VALUE Retail Commercial $13,812 Restaurant $53,781 Marine $27,438 Meters, Deposits and Connection Fees $7,175 Sub-total $102,206 2. OFF-SITE WATER AND SEWER *8 inch water main in Casa Loma $16,148 *Wet taps for connection to existing $6,900 *Water service to property line $8,625 *8 inch gravity sewer in Casa Loma Blvd. $43,125 *Service connections to property line $34,500 *Manholes $11,500 12 Version 10.0 6/6/00 Sub-total $120,798 3. ON-SITE WATER AND SEWER 10-inch water main $13,800 Fire Hydrants $10,350 8-inch water main $3,519 6-inch water main $13,350 *24-inch gravity sewer $139,150 *Manholes $23,000 *Abandon existing sewer in place $5,000 Sub-total $208,169 4. BUILDING FEES $240,000 The CITY shall fund on behalf of DEVELOPER the payment of building permit fees, including impact fees, to the City, the County, and the State, up to a maximum of $240,000.00, for the construction of improvements depicted on the SITE PLAN and within the boundaries of he legal description set forth on Exhibit "A" to this Agreement. 5. INTERIM SERVICE FEE.* $19,655 The CITY shall fund the payment of CITY interim service fees up to a maximum of $19,655.00 otherwise applicable to the PROJECT. *At the time of this Agreement, the City has temporarily suspended collection of Interim Service Fees. 6. BOYNTON BEACH BOULEVARD EXTENSIONS. $75,000 13 Version 10.0 6/6/00 It is the intent of the parties to work jointly to extend Boynton Beach Boulevard eastward from its current point of terminus to the point that it intersects the western most boundary of DEVELOPER'S property. The project to extend Boynton Beach Boulevard has three components: A. Acquisition of the necessary right-of-way, B. Approval of the extension by the Florida Department of Transportation; and C. Construction of the extension. The CITY'S obligations are as follows: 1. To obtain the approval of the Florida Department of Transportation for the extension, 2. To acquire the right-of-way for the Boynton Beach Extension to the west end of DEVELOPERS property. The City shall have eighteen (18) months from the date of the Agreement to obtain title. The CITY shall use, if necessary, its power of eminent domain. The CITY'S monetary obligation to acquire the right-of-way shall not exceed $7'5,000.00. The DEVELOPER'S obligations are as follows: 1. To convey to the CITY 'its interest in property within the right-of-way, 2. To contribute up to $10,000 to the cost of acquisition of the right-of-way; 14 Version 10.0 6/6/0O 3. To construct, at its cost, the right-of-way as shown on the approved site plan. In the event the monetary obligations set forth above are insufficient to fund the acquisition of the right-of-way, the CITY and the DEVELOPER shall have the option, but not the obligation, to fund any shortfall. In the event the CITY or the DEVELOPER does not fund a shortfall, or if the right-of-way cannot otherwise be obtained, such refusal or failure shall not impede the issuance of any permits, CO's or other governmental approvals required by the CITY for the project, and the condition of approval requiring access to the Project from the Boynton Beach Boulevard Extension or a second access shall be deemed withdrawn. 7. ADMINISTRATIVE FEES. $4,500 The CITY shall fund payment of application fees for administrative review for the PROJECT up to a maximum of $4,500.00. TOTAL: 770,328 H. Incentives in the form of fees and connection expenses shall be paid by the CITY directly to the permitting authority, when due. I. Incentives in the form of reimbursement to the DEVELOPER shall be paid to DEVELOPER when DEVELOPER submits a draw ~equest to CITY Manager indicating that the DEVELOPER has expended fund to complete the improvement which is the subject of the incentive. J. The dollar amount indicated for each incentive constructed by the CITY or directly funded by the CITY is "the not to exceed values" fixed by the CITY as the 15 Version 10.0 6/6/00 maximum expenditure approved by the CITY. These incentives shall be paid or credited at actual cost. Incentives in the nature of reimbursement to the DEVELOPER for work performed by the DEVELOPER, as notated above are true values and shall be paid by the CITY without the value being certified or audited. K. The CITY represents and warrants that no further approvals or consents are required and that subject to the conditions of this Agreement the obligation of the CITY to provide the economic incentives is valid and may be relied upon by DEVELOPER. L. The economic incentives hereby approved by the CITY are conditioned upon construction of the PROJECT in accordance with the SITE PLAN, to the extent set forth in this Agreement. M. Nothing herein shall be construed to constitute a waiver of any impact fee, in whole or in part, for purposes of municipal accounting, but to the extent that impact fees constitute incentives under this Agreement, they shall be paid by the CITY on behalf of the DEVELOPER, and not by DEVELOPER. N. DEVELOPER grants to CITY a lien on the property described on Exhibit "A" in an amount equal to the value of all incentives granted by the CITY. Said lien shall not be subordinated to any other encumbrance and shall not be released by the CITY until the entire PROJECT has been issued certificates of occupancy. The DEVELOPER may bond off the City's lien by substituting performance bond, letter of credit, or other means of surety, the form and substance subject to approval by the City Attorney and in the amount of $770,328.00. The CITY'S lien, and its right to foreclose same, shall survive beyond the duration of this Agreement. 16 Version 10.0 6/6/00 18. RECORDING. Upon execution of this revised Development Agreement the CITY will record same in the Public Records of Palm Beach County, Florida. As requested by the DEVELOPER, CITY shall provide recordable estoppel certificates as to the status of this Agreement, DEVELOPER'S rights under this Agreement, and DEVELOPER'S rights to proceed with the PROJECT. 19. DUE DILIGENCE. A. The parties hereto agree and covenant that they shall immediately, following the effective date of this Agreement, commence all reasonable actions necessary to fulfill their obligations hereunder and shall diligently pursue the same throu'ghout the existence of this Agreement. B. In the event either party is deemed by the other not to be proceeding with due diligence, the party alleging such lack of due diligence shall give written notice and the alleged guilty party shall promptly take reasonable corrective action. C. Any time deadlines imposed upon DEVELOPER in this Agreement (including Paragraph 18) shall be subject to reasonable extensions for unexpected reasons or reasons beyond DEVELOPER'S reasonable control such as labor shortages, material shortages, casualty damage, moratorium, unexpected government delay, act of war, civil disobedience, lack of CITY services or facilities, concurrency and the like. 20. RESTRICTIVE COVENANTS. The burdens of the development shall be binding upon, and the benefits of said Agreement shall inure to, all successors in interests of the parties to this Agreement, including heirs and assigns. 21. ENTIRE AGREEMENT. This Agreement, together with the collateral documents referenced in paragraph 2.A. hereto, sets forth all of the promises, covenants, 17 Version 10.0 6/6/00 agreements, conditions and understandings between the parties hereto, and supersedes all prior and contemporaneous agreements, understandings, inducements or conditions, express or implied, oral or written, except as herein contained. 22. SEVERABILITY AND REMEDIES. A. The invalidity of any provision hereof shall in no way affect or invalidate the remainder of this Agreement except that if any provision which is invalid prevents the CITY from approving the PROJECT, issuing permits or Certificate of Occupancy or prevents DEVELOPER from receiving all economic incentives, DEVELOPER may elect to rescind this Agreement. B. In the event this Agreement is terminated by reason of the material failure of the DEVELOPER to timely perform the terms and conditions set forth herein, the CITY shall have the right to refuse to issue building permits or other development approvals for the property. C. Notwithstanding the foregoing each party shall be entitled to pursue all other remedies provided by law, now or hereinafter existing. 23. NOTICES. Upon further written notice by either party to the other, all notices provided for herein shall be in writing and transmitted by messenger, certified mail, or return receipt requested, or telegram, and shall be mailed or delivered as follows: AS TO THE CITY: City Manager City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, FL 33025 With a Copy to: James A. Cherof, City Attorney Josias, Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd. Suite 200 18 Version 10.0 6/6/00 Fort Lauderdale, FL 33308 AS TO DEVELOPER: Ocean Breeze Festival Park, Inc. 1120 Laskin Road Virginia Beach, VA 23451 With a Copy to: David M. Layman, Esquire Greenberg Traurig 777 South Flagler Drive Suite 300 East West Palm Beach, FL 33401 24. GOVERNING LAW AND VENUE. This Agreement shall be construed in accordance with the laws of the State of Florida, and any proceeding arising between the parties in any manner pertaining to this Agreement shall, to the extent permitted by law, be held in Palm Beach County, Florida. 25. BINDING EFFECT. The obligations imposed pursuant to this Agreement upon the DEVELOPER and/or upon the property shall run with and bind the property as covenants running with the property and this Agreement shall be binding upon and enforceable by and against the parties hereto, their personal representatives, heirs, successors, grantees, assigns, and a copy of this Agreement shall be recorded among the Public Records of Palm Beach County, Florida, upon execution of this Agreement. 26. ATTORNEYS' FEES. Should either party hereto bring an action against the other to enforce the terms and provisions hereof, then the party prevailing in said action shall be entitled to a judgment against the other for his reasonable attorneys' fees and costs. 27. LAWS OF FLORIDA. This Agreement shall be governed by the laws of the State of Florida and it shall become effective immediately upon execution by both parties 19 Version l 0.0 6/6/00 hereto, subject to any approvals which must be obtained from governmental authority, if applicable, and subject to all conditions for the rendering of service as set forth in this Agreement (including the obtaining of necessary easements). 28. ASSIGNMENT. Without consent of the CITY, DEVELOPER may assign this Agreement and/or rights hereunder, including the incentives granted by the CITY. 29. PROJECT EXPANSION. Nothing herein shall prevent DEVELOPER from seeking a modification of the SITE PLAN, subject to CITY approval. 30. SITE PLAN PACKAGE. See Conditions of Approval. 31. A. Developer intends to obtain mortgage financing for the PROJECT from one or more lenders (collectively, the "Lender"). Developer shall provide written notice to the City of the name, mailing address, and designated representative of each lender. B. CITY agrees: 1. that the Developer's rights under the Agreement may be assigned to the Lender without City's consent, but with notice to the City; 2. that should Lender or other third party acquire title to the Project or portion thereof as a result of foreclosure sale or deed in lieu thereof (the "Successor Owner"), such Successor Owner shall succeed to the rights of Developer under this Agreement; 3. that City agrees to give to any Lender which has notified City in writing as to its interest in the Project, written notice of any default by Developer under this Agreement with Lender having the right to cure such default within a curative period reasonable under the circumstances then existing; and (iv) 20 Version 10.0 6/6/00 that this Agreement cannot be terminated, abandoned, modified or amended without notice to Lender's. C. Nothing herein shall limit the City's power to terminate this Agreement if there has been a default by Developer and if the lender has been given notice of said default and has failed to cure the default within the curative period referenced above. 21 Version 10.0 6/6/00 ATTEST: ~"'- City/Clerk '~ , "';"':i ..... '/~°2ice.,~ Mayor Ronald Weila d STATE OF FLORIDA ) ) COUNTY OF PALM BEACH ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments, personally a. ppeared Ronald We lland, . Vlce th%~Mayor of the City of Boynton Beach and ~ ~"~ , the City Clerk known to me to be the persons described ir~ andCwho executed the foregoing instrument, who acknowledged before me that they executed the same, ~ are personally known to me (or produced the following type identification:) and an oath was not taken. Witness my hand and official seal in the County and State last aforesaid this~ld, f-~' day of ~1]~1~_~ ,2000. NOTARY PUBLIC My Commission Expires: City Attor~yy 22 Version 10.0 6/6/00 Witnesses: OCEAN BREEZE FESTIVAL PARK, INC. STATE OF ~A ) w- ) COUNTY OF~ ) I HEREBY. CERTIFY that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared rclT~,A~o (.~'~'~,~ known to me to be the person described in and who executed the foregoing instrument, who acknowledged before me that he executed the same, is personally known to me (or produced the following type identification:) and an oath was not taken. Witness my hand and official seal in the County and State last aforesaid this . ,7'.'~"': '"'.",' NOTA~PUBLIC ' -: ;.. =: : .~L ;.-.., ..:.. .:'." ..' .':: ;. My Commission ~xpiros: ~ ~, i q' 23 Versio~ 10.0 6/6/00 LEGAL DESCRIP'I'ION: PARCEL 1: Lots 3? and 38 and Dewey's Subdivision, Plat Book ~., page 37 of the Public Records of Palm Beach County, Rodda, Less the right-of-way of Casa Loma Boulevard and Less the right-of-way of Orange Grove Boulevard. Together with the 'reversionary interest, if any~ of mortgagor in the rights-of-way of Casa Loma Boulevard and Orange Grove Boulevard. PARCEL 2: The East half of Lot 39 and the East half of Lot 42 in Dewey's Subdivision, Plat Book 1, page 37 of the Public Records of Palm Beach County, Rorida (Less the South 30 feet of said I.et 42 as shown in Deed Book 341, page 188) Together with the reversionary interest, if any, of mortgagor in the right-of- way of Ocean Avenue. .. PARCEL 3: That plat of Section 27, Township 45 South, Range 43 East, Palm Beach County, Rodda described as follows:. Commence at the Southeast comer of I.et 37, Dewey's Subdivision, according to the plat thereof recorded in Plat Book ~. at page 37 of the Public Records of Palm Beach County, Rodda; thence N 7' 14' 10' E., along.the East line of said Lot 37 and along the West right-of-way line of the Tntracoastal Watanvayv 25.20 feet to. a line 25.0 feet North of and parallel with the South Ilne of said Lot 37 and the " Point of Beginning; hence East, along said parallel line, 33.85 feet; thence N. 5° 47' 36" E., 142.02 feet;, thence N. 82° S. 45' $0' W., 30.0 .feel: to the said East line of Lot 37; thence S. '7° 14' :tO" W., along said East line, 146.24 feet to the said Point of Beginning. Areas: Parcels 1 & 2 & 3 = 301,887 sq., ft., 6.93 acres. Location: Northwest comer of Orange Avenue and ocean Avenue r- LEGAL AND EO. ui'rABLE OWNERS OCEAN BRF~"Y~ FESTZVAL PARK, INC., C/O The E~6 Companies [3.20 Laskin Road Virginia Beach, VA 23451-57.10 EXHIBIT PUBI TC FA~ The City will design and construct off-site water and sewer factlitles sized to accommodate the projected build-out capacity of the project. 2. The City will Install traffic and parldng conl3-ol signs along, the Casa-Loma right-of-way. SCHEDULE= OF RESERVATIONS AND DEDICA'I'ION$ 1. Easement from Ocean Breeze Festival Park, Inc., to the Ob/of Boynton Beach, dated June i4, 1999, Addendum to Easement and Exhibit "A" (dated 3/1/99, Order #80-275 2. Easement from Ocean Breeze Festival Park, Inc., to the City of Boynton Beach, dated June 14, [999, Addendum to Easement and Exhibit"A" (dated 5/].9/99, Order #80-275 3. Easement from Ocean Breeze Festival Parkv [n~, to the City of Boynton Beach, dated 3une 14, 199g, 'Addendum.to Easement and Exhibit"A~ (dated 3/1/99, Order # 80-275 4. Easement from Ocean Breeze Festival Park, [nc., to the City of Boynton Beach, dated November 4, [999, Addendum to Easement and Exhibit ~A~ Cdated 11/3/99, Order #80-27~ '[') *Reservations and Dedications to be recorded separately. I. EFT INT~ONALLY BI~4NK EXHIBIT "H" Conditions of AO.Droval oject name: Boynton Marina ilo number:. COUS 98-008 Reference: The otans c~nsist of ~ sheets identified as 4th Review.. New Site Plan. File # COU~ 98-008 with a February .2. 1999 Plannin0 and Zenino Department date stamp markino_ DEPARTMEN'r~ INCLUDE REJECT PUBLIC WORKS Comments: 1. The dumpster (or vertical compactor) enclosures should be a minimum 10 feet by 10 feet Internal dimensions. The gates for the containers should be mounted on the outside of the enclosures. .The enclosures should be widened if the game am to be mounted x -on the inside. Steel dowels should be installed to hold the gates open. The truck must be provided with a tuming radius of 55 feet minimum. 2. . Waste removal in connection with construction pmcese must be x serviced by City of Boynton Beech. Place not~ on dumpster detail to indicate same. UTILITIES ' Comments: 3. All utilities easements shall be shown on the rectified landscaping drawings so that we may determine which trees may imerfere with utilities. In general, palm trees will be the only tree species allowed within utility easements. Canopy trees may be planted outside of the easement so th~ mots and branches will not Impact those utilities within the easement in the foreseeable future. I.DR X Sec. 7.5-18.1 gives publ~ utilitlee the autho~y to remove any trees that Interfere with utility services, either in utility easements or pl,lbllc rights-ofwvay. Them aoDeer to be soma vetv ¢laflnite conflicts between canoav trees and utilities irt this submittal, as them were in the December 1998 sub,itel_ 4. Department of Health permits will be requ~d for the water and sewer system extensions se~,ing this project. (Sec. 26-12). Show all existing and proposed water and sanitmy sewer improvements x on the site plan or drainage plan at this time including pipe size, and location. ISec. 2~-18) 5. Fire flow calculations will be required demonstrating the City Code requirement of 1500 g.p.m, as stated in LDR Chap. 6, Art., Sec. X 16, or the requirement imposed by insurance underwriters, whichever is 9mater. (See Sec. 26-16(a)). Fire flow tests results Page 2 Boynton Beach Marina File No.: COUS 98-008 DEPARTMENTS INCLUDE REJECT for the main on Ocean Avenue have been provided, 13ut tim flow calculations to ihs on-site hydrants have not. Please submit these calculations with your Health Department permit application and plans. ·6. Provide proposed elevations, flow arrows, treatment facilities and an engineer's written certification that drainage will conform to all rules of the Clty and the South Flodda Water Management District. x (LDR Chal~. 4, Sec; 71~ -' 7. Water and sewer lines to be owned and operated by the City shall be included within utility easements. Please show all existing or proposed easements on the site plan and drainage plan. The · .water and sanitary sewer lines to be situated along the west side of the project will require a deer, unencumbered easement of 37 feet (12' for water, 2.5' for sanitmy). All easements shall be X dedicated via separate i~ent to the City al stated in Sec. 28- 3;3(a) of the Code. These easements must be dedicated within 30 days in order to allow the City to commence relocation of the 24' diameter gravity sewer. Provide resolution ve~/ing abandonment of the existinc~ utilit7 easements no Ionc~er needed. 8. The drainage pian Included in this submittal is dated December 7, 1998, and is similar if not identical to the one submitted in December. It has the same dmwbacl~ al pmvio~N mentioned; namely them is' insufficient space for the water, sewer and drainage lines shown along the west side of the site. It also shows x restaurant #1 in a different location from that shown on the site plan. Please re-submit a consistent set of plans. 9. Appropriate backflow preventers will be required on the domestic water services to Itm buildings, and the tim 'sprinkler lines, in x accordance with Sec. 2B-207. 10. Building permits for this project shall not be issued until this office has approved the plans for the water and/or sewer Improvements required to serve each of those buildings. -(Sec. 2B..15). In addition, the developer shall post surety for all other required improvements for which he is responsible, and which will not be x completed before the first certificate of occupancy. (LDR Chap. ArL V, Sec. 7). This surety will exclude items.to be installed by or under the direction of the city as stipulated .in Exhibit '1' of the 'Development Acjreement'. -- 11. Note that the addition of 229 aparl~ent units greatly intensifies the x use of the site above what was originally anticipated. This change ;1~'.. will result in an additional canital facilities chars- of anamximatelv Page 3 Boynton Bm~h Mar/ha File No.: COUS 98-008 DEPARTMENTS - I INCLUDE I REJECT ~ for water anti sewer, if approvecl. The developer is therefore resoonsibte for ~ayment of this additional fee. 12. The 1S-foot utility and roadway easement west of the platted N.E. 6~ Street right-of-way, referenced in paragraph 9 of the 'First x Amendment to Development Agreement' must now be dedicated to the City to allow maintenance of City utilities. 13. All Infrastructure improvements necessary, for this entire site must be completed before the first certificate of occupancy is issued, other than for docks and fuel pumps constructed simultaneously with related support infrastructure including access roads, water and sanitary sewer, regardless of bonding or ottter surety. For thla x · 'purpose, 'infrasmJcture' shall .be defined as potable water, sanitary sewer, drainage, and a second paved access road for service and eme~ency pumoses. FIRE Comments: 14. Emergency access along north side of apartment building to the north dock is not shown. A fire lane is required. BBCC 9-21. This comment shall be read in conjunction with Paragraph 17 G.6 of x the Revised Deveiol~ment A~resment. 15. Standpipe/sprinkler system tim department connection is not x shown for the apartment building. BBCC 9-6 16. Dock standl~il~es no farther airart than 200 feel BBCC 9-6' x · POLICE Comments: None ENGINEERING DIVISION Comments: 17. All plans submitted for speCific permits shall meet the city's code requirements at time of application. These permits include, but are not limited to the following: site lighting, paving, drainage, x curbing, landscaping and Irrigation. Permits required from other 'permitting agencies, such as FDO'r', PBC, SFWMD, DERM, LWDD, DEl= and any others, shall be included with your permit reauesL Page 4 Boynton-Beach Marina File Ho.: COUS 98-008 18. Pay a fee in lieu ~ dedim~on as set fo~ in Chapter 1, Se~on 5 x of the ~Rs 19. Upon subm~i of ~ns~on d~n~ for ~ ~ ~d. ~d NE 6~ S~ ~e appli~nt sh~ p~e a ~ de~il~ ~pogmphic. da~, pmpa~ ~ a land S~m ~ flodda, shying e~s~g ~nd~om souffi ~ ~sa ~ma B~d. ~d ~e ~a ~ ~ NE ~ S~L x Design drawings for ~ese ~ sh~ sh~ in de~a.~ public a~ss, including ~di~p a~s, ~dlifl~ ~ ~e adja~ pmpe~, indud~g ~ils, mm~s, ~im, ~ 20. ~e CI~ and ~e appli~ shall jo~ ~dp~ in ~nding Boyn~n Bea~ 8~d. ~ ~m ~ ouflin~ in Re~s~ Deve~pme~ Ag~m~ app~ pl~. ~R ~apmr 4, S~on ~C., III, Se~on 1Z, Chapmr 6, ~de N, S~6n 10, ~~ 6, x Chapt~ ~ Se~on 11.ZD.] ~ ~mm~ ~ ~ m~ in ~njun~on ~ Paragraph 17.G.8 ~ ~e Re~ Deve~pme~ A~me~ 21 ~te several ~ndl~p ~lls ~ ~e no~ Blvd. ~r a~ssible m~ ~ m~ ~ ~ ~a~ ~d apa~en~mma ~ p~de ~e sho~ a~sible m~e per ~e x Rofida A~ssibiF~ ~e. ~ ~e appli~ ~ ~ ~ i~o~ in ~e d~ I~sing ag~men~ a ~pu~n ~ng public ~g spa~ ~ ~8 ~ ~e pa~ng ~ga f~ ~ ~g p~~. ~e d~ I~g ag~men= ~ a~ ~pu~ ~at l~e ~ ~ ~ ~ x ~ ~e ~m=os~ leasin~ a~m~ fm ~. ~e appli~nt shall ag~ ~ in~om~ in ~ leasi~ ~en= ~r ~ m~a ~es a ~pu~on d~ng ~ ~1~ ~m ~ing ~e public pa~ng spa~ ~ng flint fl~r ~ ~e pa~ng ~ge for ~e~ and a=~. 24. ~e ~uimmenm ~ the Rofida A~ssibili~ ~e shaa be met for X · Page :5 Boynton Beach Marina File No.: COUS 98-008 DEPARTMENTS INCLUDEI REJECT any._.~roloosecl valet oarkin . 25. Show proposed turning movements on the Site Plan for access of x City trash trucks to and from all ~m0a~ra and dumpsters. 28. Unless superceded by the Revised Development Agreement, provide the City with the appropriate documents to designate public access and recreational use easements for'the proposed public park at the intracoastar waterway, the pedestrian pattwvays x between and on the north side of the proposed retail buildings and for the courtyard area located east of the proposed residential buiidinc~, includin~ a walkway to the north pmp-_.-rty line of the 27...Show proposed public fadlities on the site plan and construction and use detail of proposed designs for the proposed Casa Loam overlook, Casa Loma Boulevard. and the public courtyard for review. Plans shall include proposed public amenities such aa x benches/seating, trash receptacles, bike racks,, drinking fountains, Iightin~l, landscaloincj, etc. " 28. It appears that the proposed site storm drainage system will need to be revised to include the courtyard area east of the proposed residential building and that this revision will require approval of the OEP. The applicant shall give strong consideration to the possibility of relocating the storm drainage ouffall to the basin · located within the property, raffler than the basin at the south of the site, as part of revising the storm drainage permit. This will x increase water quality within the basin and would most likely be supported by DEP. If this revision is made it will directly affect the installation of the seawall panels, regarding pipe penetration through the seawall panels. Provide temporary parking on site to replace the spaces temporarily lost in Casa I. oma Boulevard, sized equivalent to what Is currently serving existing uses along Casa I. oma Boulevard and to be expandable to provide required parking for those portions of the project completed prior to completion of project parking areas (no landscape plan required only to include parking space markings, fighting, and drainage acceptable to the city engineer). 29. Regarding proposed construction of Casa 1.0ma Blvd., NE 6 Street and the private roadway the applicant should be aware that roadways constructed in muck or peat shall be. constructed in x conformance with Chapter 6, Article IV, Section lO.F- of the City's Land Devetooment 30. Casa I. oma Boulevard shall be maintained as outlined in the x Revised Develoloment Agreement. Unless SUlOei-cecled by the Page 6 Boyr~ton Beach Marina Vile No.: COUS 98-008 DEPARTMENT~ INCLUDE REJECT Revised Development Agreement, the applicant shall provide the City with a Maintenance Agreement for Casa i. oma Blvd. in a form acceptable to the City. The Maintenance Agreement will be reviewed by the City Engineer, Public Works and Utilities prior to finalization. 31. Show the six fish cleaning and garbage ststions required by the x DEP permit on the Site Plan. BUILDING DIVISION Comments: 32. .'At time of permit review, submit a recorded unity of ~e that x combines all lots and parcels as one IoL 33. Add to the sheet titled Restaurant f~l Floor Plan the following building specifications: Gross floor area each floor, total gross floor ama entire building, floor ama of the exterior covered ama, seats per floor (indoor and outdoor), total, seats entire facility, x overall building height, finish floor elevation 1*~ floor, type of construction and occul~anc-7 classification. 34. At time of permit review, amend all plan view drawings to show that the accessible routes that are. required between the accessible parking spaces and all uses and amenities proposed for the project are in compliance with the regulations specified in x the Florida Accessibility Code for Building Construction and the Federal Fair Housinc, I Act. 35. At time of permit review, provide detail drawings that Illustrate how vertical changes in elevation along, all acceasible mutes will be overcome.. The working drawings-that iustmte the vertical x changes in elevation shall be depicted in compliance with rec~lulations specified in the accessibility codes.' 36. Provide a minimum of four accessible parking spaces to the north side of Casa I.oma Boulevam. These spaces should be x distributed to serve the buildings tiffed Retail "B" & Office and Restaurant 37. Place a note on the site plan indicating that the path of travel to and from the buildings and other factliti~ on the site am' in x compliance with the Florida Accessibility Code for Building Construction and the Federal Fair Housinc~ Act. 38. Amend the tabular parkin~ data and the plans to reflect and show x Page 7 Boynton Beach File No.: COUS 98-008 DEPARTMEN'I~ '" INCLUDE j REJECT the correct number of on-site accessible paridng spaces. The 355 car-parking garage requires eight (8) accessible parking spaces of which one (1) shall be shown and labeled aa van accessible. The data shall also indicate that the on-site spaces will require four (4) accessible spaces be shown and provided at the site. Therefore, a total of twelve (12) accessible spaces are required to be shown on the site plan and identified in the tabular data to con'ec~ represent the required number of accessible spaces for the parking that is depicted on the site plan. (17) am provided. The total number of accessible parking spaCeS identified on the and shown on the plans shall not be. less than the number of spaces required by the Florida Accessibility Code for Building Construction. 39. For the purpose of accessing fees associated with issuing permits for the aparenent portion of the 8-story building, add to the drawings submitted for pem-~ review data that groups and identifies the quantity of each apartment by gross floor area and x number of bedrooms. Also, independently Identify and provide the total gross floor ama for all covered and enclosed areas that .. support the apartment use, such aa lite lobbies, trash area, corridors, clubhouse, elevators and ~e~___irwaya. 40. Amend the elevation view drawings to be consistent with the floor plan drawings with respect to location and size of extedor wall x openinc~s, columns, rooffine and other b~!!a_!_qcj features. 41. Submit a complete description lttat defines the construction- sequence/management plan proposed for the improvements requested with Itm subject., application. The construction- sequence/management documents shall be reviewed by and approved by staff before the next permit will be issued for the project. The document shall Include, but not be limited to, defining how the adjacent pmpmly owners, will be able to safely remain x open for busine~, during construction of the rights-of-way that lead to their businesses. The phasing plan shall also describe and show how vehicle and pedestrian access will be maintained to the licenses uses. The vehicle and pedestrian access shall be shown from the adlacent Improved rights.~ ..-~ay to the 42. At time of permit review, Identify 'on .the site plan the setback dimensions from the west, east and south property lines to the leading edge of the building titled Restaurant ~1. The City has approved a 0' setback for Restaurant ~ At time of permit review, x Identify on the site plan the setback dimensions from the south property line to the leading edge of the iL-story building. The leading edema of the buildtnc~ be~ins at the c~os~ point of the Page 8 Boynton Be~ch Marina File No.: COUS 98-008 INCLUDE I REJECT DEPARTMEN'I~ overhang or ~no~ to ~e pmpe~ line. ~e tim rating and wall openings Io~t~ on ~e e~edor ~ils ~ ~ buildings sh~l ~mpN ~ ~e ~ulaflons sp~ in Table 600 ~ ~e S~da~ Buildin~ Code. ~ate ~e a~sible pa~ for ~e van a~ble p~g spa~ to · e a~ssible buiidin~ en~n~s. ~. Sh~ ~or d~ba on ~e wa~r ~inage ~ is genem~ ~ ~e ~ ~ ~ ~~ ~ x te~ina~. ~... Sh~ and lde~ on ~e sh~t ~ Gm~d ~ ~ ~ h~ x mail ~il be del~e~ to ~e apa~~ - sp~fions II~ in ~a Deve~omem A~~ PARKS AND RECR~ON ~mmen~: None FORES~~IRONME~AM~ Commen~: None P~NNING ~D ZONING -. ~mmen~: 47. Ch~ge ~' ~ ~1~ In ~u~on for pa~ng spa~ for a~e~. x · On I~ds~e p~, ~ens~n .d~ be~n pe~me~ x · Dimension ~ ~me~ lands~pe ~ ~ sh~ ~nim~ · . Add no~ ~ lands~pe p~n indi~Ung ~ ~ i~dor pa~ing spa~ (~d~g garage sp~), ~ui~ i~dor lands~p~ ama (20 lands~o~ ama p~ (or using ~u~ ~eda to t~ Page 9 Boynton Beach Mm'iz~ File No.: COUS 98-008 DEPARTMEN'i~ - I INCLUDE REJECT (10) square feet per space if a minimum of one (1) interior - shade tree is provided per four (4) interior spaces). · Add note to landscape plan stating number of trees (one is required) per 100 square feet of required intedor landscaped area. · Continue perimeter hedge along N.F_ 6e Street (west side)' north/northeast of restaurant ~. · Provide and identify on the landscape plan all .proposed lighting fixtures for both-vehicular and pedestrian areas in accordance with CBD Guidelines and/or Vision 20/20 Study recommendations. · Identify in the landscape plan tabular data, the percentage of native species to confirm compliance with the 90% .. requirement. · Add to list of notes on landscape plan the soUrce of Irrigation water. 49. Comprehensive Plan Policy 1.12.2 requites that residential projects in excess of 100 units Proposed' within the hurricane evacuation zone be reviewed by the County's Division of x Emergency Management, and that comments be considered which re~ard the Peacetime Emam~ency Plan. 50. Provide color descriptions for all details including color code on x elevation document. 51. Add turning radius details within parking structure, and provide, at minimum stacidng space for one vehicle at guard gate to prevent x blockincj of entry lane. 52. The minimum required extension of N.E. Z" Avenue will be completed prior to Certificate of Occupancy of multi-family building, or alternative plan for waste removal will be incorporated x which eliminates need to access north side of building (this does not eliminate need to provide for emergency access along north side of projectt. 53. -Consistent with revised development agreement, replace note indicating that extension of N.F_ 2'" Avenue, indudtng cul-de-sac, is by others, with 'developer to construct road Improvements in x accordance with revised developer's agreement and approved plan'. 54, Clarify whether th~ areas east of the Casa I. oma Blvd. cul-de-sac x and south of retail B ate sod or paved areas. 'Page 10 Boynton ]3each iVtzrma File No.: COUS 98-008 DEP~~ INCLUDE REJE~ 55. Submff up~at~ lan~s~pe plans for ~m pmj~ to ~mplian~ ~ all appli~ble ~ulafio~, i~m~ ~ns~t~, and ~ include ~e foiling ~anges ~ ~e lands~pe n~es found on sh~t LS1.00: ~ Add, ~ sp~ in ~e "Gmd~ and S~ndaMs for x Nume~ Pla~' Pa~ I, 1~3 ~d P~ II, S~ Rodda, Depa~em ~ Agfi~, Tai~ha~ to · e ~d ~ n~ 1. b. Remove ~e ~, ~o', ~m ~e b~ning ~ no~ ~mber 19. ~nd Developme~ R~ulaflons, ~~ 7.5, ~de Iil - ~ Business Dis~ ~nds~oe ~e, S~on 8.] 56. For subs~uem pemff appii~on, ~e ~t A1.01 ~g derail sh~t) ~d a pho~me~c p~ ~ ~ ~t i~~ levels m~t ~ap~r ~, ~de II, ~1 ~d ~O I~~ ~e. NI ~es ~ Iigh~ng ~ (~U, ~i~, ~ ~ !~) ~ x ama ~ sha~ n~ ex~=d 16 f~L ~ ~1~, ~ ~d ~ s~ ~~ sh~ be ~ a ~de ~d ~ ~ ~ ~d ~m~n~mad~ ~mnme~ ~d ~ ~ ~s~ ~ ~sions 20120 R~evelopm~ PI~ ~~~. [~~ 7.5, ~de III - ~ B~e~ D~ ~~e ~e, . Se~on 8. ~ 7. a, b, c ~d d ~d ~ ~ b, c ~d d ~d Des~ Guidelines ~ B~n Bea~ ~n~ B~ D~ page ~, 2 and 3] " ~. Pmj~ ~all p~ a ~ni~ ~ 505 ~ ~ng ~, indud~g a mini~ ~ 207 ~a~ ~ ~ mma~ o~ ~d ~msew~ ~r ~bflc MINIMUM NUMB~ OF P~KING 8pACEs 'PROVID~ IN' x RIG~F-WAY I~ CR~~ ~WA~ ~~ (~ deve~pme~ ag~~ ~e spa~ ~ ~ ~~ t~ ~nd Developme~ R~~,' ~~ 2 - ~ning, S~on 11. H. 16. e. (10), Se~on 6.[4.b(1)(a), S~ 11~H.16.d(3), S~on 11.H.16.d(1)] -. '1 58. ~e applies appli~on f~ ~ $1,500.~ ~ ~ ~ 1 pmpa~ ~em, shal ~ ~ pfi~ ~ i~~ ~ subs~em x pe~ or d~u~ ~m ~e in~n~ f~ ~minis~e f~. Page 11 Boynton Beach Mar/ha 'lc No.: COUS 98-008 DEPARTMENTS INCLUDE REJECT 59. The applicant shall apply for and be issued an environmental review permit 'prior to receiving an occupational license to sell gasoline. [Land Development Regulations, Chapter 2 - Zoning, x Section 6. E. 1Al 60. The applicant will dedicate an easement to the city, the land shown on the plans as the north portion of the cul-de-sac located near the east end of Casa I. oma Boulevard. PriOr to obtaining signatures on the document and recording the easement document in Palm Beach County, the applicant shall submit a copy of the appropriate document to.the city for review. The x document shall include, but not be limited to, the developer purchasing, installing and perpetually maintaining the .. improvements. 61. Applicant shall comply with all requirements contained in the' development order and revised development agreement, prior to issuance of permits (other than shell permits requested prior to x approval of the development agreement) in a~cordance with the deadllnes set therein. 62. The mad will be constructed at a minimum elevation of ~5'6'. X 63. The dumps,er endasure requirements of the City Code will be temporarily waived for Two Georges Restaurant and Dive Shop x until Casa I.oma Boulevard is completed, and compactors installed.. 64. Pursuant to note #5 on the conditional use site plan, all utilities are x to be placed underground. This requirement is mandated for CBD by Chapter 2 Zoning, Section 6.E. Early coordination with utility providers is recommended. 65. Traffic study was. found defident by Palm Beach County. Revise study to satisfy data needs to comply ~ County Traffic x Performance Standards. City must possess confirmation from Palm Beach Count~. 66. Submit all outstanding documents required for the conditional use site plan including color samples and codes, light fixtures and other details and landscaping plans for the original phase I to x show consistency with mmalninc~ portion of site plan. 67. Provide additional fight-of-way along west side of NE 6~ Street to provide left and dght turn lanes with storage capacity to offset x traffic impact by apartment building and to provide efficient circulation. Exl3ansion of ric~ht-of-way to be done with the mutual Page 12 Boynton Beach Mai'ma File No.: COUS 98-008 DEPARTMENTS INCLUDE REJECT understanding that expansion may be in exchange for loss of minimal, parking spaces. This requirement may be waned if magnitude of spaces to be lost are unacceptable to the city, and if traffic analysis justifies maintaining roadway as currently proposed (formerly ;~35). I ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 68. '- ADDITIONAL CITY COMMISSION CONDmONS 69. Revised 8/11199 4:45 pm MWPJdim J-'t,~'~qDATA~It,ANNEM~ IGO~,.1241COND. ~1~ APIIN,GG ~ I,.~I.N,,I~G LEFT I~ONALLY BLANK INTENTIONALLY LEFT BLANK EXHIBIT "]" INTENTIONALLY LEFT BLANK EXHIBIT "K" 0 0 0 0 m I EXHIBIT "L" HOL & KNIGHT LLP One E~ Br~ ~d, ~ 1~ y,O, B~ 14070 (~ ~-~ ~ ~u~, F~ ~1 u~ T~ M~ ~ D.C ~-1~ N~ Y~ ~w.~klaw.com ~ T~ April 9, 2008 Mr. Quintus Greene Development Director City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33435 Re: Marina V'flla~ at Boynwn Beach Dear Mr. Greene: We represent TRG-Boynton Beach, Ltd. ("I'RG"), the owner of the property being developed as Marina VillAge at Boynton Beach. As you are aware, a previous owner of the subject property entered into a Second Revised Development A~'eement dated June 6, 2000 ("AKreement"), with the City of Boynton Beach, Florida ("City"), relating to the development of the property bein~ proposed at that time. The .4~reement has become obsolete due to the fact that the development contemplated by the A~reement did not occur, and the deadlines for complet-Jn~ those development obli~at/ons were never met. In previous discussions w/th City officials regarding the Agreement, a consensus was reached that the ~/mi~ and development of the subject property be/ng proposed by TRG is substant/ally different than the timin~ and proposed development contemplated by the Agreement. ~OR-~-L:~L3 11: 52 Ps ~ Ql1~ TI ~'~]~ ~.eene Ap~ 9, 2O03 Pa.~e 2. Accor~._~gly, TRG requests that the City Comm;ssion take appropriate action to ter~i~ste the Agreement as a matter of record. Such t~r~nation should Be expressly conditioned on the survival of the matters set forth in the letter from James A. Cherof, City Attorney, to The Related Group and AERC of Virg~a, Inc., dated December 30, 2002 (copy attached). If possible, please schedule ~is request for City Commission consideration at its meetin~ on April 15, 2003, at which other m~tters relating to the proposed development of Marina Village at Boynton Beach will also considered. Thank you for your cooperation. Sincerely, Br. cc J'ames A. Chez'of, Ci~ A~orne¥ (w/enc].) December 30, 2002 Via Hand Delivery The Related Group 3~.RC of Virginia, Inc. Re: Request for Estoppel Inform,~ou/Marina Village Gentleman: The City has received thc December 30, 2002 wri'agn request of The Related Group sad AERC of Virginia, Inc. for a~ estoppel letter detail/rig thc amounts spent and uuspent by the City of Boymon Beach under the Second Revised Development. More specifically, you have asked the City: Specifically, please confirm that $:19,424.22 have been spent on behalf'of City water and sewer fees, which are credits which run with the Project and are trans/ferable to a successor owner of the Project and shaft survive any termination of the Development dgreemenL Response: The City baa paid on behalf of the Developer $13,570.99 for retail commercial water and sewer impact and connection fees, $25,853.23 for restaurant water and sower impact and connect/on fees. Thee fees are transferable to a successor owner of the Project and shall survive any termination of the Development Agreement. ~rn addition, please confirm that $]62,$00 have been spent towards City, State and County permit/fees, and please confirm the portion of this amount which was paid to the Counir for impact fees, and the City shall cooperate with the de~eloper and support with the County a successor owner's credit for these feet. ,lbo, l~lease confirm that the City Commis~'on shall consider as a policy decision giving a successor owner of the Project a credit [which credit shall survive any termination of the Development Agreement) against/furore permit fees for the portion of this amount which ,vas paid to the City, and please confirm that amount, and City staff sl~all favorably recommend such. actlom Response: The City has paid: To Palm Beach County, on behalf of the Developer, $122,688.85 in road impact fees and $4.802.91 in public building £e,~. It is the City's understanding that under County To the State of Florida, $138.70 in BACIF and $I38.70 for Radon permit fees. Confirmation of transferability should be obtained from the State. To the City of Boynton Beach $34,726.38 for building permit reView fe~. The credit is transferable. No refund is available for voided permits. Also, l~lease confirm that no other amounts have been spent by the City or are due and o~oing under the bond or the Devgiopment Agreement other than those set forth ahoy& Response: The City has expended $201,919.76, which includes the amounts shown above. The project is encumbered by a City lien for the total incentive package of $770,325.00, less $407,380.00, which is secured by bond. Pleasw confirm th~ City shall tu:etpt a substitute bond in replacement of that cttrrently l~Id by thw City J~om a sueetssor owner, and tatum ti~ ggis~g bond to R¢~onse: Yes. ! trust the foregoing is re~nsiva to your request. All issue of fu.~er adjustment, modi~¢ation, retired or waiv~ are testa'red to the City C, ornmisaion. city ATTORNEY Ca/d~'v~lopm~/~na pmj~mpl~! La' TOTRL P. 05 F. Martin Perry & Associates, P.A. £ ~'!'~ PEPPY 1645 Palm Beach Lake~ Blvd. SUSAN L. TAYLOR S~ite 1200 FAX (56~) 686-S442 May 8, 2003 L~ MAY 9 2003 DEPARTMENT OF DEVELOPMENT James A. Chemf, Esq. Via Facsimile: 561/742-6054 City of Boynton Beach 954/771-2943 100 E. Boynton Beach Blvd. P.O. Box 310 Boynton Beach, FL 33425-0310 Re: Two Georges Restaurant vs. City of Boynton Beach Case No. CL 99-8505 AG Dear Jim: As you know, this firm represents DSS Properties, Ltd. and DSS Management, Inc. d/b/a/ Two Georges RestauranL I have been advised that the City Commission recently approved the Major Site Plan Modification submitted by the Related Group for the Boynton Be_~a~..~.__M,..a_ri_'n_a _~.~oject...As .ares. ult, my client requested that I review the proposed ,,,uumr, aqons as may relate to paining, to determine whether the proposed modifications are consistent with the Court approved settlement of the above case. I have concluded that the current parking modifications do appear to ignore the terms of the Mediation Agreement. For your convenience, I am attaching copies of the Amended Mediation Agreement, dated June 12, 2000; the Court Order, dismissing the case and retaining jurisdiction to enforce the Amended Mediation Agreement; and portions of the Second Revised Development Agreement, recorded on August 28, 2000 at ORB 11980, PG 492, Public Records of Palm Beach County. The Amended Mediation Agreement clearly contemplated amendments to the Development Agreement such that it would be consistent with the settlement among the parties. The resulting Development Agreement, the Second Revised Development Agreement, provides, in part, that: "7. DEVELOPER shall provide a minimum of 505 parking spaces, 207 of which must be open and unreserved for public use (Of these 207 spaces, 59 are on Casa Loma Boulevard and N.E. 6~' Street. The City is granting to the Developer the use of these 59 public spaces as a credit toward his obligation of 207) .... "Emphasis added. James A. Cherof, Esq. May 8, 2003 Page 2 of 2 The foregoing paragraph of the Development Agreement also contains a footnote referring to the August 1999 City Commission hearing, during which the parking issues were extensively discussed and the Commission voted to approve the above parking arrangement. I have reviewed of the minutes from the April 15, 2003 City Commission meeting and the resulting conditions of approval for the Developer's current site plan. I have not yet been able to review full size plans showing the parking arrangement; however, it appears that the resulting approval does not specifically require the developer to leave spaces open and unreserved for public use as is required by the Development and Mediation Agreements as previously stated herein. If I am incorrect in this regard, please provide evidence to the contrary. The minutes of the meeting reveal that parking continues to be a significant concern to area businesses and City residents. My clients are also greatly concerned about the lack of available public parking for their customers. Of additional concern in this regard is that the developer has apparently requested that the existing Development Agreement for the project be dissolved. My client strenuously objects in that dissolving the Second Revised Development Agreement violates the requirement in the Amended Mediation Agreement that the Development Agreement be consistent with the settlement among the parties. Therefore, I hereby request copies of all documents related to the developer's application or request for a hearing on this matter and further request that I be notified of any meetings or hearings in this regard. As you know, the Court has retained jurisdiction over the enforcement of the settlement. We are hopeful that we will not have to resort to re-opening this litigation; however, my client has grave concerns that the project, as proposed, will detrimentally affect the parking available to its customers. Please call me as soon as possible to discuss this matter in greater detail. Very truly yours, Enclosures cc: Bill Scaggs, Jr. - via facsimile: 561/620-8189 Steve Scaggs - via facsimile: 3011208-8037 TOTAL P. 02 IN THE ClRCI:rlT COURT OF THE FII~EENT~ JI. rDICIAL CIRCUIT OF FLORIDA~ IN AND FOR PALM BEACH COUNI~ CIVIL ACTION · . CA~E NO. CL 9~..8505 AG DSS PROPERTIES, LTD. aad DSS MANA~NT~ l~C. D/B/A TWO GIgORGES RESTAURAI~, C1TY OF BOYNTON BF-,ACH~ L_..~: ~,~ .._ -,: ', ~':- ........ · Defenchnt. lid MEDIATION AGRE NT wm~._m~AS, on April 3, 2000, tl~ panie~ h~o m~ to m~lia~ their ditt'~rea¢~; a~d upon win. ch mc agreement has been reached. NOW, THEREFORE, D.S.S. Properties, Ltd., end D.S.S. "CitT", h~/V' ~ as foll~,s..''~''''~ ~"~ ~ ~ of Bo~ Cit7 or City re.fi(= t~ cont~ d/cm~) wi'l/: (a) recomme~ to th~ Ci~7 Co-.-~,,_~ ,~__, ...... . . --_ on tl~ ab~onmem of C.,asa [,oma ,:~u~c,m.u, ~0% of tim 'mdt. h of which will go to each abtm/ng property wkich ~bmdom~at sh~ occur only ~ Two C.~or~es tak~ tifl~ to Pml:~er~'y;, md fo) ~r..~ ~u~___e? to ?.e. C/.~.. Commi~on d~elopmmt a~-emem; am~knm~s · ~ .,.r~a, wh/ch will be coasis~at w/th th/s a~'eement; md (¢) adm/niswafively ~pprove the use ofs,/~de~t compact car spaces to make up for The loss of four tm. L4~= ~aces du~ to "-"'"s to ~- ....... -' ,-~ma ~ouievard to th~ Two Geo~' property;, and (d) .administratively approve two curb cu~ for ramps.to acce~ th~ Two · /nd Ha//property. 2. ~R__eco. mm=d to the City Co..m~. 'on that it eisa,,-*- those port/om of tho acvciopmcm a~re~nem penai~g to public fi/its ofaccess to Casa Boulevard and the ~ referred to as the Casa Loma Ovedook. ---, .... ~ -:7" '~v~-~aswe~ascom'tmctionofancw"chiclcee-roofto obiectio- ,- -'--- g ck~ mr. ~ and/or City sla~w/ll waive the/r tmor · r--, ,,~ ~wo ~or~ can obtain all other necessar~permits fi'~m ~ovenuncntal entities w/th jurisd/~on over file uae of this ~ and thc Hall's dd/t ~_~M,,g opcl~/on (one boat on/y) are valid non-co~ uses. Two ~-~h~l! submit a~e rot lingo, s= ofmt~~ the ~,ts of the val/d I~ t./"'-- ---' "'- - s drift fid~g op~on (one boat only) shall immedia~ly ,~pmvm paining o~ tt~ mx lots owned by Two C~or~ south of~ Boul~ard tO m~t; · . . . _ . C/~Cod~ 1=o'~ ~~., dm/nS comwuc~on ofz~mv ,~. l,oma tl~ _ __ C~ fn~ init/aun~ an o~o,~ ~ or asmcmed busa~a fail to use the off-site pagd~ 1o~ ~ ualess altemae park~ is provided on site or off-site in accordan~ with Ci~par~ns~ ---- ~ ~om all permi~ asmcica' ;..h,a;.g the City, withj~ction over p~kin& ~ i~ ~ i~ ~m:h/i~l wi~h ~he provision oftl~ specified number of p~king spac~ on d~ lot~ somb of Ocean Boulevard. Thh l~'ovisio- may only be used for ~e cor~'truction ora deck and may not bc credited agai~ o~-proposed uses on u~c dm. ~ia ~ W~I1 ~ Two Georges a non---' ...... · · CanLomaBouievard · · cbns~ _ portion which ,-,,----- -,--.. . which i~ shil own withom tho consent of Two r----.~ ~ ~ .or sim pm~l :l]~Ol:LtliCatiOO. o~1.~). - pisa (0o~ iz~ludi~ labI~ wasa may 1/17/00 si~ pia~ --- -",-,,y, which 15 fee~ is I ' ' , m'o~-nv ~,,,_ .......,.- ..... ocaledimmedia~eiy North ofGarcia s North '---~ --" -- '""'"urn ou um almched drawing. · buildia~ ~o ~a, S ·, · provzded Gaza's ~ ..... ~ omb ot'Gamia s North Property line, ,~'~lopme~ appmv~ am not adversely affec~t, all as outlined 3 on th~.attached draw/n~ wh/ch ~ shall not [m~hib/t dock user~ fi'om use the easemen~ az~a as part of thc proposed"Boynton Prorne.~ie", to which tl~ publ/c shall have Two George~ Grant Cramia a non~ciusive reciumcai n~ ~nm~s and ~ ,,,,,,,~, ,,uaucmnce an~ consmzciion easement for that portion of Casa Loma Boulevard which shall be owned by Two ~ a~d Two Georges a~reea no~ change that portion of Casa Loma Boulevard.which it shall own without the comcnt of Crarcia, which cons,~t ~h,,~ not be unteaso~ly withheld. Funhcrmore, Two G~r~ will sra~ to the public li~ nonczciusiw risht ofia~ss onthe UI?/O0 s/re plan. ARer ce~zucg~m Two ~ shalI pay one half'the cost ofmahat, m~ of Casa rom Bo~.m~ Any farine application by Two Geori~ t° amend the aPPraved Site Flan in ammmer whi~ alters the dmign of A~r,~ m tl~ ~~"~on oftl~ t~nm~n/an/~ Lo~a Ov~/ook ~how~ on impn,ve~ue~ of~ Casa t~.~, Ovadook, ~ pavers, hndscap~ and lighting and-~-~! pay $0% of the cost of the associated seawall (wkich seawall cost was ~ I 0,629), less a credit of $1,300, all of which shatl be paid to the City within ggrty 00) daY~ of~ ora ceIliflcd enl~eerin~ eslimate and paid fo. Crarcia by aty upou compl~ion of such impm~~ All pmies wile 4 Ali 1~. ~hall hear zh~ Qwn corn and xta:o~ f~ h ~c h~ ~ ~ ~~ ~ ~a ~O ~0~ ~~ CITY OF BO~NTON ~ I~ IN Tile C. IRK~ COURT OF THE JUDIC. J.ad= CIRCUIT OF ~ORIDA. ~ P~ B~CI! COU~Y. CIVIL A~ON D~S PROP~. L~. ~d ~n~E NO. ~L ~-8505 ~ MANAG~E~. INC. D/B/Av ~~ ~iffs. ORD~ AND &~ ~h~l I~ ~' Sd~la~ ~ ~. ~. ~ ~ this ~ymon ~, FL 334g -" Z "~ ~' ~wnt~m '?~'~ . ~m~vnrd, ~ol completion irnprovemenls depicted on the Site Plan; a/I of (b) DEVELOPER giving writlen notice to the CiTY of abandonment of the SITE PLAN. It is acknowledged that minor modificalions of the SITE PLAN or expans[ons of the PROJECT. approved by the CITY. shall not be deemed an abandonment. g.,?~ DEVELOPMENT U_SE~S. ~?"~e following uses have been approved by lhe City Commission: X(~,/.~ O 29,302 square feet of two-story office/retail floor ama. ~.~ F~, Two public restaurants with a combined area of 12.830 square feet. ~i~l sales. 4 ?~_~',lVlarirm slips, 2 of,which shall be designated for the exclusive use of t~ of Boynton Beach for Police/Manne Patrol purposes. 5. A~it residential apartment building of 8 stories or less, not to exce~eet in heJghl and no more than 229 residential un~. 7. DEVELO provide a minimum of 505 parking spaces, 207~ of · ~. 'i wh~c,h must b~! and unreserved for public use (Of lhese 207 spaces, 59 are o~.'..,.~oma Boulevard and N.E. 6~n Sheet. The Cily ' k~ward his oUigaUon ~'~.'.~,~"",~Nothing herein shall prohibit Ih, City from metering or' pmvi~i~'"~ restrictions on those parking spaces Ar tim .~us~ 3. 19~) Cky Coronation m,:efim~l~ra[guam to LDR. Clmpk'r. 2 Zonin?_ D.4.d.(~_) Ibc City CommLs.sion rcdaced the requircd public ~.,~..~, spaces ~o 207. 5 TOTAL. P. 88 XI. - NEW BUSINESS ITEM A. CITY OF BOYNTON BEA AGENDA ITEM REQUEST 29 h: 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 [] April 1, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31,2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Bnsmess RECOMMENDATION: Approve the Special Event Permit request for Shepherd/Pearsall rehearsal dinner at Mangrove Walk at the Marina on August 1, 2003. EXPLANATION: Sarah Shepherd has completed a Special Event Permit application for this event. The application was reviewed and approved by the Fire Department, Police Department, Department of Development, Risk Management, Public Works and the Recreation and Parks Department. Approximately 50 people will attend. The Recreation Department recommends approval of the Special Event Permit; City Commission authorization is needed in accordance with ordinance #098-37, due to alcohol being served at this event. PROGRAM IMPACT: The rehearsal dinner will be conducted at the pavilion. Guests will park adjacent to the park property. There should not be a negative impact on the park use other than access to the pavilion. FISCAL IMPACT: Application and permit fees in the amount of $40 have been received. ALTERNATIVES: Since the applicant has addressed the comments and has received approval from each departmem, and there is no significant impact on surrounding properties, no other alternatives are recommended. Department Head s Signatu~ '// ' ' (~ity Manager's Signature Recreation and Parks Department Name City Attorney / Finance / Human Resources S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC CITY OF BOY'NTON BEACH APPLICATION FOR SPECIAL EVENTS Page 1 of 3 Please type information or print legibly in dark ink. Application must be filled out completely. A detailed site map showing all temporary structure locations (stages, resU'ooms, signage, tents, etc.) must be attached. Application fee must also be included wher application is turned in to the Recreation Department, or it will not be reviewed. EVENT PROPOSAL Requested location of event ~f'~v'~cAVO'J~- ¥0c~, ~ ~ ~ ~~ Alternate location of event - ~ - Dates ~d times of ~e event 0 ~ - ~ ~ ~ ~ ~ ~ Date. Day Begin End Event Day 2 ' O AM O PM O AM O PM Event Day 3 O AM O PM ~ O AM O PM Event Day 4 ~ O AM O PM O AM O PM Event Day 5 O AM O PM O AM O PM Set up for event wili begin on [ Date O~ /01 /0 ~ } Time 10 ~0~ ~ Bre~do~ will be complete by [ Date O~ ] 0 t / ~ ~ ~ Time ~(~ ,. ~ ~ ~ Alternate date for your event ~ / ~ Org~i=~on (s) Producing Evmt: Address 9~9~ ~nt~e'~ C~'~ Address ~ I~ ~- ~eeT Stat~Zip ~l~d~ ~~ ' S~t~Zip ~ ~la~cl~ ~~ Phone ~ ~ . ~q~.~ Phone ~l- ~ - ~ -- ~ of full time stuff memb~ in the org~ization ~ of ~11 time stuff members m the org~ization ~ of voluntee~ in the o~i~tion ~ of voluntee~ in the organization Individual(s) R~nsible: Address ~ I~ ~ ~~ Address q53 q ~O~ C~- Phone ~ _~ - ~%~ Phone ~t- ~-~q~ F~ F~ Non-P~fit, P~vate or Co~i~ ~ T~ Exempt Numb~ ~ Co~oration N~e ~ Date of lnco~omtion (Ple~e aRach a copy of your sales t~ certificate to the application) ~ Number of years this event has taken place in the City of Boynton Beach: Is event produced in other cities? ~/~s' If yes, what cities.'? Estimated number of participants ~0 - 60 O. f ? TO X CITY OF BOYNTON BEACFI APPLICATION FOR SPECIAL EVENTS Page 2 of 3 Please list charges for particip, ants and viewers below (admission, registration or enlrance fees): Vendor Fre~ Number Cost Per VendQr Food Vendors ~ An Vendors (other) ~ ~) Tickets/Registrat~Qn Number Cost per Estimated Revenue Adults Ticket/Registration Fee Children l~ ! 0 Seniors / ~ How will these revenues be utilized? ~J~ / If the proceeds of the requested event are intended for an organizazion other than the applicant, please provide the following information: Benefiting organization: ~.~ /~ / A Address: ~ City/State/Zip: Contact P~rson: ~ Phone: Terms of ABra'merit: Total E~mated Donation: Will your event require ro~l clo~re? ~1 0 If yes, please de.,mbe requested streets and times below: A map of this area must be attached. proposed area include fenced areas? /~/~ If'yes, clearly indicate the exact areas to be fenced on the map. There Does the are specific requiremems regarding fencing on city property. Will event require the use of electricity? OYESONO Location: Events requiring electricity must hire an electrician, licensed in the City of Boynton Beach. (Please sh~ locations on map) Name of Electrician Company Name Phone No. The event promoter is responsible for clean-up of ali event sites. The City of Boynton Beach will provide dumpsters for your event at your request All dumping fee~ will be charged to the promoter by the city. If event site is not cleaned thoroughly, a clean-up charge will be assessed. Who will provide clean-up service during and after the event? Company: ~l~e - f~bt~"~'O '~,~,j ~[~ C~¥L~X~ L'I ~Phone: Number of dumpsters needed: I~ Location (please show on map): Number of temporary restroom fa:ilities being placed: Y'IOWe., -- /A~.ee~l~ (The minimum number of facilities should be one per 200 p,;-/sons. Please show on locations mal~l Will music be provided ~Y£SONO Number of loud speakers: ~,. V~C~ / DATE TIME OF DAY TYPE OF MUSIC ~/ill food and/or beverages be served? · YES 0 NO · Alcohol · Food (Please indicate the locations of these area.~booths on the site ma~. Permission to .~il alcohol on public property must be given by the City Commission.) I0 CITY OF BOYNTON BEACH APPLICATION FOR SPECIAL EVENTS Page 3 of 3 Are you utilizing public transl~rtation? C) YES O NO How? Please explain. Are you proposing to place signs or erect banners? 0o%~-,,c ~oc:t',. r-c~ , ~ YES O NO (Indicate their location on site map) - Will any temporary structures be erected (stages, tents, ticket booths, etc? O YES ~) NO (Indicate their locations on site map) Will the event have any vendors or concession sales? O YES O NO Please indicate Will the event include amusement rides? O YES · NO If yes, company providing the equipment What amusement rides are planned? (All amusement rides must be approved by the state. Please indicate on site map) Please enclose the appropriate non-refundable application fee payable to The City of Boynton Beach Recreation Department P.O. Box 310, 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425-0310 FOR STAFF USE ONLY O SALES TAX CERTIFICATE ~APPLICATION FEE RECEIVED: AMOUNT: $ APPROVALS: PLANNING & ZONING DIVISION SIGNATURE DATE BUILDING DIVISION SIGNATURE DATE FIRE DEPARTMENT SIGNATURE DATE POLICE DEPARTMENT SIGNATURE DATE RISK MANAGEMENT DATE SIGNATURE 11 TEL NO.2 Nag 09,03 8:51P.O1 XI. - NEW BUSINESS ITEM B. To: Janet Prainito, City Clerk From: Commissioner Carl McKoy Re: Addition To Agenda Date: May 9, 2003 I would like to have an item addedto the agenda for the May 20~ commission meeting. Under new business please include a discussion on the informational item I brought before.the commission during our May 6~ meeting. During last Tuesday's meeting one of our commissioners indicated he did not have to respond to how he represented himself at a WorkForce Alliance Board Of Directors meeting held March 20a. It is the responsibility of this commission to make sure all city business is conducted in a proper manner. I have to wonder and question if the commissioner who spoke to the WorkForce was improperly conducting city business. Thanks for your immediate attention to this matter. XI. - NEW BUSINESS ITEM C. CITY OF BOYNTON BE,t AGENDA ITEM REQUEST o avl 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 [] April 1, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Discussion of proposed Ordinance regarding a procedure for con£uxnation of board member qualifications, and direction to move forward for First Reading at June 3rd Commission meeting. EXPLANATION: This proposed Ordinance is placed before the Commission for discussion under new business. There is currently no published procedure in place for conf'u'Tnation of qualifications for applicants for board membership. This ordinance would set forth a procedure for confirmation of applicant board qualifications, and also provide written procedure for grounds for removal from boards. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: Department Head's Signature City Manager's Signature Department Name City Attor~/-l~4inance / Human Resources S:'d3ULLETIN~ORMSLAGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 03- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 2 ADMINISTRATION, SECTION 2-16. REGARDING CITY BOARD MEMBERS QUALIFICATION; CREATING A NEW SUBSECTION (g) SETTING FORTH PROCEDURES FOR CONFIRMATION OF APPLICANTS AND BOARD MEMBERS QUALIFICATIONS; PROVIDING GROUNDS FOR REMOVAL FROM BOARDS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the qualifications of board members is an issue of great importance to City Commission; and WHEREAS, the City currently has no published procedure for confirmation of fications; and WHEREAS, a procedure for confirmation of qualifications will enhance the integrity boards by reducing the risk of misrepresentation of qualifications; and WHEREAS, upon the recommendation of staff, the City Commission deems it to be in the best interest of the citizens and residents of the City to amend Chapter 2. Section 2-16 to set forth a procedure for confirmation of qualifications for board membership; and; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF ~IE CITY OF BOYNTON BEACH, THAT: Section 1. The foregoing whereas clauses are true and correct and are now ratified by the City Commission. Section 2. That Chapter 2. "Administration" Section 2-16. is hereby amended by a new subsection "(g)" as follows: Sec. 2-16. City boards and commissions; minimum qualifications for appointments, membership. :\CA\OrdinancesXAdministxative\Sec 2-16 - Board Qualifications Confirmation.doc 1 (a) in order to qualify... (g) No person shall be appointed to a City Board without the person first submitting an application for appointment. No application for appointment shall be considered by the City Commission until the application form has been fully completed and signed by the applicant. All applications for appointment to a City Board shall be on a form authorized by the City Commission. The City Clerk shall review all applications for completeness prior to submitting them to the City Commissioners for consideration. Prior to appointment, a City Commissioner may request written confirmation of the qualifications listed by any applicant for appointment. When a request for confirmation of the qualifications is made by a City Commissioner prior to appointment, the appointment shall be delayed until the information requested is submitted and made available to the members of the City Commission. No person shall be appointed to a City Board when that person is unable to substantiate the qualifications listed on their application. A member of the City Commission may request written confirmation of qualifications of a person who has been appointed by the Commission to a City Board. A request for confirmation shall be made by the City Commissioner to the City Clerk. The City Clerk shall make written request to the Board member. A copy of the Clerk's written request shall be provided to all members of the City Commission. Except as otherwise provided by law, a Board member who does not submit documentation of the qualifications listed on the Board member's application for appointment within thirty (30) days of receipt of the Clerk's written request, or who submits documentation which contradicts, negates, or fails to substantiate the information listed on the Board member's application shall automatically be removed from their Board position. A person who is removed from a City Board pursuant to the procedures set forth in this section shall not be subject to reappointment to any City Board for a period of thirty-six (36) months. Section2. Each and every other provision of Chapter 2 of the Code of Ordinances of the City of Boynton Beach not herein specifically amended shall remain in full force and effect as previously enacted. Section 3. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 4. Should a ny se ction o r provision o f t his ordinance o r p onion hereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be S:\CA\OrdinancesXAdministrative\Sec 2-16 - Board Qualifications Confirmation. doc 2 such decision shall not affect the remainder of this ordinance. Section 5. Authority is hereby granted to codify said ordinance. Section 6. This ordinance shall become effective immediately upon passage. FIRST READING this ~ day of ., 2003. SECOND, FINAL READING AND PASSAGE this day of~ ,2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ;T: City Clerk (CORPORATE SEAL) S:\CA\OrdiuancesXAdministrative\Sec 2-16 - Board Qualifications Confirmation.doc 3 III. - LEGAL CITY OF BOYNTON BEACi ITEM A. 1 AGENDA ITEM REQUEST FO .... 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 [] April 1,2003 March 17, 2003 (Noon.) [] June 2, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31,2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the May 20, 2003 City Commission Agenda under Legal Ordinances - Second Reading. The City Commission with a unanimous vote, recommended that the subject request be APPROVED in anticipation of text being added to the ordinance for Second Reading to exclude undesirable and unregulated uses that might otherwise be included. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-078. EXPLANATION: PROJECT: Indoor Recreation Facilities/Athletic Competitions (CDRV 03-002) AGENT: City Initiated LOCATION: C-3, Community Commercial and C-4 General Commercial Districts DESCRIPTION: Request to amend the Land Development Regulations: 1. Chapter 1. Definitions, by adding definitions for: "Athletic Competitions", "Amusement Arcade", "Billiard Hall", "Bowling Alley", "Gynmasium/Health Club", "Shooting Range, Indoor", "S .kating Rink"; and 2. Chapter 2. Zoning, Section 6.C. 1.m, by adding "Athletic Competitions" as a conditional use and creating separate use groups for indoor recreation uses and outdoor recreation uses. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A __ Devel.bI~tne~[ D~o~'nt D~r&ctor City Manager's Signature ~ w 'Planning and~oning Directo'~'--- City Attorney / Finance / Human Resources J:XSHRDATAXPlanningXSHARED\WP~SPECPRO.IXCODE REVIEW'~ndoor Recreation Facilities-Athletic Competitions\Agenda Item Request Indoor Rec Fac. Athletic Comp 2nd readingCDRV 03-002) 5-20-03.dot ORDINANCE NO. 03- t~/~' THE C TY COMM SStON OF THE CITY OF BOSTON BEACH, FLORA ~E~G C~TER 1, GE~ PROVISIONS, ~TICLE n, OF THE L~ DEVELOPMENT ~G~ATIONS PROVinG FOR ~DITION~ DEF~TIONS; ~E~G C~TER 2, ZO~G, SECTION 6.C.l.m TO DIST~G~SH BETWEEN ~OOR ~ OUTDOOR ~C~ATION~ FAC~IT~S USES ~TH~ THE C-3 DIST~CT; PROVinG FOR CO~LICTS, SEVE~ITY, COD~ICATION ~ ~ EFFECTWE DATE. the CiW Co~ission, upon reco~endation of staff, h~ dete~ined ] WHE~AS, that it is necess~ to cl~ the Code of Ordin~ces to include additional deflations of certain uses in co~ection with recreational facilities ~d to set fo~h more specific cfite~a for recreational gacilities to be included ~ peri,ed ~es m the C-3 Co~~ :ommercial District; WHEREAS, at its meeting of April 8, 2003, the Community Redevelopment Agency of the City of Boynton Beach, Florida, recommended that the City Commission amend these sections of the Code in the City's Land Development Regulations for purposes of clarification uniformity; and WHEREAS, at its meeting of April 22, 2003, the City of Boynton Beach Planning md Development Board recommended that the City Commission amend these sections of the Code in the City's Land Development Regulations for purposes of clarification and uniformity; and WItEREAS, the City Commission of the City of Boynton Beach concurs with the Planning and Development Board and finds that these code revisions are necessary and will inure to the benefit of the citizens of Boynton Beach; and NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: S \CA\Ordinanc.~L.DR ChansesXRecrea~ional Facilities.do~ Section 1. The foregoing whereas clauses are axte and correct and are now ratified and confirmed by the City Commission. Section 2. That Chapter 1, General Provisions, Article II, Definitions, of the Land Development Regulations of the City of Boynton Beach is hereby amended by adding the ~vords and figures in underlined type and by deleting the words and figures in struck-through type, as follows: ARTICLE II. DEFINITIONS. ATHLETIC COMPETITIONS - A.~mt.e~- ~ pr.o.f~ional-~ent, s4n~l~4i~g,-b~t-net [iraited -t~ be~ei~g,--c4~eed _eeel__~ dancer ~rm~ast~e~ .m.a~at-a~r ~',w~ Any (1) amateur and professional cheerleading, dance and gymnastics event, or (2) any amateur or professional event, which involves physical contact between the participants, provided the event is a sporting event recognized as aa Olympic sport by the United States Olympic Committee. AMUSEMENT ARCADE - A commercial establishment containing four {4) or more video gaming, pinball, or similar player-operated amusement devices, in any combination. BILLIARD HALL - A commercial establishment containing more than two pool or billiard tables for the use of patrons. BOWLING ALLEY - A commercial establishment that devotes more than fifty percent (50%) of its gross floor area to bowling lanes, equipment and ancillary public areas. GYMNASIUM/HEALTH CLUB - An establishment designed and equipped for the conduct of sports, exercise, leisure time activities, or other customary and usual recreational activities and operated either for profit or not-for-profit. SHOOTING RANGE, INDOOR - A facility designed or used for shooting at targets with rifles, pistols, arrow, or shotguns, and which is completely enclosed within a building or structure. SKATING RINK - A commercial establishment that provides facilities for participant ice or roller skating which is completely enclosed within a building or structure. Section 3. That Chapter 2, Zoning, Section 6.C.l.m of the Land Development S: \CA\Ordinances~L.DR ChangeskR. ecreationat Facilities. doc tlations of the City of Boynton Beach is deleted in its entirety and replaced with the following: Sec. 6. Commercial district regulations and use provisions. C. C-3 COMMUNITY COMMERCIAL DISTRICT. These district regulations are to encourage development of appropriate intensive retail commercial facilities providing a wide range of goods and services, located centrally and accommodating three (3) or four (4) neighborhoods and located adjacent to at least one major thoroughfare. 1. Uses permitted. Within any C-3 community commercial district, no building, structure, land or water shall e used except for one (1) or more of the following uses: a. Any use permitted in C-1 or C-2 districts, without specific limitation on floor area. m. Recreational facilities: i. Indoor recreational facilities, including nightclubs*, bowling alleys, billiard halls, health clubs/gymnasiums, shooting ranges (indoor only), skating rinks, and amusement arcades. B ars/lounges and musical entertainment and athletic competitions* shall also be accessory to the principal uses described in this section. Indoor recreational facilities other than those which are listed above shall be conditional uses(*)., ii. Outdoor recreational facilities, including, but not limited to, golf courses, miniature golf courses, tennis clubs and t he 1 ike. Racetracks, g o-cart t racks, a nd water slides shall be prohibited. Section 4. Each and every other provision of the Land Development Regulations not herein specifically amended, shall remain in full force and effect as originally adopted. Section 5. All laws and ordinances applying to the City of Boynton Beach in conflict with any provisions of this ordinance are hereby repealed. , \CA\Ordi~anc~s'd.l}R Changes",Re~tea/ional Fa~:ilit~s.do~ Section 6. Should any section or provision of this Ordinance or any portion 'be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 7. Authority is hereby given to codify this Ordinance. Section 8. This Ordinance shall become effective immediately. FIRST READlNG this ~ day of ./~. c[ ~ ,2003. SECOND, FINAL READING AND PASSAGE this ~ day of ., 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk S:\CA\O~.dmane. es~d..DR ChanSes'~a~re~tional Faoli~ies.d~ DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-078 TO: Chairman and Members Community Redevelopment Agency Board, and Planning and Development Board FROM: Michael W. Rumpf Director of Planning and Zoning DATE: April 2, 2003 SUB.]ECT: CODE REVIEW (CDRV) 03-002 Indoor Recreation Facilities REQUEST To amend the Land Development Regulations: 1. Chapter 1. Definit/on$, by adding definitions for: "Athletic Competitions", "Amusement Arcade", "Billiard Hall", "Bowling Alley", "Gymnasium/Health Club", "Shooting Range, Indoor", "Skating Rink"; and, 2. Chapter 2. Zon/ng, Section 6.C.l.m, by adding "Athletic Competitions" as a conditional use and creating separate use groups for indoor recreation uses and outdoor recreation uses. NATURE OF REOUEST This request is staff-generated in response to a Commission directive. The proposed amendment to the Land Development Regulations, Chapter 1 and Chapter 2 is intended to add a definition, including a list of uses, for "Athletic Competitions", and to insert "Athletic Competitions" as a conditional use into the list of permitted uses within the C- 3, Community Commercial Zoning district (Chapter 2, Section 6.C.l.m). The effect of the subject code amendment would be to allow amateur and professional competitions, such as boxing, martial arts, and wrestling, subject to conditional use approval, within the C-3, Community Commercial Zoning District. By virtue of standard zoning structure, such uses would also be construed as conditional uses within the C-4, General Commercial Zoning District (see Exhibit "A"- Locations for all C-3 and C-4 Zoning Districts with the City of Boynton Beach). BACKGROUND In .]anuary of this year, the City was requested to allow/permit professional boxing events at the Club Ovation nightclub located at the Gulfstream Plaza Shopping Center Page 2 CDRV 03-002 Indoor Recreation Facilities (3637 S. Federal Highway). The original nightclub approval, under the name of The Grand (a.k.a. Ozone), was granted by the City on October 17, 2000. The conditional use approval, however, was only for a nightclub, and since the City's Land Development Regulations do not currently allow professional boxing as a permitted use, the request was denied. ]:n presenting this request to the City, it was claimed that the Cities of Delray Beach and West Palm Beach both allow the subject boxing use. This report includes suggested code language if the Commission desires to accommodate such uses, as well as information collected on these two other cities. Since the Boynton Beach zoning code currently does not specifically allow boxing as an allowed use, and taking into consideration the zoning of the proposed location, staff reviewed the C-3, Community Commercial Zoning District for possible changes. Chapter 2. Zoning, Section 6. Commercia/distr/ct regular~ohs and use provis/ons. Section C. 1. (Uses permitted), item "m" currently reads as follows: m. Recreational facilities, including bowling lanes, billiard halls, health clubs, gymnasiums, tennis clubs, golf courses, miniature golf courses, shooting ranges (indoor only), skating rinks, and amusement halls. Recreation facilities other than those which are listed above shall be conditional uses(*). Racetracks, go- cart tracks, and water slides shall be prohibited. For clarity and simplicity, paragraph "m" is rewritten below to: l) create a separate group of uses to differentiate between indoor recreation facilities and outdoor facilities; 2) insert the new use called "athletic competitions"; 3) add provisions for bars, lounges and musical entertainment and 3) add the conditional use mark represented by the asterisk C'*'~. m. Recreational facilities: i. ]~ndoor recreational facilities, including nightclubs*, bowling alleys, billiard halls, health clubs/gymnasiums, shooting ranges (indoor only), skating rinks, and amusement arcades. Bars/lounges, musical entertainment and athletic competitions* shall also be accessory to the principal uses described in this section. ]~ndoor recreation facilities other than those which are listed above shall be conditional uses(*). ii. Outdoor recreational facilities, including qolf courses, miniature golf courses, tennis clubs and the like. Racetracks, go-cart tracks, and water slides shall be prohibited. The use "athletic competitions" is new to the City's zoning code, and therefore must be defined. ]~n addition, Staff has found that other terms used in this amendment are not Page 3 CDRV 03-002 Indoor Recreation Facilities included in the zoning code and therefore, would also recommend that the following definitions be added to the Land Development Regulations, Chapter 1, Article II. Definition~. ATHLETIC COMPETITIONS - Amateur and professional events to include but not be limited to boxing, cheerleading, dance, gymnastics, martial arts, and wrestling. AMUSEMENT ARCADE - A commercial establishment containing four (4) or more video, pinball, or similar player-operated amusement devices, in any combination. BILLIARD HALL - A commercial establishment containing more than two pool or billiard tables for the use of patrons. BOWLING ALLEY - A commercial establishment that devotes more than fifty percent {50 %) of its gross floor area to bowling lanes, equipment and playinq area. GYMNASIUM/HEALTH CLUB - An establishment designed and equipped for the conduct of sports, exercise, leisure time activities, or other customary and usual recreational activities and operated either for profit or not-for-profit. SHOOTING RANGE, INDOOR - A facility designed or used for shooting at targets with rifles, pistols, or shotguns, and which is completely enclosed within a building or structure. SKATING RINK - A commercial establishment that provides facilities for participant skating which is completely enclosed within a building or structure. ANALYSIS Entertainment-type uses are currently limited to "nightclubs" and "theaters and auditoriums" within the C-3, Community Commercial Zoning District, and "Arenas, stadiums, frontons, convention and exhibitions halls, and racetracks provided that all such uses have a minimum frontage of two hundred (200) feet on a collector or arterial road.." within the M-l, Industrial District. Except for "theaters and auditoriums" within the C-3 district, all other uses listed above require conditional use approval. Chapter 2. Zoning, Section 11.2 Cond/t/ona/uses, defines a conditional use as: "...a use that would not be appropriate generally, or without restriction, throughout a zoning classification or district. Such uses however, if controlled as to area, location, number, or relation to the neighborhood, would promote public appearance, comfort, convenience, general welfare, good order, health morals, prosperity, and safety of the Page 4 CDRV 03-002 ~[ndoor Recreation Facilities Conditional uses are reviewed against the twelve criteria listed in this same section, and facilitate the application of special conditions or requirements to ensure that any external impacts from the proposed use are considered and ameliorated. For comparison, staff surveyed local governments to obtain their respective regulations. Delray Beach The City allows boxing events in privately operated stadiums and arenas, which are permitted as a conditional use in the Community Facilities (CF) zoning district. This district also allows governmental facilities and buildings, civic centers, cultural facilities, tennis centers, museum and swimming centers. (City staff could recall one boxing match being held at the City's Tennis Center.) West Palm Beach Occasional competitions require a "Special Events" permit. Permanent structures housing those competitions are classified as Recreation, ]:ndoor, which is not defined in the code. The use is "permitted with extra requirements (PXP)" in the Professional Office/ Residential zoning district, and "permitted" in the Airport Commercial, Neighborhood Commercial, General Commercial and Industrial zoning districts. Neither of the cities cited by the applicant and contacted by staff, specifically address boxing as a permitted or conditional use. Each considers the permitted facilities, which would be expected to host a variety of events that may include boxing, to be sufficient. RECOHHENDATION Staff recommends the adoption of the proposed amendments to the land development regulations as the minimum changes necessary to allow amateur and professional competitions, such as boxing, martial arts, and wrestling, subject to conditional use approval, within the C-3, Community Commercial Zoning District. By virtue of standard zoning structure, such uses would also be construed as conditional uses within the C-4, General Commercial Zoning District. Exhibits S:\Planning\$HARED\WP\SPECPRO.I\CODE REV[EW~Indoor Recreation Facilities-Athletic CompetJtions\CDRV Staff Report.doc Location Map EXHIBIT"A" C3 and C4 Zoning Districts CDRV 03-002 / / / WOOLSRIGHT RD ____. GOLF' / - / / / EXHIBIT "B" Chapter 1. Article II.-Definitions. ATHLETIC COMPE'FFI-[ONS - Amateur and professional events to include but not be limited to boxinq, cheerleading, dance, gymnastics, martial arts, and wrestling. AMUSEMENT ARCADE - A commercial establishment containing four (4) or more video, pinball, or similar player-operated amusement devices, in any combination. BILLIARD HALL - A commercial establishment containinq more than two pool or billiard tables for the use of patrons. BOWLING ALLEY - A commercial establishment that devotes more than fifty percent (50 %) of its gross floor area to bowling lanes, equipment and playing area. GYMNASIUM/HEALTH CLUB - An establishment designed and equipped for the conduct of sports, exercise, leisure time activities, or other customary and usual recreational activities and operated either for profit or not-for-profit. SHOOTING RANGE, INDOOR - A facility designed or used for shootinq at targets with rifles, pistols, or shotquns, and which is completely enclosed within a buildinq or structure. SKATING RINK - A commercial establishment that provides facilities for participant skatinq which is completely enclosed within a buildinq or structure. Section 3. That Chapter 2, Zoning, Section 6.C.l.m of the Land Development Regulations of the City of Boynton Beach is deleted in its entirety and replaced with the following: Sec. 6. Commercial district regulations and use provisions. C. C-3 COMMUNITY COMMERCIAL DISTRICT. These district regulations are to encourage development of appropriate intensive retail commercial facilities providing a wide range of goods and services, located centrally and accommodating three (3) or four (4) neighborhoods and located adjacent to at least one major thoroughfare. 1. Uses permitted. Within any C-3 community commercial district, no building, structure, land or water shall e used except for one (1) or more of the following uses: a. Any use permitted in C-1 or C-2 districts, without specific limitation on floor area. m. Recreational facilities: i. ]:ndoor recreational facilities, includinq nightclubs*, bowlinq lanes, billiard halls, health clubs, gymnasiums, shooting ranges (indoor only), skatinq rinks, and arcades and amusement halls. Bars/Iounqes, musical entertainment and athletic competitions*shall also be accessory to the principal uses described in this section. /ndoor recreation facilities other than those which are listed above shall be conditional uses(*). ii. Outdoor recreational facilities, including golf courses, miniature clolf courses, tennis clubs and the iike. Racetracks, go-cart tracks, and water slides shall be prohibited. .1: \SH ROATA\PLAHN [NG~SHA,q. ED\WP~PRO]ECT'~HAI:~NA\CD RV 03 -00 ].\CDRVS'T'AFFREPT.DOC Xll. - LEGAL ITEM A.2 CITY OF BOYNTON BE$ AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetina Date~ in to City Clerk's Offic; Meetina Dates in to City Clerk's Offic~ [] April 1, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31,2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) r ,.. May 6, 2003 April 14, 2003 (Noon) . L_~ July 1, 2003 June 16, 2003 (Noon) ~ May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] Cio/Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Approve amendment to Code of Ordinances, Chapter 9, "Fire Protection and Prevention" adding language specific to the prohibition of pyrotechnic and similar devices m braidings and other enclosed areas. EXPLANATION: This ordinance enhances the "Fireworks" provision in the code and addresses a need highlighted by recent tragedies involving pyrotechnic use in non-regulated settings. PROGRAM IMPACT: Program impact is limited to enforcement criteria that is already in place. FISCAL IMPACT: None ALTE/~/ATIVES: Do not approve this request. ~ - Depart~eni He~d~ignatute ignature Department Name ~-- Cio/Attorr~)//Finance / Human Resources S:~BULLETfN~ORMS~GENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 03- ~ I"'/ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 9, "FIRE PROTECTION AND PREVENTION" OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH, BY AMENDING SECTION 9-18, "FIREWORKS" TO PROVIDE FOR PROHIBITION OF THE USE OF PYROTECHNIC SPECIAL EFFECTS, FLAME EFFECTS OR SIMILAR DEVICES INSIDE BUILDINGS OR OTHER ENCLOSED SPACES; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTWE DATE.. WHEREAS, the Fire and Life Safety Division of the Fire Rescue Department 'and the City Commission has determined that the prohibition of pyrotechnic special effects, flame effects or similar devices inside buildings, tents or other enclosed spaces ~romotes the health, safety, and welfare of the residents of Boynton Beach; and WHEREAS, the City Commission has also determined that it is in the best interests of the citizens and residents of the City of Boynton Beach to amend the Code of Ordinances to prohibit the use of pyrotechnic special effects, flame effects or similar !devices inside buildings, tents or other enclosed spaces. 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 are now ratified and confirmed by the City Commission. Section 2. That Chapter 9. Article II, Fire Codes and Fees. is hereby amended by creating a new subsection (k) by adding the words and figures in underlined type as follows, and renumbefing/relettering the existing subsection (k) to subsection (1): $:\CA\Ordinances\Fire - Chapter 9\fireworks -pyrotech prohibition,rtf 9-18 (k) The use of pyrotechnic special effects, flame effects and/or similar devices inside buildings, tents, structures and/or other enclosed spaces ]~ prohibited. Flame effects include, but are not limited to, batons, and/or torches fueled by liquid, solid or gaseous fuels~ flame proiectors which produce heat effects and/or flames~ flash powders composed of fuel(s) and oxidizer(s)~ flares and similar devices. Pyrotechnic special effects include~ but are not limited to, chemical mixtures used in the entertainment industry to produce visible, audible, or thermal effects by combustion, deflagration or detonation. ,~-,f~'~ (!) Any violation of this section shall subject an offender to arrest... ] Section 3. Each and every other provision of Chapter 9. Fire Protection and not herein specifically amended, shall remain in full force and effect as Section 4. All laws and ordinances applying to the City of Boynton Beach in with any provisions of this ordinance are hereby repealed. Section 5. Should any section or provision of this Ordinance or any portion declared by a court of competent jurisdiction to be invalid, such decision shall affect the remainder of this Ordinance. Section 6. Authority is hereby given to codify this Ordinance. Section 7. This Ordinance shall become effective immediately. FIRST READING this (~ day of b'l e3,,/ ,2003. / :XCA\Ordinances\Fire - Chapter 9\fireworks -pyrotcch prohibition.rtf SECOND, FINAL READING AND PASSAGE this ~ day of , 2003. CITY OF BOYNTON BEACH, FLORIDA Mawr Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk t S:\CA\OrdinanceshUire ' Chapter 9\fireworks -pyrotech prohibition.rtl ' XTT. - LEGAL ri'Eh1 B.1 CITY OF BOYNTON BEA( AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetina Dates in to City Clerk's Office Meetina Date~ in to City Clerk's Office [] April 1, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1,2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) · [] Administrative [] Legal ) NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing " [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to approve this ordinance, which addresses those areas of the LDR that were not addressed by Ordinance No. 02-033 EXPLANATION: The City Commission previously approved Ordinance No. 02-033 on August 20, 2002, which amended (in part) Part III of the City Code of Ordinances establishing the City Engineer position, transferring certain technical functions to that position, as well as deleting obsolete language, clarifying existing provisions and upgrading certain requirements in the City's Land Development Regulations (LDR). Although numerous upgrades were made to said Part III, some areas of the LDR inadvertently were not addressed. This proposed ordinance addresses some of those areas, primarily as they relate to the issues of the off-street parking, platting, the land development permit, landscaping and other technical services to be provided by the Engineering Division of the Department of Public Works. PROGRAM IMPACT: Continuance to upgrade certain provisions of the LDR. FISCAL IMPACT: None ALTERNATIVES: Certain inequities and inconsistencies continue to exist in the LDR. /' J/Jeff)rev R. ~v~g~l,,.~ctor City Manager's Signature Public Works Department/En~ineerinl~ Division Department Name City Attorney / Finance / Human Resources SABULLETIN~ORMS~GENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 03- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLOR[DA, AMENDING PART ffl, OF THE CITY OF BOYNTON BEACH CODE OF ORDINANCES, ENTITLED, "LAND DEVELOPMENT REGULATIONS", TO PROVIDE FOR THE CITY ENGINEER TO TAKE ACTION WITH RESPECT TO TECHNICAL SERVICES PROVIDED BY THE ENGINEERING DIVISION OF THE DEPARTMENT OF PUBLIC WORKS AS INDICATED IN EXHIBIT "A" ATTACHED HERETO; AND AMENDING PART III TO PROVIDE FOR THE DELETION OF OBSOLETE LANGUAGE, AND CLARIFICATION OF EXISTING PROVISIONS AS INDICATED IN EXHIBIT "A" ATTACHED HERETO INCLUDING PROVISIONS RELATING TO OFF STREET PARKING, PLATTING OF PROPERTY, LAND DEVELOPMENT PERMITS, LANDSCAPING AND TECHNICAL SERVICES TO BE PROVIDED BY THE ENGINEERING DIVISION OF THE DEPARTMENT OF PUBLIC WORKS AND THE PROCESSING OF APPLICATIONS FOR PERMITS AS INDICATED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WI-IEREAS, the City Commission for the City Of Boynton Beach, Florida ("City Commission") adopted Ordinance Number 095-02 on April 4, 1995, that revised and :onsolidated the City's regulations governing the use and development of land and property thin the City, in the best interest of the City, its residents, property owners, and visitors; and WI:IE~, the City Commission revised and consolidated the City's Land Development Regulations ("LDR's") into a comprehensive part of the City Code of Ordinances for ease of use and reference, as stated in Part 3 of the Code of Ordinances of Ordinances of the City Of Boynton Beach, Florida; and S:\CA\Ordinances\LDR ChansesXdraft LDR Ord 050803.rtl WHEREAS, certain LDR's which established criteria, standards and specifications require periodic amendments; and WHEREAS, certain segments of the LDR's which require determination for the ~ssuance of permits, signed statements, and permit approval are issued, signed and approved by the Development Director; and WItEREAS, the City Commission, in conjunction with the City Administration, created the Department of Engineering, effective October 1, 1999, to be headed by an Engineering Director; and WHEREAS, the City Commission, in conjunction with the City Administration, realigned the Department of Engineering into being the Engineering Division of the Department of Public Works, effective October 1, 2002, to be headed by the City Engineer; and WHEREAS, the City Commission adopted Ordinance Number 02-033 on August 20, 2002, that revised numerous requirements of the LDR's as they then existed, requiring certain approvals, determinations, and directives, associated with technical services, to be issued by the City Engineer; and WHEREAS, other requirements of the LDR's as they currently exists, require certain approvals, determinations, and directives, associated with technical services, to be also issued by the City Engineer. NOW TItEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, THAT: Section 1. That Part III, entitled "Land Development Regulations" of the Code of Ordinances of the City Of Boynton Beach, Florida, be, and the same is hereby amended to S:\CA\Ordinances\LDR Chanses~drafi LDR Oral 050803.rtl that the title, "City Engineer" shall be inserted throughout Part III as indicated in ~it "A" which is attached hereto, and incorporated herein by reference. Section 2. That Part III, entitled "Land Development Regulations" of the City of Beach Code of Ordinances, be, and the same is hereby amended so as to designate actions associated with technical services provided by the Engineering Division of the )artment of Public Works, shall be performed by the City Engineer and not the Director as indicated in Exhibit "A" which is attached hereto, and incorporated by reference. Section 3. That Part III, entitled "Land Development Regulations" of the City Of Beach Code of Ordinances, be, and the same is hereby amended to provide for the deletion of obsolete language, clarification of provisions, renumbering, and relettering of Part Ili, "Land Development Regulations" of the City Of Boynton Beach Code of Ordinances, as indicated in Exhibit "A' which is attached hereto and incorporated herein by reference. Section 4. Each and every other provision of the Land Development Regulations of the Code of Ordinances of the City Of Boynton Beach not herein specifically amended shall remain in full force and effect as previously enacted. Section 5. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. Section 6. Should any section of any provision of this Ordinance or portion hereof, any paragraph, sentence, or work be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 7. Authority is hereby granted to codify this Ordinance. Section 8. This Ordinance shall become effective immediately upon passage. S:\CA\Ordinances\LDR ChansesXdraft LDR Ord 050803.rtl FIRST READING is hereby approved by the City Commission of the City Of Beach on First Reading this day of ,2003. APPROVED BY THE CITY OF BOYNTON BEACH CITY COMMISSION at ',econd Final Reading and Passage this ~ day of ,2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ,T: City Clerk ~ORPORATE SEAL) 5:\CA\Ordinances\LDR Ch~n~dr~fl LDR C)rd 050803.rtl EXHIBIT "A' LAND DEVELOPMENT REGULATIONS CODE OF ORDINANCES, PART III CHAPTER 1 GENERAL PROVISIONS ARTICLE II - DEFINITIONS LAND DEVELOPMENT PERMIT A permit issued by the r~;..~A.A. ~cr, .... I ..... ' City. Engine~ prior to commencement of construction of required improvements after final record plat approval by the City. CHAPTER 2 ZONING See. 11. Supplemental regulations. H. PROVISION OF OFF-STREET PAR.KING SPACES. 2. For all required residential district parking spaces not within an enclosed parking ....... ~ ...... ,,v, garage, the first space shall be a the minimum of r::c!v: ~ -~x c~. "'i~: ~'-'~ £c:: !cng the current city standard for a han---dicap space exclusive of public or private right-of- way. AIl other spaces where multiple vehicle parking is required shall be ,. k'::m -- ^c_:.~/~x fcc: ':~'~ ""'~ ~:~'~*~ ~ ox :~, !~.... provided in accordance with current city standards exclusive of public or private right-of-way. All spaces, regardless of size, must comply with all provisions of the Land Development Regulations, and shall be maintained and drained so as to prevent nuisance or danger to the public and/or adjacent property owners. S:\CA\Ordinances\LDR Chan$~ktraft LDR Ord 050803.rtf L. COMMERCIAL ESTABLISHMENTS ENGAGED IN THE RETAIL SALE OF GASOLINE OR GASOLINE PRODUCTS. 3.d~ Driveways (1) No driveway shall be located less than c~e ~'"-'~-e'~ .:- (I .~ .... those dist~ces delineated in Chapt~ 6, ~icle ~, Section 1 (Access) or ~ delineated in Chapter 23, ~icle II, Section H.3., ~om ~e intersecting H~t-of-way lines of public s~eets. CHAPTER 5 PLATTING ARTICLE V. - PLAT PREPARATION AND APPROVAL .Sec. 1. Preparation of final plat. To obtain approval for a subdivision in the City Of Boynton Beach, the developer shall submit both a preliminary and a final plat to the city engineer, shall notify the planning and zoning director, and shall post surety as outlined in Section 2, paragraph A2, and Chapter 7, Article 1, Section 3, may payable to the City Of Boynton Beach, together with restoration surety, as outlined in this Article, Section 2, paragraph A3, prior to placing final plat approval on a City Commission agenda. The preliminary plat .~hall meet the requirements of the final plat, except that it shall be submitted without the required signatures and seals. In may also be submitted without m~intenance and use covenants, condominium documents, deeds, or other legal documents not related to the survey or engineering design of the project. No improvements, including streets, drainage and the like, shall be accepted and maintained by the city unless and until the final plat has been approved by a professional survey and mapper, and the city engineer, as well as the City Commission; duly recorded; and all required improvements are completed, both public and private. D. 7. SURVEY DATA. The final plat shall show the length of all arcs together with central angles, radii, and points of curvature including, but not limited to, block comer radii. Sufficient survey data shall be shown to positively describe the boundary of each lot, block, right-of-way, easement and all other areas shown on the plat and all areas shall be within the boundary of the plat as shown in the description. The survey data contained on the plat shall also include: S:\CA\Ordinances\LDR Chang~sXdr~t~ LDR Ord 050803.rtl a. The Scale, both stated and graphically illustrated, shall be shown on each sheet. b. A prominent north arrow shall be drawn on evetw sheet included showing any portion of the lands subdivided. The bearing or azimuth reference shall be clearly stated on the face of the plat in the notes or legend. a~c_. The point of beginning shall be boldly shown together with the letters P.O.B. in bold letters. d. All intersecting street lines shall be ioined to form required safe si~.ht comers pursuant to city standards, and all dimensions shall be shown. e. All adioining property shall be identified by a subdivision name, plat book and pa~e or, if unplatted, the land shall be so designated.. f. Permanent reference monuments shall be shown in the manner prescribed by Chapter 177, Fla. Stat:, as amended. All information pertaining to the location of"P.R.M.s" shall be indicated in note form on the plat. Permanent Control Points and Perma~m Reference Monuments shall be designed and set as prescribed by Chapter 177, Fla. Stat., as amended. b,.~ Reserve on each sheet of the plat a three by five (3 x 5) inch space in the upper fight-hand comer to be used by the clerk of the circuit court for recording information. ~h. The map shall mathematically close within one hundredth (.01) feet and shall be accurately tied to all township, range and section lines occurring within the subdivision by distance and bearing. In addition, the initial point in the description shall be accurately tied to the nearest quarter section comer, section comer or government comer. i. The initial point in the description shall be accurately tied to the nearest auarter- section comer or government comer. Each government comer being used shall be identified. If the subdivision being platted is a re-subdivision of a previously recorded subdivision, then a tie to a Pe~anent Reference Movument from the parent plat is sufficient. If the subdivision is a subdivision of a part of a previously recorded subdivision, sufficient ties to controlling lines auuearin! on the parent plat must be provided to permit an overlay. The position and orientation o-f-the plat shall conform to the Florida State Plan Coordinate System in the manner established by the City En?.'neer and prescribed in the En.m,'neerinR Division's Design Handbook and associated forms. d,.i. The cover sheet or first page of the plat shall show a vicinity sketch, showing the subdivision's location in reference to other areas of the city. k. A complete legend of abbreviations shall be shown. 1. Allletterin onthe lat shall be at a minimum O. 10 of an inch in hei t. S:\CA\Ordinances\LDR Chanses~lrafi LDR Ord 050803.rtf m. The plat boundary and all parcels shown on subdivision plats intended to be conveyed in fee title shall be delineated by solid lines. n. Lines intersecting curves shall be noted as radial or non-radial as the case may be. o. A note addressing any abandoned underlying lands or easements, including record information, shall be shown. p. Tabulation of Survey Data: (l) The use of tangent tables is not permitted. However, at the discretion of the City En~neer on a case by case basis, the use of a tangent table to reflect comer clip (safe sight) chords may be permitted if deemed necessary to meet requirements of neatness and clarity of the plat. Scale factors shall not be considered. Such tables, when permitted, must appear on the map sheet to which they refer and tangents shall be numbered consecutively through the entire presentation. (2) Curve data may be tabulated subject to the following conditions or exceptions: (a) External boundary or centerline curve data may not be tabulated. (b) Where data is tabulated, a minimum of the are length and the curve desi~afion number or letter will be shown on the site. (e) Curve tables reflecting the tabulated data will appear on the map sheet on which the curves appear. D. 7.5 LOT AND BLOCK IDENTIFICATION. Each lot and block shall be numbered or lettered. All lots shall be numbered or lettered by progressive numbers or letters individually throughout the subdivision or progressively numbered or lettered in each block. Blocks in each incremental plat shall be numbered or lettered consecutively throughout a subdivision. ARTICLE VII. - LAND DEVELOPMENT PERMIT A land development permit shall be required prior to commencement of construction of required improvements, except as provided in Chapter 6, Article I, Sec. 2. The land development permit shall be ssu e ............... v .................. ~ ..... engineer, in conjunction with approval of and agreement for construction of required improvements, and aRer formal approval of the final plat by the City Commission. The effective date of the !and development permit shall be the date the city engineer signs it. The land development permit shall expire not more than twelve (12) months fi:om the effective date, unless extended by the city en~neer. As a final step in the review procedures to obtain development approval under this article, the developer shall have prepared and shall submit, prior to expiration of the technical compliance, a request for the land development permit, flae application for the land development permit shall be accompanied by the required fee and the S:\CA\Ordinances\LDR Changes~raft LDR Ord 050803.rtl required number, as determined by the city en.m.'neer, of the following documents applicable to the subdivision or approved phase thereof: A. FINAL PLAT. Developments which are platting shall submit the final plat complying with Article V of this Chapter, and a check for the plat recordation, payable to the Clerk of the Circuit Court of Palm Beach County, in the required amount. B. CERTIFIED SURVEY. Developments for which the requirement to plat has been waived purs~_mr~t to this Chapter shall submit a check payable to the Clerk of the Circuit Court of Palm Beach County for the recordation of the survey. When construction plans are not required, the certified survey may be recorded without further review, provided, however, that the city en.m.'neer shall review any documents submitted in compliance with paragraph "C" below. C. MAINTENANCE AND USE DOCUMENTS AND OTHER DOCUMENTS. A copy of the maintenance and use covenants and any other documents required by the city en~neer as a condition of Technical Compliance shall be submitted. The maintenance and use covenants shall include the maintenance responsibility for all common areas and improvements Within the subdivision, and shall comply with all applicable requirements. D. CONSTRUCTION PLANS AND SUPPLEMENTAL ENGINEERJ2qG INFORMATION. Construction plans shall conform with the plans which receives Technical Compliance or, if modified, shall be accompanied by a written statement from the Developer's engineer which details, explains, and justifies the modifications. Construction plans shall comply with the requirements of Chapter 6 and, prior to iss-anee of a land development permit~ shall have received all applicable approvals of requisite governmental agencies. E. DEVELOPER'S ACKNOWLEDGEMENT OF RESPONSIBILITY FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS. The request shall indicate whether the required improvements are to be constructed prior to recordation or after recordation of the plat or survey. When the required improvements are to be constructed after recordation, the Developer shall subvert a statement acknowledging responsibility for completion of said reqaired improvements. The statement shall be in the form contained in the latest version of Enaineerin~; Division's Design Handbook, and shall be executed by all owners shown on the applicable final plat. The stat~ent shall be accompanied by a gvarantee for completion of required improvements, pursuant to Chapter 6. Said guarantee shall meet the applicable requirements of para~'aph "F" below, F. GUARANTEES. All guarantees required pursuant to Chapter 6 shall be i.n. one of the forms prescribed in the Engineering Division's Design Handbook or in an altcn-~at,~ form approved by the city attorney. The initial guarantee shall be in an amount equal to one hundred ten (110) percent of the construction cost of the required improvements. The guat.~tee.. shall be in one of the following, tv~es: S:\CA\Ordinanccs\LDR Chan$~kirafi LDR Ord 050803.rtl 1. Cash Bond. Completion of the required improvements may be secured by cash deposited by the developer with the city or in an account subiect to the control of the city in accordance with an agreement on such deposit or account. The developer shall be entitled to receive any interest earned on such deposit or account. 2. Letier of Credit. Completion of the required improvements may be secured by a clean irrevocable letter of credit issued to the city in accordance with the city letter of credit policy. The expiration date of the letter of credit shall be at least three (3) months after the completion date for cormtmction of the required improvements pursuant to the initial land development permit of any subsequent extension thereto. 3. Performance or surety bond. Completion of the required improvements may be secured by a performance or surety bond obtained fi.om a company acceptable to the city_ in accordance with the city policy on performance bonds. It shall guarantee that all work will be completed in full accordance with the approved land development permit. 4. Escrow deposit. Completion of the required improvements may be secured by an executed escrow agreement, between the Developer, a bank ant)roved by the city, and the city as the third party beneficiary. The escrow agreement shall require that release of the funds, or any part thereof, shall be subject to city approval. Chapter 6 REQUIRED IMPROVEMENTS ARTICLE IV. - DESIGN REQUIREMENTS FOR REQUIRED IMPROVEMENTS Sec. 2. Alleys. Alleys shall be paved eighteen (18) feet wide in a minimum twenty-foot fight-of-way for commercial and industrial use and shall have appropriate radii for the use intended. Alleys shall have inverted crowns with three-eights (3/8) inch per foot traversed slope. The alley grade shall not exceed ~ two and four-tenths percent (6 2.40 %) or be less than forty-hundredths percent (0.40%) unless otherwise approved by the city engineer. Alley intersections and sharp changes in alignment shall be avoided and dead end alleys are prohibited. ARTICLE V. - CONSTRUCTION OF REQUIRED IMPROVEMENTS S:\CA\Ordinances\LDR Chanse~drat~ LDR Ord 050803.rtl Sec. 2 Administration of construction. After issuance of a land development permit by the.......... ~; ...... v.~'... ~ .... · ---,v----,,-~ ..... + ci~ engineer, a developer may construct the required improvements subject to obtaining all required permits. Construction shall be performed under the surveillance of, and shall at all times be subject to review by, the,...vv..,.m~-~*~- ,~.~r _..~ ..... v..,r...~..: ..... · ~n~/cr ~.e. city engineer or thei~ __his designee; however, this in no way shall relieve the developer and his or her Florida-registered engineer of the responsibility for administration, coordination and final compliance with the approved plans. specifications, law, etc. The d:.r::t:r ~' '~ .... ' .....· ~--~/^- *"~ city engineer or thei~ his designee shall have the right to enter the property during the progress of construction. The developer's engineer shall submit construction progress reports at points of progress prescribed by the city engineer, as well as final certification of completion of required improvements. The developer's engineer shall coordinate joint reviews of construction with the city engineer or his desi_~nee. The city engineer, or his ~ designee, shall have the authority to stop work upon failure of the developer or his engineer to administer and/or coordinate the coustmction of the required improvements as prescribed by this ordinance. Sec. 6. Time Extensions. All required improvements shall be completed within ~ twelve (! 2~ months of the date of issuance of the land development permit. Time extensions may be considered by the City Commission upon recommendation by the ~:---*~' ec::,:'a!t?$.n '::i'~ *~,~ city engineer, after the developer presents a written request for extension to the .................... ^e ~ .... , .....* city en~neer at least thirty (30) days prior to the ~ expiration of the existing permit. No time extension shall exceed one year. Chapter 7 SURETY ARTICLE I. - IN GENERAL Sec. 3. Types of surety. S :\CA\Ordin~nce~\LDR Chang~ktraft LDR Ord 050803.nf C. PERFORMANCE OR SURETY BOND Performance or surety bond obtained from a company acceptable to the city in accordance with the city policy on performance bonds. D. ESCROW (AGREEMENT) DEPOSIT An executed escrow agreement between the developer, a bank approved by the city and the city as the third party beneficiary may be established for this surety. The escrow agreement shall require that release of the funds, or any part thereof, shall be subiect to city approval. The agreement shall be in accordance with the city policy on such escrow agreements. Chapter 7.5 ENVIRONMENTAL REGULATIONS ARTICLE II. - LANDSCAPE CODE Sec. $. Particular Requirements. H. Point of access. When an accessway intersects a public right-of-way or when the subject property abuts the intersection of two (2) or more public fights-of-way, all landscaping within the triangular areas described below shall provide unobstructed cross-visibility at a level between thirty (30) inches and sm (4-) eiflat (8) feet above pavement, provided, however, trees or palms having limbs and foliage trimmed in such a manner that no limbs or foliage extend into the cross-visibility area shall be allowed, provided they are located so as not to create a traffic hazard. Landscaping except required grass or ground cover, shall not be located closer than three (3) feet fi.om the edge of any accessway pavement or sidewalk or walk path. The triangular areas above referred to are: 1. The areas of property on both sides of an accessway formed by the intersection of each side of the accessway fight-of-way or easement line and the public fight-of-way line with two (2) sides of each triangle being ten (10) feet in length, (or more when determined to be necessary by the dr, vzle;m:nt d:.r~tc: ciW en~tineer) fi.om the point of intersection and the third side being a line connecting the end of the other two (2) sides. 2. The area of property located at a comer formed by the intersection of two (2) or more public fights-of-way with two (2) sides of the triangular area being thirty-five (35) feet in length along the abutting public right-of-way lines, measured from their point of intersection, and the third side being a line connecting the ends of the other two (2) lines. S:\CA\Ordinances\LDR Chansesklra~ LDR Ord 0~0803.rff 3. The area of property located at a comer formed by the intersection of two (2) or more public fights-of-way being a collector or arterial street, or any right-of-way of higher classification than a local street, the two (2) sides of the triangular area shall be fifty (50) feet in length for the collector street, and one hundred twen~ (120) feet for the arterial street along the abutting public right-of- way lines~ measured from their point of intersection, and the third side being a line connecting the ends of the other two (2) lines. CHAPTER 8 EXCAVATION AND FILL REGULATIONS ARTICLE III. - PERMITTING A. Permit application and review. Landowner or his agent shall secure a permit for work described in this chapter from the city engineer as follows: 3. Permit issuance. An excavating, filling and/or dredging permit or permit to construct within the public right-of-way shall be issued by the city engineer prior to any work being performed. If the excavating, filling and/or dredging is a paxt of a land development ,.c a .... ~ .....' city engineer permit application, ~ the permit shall be issued by the dirtier prior to any and all work being performed. ARTICLE IV. - CONSTRUCTION B. Inspections and rq~orts. 1. Inspections by city. In connection with the administration of this chapter, inspections shall be requested by the developer as prescribed by the ~ir::tgr ef dev:!:pm:nt ~ city engineer if the construction is part of a land development permit, or by the city engineer ~ if the construction is for excavation, filling and/or dredging or for work within the public right-of-way of the project for which the permit is applicable. S:\CA\Ordin~nces~LDR Chaa~sVtrafi LDR Orfl 0$0803.rff Chapter 23 PARKING LOTS ARTICLE II. - REQUIRED IMPROVEMENTS H. Driveway. 3. Distance from streets. Parking lot driveways shall be constructed at least thirty (30) feet from the intersection of the right-of-way lines along local streets, fifty (50) feet along collector streets, and one hundred eigh~ *"~""*'~, .- ,,.--r ~t~- -,,,/°c'~ (120) feet along streets of a higher classification. S:\CA'Ordinanc~LDR Chang~s~drafi LDR Ord 050803.rff