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Agenda 09-02-03
T~ ,, City of Boynton Beach 100 E. Boynton Beach Boulevard · (561) 742-6000 City Commission AGENDA SEPTEMBER 2, 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 PUBLZC PARTZCZPATZON AT CZTY OF BOYNTON BEACH COMM:ISSION MEETZNGS 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 8t Nays' or by a roll call vote. SPEAKING AT COMM:ISS:[ON MEETINGS: The public is encoura0.::d to offer comment to the Corr;mission 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" ~: :d give it to the Ci~:'/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 propedy 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. ADDRESSTNG THE COMMISS:[ON: 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 8each. 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). September 2, 2003 CITY OF BO YNTON BEA CH REGULAR CITY COMMISSION MEETING AGENDA 6:30 P.M. Z. OPENZNGS: Call to Order - Mayor Gerald Broening Invocation - Dr. Solomon Rothstein, 2°d Police Chaplain Pledge of Allegiance to the Flag led by Commissioner McCray ZF YOU WZSH TO ADDRESS THE COMM!SSZOI~: · FTLL OUT THE APPROPRZATE REQUEST FORM · GZVE Tr TO THE CTrY CLERK (ON THE DAZS) BEFORE THE "OPENZNGS" PORTZON OF THE AGENDA HAS BEEN COMPLETED · COME TO THE PODZUM WHEN THE MAYOR CALLS YOUR NAME tNDI'VZDUALS MAY SPEAK FOR THREE UNZNTERRUPTED MZNUTES. II. III. Agenda Approval: 1. Additions, Deletions, Corrections OTHER: Adoption A. Informational Items by Members of the City Commission ANNOUNCEMENTS, COMMUNTrY & SPEC~4L EVENTS, & PRESENTATZONS: A. Announcements: 1. Ist Public Hearing regarding Budget - September 4, 2003 at 6:00 p.m. 2. Public Hearing regarding Fire Assessment - September 11, 2003 at 6:30 p.m. B. Community and Special Events: Presentations: 1. Proclamations: None Agenda Regular City Commission Heeting Boynton Beach, Florida September 2, 2003 ~V. ADMTNZSTRATZVE: Accept the resignation of Jennifer Butler, Regular Member of the Planning and Development Board B. Appointments to be made: Appointment Length of Term To Be Made Board Expiration Dar,; IV McKoy Advisory Bd on Children & Youth Alt i yr term to 4/04 Mayor Broening Advisory Bd on Children & Youth Stu/NonVoting i yr term to 4/04 I Weiland Advisory Bd on Children & Youth Reg 2 yr term to 4/04 III Ferguson Advisory Bcl on Children & Youth Reg 2 yr term to 4/04 Mayor Broening Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/04 I Weiland Cemetery Board Alt i yr term to 4/04 II McCray Code Compliance Board Alt 1 yr term to 4/04 Mayor 8roening Community Relations Board Alt 1 yr term to 4/04 ! Weiland Education Advisory Board Alt 1 yr term to 4/04 II McCray Education Advisory Board Stu 1 yr term to 4/04 I Weiland Library Board Alt 1 yr term to 4/04 II McCray Nuisance Abatement Board Reg 2 yr term to 4/05 III Ferguson Nuisance Abatement Board Reg 2 yr term to 4/05 IV HcKoy Nuisance Abatement Board Reg 2 yr term to 4/05 Mayor Broening Planning & Development Board Reg 2 yr term to 4/04 V, CONSENT AGENDA: Tabled (2) Tabled (2) Tabled (2) Tabled (3) Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: Agenda Preview Conference of August 18,2003 Regular City Commission Meeting of August 19, 2003 Special City Commission Meeting of August 26, 2003 Bids and Purchase Contracts - Recommend Approval - All approved in the 2002-2003 Adopted Budget expenditures are 2 Agenda Regular City Commission HeeUng Boynton Beach, Florida September 2, 2003 Approval of three (3) year contract for the RFP #080-1610-03/.1A -"LIFE AND DISABILITY INSURANCE PLANS FOR THE EMPLOYEES OF THE CITY OF BOYNTON BEACH" TO JEFFERSON PILOT FINANCIAL of FORT LAUDERDALE, FLOI~DA (Proposed Resolution No. R03-151) Resolutions: Proposed Resolution No. R03-143 Re: Raising fees for annual permits, daily fees and light fees at the Tennis Center, effective October 1, 2003 (Tab/ed on 8/19/03 - Request table to 9/~6/03) Proposed Resolution No. R03-152 Re: Interlocal Agreement with the Town of Lantana to provide for the construction and operation of water main interconnections Proposed Resolution No. R03-153 Re: Agreement for Water Service Outside the City Limits with Nestor Luiz Rivera for the property at 1228 Highview Road, Lantana, Florida (Lot 185, Ridge Grove Addition No. 1) Proposed Resolution No. R03-154 Approval of contract with Randall L. Wolff, M.D. as the new provider of pre-employment physicals for all employees and required annual physicals for police officers and firefighters Proposed Resolution No. R03-155 Re: Authorizing and directing the City Manager to expend limited public funds for the purpose of furnishing information to the citizens and residents of Beynton Beach regarding the Municipal Referendum Election issue concerning the proposed General Obligation Bonds, scheduled for November 4, 2003 Proposed Resolution No. R03-156 Re: Authorizing and directing staff to prepare for the refinancing of the City's Public Service Tax Refunding Revenue Bonds, Series 1993 and the financing of various capital projects of the City Ratification of Planning & Development Board Action: Boynton Commerce Center (USAP 03-002), Southwest corner of 1- 95 and Woolbright Road - Request for a change to the list of approved uses to include additional manufacturing uses and increased retail sales up to 100% on Lot 3 "B" of the Boynton Commerce Center PID East Coast Mechanical (ZNCV O3-007), 1500 High Ridge Road - Request for relief from Chapter 2, Zoning Section 8.A.6, requiring a minimum front yard setback of 15 feet for a warehouse building within 3 Agenda Regular City Commission f4eeting Boynton Beach, Florida September 2, 2003 HJ the M-1 Zoning District, to allow for a variance of 11 feet, and a front yard setback of 4 feet quantum Park Lot 3 (ZNCV 03-008), Lot 3 Quantum Park P.I.D. - Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 7.H.17, requiring a 25-foot wide peripheral greenbelt when abutting a residential district, to allow a 7-foot wide peripheral greenbelt, and a variance of 18 feet for a commercial office/warehouse building in a P.I.D. zoning district J Winchester Commons (NWSP 03-012), Northwest corner of Boynton Beach Boulevard and Winchester Park Boulevard - Request for site plan approval for the construction of a one (1) story, 21,600 square foot multiple bay building on 2.4 acres in the C-3 zoning district St. Gregory's Armenian Church (NWSP 03-013), South side of Boynton Beach Boulevard approximately 300 feet west of SW 8~ Street - Request for site plan approval for a one-story, 23,a,75 square foot church on 2.5 acre lot in the R1-AA zoning district St. Gregory's Armenian Church (HTEX 03-005), South side of Boynton Beach Boulevard approximately 300 feet west of SW 8m Street - Request for a height exception of 22 feet, 8 inches pursuant to the City's Land Development Regulations, Chapter 2, Zoning, Section 'LF.2, to allow the top of the church spire to be $2' 8' high in lieu of the 30-foot maximum height allowed in the R1-AA zoning district Ratification of CRA Action: None Approval of request from the Good Shepherd Summer Camp for a donation of $2,000 from the Law Enforcement Trust Fund account Approve "SURPLUS VEHICLE/EQUIPMENT L/ST" as submitted by Public Works Department and allow for the sale of same Allocation of use of Community Investment Funds for the Lena Rahming/Maude Ford Lee Head Start Scholarship Fund in the following amounts: Commissioner Mack McCray $2,500 and Commissioner Carl McKoy $2,000 Approval of petition from George Rodriguez, Jr., representing Empire Car Service vehicle for hire business, for a certificate of Public Convenience and Necessity as per Chapter 24, Section 2a,-3 Approve 2003-200,~ City Manager Objectives Agenda Regular City Commission Meeting Boynton Beach, Florida September 2, 2003 Full release of surety covering the water and sewer systems for the project known as The Colony at Boynton Beach Acceptance of a replacement bond in the amount of $407,380 issued by TRG- 8oynton 8each, Ltd. for the Boynton Marina Project and releasing the bond originally posted by AERC of Virginia, Inc. Reduction of the surety requirement to cover the water and sewer systems for the project known as Villas of Cypress Creek, accepting a cash surety of $1,333.15 for the remainder of the warranty period and returning letter of credit no. 2002061902 from Palm Beach County Bank to the developer CODE COMPLTANCE & LEGAL SETTLEMENTS: A. Uphold the Code Compliance Board's decision to reduce the fine in Case #99- 2187 from $11,675.00, plus $730.15 in administrative costs to $1,750.15 PUBLZC AUDTENCE: TNDZV]:DUAL SPEAKERS WTLL BE LTMI'rED TO 3-M]:NUTE PRESENTATZONS VZ]:]:. PUBItC HEARZNG: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMTrs A. Project: Agent: Owner: Location: Description: Boynton Commerce Center (ABAN 03-009) ('POS7'PONMEIVT REQUEb-I'ED BY APPLTCANT) Winston Lee, Winston Lee & Associates, Inc. Nyrot Realty, Znc. Southwest corner of 1-95 and Woolbright Road Request for an abandonment of a portion of an existing ingress/egress and utility easement on Lot 38 of the 8oynton Commerce Center P:[D Project: Agent: Owner: Location: Description: Arby's (COUS 03-004) Robert Basehart, Basehart Consulting, :[nc. Schiappa Foods Corporation, :[nc. South side of Old Boynton Road immediately west of entrance to Wal-Mart Supercenter Request for site plan/conditional use approval for a 3,094 square foot fast food restaurant with a drive-through facility CTrY MANAGER'S REPORT: A. Discussion of Marina Development Agreement (Tab/ed on $/20/03,) 5 Agenda Regular City Commission Heeting Boynton Beach, Florida September 2, 2003 XII. FUTURE AGENDA Zl'EMS: A. Follow-up Meeting with CRA on Development Issues (September 2003) B. 2nd Public Hearing regarding Budget (September 16, 2003) Proposed Resolution regarding Code of Ethics for City Commission and appointed boards within the City (September 16, 2003) Proposed Ordinance regarding granting to Florida Power & Light Company an electric franchise agreement for the period of thirty years from the date of acceptance (September 16, 2003) Workshop Regarding Cemetery Options and Proposal by Cemetery Board to Expand Cemetery West into Little League Park (October 2003) F. High School Task Force Report (December 2, 2003) G. Proposed Lease Agreement with Boynton Woman's Club (TBA) Proposed Resolution regarding approval of Community Development Block Grant (CDBG) Sub-Grantee Agreement with Juvenile Transition Center, Inc. of Boynton Beach in the amount of $7,500 NEW BUSTNESS: Discussion regarding proposed off-premise sign at Texaco Station (Tab/eft on 8/$/03- Request table to LEGAL: A. Ordinances - 2n~ Reading - PUBLIC HEARING Proposed Ordinance No. 03-040 Re: Amending Chapter 9, Fire Protection and Prevention, Article III of the Code of Ordinances, by amending Section 9-29, providing for designation and appointment criteria of the Fire Marshal and Assistant Fire Marshal Proposed Ordinance No. 03-041 Re: Annexation of a +9.74-acre parcel for the purpose of pursuing development within the City of Boynton Beach (Serrano at Boynton) Proposed Ordinance No. 03-042 Re: Amending the Comprehensive Plan Future Land Use Map from MR-5 (Palm Beach County) to Low Density Residential (LDR) at 4.84 units/acre (Serrano at Boynton) Agenda Regular City Commission Heeting Boynton Beach, Florida September 2, 2003 Proposed Ordinance No. 03-043 Re: Rezoning a 9.74-acre parcel from AR (Palm Beach County) to Planned Unit Development (PUD) in preparation for the site planning of 47-single family, zero-lot line homes (Serrano at Boynton) Proposal Ordinance No. 03-044 Re: Abandonment existing ingress/egress easement (Boynton Commerce Center) Proposed Ordinance No. 03-045 Re: Abandonment Florida Power and Light easement (Boynton Commerce Center) Proposed Ordinance No. 03-046 Re: Abandonment portion of a utility (water) easement (Boynton Commerce Center) Proposed Ordinance No. 03-047 Personnel Polio/Manual of an of a of a Re: Revisions to the Ordinances- 1~t Reading Proposed Ordinance No. 03 -048 Re: Amending Land Development Regulations, Chapter 2, Zoning, Section 4..~ limiting the distance a dock can extend into the canal to one-third (1/3) of the canal width, to reduce the percentage to one-quarter (1/~,) to coincide with regulations of other agencies Proposed Ordinance No. 03-049 Re: Compensation of the Personnel Polio/ Manual subsection 09 entitled "Travel Reimbursement" Amending Chapter III by creating a new Proposed Ordinance No. 03-050 Re: Amending Chapter T! Administration, by deleting Section 2-15 Per Diem and Travel Expense Schedule in its entirety Resolutions: None Other: None 7 Agenda Regular City Commission Meeting Boynton Beach, Florida September 2, 2003 XIZI. UNFZNZSHED BUSZNESS: None XIV. ADJOURNMENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WTrH RESPECT TO ANY MATrER CONSIDERED AT THIS MEb-r'[NG~, HE/SHE W~LL NEED A RECORD OF THE PROCEEDINGS AND~. FOR SUCH PURPOSE,, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADEt WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CTI'Y SHALL FURNISH APPROPRIATE AUXII.L4RY/LIDS AND SERVICES WHERE NECESSARY TO AFFORD AN IND~¥IDUAL WTTH A DISABII.~Y AN EQUAL OPPORTUNTTY TO PARTICIPATE IN AND EN3OY THE BENEFTTS OF A SERVICEr PROGRAH~ OR ACTIVITY CONDUCTED BY THE cTrY. PLEASE CONTACT ]OYCE COSTELLO, (561) 742-6013 AT LEAST 'I~VENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. bg FZNAL AGENDA 8/28/2003 11:28:53 AM S:\CC~WP\CCAGENDA\AGENDAS\Year 2003\090203 final agenda.doc zv. ADM~NZSTRAT~'VE TTEM A. REALTOR ' Realtors® Association of the Palm Beaches Jennifer Butler, e-PRO Vice President. Government Affairs August 18, 2003 Commissioner Mike Ferguson City of Boynton Beach P.O. Box 31_0 Boynton Beach, FL 33425-031_0 Commissioner Ferguson, It is with deep regret that effective immediately, ! must resign from Boynton Beach's Planning and Development Board. Due to my husband's job, in a few weeks we will be relocating out of the city limits. Over the past year that ! have been on the Board, it has been a true privileged to be able to serve my city and look after it's economic and future welfare. ! look forward to continuing my close relationship with this fine city through my capacity with the Realtors® Association of the Palm Beaches. Sincerely, .len~er, Vice President Government Affairs cc: Mayor Gerald Broening Lee Wishe, Chairman, Planning and Development Board Mike Rumpf, Director, Planning and Development 1926 10th Avenue North, Suite 410, Lake Worth, Florida 33461 561/585-4544 · Fax 561/585-4348 · www. rapb.¢orn email: jbutler®rapb.corn V.-CONSENT AGENDA ITEM B.1. CITY OF BOYNTON BEAC} AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] August 5, 2003 [] August 19,2003 [] September 2, 2003 [] September 16, 2003 Date Final Form Must be Turned in to City Clerk's Office July 14, 2003 (Noon.) August 4, 2003 (Noon) August 18, 2003 (Noon) September 2, 2003 (Noon) Requested City Commission Meeting Dates [] October 7, 2003 [] October 21,2003 [] November 5, 2003 [] November 18, 2003 Date Final Form Must be Turned in to City Clerk's Office September 15, 2003 (Noon) October 6, 2003 (Noon) October 20, 2003 (Noon) November 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to approve a three (3) year contract for the RFP-"LIFE AND DISABILITY INSURANCE PLANS FOR THE EMPLOYEES OF THE CITY OF BOYNTON BEACH" to JEFFERSON PILOT FINANCIAL of FORT. LAUDERDALE, FLORIDA. CONTRACT PERIOD: October 1, 2003 to September 30, 2006. EXPLANATION: On August 7, 2003, Procurement Services received and opened four (4) proposals. A committee was formed within the Human Resources Department to evaluate all proposals. After careful review of these proposals, (see attached ranking), it has been determined to award this project to: Jefferson Pilot Financial of Ft. Lauderdale, Florida, as their proposal was the most responsive, responsible proposal and that their coverage meets and exceeds all other proposals submitted (see attached memo #03-029). PROGRAM IMPACT: The purpose of this RFP is to seek the services of an insurance carrier for Group Basic Life and Accidental Death and Dismemberment Insurance, Group Supplemental Life and Accidental Death and Dismemberment Insurance, Group Dependant Life Insurance, and four (4) Group Long-Term Disability Insurance plans. FISCAL IMPACT: The fiscal impact of the new contract is negligible. Although the benefits to the City and its employees will increase substantially, there is no increase in cost to the City for these benefits. Total cost of service for this contract is at or below budgeted amounts. ALTERNATIVES: Continue contract with current carrier, providing substantially decreased value as compared to the proposed contract or re-evaluate opportunities for self-insurance, incurring additional costs and potential catastrophic losses. ~Director of Financial Services Procurement Services Department Name S:XBULLETIN~ORMSX, AGENDA ITEM REQUEST FORM.DOC C: John Jordan - HR Assistant Director Carol Cheek - HR Specialist File ~ity Manager's Signature City Attorney / Finance / Human Resources RESOLUTION NO. R03- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING A THREE YEAR CONTRACT FOR THE RFP - "LIFE AND DISABILITY INSURANCE PLANS FOR THE EMPLOYEES OF THE CITY OF BOYNTON BEACH" TO JEFFERSON PILOT FINANCIAL OF FORT LAUDERDALE, FL; AUTHORIZING THE EXECUTION OF A CONSULTANT AGREEMENT BETWEEN THE PARTIES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on August 7, 2003,, Procurement Services received and opened (4) proposals for the Three Year Contract for "Life and Disability Insurance 'lans for the Employees of the City of Boynton Beach" and WHEREAS, upon recommendation of staff, the City Commission of the City ~f Boynton Beach does hereby approve the award of RFP No. 080o1610-03/JA to Jefferson Pilot Financial. NOW, THEREFORE, BE IT RESOLVED BY THE CITY ',OMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, approves the award of RFP No. 080-1610-03/JA to Jefferson Pilot Financial, for a three year contract for Life and Disability Insurance Plans for the Employees of City Of Boynton Beach. Section2. That the City Consultant Agreement between the Manager is hereby directed to execute a City of Boynton Beach and Jefferson Pilot Financial., a copy of which is attached hereto. S:\CA\RESO~,greements\Bid Awards\Award of RFP - Life and Disability Insurance.doc Section 3. That this Resolution shall become effective immediately. PASSED AND ADOPTED this __ day of September, 2003. CITY OF BOYNTON FLORIDA BEACH, Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk (Corporate Seal) S:\CA\RESO'~A.~reemer ts\Bid Awards~Award of RFP - L ~fe ~n~ Disability Insurance. doc CONSULTANT AGREEMENT FORM "LIFE AND DISABILITY INSURANCE PLANS" FOR THE EMPLOYEES OF THE CITY OF BOYNTON BEACH FOR THE PERIOD OF THREE (3) YEARS THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and JEFFERSON PILOT FINANCIAL, hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. PROJECT DESIGNATION. The Consultant is retained by the City to perform insurance carrier services in connection with the project designated "RFP - "LIFE AND DISABILITY INSURANCE PLANS" FOR THE EMPLOYEES OF THE CITY OF BOYNTON BEACH - RFP # 080.-1610-03/JA. SCOPE OF SERVICES. Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and suppli~. TIME FOR PERFORMANCE. Work under this contract shall commence upon the giving of written notice by the City to the Consultant to proceed. Consultant shall perform all services and provide all work product required during the contract period of October 1~ 2003 to September 30~ 2006, unless an extension of such time is granted in writing by the City. PAYMENT. The Consultant shall be paid by the City for completed work and for services rendered under this agreement as follows: a. Payment for the work provided by Consultant shall be paid on a monthly basis, determined by the number of full time employees in this program during this period. b. The Consultant may submit invoices to the City once per month. Such invoices will be checked by the City, and upon approval thereof, payment will be made to the Consultant in the amount approved. c. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this agreement and its acceptance by the City. d. Payment as provided in this section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. e. The Consultant's records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after final payments. Copies shall be made available upon request. CA1 OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Consultant's endeavors. COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated by this service agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. INDEMNIFICATION. Consultant shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Consultant's own employees, or damage to property occasioned by a negligent act, omission or failure of the Consultant. o INSURANCE. The Consultant shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of $1,000,000. Said general liability policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Consultant nor any employee of Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Consultant, or any employee of Consultant. 10. COVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the fight to annul this contract without liability or, in its CA2 discretion to deduct from the contract price or consideration, or otherwise recover, the full mount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 11. DISCRIMINATION PROHIBITED. The Consultant, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 12. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this agreement without the express written consent of the City. 13. NON-WAIVER. Waiver by the City of any provision of this agreement or any time limitation provided for in this agreement shall not constitute a waiver of any other provision. 14. TERMINATION. a. The City reserves the right to terminate this agreement at any time by giving ten (10) days written notice to the Consultant. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving membcm of the Consultant hereby agree to complete the work under the terms of this agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this agreement between surviving members of the Consultant and the City, if the City so chooses. 15. DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be adjudicated within the courts of Florida. Further, this agreement shall be construed under Florida Law. 16. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Attn: John Jordan Notices to Consultant shall be sent to the following address: Jefferson Pilot Financial 3107 Stiriint Road~ Ste 20,6. Ft. Lauderdale~ F! 33312 Attn: Jeffrey P. Eilers~ Regional Manatter CA3 17. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Consultant. DATED this __ day of ,20 CITY OF BOYNTON BEACH: City Manager Jefferson Pilot Financial Attest/Authenticated: Title City Clerk (Corporate Seal) Approved as to Form: Attest/Authenticated: Office of the City Attorney Secretary Rev. 1/22/91 CA4 EXHIBIT "A' REQUEST FOR PROPOSAL FROM CARRIERS FOR "LIFE AND DISABILITY INSURANCE PLANS" FOR THE EMPLOYEES OF THE CITY OF BOYNTON BEACH, FLORIDA RFP #080-1610-03/JA Section 1 - Submittal Information The City of Boynton Beach will receive RFP responses until August 7, 2003 , at 2:30 P.M. (LOCAL TIME) in Procurement Services located on the second floor of City Hall, 100 E. Boynton Beach Boulevard, to provide the City with professional consultant services for LIFE AND DISABILITY INSURANCE PLANS for the employees of the City. B. Any responses received after the above stated time and date will not be considered. It shall be the sole responsibility of the proposer to have their RFP response delivered to Procurement Services for receipt on or before the above stated time and date. It is recommended that responses be sent by an overnight air courier service or some other method that creates proof of submittal. RFP responses that arrive after the above stated deadline as a result of delay by the mail service shall not be considered, shall not be opened at the public opening, and arrangements shall be made for their return at the proposer's request and expense. The City reserves the right to consider submittals that have been determined by the City to be received late due solely to mishandling by the City after receipt of the RFP and prior to the award being made. C. These RFP's will be publicly opened and read aloud in Procurement Services after the designated due date, on August 7, 2003~ at 2:30 P.M. (local time). All proposers or their representatives are invited to be present. Procurement Services is located on the second floor of City Hall, 100 E. Boynton Beach Boulevard If any addendum(s) are issued to this Request for Proposal, the City will attempt to notify all prospective proposers who have secured same, however, it shall be the responsibility of each proposer, prior to submitting the RFP response, to contact the City Procurement Services at (561) 742-6322 to determine if any addendum(s) were issued and to make any addendum acknowledgements as part of their RFP response. EXHIBIT "A" One (1) original~ so marked~ and five (5) copies, of the RFP response shall be submitted in one sealed package clearly marked on the outside "RFP FOR LIFE AND DISABILITY INSURANCE PLANS" to: City of Boynton Beach, Procurement Services, P.O. Box 310, Boynton Beach, FL 33425-0310. Responses shall clearly indicate the legal name, address and telephone number of the proposer (firm, corporation, parmership or individual). Responses shall be signed above the typed or printed name and title of the signer. The signer shall have the authority to bind the proposer to the submitted RFP. Proposers must note their Federal I.D. number on their RFP submittal. F. All expenses for making RFP responses to the City are to be bome by the proposer. A sample draft contract that the City intends to execute with the successful firm is contained in this Request for Proposal for review. The City reserves the right to modify the contract language prior to execution. The actual scope of services and the contract price will be negotiated following selection of the top firm(s). The scope of services will closely track the scope of work detailed in Section 2 of this Request for Proposal. Section 2 - Scope of Work The City of Boynton Beach is soliciting carrier proposals for (1) group basic life and accidental death & dismemberment insurance, (2) group supplemental life and accidental death & dismemberment insurance, (3) group supplemental dependent life insurance, and (4) group long term disability insurance. The proposed effective date is October 1, 2003. The City of Boynton Beach has appointed Group Insurance Solutions, Inc. as it's Agent of Record to advise, consult and assist in the evaluation process of all carder proposals received in response to this PFP, and to subsequently assist in the implementation and servicing of the chosen carrier's proposal. The Proiect The City of Boynton Beach is requesting proposals from carriers to provide Life and Disability Insurance plans for the employees of the City of Boynton Beach. 4 EXHIBIT "A' Scope of Services The carder selected shall provide services including, but not limited to the following: LIFE AND DISABILITY INSURANCE PLAN DESCRIPTIONS: 1. Basic Life and AD&D · The City provides all employees $10,000 of life and AD&D insurance. · The City provides sworn police officers and detectives with an additional $25,000 of life and AD&D · The City provides all exempt employees with an additional $40,000 of life and AD&D · The City provides full time police sergeants with an additional $25,000 and lieutenants with an additional $50,000 of life and AD&D · See plan booklet for details 2. Supplemental Life and AD&D · The City offers supplemental life and AD&D to all employees in increments of $1,000. When an employee is first eligible, CIGNA will guarantee issue up to $50,000 in coverage. Amounts above that may be applied for by completing a medical questionnaire for approval by CIGNA. · See plan booklet for details. 3. Dependent Life Insurance · Employees who select supplemental coverage for themselves, may also purchase coverage for their spouse and dependent children. The employee's combined basic and supplemental life coverage must be at last two times that of the spouse coverage requested. Option 1 is $10,000 for the spouse and $2,000 for the children. Option 2 is $20,000 for the spouse and $5,000 for the children. · See plan booklet for details. 4. Long Term Disability · The City provides long term disability insurance to all full time general employees (LTD benefits for sworn police officers and firefighters are contained in their pension plans). · The monthly benefit paid is 60% of basic monthly earnings up to a maximum of $5,000 per month until age 65 after you have been unable to work for 90 days. · See plan booklet for details. DEPARTMENT OF HUMAN RESOURCES MEMORANDUM NO. 03-029 To: From: Date: Subject: Bill Atkins, Deputy Director, Finance John Jordan, Assistant Director, Human Resources August 18, 2003 Approval of contract for Life & Disability Insurance Due to identified issues with the City's current Life and Disability Insurance provider, an open request for proposals was held to identify and evaluate other market opportunities. In response to the RFP, four (4) providers responded. Of those, three (3) were able to meet the requirements of the City. After a thorough evaluation of the proposals based on the criteria defined in the RFP, it was readily determined that the coverage offered by Jefferson Pilot far exceeds all other proposals. The proposed changes potentially impact all City employees. First, Jefferson Pilot is offering an open enrollment period for all covered employees and their covered dependents. This, coupled with an increased Guarantee Issue Amount of $150,000 dollars, a three-year rate guarantee, increased coverage for dependents, and no increased costs for the City make Jefferson Pilot the obvious choice when compared to the other proposals. Taking into account that Jefferson Pilot is a market leader in this industry with over 100 years experience, has top market financial ratings, and can provide the City with a superior level of customer service, which includes state-of-the-art on-line management tools, that makes them the only choice. Thank · ~30'hn~ The fiscal impact of the new contract is negligible. Although the benefits to the City and its employees will increase substantially, there is no increase in cost to the City Of Boynton Beach for these benefits. Total cost of service for this contract is at or below the budgeted amounts. ordan//¢ rthur I.//ee, Director, Human Resources t t / ,, / 03'1' Z Z Z --I 00~ ~ Z ~ ~ Z -n z-n 0 , ~ _ -- --m 0 0 'o;;o 0 0 m'~ o~-~ o~ :~ -~ z "n~ Co 0 0 0 r' rn c~ c~ ~o~ z × -" ~ C ~ m C ~3> _ ~ r- 0 0 Z m;o 0 3> -- > ,~ ; o, 0 m: C:: ~ c:: ~ ;0 0 Z c 0 m ~ ~ ~ ;o m ~ ~ _- _-- m ~ m ~-1 o < m; ~.~ ~zz Z '< Z -I Z m = m 0 0 tn _~ (~B. r- 0 ~ u)_ ~ ,, o~ C) ;> rn z ;o oo o~00 m - 0 ITl N '0 0 m -n -o-i cn 0 C) · . -,~ ~ om ~ .~m-o z ~'~ cor- ~ T m Z ZZ m mO ° ~°~°~0~°~o ~~ -Kmo~ rn oD~ rn rD rn rD rn ~ ~~ z 0(~- (/> 03--C~: (~ ~0 (~ ~n (~ ~o > 2z o~ ~ m ~ m ~ 0 m (/);o ~.. ~ z~ o -< ~ ~ 0 · ~- 8 o 0 03 ._...... Z _~ '< co co m~ · rn Z ~ ~o ~o. '~ _ ~ m ~ rn o o 3: F- rn ~ rn ~ m ~ ~00 mm Oz Z~3 Z C~ Z m z 0 m rtl '0 -r' m EVALUATION OF PROPOSALS Proposals were evaluated in accordance with weighted criteria listed. Score Description · Benefits Administration & Service References · Local Support · Voluntary Life Underwriting Process · Guarantee Issue Level · Employer Interface/Electronic Access · Benefits & Open Enrollment · Price Rate Guarantee Point Range Cigna / FLC / JP 0 - 20 10 / 10 / 20 0-15 0/8/15 0-20 0/10/20 0-15 10/15/15 0-10 0/0/10 0-10 5/0/10 0-10 5/0/10 Scoring Totals Cigna Group Insurance: Florida Combined Life Insurance: Jefferson Pilot Financial: 30 of 100 43 of 100 100 of 100 V.-CONSENT AGENDA CITY OF BOYNTON BEAC} ITEM C.1. AGENDA ITEM REQUEST FO ,. Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) August 19, 2003 August 4, 2003 (Noon) [] October 21, 2003 October 6, 2003 (Noon) ~ September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noon) [] September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (N~o~) ..~ > _.~ [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business " "~r~ RECOMMENDATION: Approve raising fees for annual permits, daily fees, and light fees at the Tennis Center.'~ ~raa~d on approval, fees will be raised in the following manner (effective October 1, 2003): PERMITS Single Resident from $200 to $290 DAILY FEES Family Resident from Single Non Resident from Family Non Resident from Adult (har-tru) from Adult (composition) from Junior (17 & under) from $300 to $430 $360 to $490 $500 to $680 $6 to $7/person/1.5 hours $2 to $3/persordl.5 hours $1 to $2/persordl.5 hours Light Fee from $4 to $5/1.5 hours Accordingly, this will require the modification of the Recreation & Parks Department Revenue Policy Manual per exhibit "A" (attached). EXPLANATION: The City is experiencing a downward trend in its revenues, which makes it more difficult to support discretionary programs. It is also the intent of the Recreation & Parks Deparlment to closely examine the delivery of its services, and restructure certain programs to become self-supporting. Although the,Tennis Center is a very popular facility, fees have historically been far below local market standards. This adjustment will allow us to cover a greater percentage of operational costs and significantly reduce the City's subsidy of this operation. PROGRAM IMPACT: Despite the significant increase, our fees will still be lower than similar public facilities in Delray Beach and Wellington. A comparative analysis is attached (exhibit "B'). FISCAL IMPACT: During this FY, we project the Tennis Center will generate $173,887 in total revenue, with $206,886 in expenses (not including building/grounds maintenance or CIP projects). Effective October l, 2003, the Tennis Center Operation will be removed from the General Fund and placed in the Recreation & Parks Department Program Revenue Fund. Raising fees will assist in meeting our goal of making the Tennis Center a self-sustaining operation. ALTERNATIVES: current levels through the City',. operation al~und. Recreation & Parks Department Name Increase fees less then recommended or do not raise fees, and continue to subsidize the Tennis Center City Manager's Signature City Attorney / Finance / Human Resources PERMITS, DAILY FEES, AND LIGHT FEES AT THE TENNIS CENTER COMMENCING IN FISCAL YEAR 2002/03; AND AMENDING THE RECREATION & PARK DEPARTMENT REVENUE POLICY MANUAL; AND PROVIDING AN EFFECTIVE DATE. WIIEREAS, it is the intent of the Recreation & Parks Department to closely examine the delivery of its services, and restructure c~rtain programs to become self- supporting; and WIIEREAS, staff has conducted a comparable analysis of neighboring communities and has recommended an increase in annual permits, daily fees, and light fees, commencing in fiscal year 2003/04, which increase will generate additional monies to cover a greater percentage of operational costs and significantly reduce the City". subsidy of this operation; and WIIEREAS, upon recommendation of staff, the City Commission has deemed it appropriate to approving raising fees for annual permits, daily fees, and light fees at the Tennis Center, and amend the Recreation & Park Department Revenue Policy Manual to reflect the increases. NOW, TI-IEREFORE, BE IT RESOLVED BY TIlE CITY COMMISSION OF TIlE CITY OF BOYNTON BEACII, FLORIDA TIlAT: Section 1. Each Whereas clause set forth above is hereby ratified as being tree and correct and incorporated herein by this reference; Section 2. The City Commission of the City of Boynton Beach, Florida, authorizing an increase in annual permits, daily fees, and light fees at the Tennis Centc S:\CA\RESO\03-04 tennis fees.doc commencing with fiscal year 2003/04, and amend the Recreation & Park Department Revenue Policy Manual as shown on the attached Exhibit "A". Section 3. Creating and establishing a trust account into which the additional revenue can be diverted and used for capital improvement projects at the facility. Section 4. Amend the Recreation & Park Department Revenue Policy Manual to reflect the increased fee. Section 5. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this ~ day of September, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk S:\CA\RESO\03-04 tennis fees.doc REVENU]~ POLI~ 14ANUAL EXHIBIT ENTRANCE, PARKING & ADMISSIONS Beach Parking - Established by Article II, Section 16-82 of the Code of Ordinances Boat Club Park Launch Fees Annual Decal Daily Fee (weekends & holidays only) Special Program Workshop, Concert Admission, General Admission: (examples) Holiday Craft Workshop, Youth Halloween Programs, Treasure Hunt, Theater Performances, Dances, etc. Tennis Center Daily Fees Adult (har-tru) Adult (composition) Junior (17 & under) Light Fee $5O $10 $3- $50/person $76/person/1.5 hours $32/person/1.5 hours $2_-l-/person/1.5 hours $5_4/1.5 hours 12/0O 12/00 09~93 --l-QCe-1-08/O 3 -1-8¢-94-08/03 -1~Q/-94-08/03 Q..1~8208/03 USER FEES Youth Sports (ex: Flag Football, Soccer, Cheedeading, Gymnastics, Twirling, Tumbling) Sports League (ex: Softball, Volleyball, Senior Softball, Basketball, Tennis) Men's Fitness & Dance (ex. Aerobics, Ballet, Yoga, Tai Chi) Arts & Crafts (ex: Tot Recreation, Kids Crafts, Painting, Calligraphy, Watercolor, Clay, Quilting, etc.) Adult Special Class/Workshop/one time Youth Camps & Playgrounds (includes field trip fees; 1, 4 or 8 week spring break, summer and holiday camps) Non-Resident Fee $13 -$100 $20 - $625 $15 -$125 $23 - $100 $7-$32 $125-$380 Resident Fee $10-$80 $16-$500 $12- $100 $18 - $80 $4-$25 $100-$295 Date Commissior Approved 09~93 12/00 12/00 09~93 1 2/00 09/93 After-School Programs $62 - $156 $50 - $125 12/00 ~ I~LICY ~Ah'UAL ~HIBIT Non-Resident Fee Resident Fee Date Commission Approved Self Improvement/Community Classes (ex: language, music computer classes) Interest lessons, $18 - $94 $15 - $75 12/00 Tennis Center Permits Adult/Individual Family Junior (17 & under) $490360 $290200 89,/..9208/03 $680500 $430300 0.94~08/03 $ 55 $ 25 09~3 *Trips/Tours/Travel $ varies (actual cost of trip + 15% administrative and promotion charge = TRIP FEE) *Same fee for all participants since Boynton Beach facilities are not being used. *Programs at Caloosa Park - no fee differential since Boynton Beach facilities are not being used. *Fees charged for grant-funded programs may fall below the fee ranges listed above. EXHIBIT "B" TENNIS CENTERS FEE COMPARISON FACILITY DESCRIPTION Boynton Beach 17 har-tru (soft) and 4 composite (hard) courts, all lighted, pro shop, locker room facilities Delray Beach 14 clay and 7 hard courts, 19 lighted courts, pro shop, locker room facilities, 8,200 seat stadium Wellington 16 har-tru courts, all lighted, pro shop, locker room facilities FEE SCHEDULE Single Resident Family Resident Single Non Res. Family Non Res Daily Fees Light Fees Boynton Beach (proposed for FY 2003-0~) $290 $430 $490 $680 $7/1.5 hours (soft) $3/1.5 hours (hard) $5/1.5 hours Delray Beach (2002-03) $291.50 $439.90 $503.50 $689 Varies between $7 & $7.50/1.5 hfs depending on season for residents and $9 & $9.50 for non residents between 8am-12 noon and 60m-~,m Fees are slightly reduced if playing between Noon & 6pm $5/1.5 hours Wellington (2002-03) $408.10 $583 $583 $874.50 $9/hr + tax for residents $12/hr for non residents N/A V.-CONSENT AGENDA CITY OF BOYNTON BEAC ITEM C.2 AGENDA ITEM REQUEST Requested City Commission Meeting Dates [] August 5, 2003 [] August 19, 2003 [] September 2, 2003 [] September 16. 2003 Date Final Form Must be Tumed in to City Clerk's Office July 14.2003 (Noon.) August 4.2003 (Noon) August 18.2003 (Noon) September 2.2003 (Noon) Requested City Commission Meeting Dates [] October 7.2003 [] October 21. 2003 [] November 5. 2003 [] November 18. 2003 Date Final Form Must be Turned in to Cit3' Clerk's Office September 15, 2003 (Noon) October 6. 2003 (Noon) October 20, 2003 (Noon} November 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Legal ~ [] Announcement [] New Business c:~ ,. '. --~ [] City Manager's Report [] Presentation :x:,, .<c.'.~ [] Consent Agenda [] Public Hearing 6'~ ~ '~ [] Code compliance/Legal Settlements [] Unfinished Business c.n ?~-< RECOMMENDATION: Motion to approve resolution for execution of an Interlocal Agreement wft9 th~ Town of Lantana to provide for the construction and operation of water main interconnections. EXPLANATION: The Town of Lantana and the City of Boynton Beach have water mains on or near Hypoluxo Road between Seacrest Boulevard and U.S. 1. Emergency interconnections between utilities are desirable to provide redundant resources, enhance security, reduce vulnerability, and prepare for emergencies by providing alternative sources of potable water. PROGRAM IMPACT: The South Florida Water Management District and the Department of Environmental Regulation, as part of the permitting process, encourage these interconnections. These connections will enhance both utilities' emergency preparedness. This project will be engineered and constructed by the Town of Lantana in collaboration with the City of Boynton Beach Utilities Department. Existing interconnections already exist between the City of Boynton Beach and Palm Beach County, and the City of Boynton Beach and the City of Delray Beach. FISCAL IMPACT: The engineers estimated the total project cost is $250,000.00, including engineering services. The City of Boynton Beach and the Town of Lantana will equally share this cost. Any water used by the Town of Lantana or the City of Boynton Beach will be billed at the lowest commodity rate. Funds are available for this project in account ~401-5000-590-96.10, WTR101. The City of Boynton Beach's share will be $125,000.00 or less. S?,BULLETIN,FORMS~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ALTERNATIVES: We believe increasing our interconnectedness provides many benefits to the City, our customers, and the region. We plan to bring new agreements with the Cities of Lake Worth and Delray Beach forward in the ext few months for similar, ll./~ ~~ Department Hearts Signature City Manager's Signature Utilities Department Name City Attorney / Finance / Human Resources Xc: Dale Sugerman Barb Conboy Bob Kenyon S:\BULLETIN',FORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION R02- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING EXECTION OF AN INTERLOCAL AGREEMENT WITH THE TOWN OF LANTANA, PROVDING FOR THE CONSTRUCTION AND OPERATION OF WATER MAIN INTERCONNECTIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Lantana and the City of Boynton Beach have water mains on or near Hypoluxo Raod between Seacrest Boulevard and US 1; and WHEREAS, emergency interconnections between utilities are desirable to provide redundant resources, enhance security, reduce vulnerability and prepare for emergencies by providing alternative sources of potable water; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. This Commission does hereby authorize execution of an lnterlocal Agreement with the Town of Lantana to provide for the construction and operation of water main interconnections, a copy of which Agreement is attached hereto. Section 2 That this Resolution shall become effective immediately upon passage. S:~ A\RESOV~greements\lnterlocals\lnterlocal Agreement - Town of Lantana - interconnections.doc PASSED AND ADOPTED this ~ day of September, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk S: ~flocals\lnteflocal Agreement - Town of Lantana - interconnections.doc INTERLOCAL AGREEMENT BETWEEN CITY OF BOYNTON BEACH AND TOWN OF LANTANA FOR WATER MAIN INTERCONNECTION THIS INTERLOCAL AGREEMENT made and entered into this day of ,2003, by and between the City of Boynton Beach, a Florida municipal corporation with its principal address at 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33435, hereinafter referred to as the "City", and the Town ofLantana, a Florida municipal corporation with its principal address at 500 Greynolds Circle, Lantana, Florida 33462, hereinafter referred to as the "Town" for Water Main Interconnection. WITNESSETH WHEREAS, the Town and the City have water lines installed in close proximity to each other along Hypoluxo Road between Seacrest Boulevard and San Castle Boulevard in Palm Beach County, Florida; and WHEREAS, the Town and the City desire to guard against the potential danger of failure of water service to customers within their service areas and to enhance their respective water distribution systems interconnectedness for security, emergency, and vulnerability preparedness; and WHEREAS, interconnections for water distribution systems is encouraged by the South Florida Water Management District and the Environmental Protection Agency to provide alternative sources of treated water in the event of an emergency or system failure; and WHEREAS, it is in the best interests of both the Town and the City to enter into this Agreement to ensure that potable water will be available in an emergency situation; and WHEREAS, the Town and the City desire to address their mutual concern by entering into this Interlocal Agreementrpursuant to Section 163.01, Florida Statutes. NOW THEREFORE, in consideration of the mutual promises contained herein, the Town and the City agree as follows: SECTION 1: PURPOSE. The Town will connect its water system to the water system of the City in accordance with the mutually agreeable specifications and in accordance with contract Lantana-Boynton Interconnect Rev. 04-21-03; 07-11-03 (bwb) Page 1 of 7 documents entitled "Town of Lantana Water Main Interconnections," dated July , 2003, prepared by Mathews Consulting, Inc. Such water main interconnection(s) between the Town and the City shall hereinafter be referred to as the "Interconnection(s)" or "Project." SECTION 2: PROJECT COSTS. The Town and the City will equally share the Project Costs of the Interconnection(s) installation. Project Costs shall be those costs incurred by the Town for engineering consulting and construction services in connection with the Interconnection(s) installation, and shall not include the Town or the City staff costs or attorneys fees incurred in connection with the performance of this Agreement. Payments shall be coordinated through the respective Finance Departments of the Town and the City; and all costs incurred by the Town will be submitted to the City for reimbursement of the pro-rata share on a monthly basis during construction. The estimated Project Cost is two hundred fifty thousand dollars ($250,000.00) for the installation of the Interconnection(s), which shall be equally divided between the Town and the City. If, after commencement of the construction of the Project, unforeseen circumstances of any kind whatsoever arise which increase the actual costs of the Project, the parties shall negotiate and execute a written addendum to this Interlocal Agreement which sets forth the pro-rata share to be paid for all costs over $250,000.00. The negotiation and execution of an addendum increasing the pro-rata share of the parties shall occur in a timely manner so as to minimize disruptions and disturbance in the public right-of-way. SECTION 3: INSTALLATION RESPONSIBILITIES; COSTS REIMBURSEMENT. The Town shall be responsible for contracting with a licensed contractor for the installation of the two (2) proposed Interconnections. The procurement of a contractor by the Town shall be in accordance with the ordinances of the Town and the City and the laws of the State of Florida, and the City Manager of the City shall consent to the bid prior to any contract being awarded by the Town. The two (2) proposed Interconnection(s) shall be located and the costs for such will be provided for as follows: a. Lantana-Boynton Interconnect Rev. 04-21-03; 07-11-03 (bwb) The first Interconnection shall be located on the northeast comer of Hypoluxo Road and South 13th Court near Seacrest Boulevard ("interconnection No. 1 "). Interconnection No. 1 will tie into the Town's eight (8") inch water main on the north side of Hypoluxo Road and the City's eight (8") inch water main Page 2 of 7 on the south side of Hypoluxo Road. b. The second Interconnection shall be located on the southeast comer of Hypoluxo Road and San Castle Boulevard ("Interconnection No. 2"). Interconnection No. 2 will tie in the Town's eight (8") inch water main on the north side of Hypoluxo Road and the City's eight (8") inch water main on the south side of Hypoluxo Road. c. The total installation costs for the two (2) Interconnection(s) (the "Project Costs") will be initially billed to the Town, however, the City's pro-rata share of the Costs will be reimbursed to the Town in accordance with the terms as set forth in Section 2. hereinabove within thirty (30) days of the Town's invoice to the City for the reimbursement of the Project Costs pursuant to this Agreement. d. The Interconnect(s) will be controlled by two valves, one of which will be operable by the Town and one of which will be operable by the City. Each party shall be responsible for monitoring and inspecting their respective water distribution systems and shall jointly inspect the Interconnects. SECTION 4: INTERCONNECTION~ PROCEDURES~ CONDITIONS. The Interconnection(s) will be controlled by two (2) valves (for each meter); one (1) of which will be operable by the Town and one (1) of which is operable by the City. See Exhibit A attached hereto and incorporated herein for a depiction of the Interconnect Assembly Detail. In the case of a planned or unplanned water system disruption or other emergency causing a water service disruption or emergency water service failure in either the Town or the City (a "Water Service Emergency"), the valve of the party not experiencing the Water Service Emergency (the "Supplying Party") may be opened so as to permit the flow of water to the party experiencing the Water Service Emergency (the "Receiving Party"). No supply of water to the Receiving Party shall be provided except in case of a Water Service Emergency and only under the following terms and conditions as determined at the sole discretion of the Supplying Party: a. A sufficient surplus of potable water exists to meet the Supplying Party's anticipated water demands; Lantana-Boynton Interconnect Rev. 04-21-03; 07-11-03 (bwb) Page 3 of 7 b. The Supplying Party may limit the amount of water to be supplied in order to meet the Supplying Party's anticipated water demands; c. The Supplying Party may limit the hours or days of supply in conjunction with the estimated demands on either party's water system; d. The Supplying Party may condition the provision of water upon the requirement that the Receiving Party impose use restrictions on its customers as prescribed by the Supplying Party; and e. The Supplying Party may place an automatic expiration date upon Water Service Emergency supply period which may be extended only by the Supplying Party's City/Town Manager. SECTION 5: INTERCONNECTION MEASUREMENT AND COSTS. The potable water used will be measured by eight (8") inch turbine meters with a capacity of three thousand five hundred (3,500) gallons per minute. Charges for metered water use through the Interconnection shall be at the prevailing lowest commodity rate of the Supplying Party for non-residential customers at the time the potable water is supplied. No capacity or other fixed charges shall be assessed. Adjustments to said charges shall be made by written addendum to this Interlocal Agreement. When water is utilized through the Interconnection, the meter or meters shall be read concurrently by the City and the Town on approximately the first (1st) business day of each month. Monies owed by the Receiving Party to the Supplying Party for water consumed during a Water Service Emergency under the terms of this Agreement shall be paid to the Supplying Party within thirty (30) days after the furmshing of a invoice for the Interconnection water service. Invoices will be provided for each thirty (30) day increment, or portion thereof, during the duration of a Water Service Emergency. SECTION 6: INTERCONNECTION REQUEST AND TERMINATION. Upon the occurrence of a Water Service Emergency, a written communication from the City/Town Manager or his authorized designee of the Receiving Party requesting the opening of the Interconnection valve, setting forth the nature of the Water Service Emergency and providing an estimated duration of the Water Service Emergency (the "Interconnection Request") shall be faxed or e-mailed, if at all possible, at least forty-eight (48) hours prior to the start of such Water Service Emergency. The Interconnection Request by the Receiving Party is the only communication necessary prior to a water Lantana-Boynton Interconnect Rev. 04-21-03; 07-11-03 (bwb) Page 4 of 7 service supply decision by the Supplying Party. Notwithstanding the above, in the event of an actual emergency where advance notice cannot be provided, the Supplying Party's Manager or his designee may authorize the opening of the Interconnection valve without the Interconnection Request, but the Interconnection Request must be then provided and a decision to open the Interconnection valve must be reviewed by the applicable Town or City Staff members within twenty-four (24) hours of valve opening in order that certain conditions as set forth hereinabove at Section 3 may be imposed or to allow the Supplying Party the right of refusal of the request as provided for herein at Section 7. A request to discontinue the water service through the Interconnection at the end of a Water Service Emergency must be provided by fax or e-mail by the Receiving Party's City/Town Manager or his authorized designee at least forty-eight (48) hours prior to the proposed shut-off of the Interconnection valve. SECTION 7: TERM~ RENEWAL. It is understood by both parties that the term of this Interlocal Agreement is five (5) years. This Interlocal Agreement may be renewed for additional five (5) year periods upon the mutual, written consent of the parties, which consent must be reached by the parties prior to the expiration of the term or any extended term. In the event that the Interlocal Agreement is not renewed, this Interlocal Agreement shall automatically terminate at the end of the five (5) year term. SECTION 8: RIGHT OF REFUSAL. Each party to this Interlocal Agreement expressly acknowledges the right of either party to refuse to provide the Emergency Water Service, as set forth in this Interlocal Agreement, if the City/Town Manager of the Supplying Party which refuses the Interconnection Request determines that the provision of such service would not be in the best interest or would constitute a danger to the health, safety and welfare of its citizens, for any reason whatsoever. In the event of such a refusal, the parties agree that neither party has a claim against the other for the exercise of the Supplying Party's right to refuse the provision of water service under this Agreement. SECTION 9: LIABILITY. The parties to this Interlocal Agreement shall not be deemed to assume any liability for the negligent or wrongful acts, or omissions of the other party, and each party agrees to be responsible for its own acts, omissions, negligence, and willful misconduct, and the acts, omissions, negligence, and willful misconduct of its employees, officers, and agents. Lantana-Boynton Interconnect Rev. 04-21-03; 07-11-03 (bwb) Page 5 of 7 Nothing contained herein shall be construed as a waiver, by either party, of the liability limits, protections, and immunities established in Sec. 768.28, Florida Statutes. SECTION 10: GOVERNMENTAL POWERS. Both parties acknowledge that this an Interlocal Agreement under Chapter 163, Florida Statutes, and that each party shall retain all legislative authority with regard to its respective governing body. All of the privileges and immunities from liability; exemptions from laws, ordinances, and rules; pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents or employees of any public agency when performing their respective functions within the territorial limits for their respective agency shall apply to the same degree and extent to the performance of such functions and duties of those officers, agents, or employees extra-territorially under the provisions of any Interlocal Agreement. All provisions of this Agreement calling for the expenditure of ad valorem tax revenue by either the City or the Town are subject to annual budgetary funding, and should either party involuntarily fail to fund any of their respective obligations pursuant to this Agreement, this agreement may be terminated. SECTION 11: NOTICE. Any and all notices required or permitted to be given hereunder shall be deemed received three (3) days after same are deposited in U.S. Mail sent via certified mail, return receipt requested. As to CITY: Kart Bressner, City Manager City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33435 Fax (561) 742-6011 Email: bressnerk~ci.boynton-beach.fl.us And Utilities Department City of Boynton Beach Arm: Robert Kenyon, Deputy Utilities Director 124 E. Woolbright Road Boynton Beach, Florida 33435 Fax (561) 742-6298 Emil: kenyonb@ci.boynton-beach.fl.us As to TOWN: Michael Bornstein, Town Manager Town of Lantana 500 Greynolds Circle Lantana, Florida 33462 Fax (561) 540-5011 Email: mbornstein~lantana.org SECTION 12: GOVERNING LAW. This Agreement shall be construed in accordance with the laws of the State of Florida and venue shall be in Palm Beach County. SECTION 13'. SEVERABILITY. In the event any provision of this Agreement shall be deemed to be invalid or void under any applicable law, the remaining provisions hereof shall not be affected and shall continue in full force and effect. Lantana-Boynton Interconnect Rev. 04-21-03; 07-11-03 (bwb) Page 6 of 7 SECTION 14: EFFECTIVE DATE. This Interlocal Agreement shall take effect upon its execution by both parties and upon being filed with the Clerk of the Circuit Court. SECTION 15: ENTIRE UNDERSTANDING. This Interlocal Agreement constitutes the entire agreement between the parties. This Interlocal Agreement may be amended only in writing, executed by both parties to this Interlocal Agreement. SECTION 16: FILING WITH CLERK OF COURT. This Interlocal Agreement shall be executed in triplicate by both parties and filed for record by the Town with the Clerk of the Circuit Court of Palm Beach County, Florida pursuant to Section 163.01(11), Florida Statutes. IN WITNESS WHEREOF, the parties have hereto set their hands and seals this __ day of ., 2003. CITY OF BOYNTON BEACH Kurt Bressner, City Manager Attest: Janet Prainito, City Clerk (CITY SEAL) {Michael Bornstein, Town Manager Attest: Darla Lew, Town Clerk (TOWN Approved as to form: James Cherof, Esq., City Attorney A:\INTERCONNECT ( BO YN'r ON- LANTANA)DOC H:\1990~000182.1)b'~agmts~Emergency Water - Lantana. doc Approved as to form: ~ J. White, Esq-:f., Town Attorney Lantana-Boynton Interconnect Rev. 04-21-03; 07-11-03 Cowb) Page 7 of 7 tO1l rMLrl~ MATHI~WS I t TOWN OF LANTANA INTERJ:~INN£G'T A~t~ LY' 500 Greynolds Circle Lantana, FL 33462-4594 (561) 540-5000 Fax (561) 540-5009 www.lantana.org Mayor David J. Stewart Councilmembers Louis M.Canter Tom Deringer Ronald S. Edwards Elizabeth Tennyson Town Manager Michael Bornstein "Lantana, an old' Florida Community of Friends, Families and Neighbors." August 12, 2003 RECEIVED Robert Kenyon, Deputy Utilities Director 124 E. Woolbright Road Boynton Beach, Florida 33435 Re: Interlocal Agreement between City of Boynton Beach and Town of Lantana for Water Main Interconnection Dear Mr. Kenyon: Attached are three Interlocal Agreements between City of Boynton Beach and Town of Lantana for Water Main Interconnection executed by the Town of Lantana. Our Town Council approved this agreement at our council meeting on August 11, 2003. After Boynton Beach has executed this agreement, please send me two originals, one for filing and one for the Town's record. Please call if you have any questions. ~Y, Darla M. Levy, CMC Town Clerk V.-CONSENT AGENDA CITY OF BOYNTON BEAt ITEM C.3. AGENDA ITEM REQUEST F Requested City Commission Meeting Dates [] August 5, 2003 [] August 19,2003 [] September 2, 2003 [] September 16, 2003 NATURE OF AGENDA ITEM Date Final Form Must be Turned in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office July 14, 2003 (Noon.) [] October 7, 2003 August 4, 2003 (Noon) [] October 21,2003 August 18, 2003 (Noon) [] November 5. 2003 September 2, 2003 (Noon) [] November 18, 2003 September 15, 2003 (Noon) October 6, 2003 (Noon) [] Administrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business October 20, 2003 (Noon) November 3, 2003 (Noon~ RECOMMENDATION: Motion to approve and authorize signing of an Agreement for Water Service Outside the City Limits with Nestor Luiz Rivera for the property at 1228 Highview Road, Lantana, Florida (Lot 185, Ridge Grove Addition No. 1). EXPLANATION: The parcel covered by this agreement is a single-family home located in the San Castle/Ridge Grove project area. Only potable water is available for connection to the property at this time due to recent water main improvements constructed by Palm Beach County as part of a neighborhood improvement project. (See location map) PROGRAM IMPACT: A Water Distribution main has recently been completed on this street, allowing for the service to this parcel. No additional construction will be required by the City to serve this property. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES;...Nonete-~his parcel is within the Utilities service area') '~"~~i~l,t,~ ~ Department Head's Oignature gnature UTILITIES Department Name City Attorney / Finance / Human Resources XC: Dale Sugerman (w/copy of attachments) Peter Mazzella " Michael Rumpf, Planning & Zoning. " File S:\BULLETIN~FORMS~AGENDA [rEM REQUEST FORM.DOC RESOLUTION NO. R03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING EXECUTION OF AN AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND NESTOR LUIZ RIVERA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the subject property is located outside of the City Limits, but within our and sewer service area, located at 1 228 Highview Road, Lantana, Florida (Lot I85, Grove Addition No. 1), in the San Castle/Ridge Grove project area; and WItEREAS, the subject parcel currently contains a single-family residence, and only water is available for connection to the property at this time due to recent water main constructed by Palm Beach County as part of a neighborhood improvement iect; WHEREAS, practicable time, urisdictional limits; and City policy requires annexation of the property to be serviced at the as a condition of the granting of water services outside its NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 'HE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as tree and correct and are hereby made a specific part of this Resolution upon adoption Section 2. The City Manager is hereby authorized and directed to execute a Water ;ervice Agreement between the City of Boynton Beach, Florida and Nestor Luiz Rivera, said ~ement being attached hereto as Exhibit "A". ;:\CAhR. ESOXAgreements\Water Servicex~Rivera Water Service Agreement,doc Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~ day of September, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner Clerk S:\CALRESOLa. greements\Water ServiceLRivera Water Service Agreement.doc THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Josias & Goren, P.A, 3099 East Commercial Blvd. Suite 200 Ft, Lauderdale, FL 33308 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AGREEMENT made on this ~1 day of ,,J~,l,.~ ,20o3, by / and between I'~:s'r,~ L~{~ 12,1ve. e.A hereinafter called the "Customer", and the CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter called the "City". WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of Boynton Beach, Florida; and WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water service to the property owned by Customer; and WHEREAS, the City of Boynton beach has the ability to provide water service to Customer's property; and WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water services outside of its jurisdictional limits on annexation of the property to be serviced into the City at the earliest practicable time. NOW THEREFORE, for and in consideration of the privilege of receiving water service from the Municipal Water System and the mutual covenants expressed herein, the City of Boynton Beach and the Customer, his heirs, successors and assigns, agree as follows: 1. The City agrees to provide Customer with water service from its Municipal Water System to service the real property described as follows and which Customer represents is owned by Customer: (Exhibit A) 2. The Customer and the City hereby agree that there are i.'--/ Equivalent Residential Connections which City shall service. 3. The Customer agrees to pay all costs and fees of engineering, material, labor, installation and inspection of the facilities as required by the City of Boynton Beach Code of Ordinances or Land Development regulations to provide service to the Customer's premises. The Customer shall be responsible for installation in conformance with all codes, rules and regulations applicable to the installation and maintenance of water service lines upon the Customer's premises. All such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either requiring the Customer to perform the work necessary to conform the lines or the City may have the work performed on behalf of the Customer, in which case the Customer will pay in advance all estimated costs thereof. In the event the City has such work performed, the Customer will also advance such additional funds as may be necessary to pay the total actual costs incurred by the City. 4. Any water main extension made pursuant to this Agreement shall be used only by the Customer, unless written consent is granted by the City of Boynton Beach for other parties to connect. All connections shall be made in accordance with the Codes and regulations of Boynton Beach. 5. Title to all mains, extensions and other facilities extended from the City Water Distribution System to and including the metered service to Customer shall be vested in the City exclusively unless otherwise conveyed or abandoned to the property owner. 6. The Customer agrees to pay all charges, deposits and rates for service and equipment in connection with water service outside the City limits applicable under City Ordinances and rate schedules which are applicable which may be changed from time to time. 7. Any rights-of-way or easements necessary to accommodate the connections shall be provided by the Customer to the City. 8. The Customer shall, contemporaneously execute and deliver to the City an Irrevocable Special Power of Attorney granting to the City the power and authority to execute and advance on behalf of the Customer a voluntary petition for annexation. Customer covenants that it shall cooperate with the City and not raise opposition or challenge to such annexation if and when annexation is initiated. The property shall be subject to annexation at the option of the City at any time the property is eligible under any available means or method for annexation. Customer will inform any and all assigns or purchasers of any or part of this property of this covenant and of the irrevocable special power of attorney, but Customer's failure to provide such notice shall not constitute a defense or bar to the City's rights as set forth herein. The Customer acknowledges that the consideration of initially connecting to the City's water supply is sufficient to support the grant of the power of attorney any subsequent disconnection or lack of service shall in no way impair the power of attorney nor constitute a diminution or lack of consideration. 9. The Customer acknowledges that this covenant regarding annexation is intended to be and is hereby made a covenant running with the land described in paragraph 1 above. This Agreement and the power of attorney referenced herein is to be recorded in the Public Records of Palm Beach County, Florida, and the Customer and all subsequent transferee, grantees, heirs or assigns of Customer shall be binding on the Customer and all successors and assigns. 10. It is agreed that the City shall have no liability in the event there is a reduction, impairment or termination in water service to be provided under this Agreement due to any prohibitions, restrictions, limitations or requirements of local, regional, State or Federal agencies or other agencies having jurisdiction over such matters. Also, the City shall have no liability in the event there is a reduction, impairment or termination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the City's reasonable control. 11. The Customer hereby agrees to indemnify, defend and hold harmless the City of Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and agents (Both in their individual and official capacities) from and against all claims, damages, law suits and expenses including reasonable attorneys fees (whether or not incurred on appeal or in connection with post judgment collection) and costs rising out of or resulting from the Customer's obligation under or performance pursuant to this Agreement. 12. No additional agreements or representations shall be binding on any of the parties hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be valid upon the parties unless in writing executed by the parties to be bound thereby. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this 2. I day of ...Ju,|,.~ ,200,~ I WITNESS: Witn(~,s Signatur~ · 'Pr~te~l Y(/t~n~s~-~ame Witne~ Signature Drint~ Witne~ Nome INDIVIDUAL(S) AS OWNER(S): Owner Signature Printed Owner Name Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature Printed Witness Name FOR INDIVIDUAL(S) NOTARIZATION: STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County ~aforesaid to take acknowledgments, personally appeared ~'~( ~/-~'~- },.- ~, 5 Ct",' ~c'~,- to me known to be the person(s) described in and who executed the foregoing instrument that he/she acknowledged before me that he/she executed the same; that the individual was personally known to me or provided the following proof of identification: WITNESS a, my hand and official se I in the County and State last aforesaid this ..~/r-'F day of ~_~.., ~ ~._ 2003 WITNESS: Notary Public CITY OF BOYNTON BEACH, FLORIDA Mayor ATTEST: City Clerk STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared , Mayor and , City Clerk respectively, of the City named in the foregoing agreement and that they severally acknowledged executing same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said City and that the City seal affixed thereto is the true corporate seal affixed thereto is the true corporate seal of said City. WITNESS my hand and official seal in the County and State last aforesaid this day of ,200_. (Notary Seal) Notary Public Approved as to form: Legal Description Approved: City Attorney JAC/Ims 900182 12/12/95. rev WATERSRV. 1 THIS INSTRUMENT PREPARED BY: James A, Cherof, Esquire Josias & Goren, P.A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF ~ I/We, /~1//~ ~ '~ v- /.., ~ ~ ~-~--"' ~ , hereinafter "Grantee", hereby make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and lawful attorney in fact for Grantee and in Grantee's name, place and stead, for the sole purpose of executing on behalf of Grantee the power to initiate, maintain, and complete a voluntary petition for annexation of the real property described herein into the CITY OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH full and complete authority to act on Grantee's behalf to accomplish annexation by any available means. The real property which is the subject of this power is described as follows: The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the ~l day of ,,Ju.J¥ . 2003 and the powers and authority shall be irrevocable by Grantee. IN WITNESS WHEREOF, we have hereunto set our hands and seals the of ...Ju~ 0~oo3 , in the year two thousand and day Sealed and delivered in the presence of Witness Signature /Pri~ed ~drness I~ame- ' Printed Witness Name Owner Signature Printed Owner Name Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature Printed Witness Name STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) THE FOREGOING INSTRUMENT was acknowledged_., before me this ~ day of ,Ju.~u . 2003, by I~r'o~ L. l-4,¢v~.p..~ and ! wh~ ...... ,.::~w:: ~v ~ .... who have produced ~ I¢o- Cg~- q~-qGI - t , as identification and who did/did not take an oath. NOTARY PUBLIC Type or Print Name ~J(~ ~ ~ m ~ Commission No. -.:~ .... e~ .............. My Commission Expires: POA. IND GEORGE W. MATHEWS III, P.A. Attorney at Law Boynton Beach: (561) 738-5501 Boca Raton: (561) 391-0995 All other areas: (800) 383-0112 Suite 104, Congress Center 1325 S. Congress Avenue Boynton Beach, Florida 33426 Facsimile: (561) 738-2242 email: mathews~gmathewslaw, com ATTORNEY'S OPINION OF TITLE 1. Legal Description: Lot 185, RIDGE GROVE - ADDITION NO. 1, according to the Plat thereof, as recorded in Plat Book 22, Page 43, of the Public Records of Palm Beach County, Florida. 2. Fee Simple Owner of Record: Juan Flores Reyes by Warranty Deed dated April 1, 1997, recorded April 3, 1997, in Official Record Book 9727, Page 1809, of the Public Records of Palm Beach County, Florida. 3. Real Estate Taxes: 2002 real estate taxes were paid on December 9, 2002 under Tax folio number 00-43-45-09-09- 000-1850 in the amount ors 351.88. 8. Effective Date: August )r, 2003. G Esq. Da~/fi/August 12, 2003 Legal Description: Lot 185, Ridqe Grove Addition No. 1, according to the Plat thereof, recorded in Plat Book 22, Page 43 of the Public Records of Palm Beach County, Florida. Bour~a~y Survey: Certified TO; First American Title Insurance Cc~pany; Juan Flores Reyes; Financial Research Services, Inc., its successors and/or assigns. Flood Map: 120192 0195 B Property ~l~ress: ~ ,,~ 1228 Highview Road ~ ' t~ z~.%. ~-~ Lantana, FL 33462 0 Q %_o1' SURVEYOR~ STAll~MENT: ......... ~..-c m,m~.~:~, ~' IS NOT INTENDED FOR ANY OTHER U~. p~RMIT11NG ADO~llONAL CONSTTaJCTION. ETC. REQUIRE ADOflIONAL INR3RMA1K)N WHICH MUST BE OBTAINED FIa:DM THIS OFFICE. GENERAL NOIES: ...... , ~ ,,-.~eu NO FURTHER ,~AR~H OF PUBUC RECOOOS WERE NV~O~ BY THIS OFFICE. 1.LE~ Ul:y..Kr.,.,n n.~,~,ED BY CLIENT - '3~ Lq.,EVAJION~ ~ I*l~l~t'O~ Ar~ I~R NA~ C~OOETlC V~r~CAL DA11JM O¢ 3.ANYCC)Ri~R~A~'TARE~'41RC~ROO~WITHCAI~'(~ ~5044) . . . ,. 4. NO EXCAVA~O~ p~.I:~-.ORMED A~ TO ~ UN~F'~_~,~JNO ENC~OACHI~NT$. IF ANY. IE FaUNDA11ONS..~°~NKLEI~ SYs~MS ETC 5. DISTANCES AND ANGLES AI~ FELD MEASU~D ANO COR~IO ~ RECO¢~O INFOC*~AATION EXCEPT W~ERE NOTED. P.R.M. · p~Rt*,AANENT r~FERENCE MONUIv~NT A . CENTRAL ANGLE R/W = RIGHT*OF-WAY I~:GEND: P.C. = POINT OF CURVAllJR~ P.T. · POSIT OF TANGENCY P.R.C, · POII~ OF REVEf"'~'BE CURVAIURE P.C.C. · POINT OF COMPOUNO CURVAIURE P.C,P. · PERMANENT CONTr~)I. pOiNT P.O.B. · POINT OF BEGINNING P.O.C. = POINT OF COIvgdENCEMENT R . RADiUS/~ADIAL CHAT - CHATAHOOCHEE AL = AI~ LENGTH I[ = pROPER'Pi LINE ~ = CENTERUNE EASE = EASEMENT 14391 Margo/ef INV~ 03-25-97 ~ 1"=20' ~ D~AV~ I HEREBY CERTIFY 11-LA, T THIS SURVI~' I.d.S BEEN PREPARED BY THE OFFICE SHOWN HEREON A"JD II-IAT ! ~ IH~ SURVEYC~ OF RE- NONE OTHER Ti-L~N S,~D OFIqCE. ADO~- SPON~BLE CHArd~E FOg - - ~[- MIt~..MUM TECHN~ flONALIY, THIS SURVEY MEETS 'H 6 OF THE FLO~DA CAL STANDARDS AS SE1 ADMINISlRATIVE CO,DE ..~ld' ..,~7 OF THE FLOfitDA STATUTES/ /VT,//'~GISTET~ED L,~,., ...~,~/EYOR NOT VALIO LI~" .~.AL~O Wl tH/~ ~%'~'~)S~ D LANO SURNEYO~S '~AL GT SURVEYING SERVICES, INC. 4645 H. Suite 3. Southern BIvC West Palm Beach Florida 33415 Office (407) 689-0318 Fax (407) 478-9075 Mobile (407) 371-4066 POWER OF ATTORNEY Known all men by these presents, which are intended to constitute a General Power o£ Attorney That we JUAN ALBERTO FLORES PIVERA, Social Security Number 583-63-8834, of legal age, single, and resident o£ Aguas Buenas, Puerto l~co; CARLOS RUBEN FLORES PIX/ERA. Social Security Number 583-63-8727, of legal age, single, and resident of' Aguas Buenas. Puerto Rico; and CARMEN MILAGROS R. IVERA PIOS, Social Security Number 584-30-4866, of legal age, single, and resident of Aguas Buenas, Puerto Rico do hereby appoint NESTOR L PIVERA, married with Aida Rivera, of legal ag~, and resident of 130 Tulip Tree Drive, Lantana FLA 33462, to act in our name, place and stead in any way which we ourself could do, if were personally present, with respect to the following matters: To sell and do any real estate transaction in relation of the following prol~'ty: Legal description of the real property, located in Palm Beach County Ride Grove ADD No. 1 LT 185, Address: 1228 Highview RD Lantana, FLA 33462. This prol~n'W was an inheritance of Juan Flores R~yes, who bought it with his wife, Carmen Milagros Rivera Rios. In Witness Whereof, I have hereunto signed my name and affixed my seal this 18 day of March,2000. UAN ALBERTO FLORES RIVERA CARLOS RUBEN FLORES RIVERA CARMEN I~IILAGROS RIVERA RIOS AFFIDAVIT NUM. -34,409- STATE OF PUERTO RICO, COLrNTY OF AGUAS BUENAS, ss: On the 18 day of March, 2000, before me personally came JUAN ALBERTO FLORES RIVERA, CARLOS RUBEN FLORES RIVERA and CARMEN MIIAGROS RIVERA RIOS, identified by Driver's Licences No. 1914763, 2046802 and 950466 respectivelly; to me known to be the individuals instruments, and they .,-v ..... I~.~g~.= ..... ~'" "-~ ................ thc ~ .....' ............ same. .~ 01~0 3170 1 in. = 200.5 feet 0120 20g(~ 2560 2380 02~O ~ RIl~('.F Rri 1360 5O20 0180 1510 1390 Location Map V.-CONSENT AGENDA CITY OF BOYNTON BEAt ITEM C.4 AGENDA ITEM REQUEST Requested City Commission Meeting Dates [] August 5, 2003 [] August 19,2003 [] September 2,2003 [] September 16, 2003 NATURE OF AGENDA ITEM Date Final Form Must be Turned in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Tumed in to CiW Clerk's Office July 14, 2003 (Noon.) [] October 7, 2003 August 4, 2003 (Noon) [] October 21,2003 August 18, 2003 (Noon) [] November 5, 2003 September 2, 2003 (Noon) [] November 18, 2003 September l5,2003 (Noon) October 6, 2003 (Noon) [] Administrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business October 20, 2003 (Noon) ~-~ .' > November 3, 2003 (Noon) c - "<c'3 RECOMMENDATION: Approval of the contract with Randall L. Wolff, M.D. as the new provider of pre-employment physicals for all employees and required annual physicals for police officers and firefighters. EXPLANATION: Over the last year the City has had a contract for services with another provider; however, the level service provided to the City has been marginal at best, with several issues of concern. At this time we are recommending that the City Of Boynton Beach transition to the services provided by Dr. Randall L. Wolff, M.D., currently located at the Clinical Services Unit for the City of Delray Beach Fire-Rescue Department, as the new provider required services. The services provided by Dr. Wolff and his staff comes highly recommended by the City of Delray Beach, currently their clinic's only customer. The services to be provided to the City Of Boynton Beach, as proposed, will far exceed the City's current requirements while providing the opportunity for additional service to all City Of Boynton Beach employees PROGRAM IMPACT: All employees, full and part-time are required to receive pre-employment exams to determine their ability to meet the physical requirements of the job for which they have applied. All police officers and firefighters are required to complete thorough annual physicals to meet state mandated requirements. FISCAL IMPACT: Dr. Wolff has provided a detailed price schedule, which lists each of the proposed services separately. Based on forecasted attrition and hiring rates, the projected expense of services will be within the budget amount for the coming year. ALTERNATIVES: · Continue the current contract, providing only marginal service and continued employee complaints regarding treatment and services. / Departrn~nt~l~e~)[ S=~gnature Depa~ent Name ' C{l~ytl~anager's Signature - Ci~~A~orne~uman Resources RESOLUTION NO. R03- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND RANDALL L. WOLFF, M.D., AS THE NEW PROVIDER OF PRE-EMPLOYMENT PHYSICALS FOR ALL EMPLOYEES AND REQUIRED ANNUAL PHYSICALS FOR POLICE OFFICERS AN FIREFIGHTERS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, upon recommendation of staff, deems it to be in the best interests of the citizens of the City of Boynton Beach to enter into an Agreement between the City of Boynton Beach and Randall L. Wolff, M.D., providing for pre-employment examinations, and required annual physicals for police officers and firefighters; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach hereby authorizes and directs the execution of an Agreement between the City of Boynton Beach and Randall F. Wolff, M.D., a copy of which agreement is attached hereto. Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of September, 2003. CITY OF BOYNTON BEACH, FLORIDA Mawr Vice Mayor Commissioner ATTEST: City Clerk S:',CA'~RESOXAgreements\Wolff Agreen~nt - pl~ys~cals.doc Commissioner Commissioner CONSULTANT AGREEMENT FORM THIS AGREEMENT, is entered into on this __ day of ,2003, by and between the City of Boynton Beach, hereinafter referred to as "the City", and Randall L. Wolff, M.D., hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. PROJECT DESIGNATION. The Consultant is retained by the City to perform pre-employment and required annual medical physicals and fitness evaluations for applicants and employees of the City of Boynton Beach. SCOPE OF SERVICES. Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. TERM. The term of this Agreement shall commence on the date written above and shall be for a period of three (3) years. The Agreement shall automatically renew for an additional two (2) year period, unless either party is notified by the other at least ninety (90) days prior to the expiration of the initial three (3) year term of this Agreement or the Agreement is otherwise terminated pursuant to Section 14 below. PAYMENT. The Consultant shall be paid by the City or completed work and for services rendered under this agreement as follows: a. Payment for the work provided by Consultant shall be made as provided on Exhibit "B". The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for project completed to date. Such vouchers will be checked by the City, and upon approval thereof, payment will be made to the Consultant in the approved amount. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the Completion of the work under this agreement and acceptance by the City. do Payment as provided in this section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. The Consultant's records and accounts pertaining to the agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after final payments or in accordance with specific State of Florida records retention requirements, whichever is longer. Copies of any such documents shall be made available to City upon request. OWNERSHIP AND USE OF DOCUMENTS. All documents, records, and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the City. Such documents and 10. records, including medical records, shall be made available to City upon request and within ten (10) days of the expiration or earlier termination of this Agreement. COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations that are applicable to the services to be rendered under this Agreement. INDEMNIFICATION. Consultant shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury or death to person, the employees, or damage to property occasioned by a negligent act, omission or failure of the Consultant in performing the services contemplated in this Agreement. INSURANCE. The Consultant shall secure and maintain in force throughout the duration of this contract those policies of insurance having minimum coverages as identified in the attached Exhibit "C". Said insurance policies shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this Agreement. INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither consultant nor employee of consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Consultant, or any employee of Consultant. COVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall be the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift 11. 12. 13. 14. 15. 16. 17. or contingent fee. DISCRIMINATION PROHIBITED. The Consultant, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered on contemplated by this Agreement without the express written consent of the City. NON-WAIVER. Waiver by the City of any provision of this agreement or any time limitation provided for in this agreement shall not constitute a waiver of any other provision. TERMINATION. The City reserves the right to terminate this Agreement at its discretion at any time by providing at least thirty (30) days written notice to the Consultant. Either party may terminate this Agreement for cause if the terminating party has provided the other party with written notice of the matters or matters constituting cause for termination and the party receiving such notice has not cured such matter or matters within thirty (30) days of receipt thereof. DISPUTES. Any dispute out of the terms or conditions of this Agreement shall be adjudicated within the courts of Palm Beach County, Florida. Further, this Agreement shall be interpreted and construed under the laws of the State of Florida. NOTICES. mailed via addresses: Notices to the City of Boynton Beach shall be hand-delivered of certified U.S. Mail, return receipt requested, to the following CITY Of BOYNTON BEACH Attn: City Manager P.O. BOX 310 BOYNTON BEACH, FL 33425-0310 Notices to Consultant shall be sent to the following address: RANDALL L. WOLFF, M.D. 628 S.E. 5th Street, #4 Delray Beach, FL 33483 SEVERABILITY. this Agreement, provision of this The invalidity, illegality, or unenforceability of any provision of or the occurrence of any event rendering any portion or Agreement void, shall in no way affect the validity or 18. enforceability of any other portion or provision of the Agreement. Any void provision shall be deemed severed from the Agreement and the balance of the Agreement shall be construed and enforced as if the Agreement did not contain the particular portion or provision held to be void. The parties further agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both the City and Consultant. CITY OF BOYNTON BEACH Title Attest/Authenticated: City Clerk Approved as to Form: Office of the City Attorney Witnesses: CONSULTANT RANDALL L. WOLFF, M.D. Print name: Randall L. Wolff Print Name: SCOPE OF SERVICES FOR THE CITY OF BOYNTON BEACH FIRE RESCUE BY THE CLINICAL SERVICES UNIT The Clinical Services umt is proposing for the City of Boynton Beach Fire Rescue, Police Department and the City's general employees pre-employment physicals, annual physicals and fimess evaluations as listed below:. A. General: 1. The CSU will conduct pre-employment and annual physicals for all firefighters and police officers. 2. The CSU will conduct new hire physic~ for all general employees requested by the City. This cost will be billed to the Human Resources Dept. for each exam. The CSU Physician shall coordi,~a~ any and all laboratory testing necessary in conjunction with any and all e0mmi,-tlons and testing performed by the CSU to comply with the terms of this Agreement Thc CSU Physician and/or staff shall assume all billing responsibilities under the terms of this Agr~ment This will include payment of all stress tests, chest x- rays, lab bills incurred for the exams. The CSU Physician shall provide any and all necessary consultation and ca~e review of examination results for the employee/patient The CSU Physician shall forward a writ~ review of the examination results to the employee/patient. 6. The CSU Physician shall maintain any and all medical records created under this agreement. o The CSU Physician as well as any other employees of the CSU shall have the appropriate licenses or registrations as required by any local, state or federal law, rule or regulation 8. All services and fees shall be billed monthly by the CSU. B. Fire Del~u'tmem and Police Department Ann~! Phvsicini,: o Annual Physical Evaluations for firefighters shall meet or exceed requirements established in NFPA 1582 Medical Requirements for Fire Fighters. A physician, nurse practitioner, physician assistant or equivalent shall conduct physicals. The shall inform the appropriate department only as to whether or not the candidate or current employee is medically certified to perform their duties. The CSU Physician shall be responsible for guiding, directing and advising the employee with regard to their health, fitness and suitability for various duties. Firefighters health and fitness will be guided by standards eztablished in NFPA 1500, Fire Department Occupational Safety and Health Program, Chapter 8, Section 8-6 "Fire Department Physician", as amended. The CSU Physician shall provide immuni~tion(s) as needecL The CSU Physician shall perform a review of all office notes, EKG's and review all cases achieving abnormal results, deviations from baseline results as determined by comparison with previous examinations, and positive comagious disease profiles. The CSU .~h~,il perform follow up monitoring and testing for exposure of an ~nployee to air or blood borne pathogens, the initial testing must be performed as specified by the City Risk Management Worker's Compensation Policy. The CSU Physician shall report patterns of deviation and/or abnormal results identified by,review of the employees physical to the Department Chief in an effort to coordin~?~ preventative measures to avoid or reduce further deviation. ff any requirements should change as a result of changes in the collective bargaining agreements, the City shall assume responsibility to notify the CSU Physician of said change. This agreement may be amended upon written approval of both parties. C. Firefighters and Police Officers AnnL~J Eomm Components' Firefighter exam reference N-FPA 1582, Chapter 2-4, Periodic Medical Evaluation. 1. Establishment of Medical & Occupational History 2. Physical Examination includ/ng spinal exam 3. Range of motion and neurological reflex exam ~. Pulmonary Function Testing with pulse oximetry 6. Fitness Assessment by Certified Fitness Coordinator 7. Dietary and exercise program recommendations with follow-up as needed 8. Tetanus and Diphtheria as needed. 9. Hepatitis B Booster (scr/cs as needed) plus titcrs (quantitative) 10. Tuberculosis Test/Tine, PPD (chest X-ray as needed) 11. Stress Test (Treadmill) (At age 40 and every two years thereafter, or as cl/nically dicated) 12. CMP, LP, CBC, RPR, UA, Hep A,B,C and B quantitative, HIV (confirmation on positive results) TSH (when clinically indicated) 13. PSA (males over 40) 14. Drug Screening 15. Fitness Assessment D. Firefighter and Police Offer New Hire ExaminA,_'on Components: Eo 1. Components same as annual physical. 2. S~ress Firefi~,hter and Police Testing for Infectious Dis_e~_se' 1. Confirmation and/or repeat testing for HIV, Hepatitis A, B, C and RPR. PROI~SSIONAL FI~.S AND SHR~S Refer to Scope of Service Sections C - H C: Firefightcr and Poi/ce Officer Ann.~_ Exam D: Firefighter and Police Officer New Hire Exam with Stress Test E: Testing for Infectious Disease F: Hazardous Material Technician Medical Surveillance with Stress Test G: General ~mployce,/New Hire Physical H: General Employee-hnmtmi~on $300.00 600.00' 75.00 150.00 450.00 182.50 150.00 ADDITIONAL TESTING SERVICES AND F~S PPD Ches~ X-ray (as needed Drug Test (10-panel) Tetanus as needed Hepatitis B Series (as needed after hire) Tii~-'rs (quanfilafiv~) Hepatitis B Booster (as ne~led) ClIP Blood Test (when card/ac risk factors indicate) I-l'am~at Tests: ~ Mercm-y urine -' Arsenic - urine Lead - blood Cholin~ras¢ - blood PSA (males over 40 y~ars) ABO Blood typing (New hires only- firefighters) Stress Test Flu Shot Walk in clinic visit fee Faoility Fee 7.50 130.00 75.00 15.00 150.00 15.00 50.00 30.00 150.00 20.00 30.00 300.00 15.00 20.00 5.00 F. Hazardo~ Materials Technician Medical S~'veillance: 2. Heavy Metal Screening (Mercury, Lead, Arsenic, Serum Cholinesterase) 3. Stress Test (treadmill) Bi-annual c'valuation 4. Hn~rdous Materials Technician Response Team Entry Physical Examination. (Baseline) ~. Hazardous MaSerials Technician Re~polLse Team Entry Physical EXamination (Termination Medical Examination) 6. Acute Exposure Follow-up Testing 7. Delayed Exposure and Follow-up Testing, (Billed as worker'~ compensation) G. General Employees/New Hire Physical Components: 1. Physical Examination, Visnsl Acuity and Peripheral Vision Testing 2. Tetanus and Diphtheria Booster as needed 3. Tuberculosis Test/Tine, PPD as needed, chest X-ray as necessary 4. Drug Screen H. General Employees-Immun/zafion: 1. Hepatitis B Booster/series as needed. 2. Blood titers as necessary City of Boynton Beach Risk Managem Divisio '"" : :'" ' ent n - INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "C~iificate Holder" and 'The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing/nsurance coverages must have a current rating by A.M. Best Co. of'B+" or higher. (NOTE: ~ln insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of contractors, lessees, em., and the llmi~s required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk.) TYPE (Occun'ence Based Only) LIMITS REQUIREn. General Liability Comm~cial Genre'al Liability Owners & Contractor's Protective (OCP) Liquor Liability Professional Liability Employees & Officers Pollution Liability Asbestos Abaimnent Lead Abatemmu Broad Form Vendors Underground Explosion & Collapse Products Complemt OIm-ations Contractual Independent Contractors Broad Form Property Damage Gen~ Aggregate Products-Comp/Op Agg. Personal & Adv. Injury Each Occurrence F/re Damage (any one fire) Med. Expense (any one person) $1,000,000.00 $1,000,000.00 $1,000,000.00 $1,000,000.00 $ 50,000.00 $ 5,000.00 Automobile Liability Any Auto All Owned Autos Scheduled Autos Hired Autos Non-Owned Autos PI~ Basic Combined Single Limit Bodily Injury (per person) Bodily Injury (per accident) Property Damage Trailer Interchange $ 500,000.00 to be determined to be del,:, mined to be determined $ 50,000.00 Garage Liability Any Auto Crarage Keepe~ Liability Auto Only, Each Accident Other Than Auto Only Each Accident Aggregate $1,000,000.00 $ 100,000.00 $1,000,000.00 $1,000,000.00 Excess Liability Umbrella Form Each Occurrence Aggregate to be determ~ed to be determi-ed Workers Compensation Employer's Liability Each Accident Disease, Pohcy Limit Disease Each Employee Statutory Limits $ 100,000.00 $ 500,000.00 $ 100,000.00 Property Homeowners Revocable Permit $ Builder's Risk Hmi~s based on Project Cost Other - As Risk Identified to be determined INSURANCEADVISORYFORM04 '~ II Revised 10/2001 300,000.00 CITY OF DELRAY BEACH FIRE-RESCUE DEPARTMENT CLINICAL SERVICES UNIT RANDALL L. WOLFF, M.D. 501 W. ATLANTIC AVENUE DELRAY BEACH, FLORIDA 33444 561-243-7499 / FAX 561-243-7475 Chief Jim Ness Boynton Beach Fire Rescue 100 East Boynton Beach Blvd Boynton Beach, Florida 33435 June 25, 2003 Dear Chief Ness: The enclosed documents will serve as our response to your request for information regarding the Clinical Service Unit at the Delray Beach Fire Department serving as the Boynton Beach Fire Rescue's medical and health provider. We propose to model the care delivered to the employees of Boynton Beach to that given to City of Delray Beach employees. The highest level of medical care is practiced on a daily basis at the Clinical Service Unit at Delray Beach Fire Rescue. The Clinical Service Unit (CSU) presently serves the City of Delray Beach and Highland Beach by seeing nearly one thousand visits per year by City workers. All physical exams, blood work, and other supporting testing are performed through the CSU on all City of Delray Beach employees including Fire-Rescue, Police, Beach Patrol and other City employees. The Clinic is located in the Delray Beach Fire Department at 500West Atlantic Avenue. This provides a unique opportunity for interaction of the Clinic with Fire-Rescue on a daily basis. The Clinic is devoted to City employees and their families only. Confidentiality is preserved, yet the camaraderie that has developed between the Clinic personnel and the Department has fostered a relationship such that the Clinic staff are felt to be members of the Fire Department family. Administration, the Union, rank and file and all employees and family have our full attention. The Medical Director and Staff address issues immediately. City personnel feel that it is 'their' Clinic. The Clinic now sees walk in City employees for a nominal charge for minor illnesses and injuries. As the only patients being seen are City employees, the waiting time is minimal to non-existent. The clinic has initiated a fitness program. Initially teamed up with the 911 Fitness Challenge, it has evolved into an ongoing Fitness Challenge. The Clinic's Certified Fitness Coordinator supervises the program. City personnel receive dietary instructions as well as advise from our Certified Fitness Coordinator on customized exercise programs. This effort has had a positive impact on the Wellness and Fitness of Fire-Rescue personnel with significant results in decreasing body fat, improving strength and agility, and improving overall health. This is indeed the desire of both the Department as well as the Clinic. Too often physicians and departments just go through the motions of having a yearly physical by obtaining data and filing it in a chart. There is usually minimal interaction between the medical staff and personnel. That is not what we do. Each patient is treated with respect and given the care and devotion that we would use to treat our family. The philosophy of the Clinic Staff is that we always do what is in the best interest of the patient. The Medical Director and Staffuse NFPA 1582 as the guidelines for Fire Rescue personnel. The Clinic has been in existence for nearly three years seeing nearly 1000 visits per year. We continually strive to improve the service that is offered. The Clinic is developing a mood assessment tool to assess depression and other mood disorders. This is being added to the routine yearly exams on all personnel. In summary, we propose that Boynton Beach use the Clinical Service Unit at the Delray Beach Fire Department as your medical care provider We would also propose developing a plan to perform workman's compensation evaluations at the facility Should you have any questions, please feel free to contact me. The Clinic looks forward to working closely with you.. S!ncerely yours, Randall L. Wolff, M.D. Medical Director CITY OF DELRAY BEACH FIRE-RESCUE DEPARTMENT CLINICAL SERVICES UNIT RANDALL L. WOLFF, M.D. 501 W. ATLANTIC AVENUE DELRAY BEACH, FLORIDA 33444 561-243-7499 / FAX 561-243-7475 ANNUAL MEDICAL PHYSICAL EXAMINATION (Fire Department) Complete History and Physical Examination to include: Establishment of Medical & Occupational History Physical Examination including spinal exam Range of motion and neurological reflex exam EKG Pulmonary Function Testing with pulse oximetry Complete Visual Acuity including peripheral and color vision and depth of field Audiometry in soundproof booth Fitness Assessment by Certified Fitness Coordinator Dietary and exercise program recommendations with follow-up as needed Diagnostic Testing to include: CBC (complete blood count with differential) Complete Urinalysis with microscopic exam TSH (when clinically indicated) Complete Metabolic Panel Lipid Panel (Triglycerides, Cholesterol - HDL & LDL - HDL to LDL ratio) HIV screening RPR Hepatitis = A,B,C and B quantitative (Confirmation on positive results) Total Cost ................................................................................ $ 300.00 CITY OF DELRAY BEACH FIRE-RESCUE DEPARTMENT CLINICAL SERVICES UNIT RANDALL L. WOLFF, M.D. 501 W. ATLANTIC AVENUE DELRAY BEACH, FLORIDA 33444 561-243-7499 / FAX 561-243-7475 PPD Chest X-ray (as needed Drug Test (10-panel) Tetanus as needed Hepatitis B Series (as needed after hire) Titers (quantitative) Hepatitis B Booster (as needed) CRP Blood Test (when cardiac risk factors indicate) 7.50 130.00 75.00 15.00 150.00 15.00 50.00 30.00 Hazmat Tests: Mercury - urine Arsenic- urine Lead - blood Cholinesterase- blood 150.00 PSA (males over 40 years) 20.00 ABO Blood typing (New hires only - firefighters) 30.00 Stress Test 300.00 (New Hire, Hazmat every other year and after age 40 every other year thereafter, or as otherwise indicated) Flu Shot 15.00 Walk in clinic visit fee 20.00 Facility Fee (to be determined by the departments) Professional Firefighters & Paramedics of Delray Beach, Local 1842 - I.A.F.F. P.O. Box 583, DelraY Beach, Florida 33447-0583 (561) 243-7426 Fire-Department Clinic Presentation February 11, 2003 For the past 2~ years, the United States Fire Administration has tracked firefighter fatalities and conducted annual analysis of firefighter deaths. The focus of their effort is to identify specific problems and provide solutions to reduce firefighter fatalities. Each year, approximately 100 fi.refigh'ters are killed while on duty in the United States and tens of thousands a~e injured. In 2002, 102 firefighters died while on duty in the United States. Since the study was initiated in 1978, the leading cause of firefighter fatalities has been due to heart attack. The International Association of Firefighters and the International Association of Fire Chiefs have worked hand in hand in developing the Wellness/Fitness Initiative in an effort to improve firefighter health and reduce firefighter heart attack deaths. In 2001, the Deiray Beach Fire-Rescue Department approached Dr. Randall Wolff, our Medical Director and asked him if he would be interested in assuming the responsibility as our Fire Department Physician also. As our Fire Department Physician, he and his staffwould conduct comprehensive annual physicals in compliance or exceeding guidelines established in NFPA 1582. We also requested his staff include a fitness assessment with each firefighter annual physical. This was established to provide a fitness baseline and offer guidance on improving or maintaining their level of fitness. Additionally, the City of Deiray Beach requested that Dr. Randall Wolff and his staff perform all entry and annual physicals for the police officers, beach patrol and all general employees. We are here today to recognize Dr. Randall Wolff, Physician Assistant Barbara Garcia and Linda Wolff, Clinic Manager for their extraordinary effort in exceeding all expectations and surpassing all contract obligation. Dr. Randall Wolff and his staff have worked diligently to maintain and improve the health of the Delray Beach Fire-Rescue firefighters. They have embraced the Health & Wellness Initiative and developed innovative programs to promote firefighter fitness. They have addressed the crucial issues of better nutrition, proper hydration, improved aerobic conditioning and body fat reduction to enhance f'n'efighter performance and survival in this dangerous and demanding profession. They have taken the initiative to tackle national concerns in the fire service. Recognizing and reducing firefighter psychological stress, monitoring patterns in hearing loss, decreased pulmonary function and possible renal impairment throughout the firefighters career. On behalf of the Delray Beach Fire=Rescue Department and the Professional Firefighters & Paramedics of Delray Beach, Local 1842, we commend Dr. Randall Wolff nmi'YOur staff in your efforts to improve and promote firefighter health and safety. Thank you. ~.~a~Sin,cerely' - Mike Wise Vice-President Local 1842 statutes->View Statutes->2002->Ch0287->Section 057: flsenate.gov Page t o f- flsenate.gov View Statutes Select Year: 2~02 Search Statutes Corem ittees Senators Constitution Information Center Laws of Florida Gol Lobbyist Information Oraer The 2002 Florida Statutes Title XlX PUBLIC BUSINESS Cha_oter 287 PROCUREMENT OF PERSONAL PROPERTY AND SERVICES View Entire Chapter 287.057 Procurement of commodities or contractual services.-- (1)(a) Unless otherwise authorized by law, all contracts for the purchase of commodities or contractual services in excess of the threshold amount provided in s. 287.0].7 for CATEGORY TWO shall be awarded by competitive sealed bidding. An invitation to bid shall be made available simultaneously to all vendors and must include a detailed description of the commodities or contractual services sought; the time and date for the receipt of bids and of the public opening; and all contractual terms and conditions applicable to the procurement, including the criteria to be used in determining acceptability of the bid. If the agency contemplates renewal of the contract, that fact must be stated in the invitation to bid. The bid shall include the price for each year for which the contract may be renewed. Evaluation of bids shall include consideration of the total cost for each year as submitted by the vendor. Criteria that were not set forth in the invitation to bid may not be used in determining acceptability of the bid. (b) The contract shall be awarded with reasonable promptness by written notice to the responsible and responsive vendor that submits the lowest responsive bid. This bid must be determined in writing to meet the requirements and criteria set forth in the invitation to bid. (2)(a) If an agency determines in writing that the use of an invitation to bid is not practicable, commodities or contractual services shall be procured by competitive sealed proposals. A request for proposals shall be made available simultaneously to all vendors, and must include a statement of the commodities or contractual services sought; the time and date for the receipt of proposals and of the public opening; and all contractual terms and conditions applicable to the procurement, including the criteria, which shall include, but need not be limited to, price, to be used in determining acceptability of the proposal. The relative importance of price and other evaluation criteda shall be indicated. If the agency contemplates renewal of the commodities or contractual services contract, that fact must be stated in the request for proposals. The proposal shall include the price for each year for which the contract may be renewed. Evaluation of proposals shall include consideration of the total cost for each year as submitted by the vendor. (b) The contract shall be awarded to the responsible and responsive vendor whose proposal is determined in writing to be the most advantageous to the state, taking into consideration the price and the other criteria set forth in the request for proposals. The contract file shall contain documentation supporting the basis on which the award is made. (3)(a) If the agency determines in writing that the use of an invitation to bid or a request for proposals will not result in the best value to the state, the agency may procure commodities and contractual services by competitive sealed replies. The agency's written determination must specify reasons that explain why negotiation may be necessary in order for the state to achieve the best value and must be approved in writing by the agency head or his or her designee prior to the advertisement of an invitation to negotiate. An invitation to negotiate shall be made available to all vendors simultaneously and must include a statement of the commodities or contractual services sought; the time and date for the receipt of replies and of the public opening; and all terms and conditions applicable to the procurement, including the criteria to be used in determining the acceptability of the reply. If the agency contemplates renewal of the contract, that fact must be stated in the invitation to negotiate. The reply shall include the price for each year for which the contract may be renewed. l~ttp://www, flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&S earch String=&URL=Ch028~... 4,/14/2003 statutes->View Statutes->200z->ChO287->Section 057: flsenate.gov (b) The agency shall evaluate and ra~k responsive replies against all evaluat~or: in the invitation to negotiate and shall select, based on the ranking, one or more which to commence negotiations. After negotiations are conducted, the agency sha!~ contract to the responsible and responsive vendor that the agency determines wilt best value to the state. The contract file must contain a short plain statement that exzla:z- basis for vendor selection and that sets forth the vendor's deliverables and price, pursuar.: contract, with an explanation of how these deliverables and price provide the best value state. (4) Prior to the time for receipt of bids, .proposals, or replies, an agency may conduct a conference or written question and answer period for purposes of assuring the vendods understanding of the solicitation requirements. The vendors shall be accorded fair and equai treatment. (5) When the purchase price of commodities or contractual services exceeds the threshold amount provided in s. 287.017 for CATEGORY TWO, no purchase of commodities or contractua! services may be made without receiving competitive sealed bids, competitive sealed proposals, or competitive sealed replies unless: (a) The agency head determines in writing that an immediate danger to the public health, safe~y, or welfare or other substantial loss to the state requires emergency action. After the agency head makes such a written determination, the agency may proceed with the procurement of commodities or contractual services necessitated by the immediate danger, without receiving competitive sealed bids, competitive sealed proposals, or competitive sealed replies. However, such emergency procurement shall be made by obtaining pricing information from at least two prospective vendors, which must be retained in the contract file, unless the agency determines in writing that the time required to obtain pricing information will increase the immediate danger to the public health, safety, or welfare or other substantial loss to the state. The agency shall furnish copies of all written determinations certified under oath and any other documents relating to the emergency action to the department. A copy of the statement shall be furnished to the Comptroller with the voucher authorizing payment. The individual purchase of personal clothing, shelter, or supplies which are needed on an emergency basis to avoid institutionalization or placement in a more restrictive setting is an emergency for the purposes of this paragraph, and the filing with the department of such statement is not required in such circumstances. ~n the case of the emergency purchase of insurance, the period of coverage of such insurance shall not exceed a period of 30 days, and all such emergency purchases shall be reported to the department. (b) The purchase is made by an agency from a state term contract' procured, pursuant to this section, by the department or by an agency, after receiving approval from the department, from a contract procured, pursuant to subsection (1), subsection (2), or subsection (3), by another agency. (c) Commodities or contractual services available only from a single source'may be excepted from the competitive-solicitation requirements. When an agency believes that commodities or contractual services are available only from a single source, the agency shall electronically post a description of the commodities or contractual services sought for a period of at least 7 business days. The description must include a request that prospective vendors provide information regarding their ability to supply the commodities or contractual services described. If it is determined in writing by the agency, after reviewing any information received from prospective vendors, that the commodities or contractual services are available only from a single source, the agency shall: 1. Provide notice of its intended decision to enter a single-source purchase contract in the manner specified in s. j_20:57(3), if the amount of the contract does not exceed the threshold amount provided in s. 287.0~7_ for CATEGORY FOUR. 2. Request approval from the department for the single-source purchase, if the amount of the contract exceeds the threshold amount provided in s. 287.017 for CATEGORY FOUR. The agency shall initiate its request for approval in a form prescribed by the department, which request may be electronically transmitted. The failure of the department to approve or disapprove the agency's request for approval within 21 days after receiving such request shall constitute prior approval of the department. ~f the department approves the agency's request, the agency shall provide notice of its intended decision to enter a single-source contract in the manner specified in s. ~20.57(3). ~ttp://x~a,w.flsenate.gov/Statutes/index.cfm?App mode=Display Statute&Search String=&URL=Ct~028~... 4/14/2003 statutes->View Statutes->2002->ChO287->Section 05'7: (d) When it is in the best interest' of t~he state, the secretary of the department or h,3 designee may authorize the Support Program to purchase insurance by negotiation, purchase shall be made only under conditions most favorable to the public interest. (e) Prescriptive assistive devices for the purpose of medical, developmental, or vocational rehabilitation of clients are excepted from competitive-solicitation requirements and shah De procured pursuant to an established fee schedule or by any other method which ensures the ~e_~: price for the state, taking into consideration the needs of the client. Prescriptive assistive dewce~ include, but are not limited to, prosthetics, orthotics, and wheelchairs. For purchases made pursuant to this paragraph, state agencies shall annually file with the department a descript~or, of the purchases and methods of procurement. d commodities are not subject to the competitiveq 1. Artistic services. 2. Academic program reviews. 3. Lectures by individuals. 4. Auditing services. 5. Legal services, including attorney, paralegal, expert witness, appraisal, or mediator services. olvir~j examination, diagnosis, treatment, prevention, medical consuita!~on, ,~ 7. Services provided to persons with mental or physical disabilities by not-for-profit corporations which have obtained exemptions under the provisions of s. 501(c)(3) of the United States Internal Revenue Code or when such services are governed by the provisions of Office of Management and Budget Circular A-122. However, in acquiring such services, the agency shall consider the ability of the vendor, past performance, willingness to meet time requirements, and price. 8. Medicaid services delivered to an eligible Medicaid recipient by a health care provider who has not previously applied for and received a Medicaid provider number from the Agency for Health Care Administration. However, this exception shall be valid for a period not to exceed 90 days after the date of delivery to the Medicaid recipient and shall not be renewed by the agency. 9, Family placement services. 10. Prevention services related to mental health, including drug abuse prevention programs, child abuse prevention programs, and shelters for runaways, operated by not-for-profit corporations. However, in acquiring such services, the agency shall consider the ability of the vendor, past performance, willingness to meet time requirements, and price. 11. Training and education services provided to injured employees pursuant to s. 44_0.49(1). 12. Contracts entered into pursuant to s. 337.11. 13. Services or commodities provided by governmental agencies. (g) Continuing education events or programs that are offered to the general public and for which fees have been collected that pay all expenses associated with the event or program are exempt from requirements for competitive solicitation. (6) If less than two responsive bids, proposals, or replies for commodity or contractual services purchases are received, the department or other agency may negotiate on the best terms and conditions. The department or other agency shall document the reasons that such action ~s in the best interest of the state in lieu of resoliciting competitive sealed bids, proposals, or replies. Each :~ttp://www.flsenate.gov/Statutes/index.cfm?App mode=Display_Statute&Search String=&URL:Ch0285... 4/14/2003 statutes->V ~ew Statutes->2002->ChO287->Section 057: fisenate.gov agency shall report all such actions td the department on a quarterly basis, in a manner and form prescribed by the department. (7) Upon issuance of any solicitation, an agency shall, upon request by the department, forward to the department one copy of each solicitation for all commodity and contractual services purchases in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO. An agency shall also, upon request, furnish a copy of'all competitive-solicitation tabulations. The Office of Supplier Diversity may also request from the agencies any information submitted to the department pursuant to this subsection. (8)(a) In order to strive to meet the minority business enterprise procurement goals set forth in s. 287.09451, an agency may reserve any contract for competitive solicitation only among certified minority business enterprises. Agencies shall review all their contracts each fiscal year and shall determine which contracts may be reserved for solicitation only among certified minority business enterprises. This reservation may only be used when it is determined, by reasonable and objective means, before the solicitation that there are capable, qualified certified minority business enterprises available to submit a bid, proposal, or reply on a contract to provide for effective competition. The Office of Supplier Diversity shall consult with any agency in reaching such determination when deemed appropriate. (b) Before a contract may be reserved for solicitation only among certified minority business enterprises, the agency head must find that such a reservation is in the best interests of the state. All determinations shall be subject to s. ~(S). Once a decision has been made to reserve a contract, but before sealed bids, proposals, or replies are requested, the agency shall estimate what it expects the amount of the contract to be, based on the nature of the services or commodities involved and their value under prevailing market conditions. If all the sealed bids, proposals, or replies received are over this estimate, the agency may reject the bids, proposals, or replies and request new ones from certified minority business enterprises, or the agency may reject the bids, proposals, or replies and reopen the bidding to all eligible vendors. (c) All agencies shall consider the use of price preferences of up to 10 percent, weighted preference formulas, or other preferences for vendors as determined appropriate pursuant to guidelines established in accordance with s. 287.09451(4) to increase the participation of minority business enterprises. (d) All agencies shall avoid any undue concentration of contracts or purchases in categories of commodities or contractual services in order to meet the minority business enterprise purchasing goals in s. 287.09451. (9) An agency may reserve any contract for competitive solicitation only among vendors who agree to use certified minority business enterprises as subcontractors or subvendors. The percentage of funds, in terms of gross contract amount and revenues~ which must be expended with the certified minority business enterprise subcontractors and subvendors shall be determined by the agency before such contracts may be reserved. In order to bid on a contract so reserved, the vendor shall identify those certified minority business enterprises which will be utilized as subcontractors or subvendors by sworn statement. At the time of performance or project completion, the contractor shall report by sworn statement the payments and completion of work for all certified minority business enterprises used in the contract. (10) An agency shall not divide the procurement of commodities or contractual services so as to avoid the requirements of subsections (1) through (5). (11) A contract for commodities or contractual services may be awarded without competition if state or federal law prescribes with whom the agency must contract or if the rate of payment is established during the appropriations process. (12) If two equal responses to a solicitation or a request for quote are received and one response is from a certified minority business enterprise, the agency shall enter into a contract with the certified minority business enterprise. (13) Extension of a contract for contractual services shall be in writing for a period not to exceed 6 months and shall be subject to the same terms and conditions set forth in the initial contract. Page 4 of- http://www~senate~g~v/Statutes/index~cfm?App-m~de=Disp~ay-Statute&Search-String=&UPJ~=Ch~28;~ 4/14/2003 statutes->View Statures->ZO0,,-:,cn0287->Section 057: flsenate.gov There shall be only one extension of ~ contract unless the failure to meet the criteria set the contract for completion of the contract is due to events beyond the control of the (14) Contracts for commodities or contractual services may be renewed for a period that ma'~ exceed 3 years or the term of the original contract, whichever period is longer. Renewal of contract for commodities or contractual services shall be in writing and shall be subject to the same terms and conditions set forth in the initial contract. If the commodity or contractual service is purchased as a result of the solicitation of bids, proposals, or replies, the price of the commodity or contractual service to be renewed shall be specified in the bid, proposal, or reply. A renewal contract may not include any compensation for costs associated with the renewal. Renewals shall be contingent upon satisfactory performance evaluations by the agency and subject to the availability of funds. Exceptional purchase contracts pursuant to s. 287.057(5)(a) and (c) may not be renewed. (15) For each contractual services contract, the agency shall designate an employee to function as contract manager who shall be responsible for enforcing performance of the contract terms and conditions and serve as a liaison with the contractor. The agency shall establish procedures to ensure that contractual services have been rendered in accordance with the contract terms prior to processing the invoice for payment. (16) Each agency shall designate at least one employee who shall serve as a contract administrator responsible for maintaining a contract file and financial information on all contractual services contracts and who shall serve as a liaison with the contract managers and the department. (17) For a contract in excess of the threshold amount provided in s. 287.017 for CATEGORY FOUR, the agency head shall appoint: (a) At least three persons to evaluate proposals and replies who collectively have experience and knowledge in the program areas and service requirements for which commodities or contractual services are sought. (b) At least three persons to conduct negotiations during a competitive sealed reply procurement who collectively have experience and knowledge in negotiating contracts, contract procurement, and the program areas and service requirements for which commodities or contractual services are sought. (1.8) A person who receives a contract that has not been procured pursuant to subsections (1) through (5) to perform a feasibility study of the potential implementation of a subsequent contract, who participates in the drafting of a solicitation or who develops a program for future implementation, is not eligible to contract with the agency for any other contracts dealing with that specific subject matter, and any firm in which such person has any interest is not eligible to receive such contract. However, this prohibition does not prevent a vendor who responds to a request for information from being eligible to contract with an agency. (19) Each agency shall establish a review and approval process for all contractual services contracts costing more than the threshold amount provided for in s. 287.017 for CATEGORY THREE which shall include, but not be limited to, program, financial, and legal review and approval. Such reviews and approvals shall be obtained before the contract is executed. (20) In any procurement that costs more than the threshold amount provided for in s. 287_..017 for CATEGORY TWO and is accomplished without competition, the individuals taking part in the development or selection of criteria for evaluation, the evaluation process, and the award process shall attest in writing that they are independent of, and have no conflict of interest in, the entities evaluated and selected. (21) Nothing in this section shall affect the validity or effect of any contract in existence on October 1, 1990. (22) An agency may contract for services with any independent, nonprofit college or university which is located within the state and is accredited by the Southern Association of Colleges and Schools, on the same basis as it may contract with any state university and college. http://www.flsenate.gov/Statutes/index.c fm?App_mode=Display_Statute&Search String=&URL=Ch0287... 4/14/2003 statutes->View Statutes->2002->Ch0287->Section 057: flsenate.gov (23)(a) The department, in consultation with the State Technology Office and the Comptroller. shall develop a program for on-line procurement of commodities and contractual services. To enable the state to promote open competition and to leverage its buying power, agencies shal! participate in the on-line procurement program, and eligible users may participate in the program. Only vendors prequalified as meeting mandatory requirements and qualifications criteria shall be permitted to participate in on-line procurement. The department, in consultation with the State Technology Office, may contract for equipment and services necessary to develop and implement on-line procurement. (b) The department, in consultation with the State Technology Office, shall adopt rules, pursuant to ss. 120.536(1) and 120.54, to administer the program for on-line procurement. The rules shall include, but not be limited to: 1. Determining the requirements and qualification criteria for prequalifying vendors. 2. Establishing the procedures for conducting on-line procurement. 3. Establishing the criteria for eligible commodities and contractual services. 4. Establishing the procedures for providing access to on-line procurement. 5. Determining the criteria warranting any exceptions to participation in the on-line procurement program. (c) The department may collect fees for the use of the on-line procurement systems. The fees may be imposed on an individual transaction basis or as a fixed percentage of the cost savings generated. At a minimum, the fees must be set in an amount sufficient to cover the projected costs of such services, including administrative and project service costs in accordance with the policies of the department. For the purposes of compensating the provider, the department may authorize the provider to collect and retain a portion of the fees. The providers may withhold the portion retained from the amount of fees to be remitted to the department. The department may negotiate the retainage as a percentage of such fees charged to users, as a fiat amount, or as any other method the department deems feasible. All fees and surcharges collected under this paragraph shall be deposited in the Grants and Donation Trust Fund as provided by law. (24)(a) The State Technology Office shall establish, in consultation with the department, state strategic information technology alliances for the acquisition and use of information technology and related material with prequalified contractors or partners to provide the state with efficient, cost-effective, and advanced information technology. (b) In consultation with and under contract to the State Technology Office, the state strategic information technology alliances shall design, develop, and deploy projects providing the information technology needed to collect, store, and process the state's data and information, provide connectivity, and integrate and standardize computer networks and information systems of the state. (c) The partners in the state strategic information technology alliances shall be industry leaders with demonstrated experience in the public and private sectors. (d) The State Technology Office, in consultation with the department, shall adopt rules, pursuant to ss. 120.536(1) and 120.54, to administer the state strategic information technology alliances. History.--s. 1, ch. 78-4; s. 2, ch. 80-206; s. 4, ch. 80-374; s. 1, ch. 82-121; s. 9, ch. 82-196; s. 3, ch. 83-99; s. 3, ch. 83-192; s. 7, ch. 86-204; s. 9, ch. 88-384; s. 1, ch. 89-377; s. 17, ch. 90- 268; s. 8, ch. 91-162; s. 251, ch. 92-279; s. 55, ch. 92-326; s. 7, ch. 93-161; s. 11, ch. 94-322; s. 869, ch. 95-148; s. 6, ch. 96-236; s. 30, ch. 97-153; s. 82, ch. 98-279; s. 11, ch. 99-4; s. 50, ch. 99-8; s. 45, ch. 99-399; s. 33, ch. 2000-164; s. 11, ch. 2000-286; s. 56, ch. 2001-61; s. 4, ch. 2001-278; s. 37, ch. 2002-1; s. 15, ch. 2002-207. Welcome · Session · Committees · Senators ° Information Center · Statutes and Constitution Lobbyist [nformation http://www~senate~g~v/Statutes/index~cfrn?App-m~de=Disp~ay-Statute&Search-String=&URL=Ch~285~. 4/14/2003 stamtes-SView Statutes->2002->ChO287->Section 057: flsenate.gov Page 7 of 7 Disclaimer: The information on this system Is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright ©2000-2003 State of Florida. Contact us. Privacy Statement ~ttp://www~f~senate~g~v/Stamtes/ind¢x~cfm?App-m~de=Disp~ay-Statute&Search-String=&U~L=Ch~2 8 ;... 4/14/2003 Requested City Commission Meeting Dates [] August 5, 2003 [] August 19, 2003 [] September2, 2003 [] September 16, 2003 V.-CONSENT AGENDA CITY OF BOYNTON BEAC ITEM C.5. AGENDA ITEM REQUEST FO vl Date Final Form Must be Turned in to CiW Clerk's Office July 14, 2003 (Noon.) August 4, 2003 (Noon) August 18, 2003 (Noon) September 2, 2003 (Noon) Requested City Commission Meeting Dates [] October 7, 2003 [] October 21, 2003 [] November 5, 2003 [] November 18, 2003 Date Final Form Must be Turned in to City Clerk's Office September 15, 2003 (Noon) October 6, 2003 (Noon) October 20, 2003 (Noon) November 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to approve by Resolution the expenditure of limited public funds for the purpose of furnishing information regarding the Municipal Referendum Election Issue to the citizens and residents of Boynton Beach. EXPLANATION: The City Commission adopts the opinion of the Florida Attorney General in AGO 98-33, where it is stated that government may expend public funds for the purpose of furnishing information to the electors regarding ballot issues, provided that the governing body makes legislative findings as to the purpose of the expenditure and the benefits to the health, safety and general welfare of the public. PROGRAM IMPACT: Educating and informing the City's electors regarding the proposed General Obligation Bond Issue, scheduled to be on the November 4, 2003, municipal election ballot. FISCAL IMPACT: Estimated cost of the information program is expected to be approximately $15,000 inclusive of brochures for inclusion in the utility bills. ALTERNATIVES: Decline official involvement in the information program for the referendum and leave the information program to media and informal methods. Department Head's Signature City Manager's Signature Department Name City Att0',~(4y)-~inance / Human Resources S2BULLETIN~FORMS~AGENDA ITEM REQUEST FORM. DOC RESOLUTION NO. R03- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER T O EXPEND LIMITED PUBLIC FUNDS FOR THE PURPOSE OF FURNISHING INFORMATION TO THE CITIZENS AND RESIDENTS OF BOYNTON BEACH REGARDING THE MUNICIPAL REFERENDUM ELECTION ISSUE CONCERNING THE PROPOSED GENERAL OBLIGATION BONDS, SCHEDULED FOR NOVEMBER 4, 2003; FINDING THAT THIS EXPENDITURE IS IN THE BEST INTERESTS OF THE HEALTH, SAFETY, AND GENERAL WELFARE O F T HE CITIZENS OF BOYNTON BEACH; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission for the City of Boynton Beach ("City") adopted Resolution No. R03-131 on July 15, 2003 which called for a municipal referendum election concerning the issuance of General Obligation Bonds to fund several municipal projects; and WHEREAS, pursuant to Resolution R03-131, the municipal referendum election is scheduled for November 4, 2003, at which time the City's electors will be able to vote as to whether to authorize the General Obligation Bond Issue; and WHEREAS, the City Commission of the City of Boynton Beach desires to I leducate the electorate as to the purposes and goals for the General Obligation Bond Issue; land WHEREAS, the City Commission desires to authorize the City Manager and/or his designee to take all reasonable steps necessary to educate the City's electors about the purpose for the General Obligation Bond Issue; and WHEREAS, the City Commission adopts the opinion of the Florida Attorney General in AGO 98-33, where it is stated that government may expend public funds for the purpose of furnishing information to the electors regarding ballot issues, provided that the governing body makes legislative findings as to the purpose of the expenditure and the benefits to the health, safety, and general welfare of the public; and WHEREAS, the Florida Supreme Court, in peonle Again.qt Tax Revenue Page 1 of 3 583 So.2d 1373 (Fla. 1991) indicated that the ,vernment may expend public funds to support or oppose an issue that is deemed by the body to be in that government's best interests; and WHEREAS, the City Commission has determined that the proposed General Bond Issue will benefit the City of Boynton Beach by authorizing the issuance If General Obligation Bonds to fund various projects, as specified in Resolution R03- 31, which will increase the quality of public services provided to the citizens and residents of Boynton Beach; and WHEREAS, the City Commission of the City of Boynton Beach deems the of limited funds to provide for informational flyers, brochures, mailings, and other educational/informational items for the purpose of educating and informing City's electors concerning the November 4, 2003 referendum election, to be in the B est interests of the health, safety, and welfare of the citizens of the City of Boynton each. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: fleetinn 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. ~ It is hereby found and determined that the proposed General Obligation Bond Issue, authorized pursuant to City Resolution R03-131, which is Ischeduled to be on the November 4, 2003 municipal election ballot, is in the best interests of health, safety, and welfare of the citizens of the City of Boynton Beach and the residents and businesses located within the described area; that it is necessary to provide information regarding the effects of an General Obligation Bond Issue to the City's electorate, a nd t hat providing e ducational/informational flyers, brochures, mailings and other educational/informational items to the City's electorate is the most appropriate and ~ffective means to provide such information. Soetion 3. The City Manager is hereby authorized and directed to take all ;reps necessary to comply with the provisions of this Resolution prior to the November 4, ~.003 municipal referendum election for the purpose of educating and informing the City's ,'lectors of the purpose and goals of the General Obligation Bond Issue and to expend no nore than is reasonably necessary to provide such information. ,Section 4. All resolutions or parts of resolutions in conflict herewith are ~ereby repealed to the extent of such conflict. Page 2 of 3 ~ If any clause, section, other part or application of this Resolution is by any court of competent jurisdiction to be unconstitutional or invalid, in part or it shall not affect the validity of the remaining portions or applications of this ,lution. This Resolution shall become effective upon adoption. ,ED AND ADOPTED this day of August, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk (Corporate Seal) DNT:dnt \~JGCDE_FSR.IBRARYM 990\900182.BB~RESOX2003 - GO Bond Expenditures.doc Page 3 of 3 Registered voters in Boynton Beach will have the opportunity to vote on a bond issue on November 4, 2003, to t,,,ance four recreation and cultural facility projects. Voters will be asked to consider this very important issue to enhance the quality of life in Boynton Beach for all residents. The four projects are: Expansion of the Art Center Remodeling of Municipal Pool at Wilson Center Expansion of the Senior Center Expansion of the City Library Information on these projects will be made available on the City's website (www.boynton-beach.org), including project renderings. Support of this item will disperse $11.4 million to city recreation, education and cultural facilities. It is projected that Boynton Beach residents owning a home with a taxable value of $100,000 (alter the $25,000 Homestead Exemption) will pay +/- $50 per year in taxes with the passage of this bond issue. These dollars will help meet the needs for services and facilities that were reported as important to the community by a majority of residents in recent surveys. Boynton Beach voters will make this important decision on November 4. Please review and understand the needs and benefits and give this item your consideration. Art Center Four new classrooms, additional gallery space and an enlarged pottery studio will: · Accommodate 172 additional students per day · Provide :tO additional programs a week · Increase number of spaces available to children and teens in summer art classes and camps Senior Center An additional 3,432 square feet will: · Serve an additional 300 seniors per day · Provide three new activity rooms · Create a new gardening area · Provide more parking · Improve accessibility to the facility Municipal Pool At Wilson Center Renovation and restoration will: · Create an improved area for swim lessons and fitness classes · Improve the deck and locker rooms · Allow easy entry into the pool for everyone · Enhance facility for aquatic programs City Library An additional 30,000 square feet will result in: · More space for books, videos, DVD's, CD's and other resources · A youth wing with study, program and computer areas · AddiUonal seaUng and research areas · More meeting and program space · Room for improved technology For more information about the General Obligation (GO) Bond and the benefits to your family and community, please call 742-6010. INFORMATION SHEET Election Day in Boynton Beach is Tuesday, November 4th, 2003 Registered voters will have the opportunity to vote on a $11.4 million General Obligation (G.O.) Bond issue to enhance the recreation, education and cultural facilities in Boynton Beach for all residents. The projects are: · Expansion of the Art Center · Expansion of the Senior Center · Remodeling of the Pool at Wilson Center · Expansion of the City Library Ballot language for the November 4th General Election: CITY OF BOYNTON BEACH TO ISSUE GENERAL OBLIGATION BONDS FOR CAPITAL IMPROVEMENT PROJECTS. SHALL THE CITY OF BOYNTON BEACH, FLORIDA ISSUE GENERAL OBLIGATION BONDS IN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $11,075,000.00, WITH A MATURITY NOT TO EXCEED TWENTY YEARS, BEARING INTEREST AT A RATE NOT EXCEEDING THE LEGAL RATE, AND PAYABLE FROM CAPITAL IMPROVEMENTS TO: THE WILSON MUNICIPAL POOL? FOR BONDS AD VALOREM TAXES TO PROVIDE FUNDS FOR ART CENTER, LIBRARY, SENIOR CENTER, AND AGAINST BONDS Approximate cost to a homeowner with $100,000 home after the $25,000 Homestead Exemption is/e~.~ than $1.00 a week Who will benefit from the G.O. BOND? budding and seasoned ARTISTS, young and lifelong LEARNERS, novice and conditioned SWIlUlf4ERS, active and vivacious SENIORS, new and avid READERS, classroom and home school TEACHERS, new and current RESIDENTS.../t~ all about a better quality of life for everyone in Bo?nton Beach/ For more information on the bond and benefits to your family and community, please call 742-6010 or visit the City Of Boynton Beach website at www.boynton-beach.org draft City of Boynton Beach Recreation & Parks Department PO Box 310 Boynton Beach Boulevard Boynton Beach, FL 33435 For Details, Contact: Ginny Shea Marketing Manager Phone: 561-742-6236 Fax: 561-742-6238 Email Address: sheavt~ci.bovnton- beach.fi. US City Website http:/www.boynton- beach.org MEDZA RELEASE City Residents to Vote on General Obligation Bond Start Date: October 1, 2003 Stop Date: November 4, 2003 Boynton Beach ... Residents of Boynton Beach will be given the opportunity to vote on a General Obligation Bond in the November elections. The bond will finance four recreational, educational and cultural facility projects. The projects are the expansion of the Art Center and the Senior Center, remodeling of the municipal Pool at Wilson Center and the expansion of the City Library. "~['m excited that there will be an opportunity to vote on this issue" says city resident xxx. "Boynton Beach has long been in need of additional places to play, learn and enjoy cultural activities. "Quality education, culture and recreation programs help communities stay healthy, bring people together and stimulate the local economy." Support of this issue will disperse $1:[.4 million to city recreation, education and cultural facilities. These dollars will help meet the needs for services and facilities that were reported as important to the community by a majority of residents in recent surveys. [t is projected that Boynton Beach residents owning a home with a taxable value of $:[00,000 (after the $25,000 Homestead Exemption) will pay +/- $50 per year in taxes with the passage of this bond issue. Parks, recreation activities, libraries, and leisure experiences provide opportunities for people to live, grow and develop into contributing members of society, and what's more, parks and recreation create lifelines and continues life experiences for older members of our community. Parks, playgrounds, nature trails, community and cultural centers make Boynton Beach an attractive and desirable place to live, learn work play and visit and contributes to our ongoing economic vitality. To find out more about the General Obligation Bond and how it will impact the quality of your life, go to www.boynton-beach.org or call 742-6010 -30- Text for 104.3 and 106.3 fm radio ads, on-hold message and water bills... Late September and October It's About a Better (~uality of Life For Everyone in Boynton Beach! Registered voters in Boynton Beach will have the opportunity to vote for a bond on November 4 supporting renovations or additions to four recreation, educational and cultural projects. This very important issue effects the quality of life in Boynton Beach for all residents. The need for enhanced services at the Art Center, Senior Center, Wilson Pool and city library was reported in recent surveys as important to our community. To learn more about the benefits of the Boynton Beach GO Bond, call 742- 6010. Enjoy the benefits of recreation, education and culture in Boynton Beach. V.-CONSENT AGENDA ITEI t C.6 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORIvl Requested City Commission Meeting Dates [] August 5, 2003 [] August 19, 2003 [] September 2, 2003 [] September 16, 2003 Date Final Form Must be Turned in to City Clerk's Office July 14, 2003 (Noon.) August 4, 2003 (Noon) August 18, 2003 (Noon) September 2, 2003 (Noon) Requested City Commission Meeting Dates [] October 7, 2003 [] October 21,2003 [] November 5, 2003 [] November 18, 2003 Date Final Form Must be Turned in to City Clerk's Office September 15, 2003 (Noon) October 6, 2003 (Noon) October 20, 2003 (Noon) November 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Admimstrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to approve Resolution __ authorizing the City Manager, Finance Director, City Attorney and Bond Counsel to take all necessary and desirable steps to prepare for issuance by the City of revenue bonds to refinance the City's Public Service Tax Refunding Revenue Bonds, Series 1993 and to finance various capital projects of the City. EXPLANATION: With the current low interest rates the City can realize at least a 3% savings by refunding the Series 1993 Public Service Tax Bonds. In an effort to save on closing cost, which average around $200,000 per bond issue, the staff is recommending combining the refunding issue with a new money issue that would fund the following capital projects: Greenway/Bikeways - $1,000,000; Jaycee Park Acquisition/Development - $2,500,000; SW Boynton Park & Community Center - $3,040,000; Wilson Center Replacement - $1,496,500 and Wilson Park Improvements - $379,500. PROGRAM IMPACT: Current PS Tax Debt Service is scheduled to be paid in full on November 1,2011. The new issue is proposed to be a 15 year issue which would extend the payoffto November 1, 2018. FISCAL IMPACT: The estimated annual debt service payment would be $2.5M until November 1, 2007 and then it would drop to $1.5M until November 1, 2010 then the payments would drop to $800,000 annually for the remainder of the life of the bonds. The City currently receives approximately $4M annually from PS Tax revenue that is applied to debt service. ALTERNATIVES: Not proceed with the Refunding and issue the new bon~ Department Head's Signature ~ty Manager's Signature Finance Department Name City A~0p~e~, / Finance / Human Resources S:XBULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R03- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING STAFF TO PREPARE FOR THE REFINANCING OF THE CITY'S PUBLIC SERVICE TAX REFUNDING REVENUE BONDS, SERIES 1993 AND THE FINANCING OF VARIOUS CAPITAL PROJECTS OF THE CITY; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Seetinn 1. The City Manager, Finance Director, City Attorney and Bond 'ounsel are authorized and directed to take all necessary and desirable steps to prepare for issuance by the City of revenue bonds to refinance the City's Public Service Tax ~g Revenue Bonds, Series 1993 and to finance various capital projects of the The City shall not issue any such bonds until so authorized by the City 'ommission, and at the appropriate time, staff shall present this matter to the City '~ommission for further consideration. In addition to the general authorization herein staff is directed to solicit proposals from investment banking firms to serve as for such bonds and to recommend to l~he City Commission the qualified firm >ffering the lowest cost to the City for the required services. ~ This Resolution shall become effective upon adoption. Page 1 of 2 PASSED AND ADOPTED this __ day of September, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk (Corporate Seal) Page 2 of 2 V.-CONSENT AGENDA ITEl4 D.1. CITY OF BOYNTON BEACt AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] August 5, 2003 [] August 19, 2003 [] September 2, 2003 [] September 16, 2003 NATURE OF AGENDA ITEM Date Final Form Must be Turned in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to Cit~ Clerk's Office July 14, 2003 (Noon.) [] October 7, 2003 August 4, 2003 (Noon) [] October 21,2003 August 18, 2003 (Noon) [] November 5, 2003 September 2, 2003 (Noon) [] November 18, 2003 September 15,2003(Noon) October 6, 2003 (Noon) October 20, 2003 (Noon) .~ November 3, 2003 (Noo~)> [] Admimstrative [] Legal co [] Announcement [] New Business [] City Manager's Report [] Presentation .~. [] Consent Agenda [] Public Hearing ca [] Code compliance/Legal Settlements [] Unfinished Business ---~ RECOMMENDATION: Please place this request on the September 2, 2003 City Commission Agenda under Consent Agenda. The Planning and Development Board with a unanimous vote, recommended that the subject request be approved subject to all staff comments. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-169. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Boynton Commerce Center (USAP 03-002) Joni Brinkman, AICP Nayrot Realty, Inc. Southwest comer of 1-95 and Woolbright Road Request for a change to the list of approved uses to include additional manufacturing uses and increased retail sales up to 100% on Lot 3 "B" of the Boynton Commerce Center PID. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: /~ N/A Developn~ejD~ax~en~ Director · City"'lO[anager s Signature Planning and Zonin~/D~ector G:\Holding folder to transfer~.genda It~n Request Boynton City Attorney / Finance / Human Resources Commerce Cu' USAP 03-003 9-2-03.dot SSBULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC TO: TH RU: FROM: DATE: PROJECT NAME/NO: REQUEST: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-169 STAFF REPORT Chairman and Members Planning and Development Board and City Commission Michael Rumpf Director of Planning & Zoning Eric Lee Johnson, AICP Planner August 20, 2003 Boynton Commerce Center P1;D / (USAP 03-002) Use Approval Property Owner: Agent: Location: Existing Land Use/Zoning: Proposed Land Use/Zoning: Proposed Use: Acreage: Adjacent Uses: North: South: East: PRO3ECT DESCRTp'rzON Nayrot Realty, Incorporated .loni Brinkman, AfCP / Winston Lee & Associates, 1;ncorporated Boynton Commerce Center PTD 1;ndustrial (1;) / Planned 1;ndustrial Development N/A The application includes a general list of new uses proposed in this P1;D (see Exhibit "B"- Proposed Revisions to the Approved List of Permitted Uses) + / -3.8 acres (Lot 3B) Developed Boynton Commerce Center Lot 3-A (Lowe's) with a Local Retail Commercial (LRC) land use designation, zoned Community Commercial (03); Developed office / industrial Boynton Commerce Center Lot 3-C with a 1;ndustrial (1;) land use designation, zoned Planned l~ndustrial Development (PID); Right-of-way for the C.S.X. Railroad, then farther east is right-of-way for 1;nterstate 95; and Boynton Commerce Center (USAP 03-002) Staff Report Memorandum No PZ-03-169 Page 2 West: Vacant industrial property, Boynton Commerce Center Lot 3-H, classified ~[ndustrial (T) and zoned, Planned Industrial Development (P:[D); still farther west is developed residential property with a Moderate Density Residential (MoDR), zoned Single Family Residential (R-l-AA). BACKGROUND & ANALYSTS Ms..loni Brinkman, agent for the owner has submitted an application for use approval in the Boynton Commerce Center Planned ]:ndustrial Development (P:[D) (see attached location map - Exhibit"A"). Each Planned Tndustrial Development (PTD) has a list of permitted uses. :In short, the applicant is currently requesting a wide variety of uses and intensities, which range from very industrial to commercialized industrial-type uses. The commercialized uses would allow for showrooms and retail spaces to assume up to 1.00% of the gross floor area of a bay. The underlined text indicates the applicant's proposed language to the Boynton Commerce Center P:[D permitted use list. Staff analyzed each proposition and offers a brief summary and recommendation. For clarity in the staff report, staff's analysis and recommendations are ita//cized below each of the proposed categories. Exhibit "B" shows Ms. Brinkman's proposed modifications to the Permitted Use List of the Boynton Commerce Center Planned Tndustrial Development (P~[D). Exhibit "D" is a copy of the current Light ]:ndustrial (M-l) zoning district regulations. The proposed changes are as follows(underlined): ~[. Permitted Uses, Not Requiring Environmental Review Approval. No change proposed. A. Personal Services No change proposed. B. Manufacturing, including compounding, assembly, repair, or treatment of articles or merchandise from previously prepared materials from the following: 1. Cellophane. 2. Canvas. 3. Fiber (i.e. wood, except that furniture manufacturing requires environmental review). 4. Fiberglass. 5. Glass. 6. Leather. 7. Textiles. 8. Yarn. 9. Uses listed under Section 8.A.l.a(6), (_7~, (9), (10~, (:L2-15~, (18~, and (21); Section 8.A.l.b.(1) & (3) of the Boynton Beach Zoning Code. More specifically, they are the following uses: Furniture, cabinets, and wood fixtures, with gross floor area of shop not greater 2,000 square feet. Blind, shutter, shade, and awninq fabrication from wood, plastic, fabric, canvas, or finished metal pieces. Boynton Commerce Center (USAP 03-002) Staff Report Memorandum No PZ-03-169 Page 3 Stone cuttinq and finishing. Statuary, ornaments, and art goods. Ceramic, pottery, and porcelain products, using only previously pulverized clay, and using kilns only by electricity or gas. Tnvestment casting. Machinery, equipment, appliances, parts, and tools, limited to assembly of finished parts and materials. Medical and dental equipment. Artist and craftsman shops, excluding retail display or sales on premises. Electrical and electronic goods, limited to cutting and assembly of parts and materials. Industrial, commercial, office and professional equipment; service, repair, and rebuilding, excluding uses specifically prohibited in Section 8.A.5. Furniture and antique upholstery, covering, and repairing. These proposed uses would be compatible with the uses that are a/ready permitted within the PID. With the incremental loss of industrially-zoned lands throughout the City, staff we/comes the applicant's request for the above-referenced uses. However, in the Light Industrial (RI-l) zoning district, these types of uses would normally require an environmental review permit. Staff recommends that these types of uses be subject to environmental review and approval (see Exhibit "C"- Conditions of Approval). C. Warehouse, Distribution, Wholesale No change proposed. Any manufacturing category listed above, or any use listed in Chapter 2, Section 8.A.l.c(2), (3), (4), (6), (7), (9), (14), and (16) of the M-1 I~NDUSTR~L D1~STRI~CT, Zoning Regulations (see Exhibit "D'9 But not limited to the following: Window treatment manufacturing and showroom Glass and mirror manufacturing and distribution Alarm system manufacturing and installers Tile and Carpet wholesale Furniture wholesale and distribution Artificial flowers/plants wholesale and distribution Paper Plastic Metals ('i.e. machine shop) Rubber Electrical appliances, instruments, devices, and components Boat parts and equipment Airplane parts and equipment Medical equipment, instruments, devices, and components Furniture Precision instruments Engraving, printing, and publishinq. Boynton Commerce Center (USAP 03-002) Staff Report Memorandum No PZ-03-169 Page 4 It iS staff's opinion that these provisions would better satisfy current demands for light industrial property by encouraging development which would reflect changes in the technology of/and development and re/ate the development of/and to the specific site. Therefore, staff has no objection to the proposed additions. Retail sales are allowed for good listed under the sections specified under I.C. 1., provided that less than 50% of the goods sold on the premises are sold at retail with the exception of the area designated on Lot 3B as industrial, which shall be allowed re retail sales. The applicant is requesting that, in conjunction with the expanded use list indicated above under I. C 1, that retail sales of up to 50% of those goods be allowed as ancillary to the wholesale operation of the business. Additionally, these retail sales may only occur in the westernmost portion of the building as depicted on the approved site p/an for Lot 3B. In return, the applicant would restrict the remainder of the building (eastern portion) on Lot 3B to industrial users only with no retail sales activity allowed. In staff's analysis, the applicant appears to be attempting to take advantage of the linkage and exposure from the Lowe's Superstore parking lot for other similar types of Home Improvement business (retail in nature) that would thrive in such an environment. This concept does have merit. When combined with the fact that the remainder of the building (which does not benefit from this natural linkage to Lowe's Superstore) would contain no retail uses and that the site p/an accommodates the parking necessary to operate in the requested manner, staff concurs with the proposal. However, staff recommends that as a condition of approval, the applicant shall provide a revised traffic impact statement indicating the proposed uses (i. e. retail, industrial) and their respectJ've intensities (building area by square footage) to confirm that the project would continues to meet the Traffic Performance Standards of Palm Beach County (see Exhibit "C"- Conditions of Approval). Retail sales of up to 100% of sales, are allowed for goods listed under the section specified in (Sect/on LC.l_.) above on Lot 3B only, for up to 49% the gross floor square footage of the building, with the exception of 8.A. 1.c.(14~. The specific uses within the code sections 8.A.l.c. (2), (3) and 'furniture' shall be limited to a maximum floor area of 10,000 square feet. This square footage shall be located in the western area of the buildinq and depicted on the approved site plan. This retail sales "use" is considered ancillary to the overall industrial uses approved for this lot. Staff originally had concerns with converting industrial property for commercial users. However, the concerns revolved around four spec/ftc uses that could have the propens/ty to allow intensive 'big box' type commercial users. These were sections 8.A.l.c. (2), (3), (14), and 'furniture: The applicant has agreed to address staff's concerns by withdrawing the "retail" request for 8.A.l.c. (1~t)- auto parts and accessories and by I/m/ting the max/mum square footage of the three remaining requests to 10,000 square feet. Staff fee/s that by l/m/ting the amount of square footage allowed for these spec/tic uses, the possib#/ty of one of the uses utilizing the entire square footage for an intensive commercial use/s avoided. The objective of the above-referenced request/s to allow a reta/I bus/nesses for a small select group of bays w/thin the building proposed on Lot 3B. This particular lot/s attractive to retail users because of/ts close proximity to and visibility from the Lowe's Superstore. The applicant maintains that this liberal interpretation of retail uses would be Boynton Commerce Center (USAP 03-002) Staff Report Memorandum No PZ-03-169 Page 5 minor compared with the building area of the entire PID. However, the traffic statement (for the accompanying new site plan (NWSP 03-oog) for Lot 3B) was based on "Light industrial" rather than "Retail" or "Commercial': Retail uses were not taken into consideration as how it relates to the Traffic Performance Standards of Pa/m Beach County. The above-referenced uses, if permitted at 100% retail, wou/d share s/mi/ar character/st/cs and performance character/st/cs with that of traditional industrial uses. As previously mentioned, staff recognizes that Lot 3B abuts the Lowe's Superstore and is therefore, a very attractive location for a retail business. Therefore, staff recommends a/lowing 100% of sales on Lot 3B conditioned on the following- This would occur in the western portion of the proposed building on Lot 3B only, which would be regulated by the site plan of record and that the uses covered under Section 8.A.l.c. (2), (3), and 'furniture' be limited to a maximum square footage oflO, 000 square feet. Additionally, uses covered under Section 8.A.l.c (1,I) shall not be allowed the retail option. Furthermore, as agreed to by the applicant, there w#/ be no retail sales a/lowed in the remainder of the building. This is a significant change, as these uses would normally be allowed to sell up to ,1g% of their sales as retail. Prohibiting retail sales in the remainder of the bu#ding will reduce the intensity of these bays. Retail uses would be limited to the uses listed under section I. C. 1. of the proposed use//st, excluding 8.A.l.c.(1,1)-, auto parts and accessories (see Exhibit "C"- Conditions of Approval). D. Operations Center- Requiring a mix of moderate warehouse and increased office use. l. Bank Operations Center 2. Insurance Company Records Storage 3. Government Operations Facility 4. Radio / TV studio 5. Nursing Registries 6. Non-profit Trade Organization Research and Record Stoage Facilities 7. Offices for contractors (work shops and outside storaqe). However, truck parking for contractors is specifically prohibited. Presently, work shops, outs/de storage, and truck parking are specifica//y prohibited w/thin the Boynton Commerce PID. The applicant is requesting that a contractor's workshop and outside storage be allowed within the PID. The prohibit/on of truck parking would remain throughout the PID. Staff's concerns ar/se when greater emphasis is p/aced on the contractor's workshop rather than the office space. It is staff's opinion that there is a positive correlation between the size (intensity) ora contractor's workshop area and the need for outdoor storage areas. In theory, the greater the size of workshop space, the greater the need for outdoor storage area. Staff has no object/on to allowing workshop area or outdoor storage areas. However, since the need for outdoor storage space is somewhat proportional to the intensity of workshop spaces, staff recommends limiting the areas of outside storage space in order to mit/gate the negative, if any, consequences of outdoor storage. Therefore, staff recommends limiting the size of the outdoor storage area cons/stent with Chapter 2, Sect/on Z.E. 1 which states that "Outdoor storage of materia/s may be permitted based on a finding of the Planning & Development Board that such storage does not exceed 15% of Boynton Commerce Center (USAP 03-002) Staff Report Memorandum No PZ-03-169 Page 6 the total square footage of the building site and that such storage is screened and fence to preclude exposure to the public" (see Exhibit "C"- Conditions of Approval). E. Offices No change proposed. II. Uses requiring Environmental Review- See Planning Department for Application No change proposed. A. Manufacturing, including compounding, assembling, repair, or treatment of articles or merchandise from the following previously prepared materials: No change proposed. B. Warehouse, Distribution, Wholesale. No change proposed. 1. Seafood (excluding Processing) No change proposed. 2. Principal uses for any of the manufacturing categories listed under ]~]~.A. above. No change proposed. Retail sales are allowed for goods listed under the sections specified under I~I.A.5., provided that less than 50% of the goods sold on the premises are sold at retail, with the exception of the area desiqnated on Lot 3B as industrial~ which shall be allowed no retail sales. This is essentially a repeat of the uses requested under item I. C. 2 to correspond with the organization of the current use approval//st, which has a separate sect/on for uses subject to Environmental Review. Staff has no object/on to prohibiting retail sa/es in the remaining industrial port/on of the building as it decreases the intensity of the uses from what is currently allowed by code. As these eastern bays would norma#y be a/lowed to have retail sales of up to 4g% of their gross sales, this prohibition could represent the same or lower intensity than the status quo. However, the applicant has not provided any empirical evidence of this perceived "lower evidence': Therefore, in conjunction with the recommendation made in item I. C2, staff would recommend that a traffic impact statement be reviewed and approved by the Palm Beach County Traffic Division in order to determine the proposed language's effect on the Traffic Performance Standards of Palm Beach County (see Exhibit "C"- Conditions of Approval). ]~ZZ. All uses not specifically listed above are prohibited. Furthermore, the following uses are expressly prohibited: Boynton Commerce Center (USAP 03-002) Staff Report Memorandum No PZ-03-169 Page 7 1. Fertilizer manufacturing, sale, or distribution 2. Millwork 3. Metal casting 4. Welding shop 5. Contractors' shops, storage, or truck parking 6. Retail sales, where the value of goods sold at retail exceeds 50% of the total value of goods sold from the premises with the exception of the area designated on Lot 3B as industrial, which shall be allowed no retail sales. 7. Any warehouse or wholesale use which is listed in Section 8.A.2.b, 8.A.3.c., or Section 8.A.5.b. of the "M-1 INDUSTRIAL DISTRICT". Again, due to the current layout of the use approval//st, which isolates prohibited uses / act/v/t/es, this provision is repeated. Staff has no object/on to prohibiting retail sa/es in the remaining/ndustr/alport/on of the subject bu#d/ng (Lot 3B) as it decreases the intensity of the uses from what is currently allowed by code. As these eastern bays would normally be allowed to have retail sales of up to d9% of their gross sa/es, this prohibition could represent the same or lower intensity than the status quo. A/so as indicated above, the applicant has not provided any empirical evidence of this perceived "lower /ntens/ty': Therefore, in conjunct/on w/th the recommendation made in item I.C.2, staff would recommend that a revised traffic impact statement be required indicating the proposed uses and their intensities (building area). The Palm Beach County Traffic D/v/s/on would review the revised traffic impact statement to determine the change (if any) on the Traffic Performance Standards of Palm Beach County (see Exhibit "C"- Conditions of Approval). Parking Requirements: 1. Showrooms associated with the principal use are permitted as an ancillary use up to a maximum of 30% of the total gross floor area devoted to such use. It has been a long-standing po/icy of staff in limiting accessory showroom space of an industrial user to 20% to 25% of the gross floor area ora bay or building. However, staff has no object/on to allowing 30% of the total gross floor area to be used as accessory showroom. This is cons/stent with recent written staff interpretations of the definition of 'ancillary'and we, therefore, have no object/on to this requested rev/s/on. 2. Offices associated with the principal use are permitted as an ancillary use with a maximum of 25% (30%) of the total gross area devoted to such use. It has been a long-standing policy of staff in l/m/ting accessory office space of an industrial user to 20% to 25% of the gross floor area ora bay or building. However, staff has deviated from this po/icy in the past and would not object to the 30% threshold for accessory office space. This is consistent with recent written staff interpretations of the definition of 'ancillary' and we, therefore, have no objection to this requested revision. 3. Office floor area which exceeds 25% (30%) of the total gross floor area shall be Boynton Commerce Center (USAP 03-002) Staff Report Memorandum No PZ-03-169 Page 8 considered a principal use and shall provide parking at the rate of one (:L) parking space per 300 square feet of the entire gross floor area devoted to such use. According to Chapter 2, Sect/on ll.H. 15. d. (20), office and office bu/Tdings require one (1) parking space per 300 square feet of gross floor area. The applicant's request is cons/stent with the Land Development Regulations and staff's previous written interpretation of 'ancillary' uses and therefore, staff has no objections. Lot 3B: The parking calculation methods t) be utilized for Lot 3B are as follows: Staff has no issue with having a separate method for calculating required parking for Lot 3B. 1. Retail: The potential retail square footage (up to 49% of the gross floor square footaqe), shall require one (1) parking space per 200 square feet. If the western 49% of the ground floor square footage were a few select bays that would be permitted to have more than ~t9% retail sa/es, then the entire bay square footage would be calculated at a retail rate of one (1) space per 200 square feet (see Exhibit "C"- Conditions of Approva/). Blended Rate: Warehouse, distribution, wholesale, showroom, and manufacturing uses shall have the option to utilize a blended rate of one {:~) parking space per 500 square feet of gross floor area. According to Chapter 2, Sect/on 11. H. 16. f. (1), manufacturing and industrial uses shall require one (1) parking space per 500 square feet of gross floor area. H/ho/esale and distribution establishments shall require one (1) parking space per 800 square feet of gross floor area. Staff has no objection to the above referenced request because the se/f-imposed parking restriction would be more limiting than the current situation and also because of the assurance of a previous staff recommendation to //mit the showroom space to no more than 30% of the gross floor area ora bay. 3. Mezzanine square footage shall be limited to warehouse uses and may utilize a parking calculation method of one ('1) parking space per 800 square feet of qross floor area. According to Chapter 2, Sect/on l l.H. 16. f.(5), warehouses and other indoor storage facilities, warehouse - industrial comp/exes are required one (1) parking space per 800 square feet of gross floor area. The applicant's request is consistent w/th the Land Development Regulations, and therefore, staff has no objections. Boynton Commerce Center (USAP 03-002) Staff Report Memorandum No PZ-03-169 Page 9 PERFORf,IANCE STANDARDS Finally, the applicant is required to address the Performance Standards listed in Chapter 2, Section 4.N of the Land Development Regulations as they relate to the proposed list of permitted uses. The purpose of the Performance Standards is to ensure that uses will not be a nuisance or hazard to persons, animals, vegetation or property located on adjacent or nearby properties or right-of-way; or to interfere with the reasonable use or enjoyment of adjacent or nearby property by reason of noise, vibration, smoke, dust, or other particulate matter; toxic or noxious matter; odor, glare, heat or humidity; radiation, electromagnetic interference, fire or explosive hazard, liquid waste discharge, or solid waste accumulation. The applicant has been asked to provide a description of their request relative to the performance standards within Chapter 2, Section 4.N of the Land Development Regulations to evaluate the impact and appropriateness of this use within the P]:D district. These responses are listed as follows: Noise: No use shall be carried out on the property so as to create sound which is in violation of Section 15-8 of the City Ordinances. The uses shall as proposed shall not produce sound in violation of Section 15-8. Vibrations: No use shall be carried out on the property so as to create inherently and recurrently generated ground vibrations, which are perceptible without instruments at any point at or beyond the property line. The uses as proposed should not create ground vibrations that would be perceptible beyond the property lines of the subject lot. Smoke, dusb dirt, or other particulate matter: No use shall be carried out on the property so as to allow the emission of smoke, dust, dirt, or other particulate matter, which may cause damage to property or vegetation, discomfort or harm to persons or animals, or prevent the reasonable use and enjoyment of property and rights-of-way beyond the property line. Furthermore, no use will be carried out on the property so as to allow the emission of any substances in violation of any federal, state, county, or city law or permit governing the emission of such substances. The proposed uses do not produce smoke, dust, dirt, or other particulate matter and shall comply with all federal, state, county or city laws or permits pertaining to same. Odors and fumes: No use shall be carried out in any industrial district so as to allow the emission of objectionable or offensive odors or fumes in such concentration as to be readily perceptible at any point at or beyond the boundary of industrial districts. For all non districts, the standards contained in this paragraph shall apply where district abuts a residential district. The proposed uses do not produce any objectionable or offensive odors or fumes that would be readily perceptible at any point at or beyond the boundary of the PID or Lot 3B. Toxic or noxious matter: No use shall be carried out in any zoning district so as to allow the discharge of any toxic or noxious matter in such concentrations as to cause damage to the property or vegetation, discomfort, or harm to persons or animals, or prevent the reasonable use and enjoyment of property or rights-of-way, at or beyond the property line of the property on which the use is located; or to contaminate any public waters or any groundwater. The proposed uses do not produce any toxic or noxious matter in any concentrations that would cause or vegetation, discomfort, or harm to persons or animals, or prevent the reasonable use and enjoyment of property or rights-of-way, at or beyond the property line of the property on which the use is located; or contaminate any public waters or any groundwater. Boynton Commerce Center (USAP 03-002) Staff Report Memorandum No PZ-03-169 Page 10 Fo Fire and Explosion: No use shall be carried out in any zoning districts so as to create a fire or explosion hazard to adjacent or nearby property or rights-of-way or any persons or property thereon. Furthermore, the storage, use, or production of flammable or explosive materials shall be in conformance with the provision in Chapter 9 of the City of Boynton Beach Codeor Ordinances. The proposed uses do not create a fire or explosive hazard. There will be no storage of flammable or explosive materials unless in conformance with Chal:ter 9. Heat, Humidity or Glare: No use shall be carried out in any zoning district so as produce heat, humidity or glare readily perceptible at any point at or beyond the property line of the property on which the use is located. Artificial lighting, which is used to illuminate any property or use, shall be directed away from any residential use, which is a conforming use according to these regulations, so as not to create a nuisance to such residential uses. The proposed uses do not produce heat, humidity or glare. Site lighting will conform to code requirements and shall not be directed toward any residential uses. Liquid Waste: No use shall be carried out in any zoning district so as to dispose of liquid waste of any type, quantity, or manner, which is not in conformance with the provisions of Chapter 26 or the City of Boynton Beach Code of Ordinances, or any applicable federal, state, or county laws or permits. Any applicable provisions of Chapter 26 of the City Of Boynton Beach Code of Ordinances, or any applicable federal, state, or county laws or permits shall be complied with. Solid Waste: No use shall be carried out in any zoning districts so as to allow the accumulation or disposal of solid waste which is not in conformance with Chapter 10 of the City Ordinances, or which would cause solid waste to be transferred in any manner to adjacent or nearby property or rights-of- way. The proposed uses shall be in compliance with Chapter 10 of the City Of Boynton Beach Code of Ordinances and shall utilize the solid waste receptacles as depicted on the approved site plan. Electromagnetic:Interference: No use shall be carried out in any zoning districts so as to create electromagnetic radiation, which causes abnormal degradation of performance of any electromagnetic receptor of quality and proper designas defined, by the principles and standards adopted by the Tnstitute of Electrical and Electronics Engineers, or the Electronic l~ndustries Association. Furthermore, no use shall be carried out on the property so as to cause electromagnetic radiation, which does not comply with the Federal Communications Commission Regulations, or which causes objectionable electromagnetic interference with normal radio or television reception in any zoning district. The proposed uses shall not create electromagnetic radiation. Hazardous t4aterials and Hazardous Waste: l~tems a. through d. If any business locates within the P1~D which uses, handles, stores, or displays hazardous materials or generates hazardous waste, shall comply with items a. through d. as outlined in the City's performance standards. In addition, Section ll.3, of the use list outlines specific uses which are prohibited in the PI~D and no additions or deletions to this portion of the approved list has been proposed as part of this request. The above-referenced testimony by the applicant certifies that the proposed uses would not violate any of the performance standards listed in Chapter 2, Section 4.N of the Land Development Regulations. The approved site plan (NWSP 03-009) to construct a 71,174 square foot building on Lot 3B indicates that after ils completion, the entire PID would have an excess parking in the amount of 128 spaces. Boynton Commerce Center (USAP 03-002) Staff Report Memorandum No PZ-03-169 Page 11 RECOM MEN DAT~O N Staff has taken into consideration thetransitional nature of this remaining lot of the PI~D as influenced by the new Lowe's Center, the minor nature of the limited amount of retail being requested for the building on Lot 3B in relation to the overall square footage of the entire P1~D, the fact that the required parking for any retail square footage in the building will be based on the retail calculation method, the limitations as to maximum square footage of certain requested uses, and the applicant's proposition to prohibit retail sales that would normally be allowed in the remaining portion of the building. Staff recommends that the above requests for use approval be approved subject to all staff comments outlined in the attached Conditions of Approval. Additional comments recommended by the Board or Commission would also be included in Exhibit "C"- Conditions of Approval. S:\Planning\$hared\Wp\Projects\Boynton Commerce Ctr~USAP 03-002\Staff Report .doc Location Map BOYNTON BEACH COMMERCE CENTER LOT 3 B EXHIBIT "A" 0 PCD C3 EXHIBIT Proposed Revisions to the Approved List of Permitted Uses and Parking Requirements for Boynton Commerce Center PID (Development Department Memorandum No. PZ-98-283) Permitted Uses, Not Requiring Environmental Review Approval. A. Personal Services 1. Carpet and Upholstery Cleaning Bo Manufacturing, including compounding, assembly, repair, or treatment of articles or merchandise fi:om the following previously prepared materials: 5. 6. 7. 8. 9. Cellophane Canvas Fiber (i.e., wood, except that furniture manufacturing requires environmemal review) Fiberglass Glass Leather Textiles Yam Uses listed under Section 8.A. 1.a.(6). (7). (9). (10). (12-15). (18) and (21): Section 8.A. 1.b.(!) & (3) of the. B0ynton Beach Zoning Code. C. Warehouse, Distn'bution, Wholesale Any manufacturing category listed above, or any use listed in Sections 8.A. 1.c.(2), (3), (4), (6), (7), (9), (14), and (16) of the "M-1 INDUSTRIAL DISTRICT" Zoning Regulations, and including, but not limited to the following: Window treatment manufacturing and showroom Glass and mirror manufacturing and dism'bmion Alarm system manufacturers and installers Tile and Carpet wholesale Furniture wholesale and distn'bution Artificial flowers/plants wholesale and distn'bution Paper Plastics Metal (i.e. machine shop) Rubber Electrical appliances, insmunents, devices, and components Boat parts and equipment EXHIBIT "B" n Do Eo Airplar~ parts and equipment Medical equipment, instruments, devices and components Furniture Precision instruments Engraving, vrinting and publishing Retail sales are allowed for goods listed under the sections specified in I.C.I. above, provided that less than 50% of the goods sold on the premises are sold at retail with the exception of the area designated on Lot 3B as industrial, which shall be allowed no retail sales. Retail sales, of up to 100% of sales, are allowed for goods listed under the sections specified in I.C. 1. above on Lot 3B only, for up to 49% the gross ground floor square footage of the building, with the exception of 8.A.l.c.(14). The specific uses within the code sections 8.A.l.c.(2). (3) and 'furniture' shall be limited to a maximum floor area of 10,000 square feet. This square footage shall be located in the western area of the b, ilding and depicted on the approved site plan. The r, tail sales 'us~' .is conSidered ancillary to the overall industrial uses approved for the PID. Operations Cemer - Requiring a mix of moderate warehouse and increased office use. 2. 3. 4. 5. 6. 7. Bank Operations Center InSurance Company Records Storage Government Operations Facility Radio/Television Studio Nursing Registries Non-Profit Trade Organization Research and Record Storage Facilities Offices for contractors (work shops and outside storage). Truck parking for contractors is specifically prohibited, however. Offices PID Leasing Office Satellite Operations Management Offices for any Light Industrial Use Allowed in Section 8 of the "M-1 Industrial District" Zoning Regulations Professional Engineering Offices Uses requiring Environmental Review - See Planning Departmem for Application A. Manufacturing, including compounding, assembling, repair, or treatraem of articles Boynton Commerce Center PID Use List Page 2 EXHIBIT "B" or merchandise from the following previously prepared materials: 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. Cosmetics Drugs Pharmaceutical Paper Plastics Metal (i.e., machine shop) Wire Rubber Electrical appliances, instruments, devices, and components Auto parts and equipment Airplane parts and equipment Medical equipment, instruments, devices and components Furniture Precision instnmaents Engraving, printing and publishing B. Warehouse, Distribution, Wholesale Seafood (excluding Processing) Principal uses for any of the manufacturing categories listed under II.A. above. Retail sales are allowed for goods listed under Section II.A.5. above (plastics) provided that less than 50% of the goods sold on the premiss are sold at retail, exceptin~ the eastern portion of the building on Lot 3B desi~m~ated as industrial, which shall not be allowed retail sales. All uses not spec~ listed above axe protfibited. Furthermore, the following uses are expressly protu'bited: 2. 3. 4. 5. 6. Fertilizer manuf~turing, sale or distribution Millwork M~al casting Welding shops Contractor's shops, storage, or truck parking Retail sales, where the value of goods sold at retail exceeds 50% of the total value of goods sold from the premiss with the exception of the area desl. '.?.~tcd on Lot 3B as ind~ which shah be allowed no retail sales. Any warehouse or wholesale use which is listed in Section 8.A~2.B:.b., 8.A.3.c., or Section 8.A.5.b. of the "M-I INDUSTRIAL DISTRICT" Boynton Coaas~Xce Center PID Use List Page 3 EXHIBIT "B" Zoning Regulations Parking Requirements: Warehouse, distn'bution, wholesale: One (1) parking space per eight hundred (800) square feet of gross floor area (subject to the conditions outlined in notes 1-3 below). Manufacturing: One (1) parking space per two (2) employees, but not less than one (1) parking space per five-hundred (500) square feet of gross floor area (subject to the conditions omlined in notes 1-3 below). Showrooms associated with the principal use are permitted as an ancillary use U_l/ to a maximum of 30% of the total gross floor area devoted to such use. Offices associated with the principal use are permitted as an ancillary use with a maximum of 25% 30% of the total gross floor area devoted to such use. o Office floor area which exceeds 25% 30% of the total gross floor area shall be considered a principal use and shall provide parking at the rate of one (1) parking space per three hundred (300) square feet of the entire gross floor area devoted to such use. Lot 3B: The parking calculation methods to be utili:,ed for Lot 3B are as follows: Retail: The potential retail square footage (up to 49°/5 of the gross ground floor so_ua__re footage)..qhall require one (1) !~rking ~ace per two hundred (200) square feet. Blended Rate: Warehouse, distributio~ wholesale, showroom, and manufacturing uses shall have the option to utilize a blended rate of one (1) parking space per five-hundred (500) square feet of gross floor area. Mer_zanine squm:e footage shall be limited to warehouse uses and may utiliTe a _parkin~ calculation met.hod of one (1) parking ~s~ace ~r ei_mht hundred (800) square, feet of gross floor area. Operatiom Center: One (1) parking space per three hundred (300) square feet of gross floor area devoted to office use and one (1) parking space per eight hundred (800) square feet of gross floor are devoted to warehouse use. Where both office and warehouse uses are intermixed, parking shall be calculated based on the requirement for office use. Perso.nal Services and Offices: One (1) parking space per three hundred square feet of gross floor area. Boynton Com,~rce Center PID Use List Page 4 EXHIBIT "C" Conditions of Approval Project name: Boynton Commerce Center PID File number: USAP 03-002 Reference: See Exhibit "B" - Boynton Commerce Center Use List Revision Request DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Corm-nents: None X UTILITIES Comments: None X Comments: None POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUll,DING DMSION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 1. Submit a revised traffic impact statement that indicates the proposed uses and X their respective building intensities (on Lot 3B in conjunction with NWSP 03-009). Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT 2. The Use Approval list shall be amended to also reference the environmental X review (ER) process, which may be required for the new uses. The applicability of the ER process shall be determined prior to the issuance of an occupation license for the following new uses: · Furniture, cabinets, and wood fixtures, with gross floor area of shop not greater 2,000 square feet; · Blind, shutter, shade, and awning fabrication from wood, plastic, fabric, canvas, or finished metal pieces; · Stone cutting and finishing; · Statuary, ornaments, and art goods; · Ceramic, pottery, and porcelain products, using only previously pulverized clay, and using kilns only by electricity or gas; · Investment casting; · Machinery, equipment, appliances, parts, and tools, limited to assembly of finished parts and materials; · Medical and dental equipment; · Artist and craftsman shops, excluding retail display or sales on premises; · Electrical and electronic goods, limited to cutting and assembly of parts and materials; · Industrial, commercial, office and professional equipment; service, repair, and rebuilding, excluding uses specifically prohibited in Section 8.A.5; · Furniture and antique upholstery, covering, and repairing: 3. The required parking for businesses (on Lot 3B) that are engaged in retail / X commercial uses would be calculated on the entire bay at a retail rate of one (1) parking space per 200 square feet of gross floor area. 4. Staff recommends the following to the I.D.7 of the Boynton Commerce X Center PID permitted uses: Outdoor storage of materials may be permitted based on a finding of the Planning & Development Board that such storage does not exceed 15% of the total square footage of the building site and that such storage is screened and fence to preclude exposure to the public. 5. The site plan for Lot 3 of the Boynton Commerce Center PIE) (NWSP 03- X 009), shall be revised to label the eastern 51% of the building "industrial" and the western 49% of the building to be labeled as "retail", with the applicable square footage amounts depicted on the building footprint. 6. The site plan for Lot 3 of the Boynton Commerce Center PID (NWSP 03- X 009), shall be revised to add the following notes: · Automobile, vehicle, and boat parts, accessories, fumishings, and supplies (8.A. 1 .c.(14)). shall be prohibited in the retail portion of the project; · The following uses shall be limited to a maximum square footage of DEPARTMENTS INCLUDE REJECT 10,000 square feet in the retail portion of the project: Industrial, commercial, office, professional, and business machinery, equipment, fixtures, tools and supplies (8.A.l.c.(2)); Household goods (8.A. 1 .c.(3)); and furniture; · No retail sales shall be allowed in the portion of the project desi~nated as "industrial". ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 7. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 8. To be determined. ELJ S:\Planning\Shared\Wp\Projects~Boynton Commerce Ct6USAP 03-002\COA.doc 42D Boynton Beach Code EXHIBIT "D" review shall be in writing and filed with the City Clerk within five (5) business days following issuance of the order. No development order shall be final until expiration of the five (5) day request for review period if no request for review is made, or the City Commission's disposition of the matter if a request for review is made. 8. The City Commission shall conduct a quasi-judicial review at a public hearing within 30 business days of the filing of the request for review. Following review, the City Commission shall: a. Approve the Development Order, or b. Modify the Development Order, or c. Deny the Development Order. The decision of the Commission shall be treated as f'mal at the conclusion of the voice vote on the agenda item under consideration, notwithstanding later issuance of a written order. The minutes of the Commission meeting shall be conclusive evidence of the action of the Commission. Review of final action by the Commission shall be by Writ of Certiorari to the Circuit Court. 9. Expiration ofapproved plans. Approved Master Site Plans as described herein shall remain valid indefinitely. Approved Technical Site Plans shall remain valid for a period of two (2) years pursuant to the terms listed in Chapter 4, Section 5. (Ord; No. 96-51, 2 4, 1-21-97; Ord. No. 00-03, 22 i, 2, 3-21-00; Ord. No. 00-52, 2 1, 10-17-00; Ord. No. 02-017, § I, 4-16-02; Ord. No. 02-033, 2§ 3, 4, 8-2O-02) Sec. 8. M-I industrial district regulations and use provisions. A. M-1 INDUSTRIAL DISTRICT. 1. Permitted uses, no distance requirement. Within any M-1 industrial district, no building, structure, land or water, or any part thereof shall be erected, altered or used, in whole or in part, for other than one or more of the following specified uses; provided, however, that any use or process that would be subject to a minimum distance requirement under Section 8.A.2., would require an environmental review permit under Section 8.A.3., would require conditional use approval under Section 8.A.4., or would be prohibited under Section 8.A.5. shall fully comply with the provisions of those sections, where applicable. No distance requirement other than district setback regulations shall apply for the following uses: a. Manufacturing, fabrication, and processing as follows: (1) Bakery products. (2) Ice and dry ice. (3) Textile products, apparel, and clothing accessories, manufactured from purchased fabric and materials, excluding spinning, weaving, knitting, dyeing, or treating of textile mill products. including retail premises. (4) Sailmaking and canvas goods, sale of goods manufactured on (5) Leather cutting and stamping; fabricated leather products. (6) Furniture, cabinets, and wood fixtures, with gross floor area of shop not greater than two thousand (2,000) square feet. (7) Blind, shutter, shade, and awning fabrication from wood, plastic, fabric, canvas, or finished metal pieces. (8) Converted paper and paperboard products, limited to cutting, stamping, folding, laminating, lining, coating, and treating of purchased paper, paperboard, foil, sheet, or film materials. (9) Stone cutting and f'mishing. goods. (10) Statuary, ornaments, and art 2002 S-18 Zoning EXHIBIT "D" 42E (11) Glass and glass products. (12) Ceramic, pottery, and porcelain products, using only previously pulverized clay, and using kilns fired only by electricity or gas. (13) Investment casting. (14) Machinery, equipment, appliances, parts, and tools, limited to assembly of finished parts and materials. (15) Electrical and electronic goods, limited to assembly of parts and materials. (16) Plastics, rubber, or fiberglass products, limited to cutting and assembly of parts and materials. (17) Precision instruments, optical equipment, photographic equipment, and clockwork devices. 18) Medical and dental equipment. (19) Household goods and other small items such as jewelry, lapidary goods, personal articles, toys, amusement devices, sporting goods, musical instruments; stationary, office, and art supplies; advertising specialties, novelties, ornaments, notions, cookware, and flatware. (20) Fruit packing and shipping. (21) Artist and craftsman shops, excluding retail display or sales on premises. b. Commercial services as follows: (1) Industrial, commercial, office and professional equipment; service, repair, and rebuilding, excluding uses specifically prohibited in Section 8.A.5. (2) Household goods; service, repair, and rebuilding, excluding display or sale of any new, used, or rebuilt merchandise at retail on premises, unless specifically allowed in accordance with Sections 8.A.l., 8.A.2., 8.A.3., or 8.A.4. (3) Furniture and upholstery, covering, and repairing. antique (4) Steam and pressure cleaning services. 2001 S-15 Zoning EXHIBIT "D" 43 (5) Septic tank, sewer, and drain cleaning and repair services, excluding storage, treatment, transfer, dumping, or disposal of waste on premises, provided that trucks used for the transport of waste shall be parked and stored in conformance with the minimum distance requirement specified in Section 8.A.2. (6) Packaging and labeling services, excluding handling of materials prohibited in Section 8.A.5. (7) Lawn, garden, and maintenance services; landscaping contractors. studios. laboratories. laboratories. laboratories. tree (8) Recording and motion picture (9) Catering and food services. (10) Data processing services. (11) Research and development (12) Commercial testing (13) Medical and dental (14) Upholstery and carpet steam cleaning businesses. (15) exterior storage. conditional use recycling facility. Towing companies with (16) Vegetation recycling as a to a solid waste operating and c. Storage, distribution, and wholesale uses; retail display and sales shall be prohibited unless specifically allowed in Sections 8.A. 1., 8.A.2., or 8.A.3. (1) Warehouses, self service storage facilities (mini-warehouses) in accordance with Section 11.0 storagelockers, and cold storage, excluding uses specifically prohibited in Section 8.A.5. (2) industrial, commercial, office, professional, and business machinery, equipment, fixtures, tools, and supplies, excluding uses specifically prohibited in Section 8.A.5. (3) Household goods; storage, wholesale and distribution only; retail display or sales shall be prohibited unless specifically allowed in accordance with Sections 8.A. 1., 8.A.2., 8.A.3., or 8.A.4. (4) Building materials, home improvement stores, lumber, door and window hardware, shades, shutters, blinds, and awnings; fencing, roofing, flooring, carpeting, tile, hardware, tools, paint, wallpaper, shelving, cabinets, furniture, partitions, kitchen and bathroom fixtures, pools and spas, glass and mirrors, plumbing and electrical supplies, and the like, including retail sales. (5) Finished concrete, brick, clay, and stone building and paving materials; sewer and water pipe, and culvert; storage, distribution, wholesale or retail sales. (6) Pumps, generators, motors, fire protection equipment, and irrigation equipment, including retail sales. (7) Heating, cooling, ventilating, refrigeration, solar energy, water conditioning and heating systems and equipment, and major appliances, including retail sales. (8) Pre-fabricated sheds, including retail sale. (9) Nurseries, greenhouses, lawn and garden equipment, tools, and supplies, including retail sale. (10) Monuments and gravestones, including retail sales. (11) Feed and farm supplies, excluding uses specifically prohibited in Section 8.A.5. (12) Trucks, buses, farm equipment, construction machinery, and utility 1996 S-1 Boynton Beach Code EXHIBIT "D" trailers, including retail renting and sales. (13) Passenger vehicles, boats and pickup trucks, excluding any retail sales or display, and excluding the keeping of vehicles in violation of Chapter 10, Article III of the City of Boynton Beach Code of Ordinances. (14) Automobile, vehicle, and boat parts, accessories, furnishings, and supplies; retail sales or display shall be prohibited as a principal use and shall be permitted only as an ac-cessory use to repair, service, rebuilding, or instal-lation services, where such services lawfully exist. (15) Mobile homes, limited to areas west of Interstate 95. retail sales. (16) Ice and dry ice, including (17) Live fish. d. Transportation, communication, utilities, and miscellaneous uses as follows: (1) Utilities, communications facilities, government, and public utilities shops and storage areas, police and fire stations, excluding uses specifically prohibited in Section 8.A.5. (2) Package express and messenger service. (3) Railroad switching yards, freight stations and terminals, storage facilities, and shops. (4) Recycling pick-up facilities for paper, glass, and cans from households. (5) Trade and industrial schools. (6) Radio or microwave receivers or transmitting towers, as an accessory use to a lawful principal use. (7) Ambulance dispatch service. (8) Community centers, operated by non-profit organizations, provided that no more than 40% of the floor space is devoted to office use. (Ord. No. 96-03, § 1, 3-19-96) e. Any commercial use which is not specifically listed as a permitted or conditional use in any other zoning district, and which is not listed as a prohibited use in the M-1 Zoning District. 2. Permitted uses subject to distance requirement. Within any M-1 industrial district, no building, structure, land, or water, or any part thereof shall be erected, altered, or used, in whole or in part for any of the following uses, unless a minimum distance of three hundred (300) feet is maintained between the use and residential-zoned property. Said distance shall be measured along a straight airline route from the property line of residential-zoned property to the building or portion of the lot where the specified use is located, except that those portions of the lot or structure which are located within the minimum distance may be used for lawful uses other than the uses listed below, subject to district building and site regulations. Any use or process that would require an environmental review permit under Section 8.A. 3., would require conditional use approval under Section 8.A.4., or would be prohibited under Section 8.A.5. shall fully comply with the provisions of those sections, where applicable. a. Manufacturing, fabrication, and processing as follows: (1) Plastic products, limited to forming of plastics materials, including compounding of resins. Establishment of such uses within the minimum distance requirement specified above shall require an environmental review permit. (2) Rubber products, limited to forming of rubber materials; excluding tire and innermbe manufacturing and rubber reclaiming. Establishment of such uses within the minimum distance requirement specified above shall require an environmental review permit. (3) Machine shops, welding and metalworking shops, tinsmiths, sheet metal fabrication, blacksmith shops; machining, stamping, cutting, joining, forging, drawing, bending, or other forming of metals as either a principal or accessory use. Establishment of such uses within the minimum distance requirement specified above shall require an environmental review permit. -. j 2000 S-14 EXHIBIT "D" Zoning 4~A b. Other uses as follows: (1) Asphalt paving, patching, roofing, and sealcoating, excluding asphalt and tar plants. 2000 S-14 Zonln~ EXHIBIT "D" 45 (2) Building cleaning and janitorial services; swimming pool maintenance services. Establishment of such uses within the minimum distance requirement specified above shall require an environmental review permit. (3) Sandblasting on premises. (4) Bulk storage, distribution, wholesale or retail sale of topsoil, lime, gravel, limerock, shellrock, coal, minerals, crushed rock, sand, cinders, fertilizer, and the like, limited to an accessory use to a building materials store, garden shop, nursery, contractor, or other lawful principal use. (5) Trucking and transfer, and moving operations. (6) Contractors, operative builders, and trade contractors shops and storage areas. Establishment of such uses within the minimum distance requirement specified above shall require an environmental review permit. (7) Parking or storage of trucks used for the transport of septic tank waste or other liquid wastes. (8) Adult entertainment establishments, in accordance with Section 11 .M. 3. Uses requiring environmental review permit. Within an M-1 industrial district, no building, structure, land, or water, or any par~ thereof shall be erected, altered, or used, in whole or in part, for any of the following specified uses, unless an environmental review permit is secured in accordance with the standards and procedures set forth in Section 11.3; provided, however, that any use or process that would be subject to a minimum distance requirement under Section 8.A.2., would require conditional use approval under Section 8.A.4., or would be prohibited under Section 8.A.5. shall fully comply with the provisions of those sections, where applicable. a. Manufacturing, fabrication, and processing as follows: (1) Dairy products. (2) Canned, frozen, or preserved (3) Beverages and bottling. (4) Confections. (5) Prepared meat, seafood, and poultry products. (6) All other food products, not specifically permitted in Section 8.A. 1. or prohibited in Section 8.A.5. (7) Furniture, cabinets, and wood fixtures, with gross floor area of shop of greater than two thousand (2,000) square feet. (8) Printing, publishing, bookbinding, engraving, and allied industries. (9) Pharmaceuticals and biological products. (10) Cosmetics. (11) Plastics products, limited to forming of plastics materials, including compounding of resins, where such uses would be established within the minimum distance requirement specified in Section 8.A.2. (12) Rubber products, limited to forming of rubber materials, and excluding tire and innermbe manufacturing and rubber reclaiming, where such uses would be established within the minimum distance requirement specified in Section 8.A.2. repair, repair. (13) Fiberglass fabrication and including fiberglass boat fabrication and (14) Machine shops, welding and metalworking shops, tinsmith, sheet metal fabrication, and blacksmith shops; machining, stamping, cutting, joining, forging, drawing, bending, or other forming of metals as either a principal or accessory use, where 46 Boynton Beach Code EXHIBIT "D" such uses would be established within the minimum distance requirement specified in Section 8.A.2. (15) Electrical and electronic goods involving processes other than assembly of parts or materials. equipment, machinery. (16) Vehicles, transportation and boats; farm and construction (17) Mobile homes, provided that such uses shall be located west of Interstate 95. (18) Plated ware manufacture; 'industrial electroplating and anodizing as either a principal or accessory use; replating shops. (7) Print shops, photographic laboratories, commercial photography; commercial art, silkscreening, lithography, typesetting, and blueprinting services. (8) Uniform, towel, and linen supply services; industrial launderers; laundry and dry-cleaning plants, excluding retail pickup and drop-off on premises; carpet and rug cleaning plants. (9) Tire recapping. (10) Building cleaning and janitorial services and swimming pool maintenance services, where such uses would be located within the minimum distance requirement specified in Section 8.A.2. (19) Chemical cleaning and etching of metals, limited to an accessory use to a lawful principal use only. b. Commercial services and contractors, as follows: (1) Concrete contractors and pumping service, excluding concrete plants. (2) Contractors, operative builders, and trade contractors shops and storage areas, where such uses would be established within the minimum distance requirement specified in Section 8.A.2. (3) Automobiles, buses, trucks, and other motor vehicles; construction and farm equipment; service, repair, rebuilding, and storage, excluding the keeping of vehicles in violation of Chapter 9, Article ITI, of the City of Boynton Beach Code of Ordinances, and excluding automobile service stations selling motor fuels at retail. (4) Boat storage, service, repair, rebuilding, and customizing. and refinishing. (5) Furniture cleaning, stripping, (6) Exterminating, fumigating, and disinfecting services. c. Storage, distribution, wholesale, and other uses, retail display and sales shall be prohibited unless specifically permitted below or elsewhere in this section. (1) Petroleum and petroleum products, including solvents and liquified petroleum gas; bulk or nonbulk storage, sales, or distribution. (2) Chemicals, pesticides, and herbicides, excluding bulk storage, bulk sales, or bulk distribution. (3) Bulk or nonbulk wholesale or retail sale of solvents and cleaning preparations, including formulating of cleaning preparations for sale on premises. (4) Industrial and medical gases; bottled or bulk storage, sales or distribution, excluding chlorine, fluorine, ammonia, hydrogen sulphide, sulphur dioxide, or toxic gases. (5) Temporary amusement parks and rides, fairs, carnivals, circuses, and revivals, provided that all such uses shall have a minimum frontage of two hundred (200) feet on a collector or arterial road and the major access thereto, and that the duration of any such use shall not exceed fourteen (14) consecutive days within any one-year period. d. Miscellaneous uses, as follows: Zoning EXHIBIT "D" 47 (1) Any use which uses, handles, stores, or displays hazardous materials, or which generates hazardous waste, as defined by 40 Code of Federal Regulations, Part 261. 4. Conditional uses. Within any M-1 industrial district, no building, structure, land or water, or any part thereof shall be erected, altered, or used, in whole or part, for one or more of the following uses, unless a conditional use approval is secured according to the standards and procedures set forth in Section 11.2 of these zoning regulations; provided, however, that any use or process that would be subject to a minimum distance requirement under Section 8.A.2., would require an environmental review permit under Section 8.A.3., or would be prohibited under Section 8.A.5., shall fully comply with the provisions of those sections, where applicable. a. Millwork and truss plants, provided that such uses conform to the minimum distance requirement specified in Section 8.A.2. b. Commercial television, radio and microwave broadcasting or relay towers. c. Arenas, stadiums, frontons, convention and exhibition halls, and racetracks, provided that all such uses shall have a minimum frontage of two hundred (200) feet on a collector or arterial road, and shall have the major access thereto. d. Helistops, limited to an accessory use to a lawful principal use. e. Cutting of sub-primal portions of meat and pre-cut poultry into serving portions including packaging and shipping where pre-cut portions (entering the facility) will not exceed 10 pounds and waste generated will not exceed 1% of pre-cut product. 5. Prohibited uses. Within any M-1 industrial district, no building structure, land, or water, or any part thereof shall be erected, altered, or used, in whole or in part, for any use not specifically allowed in accordance with Sections 8.A. 1., 8.A.2., 8.A.3., or 8.A.4. of these zoning regulations, or for any of the following expressly prohibited uses: a. Manufacturing, fabrication, processing, and extraction as follows: processing. (1) Grain and feed products; crop (2) Vegetable fats and oils. (3) Distilling and brewing. (4) Seafood processing. (5) Slaughtering and rendering of meat and poultry processing, and dressing, from carcasses. (6) Stockyards and feeding pens; keeping, raising, or slaughter of livestock, horses, or poultry. (7) Rendering of animal or marine fats, oils, and other products; use of unprocessed bones, fat, hooves, horns, or other unprocessed animal products for the production of glue, soap, lard, oils, or fertilizer. (8) Sugar processing and refining. (9) Commercial production of field or tree crops. (10) Leather tanning, curing, finishing, and coloring; storage of raw hides or skins. (11) Tobacco processing and tobacco products manufacturing. (12) Weaving, spinning, knitting, dyeing, or treating of textile mill products. (13) Pulp mills; paper and paperboard mills; converted paper and paperboard products not specifically permitted in Section 8.A. 1.a.(8) of these zoning regulations. (14) Chemicals and allied products not specifically allowed elsewhere in this section. (15) Wood preserving, pressure treating, and drying. 2000 S-12 48 Boynton Beach Code EXHIBIT "D" (16) Fertilizer, pesticides, herbicides, and agricultural chemicals. (17) Explosives, ammunition, matches, and fireworks. (18) Petroleum refining. coal products. (19) Petroleum, asphalt, tar, and (20) Plastics, manufacturing of resins, primary plastics materials, synthetic rubber, cellulose, and synthetic fibers. (21) Rubber, manufacture of primary rubber materials, tires and innermbes, and rubber reclaiming. (22) Soaps, detergents, and cleaning preparations, other than mixing or blending. (23) Paints, varnishes, lacquers, enamels, and allied products, other than mixing or blending. (24) Cement, concrete, gypsum, lime, and plaster manufacture, and products made therefrom, other than those uses specifically permitted in Section 8.A. 1.a. (25) Brick, firebrick, terra cotta, clay pipe, structural clay tile, and refractories. (26) Asbestos products. (27) Processing of rock, sand, gravel, shellrock, limerock, mineral earths, and the like. (28) Primary metals manufacturing; smelting, refining, mills, furnaces, and foundries, except as specifically allowed in accordance with Sections 8.A. 1., 8.A.2., or 8.A.3. (29) Drop forging. (30) Chemical cleaning or etching of metals as a principal use, or any chemical descaling of metals. 2000 S- 12 (31) Coal or coke fired kilns and furnaces; coke ovens. (32) Mining or quarrying, including removal of rock, sand, muck, marl, soil, gravel, or shellrock, except as incidental or necessary for construction on the premises. (33) Aerosol filling and packaging. (34) Liquid, oil, or chemical electric transformers, manufacture or rebuilding. b. Storage, distribution, wholesale, retail, and services, as follows: (1) Any retail display or sale, not specifically allowed elsewhere in this section. (2) Farmers' markets. (3) Flea markets, sales bazaars, swap shops, trading posts, and the like; sale or display of used retail merchandise, other than completely rebuilt or refinished merchandise where such uses would be allowed in accordance with Section 8.A. 1. (4) Crematoriums and the like. (5) Explosives, ammunition, matches, and fireworks. (6) Bulk storage, bulk distribution, or bulk sale of chemicals and allied products. (7) Compressed chlorine, fluorine, ammonia, hydrogen sulphide, sulfur dioxide, or toxic gases. (8) Bulk storage, bulk sale, or bulk distribution of pesticides, herbicides, or agricultural chemicals. (9) Offices or restaurants, except as an accessory use to a lawful principal use. chemical pest, services. (10) Agricultural fertilizing, and disease, weed, or soil treatment Zoning EXHIBIT "D" 49 service stations. (Il) Truck stops or automobile (12) Boarding kennels; guard dog kennels and training services. (13) Any open storage or display, unless adequately screened, except that growing plants which are stored or displayed shall not require screening. Any exterior storage of motor vehicles or boats in a wrecked condition shall be permitted only in connection with a lawful principal use allowed elsewhere in this section, and shall be adequately screened. Furthermore, the open storage of farm tractors and implements, shovels or cranes, and special mobile equipment as defined by Section 316.003, Florida Statutes shall be adequately screened. c. Transportation, communication, utilities, and miscellaneous uses as follows: (1) Chemical and toxic waste storage or disposal; tank truck cleaning. (2) Land fill operations. strips. (3) Airports, airfields, and landing (4) Heliports. (5) Residences and trailer parks; use of vehicles or house trailers as living quarters. (6) Storage, sale, salvage, transfer, or disposal of junk, scrap, garbage, offal, refuse, or other waste materials, except as specifically allowed elsewhere in this section. facilities. (7) Recycling sorting or processing (8) Animal disposal facilities. (9) Incinerators of any type. 6. Building and site regulations: Minimum lot area 10,000 square feet Minimum lot frontage None Minimum front yard 15 feet* Minimum side yard (interior) 15 feet one side Minimum side yard (corner) 15 feet street side Minimum rear yard 20 feet** Maximum lot coverage 60 percent Maximum height 45 feet, not to exceed 4 stories *Except where rear of the lot abuts a paved alley or street, then no side setback shall be required. **Where rear yard abuts a railroad right-of-way or any paved alley, the rear yard may be reduced to ten (10) feet. Note: Where lots abut a residential area, the corresponding side and/or rear setback shall be a minimum of thirty (30) feet. All necessary roof-mounted mechanical equipment shall be sound baffled. 7. Off-street parking. As provided in Section 11 .H. hereinafter. (Ord. No. 95-23, § i, 8-15-95; Ord. No. 95-24, § 4, 8-15-95; Ord. No. 96-03, § 1, 3-19-96; Ord. No. 00-04, §§ 1, 2, 44-00; Ord. No. 00-34, § 1, 7-18-00; Ord. No. 01-57, § 2, 11-20-01) Sec. 8.5. Overlay zones. A. MARTIN LUTHER KING BOULEVARD OVERLAY ZONE. 1. General. With the completion of the Vision 20/20 Redevelopment Plan, the City identified a segment of the Martin Luther King Boulevard as an area in need of redevelopment and revitalization. This section is created to implement the development and design recommendations in the Redevelopment Plan intended to create a traditional street corridor with 2002 S-18 Repl. DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Boynton Commerce Center PID APPLICANT'S AGENT: Ms. Joni Brinkman, AICP with Winston Lee & Associates, Inc. AGENT'S ADDRESS: 1532 Old Okeechobee Road, Suite 106 West Palm Beach, FL 33409 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 2, 2003 TYPE OF RELIEF SOUGHT: Request use approval for various uses (see file) on Lot 3B in the Boynton Commerce Center PID LOCATION OF PROPERTY: Lot 3B, Boynton Commerce Center PID DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 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". The Applicant's application for relief is hereby ... GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: S:\Planning\Shared\Wp\Projects\Boynton Commerce C~USAP 03-002\DO.doc City Clerk V.-CONSENT AGENDA ZTEf4 D.2 CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FORN1 Requested City Commission Meeting Dates [] August 5, 2003 [] August 19, 2003 [] September 2, 2003 [] September 16, 2003 Date Final Form Must be Turned in to CiW Clerk's Office July 14, 2003 (Noon.) August 4, 2003 (Noon) August 18, 2003 (Noon) September 2, 2003 (Noon) Requested City Commission Meeting Dates [] October 7, 2003 [] October 21, 2003 [] November 5, 2003 [] November 18, 2003 Date Final Form Must be Turned in to City Clerk's Office September 15, 2003 (Noon) October 6, 2003 (Noon) October 20, 2003 (Noon) November 3, 2003 (Noon) NATURE OF AGENDAITEM [] Administrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the September 2, 2003 City Commission Agenda under Consent Agenda. The Planning and Development Board with a 6 to lvote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-203. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: East Coast Mechanical (ZNCV 03-007) Chris Hair, Anderson Architecture, Inc. East Coast Mechanical 1500 High Ridge Road Request for relief from Chapter 2, Zoning Section 8.A.6., requiring a minimum front yard setback of 15 feet for a warehouse building within the M-1 zoning district, to allow for a variance of 11 feet, and a front yard setback of 4 feet. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: ~~ Developme~ D~Partl~ent Director City Manager's Signal~ffe *' Planning and Zoning/Dffector City Attorney / Finance / Human Resources S:~PlanningLSHARED\WP~PROJECTS~East Coast Mechanical (aka Curt G Joa)~ZNCV 03-007~genda Rem Request East Coast Mech. ZNCV 03-007 9-2- 03.dot S:~BULLETIN~,FORMSLa, GENDA ITEM REQUEST FORM.DOC TO: THRU: FROM: DATE: PROJECT NAME/NO: REQUEST: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-203 STAFF REPORT Chairman and Members Planning and Development Board and City Commission Michael W. Rumpf~'~r~'~r''''''~ Director of Planning and Zoning Maxime Ducoste-A. ~.~ Planner August19,2003 East Coast Mechanical Variance/ZNCV 03-07 Relief from Chapter 2, Zoning Section 8.A.6., requiring a minimum front yard setback of 15 feet for a warehouse building within the rvl-1 zoning district, to allow for a variance of 11 feet, and a front yard setback of 4 feet. Property Owner: Applicant/Agent: Location: Existing Land Use/Zoning: Proposed Land Use/Zoning: Proposed Use: Acreage: Adjacent Uses: North: South: East: West: PROJECT DESCRIPTION East Coast Mechanical Chris Hair 1500 High Ridge Road Boynton Beach, FL Industrial/M-1 N/A Industrial 2.93 acres (126,763 square feet) (see Exhibit "A" - Location Map) Developed property designated Industrial (I) and zoned PID (Industrial); Right-of-way for the Boynton C-16 Canal then the Boynton Industrial Park North designated Industrial (I) and zoned Industrial (M-l); Rights-of-way for the Seaboard Coastline Railroad (CSX) and Interstate 95, and farther east developed property designated Public and Private Governmental / Institutional (PPGI) and zoned Public Usage (PU); and High Ridge Road right-of-way, and farther west, a Flodda Power and Light transformer yard designated Office-Industrial (OI) and zoned PID. Staff Report Memorandum No PZ-03-203 Page 2 BACKGROUND The subject property, owned by East Coast Mechanical is located at 1500 High Ridge Road. The surrounding neighborhood is developed mostly with industrial uses. The subject parcel was developed over the years in different construction phases. According to County records, the structure subject of this variance request, located along the west property line, was the first structure to be constructed in 1962. The applicant is proposing to replace the 13,472 square foot old metal structure with a new building similar in size and at the original setback of four (4) feet from the front property line, which is non-conforming by current regulations (see Exhibit "B"-Site Plan). Normally, existing structures with non-conforming setbacks, can be expanded along that same building line without increasing the nonconformity. Since the old structure will be razed and replaced with new construction, the dght to maintain the existing non-conforming front yard setback will be lost. Construction of the new building at four (4) feet from the front property line requires the subject variance. Therefore, the applicant is requesting relief from the above-referenced Land Development Regulations, which requires a fifteen (15) foot front yard setback. ANALYSIS The code states that the z)ning code vadance cannot be approved unless the board finds the following: ao That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. b. That the special conditions and circumstances do not result from the actions of the appficant. c. That granting the variance requested will not confer on the appficant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. That fiteral interpretation of the provisions of this ordinance would deprive the applicant of fights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. That the granting of the variance will be in harmony with the general intent and purpose of this chapter [ordinance] and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Staff conducted the analysis focusing on the applicant's response to the above criteria contained in Exhibit "C", which require that the request is initiated by special conditions and circumstances that are peculiar to the subject land, structure, or building, which are not the result of the actions of the applicant, and that granting of the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure. In 1975, the City adopted new zoning regulations which caused many parcels to become legal non- conforming, including the subject parcel. The subject request has been initiated in preparation for the reconstruction of an industrial warehouse within this industrial district. Therefore, the applicant's desire to rebuild in the exact footprint of the original building rather than conform to present-day code, has generated the circumstances. The subject property has been improved with a warehouse, and occupied since 1962. Understanding that the applicant has the ability to reconstruct at the appropriate setback line, criteda items Staff Report Memorandum No PZ-03-203 Page 3 "a", "c" and "e" are not met. Further, since the necessity or the variance has been caused by the proposed reconstruction, condition "b" above is also not satisfied. The overall objective of the Land Development Regulations is to insure the welfare and safety of the public by providing regulations and standards in which to achieve consistent equitable developments. The proposed building wall will setback approximately eleven (11) feet from the edge of the sidewalk, which represents a small distance. When a project falls below the minimum standards set forth by the code, the code has established provisions to bring these inconsistent projects into compliance. Accordingly, Chapter 2, Zoning Section 11.1. F. states: F. RECONSTRUCTION OR REMOVAL. If any structure is destroyed to such an extent that the cost of rebuilding, repair, and reconstruction will exceed (70) percent of its current assessed valuation determined by the Palm Beach County Property Appraiser, or for any reason is moved any distance, it shall not again be used or reconstructed except in conformity with the provisions of these zoning regulations. CONCLUSIONS/RECOMMENDATION Based on a strict interpretation ofthe variance criteria, Staff recommends that the request for relief from Chapter 2, Zoning Section 8.A.6., requiring a minimum front yard setback of 15 feet for a warehouse building within the M-1 zoning district, to allow for a variance of 11 feet, and a front yard setback of 4 feet be denied, due to the lack of hardship, and due to the circumstance being created by the actions of the applicant. Staff should indicate that past variance requests have been reviewed by the city using more than the "traditional" criteria, or interpretations of this criteria placing greater emphasis on other associated characteristics. Should the Board or Commission desire to approve this request, the following factors should be considered before rendering a final decision: 1. The variance request is for reconstruction of an old metal structure; 2. The uniqueness of property location, which sits at the end of a cul-de-sac and abuts the C-16 Canal to the south; The immediate parcel to the west is developed as an FP&L transformer yard, which is unlikely to be utilized for other purposes, which would be subject to a front setback immediately opposite the subject property; 4. The proposed variance would not increase any noticeable deviation from the existing non- conforming front yard setback encroachment by the existing main structure; 5. Staff has not received any objections from adjacent property owners regarding the subject variance request including those immediately to the west of the prol~rty. No conditions of approval are recommended; however, any conditions of approval added by the Planning and Development Board or the City Commission will be placed in the Exhibit"D' - Conditions of Approval. MWR/MD S:',Planning',SHARED~WP'~PROJECTS\East Coast Mechanical\ ZNCV 03-O07~STAFF REP.doc Location Map East Coast Mechanical ZNCV 03-007 EXHIBIT "A" PID PARK-RtD6E-BL~' ~ 1 / ,/ PU EXHIBIT "B" e: tl BIT "B" architecture, inc. EXHIBIT "C" 06.18.03 City of Boynton Beach Planning & Zoning Division 100 E. Boynton Beach Blvd. Boynton Beach, Florida 33425 Re: East Coast Mechanical Variance Request Statement of special conditions. The Request is for the removal of the metal building portion of the existing building, and subsequent construction of a new 1-story masonry building in its same footprint. The existing concrete floor slab will remain. The existing subject building is currently in non-conformance of the current setback requirements for its zoning classification (M-l). The special condition particular to this site is in the location of the setback violation. It occurs at the corner of a dead end street (where the neighbor directly to the West is an FPL transformer yard), and the C-16 Canal directly abuts the South end of the property. The building is existing and may have been built in accordance with the setbacks and requirements at the time of original construction. Therefore special conditions and circumstances do not result from the actions of the applicant. Co No special privilege shall be conferred to the applicant that is denied by this Ordinance to other lands, buildings or structures in the same zoning district. The intent of this section is to create the appearance of a Iow-density development. Because there are no neighbors directly adjacent to the proposed building in violation, the non-conformity is minimized. The variance requested is to reconstruct only what now exists - no expansion of the building is part of this request. 399 W. CAMINO GARDENS BLVD. · SUITE 202 · BOCA RATON, FLORIDA 33432 · V: 561.362.0220 · F: 561.362.0224 · www. a. ndersonarchitecture.com AA C001997 V.-CONSENT AGENDA ITEl4 D.3 CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FORtvl Requested City Commission Meeting Dates [] August 5, 2003 [] August 19,2003 [] September 2, 2003 [] September 16, 2003 NATURE OF AGENDA ITEM Date Final Form Must be Turned in to City Clerk's Office Requested City Commission Meetimt Dates Date Final Form Must be Turned in to Ciw Clerk's Office July 14, 2003 (Noon.) August 4, 2003 (Noon) August 18, 2003 (Noon) September 2, 2003 (Noon) [] October 7, 2003 September [ 5, 2003 (Noon) [] October 21,2003 [] November 5, 2003 [] November 18, 2003 October 6, 2003 (Noon) October 20, 2003 (Noon) November 3, 2003 (Noon) [] Administrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation c~ i~'.'-< [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business co RECOMMENDATION: Please place this request on the September 2, 2003 City Con~tassion Agenda ~llgter~ ~ Consent Agenda. The Planning and Development Board with a 5 to 2 vote, recommended that the subject request be --~ approved. Staff continues to oppose approval of this variance due to lack of hardship and the fact that the effect will be to accommodate an expansion of commercial uses at this project, which has "office" and "industrial" use options within the Quantum Park DRI. Although the recent use approval added athletic trai~ing and certain auto accessory uses to the subject Lot #3, the existing parking resources would have naturally limited the extent that non-induslzial uses could be accommodated at the project. The applicant (for the use approval) at that time acknowledged this circumstance by committing to the daily monitoring of available parking in conjunction with occupational license requests. More significant changes in the commercial uses allowed at this project should follow state requirements for changes to a DRI. For further details pertaining to the request, see attached Department of Development Memorandum Nos. PZ 03-198 and PZ 03-165 (staff report for recent Use Approval application. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Quantum Park Lot 3 (ZNCV 03-008) Michael Rodriguez, Ruden McClosky Bocar Properties, Inc. Lot 3 Quantum Park P.I.D, Boynton Beach Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 7.H. 17, requiring a 25-foot wide peripheral greenbelt when abutting a residential district, to allow a 7-foot wide peripheral greenbelt, and a variance of 18 feet for a commercial office/warehouse building in a P.I.D. zoning dismct. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVE~ N/A N/A / N/A [artrnent Ditector Manager s Signature ~ ' t'~lanmng jl~Or~ onmg'~IJ'ff~tor City Attorney / Finance / Human Resouxces G:XHolding folder to transferkAgenda Item Request Quantum Part Lot 3 ZNCV 03-008 9-2-03.dot S:~BULLETINLFORMS~AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNTNG AND ZONTNG DIV[SZON MEMORANDUM NO. PZ 03-198 STAFF REPORT FOR PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION Meeting Date: August 26, 2003 File No: ZNCV 03-008 (Peripheral greenbelt reduction) Location: Lot 3 Quantum Park P.T.D., Boynton Beach, FL. Agent/ Applicant: Michael Rodriguez/Ruden, McClousky, Smith, Schuster & Russell, P.A. Owner: Bocar Properties, Inc. Project: Quantum Park Lot 3. Variance Request: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2. Zoning, Section 7.H.17, requiring a 25-foot wide peripheral greenbelt when abutting a residential district, to allow a 7-foot wide peripheral greenbelt, and a variance of 18 feet for a commercial office/warehouse building in a P.I.D. zoning district. BACKGROUND The subject property, owned by Bocar Properties, Inc. is located east of Congress Avenue, at the northwest corner of Quantum Boulevard and L.W.D.D. E-4 Canal (see Exhibit "A" - Location Map). Michael Rodriguez, agent for the owner, is requesting relief from the above-referenced Land Development Regulations, which requires a peripheral greenbelt on all sides of a Planned Industrial Development (PID), which includes the western property line of the subject property. The site plan application was reviewed and approved by the Planning and Development Board on June 22nd, 1999. The application proposed to construct two, one- story, office / warehouse buildings totaling 46,660 square feet (See. Exhibit "B" - Approved Site Plan). When approved, this project (Lot #3) provided more than the required parking spaces. A total of 132 parking spaces were proposed, including five (5) handicap spaces. Recently, the owner of the property had requested a use approval (USAP 03-003) to allow additional uses, whose characteristics are similar to commercial uses in nature. Such uses usually require more parking spaces than most industrial uses. The following is a description of the land uses and zoning designation of the properties that surround this site: North: Right-of-way for Lake Worth Drainage District L-21 Canal, then farther north is developed residential property (Dos Lagos) with a Low Density Residential (LDR) land use designation, zoned Planned Unit Development (PUD); Page 2 Quantum Park Lot 3 File No. ZNCV 03-008 South: Right-of-way for Quantum Boulevard, then further south is developed property with an Office - Tndustrial - Hotel (OTH) land use designation, zoned Planned Industrial Development (PTD); East: L.W.D.D. E-4 Canal right-of-way, and farther east Developed property (Masonic Lodge) with an Office (0) land use option, zoned Planned l;ndustrial Development (P1;D); and West: Developed commercial property (Shoppes of Boynton) with a Local Retail Commercial (LRC) land use designation, zoned Community Commercial (C-3). The code states that the zoning code variance cannot be approved unless the board finds the following' am That spec/a/conditions and circumstances ex/st which are peculiar to the land, structure, or building involved and which are not applicable to other/ands, structures or buildings in the same zoning distn'ct. b. That the spec/al condiEons and circumstances do not result from the addons of the applicant. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. e. That the variance granted is the minimum variance that will make possible the reasonable use of the /and, building, or structure. That the granting of the variance will be in harmony with the genera/intent and purpose of this chapter [ordinance] and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Staff reviewed the requested variance focusing on the applicant's response to the above criteria contained in Exhibit "C". Staff responses to selected items are as follows: a. That spec/a/condib'ons and circumstances ex/st which are peculiar to the/and involved and which are not applicable to other/ands; and b. That the spec/a/condibbns and circumstances do not result from the acbbns of the applicant. The subject request has been generated as a result of the applicant's intention to provide additional parking spaces to support the expected demand for the newly approved commercial uses. Therefore, the variance would not be necessary if the property would be used as originally approved for office, industrial or warehouse uses. Furthermore, the same site requirements and use designations are applied similarly to other properties located in the Quantum Park P[D, and the buffer requirements are applied in the same fashion to other perimeter parcels in the P[D. Additionally, through an amendment to the list of permitted Page 3 Quantum Park Lot 3 File No. ZNCV 03-008 uses for the Quantum Park PID, to allow commercial uses, the actions of the applicant have created the special conditions and circumstances. c. That granting the variance requested wi//not confer on the applicant any spec/a/privilege that/s denied by this ordinance to other lands, buildings, or structures in the same zoning district. Given that master plans are reviewed and approved initially for compliance with regulations and conformance with quality design and compatibility objectives intended for planned zoning districts (i.e. Planned Industrial District), granting of the subject request could represent a special privilege not typically conferred to others. This statement is justified by the fact that relief would represent the lowering of standards to which other P1~D master plans are held. The intent of the peripheral buffer is to provide a separation and transition between uses, which differ in terms of intensity and performance. e. That the variance granted is the minimum variance that will make possible the reasonable use of the/and, building, or structure. Staff acknowledges that these restrictions add more challenges to providing additional parking spaces to accommodate more parking-intensive uses. The approved site plan configuration does not leave sufficient room elsewhere to provide the additional parking spaces to support commercial uses and meet all Land Development Regulations. With respect to criteria "e"above, which relates to the magnitude and necessity of the variance, the subject property was approved under the "Office-Industrial" land use option. Therefore, the building and site was designed to maximize the site pursuant to the existing land use options, l;t is the opinion of staff that "reasonable use" in this case would mean that the principal use of the project would be office ant warehouse uses, as originally intended by the use options, and that a small portion of the project could be used for uses recently approved through the use approval process (commercial-like uses with more intense parking ratios). That the granting of the variance will be in harmony with the genera/intent and purpose of this chapter [ordinance] and that such variance will not be injurious to the area involved or otherwise detrimental to the pub/lc we/fare. According to the applicant, this portion of the subject property abuts the parking area for the adjacent cinema. The applicant intends to provide sufficient landscape buffering within the remaining seven (7) feet of peripheral greenbelt to adequately buffer the additional parking area. However, with respect to impacts on the area, and satisfying criterion "fi' above, staff acknowledges that the subject variance would not be consistent with the general intent and purpose of the ordinance for the Planned Industrial District, which is "to accomplish a more desirable environment for industrial development in relation to existing and/or future city development", to "promote the public health, safety, convenience, welfare..." or to provide efficient and harmonious design so as to create an attractive project". The fact that the applicant amended the approved use list to allow commercial-type uses, requiring additional parking, suggests that the hardship has been created from the applicant's action and not from the physical characteristics of the subject parcel within the PID. An argument can also be made that the subject property, the westernmost perimeter lot of the PID, is more restricted than most because of the large buffers on both the north and the west sides. However, is this truly a hardship and justification for ~ variance, when there was no hardship when it was to be developed purely for Office/Industrial uses? 1:~ light of the established PI~D use designation for the property, "Office/1;ndustrial", and the recently approved Page 4 Quantum Park Lot 3 File No. ZNCV 03-008 use change, the most logical approach is to simply allow the current parking resources to govern the types and intensity of uses allowed at the project. For example, without the variance and additional parking spaces, the current parking space resources, due to the surplus, would accommodate just less than one- quarter (approximately 11,665 square feet) of the project to be used for commercial-like uses (at 1 space per 200 square feet) and the remainder split for office and warehouse space each occupying approximately 17,497 square feet. This is just one possible parking demand scenario that could vary, but would be monitored by the owner, as committed to when requesting the use approval, to ensure that the combination of uses can be supported by the available parking resources. CONCLUSI'ONS/RECOMMENDATZON Based on the analysis contained herein, staff recommends that this request for relief to allow a 7-foot wide peripheral greenbelt in lieu of the required 25-foot wide buffer, resulting in a variance of 18 feet be denied. No conditions of approval are recommended; however, any conditions of approval recommended by the Planning and Development Board or required by the City Commission will be placed in Exhibit "D"- Conditions of Approval. MDA/ S:\Pianning~HARED\WI~PRO.1ECTS~Quantum Park Lot 3~ZNCV 03-OO8~STAFF REPORT.doc Location Map Quantum Park Lot 3 EXHIBIT "A" UD C3 ~ pl~~torola N S PROPOSED SiTE PLAN FOR: WEST QUANTUM PLAZA EXH BIT "B" BIT "B" NOT PLAT'TI[O i ~ q -~ , ',~,'~r~T~ ?,;, ;~ ~ _~ ~ ~ - ~,Ji ~ ~ i SPEIF[C PUR~ SU~ V~Y ~i f CO~~. ~:: ~";~ff OUA~EM PAR~ AT BOYNTON BEAC~ ~LD. PLAT No.l ............. ' '. ,,. .--- . ,,. . -. EXHIBIT "C" CITY OF BOYNTON BEACH, FLORIDA PLANNING AND ZONING DIVISION VARIANCE JUSTIFICATION STATEMENT IN RE: LOT 3, Q&q4NTUM PARK AT BOYNTON BEACH P. LD., PLAT ONE I. BACKGROUND Bocar Properties, inc. ("Petitioner") seeks a variance pursuant to Chapter 1.5, SeCtion 4.1 of the Land Development Code of Boynton Beach ("LDC") from Section 7.H.17 of the Land Development Code to allow for the reduction of the "Peripheral Greenbelt" on the xvestern property line of the property from twenty-five (25') feet to seven (7') feet in order to accommodate additional parking. Petitioner's property is located within the Quantum Park Planned Industrial District and is legally described as ("Property"): Lot 3, QUANTUM PARK AT BOYNTON BEACH P.I.D., PLAT NO. 1, according to the plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida recorded in Plat Book 57, Page 182. Petitioner seeks to construct additional parking to service the thirty-two (32) unit commercial office/warehouse use on the Property. The commercial use of the Property has increased the proposed demand for parking and Petitioner intends to supply additional parking spaces to meet said demand. The only viable location for additional parking on the property is along the western boundary line where the "Peripheral Greenbelt" is currently located. Petitioner seeks to place twenty-five (25) parking spaces within the western property line and seeks a variance to reduce the ;vidth of the "Peripheral Greenbelt" from twenty-five (25') feet to seven (7') feet. FTL:I054115:I Variance Justification Statement b~ re: Lot 3, Quantum Park at Boynton Beach PID, Plat No. I June 19, 2003 Page 2 of I 0 EXHIBIT "C" II. PREREQUISITES FOR VARIANCES Chapter 1.5, Section 4.1.D, LDC, provides for the Planning and Development Board to have the following powers: The board has the authority and duty to authorize upon appeal such variance from the terms of a city ordinance as will not be contrary to the public interest when, o~ving to special conditions, a literal enforcement of the provisions of the city ordinance would result in unnecessary and undue hardship. The Planmng and Development Board, in exercising the above referenced powers and duties shall grant a variance upon the following criteria, enumerated in Chapter 1.5, Section 4.1.D. 1, LDC: a. That special conditions and circumstances exist which are peculiar to the land, structure or building involved, and which are not applicable to other lands, structures or buildings in the same zoning district. b. That special conditions and circumstances do not result from the actions of the applicant for the variance. c. That granting the variance requested will not confer on the applicant any special privilege that is denied by this section to other lands, structures or buildings in the same zoning district. d. That literal interpretations of the provisions of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. e. That the variance granted is the minimum variance that will make possible reasonable use of the land, structure or building. f. That the grant of the variance will be in harmony with the general intent and purpose of this chapter and that such variance will not be injurious to the area involved or be otherwise detrimental to the public welfare. The Property is located within the Planned Industrial District (PID). Section 7.H.17, LDC, provides as follows: Peripheral greenbelt. The project area shall be enclosed on all sides with the exception of accessways for traffic and freight by a landscaped area with a minimum width of twenty-five (25) feet except when such property FTL:1054115:1 Variance Justification Statement In re: Lot 3, Quantum Park at Boynton Beach PID, Plat No. 1 June 19, 2003 Page 3 of 10 abuts a residential district such greenbelt shall have a minimum width of forty (40) feet. The western peripheral greenbelt of the Quantum Park PID runs along the Petitioner's western property line. Petitioner is seeking a variance to reduce the width of the peripheral greenbelt to allow for the placement of additional parking in order to accommodate the expected increased demand due to the commercial use of the Property'. The location of property in the western portion of the Property is the only feasible location for additional parking. Petitioner discussed the location of parking between the two commercial buildings within the "loading area." However, while the Planning and Zoning Division supported the location of parking in that area, the Engineering Department objected to said location. Allowing parking within the western portion of the Property is the minimum variance that would allow the Petitioners the reasonable use of the Property. A. That Special Conditions And Circumstances Exist Which Are Peculiar To The Land, St~xtctztre Or Building Involved, And Which Are Not Applicable To Other Lands, Structttres Or Buildings In The Same Zoning District. The Property is located on the ~vestern boundary of the Quantum Park PFD. The Property is bounded on the west by a commercial use ("Regal' Boynton 8 Cinemas"), on the south by Quantum Boulevard, on the east by Lake Worth Drainage Distr/ct Canal E-4 Canal, and on the north by Lake Worth Drainage District Canal L-2t and the Dos Lagos residential community. The western and northern property lines of the Property form the western boundary of the Quantum Park PID. The Property contains a twenty-five (25) feet peripheral greenbelt adjacent to the western property line and a forty (40) feet peripheral green belt adjacent to the northern property line. The site area is 4.075 acres, EXHIBIT "C" FTL:105411 $:1 Variance Justification Statement In re: Lot 3, Quantum Park at Boynton Beach PID, Plat No. 1 June 19, 2003 Page 4 of 10 and the gross building area is proposed to be forty-six thousand six hundred sixty (46,660 s.f.) square feet of commercial office/warehouse uses. The Property is one of only three (3) nodes within the Quantum Park P.I.D. that is affected by the peripheral greenbelt on more than one property line. The requirement for a peripheral greenbelt along more than one property line, along with the added burden of being adjacent to a residential use on the north, provides a special condition that is peculiar to the Property within the PID. B. That Special Conditions And Circ~mstances Do Not Result From The Actions Of The Applicant For The Variance. The topography and placement of property is not a self-inflicted or self-created hardship. With the peripheral greenbelt on two (2) sides of the Property, it is subject to set backs of twenty-five (25') feet and forty (40') feet on two (2) sides. These setback requirements limit building on the Property to a greater degree than other properties in the subdivision that are bounded located within the PID, or ~vith only one property line subject to the peripheral greenbelt. This added buffering limits the amount of open space in which to provide the additional parking that will accommodate the expected demand due to the commercial use on the Property. The Court inElwyn v. City of Miami, 113 So.2d 849 (Fla. App.1959) stated: The authorities seem uniform on the proposition that the difficulties or hardships relied on must be unique to the parcel involved in the application for the variance. They must be peculiar that particular property, and not general in character, since difficulties or hardships shared with others in the area go to the reasonableness of the zoning generally, and will not support a variance. The location and area of the buildings coupled with the existence of peripheral greenbelts on two (2) sides of the Property creating twenty-five (25') foot buffer on the western property line and a forty (40) foot buffer on the northern property line creates a EXHIBIT "C" FTL:10541 !$:1 Variance Justification Statement In re: Lot 3, Quantum Park at Boynton Beach P[D, Plat No. I June 19, 2003 Page 5 of 10 EXHIBIT "C' unique hardship. The building area and commercial office/warehouse use with expected high demand for parldng coupled with the location of the Property in relation to the total Quantum Park PID creates a unique hardship that justifies the granting of a variance. C. That Granting The Variance Requested Will Not Confer On The Applicant Any Special Privilege That Is Denied By This Section To Other Lands, Structures Or Buildings in The Same Zoning District. The ~anting of the variance requesting a reduction in the peripheral greenbelt will not confer upon Petitioner any special privilege denied by the LDC. Petitioner is seeking to increase the number of parking spaces on the Property to accommodate the expended demand created by the commercial office/warehouse use. It was suggested by Lusia Galav of the Planning and Zoning Division of the City of Boynton Beach that the additional parking be placed between the two (2) buildings on the Property. However, the City's Engineering Division, in discussing the parking plan with the Petitioner, objected to the placement of parking between Building "A" and Building "B" on the Property. The only remaining available location for parking on the Property was along the western property line within the peripheral ~eenbelt. The placement of additional parking is not a special privilege denied by the LDC. The parameters of the Property, in conjunction with the required peripheral greenbelt limit the available open space for parking. Such a limitation results in the need for a variance to the peripheral greenbelt requirements to allow for the additional parking to be placed along the western portion of the Property. FTL:IO$4115:1 Variance Justification Statement In re: Lot 3, Quantum Park at Boynton Beach PID, Plat No. 1 June I9. 2003 Page 6 of I 0 EXHIBIT "C" D That Literal Interpretations Of The Provisions Of The Ordinance Would Deprive The Applicant Of Rights Commonly Enjoyed By Other Properties In The Same Zoning District Under The Terms Of The Ordinance And Would Work Unnecessary And Undue Hardship On The Applicant. The literal interpretation of the LDC would deprive the Petitioner of rights commonly enjoyed by other Properties within the PID. The Petitioner attempted to provide additional parking at the Property by way of placing parking between Buildings "A" and "B". However, the City's Engineering Division objected to the placement of the parking in that location. In order to accommodate the expected increased demand for parking, the Petitioner is seeking a variance to allow for the placement of parking within the peripheral greenbelt along the western boundary of the Property. The increase in parking serves to accommodate the expected demand of parking for the commercial office/warehouse use on the Property. The Property's size, combined with the additional buffer requirements along the western and northern boundaries, limit the available space on the Property for additional parking. The combination of increased buffer yards and the objection to the placement of parking between Building "A" and Building "B" has resulted in an unnecessary and undue hardship on the Petitioner. E. That The Variance Granted Is The Minimum Variance That Will Make Possible Reasonable Use Of The Land. Structure Or Building. The reduction of the twenty-five (25) foot peripheral greenbelt along the western boundary of the Property in order to accommodate additional parking is the minimum variance that will make reasonable use of the land. Lot 3 of the Quantum Park at Boynton Beach PID, Plat No. 1, is located on the western edge of the Project. The Property is bounded on the west by the Regal Boynton 8 Cinemas and on the north by FTL: 1054115:1 t/aria~tce Jttsti~cation Statement ~ ' ' In re: Lot 3. Qt~a~ttunt Park at Boy~zton Beach P[D, Plat No. 1 June I9. 2003 Page 7 o.f l 0 Lake Worth Drainage District L-21 Canal and the Dos Lagos residential subdivision. Due to its location on the western bounds of the Project, the peripheral greenbelt £or the Quantum Park PIX) is located on the Property's western and northern boundaries. This peripheral greenbelt has resulted in additional buffer yard requirements on the Property that most of' the properties within the PIX) are not burdened by. The Petitioner seeks to provide additional parking to that mandated by the LDC. The additional parking is required to satisfy and accommodate the expected increased demand due to the Property's development as a commercial offce/warehouse.~ The Petitioner initially, upon guidance fi'om the City's Planning and Zoning Division, intended to place the additional parking between Building "A" and Building 'B" on the Property. However, the Petitioner's discussion of the proposed additional parking with the City's En~neering Division resulted in their objection to said location. Parking is currently proposed along the perLmeter of the Property, except for the western portion. Parking along portion is adjacent to the forty (40) foot peripheral greenbelt required to buffer the use fi'om residential property. The only available location within the Property ~'or additional parking was along the western boundarT. In order £or the additional parking to be placed on the Property, a variance is required to allow the peripheral greenbelt to be reduced to accommodate the parking spaces. The Petitioner intends to provide sufficient landscaping along the remaining portion of the peripheral greenbelt to sufficiently screen the Property from the adjacent use. The reduction of the peripheral greenbelt along the western boundary is the minimum variance that will make possible the reasonable use o£ the Property due to the abutting parking area for the R. egal Bo~nton $ Cinemas to the EXHIBIT "C" FTL:1054115:1 Variance justification Statement Itl re: Lot 3, Quantum Park at Boynton Beach PID, Plat No. 1 June 19, 2003 Page 8 of 10 west of the Property. any negative impacts to the public welfare. The parking area for the two properties will be abutting, reducing EX;'-{iBIT "C" F. That The Grant Of The Variance Will Be In Harmony With The General Intent And Purpose Of This Chapter And That Such Variance Will Not Be Injuriotts To The Area Involved Or Be Otherwise Detrimental To The Public Welfare Allowing the Petitioner to reduce the width of the peripheral greenbelt on the western property line will be in harmony with the general intent and purpose of this Chapter and such variance will not be injurious to the area involved. The Property abuts the Regal Boynton 8 Cinemas on the ,,vest. The parking area of the cinemas directly abuts the Property on the west. Petitioner intends to supply sufficient landscape buffering within the remaining peripheral greenbelt to adequately buffer the additional parking to be provided on the Property from the cinema parking. Because the properties' parking areas will abut each other after the granting of the variance, the effect of the variance will not be injurious to the area involved or otherwise be detrimental to the public welfare. The additional parking provided will not affect the residential properties to the north, nor will the additional parking provided have a negative impact on the adjacent commercial uses that fall outside the boundaries of the Quantum Park PII). III. CONCLUSION Petitioner's request for a variance from the peripheral greenbelt of the Quantum Park at Boynton Beach PID, is necessitated by the expected increased demand for parking on the Property. The Property is on the western edge of the PID and the peripheral greenbelt for the PID is located along two (2) of its boundaries. The increased setback requirements, coupled with the expected increased demand for parking on a FTL:I054115:1 Variance Justification Statement In re: Lot 3, Quantum Park at Boynton Beach P[D, Plat No. I June 19, 2003 Page 9 of ! 0 commercial office/warehouse site, create a condition that necessitates the granting o£ a variance to allow for the reduction of the western peripheral greenbelt to accommodate additional parking. Petitioner's request meets the conditions enumerated by the LDC. The conditions and circumstances necessitating the variance are peculiar to the Property, the special conditions are not the result of actions on the part of the Petitioner, the ~anting of the variance will not confer any special privilege that is denied to other property owners, the literal interpretation of the LDC will deprive the Petitioner of rights commonly enjoyed by other owners, the variance granted is the minimum variance that will make possible the reasonable use of the Property, and the grant of the variance will be in harmony with the general intent and purpose of the LDC and that such a variance is not injurious to the area involved or detrimental to the public welfare. IV. CERTIFICATION We understand that this petition and all papers and plans submitted herewith become a part of the permanent records of the Planning and Zoning Division. We hereby certify that the above statements and any statements or showings in any papers or plans submitted herewith are true to the best of our knowledge and belief. not be accepted unless signed according to the instructions below. Date This petition ;viii RESPECTFULLY SUBMITTED, BOCAR PROPERTIES, INC. Robert Burrow, Authorized Principal EXHIBIT FTL: 1054115: ! Variance Justification Statement In re: Lot 3, Quantum Park at Boynton Beach P[D, Plat No. I June 19, 2003 Page I 0 of 10 V. AUTHORIZATION OF AGENT RUDEN MCCLOSKY SMITH SCHUSTER & RUSSELL, P.A. EXHIBIT "C" Si 'gnafure of Authorized Agent Date We hereby designate the above-referenced firm as our authorized agent in regard to this petition. BOCAR PROPERTIES, INC. Signature of Authorized Principal Da{e ~ FTL:1054115:1 EXHIBIT "D" Conditions of Approval Project name: Quantum Park Lot 3 File number: ZNCV 03-008 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTH,1TIES Comments: None X Comments: None X POLICE Comments: None X ENGINEERING DMSION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTAI~IST Co~ents: None X PLANNING AND ZONING Comments: None X Conditiom of Approval 2 DEPARTMENTS INCLUDE REJECT ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\Shared\Wp\Projects\Quantum Lot 3~ZNCV 03-008\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Quantum Park Lot 3 APPLICANT'S AGENT: Michael Rodriguez - Ruden McClosky APPLICANT'S ADDRESS: 200 E. Broward Blvd. Suite 1500, Fort Lauderdale, FL 33301 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 2, 2003 TYPE OF RELIEF SOUGHT: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2. Zoning, Section 7.H.17, requiring a 25-foot wide peripheral greenbelt when abutting a residential district, to allow a 7-foot wide peripheral greenbelt, and a variance of 18 feet for a commercial office/warehouse building in a P.I.D. zoning district. LOCATION OF PROPERTY: Lot 3 Quantum Park P.I.D. DRAWING(S): SEE EXHIBIT "B' A'r-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: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 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". 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. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: j:\SHRDATA~Planning~.~iHARED\WF~FORMS\Blanks f(xms folde~Devetol:).On:ler For~n..2001-Revised.doc City Clerk TO: THRU: FRO M: DATE: PRO.1ECT NAME/NO: REQUEST: DEVELOPMENT DEPARTMENT PLANNI:NG AND ZON]:NG DI~iSTON MEMORANDUM NO. PZ 03-165 STAFF REPORT Chairman and Members Planning and Development Board and City Commission Michael Rumpf Director of Planning & Zoning Eric Lee .lohnson, AICP Planner .luly 7, 2003 Quantum Park DRI / (USAP 03-003) Use Approval Property Owner: Agent: Location: Existing Land Use/Zoning: Proposed Land Use/Zoning: Proposed Use: Acreage: Adjacent Uses: North: South: PRO3ECT DESCR/PT/ON Bocar Property Incorporated .loni Bdnkman, AICP / Winston Lee & Associates, Incorporated Quantum Park DRI Lot 3 Office - Industrial (OI) / Planned Industrial Development (PI[D) N/A The application includes a general list of additional uses to be allowed within this PID (see Exhibit "D"- Quantum Park DRI Use List Revision Request) 4.075 acres Right-of-way for Lake Worth Drainage District L-21 Canal, then farther north is developed residential property (Dos Lagos) with a Low Density Residential (LRC) land use designation, zoned Planned Unit Development (PUD); Right-of-way for Gateway Boulevard, then further south is developed property with an Office - Industrial - Hotel (OIH) land use designation, zoned Planned Industrial Development (PID); East: Developed property (Masonic Lodge) with an Office (O) land use option, Quantum Park DRI Lot 3 (USAP 03-003) Staff Report Memorandum No PZ-03-165 Page 2 zoned Planned Industrial Development (PID); and West: Developed commercial property (Shoppes of Boynton) with a Local Retail Commercial (LRC) land use designation, zoned Community Commercial (C-3). Ms..loni Bdnkman, agent for the owner has submitted an application for use approval in the Quantum Park Planned Industrial Development (P[D) (see attached location map - Exhibit"A'% The proposed list of permitted uses would apply only to Lot #3 and include the following: Athletic and Aerobic Clubs / Specialized ~nstruction, including such uses as gymnastic centers, cheedeading schools, karate schools, yoga centers, pilates centers, dance studios, and fitness centers; and Automobile and vehicle accessories, furnishings and supplies sales, installation, repair, and service, such as car alarms, window tinting, stereo systems and customizations (see Exhibit "D" - Quantum Park DR[ Use List Revision Request). The approval of a list of permitted uses is required for all Planned [ndustrial Developments. The original Quantum Park P[D Master Plan did not include the above-referenced uses and that is the reason the applicant is now requesting use approval. Similar to past requests, the Quantum Park Master Plan's permitted uses list would be incrementally modified in connection with the approval of each new development within the P[D. In approving a particular use, the Planning and Development Board must make findings that the proposed use will not be in conflict with the performance standards listed in Section 4.N. of the zoning regulations, and that the uses proposed are consistent with the intent and purposes of the Planned Industrial Development District. ANALYSZS The applicant is required to address the Performance Standards listed in Chapter 2, Section 4.N of the Land Development Regulations as they relate to the proposed list of permitted uses. The purpose of the Performance Standards are to ensure that uses will not be a nuisance or hazard to persons, animals, vegetation or property located on adjacent or nearby properties or right-of-way; or to interfere with the reasonable use or enjoyment of adjacent or nearby property by reason of noise, vibration, smoke, dust, or other particulate matter; toxic or noxious matter; odor, glare, heat or humidity; radiation, electromagnetic interference, fire or explosive hazard, liquid waste discharge, or solid waste accumulation. The applicant has been asked to provide a description of their request relative to the performance standards within Chapter 2, Section 4.N of the Land Development Regulations to evaluate the impact and appropriateness of this use within the PID district. These responses are listed as follows: Noise: No use shall be carried out on the property so as to create sound which is in violation of Section 15-8 of the City Ordinances. The above requested uses shall be conducted entirely within the building and shall not produce sound in violation of Section 15-8. 2. Vibrations: No use shall be carried out on the property so as to create inherently and recurrently Quantum Park DRI Lot 3 (USAP 03-003) Staff Report Memorandum No PZ-03-165 Page 3 generated ground vibrations, which are perceptible without instruments at any point at or beyond the property line. The above requested uses shall not create ground vibrations, which would be perceptible beyond the property lines of the subject lot. Smoke, dust, dirt, or other particulate matter: No use shall be carried out on the property so as to allow the emission of smoke, dust, dirt, or other particulate matter, which may cause damage to property or vegetation, discomfort or harm to persons or animals, or prevent the reasonable use and enjoyment of property and rights-of-way beyond the property line. Furthermore, no use will be carried out on the property so as to allow the emission of any substances in violation of any federal, state, county, or city law or permit governing the emission of such substances. The proposed uses do not produce smoke, dust, dirt, or other particulate matter and shall comply with all federal, state, county or city laws or permits pertaining to same. Odors and fumes: No use shall be carried out on the property so as to allow the emission of objectionable or offensive odors or fumes in such concentration as to be readily perceptible at any point at or beyond the boundary of the property. The proposed uses do not produce any objectionable or offensive odors or fumes. Toxic or noxious matter: No use shall be carried out on the property so as to allow the emission of toxic or noxious matter in such concentration as to cause damage to property, vegetation, discomfort, or harm to persons or animals, or otherwise prevent the reasonable use and enjoyment of property or rights-of-way at or beyond the proposed property boundary; or to contaminate any public waters or any groundwater. The proposed uses do not produce toxic or noxious matter. Fire and Explosion: No use shall be carried out on the property so as to create a fire or explosion hazard to adjacent or nearby property or rights-of-way or any persons or property thereon. Furthermore, the storage, use, or production of flammable or explosive materials shall be in conformance with the provision in Chapter 9 of the City of Boynton Beach Code or Ordinances. The proposed uses do not create a fire or explosive hazard. There will be no storage of flammable or explosive materials unless in conformance with Chapter 9. Heat, Humidity or 61are: No use shall be carried out on the property so as produce heat, humidity or glare readily perceptible at any point at or beyond the property line of the property on which the use is located. Artificial lighting, which is used to illuminate any property or use, shall be directed away from any residential use, which is a conforming use according to these regulations, so as not to create a nuisance to such residential uses. The proposed uses do not produce heat, humidity or glare. No additional lighting is being proposed for the buildings and the site complies with the City approved site plan, which required that lighting be directed away from any residential use. Liquid Waste: No use shall be carried out on the property so as to dispose of liquid waste of any type, quantity, or manner, which is not in conformance with the provisions of Chapter 26 or the City of Boynton Beach Code or Ordinances, or any applicable federal, state, or county laws or permits. Any applicable provisions of Chapter 26 of the City Of Boynton Beach Code of Ordinances, or any applicable federal, state, or county laws or permits shall be complied with. Solid Waste: No use shall be carried out on the property so as to allow the accumulation or disposal of solid waste which is not in conformance with Chapter 10 of the City Ordinances, or which Quantum Park DRI Lot 3 (USAP 03-003) Staff Report Memorandum No PZ-03-165 Page 4 would cause solid waste to be transferred in any manner to adjacent or nearby property or rights-of- way. The proposed uses shall be in compliance with Chapter 10 of the City Of Boynton Beach Code of Ordinances and shall utilize the solid waste receptacles as depicted on the approved site plan. 10. Electromagnetic Znterference: No use shall be carried out on the property so as to create electromagnetic radiation, which causes abnormal degradation of performance of any electromagnetic receptor of quality and proper design as defined, by the principles and standards adopted by the Institute of Electrical and Electronics Engineers, or the Electronic Industries Association. Furthermore, no use shall be carried out on the property so as to cause electromagnetic radiation, which does not comply with the Federal Communications Commission Regulations, or which causes objectionable electromagnetic interference with normal radio or television reception in any zoning district. The proposed uses shall not create electromagnetic radiation. 11. Hazardous Haterials and Hazardous Waste: The operator of any use on the property that uses, handles, stores, or displays hazardous materials or that handles hazardous waste, as defined in 40 Code of Federal Regulations, Part 261 shall be required to obtain a permit in accordance with Section 11,3, Environmental Review Permits of the City Ordinances, The proposed uses do not use, handle, store or display hazardous, or generate hazardous waste, The above-referenced testimony by the applicant certifies that the proposed uses would not violate any of the performance standards listed in Chapter 2, Section 4.N of the Land Development Regulations. The approved site plan shows that the two (2) buildings were approved for a total of 46,660 square feet. The parking methodology was based upon the following: · 23,330 square feet of office area at a rate of one (1) space per 300 square feet · 23,330 square feet of warehouse at a rate of one (1) space per 800 square feet The approved site plan showed that 107 parking spaces were required and that 132 or an excess of 25 parking spaces were provided. The proposed "athletic" type uses (i.e. specialized instruction, including cheerleading schools, karate schools, yoga centers, pilates centers, and dance studios) would require Parking at a higher rate (one space per 200 square feet). Also, the proposed "automobile" type uses (~i.e. automobile and vehicle accessories, furnishings and supplies sales, installation, repair, and services~) also would require parking at a higher rate (one space per 250 square feet). As previously mentioned, there are an excess of 25 parking spaces allocated between the two (2) buildings. However, since the buildings on the subject site (Lot 3) were constructed years ago, it would be difficult for staff to monitor the incoming / outgoing businesses within the subject property without the active involvement and coordination among Divisions within the Department of Development. However, the property owner has agreed to monitor the businesses and their respective parking requirements for each tenant by using a spreadsheet (see Exhibit "B" - Letter from .loni Brinkman to Eric .lohnson~. This spreadsheet would be submitted as part of the building permit and occupational licensing process in order to help mitigate any future parking problems. Also, according to applicant, each tenant's lease would require a copy of the spreadsheet and that document would be submitted with the tenant's application for an occupational license. This spreadsheet would be maintained and continuously updated by the property owner. It would indicate the amount of provided parking on the site, the deduction of required parking per bay, the applicable calculation rate, and the remaining unallocated amount of parking spaces. Obviously, it is the City's responsibility to ensure compliance with the parking requirements. However, the burden of Quantum Park DRI Lot 3 (USAP 03-003) Staff Report · Memorandum No PZ-03-165 Page 5 proof is shifted from the City to the property owner when the property owner perpetually maintains the "spreadsheet"(see Exhibit "C" - Conditions of Approval). As previously mentioned, the subject property currently contains an Office - Industrial (OI) land use option. This request for use approval, in part, is to allow gymnastic centers under the "Industrial" land use option in the quantum Park PID. A similar type of request occurred in September 2001. At that time, Flip-City requested to amend the City's Land Development Regulations to allow gymnastic centers in the Light Industrial (M-l) zoning district. At that time, gymnastic Centers were not permitted uses in the M-1 zoning district. Flip-City's justification was the following: "Gymnastic centers require high ceilings (minimum 16 feet) and a relatively large amount of square footage (anywhere from 6,000 to 20,000 sq. ft.)". Because of these requirements it is unfeasible to operate such a facility in most commercial areas. The ceiling height in most centers is in the 12-14 feet range. So called "big boxes" are prohibitively expensive to either build or lease in commercial areas and would be fiscally impossible to operate as a gymnastic center. Throughout the state of Florida there are many gymnastic centers operating in industrial zones. Of 83 gymnastic centers polled in Florida, 74 of them are located in industrial zones. These numbers are representative of the gymnastic industry nationwide." Staff concurred by stating, that "economic and market trends evolve at a faster pace than zoning regulations and may also lead to inconsistency in regard to the relationship between tee public's welfare and the allowance of such use". However, staff also reasoned that, "allowing the proposed use in the M-1 zoning district would intensify and be in contrast to the characteristics and performance of the M-1 zoning district. Staff argued that "the use of an undersized building for recreational purposes, with a higher parking requirement, could increase the need for code variances if existing sites could not be retrofitted for the greater standards". Staff further believed that the gymnastic center use would have drastically modified the industrial fabric of the M-z zoning district and performed differently than a traditional industrial user. Staff recommended denial of Flip-City's request to amend the Land Development Regulations. The City Commission approved Flip-City's request to allow gymnastic centers in the M-1 zoning district on November 20, 200! per Ordinance No. 01-57. At this time, staff opinion has not wavered from the original position that industrial property should not be converted to commercial property. The requested commercial type uses should not be permitted on lots that have an "Industrial" land use option (in the quantum Park PID). The main difference between the quantum Park PID and the M-1 zoning district is simply that the PID already contains a land use options intended for commercial businesses. These land use options are the "Commercial" and "Mixed-Use" land use options. In fact, the Quantum Park PID sets aside almost 132 acres of the industrial park for commercial type uses. Furthermore, the PID has drastically experienced a reduction in land set aside for industrial type uses. In fact, over 52% of the land in the entire PID is set aside for other than industrial users. Allowing the requested use approval would only exacerbate the growing trend of converting industrial property to commercial property, especially while there is still ample commercial property found throughout the PID as well as citywide. More importantly, quantum Park was approved for a certain number of vehicular trips in terms of traffic concurrency pursuant to the Development of Regional Impact (DRI). Converting industrial uses to commercial uses (that generate higher traffic such as karate studios) could have negative implications on traffic concurrency that affects the DRI thresholds despite the applicant's request for use approval on Lot 3 only. The DRI thresholds are based upon land uses that are regulated to land use options assigned to each parcel. Staff maintains that the above-requested commercial types of uses would be better served in lots in the PID that already posses the "Commercial" land use option. This would be more Quantum Park DRI Lot 3 (USAP 03-003) Staff Report Memorandum No PZ-03-165 Page 6 desirable than opening up a floodgate for commercial uses on lots with the "Industrial" land use option even if it were only requested for Lot 3 at this time. it is the opinion of staff that the proposed list of uses (see Exhibit "D'~) is consistent with the intent and purpose of the Quantum Park PID. The list of permitted uses for the Quantum Park PID has been specifically tailored to the subject property due in part, to the site's close proximity to adjacent commercial centers and residential neighborhoods as well as its developed (nearly "built-out'~) characteristic. However, staff determined that four (4) of the proposed uses should not be allowed given the fact that the above- referenced uses would be more appropriate in those Quantum Park lots that have a Commercial land use option. In conclusion, it is staff's opinion that the only requested uses that actually have "industrial" characteristics would be the following: Installation, repair, and service of stereo, window tinting, and alarms for automobiles. Big box companies such as Best Buy, Sound Advice, or Circuit City provides this type of service but only as an accessory use to the principle use (retail). These types of stores would be best suited for the "Commercial" land use option over the "Industrial" land use option. Auto repair is not allowed within the P1~D and auto part stores, such as Rose Auto Parts, Discount Auto Parts, and AC Delco would also be best suited for the "Commercial" land use option. Finally, the exclusion of the applicant's other requested uses makes it easier for both staff and the property owner to monitor the parking situation. RECOMMENDA'r~ON It is the determination by staff that the applicant's list of proposed uses would not be consistent with the intent and purpose of the Office - Industrial (OI) land use option of Lot 3 in the Quantum Park PID. Therefore, staff recommends that the proposed list of permitted uses be reduced to only allow the following uses: · Installation, repair, and service of alarms, stereos and window tinting for automobiles. Also, staff recommends that the above referenced uses for Lot 3 be approved contingent upon meeting the conditions listed in Exhibit "C" - Conditions of Approval. Additional comments recommended by the Board or Commission would also be included in Exhibit "C" - Conditions of Approval. Attachments S:\PtannmgL..~hared~Wp\Ptojects\Quamum Lot 3\USAP 03-O02LSt~ff la. efx~.doc CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Meeting, Dates in to City Clerk's Office Meetine Dates [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 [] August 19, 2003 August 4, 2003 (Noon) [] October 21,2003 [] September 2, 2003 August 18, 2003 (Noon) [] November 5. 2003 [] September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 Date Final Form Must be Turned in to Cit~ Clerk's Office September 15, 2003 (Noon) October 6, 2003 (Noon) October 20, 2003 (Noon) November 3, 2003 (Noon) [] Admmisu'ative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM ,- [] City Manager's Report [] Presentation ,], ~t g,~~ tgf' [] Consent Agenda [] Public Hearing ~ ! [-I Code compliance/Legal Settlements [] Unfinished Business RECOMMENI~TION: Please place this request on the September 2, 2003 City Commission Agenda under // Consent Agenda. ~ae Planning and Development Board with a 5 to 2 vote, recommended that the subject reque~ be approved. Staffc~ntmues to ~ppose approval of this variance due to lack of hardship and m ::'?~c a,,cc: ~c, ' accommodate.gr,~iler commercial uses at this project, which has "office" and "industrial" use options within the Quantum Park DR/. Although the recent use approval added athletic training and certain auto accessory uses to the subject Lot #3, the existing parking resources would have naturally limited the extent that non-industrial uses could be accommodated at the project. The applicant (for the use approval) at that time acknowledged this circumstance by committing to the daily monitoring of available parking in conjunction with occupational license requests. More significant changes in the commercial uses allowed at this project should follow state requirements for changes to a DRI. For further details pertaining to the request, see attached Department of Development Memorandum Nos. PZ 03-198 and PZ 03-165 (staff report for recent Use Approval application. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Quantum Park Lot 3 (ZNCV 03-008) Michael Rodriguez, Ruden McClosky Bocar Properties, Inc. Lot 3 Quantum Park P.I.D., Boynton Beach Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 7.H. 17, requiring a 25-foot wide peripheral greenbelt when abutting a residential district, to allow a 7-foot wide peripheral greenbelt, and a variance of 18 feet for a commercial office/warehouse building in a P.I.D. zoning distxict. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERN~ Develop~efit~)ep~-tme~t-D~'~tor City Manager's Signature Plannir~g ~nd Zoning l[~ector City Attorney / Finance / Human Resources GSHolding folder to transfer\Agenda Item Request Quantum Part Lot 3 ZNCV 03-008 9-2-03.dot S:~BULLETIN~FORMS~kGENDA ITEM REQUEST FORM.DOC V.-CONSENT AGENDA rrEM D.4 CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FOmvl Requested City Commission Date Final Form Must be Turned Meetin~ Dates in tO City Clerk's Office Requested City Commission Meetin~ Dates Date Final Form Must be Turned in to City Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) [] August 19, 2003 August 4, 2003 (Noon) [] October 21,2003 October 6, 2003 (Noon) [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 [] September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 NATUR]~ OF AGENDA ITEM [] Admimstrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business October 20, 2003 (Noon) ~ ~ November 3, 2003 (N ~_o~ "< C~ RECOMMENDATION: Please place this request on the September 2, 2003 City Commission Agenda under Consent Agenda. The Planning and Development Board with a unanimous vote, recommended that the subject request be approved subject to staff coaaixents, including changes to staff comments to address wall signage, site signage and changing condition #23 to convert it to a "required" coueaent rather than a "recommended" comment as supported by code. It should be noted that the applicant does not object to this condition that both existing billboards be removed as a part of site plan approval and project construction. For fia'ther details pertaining to the request, see attached Departxnent of Development Memorandum No. PZ 03-197. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Winchester Conunons (NWSP 03-012) Chris Ralph, P.E., Kimley-Horn & Associates, Inc. Land Capital Group Boynton Beach, LLC Northwest corner of Boynton Beach Boulevard and Winchester Park Boulevard Request for site plan approval for the construction of a one (1) story, 21,600 square foot multiple bay building on 2.4 acres in the C-3 zoning district. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A cio, City Manager's Signature Planning and Zonin~ I~rector City Attorney / Finance / Human Resources S:~Planning~HARED\WP~ROJECTS\Winchester Commons\Agenda Item Request Winchester Commons NWSP 03-012 9-2-03.dot S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC TO: THRU: FROM: DATE: PROJECT NAME/NO: REQUEST: DEVELOPMENT DEPARTMENT PLANNZNG AND ZONZNG DZVZSZON MEMORANDUM NO. PZ 03-197 STAFF REPORT Chairman and Members Planning and Development Board and City Commission Michael Rumpf Planning and Zoning Director Eric Lee Johnson, AICP ~ Planner August 18, 2003 Winchester Commons / NWSP 03-012 New Site Plan PRQ3ECT DESCR~IrI~ON Property Owner: Land Capital Investment Group Boynton Beach, LLC Applicant: Chris Ralph, P.E. / Kimley-Horn and Associates, Inc. Location: Northwest corner of Boynton Beach Boulevard and Winchester Park Boulevard (see Exhibit "A"- Location Map) Existing Land Use/Zoning: Local Retail Commercial (LRC) / Community Commercial (C- 3) Proposed Land Use/Zoning: No change Proposed Use: Request new site plan approval to construct a one (1)-story, 21,600 square foot commercial plaza Acreage: 2.4 acres (104,473 square feet) Adjacent Uses: North' Developed Wal-Mart Supercenter with a Local Retail Commercial (LRC) land use designation, zoned Community Commercial (G3); South: Right-of-way for Boynton Beach Boulevard, farther south is a developed commercial plaza (B.]'s Wholesale Club) with a with a Local Retail Commercial (LRC) land use designation, zoned Planned Commercial Development (PCD); East: Right-of-way for Winchester Park Boulevard, farther east is developed commercial (ABC Fine Wine and Spirits) with a Local Retail Commercial (LRC) land use Staff Report -Winchester Commons (NWSP 03-012) Memorandum No PZ 03-197 Page 2 designation, zoned Community Commercial (03); and West: Developed commercial property (Bedding Barn) with a Local Retail Commercial (LRC) land use designation, zoned Community Commerdal (C-3). Site Characteristic: According to the survey, the subject site is currently vacant but contains two (2) existing billboards and a four (4)-foot high barbed-wire fence. As a result of this development, staff recommends removing both billboards pursuant to requirements of Chapter 2! of the Land Development Regulations and the barbed wire fence (see Exhibit "C"- Conditions of Approval). The survey also shows thata 30-foot wide road right-of-way, which traversed through the interior of the property, was abandoned according to Official Record Book 2586, Page 1378. However, a 10-foot wide utility easement currently runs in an east-west direction along the south property line. This utility easement would notbe altered and would remain in its current state. The highest elevation is a point 15 feet- six (6) inches above sea level, located near the rear of the property. The City Forester / Environmentalist conducted a site visit and determined that the subject property contains a variety of exotic trees / vegetation. However, the property does contain a stand of Green Giant Bamboo and four (4) Sabal palm trees. Proposal: According to public documents, the property was annexed in June 1992 and acquired by Wal-Mart in November 1999. This lot is one of the last remaining vacant parcels on Boynton Beach Boulevard. Mr. Chris Ralph, P.E. is requesting site plan approval for the construction of a 21,600 square foot multiple bay commercial building. Concurrency: Traffic: A traffic statement was sent to the Palm Beach County Traffic Division for concurrency review in order to ensure an adequate level of service. As of the date of this report, no response has been received from the County. The Palm Beach County Traffic Division must approve the traffic impact statement prior to the issuance of a building permit (see Exhibit "C"- Conditions of Approval). Drainage: Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review (see Exhibit "C"- Conditions of Approval). School: Driveways: School concurrency is not required for this type of project. The site plan (sheet C-3) shows that one (1) point of ingress / egress is proposed on Boynton Beach Boulevard. This driveway opening would allow for left turn - right turn ingress and for right-turn only egress. The Engineering Division of Public Works has reviewed and approved the proposed deceleration lane and driveway Staff Report - Winchester Commons (NWSP 03-012) Memorandum No PZ 03-197 Page 3 Parking Facility: Landscaping: Building and Site: opening. According to the Land Development Regulations, retail uses require one (:[) parking space per 200 square feet of gross floor area. The site plan (sheet C-3) proposes 21,600 square feet of retail area, thereby requiring :[08 parking spaces. The site plan also shows that :[08 parking spaces would be provided, including five (5) designated for handicap use. No excess parking would be provided. All spaces, excluding the handicap spaces, would be dimensioned nine (9) feet- six (6) inches in width and 18 feet - six (6) inches in length. The parking spaces proposed adjacent to the dry retention area would also be 18 feet - six (6) in length, but only 16 feet - six (6) inches would be paved. All proposed parking stalls, including the size and location of the handicap spaces were reviewed and approved by both the Engineering Division and Building Division. The proposed open space or "pervious" area would be 29,310 square feet or 28% of the total lot. Over 38% of the pervious area would be the dry retention area, proposed along the western portion of the site. The front landscape buffer (along Boynton Beach Boulevard) would be approximately 20 feet wide. This buffer also encompasses the utility easement area. The landscape plan (sheet LA-l) shows that this buffer would contain East Palatka Holly shade trees. It would also contain a row of Dwarf Pink Oleander hedges, Wax Jasmine, and Ixora 'Nora' Grant. However, this landscape buffer shall also contain additional colorful groundcover plants (see Exhibit"C' - Conditions of Approval). The western perimeter buffer would contain Sweet Mahogany shade trees and clusters of Sabal palm trees with a row of Redtip Cocoplum hedges installed at the base. The rear (north) perimeter buffer would contain a row of Live Oak shade trees and clusters of Sabal palm trees with a row of Redtip Cocoplum hedges installed at the base. The east perimeler buffer (along Winchester Park Boulevard) appears to be seven (7) feet in width and would contain the same plant material as the south perimeter buffer. Additional groundcover plants would also be required along Winchester Park Boulevard, same as along Boynton Beach Boulevard (see Exhibit "C" - Conditions of Approval). Other project trees would include Pigeon Plum and Purple Glory trees. The signature trees (Purple Glory trees) would have to have six (6) feet of clear trunk installed within the safe-sight triangle (see Exhibit "C" - Conditions of Approval). Other"shrubs and groundcover" would include the following: Spider Lily, Dwarf Yaupon Holly, Wax Jasmine, New Gold Lantana, Ligustrum, and Blue Plumbago. The building and site design as proposed would generally meet code requirements when staff comments are incorporated into the permit drawings. As previously mentioned, there are two (2) billboards on the site. The applicant has not communicated to staff their intention to remove the billboards. As previously mentioned, staff recommends removing the billboards from the subject site in accordance with the requirements of the Land Development Regulations (Chapter 2:[ - Signs) (see Exhibit "C"- Conditions of Approval). The floor plan (sheet A2.1) shows that the building would contain multiple tenants' with bay sizes ranging from :[,500 square feet to 4,000 square feet in area. Staff Report -Winchester Commons (NWSP 03-012) Memorandum No PZ 03-197 Page 4 Design: Signage: However, the size of each bay would change depending on the needs of the individual tenants. Regardless, the building would be 288 feet in length by 75 feet in depth. The proposed building has been designed as a one (:t)-story structure. The maximum height allowed in the 03 zoning district is 45 feet. The elevations (sheet A3.1) show the top of the parapet wall at :t9 feet- eight (8) inches in height. The peak of the highest roof would be 28 feet in height, well below the maximum allowed in the zoning district. Most of the newer commercial buildings constructed within the immediate vicinity of the subject property (i.e. Wal-Mart, ABC Fine Wine and Spirits, Boynton Commons shopping center) possess desirable architectural characteristics such as arcades, barrel tile roofs, columns, score lines, and diamond accent markings. The applicant and staff worked together to incorporate design elements that would increase compatibility between the proposed building and neighboring commercial buildings (excluding Bedding Barn). The elevation page (sheet A3.:L) shows decorative diamonds have been incorporated into all building facades, except the rear (north) fa~;ade. A note on the elevation page indicates that the proposed accent features include medallions (diamonds) made by Pineapple Grove Designs. These terracotta colored accent medallions would feature a "compass" pictogram, as depicted on the colored rendering. According to the "exterior finish color schedule" shown on sheet A3.:t, the entire building would be light yellow / cream. In particular, the cornice would be Senergy #330 - Ultra White with Classic Texture, the Exterior 1;nsulating Finish System (EIFS) would be #3050 - Nougat with Classic Texture, and the metal doors and frames, ladders, downspouts, and scuppers would be #3068 - Birch. The front fac;ade would also be enhanced with an arcade, columns, and three (3) decorative towers. Each end of the building would have a decorative tower 25 feet in height, while the middle tower would be three (3) feet taller (28 feet). The elevations show that the decorative towers would have clay tile roof shingles. However, this type of roof material would be incompatible with roof material on buildings on adjacent properties. Therefore, staff recommends that the roof material of the proposed decorative towers be changed from clay tile to S-tile in order to match ABC Fine Wine and Spirits, Applebee's, or Southtrust Bank (see Exhibit"C" - Conditions of Approval). The east decorative tower would be "bumped-out" in order to extend the arcade from the front of the building to the side. This "bump-out" and arcade would lend itself a more attractive appearance from both Winchester Park Boulevard and Boynton Beach Boulevard. The "bump-out" should be shown on the site plan as well (see Exhibit "C" - Conditions of Approval). Staff endorses the architectural enhancements shown on the elevation drawing. The elevation page (sheet A3.:L) shows the general location of the wall signs. A note indicates that each tenant shall have one and one-half (:t-1/2) square feet of sign area for each linear foot of building frontage. According to the dimensions on the floor plan, the cumulative wall sign area would be 432 square feet. The proposed signage area would comply with the maximum allowable wall signage area permitted by the Land Development Regulations. The note also indicates that Staff Report - Winchester Commons (NWSP 03-012) Memorandum No PZ 03-197 Page 5 the sign(s) would contain channel lettering and colors that would be limited to red, blue, black, and white. This would be consistent with Chapter 9, Section 10.I. of the Land Development Regulations. Signs, in general, shall be designed and treated as part of the architecture of the building. They are formally evaluated during the site plan review process. However, the proposed elevations fail to show the size of each tenant sign and their respective fonts. All signage is subject to review and approval of the Planning & DevelopmentBoard and City Commission. At minimum, the elevations (sheet A3.1) shall indicate the exact location of the proposed wall signs, including their dimensions, sign type, and letter colors. This lack of detail in the plans would allow for all shapes and sizes of wall signs, which could potentially result in a chaotic-looking sign program and fa(;ade. Obviously, larger tenants should have larger signs and smaller tenants should have smaller signs. However, there needs to be some balance and consistency among the wall signs, of which, the elevations simply do not illustrate. Furthermore, more detail must be provided. Staff's goal is not to regulate the content of the sign but rather to ensure compliance with code and to maximize sign aesthetics thereby preventing project signage from degrading the development's appearance. Therefore, staff recommends that the wall signage area be consistent with each other in terms of their shapes and sizes; preferably two (2) wall sign sizes. These two sizes should be proportional to the tenant space. For example, a larger size sign should be allowed for the larger size tenant while a smaller size sign should be permitted for the smaller tenant (see Exhibit "C" - Conditions of Approval). Two (2) pylon signs are proposed. The site plan shows that one is proposed along Boynton Beach Boulevard and the other, along Winchester Park Boulevard. Each of these freestanding signs must be located at least l0 feet from the property line (see Exhibit "C" - Conditions of Approval). The sign elevation shows that the proposed pylon sign would be 20 feet tall and the signage area would be a 160 square feet in area. The plan also shows that it would be double-faced, illuminated, and would include the project address. The structure would have a simulated smooth stucco finish. The aesthetic quality of a building or an entire area is affected by how harmonious the project signage is with the project and adjacent surroundings. There are certain considerations that must be met and are therefore subject to review by the Planning and Development Board and City Commission. For example, all freestanding signs that have been approved within the last few years have all been of the "monument" variety. The "pylon" element of the proposed structures is entirely incompatible and atypical of all recently approved freestanding signs. Therefore, staff recommends that the style of the freestanding signs be converted from the "pylon" variety to the "monument" style. Staff also has concerns regarding the height of the freestanding signs. Within the past few years, all approved monument signs throughout the City have been reduced in height from the maximum allowed of 20 feet. For example, several office complexes such as the Corrina Collin Center and the Medical Arts Professional Center were approved with small monument signs (6 feet and under). However, most stand alone commercial and retail buildings such asKrispy Kreme, Mobil on the Run, Victoria's Closet, and Lighthouse Academy were approved with eight (8)- foot tall monument signs. Furthermore, the Staples project, which included several attached commercial bays, was approved with a seven (7)-foot tall monument sign. Staff Report - Winchester Commons (NWSP 03-012) ,, Memorandum No PZ 03-197 Page 6 The Woolbright Plaza project, which included a four (4) -story office building and a Walgreens store with attached commercial bays, was approved with two (2) ~.2- foot tall monument signs. Therefore, consistent with other approvals, staff recommends not only converting style of the structures from "pylon" to "monument" but also to reduce the overall height of the structures to no more than :~2 feet (see Exhibit "C" - Conditions of Approval). The recommended signage would be both compatible with adjacent signage and proportional to this relatively small plaza, which has excellent exposure and visibility from both Boynton Beach Boulevard and Winchester Park Boulevard. RECOMMENDATION: The Technical Review Committee CTRC) has reviewed this request for new site plan approval and is recommending approval contingent upon satisfying 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:\Ptanning\Shared\Wp\Projects\Winchester Commons~Staff Report.doc Location Map Winchester Commons EXHIBIT "A" OLD BOYNT©N Rt"") PCD c~ 800 Feet N EXHIBIT "B" il I~l il Ii Jill I1' .i; ,, ,. , ,l, il.~l ~,~Id'/ Il JtlJJ I ii I~ J'llJJ, JlJ~Jj II!i.ll'll'lllll Jljll ii, ill l iii./ ..-.! i! It II 11 il ~:ll ,I., il lll[.ll ,'il ii 'H I l! ~ i!l III: ii .:! ~i! l!,~i "!I I ii ,, I, 1,.,ti ,i Ill [ i,, IIII ~. ~t , II J EXHIBIT "B" i' EXHIBIT "B" I I : I ; I I I I EXHIBIT "B" il ~ II I ' I 1,; il i ~[litiIl~!l, ';l!:l!il,, !lll[ll[l , i!i,l i [ !,i ::ilP! il,11i [l:l ~;,'..,. il i~ I!il !!,; .,,,,, ¢1'm ! ~'" J "'"'jj'"' , ' " ~;i fill ,q I , . ,, , ,i lil ~; ! ~[:~ "Jjj ~ :"',!~'; lilt l]ljl llt t j~ij: Iii[ ,,,, ~,,,,,,~J l ii" ,,~ ,,,,,,,, j it jll,!j.t ,'IiiI I!il ",1111 ~,~,. "" ii Exhibit "C" Conditions of Approval Project name: Land Capital Group Boynton Beach, LLC File number: NWSP 03-012 Reference: 2~ t review plans identified as a New Site Plan with a August 5, 2003 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: None X UTILITIES Comments: None X ENGINEERING DMSION Comments: 1. The Engineering Division has found the conceptual information to be X adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review. Comments: None X POLICE Comments: None X BUrl,DING DMSION Comments: 2. Indicate within the site data the type of construction of the/each building as X defined in Chapter 6 of the 2001 FBC. 3. The height and area for buildings or structures of the different types of X construction shall be governed by the intended use or occupancy of the building, and shall not exceed the limits set forth in Table 500 of the 2001 FBC. 4. At time of permit review, provide a completed and executed City Of Boynton X Beach Unity of Title form. The £orm shall describe all lots, parcels or tracts / combined as one lot. A copy of the recorded deed with legal descriptions, of COA 08/25/03 2 DEPARTMENTS INCLUDE REJECT 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. 5. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 6. 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. 7. A water-use permit for the irrigation system is required from the SFWMD. A X copy of the permit shall be submitted at the time of permit application, F.S. 373.216. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: 8. On the landscape plan, the applicant must indicate the existing trees that will X be preserved, relocated and / or removed / replaced on the site. Please use a separate symbol to identify these trees. At the time of permitting, a cross- section detail must be provided that illustrates how the proposed landscape buffers would effectively screen the parking lots adjacent to rights-of-way (Chapter 7.5, Article II Section 7.C.). 9. All newly installed trees listed on the Master Plant List must be listed in the X specifications as a minimum of 12'-14' height, 3" caliper at DBH (4.5' off the ground), and Florida #1 (Florida Grades and Standards manual) (Chapter 7.5, Article II, Section 5.C. 2.). 10. There is no irrigation system design included with the site plans (Chapter 7.5, X Article II Section 5A.). 11. Turf and landscape (bedding plants) areas should be designed on separate X zones and time duration for water conservation (Chapter 7.5, Article II Section 5. C.2.). PLANNING AND ZONING Comments: 12. The Palm Beach County Traffic Division shall approve the traffic impact X analysis (Chapter 4. Section 8.F.). COA 08/25/03 3 DEPARTM~ENTS INCLUDE REJECT 13. The site plan should show supporting columns of the "bumped-out" X decorative tower proposed on the east corner of the buildin§. 14. The landscape buffers along the rights-of-way (Boynton Beach Boulevard and X Winchester Park Boulevard) must contain a combination of colorful groundcover plants and a minimum of two (2) colorful shrub species, which will function as a continuous hedge (Chapter 7.5, Article II, Section 5.D.). 15. The signature trees must have 6 feet of clear trunk if placed within the safe- X sight triangle (Chapter 7.5, Article II, Section 5.N.). Alternative plant material may be substituted if the above referenced plant material is not available or undesired. Any substitution of plant material (for the signature tree requirement) will be subject to the City Landscaper / Environmentalist review and approval. 16. All shrubs and hedges are required to be at minimum 24 inches in height, 24 X inches in spread, and planted with tip-to-tip spacing measured immediately after planting to adequately cover the planted areas on the site (Chapter 7.5, Article II, Section 5.C.4.). 17. The detail of the typical freestanding outdoor lighting fixture should include X the overall height, exterior finish and color(s). The design, style, and illumination level shall be compatible with the building design (height) and shall consider safety, function, and aesthetic value (Chapter 9, Section ~0.F.1.). 18. All signage is subject to review and approval of the Planning & Development X Board and City Commission. The elevations (sheet A3.1) shall indicate the location of the proposed wall signs, including their dimensions, sign type, and letter colors. The cumulative area for all wall signs shall be in compliance with Chapter 21, Article IV, Section 3.C. 19. Staff recommends reducing the height of the proposed freestanding signs X from 20 feet to no more than 12 feet. 20. The freestanding signs must be located at least 10 feet from the property lines X (Chapter 21, Article III, Section 5). 21. Staff recommends that the wall signage area be consistent with each other in X terms of their shapes and sizes. Staff recommends two (2) wall sign sizes. The applicant may choose the two sizes as long as cumulatively, it would not exceed the maximum wall sign area allowed per Chapter 21, Article IV, Section 3.C and is proportional or in scale with the facade. 22. Staff recommends that the roofing material on the decorative towers match X the S-tile roof of either ABC Fine Wine and Spirits, Applebee' s, or Southtrust Bank. , COA 08/27/03 3 DEPARTMENTS iNCLUDE REJECT 13. The site plan should show supporting columns of the "bumped-out" X decorative tower proposed on the east corner of the building. 14. The landscape buffers along the fights-of-way (Boynton Beach Boulevard and X Winchester Park Boulevard) must contain a combination of colorful groundcover plants and a minimum of two (2) colorful shrub species, which will function as a continuous hedge (Chapter 7.5, Article II, Section 5.D.). 15. The signature trees must have 6 feet of clear trunk if placed within the safe- X sight triangle (Chapter 7.5, Article II, Section 5.N.). Alternative plant material may be substituted if the above referenced plant material is not available or undesired. Any substitution of plant material (for the signature tree requirement) will be subject to the City Landscaper / Environmentalist review and approval. 16. All shrubs and hedges are required to be at minimum 24 inches in height, 24 X inches in spread, and planted with tip-to-tip spacing measured immediately after planting to adequately cover the planted areas on the site (Chapter 7.5, Article II, Section 5.C.4.). 17. The detail of the typical freestanding outdoor lighting fixture should include X the overall height, exterior finish and color(s). The design, style, and illumination level shall be compatible with the building design (height) and shall consider safety, function, and aesthetic value (Chapter 9, Section ~0.F.~.). 18. All signage is subject to review and approval of the Planning & Development X Board and City Commission. The elevations (sheet A3.1) shall indicate the location of the proposed wall signs, including their dimensions, sign type, and letter colors. The cumulative area for all wall signs shall be in compliance with Chapter 21, Article W, Section 3.C. 19. Staff recommends reducing the height of the proposed freestanding signs X from 20 feet to no more than 12 feet. 20. The freestanding signs must be located at least 10 feet from the property lines X (Chapter 21, Article I/I, Section 5). 21. Staff recommends that the wall signage area be consistent with each other in X terms of their shapes and sizes. Staff recommends two (2) wall sign sizes. The applicant may choose the two sizes as long as cumulatively, it would not exceed the maximum wall sign area allowed per Chapter 21, Article W, Section 3.C and is proportional or in scale with the faqade. 22. Staff recommends that the roofing material on the decorative towers match X the S-tile roof of either ABC Fine Wine and Spirits, Applebee's, or Southtrust Bank. COA 08/27/03 4 DEPARTMENTS INCLUDE REJECT 23. Staff recommends removing the two (2) billboards (pursuant to the Chapter X 21, Section 7 of the Land Development Regulations) and the barbed-wire fence. ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS: Comments: 24. Replace condition #23 with the following requirement: The two existing X billboards shall be removed pursuant to Chapter 21, Section 7 of the Land Development Regulations, as well as the barbed-wire fence, as part of project development. 25. Replace Condition #19 with the following requirement: Staff recommends reducing the height of the proposed freestanding monument signs from 20 X feet to more than 12 feet. Also, the project address and project name should be included near the top of the sign. ADDITIONAL CITY COMMISSION COMMENTS: Comments: 25. To be determined ELJ S:\Plan ning\Shared\W p\Projects\Winchester Commons\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME ' Winchester Commons APPLICANT'S AGENT: Mr. Chris Ralph, P.E. - Kimley-Horn & Associates, Inc. APPLICANT'S ADDRESS: 601 21st Street, Suite 400, Vero Beach, FL 32960 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 2, 2003 TYPE OF RELIEF SOUGHT:Site plan approval for the construction of a 21,600 square foot commercial plaza on 2.4 acres. LOCATION OF PROPERTY: Northwest corner of Boynton Beach Boulevard and Winchester Park Boulevard DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of headng stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 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". 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. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: J:\SHRDATA\Planning~SHARED\WFAFORMS\Blanks fo~ms folcler~Oevetop.Ordef Fon'n-2001-Revised.doc City Clerk V.-CONSENT AGENDA CITY OF BOYNTON BEACi ITEH D.5 AGENDA ITEM REQUEST Requested City Commission Meeting Dates [] August 5,2003 [] August 19, 2003 [] September 2, 2003 [] September 16, 2003 NATURE OF AGENDA ITEM Date Final Form Must be Turned in to CiW Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to CiB' Clerk's Office July 14, 2003 (Noon.) [] October 7, 2003 August 4, 2003 (Noon) [] October 21, 2003 August 18, 2003 (Noon) [] November 5, 2003 September 2, 2003 (Noon) [] November 18, 2003 September 15, 2003 (Noon) October 6, 2003 (Noon) [] Admimsuafive [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business October 20, 2003 (Noon) C TM '-~ ~.-~. 2003 (NoonC'T~ .2~ -< November 3, ~ RECOMMENDATION: Please place this request on the September 2, 2003 City Commission Agenda under Consent Agenda. The Planning and Development Board with a unanimous vote, recommended that the subject request be approved, subject to modification of condition #2 to allow reconsideration of requirement for water tie-in loop, and additional conditions relative to a buffer wall and relocation of proposed irrigation well pump (from southwest comer). For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-199. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: St, Gregory's Armenian Church (NWSP 03-013) Dale Meaux, Architect, API Group, Inc. The Armenian Cultural Association South side of Boynton Beach Boulevard approximately 300 feet west of SW 8th Street Request for site plan approval for a one (1) story, 23,475 square foot church on 2.5-acre lot in the R-IAA zoning district. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: A~ff N/A Developm [~epa~[ . , City Manager's Signature Planning and~oni~g/~f~t~' City Attorney / Finance / Human Resources S:~PlanningXSHARED\WP~PROJECTSXSt. Gregory's Armenian ChurchXAgenda Item Request St. Gregory's Armenian Church NWSP 03-013 9-2-03.dot S:~BULLETIN~FORMSXAGENDA ITEM REQUEST FORM.DOC TO: DEVELOPMENT DEPARTMENT PLANN~[NG AND ZONZNG DZVZSI'ON MEMORANDUM NO. PZ 03-199 STAFF REPORT Chairman and Members Planning and Development Board and City Commission THRU: Michael Rumpf Planning and Zoning Director FROM: Eric Lee Johnson, AICP ~' Planner DATE: PROJECT NAME/NO: REQUEST: August 15, 2003 St. Gregory Armenian Apostolic Church / NWSP 03-013 New Site Plan Property Owner: Applicant: Agent: Location: Existing Land Use/Zoning: Proposed Land Use/Zoning: Proposed Use: Acreage: Adjacent Uses: North: South: PROJECT DESCI~PT~ON The Armenian Cultural Association Dale Meaux with AP:[ Group, :[ncorporated Dale Meaux with AP:[ Group, l~ncorporated South side of Boynton Beach Boulevard, approximately 300 feet west of Northwest 8m Street (see Exhibit"A"- Location Map) Moderate Density Residential (MoDR) / Single-family Residential (R-l-AA) No change proposed Request site plan approval for a one-story 23,475 square foot church on a 2.5-acre lot in the R-l-AA zoning district 108,900 square feet (2.5 acres) Right-of-way for Boynton Beach Boulevard, farther north is an apartment complex with a High Density Residential (HDR) land use designation, zoned Multi-family Residential (R-3); City owned vacant property with a Moderate Density Residential (MoDR) land use designation, zoned Single-family Residential (R-i-AA); Staff Report - St. Gregory Armenian Church (NWSP 03-0-13) Memorandum No PZ 05-199 Page 2 East: West: Project size: Site Characteristic: Proposal: Concurrency: Traffic: Drainage: Dual-zoning districts: Developed commercial with a Local Retail Commercial (LRC) land use designation, zoned Neighborhood Commercial (C-2); Low Density Residential (LDR) land use designation, zoned Single-family Residential (R-l-A); and Developed single-family residential homes (Palm Beach Leisureville) with a Moderate Density Residential (MoDR) land use designation, zoned Single Family Residential (R-I-AA). Phase I: Phase II: Phase III: Tota I: 6,164 square feet 8,159 square feet 9,152 square feet 23,475 square feet (162 seats) The subject parcel is comprised of two (2) rectangular-shaped lots located on the south side of Boynton Beach Boulevard. According to the survey, the site contains a dense number of exotic plant materials, including Melaleuca and Brazilian Pepper trees. It also contains a large Strangler Fig near the southwest comer of the property and several unidentified palm trees. According to the survey, both Northwest 1~ Street and West Ocean Avenue terminate at the subject parcel. The developer intends to connect to Northwest 1~t Street but not to West Ocean Avenue. The survey shows that the highest elevation is 14.8 feet above sea level, located near the northwest corner of the site. BACKGROUND Mr. Dale Meaux of API Group, Incorporated, proposes to construct a 162 seat church. The project would be built throughout three (3) phases. The first and second phases deal with initial construction and expansion of the church itself, while the third phase deals only with the indoor recreation courts. The applicant has indicated to staff that construction of the third phase would be feasible contingent upon an increase in church membership. ANALYSt'S A traffic impact statement for this project was submitted and sent to the Palm Beach County Traffic Division for their review and approval. The Palm Beach County Traffic Division determined that the project meets the Traffic Performance Standards of Palm Beach County for a 14,405 square foot church. However, the phase III indoor recreation courts must also be included in the traffic impact statement. No building permits can be issued until this requirement is satisfied (see Exhibit "C" - Conditions of Approval). Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information for the right-of-way and the subject property to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review. All South Florida Staff Report - St. Gregory Armenian Church (NWSP 03-0-13) Memorandum No PZ 03-199 Page 3 School: Driveways: Parking Facility: Landscaping: Water Nanagement District permits and other drainage related permits must be submitted at time of building permit (see Exhibit"C" - Conditions of Approval). The landscape plan (sheet L-l) shows that the dry retention areas would occur at the rear (south end) of the property. This project is exempt from the school concurrency requirements of Palm Beach County. The subject property fronts on Boynton Beach Boulevard. One (1) point of ingress / egress is proposed on Boynton Beach Boulevard and the other, on Northwest Ist Avenue. The opening on Boynton Beach Boulevard would be 37 feet in width and the second (on Northwest ist Avenue) would be 20 feet - two (2) inches in width. Both openings / entrances have been reviewed and approved by the Engineering Division of Public Works. The location of the entrances was determined to be in the optimal locations to allow for emergency and / or service vehicle ingress / egress. Both entrances will have adequate pavement markings and appropriate signage for safety purposes. Parking required for a place of worship is based on either one (1) parking space per 100 square feet of gross floor area or one (1) space per four (4) seats in the auditorium, whichever is more stringent. The more restrictive parking methodology will be based upon the total number of seats and accessory uses. A total of 104 parking spaces will be required for the project (including office, meeting hall, classroom, and indoor recreation areas). The proposed site plan provides a total of 105 parking spaces. The parking lot would surround the church building (Phase 1~ and I1~) on all four sides. These parking areas would either be angled or 90 degree spaces. Of the 105 parking spaces, five (5) spaces are designated for handicap use. All handicap spaces would be situated in close proximity to the building entrances in order to satisfy American with Disabilities Act (ADA) requirements. Also, it should be noted that 35 of the 105 spaces would be grass / stabilized sod type of spaces, which is permitted by the Land Development Regulations. The dimensions of all the 90 degree parking spaces would be nine (9) feet - six (6) inches in width by 18 feet - six (6) inches in length. Some spaces however, would be 16 feet - six (6) inches in length with a two (2)-foot overhang. The handicap spaces would be dimensioned 12 feet in width (with 5 feet of striping) by 18 feet in length. According to the site plan, the backup distance for the 90 degree parking spaces and drive aisles would be 25 feet in width, except behind the angled parking areas (1-way drive); 20 feet in width as required by code. The proposed pervious or "green" area of the lot would be 51,822 square feet or 47.5% of the total site. The landscape plan tabular data (sheet L-la) indicates that 84 trees and 1,354 shrubs are required and 87 trees and over 1,458 shrubs have been provided. The north landscape buffer (adjacent to Boynton Bach Boulevard) would be at least 10 feet in width at its narrowest point. The landscape plan (sheet L-l) shows that this front landscape buffer would contain two (2) Pidgeon Plum and four (4) Orange Geiger shade trees and six (6) Washingtonia palm trees. l~t would also contain a continuous row of Redtip Cocoplum hedges and other groundcover. Although not labeled, it appears that a dry retention area is also Staff Report - St. Gregory Armenian Church (NWSP 03-0-13) Memorandum No PZ 03-199 Page 4 Building and Site: Design: Signage: proposed within this buffer. The west (side) landscape buffer (adjacent to Palm Beach Leisureville) would be seven (7) feet in width. The landscape plan (sheet L- 1) proposes 12 Orange Geiger and six (6) Silver Buttonwood trees within this buffer. The buffer would also include a continuous uninterrupted row of Redtip Cocoplum hedges. The east (side) landscape buffer would be five (5) feet in width. The angled sod parking spaces would not encroach into the required buffer. This buffer would contain five (5) Silver Buttonwood, three (3) Orange Geiger, and six (6) Gumbo Limbo shade trees with seven (7) Washingtonia palm trees. Similar to the other buffers, it would contain a continuous Redtip Cocoplum hedge. The rear (south) landscape buffer would be 25 feet in width. This buffer would contain sod, a row of Gumbo Limbo shade trees and hedges to be installed at the base. Building and site regulations will be fully met when staff comments are incorporated into the permit drawings. The proposed one-story church building would be 25 feet - six (6) inches in height, except for the spire and top of the cross, which would be 52 feet- eight (8) inches in height. The maximum allowed height in the R-1AA zoning district is 30 feet. The church building would comply with the height limitations but the steeple would not. However, the developer is eligible and is requesting a height exception (HTEX 03-005) for the portions of the building that exceeds this maximum height limitation. Therefore, approval of this site plan is contingent upon the granting of the accompanying request for height exception (see Exhibit"C'- Conditions of Approval). The floor plan (sheet SPA-4) shows that the Phase ! portion of the building footprint would be 6,164 square feet and the Phase 1! portion would be 8,159 square feet in area for a total of 14,323 square feet. The elevation (sheet SPA-5) provides an illustration of the building facades at the completion of Phase ! but prior to Phase !!. !t shows that the north fa(;ade (facing Boynton Beach Boulevard) would have an entry door during this interim time between phases. The elevation drawings (sheet SPA-3) show that the building would be designed with a Spanish-Nediterranean / Armenian architectural style. The exterior finish would be stucco and painted two tones of white, namely, Benjamin Moore "Brilliant White" and Benjamin IVloore "Navajo White". The "Navajo White" is slightly darker in color and would be strategically painted along the building base because that is where the accumulation of dirt tends to occur. The roof material would be Spanish "S-tiles" (Duralite Villa) made by IVlonier. Building accents would include molding / stucco bands around along the building base and windows. No wall signage is proposed. One (1) monument sign is proposed along Boynton Beach Boulevard. The sign would be setback at least l0 feet from the property line. The elevations (sheet SPA-5) show that the sign would be five (5) feet- eight (8) inches in height and eight (8) feet - four (4) inches in width. The top of the sign would show the address. The detail shows that the letters would range from six (6) inches to eight (8) inches and the style would be "Baskerville Oldface". No letter colors were provided. Staff Report - St. Gregory Armenian Church (NWSP 03-0-13) Memorandum No PZ 03-199 Page 5 REi~OM f4EN DATZON: The Technical Review Committee CTRC) has reviewed this request for new site plan approval. Staff recommends approval, contingent upon all comments indicated in Exhibit "C" - Conditions of Approval. The Technical Review Committee CTRC) recommends that the deficiencies identified in this exhibit be corrected on the set of plans submitted for building permit. Also, any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\Shared\Wp\Projects\St. Gregory's Armenian Church\Staff Report.doc Location Map Saint Gregory Armenian Church EXHIBIT "A" R3 REC 400 400 Feet I 4 FXHIBIT "B" L, ii !i ,1 J EXHiBiT PAVING / DRAiNAGE SAINT GREGORY ARMENIAN CHURCH COMMUNITY CENTER EXHIBIT "B" SAINT GREGORY ARMENIAN CHURCH P.E. EXHIBIT "B" ,/ EXHIBIT "B" I I EXHIBIT "B" EXHIBIT "B" , ,,: ::.:, ,1! :,::I Il ii ii EXHIBIT "B" O~ ~ o~ 'il' '" { EXHIBIT "B" FRONT ELEVATION SIDE ELEVATION COLOR LEGEND "rA~lCOLOR N~V,~O ~J-IITE APl GROUP, INC. 111 BA8T PALMBTTO PARK RD BOCA BATON - FLOIIIDA S8482 PHONIr : (561) ~92 -- 7120 FAX : (561) 392 -- 7502 MONUMENTAL SIGN ELEVATION SAINT GREGORY ARMENIAN CHURCH WEST BOYNTON BEACH BOULEVARD BOYNTON BEACH, FLORIDA A~ 7, 2O03 EXHIBIT "C" Conditions of Approval Project name: St. Gregory's Armenian Church File number: NWSP 03-013 Reference: 3~a review plans identified as a New Site Plan with an August 12, 2003 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: 1. A minimum dumpster pad is required measuring 10 feet x 10 feet (inside X dimension including gates). (Chapter 7.5, Article II, Section 5.J. and Article III, section 9.A.9.a.). PUBLIC WORKS - Traffic Comments: None X UTILITIES Comments: 2. Provide a second water main tie-in (loop) to the water main on West Ocean X Drive. ENGINEERING DIVISION Comments: 3. City standards require at least one point of legal, positive outfall to convey all X stormwater discharge from the development. 4. Full drainage plans, including drainage calculations, in accordance with X Chapter 6, Article IV, Section 5 will be required at the time of permitting. 5. Specify storm sewer diameters, inlets types, etc. on drainage plan. Indicate X grate, rim and invert elevations for all structures. Indicate grade of storm sewer se~nents. Indicate material specifications for storm sewer. 6. Specify FDOT Type "D" curb rather than the modified proposed curb. X 7. In the "Typical Pavement Section" detail, specify the asphalt to be placed in X two lifts. 8. Northwest 1st is incorrectly shown as "Street" on the survey. Please correct to X Northwest 1st Avenue. FIRE COA 08/25/03 2 DEPARTMENTS INCLUDE REJECT Comments: None X POLICE Comments: None X BUILDING DMSION Comments: 9. Buildings, structures and parts thereof shall be designed to withstand the X minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of Chapter 6 of ASCE 7, and the provisions of Section 1606 (Wind Loads) of the 2001 FBC. Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of permit application. Include ligvht poles on sheet SPA-2. 10. Every building and structure shall be of sufficient strength to support the X loads and forces encountered per the 2001 FBC, Section 1601.2.1 and Table 1604.1. Indicate the live load ~sf) on the plans for the building design. 11. At time of permit review, provide a completed and executed CBB Unity of X 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. 12. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 13. According to the CBBCPP 3C3.4, the City shall continue to encourage the X use of non-potable water for landscape irrigation. An alternate water source other than city water shall be utilized for the irrigation system. 14. A water-use permit for the irrigation system is required from the SFWMD. A X copy of the permit shall be submitted at the time of permit application, F.S. 373.216. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING ANq) ZONING COA 08/27/03 3 DEPARTMENTS INCLUDE REJECT Comments: 15. Prior to the issuance of a building permit, the project must receive approval X from the Palm Beach County Traffic Division for the construction of a church and ancillary facilities for a total of 23,475 square feet. The above referenced building area would include the Phase III Indoor Athletic Courts. 16. Approval of the site plan is contingent upon the approval of the X accompanying request for a height exception (HTEX 03-005). 17. Prior to the issuance of a building permit, provide elevations of the indoor X athletic courts. Staff recommends that the exterior finish and building colors match that of the church building. ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS: Comments: 18. The developer shall provide a C.B.S. wall four (4) feet - six (6) inches in X height along the west property line (abutting Leisureville). This wall shall be constructed prior to the issuance of a certificate of occupancy for Phase I. 19. The developer shall work with staff to relocate the irrigation pump away from X the southwest comer of the project and adjacent homes in Leisureville, possibly near the west faqade of the Phase III Indoor Recreation Court building. 20. Replace condition #2 with the following condition: Provide a second water X main tie-in (loop) to the water main on West Ocean Drive unless required otherwise by utility Department staff. ADDITIONAL CITY COMMISSION COMMENTS: Comments: 21. To be determined. MWR/elj S:\Planning\Shared\Wp\Projects\St. Gregory's Armenian Church\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: St. Gregory Armenian Apostolic Church APPLICANT'S AGENT: Mr. Dale Meaux, Architect - APl Group, Inc. APPLICANT'S ADDRESS: 111 East Palmetto Park Road, Boca Raton, FL 33432 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 2, 2003 TYPE OF RELIEF SOUGHT: Request site plan approval for the construction of a one (1) story, 23,475 square foot church (162 seats) LOCATION OF PROPERTY: South side of Boynton Beach Boulevard, west of Northwest 8th Street DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\Shared\Wp\pro,~ects\St. Gregory's Armenian Church\DO.doc V.-CONSENT AGENDA ITEl4 D.6 CITY OF BOYNTON BEA AGENDA ITEM REQUEST 'tSmVl Requested City Commission Meeting Dates [] August 5, 2003 [] August 19, 2003 [] September 2, 2003 [] September 16, 2003 NATURE OF AGENDA ITEM Date Final Form Must be Turned in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) August 4, 2003 (Noon) [] October 21,2003 October 6, 2003 (Noon) August 18, 2003 (Noon) I I November 5, 2003 October 20, 2003 (N~) ~--< September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (Nt~) [] Administrative [] Legal [] Announcement [] New Business .~. --~.~ [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unf'mished Business RECOMMENDATION: Please place this request on the September 2, 2003 City Commission Agenda under Consent Agenda. The Planning and Development Board with a unanimous vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-201. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: St. Gregory's Armenian Church (HTEX 03-005) Dale Meaux, Architect, API Group, Inc. The Armenian Cultural Association South side of Boynton Beach Boulevard approximately 300 feet west of SW 8t~ Street Request for a height exception of 22 feet-eight inches pursuant to the City's Land Development Regulations, Chapter 2, Zoning, Section 4.F.2., to allow the top of the church spire to be 52 feet-eight inches in height in lieu of the 30-foot maximum height allowed in the R1-AA zoning district. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVE~ N/A Deviefol~ent Bepartm~nt D~rector City Manager's Signature Planning an~t Zoning 12~:~-~ City Attorney / Finance / Human Resources S:~Planning~SHARED\WPLPROJECTS~St. Gregory's Armenian Church~ITEX 03-005~Agenda Item Request St. Gregory's Armenian Church HTEX 03-005 9-2-03 .dot S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC TO: TH RU ~ FROM: DATE: PROJECT: REQUEST: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-201 Chairman and Members Planning & Development Board Michael Rumpf Director of Planning and Zoning Eric Lee Johnson, AICP Planner August 19, 2003 St. Gregory Armenian Apostolic Church / HTEX 0:~005 Height Exception Property Owner: Applicant: Agent: Location: Existing Land Use/Zoning: Proposed Land Use/Zoning: Proposed Use: Acreage: Adjacent Uses: North: South: East: West: PROJECT DE$CR:[P'I'~ON The Armenian Cultural Association Mr. Dale Meaux with API Group, Incorporated Mr. Dale Meaux with API Group, Incorporated South side of Boynton Beach Boulevard, west of Northwest 8th Street (see Exhibit "A"- Location Map) Moderate Density Residential (MoDR) / Singlefamily Residential (R-l-AA) No change proposed A one-story 23,475 square foot church, which includes ancillary facilities and an indoor recreation court 108,900 square feet (2.5 acres) Right-of-way for Boynton Beach Boulevard, farther north is an apartment complex with a High Density Residential (HDR) land use designation, zoned Multi-family Residential (R-3); Vacant property with a Moderate Density Residential (MoDR)land use designation, zoned Single-family Residential (R-l-AA); Dual-zoning districts: Developed commercial with a Local Retail Commercial (LRC) land use designation, zoned Neighborhood Commercial (C-2). Also, developed single-family homes with a Low Density Residential (LDR) land use designation, zoned Single-family Residential (R-l-A); and Developed single-family residential homes (Palm Beach Leisureville) with a Moderate Density Residential (MoDR) land use designation, zoned Single Family Residential (R-l-AA). Page 2 Memorandum No. PZ 03-201 BACKGROUND The applicant, Nr. Dale Neaux, submitted a request for new site plan approval for the construction of a three (3)-phase 23,475 square foot (162 seats) church. The total building area would include all ancillary facilities. This application for a height exception accompanies the request for site plan approval (NWSP 03-013). The subject lot is located on the south side of Boynton Beach Boulevard, west of Northwest 8~ Street (see Exhibit"A"- Location Map). The maximum building height in the R-l-AA zoning district is 30 feet. The elevation (see Exhibit"B" - sheet SPA-3) shows that the building would be designed as a one (1_) stow structure and that the height would be 25 feet - six (6) inches, except for the spire and top of the cross, which would be 52 feet- eight (8) inches in height. The decorative cupola (steeple) and any eligible part of the church that exceeds the maximum allowable height of the R-1`-AA zoning district would require approval as a height exception. ANALYSZS Except for within the Central Business District (CBD), Mixed-Use Low (MU-L), and Nixed-Use High (MU-H) zoning districts, the citywide maximum building height is 45 feet. According to Chapter 2, Section 4.F. 1` of the Land Development Regulations, no portion of any structure intended to be utilized for residential, commercial, or industrial purposes within the municipal limits of the City of Boynton Beach, Florida, shall exceed the height of 45 feet. However, the maximum building height in the R-l-AA zoning district is 30 feet. The Land Development Regulations, Chapter 2, Zoning, Section 4.F.3, Height Umitations and Exceptions, also states that in considering an application for an exception to the district height regulation, the City Commission shall make findings indicating the proposed exception has been studied and considered in relation to minimum standards, where applicable. Places of assembly, church spires, domes, and decorative cupolas are architectural elements that are eligible to be considered for height exceptions. Basically, an entire church (place of assembly) could be eligible for a height exception. However, each project is reviewed on a caseby-case basis. According to the elevations (see Exhibit"B" - sheet SPA-3), the church (place of assembly) is proposed at 25 feet - six (6) inches in height, l~n other words, the building is actually proposed to be four (4) feet - six (6) inches below the maximum building height allowed in the R-1`-AA zoning district. However, the mean height of the church spire is proposed at 42 feet - one (1`) inch; the peak, is proposed at 48 feet - six (6) inches in height. Also, the top of the cross is proposed at 52 feet - eight (8) inches in height or 22 feet- eight (8) inches above the maximum allowed in the zoning district. Staff determined that the project meets the intent of all criteria itemized in Chapter 2, Section 4.F.3. The decorative cupola / church spire provides an attractive feature to help interrupt the great expanse of roofline, while representing only a small portion of the entire roofline. The cupola / church spire serves no other project function aside from aesthetic value and appeal. A church spire is a traditional component in the design of most places of worship. When evaluating potential negative impacts, staff is concerned with the distance of the spire to the nearest residentially-zoned property. However, this is not an issue with this project. The site plan (see Exhibit"B" - sheet SPA-1`) shows that the building would be approximately 54 feet away from the west property line (closest residentially-zoned property). The base of the spire / cupola (proposed on the roof) would be an additional 26 feet away from the west property line for a total of approximately 80 feet. Therefore, the spire / cupola would not negatively impact adjacent properties in terms of reducing light or air. The property directly to the east is zoned Neighborhood Commercial (C-2). Granting of this height exception does not constitute a special privilege to the current property owner. Staff feels that the decorative cupola / church spire would enhance the overall project dynamic and its exclusion would be detrimental to the design. Page 3 Memorandum No. PZ 03-201 RECOMMENDATZON Based on the analysis contained herein, staff recommends that this request for a height exception of 22 feet - eight (8) inches be approved for the church spire / decorative cupola. No conditions of approval are recommended; however, any conditions of approval recommended by the Board or required by the City Commission will be placed in Exhibit "C"- Conditions of Approval. S:\Planning\Sharecl\Wp\Projects\SL Gregory's Armenian Church\HTEX 03-O05'~Staff ReporLdoc Location Map Saint Gregory Armenian Church EXHIBIT "A" R3 REC 4O0 0 400 Feet N EXHIBIT "B" 4 i I EXHIBIT "C" Conditions of A roval Project name: St. Gregory's Armenian Apostolic Church File number: HTEX 03-005 Reference: Elevation drawings with a June 18, 2003 date stamp marking. DEPARTMENTS I INCLUDE REJECT PUBLIC WORKS Comments: None X UTILITIES Comments: None X Comments: None X POLICE Comments: None X ENGINEERING DMSION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTERfENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 2. To bc determined. S:~Planning~Shated~Wp~Projects~St Gregory's Armenian ChurchXHTEX 03-005XCOA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: St. Gregory Armenian Apostolic Church APPLICANT'S AGENT: Mr. Dale Meaux- APl Group, Incorporated APPLICANT'S ADDRESS: 111 East Palmetto Park Road, Boca Raton, FL 33432 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 2, 2003 TYPE OF RELIEF SOUGHT: Height Exception LOCATION OF PROPERTY: South of Boynton Beach Boulevard, west of Northwest 8ths Strret DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\St. Gregory's Armenian Church\HTEX 03-005\DO.doc V.-CONSENT AGENDA CITY OF BOYNTON BEA¢ ITEM F. AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Meeting Dates in to CiW Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to CiW Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) ~ August 19, 2003 XSeptember 2, 2003 [] September 16, 2003 NATURE OF AGENDA ITEM August 4, 2003 (Noon) August 18, 2003 (Noon) September 2, 2003 (Noon) [] October 21, 2003 October 6, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noon) [] November 18, 2003 [] Administrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unf'mished Business November 3, 2003 (Noon) RECOMMENDATION: Approval of a request from the Good Shepherd Summer Camp for a donation of $2,000.00 from the Law Enforcement Trust Fund account. EXPLANATION: The Good Shepherd Summer Camp program conducted at Forest Park Elementary School, serves the Haitian community by providing a six-week program of activities and instruction designed to promote self-esteem, drug awareness and conflict resolution among children of immigrant families. The Camp has requested a donation of $2,000.00. PROGRAM IMPACT: The Good Shepherd Summer Camp provides a desirable service to the Haitian Community which should have a positive impact on the development of children and the community overall. FISCAL IMPACT: There are presently sufficient funds in the Law Enforcement Trust Account to accommodate this request. ALTERNATIVES: Deny,the request for funding. Department Head's Signature Department Name Ci'[y- Manager's Signature City Attorney / Finance / Human Resources S:',BULLETIN~FORMSL~GENDA ITEM REQUEST FORM.DOC August 4, 2003 Chief Marshall Gage Police Department 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33425 Dear Chief Gage, This letter should serve as a follow-up to our conversation this aftemoon regarding our summer program at Forest Park Elementary School in Boynton Beach. A portion of our program dealt specifically with crime prevention and drug education. More than forty kids learned about ways to stay away fi.om those things that do not contribute to positive well-being. I am attaching a copy of our 501©(3) for your records. We appreciate your consideration to use funds fi.om your Department for our program. The program is in keeping with our community's desire to create a good place for our children in Boynton Beach. We appreciate your help with our program. ' Respectfully yours, Canteste Succe oration J Project Coordinator Good Shepherd Summer Camp at Forest Park Elementary School Boynton Beach, FL Monday- Thursday 11:00a.m-4:30 p.m. June 2003- July 31, 2003 Calendar A six week program "Coming together for everyone" In corporation with the City of Boynton Beach Retha Lowe Project Coordinator/Acting Director Caneste Succe Outreach Coordinator Good Shepherd Humanitarian Corporation Caneste Succe City of Boy'nton Beach 100 East Boynton Beach Blvd P.O. Box 310 Boynton Beach, FL 33425-0310 Dear Dan DeCarb, We would like to request 2000 dollars fi.om your budget account to compensate five people who are helping in our first summer camp, which is sponsored by the City. of Boynton Beach. This camp is held Monday thru Thursday at Forest Park Elementary School from 11:00- 4:30 p.m. The enrollment for the camp is 40 children from ages 5-15 .vrs old. Th/s is a six-week program. Hopefully next year we will have the pro.re'am for thr~ months and more children because we have found out that this .type of pro.m-am is needed to keep the children busy. and off.the streets. This camp has served 35 Haitian families and 45 children. We appreciate all the help that the City. of Boynton Beach has g/ven to us to start this vezz's cmnnp. Withom yo'ur ass/sra':ce we could not haYe held this camp. We have five staff personnel, four counselors, and Retha Lowe who is acting as a temporary, director for the camp. The camp will end July 31,2003. Thank you for your assistance Retha Lowe Acting Director Good Shepherd Summer Camp June 16 2003- July 31 2003 Calendar Curriculum Goals Monday Goal One: Create a safe a place; and learn respect for one another Morning Art Activity Goal Two: Learn Skills of positive communication Goal Three: Learn Skills of Cooperation Tuesday Goal Four: Morning Art Activity Sessions Afternoon Art Activities Wednesday Goal Five: Group Awareness (Raise Self-Esteem) Dialogue about Race & Culture Afternoon Art Activities Thursday Goal Six: Learn Skills of Peaceful Conflict Resolution Afternoon Writing Activities Session * These weekly activities are followed daily through July 30th* Wednesday July 30t~ Evenine 6:00p.m. Welcome Reception 7:00p.m. Variety Showcase Kids 7:30p.m. Graduation Ceremony 8:00p.m Time to go home Thursday July 31*t End of camp field trip to West Palm Beach Library and Water Fountain Summer Camp Schedule 11:00-11:15 11:15-11:30 11:30-12:30 12:40:1:30 1:40-3:00 3:00-4:00 4:00-4:30 Roll Call Bathroom Break Lunch First Counsel Group (Ages 5-9) Create A Safe Place Reading safety material Art Activities- Paint, Color, Safety Pictures Second Counsel Group (Ages 10-15) Learn Skills of Cooperation Group Discussion Snack/Movie Outdoor/Indoor Games - Name game Big Wind Blows Dismissal Good Shepherd Summer Camp Compensation Budget This is a six week Program June 16-July 31 Transportation Counselors (3) Acting Director Snacks/Certificates Caneste Succe 300.00 Gregory 500.00 Canette 200.00 Sabine 300.00 Retha Lowe 300.00 (For Children) 200.00 Last Day Field Trip July 31- West Palm Beach Water Fountain Lunch 200.00 Total ........... 2000.00 The City of Bo ]nton Beach NEIGHBORHOOD PROJECT SPECIA LIST OFFICE OF THE ClT-K i"V'fANAGER f O0 E. ~0 YNTON 8~ CH ~OULEYA RD P.O. 80X3~0 80YNTON ~CH. FLORIDA 33~2~03 ~ 0 OFFICE: (5~ 1) 742~028 E-mAIL: DECARLOD~CI. BO YNTON-B~ CH. FL. US ~. CL BO YNTO N-B~ CH. FL. US June 10,2003 Dear Sir or Madam: The City Of Boynton Beach is assisting in sponsoring a summer progam for the Haitian community at Forest Park Elementary School. We have been working ',',,'/th Good Shepherd Humanitarian Corporation and other goups to help to sponsor a summer camp for forty children this summer. This is a collaborative effort with everyone try'lng to do what they can to get several ~oups to work toge[her. We are especially ~ateful/'or the leadership shown by Caneste Succe and the Good Shepherd organization. Attached is the budget that has been prepared/'or the progam at Forest Park. We appreciate your consideration for funding the attached proposal. If' you have any questions, please don!t hesitate to contact me at 561-742-6028. Dan DeCarlo Neighborhood Project Specialist AktERICA fS GA TEY/A Y TO THE GULFSTREAM Retha Low¢ Acting Director Good Shepherd Summer Camp Work Agreement June 16-July 31 June 23-June 26 June 30-July 5 July 7-July 10 July 14-July 17 July 21-July 24 July 28-July 31 We are compensating her with $300.00 due to the fact that this was a six-week trial program. Good Shepherd Summer Camp Work Agreement June 16-July 31 Caneste Succe Bus Driver/Transportation June 16-June 19 20 hours June 23-June 26 20 hours June 30-July 5 20 hours July 7-July 10 20 hours July 14-July 17 20 hours July 21-July 24 20 hours July 28-July 31 20 hours We are compensating him with $500.00 due to the fact that this was a six-week trial program. Good Shepherd Summer Camp Work Agreement June 16-July 31 Gregory Jean-Pierre Camp Counselor June 23-June 26 16 hours June 30-July 5 16 hours July 7-July 10 16 hours July 14-July 17 16 hours July 21-July 24 16 hours July 28-July 31 16 hours We are compensating him with $500.00 due to the fact that this was a six-week trial program. Good Shepherd Summer Camp Work Agreement June 16-July 31 Canette Succe Counselor Aid June 23-June 26 16 hours June 30-July 5 16 hours July 7-July 10 16 hours July 14-July 17 16 hours July 21-July 24 16 hours July 28-July 31 16 hours We are compensating her with $200.00 due to the fact that this was a six-week trial program. Good Shepherd Summer Camp Work Agreement June 16-July 31 Sabine Orelus Camp Counselor June 23-June 26 16 hours June 30-July 5 16 hours July 7-July 10 16 hours July 14-July 17 16 hours July 21-July 24 16 hours July 28-July 31 16 hours We are compensating her with $300.00 due to the fact that this was a six-week trial program. Retha Lowe Good Shepherd Humanitarian Corporation ae INTER~IAL REVENUE SERVICE DEPARTMENT- OF THE steSuccg. O. BOX 2508 · President CINCINNATI, OH 45201 0AN 1 0 2 02 Date: ~{E GOOD SHEPHERD HUManITARIAN CORPORATION C/O CANESTE SUCCE 1425 W BRACH ST ,LA~TANA, FL 33462 Eu~loyer idengifica~ion Number: 65-1133662 DLN: . 17053276079001 Contact Person: LARRY W BOTHE Contact Telephone Number: (877) 829-5500 Accounting Period Ending: December 31 Foundation Status Classification: 509 (a} Advance Ruling Period Begins: August.27, 2001 Advance Ruling Period Ends: December 31, 2005 Addendum Applies: No ID~ 3~4~2 Dear Applicant: Based on information you zupplied~ and assumin~ your operations will b~ as sta~ed in your application for recognition of exemption, we have detez~ined you are exempt from federal income tax ur, der section 501(a) of the Internal Revenue Code as an organization de~cri~ed in section Because you are a newly crea~ed organization, we are not now makin~ ~inal determination cC your foundagion stagus under section 509(a) cf the Code. However, we have degermined that you can reasonably expect to be a publicly supported organization described in sections 5~9(a;(1) and Accordingly, during an advance ruling period you will be treated as a publicly supported organization, and not as a private foundation. This advance rulir~ pezio~ begins and ends on the dates shown above. within 90 days alger the end of yo~£ advance ruling period, you mus~ send u~ the information neeCed Cc determine whether you have met the require- ments of ~he applicable support test during ~h~ advance ruling period. If you establish tha~ you have been ~ publicly supported organization, we will classi- fy you as a section 509(a) (1) or 509(a) (2) organization ~s long as you conti~ue tO meet the requirements o£ the applicable support ~est. If you do no~ meet ~he public support requil.¢ments during the aJvance ruling period, we will classify you as a private foundation for ~:~ure periods. Also, if we c~a$sify you as a private founda[ion, we will treat you as a private fouDdation from your Deginnfng date for puxpose£ of secsion 50?{d) and 4940. Grantors and contributors may z'ely on o~r determination that you are not a private foundation until 90 days ~fter the end of your advance ruling period. .!f you zend us the required information w~thin th~ 90 days, ,~rantors and Letter 1045 (DO/C~ V.-CONSENT AGENDA CITY OF BOYNTON BEA£ Zl'EM G. AGENDA ITEM REQUEST FL,,,,,, Requested City Commission Meetin~ Dates [] August 5, 2003 [] August 19, 2003 [] September 2, 2003 [] September 16, 2003 Date Final Form Must be Turned in to City Clerk's Office July 14, 2003 (Noon.) August 4, 2003 (Noon) August 18, 2003 (Noon) September 2, 2003 (Noon) Requested City Commission Meetine Dates [] October 7, 2003 [] October 21, 2003 [] November 5, 2003 [] November 18, 2003 Date Final Form Must be Turned in to City Clerk's Office September 15, 2003 (Noon) October 6, 2003 (Noon) October 20, 2003 (Noon) November 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: A motion to approve the "SURPLUS VEHICLE/EQUIPMENT LIST" as submitted by Public Works Department and allow for the sale of same. EXPLANATION: Procurement Services has reviewed the "SURPLUS VEHICLE/EQUPMENT LIST" as submitted by Public Works/Fleet Maintenance Division (see attached Memo ~03-117). Utilizing the City of Boynton Beach disposal process for surplus vehicles will allow the vehicles/equipment to be auctioned and generate revenues to the Fleet Maintenance Funds. Procurement Services requests Commission's review, evaluation and approval to sell the surplus property. PROGRAM IMPACT: The disposal of surplus vehicles/equipment will provide inventory control maintenance and allow for receipt of revenues through a process monitored by Procurement Services. FISCAL IMPACT: The revenues generated from the sale of surplus vehicles/equipment will be placed in the Fleet Maintenance Fund in the following account: Revenue Account No. Account Description 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. ~,.M~.'~/~~ D~l~ut~ 'Director of~M-~ncial-Services -:-- ' -~2ity Manager's Signature Procurement Services Department Name S:XBULLETINWORMSXAGENDA ITEM REQUEST FORM.DOC C: Jeff Livergood Public Works Director Bob Lee - Fleet Maintenance Hoax Johnson - Finance File City Attorney / Finance / Human Resources To: PUBLIC WORKS DEPARTMENT MEMORANDUM g03-117 Bill Atkins, Deputy Director of Finance RECEIVED AUG 112003 ~ oc~q~E.v,cEs From: Jeffrey Livergood, P.E., Director of Public Works .3 Chris Roberts, Deputy Director of Public Works Robert H. Lee, Fleet Administrator ~ Subj: Surplus Equipment Date: August 8, 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. IDg Make Year Mode,,[ Type 0022 Ford 1988 F250 4x4 P/U 0024 Chevy 1988 30 Flat Bed 0051 Ford 1993 F450 Container 0055 Ford 1995 Fl50 4x2 PFLI 0175 GMC 1989 3500 4x4 Flat Bed 0300 Ford 1996 Crn/Viv 4Dr 0817 Ford 1997 Taurus 4 Dr 0818 Chevy 1996 SUV-S10 4Dr4x4 0819 GMC 1995 SUV-SUB 4Dr4x4 4601 Ford 1996 Crn/Vic 4Dr 4701 Ford 1997 Cra/Vic 4Dr 8529 Toro 1996 345 Riding Mower Vin# 1FTEF26H9JNA42877 1GBHR34K2JJ 111185 2FDLF47M7PCB40797 1FTEF15Y9NSB29904 1GDJV34K4KFT03647 2FALP73WXTX 189592 1FALP52U 1 VA201483 1GNDT13W3TK219369 1 GKGK26K9SJ722548 2FALP71W5TX 161380 2FALPT1W1VX143283 50313 RL/rc Requested City Commission Meeting Dates [] August 5, 2003 [] August 19, 2003 [] September2,2003 [] September 16,2003 V.-CONSENT AGENDA ITEr4 H. CITY OF BOYNTON BEA( AGENDA ITEM REQUEST FOvttVl Date Final Form Must be Turned in to City Clerk's Office July 14, 2003 (Noon.) August 4, 2003 (Noon) August 18, 2003 (Noon) September 2, 2003 (Noon) Requested City Commission Meeting Dates [] October 7,2003 [] October 21, 2003 [] November 5, 2003 [] November 18, 2003 Date Final Form Must be Turned in to City Clerk's Office September 15, 2003 (Noon) October 6, 2003 (Noon) October 20, 2003 (Noon) November 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Authorization of use of Community Investment Funds for the Lena Rahming/Maude Ford Lee Head Start Scholarship Fund in the following amounts: Commissioner McCray $2,500 and Commissioner McKoy $2,000. EXPLANATION: Commission approval for allocation of community investment funds to the Lena Rahming/Maude Ford Lee Head Start Scholarship Fund. This fund was established to assist students graduating from high school to continue their education at a college or university. PROGRAM IMPACT: Allocation of funds will assist the above program. 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 to authorize the requested use. Department Head's Signature ' C~Y-y Manager's Signature Department Name City Attorney / Finance / Human Resources S:~BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC Pied Start $cholar~p Fund Coam~t Per, on: lqieole Rice Beiveda:g Real BIdB. l~lm Beach, FL 33406 (561) 233-1609 Fax: C561) The Lena Rahming~vtaude Ford Lee Head Start Scholasship Fund was establLshect to assist students graduating from high ..,chool to continue the:r education at a college or uni.verstty. The fund was establi.~hed through the generosity of Lena Kahming, Center Manager of the Boyr. ton Beach Head Staxt Center. Lena Rahming was the recipient of the Sun. Sentinel Publiflxer's 1999 Community Service Award. Because of her long time association with He.~d Start, Maude Ford Lee former Palm Beach County C, omm~ioner agreed to the use of the name "Lena Rahraing/Maude Ford Lee Head Start Scholaxship Find.' -. The scholarship wa~. launched on August 9, 2002. Two former Palm Beach Court. Head Start student~ v-ere awarded $1000.00 scholarships. The scholarship r. oramittee welcomes donations to the Lena Rahmmg/Maude Ford Lee Head Start Scholan,htp FuncL Your gift would make it possible to continue to ennch the lives of former ['aim Beach County Head Staxt studea~ts, :raking it po~ible for them to acI~eve a Eighet education. Thanking you in advance, Chaim~an TOTq_ :' EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part I- Summary of Request (to be completed by City Clerk) Date of Request: Ausust 15,2003 Requested by Mayor/Commissioner: co~ ssioner McCray Amount Requested:$ 2,500 Recipient/Payee: Lena Rahaing/Maude Ford Lee Head Start Scholarship Fund Description of project, program, or activity to be funded: Fund was established to assist students graduating from high school to continue their education at a college or u~versity. Dated: ~- tS- o3 By: ~~ ~. ~ (JCity Clerk Part II-Availability of funds (to be completed by the Finance Director) The annual appropriation of funds available to the requesting Member of the Commission listed above is $ 12~$o0 $ lO,OO0 has been used to date by the requesting Member, leaving a balance of available funds of $ 2,500 Accordingly: There are funds available as requested ca There are insufficient funds available as requested. Finance Director Dated: Part III- Eligibility Evaluation (to be completed by City Manager) Dated: · f The proposed expenditure of funds will not result in improvement to private property; a~ The recipient~payee is a resident of the City of Boynton Beach or is a legal entity with offices in the City of Boynton Beach; ~ The project, program or activity which is being funded will occur in the City of Boynton Beach and participation is open to all residents of the City; and a/Proper safeguards will be implemented to assure that the public funds being appropriated will be used for the stat~ p~se. C~2x~' (~'~ By:, .J&o~,..-- -nCity Manager S:\CA~RESO\Legislative Actions~stablish Community inv Funds l.ck~ 8/4/03 EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part I- Summary of Request (to be completed by City Clerk) Date of Request: August 15, 2003 Requested by Mayor/Commissioner: Amount Requested:$ 2,ooo Recipient/Payee: Lena Rahattxtg/liaude Ford Lee Head Start Scholarship Fuml Description of project, program, or activity to be funded: Fund was established to assist students zraduatin~ from high school to continue their education at a college or university. .j/City Clerk Part Il-Availability of funds (to be completed by the Finance Director) The annual appropriation of funds available to the requesting Member of the Commission listed above is $ 12,500 $ 6,000 has been used to date by the requesting Member, leaving a balance of available funds of $ 6,.500 Accordingly: There are funds available as requested There are insufficient funds available as requested. Dated: Finance Director Part III- Eligibility Evaluation (to be completed by City Manager) Dated: The proposed expenditure of funds will not result in improvement to private property; a,~The recipient/payee is a resident of the City of Boynton Beach or is a legal entity with offices in the City of Boynton Beach; The project, program or activity which is being fim. ded will occur in the City of Boynton Beach and participation is open to all residents of the City; and Proper safeguards will be implemented to assure that the public funds being appropriated will be used for the sta_ted ~urpo_se. City Manager S:\CAXRESO\Legislative Actions\Establish Community [nv Funds l.doe 8/4/03 V.-CONSENT AGENDA ITEl4 I. CITY OF BOYNTON BEA AGENDA ITEM REQUEST FUt av Requested City Commission Meeting Dates [] August 5,2003 [] August 19, 2003 [] September 2, 2003 · [] September 16, 2003 Date Final Form Must be Turned in to CiW Clerk's Office July 14, 2003 (Noon.) August 4, 2003 (Noon) August 18, 2003 (Noon) September 2, 2003 (Noon) Requested City Commission Meeting Dates [] October 7, 2003 [] October 21,2003 [] November 5, 2003 [] November 18, 2003 Date Final Form Must be Turned in to CiB' Clerk's Office September 15, 2003 (Noon) October 6, 2003 (Noon) October 20, 2003 (Noon) November 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Admmistrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the September 2, 2003, City Commission Agenda under Consent Agenda. Staff recommends that the City Commission approve the petition from George Rodriguez, Jr. representing Empire Car Service vehicle for hire business, for a certificate of Public Convenience and Necessity as per Chapter 24, Section 24-3. EXPLANATION: Request for Certificate of Public Convenience and Necessity for Empire Car Service, vehicle for hire service. Pursuant to city codes, Chapter 24 "Taxicabs", prior to operation these uses must obtain approval from the City Commission through granting of a Certificate of Public Convenience an Necessity. A notarized application has been attached for commission review, which indicates that the business consists of one (1) employee; that it will operate at 86 Sandpiper Way, Boynton Beach, and that it will provide services within Boynton Beach city limits. The vehicle will be kept at applicants' home address. There are currently seven (7) other limousine'taxi businesses licensed to operate within the city, with a total of seven (7) vehicles. Due to the specialized nature of these businesses, and the limited extent of public transit routes within the city and count, the subject business would not represent an excessive service. PROGRAM IMPACT: N/A FISCAL IMPACT: Increased Occupational License revenues of $125.00 (1 vehicle) annually. ALTERNATIVES.' ,ot To deny the petition for a certification ofyublic Convenience and Necessity. Dev~l~m~ht l~eZp~e~t Director City Manager s ~ignamre plfianing and Zoning l~e~-~or City Attorney / Finance / Human Resources S:\Occupational\Agenda Iterns'~Agenda Item Request Empire Car Service.dot S:~BULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC ^~'rL~CAl~oi, FOR CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY: APPLICANT INFORMATION: BUSINESS NmE: ~Q~ CAP-- 3~c~ LOCATION OF 'ROPOSED DEPOT AND EXPERIENCE OF APPLIC~T IN THE TR~SPORTATION OF PASSENGERS: ANY FACTS WHICH THE APPLICANT BELIEVES TEND TO PROVE THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE GRANTING OF A CERTIFICATE: THE TOTAL NUMBER OF VEHICLES TO BE OPERATED OR CONTROLLED BY THE APPLICA/qT: THE NUMBER OF VEHICLES .,TO BE OPERATED BY THE APPLIC/%NT IN THE CITY OF BOYNTON BEACH: COLOR SCHEME OR INSIGNIA TO BE USED: NAME OF INSURANCE CARRIER (ATTACH CERTIFICATE OF iNSURANCE MADE OUT TO THE CITY OF` .~TON BEACHb L ' PER SECTION 24-10 OF THE BOYNTON BEACH CODE OF ORDINANCES, ATTACIt COPIES '.)F ALL CONTRACTS, AGREEMENTS, ARRANGEMENTS, MEMORANDA, OR OTHER WRITINGS RELATING TO THE FURNISHING OF TAXICAB SERVICE TO ANY HOTEL, THEATER, }{ALL, PUBLIC RESORT, RAILWAY STATION OR OTHER PLACE OF PUBLIC GATHERING, WHETHER SUCH ARRANGEMENT IS MADE WITH THE HOLDER OR ANY CORPORATION, FIRM OR ASSOCIATION WITH WHICH THE HOLDER MAY BE INTERESTED OR CONNECTED LIST OF ATTACHMENTS: ' RE OP APPLICA/~T STATE OF FLORIDA, COUNTY OF PALM BEACH The foregoing instrument was acknowledgcd before me this personally k~own to me or who has produced I ' ' ( type of i~a~lon; as identification and who did (did not) take an oath. Signature of person taking acknowledgement ~ Name of officer ~a~ckn~w~e~gement--typed, printed or stam ed 'r~le or ran~ i~i~.~ ~~ Serial number, if any V.-CONSENT AGENDA TEf4 J. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] August 5, 2003 [] August 19, 2003 [] September 2, 2003 [] September 16,2003 Date Final Form Must be Turned in to City Clerk's Office July 14, 2003 (Noon.) August 4, 2003 (Noon) August 18, 2003 (Noon) September 2, 2003 (Noon) Requested City Commission Meeting Dates [] October 7, 2003 [] October 21, 2003 [] November 5, 2003 [] November 18, 2003 Date Final Form Must be Turned in to City Clerk's Office September 15, 2003 (Noon) October 6, 2003 (Noon) October 20, 2003 (Noon) November 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Admimstrative [] Announcement [] City Manager's Report [] Consent Agenda [] Code compliance/Legal Settlements [] Legal [] New Business [] Presentation [] Public Hearing [] Unfinished Business RECOMMENDATION: Approve 2003-04 City Manager Objectives by Motion EXPLANATION: The City Commission reviewed the City Manager's performance at the City Comrmssion meeting of August 18, 2003. The attached list of objectives was developed by the City Manager in consultation with members of the City Commission and senior city staff. The objectives reflect work activities principally the responsibility of the City Manager but also include activities that are on interest and should involve the City Commission and City staff. PROGRAM IMPACT: The objectives will help guide priorities for the City regarding specific projects and initiatives. However, it is understood that additional activities or projects as proposed by the City Manager or the City Commission may be added to the list of objectives or cause those on the list to be postponed or dropped. FISCAL IMPACT: objective list. Resources for these activities have been identified in the budget unless specifically noted in the ALTERNATIVES: Decline to approve the objectives list. Department Head's Signature City Manager's Signature Department Name City Attorney / Finance / Human Resources S:~BULLETINLFORMSXAGENDA ITEM REQUEST FORM.DOC City Manager Objectives for 2003-04 The following are projects that were identified by the City Manager or the City Commission for the City Manager, City Commission and Staff during the coming year. This list includes amendments following City Commission meeting of August 5, 2003, input from City Commission and discussion of list with City Management Leadership Team on August 8, 2003. This list was presented to the City Commission at the Commission meeting of August 19, 2003. Strategic Planning 1. Work with the City Commission to develop and define the most important strategic issues and direction that staff can be working on during this tenn. (Source: City Commission, City Manager) 2. Implement Citizen Survey or appropriate alternative instrument to assess citizen needs, opinions and satisfaction with City. (Source: City Commission, City Manager) 3. Conclude Benchmarking Project for Budget and streamlining City operations to reduce costs and improve efficiencies. This relates to the Program Evaluation Project. (Source: City Commission, City Manager) 4. Continue with City staff vision, mission, and values process. Determine interest in City Commission level process. (Source: City Manager) Financial Planning 5. Continue with implementation of five-year financial plan and capital improvement plan for City. Proceed with bonding of capital improvements, as directed by the City Commission. (Source: City Commission, City Manager) 6. Develop Long-Range Funding/Revenue Profile for City to reduce dependence on Property Tax. (Source: City Commission, City Manager) 7. Prepare Financial Plan with eventual goal of an operating tax rate of 7.0%. Current rate is 7.6%. Continue with productivity improvement project with a goal of reducing overall city staffing levels to range of 850-800. (Source: City Commission) 8. Continue with implementation of 5-Year Financial Plan and develop long-range funding and revenue profile. (Prefer a 10-15 year projection). (Source: City Commission, City Manager) City Manager Objectives 2003-04 Page 1 9. Review the sanitation rate structure and evaluate expansion of the automated residential refuse collection into single-family neighborhoods where this service is not provided. (Source: City Manager) Community Development 10. Proceed with implementation of"Heart of Boynton" including commercial, residential, recreational and cultural components. (Source: City Commission, City Manager) 11. Refine our economic development program in cooperation with Palm Beach County Business Development Board, CRA and other business alliances. (Source: City Manager) 12. Upgrade City Park Master Plan based on results of 2002 Recreation Needs Study. This is a carry-over from 2002. The staff presented an update at the City Commission meeting of August 5, 2003. (Source: City Commission, City Manager) - Revised 8/8/03 13. Complete development process analysis with recommendation to City Commission for code changes. This work includes, zoning, building and planning code changes. The first draft of the new Land Development Regulations has been completed. Also complete review of Mixed Use Regulations for possible revisions and modifications. (Source: City Commission, City Manager) Public Safety 14. Complete three new fire stations in the SE, NE and SW Quadrants of the City. It is anticipated that the Fire Station at City Hall will need to be "mothballed" for future activation when the redevelopment of the central area of Boynton Beach is underway. An advanced life support (ALS) engine company or a medic unit would be stationed at the old fire station to provide faster response time to the core area of the City. This project has been delayed by land purchase negotiations and litigation. (Source: City Commission, City Manager) 15. Improve public safety response time by initiating and completing citywide address and property identification program. The program has been developed and is being coordinated by GIS, Fire and Code Compliance. The program will be completed in 2003-04. (Source: City Manager) 16. Fire Department Accreditation (On-going process that will eventually require input and assistance from other departments). Note - funding for this program was cut from 2003-04 Budget. Staff will work on but at a slower pace with in-house resources. (Source: City Manager) - Revised 8/8/03 17. Work with the Police Department for continued and improved community outreach on behalf of and for the minority community of Boynton Beach. (Source: City Commission, City Manager) - added 8/6/03 City Manager Objectives 2003-04 Page 2 18. Complete Police Department Re-Accreditation in July 2004. (Source: City Manager) - added 8/6/03 Infrastructure Planning and Implementation 19. Develop five-year street maintenance and sidewalk construction program. Sidewalk program should be tied to school walk routes and proximity to high pedestrian activity. (Source: City Manager) 20. Commence design work for new Library based on City Commission authorization to proceed and receipt of state $500,000 planning grant. The Commission approved the project in April 2003. Matter is on ballot for referendum for November 2003. (Source: City Commission, City Manager) 21. Commence design work for SW Community Center as authorized by City Commission. (Source: City Manager) 22. Assuming favorable approval by referendum in November 2003, commence design for Senior Citizen Center Upgrade. (Source: City Manager) 23. Assuming favorable approval by referendum in November 2003, commence design for Art Center Upgrade. (Source: City Manager) 24. Assuming favorable approval by referendum in November 2003, commence design for Municipal Pool at Wilson Park. (Source: City Manager) 25. Complete the construction of Wilson Center and Wilson Park improvements. (Source: City Manager) 26. Complete the purchase of Jaycee Park property from Florida Inland Navigation District. (Source: City Manager) 27. Complete the development of the Nautica Park project in cooperation with the Nautica Homeowner's Association and Palm Beach County. (Source: City Manager) 28. Complete operational space needs analysis and presentation of options for City Commission review. (Source: City Manager) 29. Finalize Phase I of Bikeway and Greenway Plan. (Source: City Commission and City Manager) 30. Outline drainage improvement projects for City with priorities established and identification of needed storm water detention sites. (Source: City Commission) City Manager Objectives 2003-04 Page 3 31. Complete Utility planning work for service to unincorporated areas in anticipation of possible annexation, if warranted. This is being handled on a case-by-case basis and a systematic approach is needed. A priority area is South Federal Highway. However, re- development issues along Federal Highway diverted the staff from this project temporarily. (Source: City Manager) - revised 8/6/03 Staff Development 32. Increase recruitment and promotional oppommities for minorities and women in the City organization. Efforts continue, especially in the Police Department. (Source: City Manager) - revised 8/8/03. 33. Improve the effectiveness of front-line supervisors. (Source: City Manager) 34. Position Boynton Beach as an organization with competitive salaries and benefits. (Source: City Manager) - Revised 8/6/03 35. Complete "leaving a legacy" staff planning project to identify and train the next generation of supervisors. There will be a number of department and divisional retirements in the next three to five years. A staff team has been established and has been analyzing department impacts; training needs and anticipated departures of staff. (Source: City Manager) 36. Personal career development and training per ICMA guidelines for City Managers. (Source: City Manager) Service Delivery 37. Enhance relationships with key community organizations for possible joint ventures through public-private partnerships. (Source: City Manager) 38. Reduce size of City fleet to save costs. The inventory of fleet use has been completed. (Source: City Manager) 39. Incorporate Utility computer network into City computer network to save cost and improve efficiencies. The first stage of the project has been completed with shared servers installed. (Source: City Manager) 40. Continue to emphasize code compliance with parties who cooperate with the City and demonstrate progress in addressing property condition issues. (Source: City Commission) 41. Improve appearance of City corridors and exits/entries from 1-95.. (Source: City Commission) 42. Better utilization of City radio station to include informational items about City events, possible broadcast of meetings etc. (Source: City Commission) City Manager Objectives 2003-04 Page 4 43. Re-evaluate Neighborhood Services program to reflect a different approach and involvement by members of the City Commission. (Source: City Commission, City Manager) 44. Review and modify City purchasing and contracting procedures to include policy recommendation for a more formalized local business preference and minority/WBE selection.. (Source: City Commission) 45. Continue to market the use of the Senior Citizen Center for all seniors. Past utilization by minorities has lagged. (Source: City Commission) 46. Proceed with Parks and Recreation Accreditation Program under auspices of program administered by the Commission for Accreditation of Park and Recreation Agencies. (Source: City Manager) - added 8/8/03. Other 47. Complete an ethics ordinance, procedure or guiding principals resolution for elected and appointed officials. (Source: City Commission) -Revised 8/6/03 48. Proceed with operation of Woman's Club, if policy direction of City Commission is granted. The draR lease agreement has been completed and will be presented to the City Commission in June 2003. (Source: City Commission, City Manager) 49. Improve Press/Media coverage of City with proactive and balanced views. Communicate the role and accomplishments of the Commission and staff. (Source: City Manager) 50. Prepare outline for possible application for "All American City" award by the National Civic League. (Source: City Commission) KB: 4/27/03, 07/30/03, 08/07/03, 8/8/03, 8/20/03 City Manager Objectives 2003-04 Page 5 V.-CONSENT AGENDA CITY OF BOYNTON BEA( ITEM K. AGENDA ITEM REQUEST FL__ _ Requested City Commission Date Final Form Must be Turned Requested City Commission Meeting Dates in to City Clerk's Office Meeting Dates [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 [] August 19, 2003 August4, 2003 (Noon) [] October21, 2003 [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 · [] September 16, 2003 September2, 2003 (Noon) [] November 18, 2003 Date Final Form Must be Turned in to City Clerk's Office September 15, 2003 (Noon) October 6, 2003 (Noon) October 20, 2003 (Noon) November 3, 2003 (Noonl [] Administrative [] Legal ,, ..... NATURE OF [] Announcement [] New Business ~ AGENDA ITEM [] City Manager's Report [] Presentation ~,:3 [] Consent Agenda [] Public Hearing co ~ _<. [] Code compliance/Legal Settlements [] Unfmished Business -r~ t3--~ .. RECOMMENDATION: Motion to approve full release of surety covering the water and sewer systems for the project known as The Colon~; Boynton Beach. EXPLANATION: The developer of this project currently has surety totaling $26,207.96 posted with the City to guarantee satisfactory completion of the on-site water and sewer systems serving the referenced phases of this project. Those systems have now been completed, all documentation has been provided and the systems have operated satisfactorily through the warranty period. The cash surety may therefore be released, and refunded to the developer. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: None. Department Heads ~L[~nature City Manager's Signature UTILITIES Department Name City Attorney / Finance / Human Resources XC: Dale Sugerman (w/copy of attachments) Peter Mazzella " Barbara Conboy " Mary Munro, Finance Dept. File S:\BULLETINhCORMS~AGENDA ITEM REQUEST FORM.DOC DIRECT PAYMENT REQUISITION Please issue a check in the amount of $ 26,207.96 To: Colony at Boynton Beach, Inc. CIO The Holiday Or~]anization 400 Post Avenue Westbury, NY 11590 For: Full release of cash surety for the project known as The Colony at Boynton Beach Commission Approval: Requested by Peter V. Mazzella, Deputy Utilities Director Date August 11,2003 Approvals: Dept. Head Finance Dept. City Manager 401 0000 220 99 00 26,207.96 $26,207.96 MEMORANDUM UTILITIES DEPARTMENT TO: Diane Reese, Finance Director FROM: ~_ John A. Guidry, Utilities Director DATE: SUBJECT: Surety/Fee transmittal- LETTER OF C P.EDIT: Bank- Amount Check no. ,~ ~ ~,~' ~~.~SPECTION FEE: Check no. Amount $~~_.~ AmoUnt Water AmoUnt Sewer Total SEWER TELEVISING FEE: (@ $1.75/L.F.) Check no. /~. Based on a/ L.F. / COST DOCUMENTATION: Engineer's Estimate Copy of Contract Other AmoUnts ~/.~ Please refer any questions on this matter to Pete Mazzella of this office. Attachment JAG/PVM Be: Peter Mazzella Xc: Jo Jahnke File 0 0 -__ V.-CONSENT AGENDA ITEM L. CITY OF BOYNTON BEAt AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Meeting, Dates in tO City Clerk's Office Requested City Commission Meetin~ Dates [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 [] August 19, 2003 August 4, 2003 (Noon) [] October 21, 2003 [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 · [] September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 Date Final Form Must be Turned in to Cit~ Clerk's Office September 15, 2003 (Noon) October 6, 2003 (Noon) October 20, 2003 (Noon) November 3, 2003 (Noon) NATURE OF AGENDA ITEM RECOMMENDATION:: Marina Project. [] Administrative [] Legal [] Announcement [] New Business '.-. [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business " , Acceptance of a replacement bond in the amount of $407,380.00 for the Boynton EXPLANATION: TRG Boynton Beach LTD, a Florida Corporation, has acquired title to the Marina Marketplace Project (Boynton Marina Project), formerly held by AERC of Virginia. TRG Boynton Beach LTD is requesting to replace the existing bond with the City in the amount of $407,380. Acceptance of the replacement bond and release of the existing bond requires action by the Boynton Beach City Commission. The amount of the bond is in accord with the provisions of paragraph 17 (G) of the Boynton Marina Development Agreement. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: Quintus Gr~n~", De~el~pmen'[Di~'ector City Manager's Signature Department of Development Department Name City Attorney / Finance / Human Resources S:\BULLETINWORMSXAGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND ACCEPTING A REPLACEMENT CONTRACT SURETY PERFORMANCE BOND FOR THE BOYNTON MARINA PROJECT (BOND NO. 1126286) ISSUED BY TRG-BOYNTON BEACH, LTD. IN THE AMOUNT OF $407,380.00, AND RELEASING THE BOND ORIGINALLY POSTED BY AERC OF VIRGINL~, INC., IN THE AMOUNT OF $407,380.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, upon :ecommendation of staff, does hereby accept the above referenced replacement Bond (No. 1126286) issued by TRG-Boynton Beach, Ltd., and Liberty Mutual Insurance Company in Ihe amount of $407,380.00 for the Boynton Marina project; and; WHEREAS, by the acceptance of this replacement bond, the City Commission hereby releases the bond originally posted by AERC of Virginia, Inc., in the amount of $407,380.00; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby ratified and confirmed by the City Commission. Section 2. The City Commission of the City of Boynton Beach, Florida hereby approves and accepts a Surety Performance Bond for Marina Village in the amount of $407,380, from TRG-Boynton Beach Ltd., for the Boynton Marina project. Section 3. The City Commission does hereby release the Bond in the amount of $407,380, previously posted by AERC of Virginia, Inc. for the Marina project. Section 2. That this Resolution shall become effective immediately upon passage. IS:\CA\RESOXLetters of CreditXAccept LC for Boynton Marina - Release of AERC bond.doc PASSED AND ADOPTED this __ day of August, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ~_TTEST: City Clerk Commissioner (Corporate Seal) IS:\CA\RESO~Letters of CrediflAccept LC for Boynton Manna - Release of AERC bond.doc I I1 The Related Group of Florida 2828 Coral Way, Penthouse Suite Miami, Florida 33145 lei. (305) 460-9900, Fax (305) 460-9911 August 5, 2003 Mr. Dale Sugerman Assist. City Manager Boynton Beach City Hall 100 E. Boynton Beach Blvd. Boynton Beach, Florida 33425-0310 RE: Sure ,ty Performance Bond for Marina Village Dear Dale: Enclosed is our bond #1126286, in the amount of $407,380, to replace AERC's bond in the same amount as surety against the Development Agreement. Could you please release AERC's bond back to them as soon as possible. It should be sent to Mr. Marty Fishman at AERC at 5025 Swetland Court, Richmond Heights, Ohio, 44143-1467. Please contact me if you have any questions. Sincerely, Larry Enclosure: Surety Bond CC: Joe Hemandez Marty Fishman, AERC LJ:eb BOYNTON BI:AGH UTILITIi:8 Contract Surety Performance Bond Bond No. 1126286 KNOW ALL MEN BY THESE PRESENTS: That TRG-Boynton, Beach, Ltd. A Partnership (Limited) existing under the laws of the State of Florida, and Liberty Mutual Insurance Company a Massachusetts corporation, duly authorized and licensed to do business in the State of Florida, as Corporate Surety, are held and firmly bound unto the City of Boynton Beach, Florida, as Obligee, in the sum of Four Hundred Seven Thousand Three Hundred Eighty and 00/100 Dollars ($407,380.00) for which sum we bind ourselves and our successors and assigns, jointly and severally by these presents. The CONDITION of this obligation is such that: WHEREAS, Obligee and Ocean Breeze Festival Park, Inc. ("Ocean Breeze") entered into the Second Revised Development Agreement dated June 6, 2000 (The "Development Agreement") in connection with a parcel of land located in the Obligee's Community Redevelopment Area and Central Business District (the "Project"); and WHEAREAS, Principal has succeeded to the interest of Ocean Breeze under the Development Agreement and is now the owner of the Project; and WHEREAS, Ocean Breeze granted Obligee a lien on the Project in and amount equal to value of incentives granted by the City, as more fully provided in the Development Agreement and the Development Agreement permits Principal to bond off that lien by substituting a performance bond in form and substance acceptable to the City Attorney; and WHEREAS, this bond is issued and delivered to Obligee for the express purpose of replacing the bond originally posted by AERC of Virginia, Inc. and Ohio corporation and bonding off that lien as more fully provided in Section 17(N) of the Development Agreement, as amended by the City's December 13, 2000 Memorandum reducing the amount of the lien to the sum of Four Hundred Seven Thousand Three Hundred Eighty and 00/100 Dollars ($407,380.00); NOW THEREFORE, if Principal shall perform all obligations secured by such performance bond under the Development Agreement, then this obligation shall be null and void; otherwise this obligation shall remain in full force and effect. Signed, sealed and dated this ~'fft~ day of ~ (] ~3". , '~0 0 '~ Witness: (Signature) Witness: (Signature) (Printed Name) TRG-Boynton Beach, Ltd. By~T~l~Bo~ach, Inc. /frs so~e G,~fferablVanner BY: 7-~ ~ a ~ . signatu~OBERTO S ROC~ted Name Libe~~~~ny ? (S~e~)~ ~ Ni~n & Company 59~ N.W. 151 St. ~105 Miami Lakes, FI 33014 (305)822-7800 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent hereir~ stated. LIBERTY MUTUAL INSURANCE COMPANY ] ] 26286 BOSTON, MASSACHUSE'I-I'S POWER OF A'FrORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts stock insurance company, pursuant to and by authority of the By-taw and Authorization hereinafter set forth, does hereby name, constitute and appoint CHARLES J. NIELSEN, JOHN M. BARNES, NICOLE M. WILLIAMS, PATRIClA G. SMALLEY, VlCKI TRUESDALE, ALL OF '~. CITY OF MIAMI LAKES, STATE OF FLORIDA ....................................................................................................................... , each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seat, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding FIFTY MILLION AND 00/100 .... ****** .... ****** DOLLARS ($ 50~000~000.00'**** / each, and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE Xlll - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: Pursuant to Article XIII, Section 5 of the By-Laws, Timothy C. Mulloy, Assistant Secretary of Liberty Mutual Insurance Company, is hereby authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. That the By*law and the Authorization set forth above are true copies thereof and are now in full force and effect. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 7th day of November 2002 LIBERTY MUTUAL INSURANCE COMPANY Timo~l~ C. Multey~Assistant Sec~tary COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF MONTGOMERY On this 7th day of November , 2002, before me, a Notary Public, personally came Timothy C. Mulloy, to me known, and acknowledged that he is~n Assistant Sec~berty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. IN TESTIMONY WH hie subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. / \ ~'~' _-.".~1 / ¥~: -'.-'~'~:~:r;~:--;:'--:!~- ........ '" Ter~gsa Pastella, Notary Public I, the undersigned, Assistant-S"6Eretary of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys-in-fact as provided in Article XIII, Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under ana by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duty called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of anv assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, i have hereunto subscribed my name and affixed the corporate seal of the said company, this day of By Joh,~. X. Hee, Assistant Secretary V.-CONSENT AGENDA CITY OF BOYNTON BEAC ITEM M. AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Meetint Dates in to Ciw Clerk's Office Requested City Commission Meetina Dates Date Final Form Must be Turned in to City Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) [] August l9, 2003 August 4, 2003 (Noon) [] October21,2003 October 6, 2003 (Noon) [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noon) · [] September 16, 2003 September2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (Noon) NATURE OF AGENDA ITEM RECOMMENDATION: [] Administrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation co [] Consent Agenda [] Public Hearing .'~ '-~ [] Code compliance/Legal Settlements [] Unfinished Business .~. Motion to approve reduction of surety covering the water and sewer systems for the project known as Villas of Cypress Creek, accepting a cash surety of $1,333.15 for the remainder of the warranty period and returning letter of credit no. 2002061902 from Palm Beach County Bank to the developer. EXPLANATION: The developer of this project currently had previously posted a letter of credit with the City to guarantee satisfactory completion of the on-site water and sewer systems serving this project. Those systems have now been completed, and all documentation has been provided. The letter of credit from Palm Beach County Bank may now be returned to the developer of the project. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: None. Department Head'~;ignature · ~i~ Manager's Signature UTILITIES Department Name City Attorney / Finance / Human Resources XC: Dale Sugerman (w/copy of attachments) Peter Mazzella " Barbara Conboy " Mary Munro, Finance Dept. File S:'xBULLETIN\FORMS~AGENDA ITEM REQUEST FORM.DOC Palm Beach County Bank Member FDIC and Federal Reserve System IRREVOCABLE STANDBY LETTER OF CREDIT BENEFICIARY: CITY OF BOYNTON BEACH 100 EAST BOYNTON BEACH BOULEVARD BOYNTON BEACH, FLOR.IDA 33435 DATE: JUNE 19, 2002 APPLICANT: R. J. CONSULTING MANAGEMENT & MARKETING INC. 9185 Perth Road Lake Worth, FL 33467 Gentlemen: We hereby open our clean irrevocable letter of credit No. 2002061902 in favor of City of Boynton Beach ("City") for the initial amount of TWENTY SIX THOUSAND SIX HUNDRED SIXTY THREE & 00/100 U.S. Dollars ($26,663.00) effective as of this date. This letter of Credit is issued pursuant to those certain approved plans for construction of required sanitary system, H.R.S. Permit No.'s 138271-145-DSGP & 138271-146-DWC (hereafter, "Approved Permit"), between R. J. Consulting Management & Marketing Inc., as developer, and the City of Boynton Beach, Florida, to develop a subdivision to be known as The Villas ~ Cypress Creek (hereafter, "Subdivision"), and to construct and install the required water & sewer improvements pursuant to the terms of the permit and approved plans. This Letter of Credit, however, is independent of said approved permit and reference herein is for information only. It is a condition of this Letter of Credit that it shall be deemed automatically extended without amendment for one year periods from the expiration date hereof, or any future expiration date unless at least ninety (90) days prior to any expiration date we shall notify you by courier at the address indicated above, unless a change of address is otherwise notified by you to us in writing, that we elect not to consider this letter of credit renewed for any such additional period. This initial amount of funds available under this credit and stated above may be reduced by the City of Boynton Beach Utilities Director, as authorized agent of the City of Boynton Beach, in accordance with the requirements of the subdivision and required improvements regulations. We hereby agree that such reduction shall not be effective until we have furnished a written amendment to this Letter of Credit. Such amendment shall reference this Letter of Credit as well as the H.R.S. permit number and subdivision name, as set our herein and the new amount. Funds under this Letter of Credit are available to the City hereunder not exceeding in aggregate the amount of this credit (as said amount may be amended from time to time pursuant to the above paragraph) against the city's demand, by its authorized agent named above, for payment on us mentioning our credit No. 2002061902 Irrevocable Standby Letter of Credit No. 2002061902 Page Two All drafts drawn under this credit must be marked "Drawn Under Palm Beach County Bank Letter of Credit No. 2002061902" This credit is subject to and governed by the laws of the State of Florida and the 1993 Revision of the Uniform Customs and Practice for Documentary Credits of the International Chamber of Commerce (Publication No. 500) and, in the event of any conflict, the laws of the State of Florida will control. Notwithstanding the above, this letter of credit is enforceable in a court of competent jurisdiction in Palm Beach County, Florida andis to be interpreted by Florida law. The designated agent for service of process for Palm Beach County Bank shall be William R. Martin, Sr. Executive Vice President/Chief Operating Officer whose address is 3717 Boynton Beach Boulevard Boynton Beach, FL 33436. The original Letter of Credit and all amendments thereto must be submitted to us together with any drawings hereunder for our endorsement of any payments effected by us and/or for cancellation. We engage with you that each draft drawn under and in compliance with the terms of this credit will be duly honored if presented at this office, located at 3717 Boynton Beach Boulevard Boynton Beach, FL 33436, on or before June 19, 2003 or any automatically extended date. Very truly yours, Palm Beach County Bank y' 'lliam R Martin, Sr. Executive Vice President VI.-CODE - LEGAL SETI'LEHENT CITY OF BOYNTON BEAC] ITEt4 A. AGENDA ITEM REQUEST FOt vm Requested City Commission Meeting Dates [] August 5, 2003 [] August 19, 2003 [] September 2, 2003 [] September 16, 2003 NATURE OF AGENDA ITEM Date Final Form Must be Turned in to City Clerk's Office July 14, 2003 (Noon.) August 4, 2003 (Noon) August 18, 2003 (Noon) September 2, 2003 (Noon) Requested City Commission Date Final Form Must be Turned Meeting Dates in to Ci~c~...~ I I October 7, 2003 September 15, 2003 (1~_) I~ October 21,2003 October 6, 2003 (Noon)~ [] November 5, 2003 October 20, 2003 (Noon)~-~x?-' I I November 18, 2003 November 3, 2003 (Noon)~.. · [] Admmista'afive [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to uphold the Code Compliance Board's decision to reduce the fine in Case #99-2187 from $11,675.00 plus $730.15 in administrative costs to $1,730.15. I've enclosed my July 8, 2003 "Lien Reduction Transmittal" for your review. (Exhibit "A") EXPLANATION: The applicant requested the City Commission reconsider this matter and submitted the request within the time prescribed by City Ordinance. Mr. St. Juste alleges he was prevented from obtaining his Occupational License due to an unnecessary requirement relating to the alarm requirements imposed by the Fire Department. Mr. St. Juste failed to acknowledge he didn't apply for an Occupational License until roughly 50 days after the fine had begun accruing. The enclosed chronology of events (Exhibit "B") prepared by the Fire Department provides further detail regarding the events that occurred at this property. PROGRAM IMPACT: Property is in compliance. FISCAL IMPACT: City recovers the costs of administering this case plus an additional $1,000.00 ALTERNATIVES: di y the Board's decision not to exceed $11,675.~ administrative costs. ~Depar~ent Head's Signature ' City Manager's Signature c ent Name City Attorney / Finance / Human Resources S:~BULLETIN~ORMSL~GENDA ITEM REQUEST FORM.DOC The Ci o Bo nton Beach Police Departmen ",4 CFA Accredited La w Enforcement Agency" 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425'0310 Phone: (561) 742-6121 Fax: (561) 742'6838 Marshall B. Gage, Chief of Police Scott Blasie, Code Compliance Administrator LIEN REDUCTION TRANSMITTAL MEMORANDUM Date: July 30, 2003 To: City Commission From: Code Compliance Division RE: Code Compliance Case # 99-2187 In accordance with Ordinance Number 001-07, the enclosed "Final Lien Modification Order" is hereby forwarded to you for review. As required by Ordinance number 001- 07, the following procedures are to be followed: A City Commissioner has seven (7) days from the rendition of the Order to request the City Manager's Office to place the case on a City Commission Agenda for review. (Space provided below for transmittal purposes) [] Said review must occur within thirty (30) days of the request for review. [] Upon such review, the City Commission may take one of the following actions: a. Uphold the Code Compliance Board's recommendation in full. b. Over-rule the Board's decision in full. c. Modify the Board's Final Order. [] The City Commission shall direct staff to take action consistent with their review of the "Lien Modification Order." I, , hereby request the City Manager's office to place the above referenced case on the next available City Commission Agenda for review. Signed on this date, the __ day of ,2003. America's Gateway to the GuI£stream CODE COMPLIANCE BOARD CITY OF BOYNTON BEACH, FLORIDA Petitioner, vs. ANDRE ST. JUSTE/HUDDLESTON Respondent(s). CASE NO. 99-2187 LIEN MODIFICATION ORDER THIS CAUSE came before the City of Boynton Beach Code Compliance Board on the Respondent's application for lien reduction on July 24~ 2003~ pursuant to Chapter two, Article five of the City Code of Ordinances. The Board having considered the application, all the facts regarding the specific code or codes the appealing party was in violation of, the date of the original board heating, the date the affidavit of compliance was issued, the current lien amount and all pertinent information relating to the specific case and being otherwise duly advised in the premises, it is hereupon, ORDERED AND ADJUDGED that: 1. This Board has subject matter jurisdiction of this cause and jurisdiction over the Respondent. 2. The Respondent has met all the lien reduction procedures established by the City Code of Ordinances. 3. The lien imposed by the Board on November 4~ 1999, on the Property located at 925 Greenbriar Dr., Boynton Beach, Florida, with the legal description off BOYNTON ISLES LOT 3, according to the plat thereof as recorded in ORB 03752, Page 1383, is REDUCED TO $1730.15. o o The City shall prepare a release and satisfaction consistent with this Order. The release and satisfaction shall be recorded in the public records of Palm Beach County at the Respondent's expense. This Order is not final until the time period for appeal under the Code has elapsed and if appealed is properly disposed by the City Commission. DONE AND ORDERED after hearing at City of Boynton Beach, Palm Beach County, Florida this~-t~day of 3~A-~ ,2003. ATTEST: CITY CLERK copies furnished: Honorable Mayor and the City Commission City Attorney Respondent S :ca/depts/police/Lien Modification Order Form 2 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 2~,, 2003 Case #99-699 3ohnny Young, Jr. 21! N.E. 26m Avenue Mr. Blasie reported that a citation had been issued on April 8, 1999 for violations of the Community Appearance Code and parking of a recreational vehicle. No one appeared at the Code Board hearing on July 21, 1999. The Board set a compliance date of August 16, 1999 and a fine of $25 per day. The property came into compliance on July 25, 2001. Mr. Blasie noted that the compliance date shown in the agenda backup was incorrect and that it should read July 25, 2001. The accrued fine is $17,700.00 plus $730.15 in administrative costs. Mr. Blasie showed photographs of the property to the Board. 3ohnny Young, Jr., 211 N.E. 26th Avenue, Boynton Beach, stated that he had not received notification of the violations and only learned of them when he tried to refinance the property. Mr. Blasie verified that a certified letter had been returned unopened. He had cemented his three feet of yard so that he could park a recreational vehicle on pavement per Code. He hoped that the entire lien could be voided, in light of his personal financial situation. The Board agreed that the property looked good. Motion Based on the testimony and evidence presented in Case No. 99-699, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Sections 2-8~, through 2-89 of the City of Boynton Beach Code of Ordinances, Ms. Hammer moved that this Board reduce the fines instituted in Case No. 99-699, by virtue of this Board's Order of November 20, 2002, to no fine. Vice Chair Costantino seconded the motion that carried unanimously. Case #99-2187 Andre St. 3uste/Huddleston 925 Greenbriar Drive Mr. Blasie stated that Mr. Huddleston had owned the property when the citation was first issued on August 30, 1999 for an occupational license. No one appeared at the Code Board hearing on October 20, 1999. The Board set a compliance date of November 3, 1999 and a fine of $25 per day. The occupational license was obtained on February 13, 2001. The accrued fine is $11,675.00 plus $730.15 in administrative costs. The home on the property is used as an adult care facility. Andre St. 3uste, 925 Greenbriar Drive, Boynton Beach, stated that he had not been able to obtain the occupational license earlier due to a comment from the Fire Department that he had to have a fire alarm, which is quite expensive. He installed an alarm at the property instead of what was actually required, a smoke detector. The City of Boynton Beach would not issue an occupational license to Mr. St. Juste until he Meeting Minutes Code Compliance Board Boynton Beach, Florida July 24, 2003 got the fire alarm and this accounts for the delay in bringing the matter into compliance. After much discussion, it was determined that this misunderstanding had occurred because Mr. St..]uste had not properly filled out the request for occupational license. The Occupational License Department assumed, apparently, that the house was a commercial facility housing several adults when actually only two adults resided in the house in addition to Mr. St..luste. He got the occupational license in spite of the fact that he did not have to have one, according to the State of Florida. The State of Florida requires an occupational license if there are three or more people occupying a rental property. Mr. St..]uste advised Mr. Blasie that he did not need a license for just two people; however, he obtained a State occupational license anyway. Mr. Blasie agreed, in part, with Mr. St..]uste in that Mr. St..]uste had applied for an occupational license on December 2:[, :[999, but after a fine was already accruing in the case. He reiterated that part of the problem was that the City did not know how many people were actually living at this address because Mr. St..luste did not fill out that part of the request for occupational license form. Once that issue was clarified, Mr. St..]uste is correct and he did not need to have a fire alarm. Mr. Blasie verified that Mr. St..luste had actually gone about 60 days without an occupational license until the fire issue was raised. I~lotion Based on the testimony and evidence presented in Case No. 99-2:[87, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Sections 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Rafkin moved that this Board reduce the fines instituted in Case No. 99-2:[87, by virtue of this Board's Order of October 20, :[999, to $:[,730.:[5 including administrative costs. Mr. Miriana seconded the motion that carried unanimously. Mr. St..]uste did not believe that he should have to pay this because he wanted to get the license but could not because the City would not give it to him until he installed a fire alarm on the property. Mr. Blasie advised Mr. St..luste that he could request that the case be heard before the City Commission if he so desired. The Recording Secretary administered the oath to Ms. Rosalind Morton, who had arrived at the meeting. Case 98-1935 Rosalind Morton 2321 N.W. Ist Street Mr. Blasie stated that Ms. Morton had two cases before the Board but that she had only submitted $200, the amount that is required to hear one lien reduction case. The Code 5 925 GREENBRIAR i/ 12/15/99 12/16/99 12/16/99 12/16/99 12/17/99 12/18/99 12/19/99 12/20/99 12/21/99 12/21/99 Received complaint from Rescue Lt. that on medical response to 925 Greenbriar, the owner/occupant was evasive and tried to keep them from viewing areas of the house. Reviewed records and found facility needs annual life safety inspection and Health Dept. inspection. Found no active occupational license. Talked to Scott Blasie and learned that property was in code compliance process for outstanding violations. Attempted to contact by phone and fax and visited site. No one answered door. Site visit with Kathy Sutton and Charlie Reese, Florida Dept. of Health inspectors with no answer. I asked Fire Rescue personnel what they saw on 12/15/99 and they listed the following: 2. 3. 4. 5. Residents of home unrelated Patients we treated had serious medical histories Person (unidentified by name) always evasive and pushy Noticed multiple beds and mattresses on floor of one room Observed Police Officer there in reference to dispute between owner and our patient. Asked to see ALF license and owner said, "You have no right to ask for that." I contacted the following agency for health care admin, employees to see how he was operating. They stated he had a 19.98 fire inspection we had done but our records showed our last visit was in December of 1997. Robert Perrino Claudette Reisenberg Lynn Quinsey I was told his license would expire on 2/10/2000 and he would have to pass his fire inspection to get a new one. At about 15:30, I spoke to Andre St. Juste, who told me that no one was staying at 925 Greenbriar. When I reminded him that our EMS unit was just there and he needed to have a fire and life safety inspection, he was argumentative and confrontational through entire call. Mr. St. Juste applied for O.L. but had no proof he owned 925 Greenbriar. Mr. Andre St. Juste called to set up inspection. 12/28/99 12/28/99 2/7/00 2/8/00 2/11/00 4/4/00 4/10/00 4/11/00 4/12/00 5/17/00 2/5/01 2/9/01 Deputy Fire Marshal Bob Borden inspected and cited 5 violation categories consisting of a total of 9 violations. O.L. Clerk set up inspections and told Mr. St. Juste that the fire and building personnel would come to inspect (standard procedure). Mr. St. Juste said, "This has nothing to do with the building!" We reinspected 925 Greenbriar and found 3 violations still outstanding. He insisted that we provide him with a report that he corrected 2 of the other violations, so we prepared paper for him. Faxed inspection reports to Lynn Quinsey at AHCA with no other comments. Lynn Quinsey called me to ask if we did any inspections in January 2000, and I told her that we only did a courtesy walk through. I also told her that the property still was not in compliance. All during the month of January, we had conversations between Deputy Fire Marshal Borden and Mr. St. Juste. I called and spoke to a Carolyn Kaim and requested a reinspect of the property and she said she would call back. I faxed copies of outstanding violations to Carolyn Kaim at her request Mr. St. Juste and Carolyn Kaim showed up at the Fire & Life Safety Office to set up reinspect for 09:00 on 4/11/00. Conducted reinspection with Deputy Fire Marshal Borden and found that 3 categories of 7 total violations were still outstanding. No change from 2/7/00 reinspection. Sent letter to Mr. St. Juste on 4/11/00 explaining that although he corrected two (2) violations, he still had seven (7) more. I told him to contact us when he was ready for reinspection. Faxed copy of letter to Lynn Quinsey, AHCA. Deputy Fire Marshal Borden had delivered violation letter to Mr. St. Juste. I provided copies of all fire codes to Mr. St. Juste and spoke to Eric Lyons of Security & Alarm Company re: fire alarm needed. Mr. St. Juste applied for occupational license Mr. St. Juste passed fire and life safety inspection. VZ1'1'.-PUBLZC HEARZNG ZTEM A. CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates Date Final Form Must be Tumed in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) [] August 19,2003 August 4, 2003 (Noon) [] October 21,2003 October 6, 2003 (Noon) [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noon) · [] September 16, 2003 NATURE OF AGENDA ITEM September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (Noon) [] Administrative [] Legal r~l._l Announcement r~ New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing " [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the September 2, 2003 City Commission Agenda under Public Hearing. The Planning and Development Board with a unanimous vote, recommended that the subject request be approved, subject to all staff comments. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-200. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Boynton Commerce Center (ABAN 03-009) Winston Lee Nayrot Realty, Inc. Southwest comer of 1-95 and Woolbright Road Request for an abandonment of a portion of an existing regress/egress and utility easement on Lot 3B of the Boynton Commerce Center PID. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: y~j N/A Developrfifnt IS~par~m-ent DirectOr City Manager's Signature Planning and Zoning ffhTffctor City Attorney / Finance / Human Resources G:LHolding folder to transfer~Agenda Item Request Boynton Commerce Ctr ABAN 03-009 9-3-03.dot S:X, BULLETINWORMSXAGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO, PZ 03-200 TO: THRU: FROM: DATE: SUBJECT: Chairman and Members Planning and Development Board Michael W. Rumpf~'~'~X"-~- Planning and Zoning Director Maxime Ducoste-Am~dbe ~ Planner August 18, 2003 BOYNTON COMMERCE CENTER Lot 3B (ABAN 03-009). Abandonment of a portion of an existing Ingress / Egress and Utility Easement, Being a portion of Parcel 3B, BOYNTON COMMERCE CENTER. NATURE OF REQUEST The agent for Boynton Commerce Center Lot 3B, Winston Lee of Winston Lee and Associates, Inc., is requesting to abandon a portion of an existing Ingress / Egress Utility Easement, located on the north portion of Parcel 3B in the Boynton Commerce Center PID. This request was submitted on May 5, 2003. It is described as follows: A portion of an existing Ingress / Egress and Utility Easement, Being a portion of Parcel 3B, BOYNTON COMMERCE CENTER according to the Plat thereof, as recorded in Plat Book 46, Pages 126 and 127, in the Public Records of Palm Beach County, Florida. The location map attached as Exhibit "A" shows the general vicinity of the easement to be abandoned. The attached Exhibit "B"- shows the location of the proposed abandonment on the subject property and includes a detailed location of the easement 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 Developed retail commercial use (Lowe's) zoned C-3 and farther north is right-of-way for Woolbright Road and developed commercial properties zoned C-3; South - Parcel 3-C of Boynton Commerce Center, PID, industrial uses, zoned PID; East Right-of-way for S.A.L. Railway and father east is right-of-way for Interstate 95; and West Right-of-way for Corporate Ddve then Parcel 3-H of Boynton Commerce Center, PID, used for parking and zoned PID, and farther west is right-of-way for L.W.D.D. E-4 Canal. BACKGROUND On June 2, 1998, the City approved the master plan for the Boynton Commerce Center Planned Industrial District (P. I. D.). A 65-foot wide easement, which runs east to west, currently functions as a means of ingress / egress to the Parcel 3A (Lowe's) and the subject parcel (Parcel 3B). The south portion of this 65-foot wide easement is located on Parcel 3B and functions as a roadway swale and drainage retention. The applicant has the intention of vacating the southern portion of the existing 65-foot ingress/egress and utility easement, which represents approximately Page 2 Memorandum No. PZ 03-200 ABAN 03-009 ,'~irty (30) feet to facilitate the development of an industrial project (see Exhibit "C"- Boynton Commerce Center Lot 3B Site Plan). This reduction would not reduce the width of the actual driveway, but simply remove from the easement, in part, that portion to be occupied by parking areas for the subject project. Once this easement is vacated, this area will be used for parking area for the proposed site plan. A new six-foot (6) wide utility easement will be dedicated to Bellsouth for their underground conduit. ANALYSIS Pursuant to Chapter 22, Article III, Section 4, public notice was given to the property owners that abut the easement 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 Public Works/Utilities Planning and Zoning PUBLIC UTILITY COMPANIES Florida Power and Light Bell South Florida Public Utilities Company Cable Company (Adelphia) Cable Company (Comcast) Approval with conditions (See Exhibit -"D") No objection No objection No objection No objection No objection No objection N/A RECOMMENDATION Staff recommends that this request to abandon a portion of the existing ingress /egress utility easement as described above, be approved, subject to the comments included in Exhibit "D" - Conditions of Approval. Any conditions required by the Planning and Development Board and the Commission will be placed in Exhibit "D" - Conditions of Approval. xc: Central File S:\ Planning\SHARED\WP~PROJECTS\Boynton Commerce C~ Boynton Commerce Ctr Lot 3B~ASAN 03-OO9~taff report.doc Location Map BOYNTON BEACH COMMERCE CENTER LOT 3 B EXHIBIT "A" -R1 ~ PCD ,i C3 N SKETCH AND ~ 'SCRIPTION BOYNTON C0MME~CE CENTER PORTION OF EASEMENT TO BE VACATED E×IST1NC 50' INGRESS. EGRESS G: UTILI'~' EASEMENT (PER PLAT) N 02'21 '3 2"E z3= 16'17'08" 56.54' DO' EXHIBIT "B" NOT TO SCALE P.O.C. S.W. CORNER PARCEL 3B (P.0. 4.6, PG. 126, P.B.C.R.) ill OF ISKETCH NOT VALID WITHOUT SHEET 1,2 & 5 I REVISIONS AVIROM &ASSOCIATES, INC. SURVEYING &: MAPPING 60 8.W. 2ND AVENUF-, 8UFT'~ 102 BOCA RATON, FLORIDA 88482 TEL, (8~) 382-2584. FAX (5~) 384-~25 ~2~ A~R~ ~ ~X~ ~N~ ~ ~ RE~. JOB N0.4109-40 SCALE: NOT TO SCALE DATE: 05/05/0.3 DRAWN BY: C.L.P. SHEET: _5 OF: 5 EXHIBIT "0' EXHIBIT "D" Conditions of Approval Project name: Boynton Commerce Center Lot 3B File number: ABAN 03-009 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: 1. The approved site plan will return for minor modifications to adjust some X of the parking spaces, where feasible, to increase the backup space dimensions where abutting the access easement on the north side of the structure. 2. The applicant's engineer shall prepare a traffic-calming program targeted X to slowing down the inbound service trucks speed as they approach the auto parking spaces, which back into the ingress/egress easement. 3. Additionally, the applicant and developer shall commit to making sure all X existin~ utilities will be provided adequate easements. BUILDING DIVISION Comments: None X PARKS AND RECREATION Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None PRIVATE UTILITIES Comments: 4. Adelphia: None. X 5. Florida Power & Light: None. X 6. Florida Public Utilities Company: None. X 7. Bellsouth: None ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be deter.fined. S:\Planning\SHARED\WP',PROJECTS\Boynton Commerce Ctr~ Boynton Commerce Cfr Lot 3B~ABAN 03-009\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Boynton Commerce Center Lot 3B ABAN 03-009 APPLICANT'S AGENT: Winston Lee - Winston Lee & Associates, Inc. APPLICANT'S ADDRESS: 1532 Old Okeechobee Road #106 West Palm Beach, FL 33409 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 16, 2003 TYPE OF RELIEF SOUGHT: Request abandonment of a portion of an existing Ingress/Egress and Utility Easement. LOCATION OF PROPERTY: Boynton Commerce Center PID between Woolbright Road & Golf Road 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: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 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". 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. 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:~PlanningXSHARED\WPXPROJECTS~Boynton Commerce Ctr~Boynton Commerce Ctr, Lot 3BXABAN 03-009~X).doc V] t'I.-PUBLIC HEARING ITEt4 B. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] August 5, 2003 [] August 19, 2003 [] September 2, 2003 [] September 16, 2003 NATURE OF AGENDA ITEM Date Final Form Must be Turned in tO City Clerk's Office Requested City Commission Meetin~ Dates Date Final Form Must be Turned in to City Clerk's Office July 14, 2003 (Noon.) [] October 7, 2003 August 4, 2003 (Noon) [] October 21, 2003 August 18, 2003 (Noon) [] November 5, 2003 September 2, 2003 (Noon) [] November 18, 2003 September 15, 2003 (Noon) October 6, 2003 (Noon) October 20, 2003 (N ,.o,.6'~ November 3, 2003 (N~ [] Administrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation cra [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the September 2, 2003 City Commission Agenda under Public Hearing. The Planning and Development Board with a unanimous vote, reconCnended that the subject request be approved, subject to all staff comments. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-202. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Arby's (COUS 03-004) Robert Basehart, Basehart Consulting, Inc. Schiappa Foods Corporation, Inc. South side of Old Boynton Road immediately west of entrance to Walmart Supercenter Request for site plan/conditional use approval for a 3,094 square foot fast food restaurant with a drive-through facility. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: ~ N/A Developmera,,Dep~t C'l'ty Manager s Signature Planning and Zoni~l~rector City Attorney / Finance / Human Resources SSPlanning~SHARED\WP~PROJECTSL&RBY'S~Agenda Item Request Arby's COUS 03-004 9-2-03.dot S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC TO: TH RU: FROM: DATE: PRO.1ECT: REQUEST: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-202 Chairman and Members Planning & Development Board Michael Rumpf Director of Planning and Zoning Eric Lee .lohnson, AICP ~,~/~,' Planner August 19, 2003 Arby's / COUS 03-004 Conditional Use approval for a drive-through facility Property Owner: Applicant/Agent: Location: Existing Land Use/Zoning: Proposed Land Use/Zoning: Proposed Use: Acreage: Adjacent Uses: North: South: East: West: PRO.1ECT DESCR,I:PT]:ON Schiappa Foods Corporation, Incorporated Mr. Robert Basehart / Basehart Consulting, Incorporated Southside of Old Boynton Road, approximately 800 feet west of Winchester Park Boulevard (see Exhibit "A" - Location Map) Local Retail Commercial (LRC) / Community Commercial (C-3) No change proposed Fast-food restaurant with drive-through facility 41,382 square feet (0.95 acres) Right-of-way for Old Boynton Road and farther north is developed commercial (Boynton Beach Shopping Mall), zoned Community Commercial (C-3); Wal-Mart Supercenter zoned Community Commercial (C-3); Main access drive for the Wal-Mart Supercenter, and farther east is retention area for the Wal-Mart Supercenter, zoned Community Commercial (03); Developed commercial (Quarterdeck Restaurant) zoned Community Commercial (C-3). Arby's - COUS 03-004 Page 2 Memorandum No. PZ 03-202 BA(~K~ROUND Mr. Robert Basehart, agent for Schiappa Foods Corporation, Incorporated is requesting conditional use / new site plan approval for a fast-food restaurant with a drive-through facility. The subject lot, Parcel 3, is an original out-parcel from the Wal-Mart Supercenter project. ]~t is the last remaining vacant parcel in the shopping center. The proposed fast-food restaurant is a permitted use in the C-3 zoning district but the drive-through feature requires conditional use approval (see Exhibit "D" - Justification). The drive-through facility would be located on the east portion of the proposed stand-alone building. The drive-through facility, if not for the buffering, would be very visible from Old Boynton Road. The proposed buffering and landscape material will be discussed later in this staff report. The facility would have one drive-through lane, running much of the length of the eastern fac;ade. The parking is shared throughout the entire shopping center. If approved, the construction of the building, drive-through facility, and installation of plant material would occur in one (1) phase. STANDARDS FQR EVALUATZNG CONDI'T~ONAL USES AND ANALYSZS Section ll.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. The Planning and Development Board and City Commission shall consider only such conditional uses as are authorized under the terms of these zoning regulations and, in connection therewith, may grant conditional uses absolutely or conditioned upon the conditions including, but not limited to, the dedication of property for streets, alleys, recreation space and sidewalks, as shall be determined necessary for the protection of the surrounding area and the citizens' general welfare, or deny conditional uses when not in harmony with the intent and purpose of this section. In evaluating an application for conditional use approval, the Board and Commission shall consider the effect of the proposed use on the general health, safety and welfare of the community and make written findings certifying that satisfactory provisions have been made concerning the following standards, where applicable: 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. Comparable to out-parcels located/n Planned Commercial Development Districts, this project would utilize exist'rig access dr/yes of the Wa/-Afart Supercenter. Current/k, the shopping center has three (3) main points of ingress / egress. Only one of the three points of ingress / egress/s located on Old Boynton Road. The subject out-parcel's east property//ne (of Lot 3) shares the western//m/ts of the Wa/-Alart Supercenter's main access dr/ye into the shopping center. The other two points of ingress / egress of the Wal-Mart Supercenter are located on Winchester Park Boulevard. None of the three access points would be altered as a result of the proposed site improvements. The subject out- parcel would have two (2) drfvewa? openings onto an ex/'st/ng Wal-Mart Supercenter internal dr/ye Arby's - COUS 03-004 Page 3 Memorandum No. PZ 03-202 aisle. One opening would a/low for ingress while the other would a/iow for egress. Wal-hCart has a cross access agreement that connects ail out-parcels to a/iow for circulation throughout the center. Off-street parking and loading areas where required, with particular attention to the items in subsection 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 restaurants is based upon the ratio of either one (1) parking space per 2.5 seats or one (1) parking space per 100 square feet of gross floor area, whichever is more stringent. The site p/an (sheet C-2) shows that the proposed restaurant would be 3,2~t6 square feet in area. The floor p/an (sheet A-l) shows that 48 seats are proposed. Therefore, the proposed restaurant would require a total of 33 parking spaces. Parking areas would be located on the east and west sides of the building. Vehicular circulation would be maintained throughout the entire lot. The proposed loading zone would be located on the south side of the building. It shares space with the drive-through lane. The applicant wi// time the deliveries to avoid conflicts with drive-through customers. Staff supports this shared use of space. 3. Refuse and service areas, with particular reference to the items in subsection 1 and 2 above. The dumpster enclosure would be located at the southwest corner of the lot. The refuse and service area would be located in an area that would be unobtrusive to pedestrian and vehicular traffic and unnoticeable from Old Boynton Road. The dumpster location is positioned in such a way to facilitate efficient removal of trash. 4. Utilities, with reference to locations, availability, and compatibility. Consistent with Comprehensive Plan policies and city regulations, all utilities, including potable water and sanitary sewer are available for this project. 5. Screening, buffering and landscaping with reference to type, dimensions, and character. No wet/and dependant endangered/threatened spec/es or spec/es of spec/a/concern were observed on-site, and submitted/nforma~bn indicates that potential use of the site by such spec/es/s m/n/ma/. The site has been cleared and no vegetation exists except for the ex/sting required per/meter landscaping around the greater Wa/-t~lart Supercenter project. The landscaping along the per/meter of the Wal-Mart Supercenter (north of the subject site) would remain unaltered. The landscape p/an (sheet LA-l) shows that five (5) ex/sting Green Buttonwood, six (6) Orange Geiger, and one (1) Live Oak trees would be preserved along the north property//ne (H/a/-Nart $upercenter landscaping). Additional hedges and groundcover would be provided as needed. For example, additional landscaping would be required along the east property fine to screen the drive- through facility. The intent of Chapter g, Community Design P/an, Sect/on 11.H. is to screen the drive-through feature as much as possible from the adjacent right-of-way (Old Boynton Road). This chapter requires that drive-through windows that face rights-of-way be screened or hidden through architectural design and specific landscaped areas (such as a berm). The landscape plan (sheet LA- 1) shows that three (3) Live Oak trees are proposed at the northeast corner of the site to specifically Arby's - COUS 03-004 Page 4 Memorandum No, PZ 03-202 help screen the drive-through window from Old Boynton Road. A/so, the landscape plan (sheet LA- 1) and cross-sect/on (as shown on sheet LA-3) shows the landscape material that would "hide" the drive-through fac#ity. A landscape island is proposed east of the drive-through window. The p/ant material proposed within this is/and includes five ($) Sabal palm trees and Viburnum hedges. For the purposes of site p/an review, the proposed cross-sec~'on and landscape buffer are sufficient for Board and City Commission review. However, at the t/me of permitting, the final landscaping (cross- sectJ'ons) would be reviewed and approved by the City Forester/Environmenta#st to ensure absolute compliance with Chapter g- Community Design (see Exhibit "C"- Conditions of Approval). Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. This conditional use app//cat/'on proposes three (3) wa//signs for the Arby's Restaurant. The wa// signs are proposed on the left (east), front (north), and right (west) s/des of the building. A note on the elevations (sheet A-2) indicates that the signs would be "3 feet high, provided by owner, verify location': Since no colors are shown on the elevations, staff recommends that the red Arby's wa// signs (as shown on the colored rendering) be as close as possible to the "Chinese Red" /n order to be more compatible w/th the awning and accent colors (see Exhibit "¢"- Conditions of Approval). Co#eot/rely, the total wall s/gnage area would have to comply w/th Chapter 21, Art/de IV, Sect/on 3. C of the Land Development Regulations. The applicant is proposing one (1) monument sign to be located in the northwest perimeter buffer along Old Boynton Road. Although not shown as a detail, this freestanding monument sign must be consistent with the Wal-Mart $upercenter Master Plan Design Standards. These design standards are more restrictive than the City's normal sign code. For example, the ground sign must be of concrete or masonry construction with a solid stucco finish that is consistent with the Wal-Mart sign and acceptable to City stalT. Outparcel sign co/ors shall be compatible with building colors. Nonetheless, in order to be more consistent with previously approved projects, staff recommends restricting the monument sign to eight (8) feet in height and placing the address at the top of the structure (see Exhibit "C"- Condit/'ons of Approval). 7. Required setbacks and other open spaces. The proposed building and drive-through lane would meet a# setback requirements of the C-3 zoning d/strict. The width of the Wal-Mart Supercenter landscape buffer (10 feet) along Old Boynton Raod would remain intact. 8. General compatibility with adjacent property and other property in the zoning district. In general, the proposed use is compatible with the commercial uses of the ex/sting shopping center and the C-3 zoning district. There would be minimal on-site impact and no adverse effects would occur from the fast-food restaurant use. During the permitting process, the drive-through lane would be adequately screened from Old Boynton Road and would have little or no impact on the adjacent properties or the surrounding area. The proposed building, colors and roof material are compatible with the existing buildings in the shopping center. It must be noted that the applicant and staff collaborated on a bu#ding design and co/ors palette that not only maintained Arby's "corporate Arby's - COUS 03-004 Page 5 Memorandum No. PZ 03-202 image" but also b/ends in with the rest of the shopping center. The proposed S-tile roof, building and accent co/ors, wa/i-mounted lighting fixtures, exterior finish, sign co/or, and faux window would enhance the building and overall experience in the Wa/-Nart Supercenter. 9. Height of building and structures, with reference to compatibility and harmony to adjacent and nearby properties, and the city as a whole. The maximum allowable height for the C-$ zoning district is 45 feet. The building is designed as a one-story structure. The top of the parapet wa//would be approximately 17 feet - five (5) inches tail. A/though not dimensioned, the elevations (sheet A-2) show that the peak of the hip roof of the tower features would r/se only slightly above the parapet. These bu#d/ng heights are proposed we// be/ow the max/mum height a/lowed in the C-3 zoning district. The proposed building height of Arby's is comparable to the building height of the quarterdeck Restaurant. S/mi/ar/y, the max/mum roof height of the pitched roof of the faux towers on the quarterdeck building is 23 feet. The top of the parapet (majority of the roofline) on the quarterdeck building is 17 feet- 10 inches in height. 10. Economic effects on adjacent and nearby properties, and the city as a whole. The proposed fast-food restaurant and drive-through would constitute additional convenience and choice for the City res/dents. The proposed restaurant would front on a major arterial (Old Boynton Road) and is in close proximity to Interstate gs. This, with its close proximity to neighboring, noteworthy commercial development makes the proposed site an ideal location for this type of use. This store would represent the only Arby's currently in the City Of Boynton Beach. 11. Conformance to the standards and requirements which apply to site plans, as set forth in Chapter 19, Article I! of the City of Boynton Beach Code of Ordinances. (Part 1~1~! Chapter 4 Site Plan Review). With incorporation of staff comments, the proposed project would comply with ali 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.N. of the Land Development Regulations, Chapter 2; also, conformance to the City of Boynton Beach noise Control Ordinance. With incorporation of all conditions and staff recommendations contained herein, the proposed fast- food restaurant and drive-through facility would operate in a manner that is in compliance w/th the above-referenced codes and ordinances of the City of Boynton Beach. RECOMM ENDA'r~0N. ]:t should be noted that the preferred location of the drive-through window is at the south side of the building. However, staff acknowledges that the size limitation of the lot coupled with the configuration of the standardized Arby's "shell" building makes it difficult to be feasible. Therefore, based on the discussions contained herein, compliance with development regulations, and consistency with the Comprehensive Plan, staff recommends that this request for conditional use be approved subject to satisfying all conditions of approval as contained in Exhibit "C" - Conditions of Approval. Furthermore, Arby's - COUS 03-004 Page 6 Memorandum No. PZ 03-202 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. Ell S: \ planning',S h:~'ed\Wp~ Proj~:ts\A RB Y'S\Sla. ff Rgport,doc Location Map ARBY'S EXHIBIT "A" R31 i, SITE I PCD 800, Feet EXHIBIT "B",. EXHIBIT "b : B ~;"i lq I lip EXHIBIT "B" 4 EXHIBIT "B" jilli .~ '; ', ' ~ i ~. J ,! I q.. I., - · ,, t.,,t , ,'-- · . ,, , ~. .... '"Ii' ' ~ ~ · · ~ .~;J.. I..ii .... -. - : J .~ ,,il ~iil. ,,, t,. I I : . itt J ., ; Ii Id Il Iii i I ~li ~ i,i iI !II I . i~ lq ', 'q 111 t," "i !, - il :::jill: ,::! ,i ~ ,. ] . !. - . .... I,J , ',,! , ~,-t,,~ ,., J~,i,,..: ~ .il -~ al/ . : - I ,1, l.-,l,:) ~ I ! i~ t ~ tl l I II ' Id tifll,l '! ' ~tt, :t - ~;:; ~;~ i~ .. ~ , -., ,~ -Ill ~ ..... ~~~ ~ . Iii ~ .id ,iiiI.~!,, I ' .i,lh,l.l.l,,"l, j , : ~II~ lli~' l,v .,i. ~l~i~ ~,~ i, ' ' ' '",,"" '". " ;~ i ~i ~ill I'Jq Ij~ ~ ,I ~ ' ' , ~11 , ,t I i . ~ .... ~:~=, i 1. , ,.I,,b' I~ ~i ~l~i,~ .t, l tl,,,,~u , ~,~ - ~ ~- . J , ~ " ~- ~ ~ i ~: ~J'HIll!, I~, / ~ i !IP ~...~, 1, !~! ~ '~ :i/~i...i,~ii,i,;~i:'';" J~J~'il /?~,', ,~..'., ".,',,',,, ', ..,~ . .. ,,.:i. ., ,,t j ,,~, ,, .~ ; ,,,!, ~ ,i 1,1"il I. r ~1 ~ ,.-, ............... ~,- , ~ ~~ .fl. 1, l ilJ~-, , _g, ~I!: , ? ,.,!t,,~ ~,~, .,,. t, . ,, i,~ ~'~ s , i, ,1,.1, :,, t,,.,i~ II ,I,!~ 11: '! 1'4 t EXHiB1 ! '8" lit 4 % \ I! I i '/ EXHIBIT i'B" ~A aoo__~aa br.. EXHIBIT "B" ii EXHIBIT "B" EXHIBIT "B" 1' EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" ' EXHIBIT "B" · ., :> ~ ' ;~ ..... ' ' ' :' ?i · ~ - - ' m~ - ' ~ ~i I %, . .. · '-'"-~ .......... ]i l! ' I '~ ' · "'', i~ ' I' · :, ..... , .... f~. ~ · -. ~.* :'",::,-: i i -, : i i i: :: l ,,, ..... ., _ ._,,,,,.... EXHIBIT "B" ~q ~ -,',,~. ii"~{, i~; i[ '"'!' i~i :;~ }!ll~! !ii {{: ,m,, ,-,,- f1 '"': iii {IJ l}i ;,,,~, ,:~ ,,-,, "-" '~}li!il., i" il ~ · "~ 'q'l, I'i ~ i{ "':": ,' ~i Bi{ '"" ;,:.r,~ :" Ji '"" !iii '""~::' ~,,,, .".,iii {j ~''~ ~', I?~ !lit Il ~;~,", ,Il i ;i~ ,{~' ,,,,~,,:, '.',, i ':1! Il,ti,ilI il {ii '-,:~ Il ~lli !'J :, {i{~ "" :,::,,,, I; .ilii "tll i,'ll ? ",.'.' i i ,,,: :~-" "t ~!;,, Ii ~t~,i,,,"" ,';"': ~"'"""" '"" ":',, ,'iii '!Ill l,{j i~ll ill| '~' 11,i illl;J l,,;[i Iq;ll !111~< fiji Illtli IlJh~ ;iih! 'till · ILt iii i Iii i~i ill ' {i il {i Ii !I ;I fi !t t 1t Iii " [.:,i. i{ "' '" ' · , ' 't. · "" ~! {i~ ,,, ':,',:,, ,,'t,', '} ,.It'~: {i Iii;! :~, {Ii ,. · " '-":' 'ltd l~. "" 1{, l! ~it ii! Ii ,iil{l tI, ti '--i.,', " ,,,dill ii i~lll {! ""' {.!~.,.:,! f~ :,,, :l:~ il "' i l Jill !il i ' "di ,,,,,,,,, .:.,,,,,,,, ,,,, ',,,,, i.,,,. ,,,,,,,' "~:, ,,,, ! ':. il ,I, ,{ !:."... ,,,,,.,.{ !i il ! il" ":'""' : ,,,,,:, , Ii i I'l '¢ !Iii';'If;il ' ! '"' ~ "'" !1' i , ! {ii '"-'~ Il.' ,~ EXHIBIT "B" I ilii EXHIBIT "B" EXHIBIT "B" I® EXHIBIT "B" I I jill !! !| ~.,~!' ii I~;II IiJ'l J !11'[!!I'! EXHIBIT "C" Conditions of Approval prOJect name: Arby's File number: COUS 03-004 Reference: 3ra review plans identified as a Conditional Use with an August 12, 2003 Planning & Zoning date sham ~rking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: 1. Prior to permit application contact the Public Works Department (561-742- X 6200) regarding the storage and handling of refuse. 2. Indicate by note on the plans at time of permitting that the required gates for X the dumpster shall contain long steel rods to drop into the pavement in order to secure the gates in the open and closed positions. Drilled holes (for concrete) or metal sleeves (for asphalt) shall be provided for the lockin~ rods. PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: 3. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m, as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is ~eater (CODE, Section 26-1 Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: 4. The lighting design shall provide a minimum average light level of one foot- X candle. As proposed, lighting levels are well in excess of this requirement. Glare that is readily perceptible at any point at or beyond the property on which the use is located is prohibited (Chapter 2, Section 4.N.7). Lighting shall not be used as a form of advertising in a manner that draws more attention to the building or grounds at night than in the day (Chapter 9, Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Section 10.F.5). Staff recommends reducing the lighting levels to no more than 6 foot-candles. Please revise the photometric plan at the time of p~ccdtting. 5. On the photometric plan (sheet C-6), specify that the light poles shall X withstand a 140 MPH wind load (LDR, Chapter 23, Article 1I, Section A.l.a and Florida Building Code). Provide a note that the fixtures shall be operated by photo-electrical control and are to remain on until 2:00 a.m. (Chapter 23, Article II, Section A. 1.a.). On the lighting plan, include pole wind loading and pole details in conformance with Chapter 6, Article IV, Section 11, Chapter 23, Article I, Section 5.B.7 and Chapter 23, Article II, Section A of the Land Development Regulations. Lighting shall be directed away from any residential uses (Chapter 2, Section 4.N.7). 6. Sidewalks adjacent to parking lots shall be continuous through all driveways X and shall be six (6) inches thick within driveways (LDR, Chapter 23, Article II, Section P). Either apply for a sidewalk waiver or add a sidewalk along the south property. 7. At the time of permitting, full drainage plans including drainage calculations X and site master drainage plan will be required in accordance with Chapter 6, Article W, Section 5 of the Land Development Regulations. 8. Paving, Drainage and site details will not be reviewed for construction X acceptability at this time. All engineering construction details shall be in accordance with the applicable City of Boynton Beach Standard Drawings and will be reviewed for constructability at the time of construction permit application. BUrl.DING DMSION Comments: 9. Buildings, structures and parts thereof shall be designed to withstand the X minimum wind loads of 140 mph. Wind forces on every building or structure shall be detcmfined by the provisions of Chapter 6 of ASCE 7, and the provisions of Section 1606 (Wind Loads) of the 2001 FBC. Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of permit application. 10. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 11. A water-use permit for the irrigation system is required from the SFWMD. A X copy of the permit shall be submitted at the time of permit application, F.S. 373.216. 12. Grease interceptor shown on sheet C-4 shall be designed and constructed to X comply with Sections 1003.3 through 1003.5 of the 2001 FBC, Plumbing. DEPARTMENTS INCLUDE REJECT PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: 13. Fifty percent (50%) of site landscape materials must be native species X (Chapter 7.5, Article Il, Section 5.P). On the landscape plan plant list (sheet LA-1), separate the trees from the groundcover / shrubs. Show tabulations to document that at least 50% of landscape material is native. 14. The cross-section (sheet LA-3,) representing the two (2) landscape bca~s is X inadequate to screen the drive-through feature. At the time of permitting, provide a more detailed cross-section of the two (2) proposed landscape berms, accurately showing their dimensions. The cross-section shall also include the following: plant spacing, plant specifications, and plant quantities. 15. The Old Boynton Road and contiguous Wal-Mart 72 foot wide driveway X access road fight-of-way must receive sod and irrigation coverage (Chapter 7.5, Article II Sec. 5.C. 2). PLANNING AND ZONING Comments: 16. Ensure that all the proposed plant quantities correspond between the graphic X illustration and the plant list. 17. Obtain consent from Wal-Mart to install the landscape material along their X northern property line. 18. All trees are required to be at least 12 feet overall height at the time of X installation (Chapter 7.5, Article II, Section 5.C.2.). 19. All shrubs and hedges are required to be at minimum 24 inches in height, 24 X inches in spread, and planted with ap-to-tip spacing measured immediately after planting to adequately cover the planted areas on the site (Chapter 7.5, Article II, Section 5.C.4.). 20. The north and east landscape buffer shall contain sufficient landscaping to X meet the intent of Chapter 7.5, Article II, Section 5.D and Chapter 9, Section 11 .H.4 through Chapter 9, Section 11 .H.7. At the time of permitting, the City Forester / Environmentalist will oversee and ensure compliance with the aforementioned code references. 21. The cross-section of the landscape buffer does not show the height of the X proposed plant material. At the time of permitting, submit a cross-section to the satisfaction of the City Forester / Environmentalist. Conditions of Approval 4 DEPARTMENTS INCLUDE REJECT 22. Provide a detail of the monument sign, including the exterior finish, colors, X sign type, and dimensions. According to the Wal-Mart Center Master Plan Design Guidelines, the maximum allowable signage area on a monument sign is 48 square feet on each side. The sign may not encroach into the required front landscape buffer. In addition, clearly identify the site address at the top of the monument sign (Chapter 21, Article IV, Section 2.B.). 23. All project signage is subject to review and approval of the Planning & X Development Board. On the elevations, indicate the cumulative area of all wall signage to ensure that it complies with Chapter 21, Article 4, Section C.). In addition, indicate the letter colors and sign material. 24. Based upon the area of the proposed building, the restaurant would require 33 X spaces, not 32 as indicated in the site plan tabular data. At the time of permitting, correct the site plan tabular data to reflect the correct number of required parking spaces. Also, the label for each parking row should accurately reflect the number of proposed spaces within each row. 25. Pursuant to Chapter 2 - Zoning, Section 11.2 Conditional Uses, a time limit X 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 secure a building permit. 26. Collectively, the total wall signage area would have to comply with Chapter X 21, Article IV, Section 3.C. Staff recommends that the red Arby's wall signs (as shown on the colored rendering) be as close as possible (in color) to the "Chinese Red" in order to be more compatible with the awning and accent color. 27. In order to be more consistent with previously approved projects, staff X recommends restricting the monument sign to eight (8) feet in height and placing the address at the top of the structure. The letter color on the monument sign should match the wall sign letter color. Regardless, the structure must be setback at least 10 feet from all property lines (Chapter 21 Article ffI, Section 5). 28. Staff recommends using the same type of wall-mounted lighting fixtures that X was used on the Quarterdeck Restaurant. However, instead of green, the proposed wall-mounted lighting fixtures on the Axby's building should be either "Cookies in Cream" or "Powder White" in color. 29. Staff recommends that the two (2) awnings proposed over the drive-through X window and the faux window (as shown on sheet A-2) should be placed on the wall at the same height as the other proposed awnings. Also, these two (2) awnings should be the same dimension as the other awnings. This would help to camouflage the drive-through window. 30. Instead of red, staff recommends usin~ a softer color such as "Cookies in X DEPARTMENTS INCLUDE REJECT Cream" or "Powder White" for the metal coping at the top of the wall (as shown on the colored renderinl~). ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 31. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 32. To be determined. S :~Plannm g~S HA P, ED\WP~PROJECTS~,ARBY'S\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Arby's APPLICANT'S AGENT: Mr. Robert Basehart - Basehart Consulting, Incorporated APPLICANT'S ADDRESS: 333 Southern Boulevard, suite 200 West Palm Beach, FL 33405 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 2, 2003 TYPE OF RELIEF SOUGHT: Conditional use approval for the construction of a 3,246 square foot fast- food restaurant with a drive through facility on 0.95 acres in the C-3 zoning district LOCATION OF PROPERTY: Lot 3 of Wal-Mart at Boynton Beach 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: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant ~ HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 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". 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. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. 'Other DATED: S:\Planning\Shared\Wp~rojects~ARBY'S\DO.doc City Clerk ZX. - CITY MANAGER'S REPORT CITY OF BOYNTON BEACH ITEM A AGENDA ITEM REQUEST FOl v Requested City Commission Meeting Dates [] August 5, 2003 [] August 19, 2003 [] September 2, 2003 [] September 16, 2003 Date Final Form Must be Turned in to CiW Clerk's Office July 14, 2003 (Noon.) August 4, 2003 (Noon) August 18, 2003 (Noon) September 2, 2003 (Noon) Requested City Commission Meeting, Dates [] October 7, 2003 [] October 21, 2003 [] November 5, 2003 [] November 18, 2003 Date Final Form Must be Turned in to City Clerk's Office September 15, 2003 (Noon) October 6, 2003 (Noon) October 20, 2003 (Noon) November 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Discussion of Marina Development Agreement per developer's request for dissolution of the Second Revised Development Agreement. EXPLANATION: The developer of the Marina project has requested that the City Commission consider rescinding 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 fi.om legal counsel for the developer dated April 9, 2003. (Exhibit B) In addition, the City has received a letter fi.om 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 CRMCity Commission, the following parking is provided on the site plan: Regular on grade surface parking: 15 Handicapped on grade surface: 4 Regular Parking Spaces in Deck 725 Handicapped Parking in Deck 15 Townhouse Parking 22 781 Spaces Spaces Spaces (includes parking for condos and commercial uses) Spaces Spaces (not approved yet) 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:~BULLETIN~FORMS~AGENDA 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. 2. Refer the issue of parking matters and property owner association matters to staff for further mediation between the City, CRA, developer and business interests. The staff has conducted one meeting of the participants on May 13th. Department Head's Signature City Manager's Signature Department Name City Attorney / Finance / Human Resources S:'d3ULLETIN~FORMSXAGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 03- t~ O AN ORDINANCE OF THE CITY OF BOY'NTON BEACH, FLORIDA, AMENDING CHAPTER 9, FIRE PROTECTION AND PREVENTION, ARTICLE III. FIRE AND LIFE SAFETY DWISION OF THE CODE OF ORDINANCES, BY AMENDING SECTION 9-29, PROVIDING FOR DESIGNATION AND APPOINTMENT CRITERIA OF THE FIRE MARSHAL AND ASSISTANT FIRE MARSHAL; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.. WHEREAS, t he F ire and Life Safety Division o f t he Fire Rescue Department the City Commission has determined that the current Code language regarding the and appointment criteria of the Fire Marshal and Assistant Fire Marshals has ~ecome outdated and no longer meets the needs of the Department; and WHEREAS, the City Commission has also determined that it is in the best of the citizens and residents of the City of Boynton Beach to amend the Code of to reflect the proper designations, and titles, and make the selection criteria )re flexible to assure the proper individuals, either within or outside the Fire Rescue ~artment, are eligible for appointment. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clauses are true and correct and are now ~ and confirmed by the City Commission. Section 2. That Chapter 9, Fire Protection and Prevention, Article III, Fire Life Safety Division of the Code of Ordinances, Section 9-29, is hereby amended by adding the words and figures in underlined type and by deleting the words and figures in Istruck-through type, as follows: S:,~CA\Orclinances',Fire - Chapter 9'ffire marshall rev.rff Sec. 9-29. Establishment of Division; dv,,c:,~:ation authority of Chiefi designation tnd tenure of Fire Marshal; appointment, title, and tenure of inspectors. A Division of Fire and Life Safety within the Fire Rescue Department of the City )f Boynton Beach, FL is hereby established which shall be operated under the ~upervision of the Chief of the Fire Rescue Department, herein known as the Chief. The and designate ~rc, ....... ~, ......~,~ ~r ~h~ ~'hief shall establish appoin criteria -,, tment ,-n ............................ ::.~ r> ...... r~ ........ person to serve as Fire Marshal, who shall hold this office at he pleasure of the Chief. The Chief may detail such other members of the Fire Rescue Department as Inspectors, to be known as Assistant Fire Marshals, as necessary. The Chief shall establish appointment criteria and shall recommend to the city Manager the ;mployment of one or more F:,r: Pre:'ent:,cn Assistant FireMarshals,ln:¢ectc, r:, who, a, hen such authorization is made, shall be selected, via ~'~ ex~n:,nat~cn, for the position. hee examination shall be open to members and ne, m-..,ember: of the Fire Rescue partment, as well s to outside candidates, and appointments ma~e ."-,ct, er ex,.-.m:,naticn be for an indefinite term subject to the appropriate personnel policies of the City of Beach. 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 t adopted. Section 4.. All laws and ordinances applying to the City of Boynton Beach in conflict with any provisions of this ordinance are hereby repealed. Section 5. 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 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 ICI _ day of ~U~tt~'T ,2003. S:\CA',,OrdinancesXFire - Chapter 9\fire marshall rev.rtf SECOND, FINAL READING AND PASSAGE this ~ day of , 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ;T: Commissioner Clerk ,:\CA\Ordinances~Fir¢ - Chapter 9kfire marshall rev.rtf SECOND REVISED DEVELOPMENT AGREEMENT THIS AGREEMENT entered into as of the 6~ 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 b), 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 Version ! 0.0 6/6/00 This instrument prepared by: James A. Cherof, City Attorney City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, FL 33435 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 l 0.0 6/6/00 Exhibit A - Previous Agreement). Exhibit B - Legal Description, Project (unchanged, See Exhibit A to Conditional Use Site Plan - dated 12.07.98 with revisions through Revision 6, dated 8/10/00. Legal and Equitable Owners (unchanged, See Exhibit C to Exhibit C - Previous Agreement). Exhibit D - Agreement). Exhibit E - Previous Agreement). Exhibit F - Exhibit G - Exhibit H - Agreement). Public Facilities (unchanged, See Exhibit D to Previous Reservations and Dedications (unchanged, See Exhibit E to Intentionally left blank. Intentionally left blank. Conditions of Approval (unchanged, See Exhibit H to Previous Exhibit I - Exhibit J - Exhibit K - Intentionally left blank. Intentionally left blank. Intentionally left 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 10.0 5/5/00 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, Fiodda Statutes. C. This Second Revised Development Agreement supercedes and replaces the Development Agreement, which was recorded in ORB 10899, pages 1772 - 1828 of the Publib 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". o Version 10.0 6/6/00 EFFECTIVE DATE. This Agreement shall take effect as of June 6, 2000. DURATION. The duration of this Agreement shall run until the earlier of: 4 (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. 6u' 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 5/6/00 Boulevard which it shall own subject to the right to have restaurant tables as shown on Exhibit L. B. The DEVELOPER shall complete those Boulevard as depicted on the SITE PLAN by May 7, 2001. improvements to Casa Loma 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 10.0 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. COMPREHENSIVE PLAN. The parties agree that the proposed PROJECT is with the CiTY's Comprehensive Plan and that no Comprehensive Plan 14. consistent 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 conditions set forth in the building codes Or relating to the method of any of the construction. 16. A. CONDITIONS OF DEVELOPMENT. 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 Version 10.0 6/6/00 EXPENSES MAXIMUM VALUE Retail Commercial Restaurant Marine Meters, Deposits and Connection Fees OFF-SITE WATER AND SEWER *8 inch water main in Casa Loma *Wet taps for connection to existing *Water service to property line *8 inch gravity sewer in Casa Loma Blvd. *Service connections to property line *Manholes 12 Sub-total $13,812 $53,781 $27,438 $7,175 $102,206 $16,148 $6,900 $8,625 $43,125 $34,500 $11,500 Sub-total $120,798 o ON-SITE WATER AND SEWER 10-inch water main Fire Hydrants 8-inch water main 8-inch water main *24-inch gravity sewer *Manholes 'Abandon existing sewer in place Sub-total BUILDING FEES $208,169 $13,800 $10,350 $3,519 $13,350 $139,150 $23,000 $5,OOO $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. 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. BOYNTON BEACH BOULEVARD EXTENSIONS. $75,000 Version 10.0 6/6/00 13 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: Ao B. Transportation; and C. Acquisition of the necessary right-of-way, Approval of the extension by the Florida Department of Construction of the extension. The CITY'S obligations are as follows: 1. To obtain the approval of the Flodda 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 $75,000.00. 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; Version 10.0 6/6/00 14 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 request 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 Version 10.0 6/6/00 not to exceed values" fixed by the CITY as the 15 directly funded by the CITY is "the 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. Version 10.0 6/6/00 16 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 throdghout 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: Version 10.0 6/6/00 With a Copy to: City Manager City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, FL 33025 James A. Cherof, City Attorney Josias, Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd. Suite 200 18 AS TO DEVELOPER: Fort Lauderdale, FL 33308 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 10.0 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 dghts 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 dght 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. Version 10.0 6/6/00 21 "" ] ITY O.F~NTQ. N--B E/~.N, ATTEST: .-'/- - "City'Clerk '; .... : o ~:I. ce Mayor Ronal. d We±land -' ..,." ,Z' .~ 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 Rona].d We±].anct, V±ce ~ayor of the City of Boynton Beach and ~ J""~ , 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 thisc~/~-~ day of~l~l ~ ,2000. 4)- My Commission Expires: City Atto~ NOTARY PUBLIC 22 Version 10.0 6/6/00 Witnesses: OCEAN BREEZE FESTIVAL PARK, INC. STATE OF F--L-~=[4~A ) va. 6e,,c ) COUNTY OF ~4~M--BEACH ) I HEREBY, CERTIFY that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared ~o~0 ~..,~ 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 ,personaily known to me (or produced the following type identification:) ' and an oath was not taken. day of Witness my hand and official seal in the County and State last aforesaid this -~o~ ,2000. ~ ~ .:..:.:.::'.:'!..... I~OTAR~(.,)PU BLIC My Commission Expires: 23 Versio~ 10.0 6/6/00 LEGAL Di~~ON: PARCEL 1: Lots 37 and 38 and Dewey's Subdivision, Plat Book 1, page 37 of the Public Records of Palm Bear County, Rorida, less the right-of-way of Casa I. oma 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 l.oma Boulevard and Orange Grove BoulevarcL PAR~r~q 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 Lot 42 as shown in Deed Book 341, page 188) Together with the reversionary imermt, if any, of mortgagor In the right-of- way of Ocean Avenue. PAROa. 3: That plat of Section 27, Township 45 South, Range 43 East, Palm Beach County, Rorida described as follows:. Commence at the Southeast comer of Lot 37, Oewey's SubdMsion, according to the plat thereof recorded in Plat Book :t at page 37 of the Public Records of Palm Beach County, Florida; thence N 7* 14' 10' F., along.the East line of said Lot 37 and along the West right-of-way Ilne of the Tntm~ Watemmy, 2520 feet to. a line 2S.0 feet North of and parallel with the South Ilne of said Lot 37 and the Point of Beginning; hence East, along saki parallel line, 33.85 feet; thence N. 5° 47' 36" F_, 142_02 feet; thence N. 82° S. 45' SO' W., 30.0 feet to the said East line of Lot 37; thence S. 7* 14' 10' W., along saki East line, 146.24 feet to the said Point of Beginning. Areas: Parcels 1 & 2 & 3 = 301,887 sq., lt., 6.93 acres. Location: Northwest comer of Orange Avenue and Ocean Avenue il '/ Il' ~ i51.:.ii '~ '~ i: ~ t~. <( .~i ~ t~:-1,0, ~'~L SET 0~* .om.ms ~-~ ~ ~ D~WINGS ON ~cz/a FILE WITH CITY CLE~ LEGAL AND EQUITABLE OWNERS OCEAN BR~'''/~= FEEI'IVAL PARK, INC., c/o The ESG Companies 11:2.0 Lasldn Road Virginia Beach, VA 2.3451-5'~.10 PUBLIC FAC]].zrzEs 2. The Qb/will design and consa'uct off-site water and sewer facilities sized ~ accommodate the projected build-out capacity of the proJec: The QL'y vail Install traffic and parldng control signs along, the Casa-Loma rigte-of-way. SQ'tEDULE* OF RESERVAT[ON$ AND DEDICATIONS 1. Easement from Ocean Breeze Festival Park, Inc., to the City of Boynton Beach, datad :luna ].4, ].999, Addendum to Easement and Exh brc A (dated 3/1199, Order #80-275 "'F"); 2. Easement from Ocean Breeze Festival Park, [nc., to the OW of Boynton Beach, dated :lune :!.4, 1999, Addendum to Easement and Exhibit"A' Cdated 5119/99, Order #80-275 'G'); 3. Easement from Ocean Breeze Festival Park, [nc, to the Ci~ o.f Boynton Beach, dated :luna 14, ~999, Addendum.to Easement and Exhibit A Cdated 3/1/9g, Order # 80-27:5"E") 4. Easement from Ocean Breeze Festival Park, [nc., to the City of Boynton ..I...~. ch, dated November 4, 1999, Addendum to Easement and Exhibit 'A' (dated 11/3/99, Order #80-Z75 "I") *Reservations and Dedications to be recorded separately. LEFT INTENgSONAI.LY BLaJ4K EXHIBIT "H" Conditions of Aoomval oject name: Boynton Manna ,~e number:. COUS 98-008 Reference: The olans ~'~,nsist of ~ sheets identified as 4th Review. New Site Plan. File ~ COUS DEPARTMENTS INCLUDE REJECT pU_RMC WORKS Co~nts: 1. The dumpster (or vertical compect~r) 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 ff the gates am to be mounted x -on the inside. Steel dowels should be installed to hold the gates open. The l~'u~ must be provided with a turning radius of 55 feet 2. Waste removal in connection with constru~ process must be x serviced by City of Boynton Beach. Place note on dumpster detail 3. All utilities easements shall be shown on the rectified landscaping drawings so that we may determine which trees may interfere with utilities. In general, palm trees will be the only tree species allowed within utility easements. Canopy tmee may be planted outside of the easement so ~ mots and branches will not impact those utilities within the easement in the foreseeable future. I.DR X Sec, 7.5-18.1 glvea public ullllltea the authority to remove any or ptlbllc flghts.~-way. Them -=~Dear to he same very definite C~,";,::~ bet.,.-:--.:~ ~,r._~-.~-,~ ~== and utilities in this submittal, as 4. Department of Health permits will be required for the water and sewer system extensions serving this project. (Sec. 25-12). Show ali existing and proposed water and sanite~ sewer improvements x on the site plan or drainage plan at this time including pipe size, and location. Sar, 28-16 . . 5. Flre flow calculations will be required demonstrating the City Code requirement of 1500 g.p.m, as stated in I.DR Chap. 6, Art., Sec. X 16, or the requirement imposed by insurance underwriters, whichever is c~mater. (Sea ~-~c. 26-16(a)). Fire flow tests results_ Pag~ 2 Boynton Beaah Marina F~e No.: COU$ 98-008 DEPARTMENTS INCLUDE REJECT for the ri'~in on Ocean Avenue have been provided, but tim flow calculations to ~ha on-site hydrants have not. Please submit these calculations with your Health Deparlrnent permit application and plans. 6. Provide proposed elevations, flow a~mws, treatment facilities and an engineer's written certification that drainage will ~ to all rules of the city and the South Flodda Water Management OistricL x (I.DR Chao. 4, Sec 7F'} -- 7. Water and sewer lines to be owned and operated by tho City shall be included within utlllty easements. Please show all existing or proposed easements on the site plan and drainage plan. Tho · .water and sanitary sewer Ilnes to bo situated along tho west side of the project wB require a dear, unenoJmbefM easement of 37 feet (12' for water, 25' for sanitary). All easements shall be X dedicated via separate instrument to the City aa slated in ~ 28- 33(a) of the Code. These easements must be dodlceted within 30 diameter gravity sewer. Provide resclutlon verifying abandonment of the existinc~ utility easements no lonc~er na~l~J_ 8. The drainage plan included in this submittal is dated December 7, 1998, and is similar if not identical to lbo one submitted in December. It has the same drawbacks aa previously mentioned;, namely there 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 tho site plan. Please re-submit a consistent sot of 9, Appropriate bacldlow .p.~ventem will bo required on the domestic water services to llw building~ and'tho flre'sprtnider lines, in x 10. Building perTrdt8 for this project shall not bo issued until this office has approved tho plans for the water and/or sewer improvements required to serve each of those buildings. (Sec. 28-1b'). In eddition, the developer' shall post surety for all offier required improvements for whic~ ha is responsible, and which will not bo x completed before the flint cerlfficate of occupant. (I.DR Chap. Art. V, Sec. 7). This surety will exclude items.to bo installed by or under the direction of the City as stipulated .in Exhibit "I' of the 'Development Acjreemen~. .. 11. Note that tho addition of 229 aparlrnent units greatly intensifies the x use of the site above what was originally anticipated. This change will result in an additional caoital facilities Page 3 Boynmn Beech ~ File No.: COUS 911-008 DEPARTMENTS ' I INCLUDE t REJECT S2~O.000 for water ancl sewer, if approved. The clevetoc)er is therefore fasten'risible far ~nvment of this addffionni fee. 12. The 15-foot utility and roadway easement wast of the platted N.F_ 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 infzastructum inctucling access macls, water and sanitary sewer, regardless of bonding or other surety. For this x · 'purpose, 'lzffzastflJctum' shall be defined a~ potable water, sanitary sewer, drainage, and a second paved access road for service and emen~ancy ~umoses. 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 Develol3ment A(jreement. 15. Standpipe/sprinkler system fire deparl~ent connection is not x shown for the apartment building. BBCC 9-6 16. Dock ~-+~_ndl3 ~i~es__ no farther n_~e~_~ than 200 feel BBCC 9-6' x POLICE Comments: None ENGIN~:~RING DMSlON Comments: 17. All plane submitted for specific permits shall meet the city's code requirements at time of application. These permits include, but ara not limited to the following: site lighting, paving, drainage, x curbing, landscaping and irrigation. Permits required from other permitting agencies, suc~ as FDOT, PBC, SFWMD, DERM, LWDD, DE]= and any others, shall be included with your permit recluest. Page 4 Boynton Beach Marin~ File No.: COUS 98-008 DEPARTMENTS " INCLUDEI REJECT- 18. Pay a fee in lieu of dedication as set forth in Chapter 1, Section 5 x of the LDRs 19. Upon submittal of constru~on drawings for Casa i. oma Blvd. and NE 6~ Street, the applicant shall provide a recant detailed topographic. data, prepared by a land sunmy or registered in the State of Flodda, showing existing condiliom of the area to the south of Casa I.oma Blvd. and the ama east of NE 6~ $1met. x Design drawings for these areas shall show in detail, how public access, including handicap access, i~ to be provided to the facilities of the adjacent properties, Including proposed retaining walls, raml=s, stairs, etc. · · 20. The City 'and the applicant shall jointly participate in extending Boynton Beac~ Blvd. east from its current point of tnrndm~ outlined in Revised Development Agreement and inclicatod on approved plan. Il. DR Chapter 4, Section 8.C., Chapter 6, ArlJcle III, Section 12., Chapter 6, Article IV, $ectli:~n 10, Ctmpt~ 6, x Article IV, Section 10.D., C~apt~ 6, Article IV, Section 10.B., Chapter 2, Section 11.2.D.] This comment shall be read in conjunction with Paragraph 17.G.8 of' the Revised Development Ac~resment. 21 Locate several handicap stalls on the north side of Casa I.~ma Blvd. for accessible mutes to rutail and office space and apartment/retail to provide the shortest accessible route per the x Flodda AccessibiF~ty Code. 22. The applicant shall agree to incc~orate in the dock 'leasing agreements a stipulation disallowing boat tenants from using the public parking spaces along Casa I.~ma Blvd.,NE 6~. St., the private roadway west of the msidanttal building and the first floor of the parking garage for their parking ptulxmes. The dock leasing agreements must also stipulate that live aboards are not allowed x in accordance with the DEl= permit. Provide the City with copies of the l=ml=osed leasinc, I ac~'eemerds for review andann_r r rovaL 23. The applicant shall agree to incorporate in the leasing agreements for all retail .uses a stipulation dleailowing retail employes~ from using the public parking spaces along Caea Lento Blvd., NE 6 Street, the private roadway west of the msidanttal building and the x first floor of the parking garage for their parking purpose~ Provide the City with copies of the proposed leasing agreements for review and 24. The reouimments of the Florida Acc~__s$ibilit~ C_-~_n_ shn_!l be met for X 'Page 5 Boynton Beach Marin~ File No.: COUS 98-008 DEPARTMEN'i~ - I INCLUDE i R~JECT any 13reposed valet Darkinc~. ' 25. Show proposed tuming movements on the Site Plan for access of x Clt~ trash trucks to and from all coml3a_~to__.m and dumpstem. 26. Unless superceded by the Revised Development Agreement, provide the City with the appropriate documents t~ d~si~nsm public access and recmationsl use easements for'the proposed public park at the intracoastar waterway, the pedestrian ~ x between and on the north side of the proposed retail buildings and for the courtyard ama located east of the proposed residential buildtn9. includin9 a walkw~ to the north pn313e~ Ilns of the site. 27... Show proposed public fadlltiss on the site plan and constm~on and use detail of proposed designs for the PmlX~ed Casa loam overlook, Casa I.oma Boulevard. and the public courtyard for review. Plans shall include proposed publi~ amenities such as x benches/seating, trash mcap~u, bike ra .d~.,. drinidng fountains, lighting, landsCal~ing, etc. 28. It appears that the proposed site storm dminsge system will need to be revised to include the courtyard ama east of the proposed residential building and that this revision will r~lulm approval of the DEP. The applicant shall give strong ccmsideratlon to the possibility of relocating the storm drainage outfall te the basin located within the property, rather 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 DEl=. If ~ revision is made it will directly affect the installation of the seawall panels, mgen:ling pipe penetration through the seawall panels. Provide temporary paridng on site to replace the spaces temporarily lost in Casa t.Oma Boulevard, sized equivalent to what is curmnW serving existing uses along Casa l. oma Boulevard and to be expandable to provide required parking for those portions of the project completed prior' to completion of project parking ames (no landscape plan required only to include pa~dng space markings, lighting and drainage acceptable to the ~ enc~neer). 29. Regarding proposed construction of Casa I.oma 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, Secttcm lO.F- of fie City's Land Development Re~lulations.. 30. Casa l.oma Boulevard shall be maintained as outlined in the x Revised Develol3ment A(~lmemsnt. Unless superceded 13~ the Page 6 Boynton Beach Manna Vile 14o.: COUS 98-008 DEPARTMENTS INCLUDE REJECT Revised Development Agreement, the applicant shall provide the City with a Maintenance Agreement for Casa Coma 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 denning and garbage stations required by the x DEP permit on the Site Plan. BUILDING DIVISION " Comments: 32..'At time of permit review, submit a mcon:led unity of title tt~tx combines all lots and parcels as one IoL 33. Add to the sheet titied Restaurant f~l Floor Plan the following building specifications: Gross ~r area each floor, total gross floor area entire building, floor ama of the exterior covered area, seats per floor (indoor and outdoor), total, seats entire facility, x overall building height, finish floor elevation 1"~ floor, type of construction and occul3anc7 classification. 34. At time of permit review, amend all plan view drawings to show that the accessible mutes that am. 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 Flodda Accessibility Code for Building Construction and the Federal Fair Houelnc~ Act. 35. At time of permit review, provide detail drawings that Illustrate how vertical changes in elevation along, all accessible routes will be changes in elevation shall be depicted in compliance with rec. lulations specified in the accessiblilt~ coclM_' 36. Provide a minimum of four accessible pa~king spaces to the north side of Casa I. oma Boulevan~ These spaces should be x distributed to serve the buildings titled 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 faciltti~ on the site are' in x compliance with the Florida Accessibility Code for Building Construction and the Federal Fair Housinc~ Ae~ 38. Amend the tabular parkinc~ data and the p!=_ns to reflect and show x Page 7 Boynmn Beach Mm Fflo No.: COUS 98-008 DEPARTMENTS ' INCLUDE REJECT the correct number of on-site accessible parring spaces. The 355 - car-parking garage requires eight (8) accessible parking spaces of which one (1) shall be shown and labeled as 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 am required to be shown on the site plan and identified in the tabular data to carmctty represent the recluired 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 chart 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 pur13oea of accessing fees associated with issuing permits for the aparlment psrtibn of the 8-story building, add to the drawings submitted for permit review data that groups and identifies the quantity of each apartment by gross floor ama and x number of bedroon~. Also, independently Identify and provide the total gross floor ama for all covered and enciosed areas that support the aparlment use, such as the lobbies, lrash ama, corridors, clubhouse, elevators and stairwa~. 40. Amend the elevation view drawings to be ~nt with the floor plan drawings with mspsct to location and size of exterior wall x openinc~s, columns, mofilne and other buiidinc. I features. 41. Submit a complete description that defines the construction- sequence/management plan proposed for the improvements requested with the subject., application. The construction- sequence/management doammnts shall be reviewed by and approved by staff before the next permit will be issued for the project. The document shall inctude, but not be limited to, defining how the adjacent property owners-will be able to safely remain x open for business, 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 ri~s-~-way to the uses. 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 it2. 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 leadin9 edcja of the buiidincj begins at the closest point of the 'Page 8 Boynton Be~:h Mari~ File No.: COUS 98-008 DEPARTMENT~ " INCLUDE j REJECT ovemang or canopy to the property line. The fire rating and wall ~ openings located on the exterior walls of all buildings shall comply with the regulations specified in Table 600 of the Standard Buiidin Code. · 43. Add to sheet A2.01 the required accessible sidewalk that would x create the accessible path for the van accessible parlcing space to the accessible buiidinc~ entmm.~. 4~. .Show and/or descTibe on the site plan how and where the storm water drainage that is generated by the roof of all slmctums will x terminate. 48... Show and Identify on the sheet titled Gmuncl level Floor Plan how x mail will be delivered to the -_rn~_.,1Tnenls. . permit review. The permit fee, water and sewer facility fees, county fees and state fees will be determined at time of panTfit X review. The fees will be accessed consistent with the specifications listed in the Deve~_.nment Ack,merit. PARKS AND RECREATION Comments: None FO RE STER/ENVIRONMENTAUS'i' Comments: None PLANNING AND ZONING .. Comments: 47. Change '2D' to -'10" In equation for parking spaces for apartments, x Total is corm(=t at '20. 48. Regarding landscaping: · On landscape plan, cllmen$ion-distance between perimeter x trees to show compliance with requirement to be a minimum of one (1) per 30 linear feel · Dimension all perimeter landscape ~ to show minimum width required-of three feet. - ' · Add note to landscape plan indicating quantity of interior parking spaces (excluding garage spaces), required interior landscaped area (20 square feet/space), and interior lanclscaDecl area provided (or us!ncj redu~__~, criteria to ten Page 9 Boymon Beach Marm File No.: COUS 98-008 DEPARTMENTS 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 ties (one is required) per 100 square feet of requimcl intedor landscaped 8rea. · Continue perimeter hedge along N.F_ 6~ Street (west side)' north/northeast of msteurant ~1. · Provide and identify on the landscape plan all .proposed lighting fixtures for bo~. vehicular and pedestrian areas in accordance with CBD Guidelines and/or Vision 2D/20 Study recommendations. · Identify in the landscape plan tabular data, the percentage of native species ~ confirm compliance with the 90% .. requirement. · Add to list of notes on landscape plan the source of Irrigation 4g. Comprehensive Plan Policy 1.12.2 requires that residential projects in excess of 100 units proposed' within the hurricane evacuation z~ne be reviewed by the County's Division of x Emergency Management, and that comments be considered which rec~ard the Peacetime Eme~enc'y 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 blockinc~ of ent~, lane. 52. The minimum mquim(t extension of N.E. 2m Avenue will be completed prior to Cerlfltcate of Occupancy of multi-family building, or allmTtative plan for waste mmovel 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 53. Consistent with revised development agreement, replace note indicating that extension of N.E. 2'~ Avenue, Including cul-de-sac is by others, with 'developer to constm(=t road Improvements in x accordance with revised developer's agreement and approved Dian'. 54. Clarify whether th~ areas east of the Casa I.oma Blvd. cul-de-sac x and south of retail B am sod or paved areas. 'Page 10 Boynton Beach Marm File No.: COUS 98-008 DEPARTMEN'i'~ INCLUDE REJECT 55. Subm~ up~aled lanclscape plans for entire project to ~ow - compliance with all applicable regulations, internal consistency, and to inciude the following changes to the landscape notes found on sheet LSl.00: a. Add, as specified in the "Grades and Standards for x Nursem/Plants' Part I, 1963 and Part II, State of Flodda, Department of Agriculture, Tallahassee to the end of note' 1. b. Remove the word, 'No", from the beginning of note number 19. [Land Development Regulations, Chapter 7.5, Articta Iil - Cantml Business District Landscal=e Code, Section 8.1 56. For subsequent permit appilcatlon, provide sheet A1.01 (lighting detail sheet) and a photorrmtric plan to verify that illumination levels meet Chapter 23, Article II, A.1 and CBD landscape code. Ni types of ;lgh~g flxmr~ (wa~ bollards, street, partdng ~) sha~ x be energy efficient metal halide. The overall h~ght of the pinking area fixtur~ shall not exceed 16 feet. All poles, fixtures and other site amenities shall be of a grade and quality that will withstand waterfront/marina environment and shall be ccmslstant with Visions 20/20 Redevelopment Plan recommendations. [Chapter 7.5, Article 111 - Central Busines~ Dlstrlot Landscape Code, . Section 8. A. 7. a, b, c and d and 8. a, b, ¢ and d and Design Guidelines of Boynton Beach Central Business District page ~, 2 and ~ 57. Project shall provide a minimum of 505 ~ parldng spaces, including a minimum of 207 spaces that must remain open and MINIMUM NUMBER OF PARKING SPACES 'PROVIDED IN' x RIGHTS.OF-WAY IF CREDITED TOWARD TOTAL (Aa per development agreement these spaces may be cmcllted toward the on-site parking requirement, provided they are unreserved and available for uae by the public.) 59 [Land Development Regulatiorm,' Chapter 2 - Zoning, Section 11. H. 16. e. (10), Section 6.E.4.b(1)(a), Section 11';H.16.d(3), and Section 11.H.16.d(1)] -. 58. The applicants application fee of $1,500.00 for original phase 1 and $353.28 postage fee regarding notification of adjacem property owners, shall be paid prior to issuance of subsequent x permits or deducted from the incentives for administrative fees. Page l I Boynton Beach Marina - NCLUDE REJECT DEPARTMENTS 59. The applicant shall apply for ancl be issued an envhu~i~eniat review permit 'prior to receiving an occupal~onal license to sell gasoline. [Land Development Regulations, Chapter 2 - Zoning, x Se_eft_on 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 Boulavatd. Prior to obtaining signatures on the document and recording ttm 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 61. Applicant shall comply with all requirements contained in the development order and revised development agteemenL prior to issuance of permits (other than shell permits mquasted prior to x approval of the development agreement) in a~xx~lance with the , X tmffl~- imoact bv apartment 13ui~c]]ng anti to prc~, =,,,..1._: _, circulation. Exoansion of d~ne with the Page 12 Boynton Beach Marina File No.: COUS 98-008 DEPARTMEN'r~ " INCLUDE I REJECT uncle~iancling ~-,at expansion may be in exct~ange for loss of ' minimal-partdng spaces. This requirement may be waived if magnitude of spaces to be lost am unacceptable to the city, and if traffic analysis justifies maintaining roadway as currently proposed (formerly ~351. I ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS ADDITIONAL CiTY COMMISSION CONDITIONS 69. MWR/dim LEFT INTENTIONALLY BLANK INTENTIONALLY LEFT BLANK EXHIBIT "3" INTENTIONALLY LEFT BLANK EXHIBIT "K" 0 0 0 EXHIBIT "L" HOL & KNIGHT LLP P. 0, BOX 14070 (ZI~ Fat LaughS, ~al ~01 954-.~2~-1000 F~ 9~4-~-20~ www.hkilw.com Tam~ W'~nmg~ O.C T~ Ap~ 9, 2008 Mr. Quintus Oreene Development Director City of Boynton Beach 100 E. BoTnton Beach Boulevard Boynton Beach, Florida 334.3~ Dear Mr. Greene: We represent TRG-Boynton Beach, Ltd. ("rRG"), the owner of the property being devdoped as Marina Village at Boynton Beach_. As. you are aware, a previous owner of the subject property entered into a Second Revi~ed Development Agreement dated June 6, 2000 ("Agreement"), with the City of Boynton Beach, Florida ("City"), relating to the development of the property being proposed at that time. The Agreement has become obsolete due to the fact that the development contemplated by the Agreement did not occur, and the deadlines for completing those development obligations were never met. In previous discussions with City officials r~gard/ng the Agreement, a consensus was reached that the ~irni~g and development of the subject property being proposed by TRG is substantially different than the timing and proposed development contemplated by the Agreement. Qh','in'~'u,s Greene Pa~e 2 Accordi~ly, TEG requests that the City Commission take appropriate action to terminat~ the Agreement as a matter of record. Such ter-~inaticn should be expressly conditioned on the survival of the matters set forth in the letter from James A. Cherof, City Attorney, to The Belated Group and AERC of Vh-~uia, Inc., dated December 30, 2002 (copy attached). If poss/ble, please schedule th_/s request for City Commission consideration at it~ meetin~ on April 15, 2003, at which other matters relating to ~he proposed developmen/: of Marina V/lla~e at Boynton Beach will also be considered. Thank you for your cooperation. Encl. cc James A. C"herof, City Attorney (w/end) " each December 30, 2002 lind peliverv The Related Group AERC of V~i~'nia, Inc. Re: R~uest for Estoppel Ira%marion/Marina Villag= Ge=tlcma. ' The City taz raceived the Dec~nber 30, 2002 ~ r~quest of The Related Group and AERC of Virginia, Inc. for an ~oppel letter detailing thc sraounts spent and umpent by the Ci.W of Boynton Beach under thc Second Revised Development. More specifically, you have asked the City: Specifically, please confirm that $39,424.22 have been ~ant on behalf of City water and sewer fees, which are credi~ which run with the Project and are transferable to a successor owner of the Project and shall survive any termination of the Development AgreemenL Response: The City has paid on behalf of the Developer $13,$70.99 for retail commcrc/al water and sewer/mpac! and connection fees, S25,853.Z3 for restaurant water and sewer impact and connection fees. These fern are trmsferable to a succe~or owner of the Project and shall surv/v¢ any tmnina~on of the Developm~at ~~at. In addition, please confirm that $I62,$00 hitve been spent towards City, State and County permit fees, and please confirm the portion of this amount which was paid to the County for intpact fees, and the City shall cooperate with the developer and support with the CounO, a successor owner's credit for these fees. Al~o, please confirm that the City Commission shall consider tt~ a policy decision giving it successor owner of the Project a credit (which credit shall surge any termination of the Development Agre~rnenO against future permit fees for the portion of this amount which was paid to the City, and please confirm that amount, and City staff sltall favora21y recommend such actio~ Response: The City ha~ paid: To Palm Beach County, on behalf of the Developer, $122,688.85 in mad impact fees ~d $4,802.91 in public building f~'s, It i~ thc City's undc-rstanding that under County To the S~,~e of Florida, $138.70 i. BAC'/F and $138,70 for Radon petm/t fees. Confirmat/on of transferab/I/ty should be obta/ned fi'om the State. To the City of Boynton Beach $34,726.38 for building pi, mit revel,· fees. The credit is transferable. No refund is available for voided Also, please conftrm that no other amounts have been spent by the City or are due and under tire bond or tA~ Devdopment Agreement otltar than those s~t forth ahoy& Response: The City l~s expc'nd~ $201,919.76, which includ~ thc amounts shown above. The project is encumbered by a City lien for the total/ncendve p~ck~ge of $770,328.00, Icss $407,380.00, which is s~curecl N/bond. Please confirm th~ City shtdl ttce. tt~t a set&telerate I, ond in r~l~lacernent of tlta~ cttrrently lteld by the City,om a successor owner, and return the e~ting bond to A~RC. Response: Yes. I trust the foregoing is ~ve to your requm. ,~t issue of further actjusunent, modification, m~urld Or waiver ar~ resin'veal to the City Cowmi.~ts/oll, TOTPi_ P. 05 F. MAR'TIN PERRY SUSAN L. TAYLOR May 8, 2003 James A. Cherof, Esq. City of Boynton Beach 100 E. Boynton Beach Blvd. P.O. Box 310 Boynton Beach, FL 33425-0310 F. Martin Perry & Associates, P.A. 645 Palm l~ack Lakez Bird Suite 1200 VYe~ Palm Beach, FL $3401 T'a.L~PHON];; (5~ 1 ) 4'/1 -~ ~ FAX (~1) 68~-5442 DEPARTMEtlT OF DEVEI.OPMENT Via F~.,~imile: 561/7'42-605,1 954/771-2943 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. ~/a/ Two Georges Restaurant. I have been advised that the City Commission recently approved the Major Site Plan Modification submitted by the Related Group for the Boyrrton Beach Marina project. As a result, my client requested that I review the proposed modifications as they relate to parking, 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 Media'tion Agreement, dated June 12, 2000; the Court Order, dismissing the case and retairiing 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) .... ' Em0hasis 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 ! 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 Bill Scaggs, Jr.- via facsimile: 561/620-8189 Steve Scaggs - via facsimile: 301/208-8037 TOTAL. P. 02 DSS PROPERTIE~ LTD. DSS MANAGEMENT, INC. D/IYA TWO GEORGES RESTA~, V~. CITY OF BoYKrON BKAC~ IN ~ CIRCUIT COURT OF THE v'~-f~ 3UI)ICIAL CIRCUIT OF FLO~ iN AND FOR PALM BEACH COUNI~, CIVIL ACI"ION C,4~E NO, CL ~-8505 AG Defendant. / AMENDED MEDIATION AGRE__~4~NT WIlfREd, c~ Apr~ 3, 2000, th~ pm/es h=~o m~t to medis~ ~eir diff-er~ce~; and wm~.~_,~, lt~ panics ~ have rmmhed m a~'emnmt and desire to set forth the Cit7 or Ci~ mfl'(u th~ ~ ~) ~ recoeme~ to the CaF Commiss/on th~ abandonment of C.~ Loma l~uleva~ $0% of the width of which wilt/o m eec~ abun:ing property owu~r, which absmiomi~m~ shall occur only after Two Georges takes title to tl~ Hall pt~erty;, md Co) r~.ommeud to tim City Comm/ssion davelopmmt a~m~n~t ~mendmmts with Ga.,~a, which will be consiste~ with this agrecmcnt; and e 6. ~vel¥ approve f. oma Boul .... .adm/nislz~veiy approve two curb ctns for ramps.to access the Two Georges '. ind Hall property. nver~, --~.~"" ...,~..es aa oatmn au omet neeena~ pernuts from -t. ~ ma lots south of Ocean Boulevard. This Provision m,ty' on17 be 2 used for ~ constmclion ora deck and may not be c,'edited a~a/n.v o~her I=Otxaed uses on the dte. opcrauon ~s a valid leial grandfather non-conforming usc. the thn_.e~c for co~ .n~_ '..on of Casa Loma by tho =ount oftilllO equal to o .~rec~e?_ for the portions ofCa~ Loma Boulevard, Build fl~e ~mfi~ of the ~ are~ and Ca~ Loma Overlook deuil shown on the IflWO0 sim phm (not includin~ t~ble~ which may be i,_~n _,~_ by Shall inmll curb cuts h' nm~ to Two Gangs sud ~ Pr°Per~, es ,,h,-,wu on ~he IYl 7/OO site plan. Convey by ~ ail property d~ owned by Gsn:ia to City for lhe Bol~mn Beach Bouletmd eneusion to the Imm:oas~ forthe SouIh 15 fee~ of such 30 foot wid~ riih~-of-way, wh/ch 15 fe~ is laeatmd imm~lir~ly North of C. mm'ia',* Norttx Cnucia ,h,i! ~ to the Ci~ at no co~ to the ~ity, a non-exclusive easement for right-of, way for the Boymon Beach Boulevard Extension Hast of the proposed aparUmm bufldin& to the~ South of~'s North Propaty tine, provided Garcia's development appmvah aze not adversely afl'~'mi, all as outlined 3 tPro_vided by Can:h u In~cl~ for in tMs Aet'eem=t~, hdud~u~ ~ ~ the ~ -~ snau pay ~0% ofthe cost of the associated seawall (wtzich seawall cost 0.629), less a credit of $1.300, nil of which .h,m be paid to the ~tv withi. ul~on coniston of such ~ents. ' -- Pt~vM~t t~ ~ ~ *~t%-t'tt~ ~- '-- ~.t.- "' Will cooperate with each other in tho fMmlmctn of this a/reement and Two ~ will not object to ~y ~ comim= with tt~/s n~=n~ 4 D.~S PROPERTIES. LTD. and DSS MANAGEMENT. INC'. D;B;A TWO GEORI3E3 RESTAURANT. TIlE C~iT COURT OF THE 1-11-'~ I J1.!DIC~L C~CUITOF FLORIDA. i14 AND P,~ BEACil COUNTY. CIVIL AC'rlON ~/tC~;E NO. C'L 99.8505 .Afl IIIIIIIIIIIIIIit111111 (a) mmple~on of all of the ~np~enls depided on the Sle Plan; or (b) DEVELOPER giving written notice to the CITY of abandonment of the SITE PLAN. It is acknowledged that minor modificalions of the SITE PLAN or expansions of the PROJECT. approved by the CITY. shall not be deemecl an abandonment. g. ~ DEVELOPMENT USES. ~? ,, · follow~g uses have been approved by Ihe City Commission: '~ .,,,-'~I. O 2g.302 square feet of two-story ofr~e/mtail floor ama. '~'~ F~L Two public restaurants with a combined area of 12.830 square feet. ':¢,.J t~e~ of Boynton Beach for Police/Manna Patrol purposes. 5. A 'l~i:i~. ~ it residential apartment building of $ stories or ~ess. not to %??.., . eet in height and no more than 229 residential unita. 7. DEVELOP'E~ ,~,1_ provide a minimum of 505 parking spaces, 207~ of which must b~ and unreset,md for public use (Of these 207 .,.' ( ":? ) s0aces. 59 are o~.~..~oma Boulevard aha N.E. ~ Street. 'rh~ toward his obligaUon ~.20..~".,~Nothing herein shall prohibit the f,on~ metereg or pm~;~'" ras~ons on rose par~ng spaces Iocaled on City right, of-way.(?~,f~'er~ering into an Agreement wi~ At tim Aegusl 3. 19~.F,~ City Commia'~ion meefin&,,pn~__.am to LDR. Chapk'r. 2 Zonin~ D.4.d.[2) thc CiD' Commisaion rcduced the required public ~.g,,spac~ m 207. 6/6100 TOT¢~_ P. [ XZ. - NEW BUSZNESS ITEM A. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meeuni Dates ~ August 5, 2003 ,~ August 19, 2003 ~ September 2, 2003 [] September 16, 2003 Date Final Form Must be Turned in tO qtity Clerk's Office July 14, 2003 (Noon.) August 4, 2003 (Noon) August 18, 2003 (Noon) September 2, 2003 (Noon) Requested City Commission Meetin~ Dates [] October 7, 2003 [] October 21,2003 [] November 5, 2003 [] November 18, 2003 Date Final Form Must b~ Turned in t0 ¢iW Clerk's September 15, 2003 (Noon) October 6, 2003 (Noon) October 20, 2003 (Noon) November 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Legal [] Announcement [] New Busmess [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlemen~ ~ Unfim~h~l Business RECOMMENDATION: Review of off-premise bnsmess sign for car wash at Gateway and Federal. EXPLANATION: The owner of the Texaco station at Gateway and Federal wishes to consUuct a car wash on propen7 he owns. The gas station is a legal non-conforming use, which means that it can continue to operate but the premises cannot be expanded. In order to consWuct a car wash on an adjacent lot, the owner of the gas station created a separate business entity to conslruct and operate the car wash. The owner of the gas station, who is also owner of the business enterprise proposed to operate the car wash has requested that the City Coaaaission authorize the installation of the words "Car Wash" onto the existing Texaco sign. The staff has advised the owner of the gas station that the addition of the car wash signage to the existing Texaco sign is an off-premises sign, which is currently prohibited in Boynton Beach. A copy of a recent letter from the City Attorney to the owner is attached. PROGRAM IMPACT: Approval of an off-premise sign would require an amendment to the City's code. This will require very careful review to make sure that unintended consequences do not arise with allo ,wing off-premise signs. FISCAL IMPACT: None ALTERNATIVES: would not involve a possible precedent setting sign. Department Head's Signature Deparmaent Name Allow City Manager and City Attorney to develop alternative method to deal with the issue that I City Attorneyq'~inance / Human Resources S :~BULLETINX, FORMS~.GENDA ITEM REQUEST FORM.DOC The Ci o Bo nton Beach July 22, 2003 Texaco Gateway Attention:. Zuhair Marouf 2360 N. Federal HWY. Boynton Beach, FL 33435 Re: Texaco Signage Dear Sir: I am advised that you have made inquiry regarding whether you can add additional signage on the existing sign pole below the area now identified as "Texaco" to provide identification for the car wash operation that operates adjacent to the gas station. Although I do not have the measurements of the existing sign, I am told it appears to be at or above the maximum allowable size. Asmmfin$ that it is, no additional sign area can be added. Ordinarily an existing sign face could be altered (the "Texaco" letters could be made smaller to allow for the word "car wash") but your situation is unique as the car wash is offsite operation. The City Code prohibits offpremises signagn. It is the determin~,6on of the City's Planning and Zoning Director that the gas station, being a non-confo _rr~_ lng use, cannot be combined with the adjacent car wash for the purpose of creating an on-site qualification for the proposed signage for the car wash. Perhaps there are some other facts that I am not aware of that would change our consideration of your request. If you have additional information, please do not hesitate to contact me. Very truly yours, James A. Cherof City Attorney C:~x:uments and Settings~a~ssnettt~:~cal Settm~s~,Temp°rary Inten~ Files~O~ Itt 072203.doc A~%IERICA 'S GATEWAY TO THE GUI, FSTR~I 33.36' 'fl'E)(ACO' LOGO AND LETTERING - · EXIST1NG SIGNAGE ~ ~ PRICE INDEX- EXISTING SIGNAGE ,I.,,.~ G. i6' EXISTING GRADE EXISTING SIGNAGE WI PROPOSl=_n ADDmON sci GATEWAY TEXACO 2360 NORTH FEDERAL HIGHWAY BOYNTON BEACH, FLORIDA 3.3435 XlI. - LEGAL CITY OF BOYNTON BE,a rrEM A. 1 AGENDA ITEM REQUEST Requested C~ry Commission Meeting Dates [] August 5. 2003 AuguSt 19. 2003 [] September 2, 2003 [] S~tember 16, 200.t Date Final Form Must be Turned m t9 (~itw Clerk's Office July 14. 2003 (Noon.) August a, 2003 [Noon) August I8, 2003 (Noon) September 2. 2003 (Noon) Requested CiD Commlssmn Meeting Dat¢) ] October 7. 2003 [] October 21. 2003 [] November 5. 2003 [] November 18.2003 Date Final Form Must be in to ~'IP. ~lcrk :i geetember 1 f. 2003 iNoon October 6. 2003 October 20, 2003 November 3, 2~3 ~Noon~ NATUI~ OF AGENDA ITEM Administrative Almouncement City Manager's Report Consent Agenda Code complianceFuegal Settlements [] Legal [] New Business [] Presentation [] Public Hearing I-'] Unfm-tshed Business RECOMMENDATION: Change Section 9 - 29 of the City Code regarding the designation and appointment criteria of the Fire Marshal and Assistant Fire Marshals. EXPLANATION: This section has become outdated with regard to titles, and is tn.flexible with regard to the appomtment process. PROGRAM IMPACT: This change Wql allow the Code to reflect the proper position titles and will open the selection critena to consider those outside the Fire Rescue Department, if necessary. FISCAL IMPACT: There ts no cost associated with this recommended change. ALTERNATIVES: Do not approve this recorrmaendation and 1 ) continue to operate aath Code language that Is inconsistent w~th practical application, and 2) without alloWing flexibility tn the appointment process for members of this Dt,,qsion. Depat~nent [~t's Signature ~ity Manager's Signature Dep~rtrt~nt Nm /- City Atto~//Finance ' Human Resources SABULLETIN~ORMSkAGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 03- AN ORDINANCE OF THE CITY OF BOY'NTON BEACH, FLOR[DA. AMENT)ING CHAPTER 9, FIRE PROTECTION AND PR_EVENTION, ARTICLE III. FI_R.E AND LIFE SAFETY DIVISION OF THE CODE OF ORDINANCES, BY ,~MENDING SECTION 9-29, PROVIDING FOR DESIGNATION AND APPOINTMENT CRITERIA OF THE FI:RE MARSHAL AND ASSISTA,NT FIRE MARSHAL; PROVIDING FOR CONFLICTS, SEVERAB[LITY, CODIFICATION AND AN EFFECTIVE DATE.. WltEREAS, the F ire and Life Safety Division o fthe Fire Rescue Department the City Commission has determined that the current Code language regarding the and appointment criteria of the Fire Marshal and Assistant Fire Marshals has tecome outdated and no longer meets the needs of the Department; and WltEREAS, the City Commission has also determined that it is in the best of the citizens and residents of the City of Boynton Beach to amend the Code of es to reflect the proper designations, and titles, and make the selection cntena ,re flexible to assure the proper individuals, either within or outside the Fire Rescue ~epartment, are eligible for appointment · ,~ NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 1 ¢)F THE CITY OF BOYNTON BEACH. FLORIDa' THAT: /~ Section l The foregoing whereas clauses are tme and c°rrect and are n°w / ~atified and confirmed by the City Commission. Section 2. That Chapter 9, Fire Protectton and Prevenuon, ,ad-ttcle III, F~re land Life Safety Division of the Code of Ordinances, Section 9-29, is hereby amended by' [adding the words and figures in underlined type and by deleting the words and figures tn :struck-through type, as follows: S CA,Ordmance$~ire ' Chapter 9xfire marshall rev ~f Sec. 9-29. Establishment of Division; ~ authority of Chief; designation and tenure of Fire Marshal; appointment, title, and tenure of inspectors. A Division of Fire and Life Safety within the Fire Rescue Department of the City .of Boynton Beach, FL is hereby established which shall be operated under the ~Supe~'ision of the Chief of the Fire Rescue Department. herein known as the Chief. The Chief shall establish appointment criteria and designate an cf,qcer or ether member ..:f the ::.~ r, ...... r', .......... a person to serve as Fire Marshal, who shall hold this office at :he pleasure of the Chief. The Chief may detail such other members of the Fire Rescue Department as Inspectors, to be known as Assistant Fire Marshals, as necessary. The Chief shall establish appointment criteria and shall recommend to the city Manauer the employment of one or more Fir: Prz..,cntlan Assistant FireMarshals,~, who. when such authorization is made, shall be selected, ¥ia ma cx~:inatic, n. for the position. The examination shall be open to members and nc. nmem~er: of the Fire Rescue Department, as well s to outside candidates, and appointments made '.'-fret cxamin'aticn shall be for an indefinite term subject to the appropriate personnel policies of the City of Boynton Beach. Section 3.. Each and every other provision of Chapter 9. Fire Protection and 'revention not herein specifically amended, shall remain in full force and effect as )riginally adopted. Section 4. All laws and ordinances applying to the City of Boynton Beach in conflict with any provisions of this ordinance are hereby repealed. Section 5. 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., FIRST READING this . Authority is hereby given to codify this Ordinance. This Ordinance shall become effective immediately. · day of ,2003. 1S :'C AxOrdinancesq:ire - Chapter 9Xfire marshall rev rtf 003. SECOND, FINAL READING AND PASSAGE this day of CITY OF BOYNTON BEACH. FLORIDA Mayor Vice Mayor Commissioner Commissioner :EST: Commissioner Clerk :xCAxOrdtnancesxFire - Chal~t~r 9\fire marshall r~v.rff ARTICLE III. FIRE AND LIFE SAFETY DIVISION Sec. 9-29. Establishment of Division; ~c:".g---~t-.'~..-- authority of Chief; designation and tenure of Fire Marshal; appointment ~title~ and tenure of inspectors. A Division of Fire and Life Safety within the Fire Rescue Department of the City of Boynton Beach FL is hereby established which shall be operated under the supervision of the Chief of the Fire Rescue Department, herein known as the Chief. The Chief shall establish appointment criteria and designate ~- ~c~. ....... ~. ..... ~.~. ^c,~.~ ~:.~ r~ ...... r, ....... ' a person to serve as Fire Marshal, who shall hold this office at the pleasure of the Chief. The Chief may detail such other members of the Fire Rescue Department as Inspectors, to be known as Assistant Fire Marshals, as necessary. The Chief shall establish appointment criteria and shall recommend to the City Manager the employment of one or more ;;-~...v .u-:. ..... .v...:.c-.. ~-~r~'-.'~.-T ..... *^'~ Assistant Fire Marshals, who, when such authorization is made, shall be selected, ;':.a ~n exam:.n=:.cn' , for the position. _._ nc='n~m~=: of the Fire Rescue The examination shall be open to members ~_a u. · shall Department as well to outside candidates, and appointments m---a.= a~:r ~:x=r.-2na.icn be for an indefinite term subject to the appropriate personnel policies of the City of Boynton Beach. (Ord. No. 98-45, 2, 12-1-98, Revised effective 08/19/03) XiI. - LEGAL I'TEM A.2 CITY OF BOYNTON BEA£ AGENDA ITEM REQUEST FG x ,a Requested City Commission Meeting Dates [] August 5, 2003 [] August 19, 2003 [] September 2, 2003 [] September 16, 2003 Date Final Form Must be Turned in to City Clerk's Office July 14, 2003 (Noon.) August 4, 2003 (Noon) August 18, 2003 (Noon) September 2, 2003 (Noon) Requested City Commission Meeting Dates [] October 7,2003 [] October 21, 2003 [] November 5, 2003 [] November 18, 2003 Date Final Form Must be Turned in to City Clerk's Office September 15, 2003 (Noon) October 6, 2003 (Noon) October 20, 2003 (Noon) November 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the September 2, 2003 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission approved this request under Legal, Ordinance - First Reading on August 19, 2003. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-168. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Serrano at Boynton (ANNEX 03-001) Chip Bryan, Julian Bryan & Associates, Inc. Beth Peschl Approximately one-quarter mile west of Congress Avenue, north of the L-28 canal, South of Golf Road Request to annex a +9.74-acre parcel for the purpose of pursuing development within City of Boynton Beach. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES:~/ N/A Develot~l~n~ DeSp~-D~rector City Manager's Signature Planning and Zoni~ir~'~tor City Attorney / Finance / Human Resources S:~Planning\SHARED\WP~PROJECTS\Serrano BeachXAnnex 03-00 IXAgenda Item Request Serrano at Boynton -New-ANNEX 03-001 2nd reading 9-2- 03.dot S:~BULLETIN~ORMSL&GENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 03- Oq ~ AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, ANNEXING +9.74 ACRES OF LAND THAT IS CONTIGUOUS TO THE CITY LIMITS WITHIN PALM BEACH COUNTY AND THAT WILL, UPON ANNEXATION, CONSTITUTE A REASONABLY COMPACT ADDITION TO THE CITY TER_KITORY, PURSUANT TO ARTICLE I, SECTION 7 (32) OF THE CHARTER OF THE CITY OF BOYNTON BEACH, FLORIDA, AND SECTIONS 171.044, AND 171.062(2), FLORIDA STATUTES; PROVIDING THAT THE PROPER LAND USE DESIGNATION AND PROPER ZONING OF THE PROPERTY SHALL BE REFLECTED IN SEPARATE ORDINANCES TO BE PASSED SIMULTANEOUSLY HEREWITH; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE; PROVIDING THAT THIS ORDINANCE SHALL BE FILED WITH THE CLERK OF THE CIRCUIT COURT OF PALM BEACH COUNTY, FLORIDA, UPON ADOPTION. WHEREAS, the Comprehensive Plan for the City of Boynton Beach requires the development of an Annexation Program; and WHEREAS, Beth Peschl, through her agents, Chip Bryan, Julian Bryan 8,: Associates, I nc., a s owner o f t he p roperty m ore particularly described hereinafter, has ~fore filed a Petition, pursuant to Section 9 of Appendix A-Zoning, of the Code of City of Boynton Beach, Florida, for the purpose of annexing a certain tract of land consisting of approximately +9.74 acres; and WHEREAS, the City of Boynton Beach hereby exercises its option to annex the following tract of land as hereinafter described, in accordance with Article I, Section 7 (32) of the Charter of the City and Section 171.044, and 171.062(2), Florida Statutes; and WHEREAS, said tract of land lying and being within Palm Beach County is S: \CA\Ordinances\~lanning\Annexa~ions\Annexa~i°n - Serrano.doc to the existing city limits of the City of Boynton Beach, and will, upon its constitute a reasonably compact addition to the City territory. NOW, TI-IEREFORE, BE IT ORDAINED BY TI-IE CITY COMMISSION TI-IE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. That each and every Whereas clause is true and correct. Section 2. Pursuant to Article I, Section 7 (32) of the Charter of the City of Beach, Florida and Section 171.044, Florida Statutes the following described ed and contiguous tract of land situated and lying and being in the County Beach, Florida, to wit: The Southeast quarter (S.E. 1/4) of the Southwest quarter (S.W. 1/4) of the Southeast quarter (S.E. 1/4) of Section 31, Township 45 South, Range 43 East, Palm Beach County, Florida. LESS the South 40 feet thereofi AREA OF SITE: 424,377 Square Feet or 9.742 Acres, more or less. Containing approximately +9.74 acres of land is hereby annexed to the City of Boynton Beach, Florida, and such land so annexed shall and become part of the City with the same force and effect as though the same had originally incorporated in the territorial boundaries thereof. Section 2: That Section 6 and 6(a) of the Charter of the City of Boynton Beach, ~lorida, is hereby amended to reflect the annexation of said tract of land more particularly in Section 1 of this Ordinance. Section 3: That by Ordinances adopted simultaneously herewith, the proper City oning designation and L and U se category i s being determined a s contemplated i n Section 71.162(2), Florida Statutes. Section 4. All ordinances or parts of ordinances in conflict herewith are hereby Dealed. S: \CA\Ordinances\~lanning\Annexa~ions\Annexa~ion - Serrano.doc Section 5: Should any section or provision of this Ordinance or any portion thereof declared by a court of competent jurisdiction to be invalid, such decision shall not affect the of this Ordinance. Section 6: This Ordinance shall not be passed until the same has been advertised two (2) consecutive weeks in a newspaper of general circulation in the City of Boynton leach, Florida, as required by the City Charter and Section 171.044, Florida Statutes. Section 7. Section 8. Section 9. Circuit Court of Palm Beach County, Florida. FIRST READING this Iq day of iqtq~at~'r' ,2003. SECOND, FINAL READING and PASSAGE this day of ., 2003 CITY OF BOYNTON BEACH, FLORIDA This ordinance shall become effective immediately upon passage. Specific authority is hereby given to codify this Ordinance. This ordinance, after adoption, shall be filed with the Clerk of the Mayor Vice Mayor Commissioner T: City Clerk Commissioner Commissioner S.\CA\Ordinances\Planning\Annexations\Annexati°n - Serrano.doc DEVELOP~dEHT D E?ART~d E,NT PL&N,N~NG & ZONI~qG DIVISION MEMORANDUhl ,~0. PZ 03-168 THROUGH' ?ROJECTNAME/'NUPiSE&: Serrano Beach.~,,'-,n exa~ion (ANEX 03-00!) and Land Use Amendment/'Rezoning (LUAR 03-005) To annex the suPj'ec; pr;peru,./; to reclassify from ~17,-5 F!edium Oensib.,/ P, esidentla! (?ai.,m 3each CounT/) to Lc.,,,,' 3ensh-,' ?,esidenr, iai (Eib/), and to rezone from .i.?,-Agricuitural Residential to PUD F!anned Unit Development Location' E;<!s:!nc I=nd__ '.. s='_. Exis;ing Zoninc: Proposed Land Use: Proposed Zoning' Proposed Use: PRO]ECT DESCRIPTION ' ~,300 fee~ wesE of Con~ress Avenue on the no~n side of Ehe Wo~h Drainage Ofs;ric~ LaEerai Canal 2,S (L-28) (see Ex~ibiE "A'~ PCN ¢ 00-43-45-3 ~-00-000-5020 =~.7~ acres ~IR-5 (Palm So,ch C3unT.,? (3-~ d',,,'e~l~nc uri~ eer acre rdu"~c''~ AR-USA, Agricu!tural-P, esicencial in ~he Urban Se~,'ices Area 8each Count/) i ow~ Oensi~./ , ,=~,~=., ~ -:¢~- ¢ ;ial. ("~.~q" ~ u/'ac) PUD Planne~ Unic De,/e!opmen[ 47 zero Io~ line single family homes ,-' ,,Z :a Ce~ T. i~Ises: zoned °UP ~(a,--,e,c U~t Oe,,,e~oomenE. ,Zc~ua[ bu[[~ ce~s~T...' PUD is o.0a Cu/ac. To '~ developed ,¢,,Kn one, ~,,:o s;oo' sin~ie-famii'7' residence Agrlculb:rai Resid~n2ai in the Utc. an Sen/ices Ar,a. Sour_h immediately sou.:h are the rights-of-way of the Lake Drainage DisTic; L-28 Lateral Canal and Palmiand Drive, t.-en dave!POod reslcen:,a'. (Chan:ec;a:r Villas u,onc~ml,, ~. cesfcna:ed HD~ .tHegn Cens~c/ Res;Can::a~ a: !'2.~ cz ::~ zoned ~-3 ~,luiti-famiiy Residential (~0.8 du/ac). ,:.~sai [, ,~ duoiex unit ~,x:~n~ is 7.42 du/'ac. densih/of '~ ,,ves~ of Chart:eclair Villas is the PaJmland Viflas de,/e!c~men~ ,,,,,i~h a built densib/of 8.57 du/ac. Usa. .... ~-~;:-~ and :3',:~J; a~ a Ce..nsis/c.r 0 ~ ds/ac. ~ ne o, ~.-=; ~, immediasehx ~:-~=~ ~c ~ s~j~.ie~ s~te consis~ of cna sincie- ~smiiy ncme cna ~.5 acre earce~ anm a option of a vacan~ saree~ cf 4.5 acres. MASTER/SITE PLAN ANALYSIS Ail applications for a rezonmg to a PUD Planned Unit Oeveloprr, ent taus: be accom~arieC bv a mac,er/s,..= plan. in this instance, a si~e plan has been submitted and is simultaneously with this application. The plan shows thirtv-nine (39) of ~he homes arranoec ~,~, foot landscape b, 'fiat tract surrounds backing up :o the periphew of the propem-/. Aten :~n~ _ ;nesebuildings, anda loop road provicesacsess. ~n additionaieigh[(S) residences are sosi:icnedinside:heio~0'~ ~ ~= ~h ~= ~o=~/· A lake, almos~an acre~r, s~ze, c~-:,ci=s ~he can:er or ~ne prope~/=nc = :,..= .... ~-:o~ .s ~,:3 loop road. sizes are ~pica![y lis feet by 45 fee.-.. Suiicing se:sacks are as foJ',ov,'s: Fron[; Side lO feat one side Rear r.o Buffer 10 feet (20 feet separa:icn) '-' ' ; = ~ S I ..... X~ ~S ,~==~ [25 fee~ separation]) (Rear Se,..sac;< adjac_n~ to '"~'~ Page 3 Fiie Humb=-r: L'jAF~ 03-.~0E,",-'.PiEX 03-001_ .,,,.'ails, S-tile roofs and decorative moidings, acoilcu~s and columns. Proposed ,.m, ode!s rr3m single-sto~//'three-bedr~Gm un~c .~ ~ ~,ve-stor//five bedroom un~, ,,rich a~r ' : 2, LLO The maximum densiLV allowed bv the iow F_,e:nsic/ , _ ~,,~ use c'.assificadon s 4.84 alu/ac, which would ~rovida ~hedeve~epera maximum of 47 uni~. Naximum heighten; a~J residential zoningdiscric~excepcR-3 Multi-FamilyResiden~ialis30~,~. ~n addition, ~UD ~' r~erim=~bu~ersand -~ ' -' ' . ~ ..... s:,.uacxs within PUOs mus~ mirror ,.nose regulations recuire a~u~ing development (o ensure adecuate separation be~een buildincs. I~ne propose.~ landscape, eufferofk0 feeRcomeined with thepropose~ rearsetbacx reauired se~bac'.<s and buffer of the Siiverlaka development. Both ~he elemen~a,W school building to ~he east, and ~he Chanteclair development to ~he sou~h are more than adequa~e!y ~=r=~=d from ~,,~ ~i~..~ s~tes in ~ .... ..... ~ ~ ~l~- The site does not provide direct access to a major roadway or transpo~ation system, which is a requirement for major planned unit develoomen~S (Land Development Regulations, Cna .... Section 8, A). This requirement was placed in the code primarily to address impacts of larger deve!ooments that othe,~ise might introduce '--"= . ,~,~ amounts of traffic onto local neiohborhood , ~su,ou~. traffic onto the adjacen[ roadway system. S~,,~.~ street, and to oroperty "'-;' '= , '~'= from the proposed development are ex~e~ed ~.~ be minor as compared to the average PUD, due to the facts ~hat there are slighC!y less ~han !0 acres in u,~ cieve!opment and only 47 dwelling units, staff does not consider the reouirement to have the impotence thac would usually be given to it. PRO3ECT ANALYSIS This property is less than 10 acres in size, and therefore this proposed amendment to the comprehensive plan is considered a "small-s~.=l~ amendment and is not subject to "compliance r=zl=,v oy ~ne Fiorida Department. of C~,m,.,u,,,W Affairs (DCA). This means that the ~roocsed amendment, if approved 0y the ci~/, will be adObted, then forv~arded to the DCA for ~heir records (',argo-scale amendments cannot be adopted until reviewed for consistency by OCA). 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 a~ the toques; of r. he prope~/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 wi[n r, he intenr. [o reduce them 0etow the LO-acre ~hreshold. Pursuant to Section 9.C.2(2) of the Land Development Regulations, staff is no~ required t:o review the petition against the eight (8) criteria by which rezonings are ~o be reviewed as indicated in Section 9.C.7., as this petition is consistent with the city's Comprehensive Plan Future Land Use Map designation for properzies ~o be annexed within this vicinib/, instead, s~aff analysis will relate to consistene/with other relevant pordons of ~he Comprehensive Plan, the city's annexation program and service capabiliL--y. ?age 4 ~iie ,~umber: LUAP. 03-O0~/ANEX 03-001. ~ .... =~=n~iv~ Plan Sub-so,ion ~.c. cF :na~ :ocumen~ d~ac~ed dwe//in~s, so as co be com~ac'~/e w,,'t, ff C~e one-sCorn/condom/~/'~'ms ~- connection with orevious annexation stud[es, depa~men~ most a~e~ed by annexations ~e.g. Police, Fire, a~d Public Works), have been su~eyed for issues related to sec,xce capabii[t/ and cos~. All opinions previously collected from these depa~men~ supposed the incremenc,l annexatfon of enclaves. Theseoo[n[ons have been based oathe following' L) The enclaves are ail immediaceiy- ' receive urban so,ices; 2) Amole so,ice capaciW exis~ ~o seoze adjacen~ unincorporated prope~ies; and 3) ~o~t enclaves currently receive seozice from the ciW via the mutual agreement (Police and Fire/EHS only). The Palm Beach CounW Traffic Engineering Deoa~ment has reviewed the applicant s traffic s:ud'/and verified that capacib/exis~ on Coneress Avenue to accommodate this proposed amendment, in addition, the CiW's Dire~or of Public Works has determined ~ha~ no imorovemen~ to Palmland Drive will be necessitated by the impac~ of proposed development. The Palm 5eac,h Counb/ Planning Division has also. ~z,~,wed the,app cation and has determined ~;-,az the deve!opmenC ,,will no[ result in a negative impa~ on the area roadway neb,worK In one ,/ear ,"*~ r=<o=~ to "~ le~er dated December 18, 200! the Palm Beach Counb/Solid Waste A'uthori~ has stated that adequate capaci~ exis~ to accommodate the coun~/'s municipalities throughout the Z0-yearplanning period. The School Distric; of Palm 6each CounW has reviewed the application and has determined that adequate capacib/exis~ to accommodate ~he resident population. Lastly, drainage will also be reviewed in detail as pa~ of the review of tine conditional use application, and mus~ satis~ all requiremen~ of the rib/and local drainage pertaining authorities. CONCLUSZONS/RECO~ ENDA~ONS As indica[ed herein, this reques~ is consis~en[ with [he in~en~ of the Comprenensr~e ~,an, ',,~i[I .' ~ not been anticipated in the no~ -=== additional imDa~ on infrastru~ure ~na~ have Comprehensive Plan; wi'Il be compatible with adjacent land uses and will contribute ~o the overall economic deve!opmen[ of the Ci~. Therefore, staff recommends thai the subje~ .... ='beapproved [f conditions of a~proval are rec°mmended bythe Planning and Oe(~e[opment Board or required by the Ci~ Commission, '' Location Map P U E~j;~ _~ -- ~00 0 800 Feet ~. Requested City Commission Meeting Dates [] August 5, 2003 [] August 19, 2003 [] September 2, 2003 [] September 16,2003 XlI. - LEGAL ITEM A.3 CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FO v, Date Final Form Must be Turned in to Cit~ Clerk's Office July 14, 2003 (Noon.) August 4, 2003 (Noon) August 18, 2003 (Noon) September 2, 2003 (Noon) Requested City Commission Meeting Dates [] October 7, 2003 [] October 21, 2003 [] November 5, 2003 [] November 18,2003 Date Final Form Must be Turned in to City Clerk's Office September 15, 2003 (Noon) October 6, 2003 (Noon) October 20, 2003 (Noon) November 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the September 2, 2003 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission approved this request under Legal, Ordinance - First Reading on August 19, 2003. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-168. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Serrano at Boynton (LUAR 03-005) Chip Bryan, Julian Bryan & Associates, Inc. Beth Peschl Approximately one-quarter mile west of Congress Avenue, north of the L-28 canal, South of Golf Road Request to amend the Comprehensive Plan Future Land Use Map fi.om MR-5 (Palm Beach County) to Low Density Residential (LDR) at 4.84 units/acre. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Devel/~f~l~rl~- (nt~D~ector City Manager's Signature Planning and Zonir~IJ~"~ctor City Attomey/ Finance / Human Resources SAPlanning\SHARED\WPXPROJECTS\Serrano BeachXLUAR 03-O05L~,genda Item Request Serrano at Boynton -Amend-LUAR 03-005 2nd reading 9-2- 03.dot Sg~,ULLETINXFORMS~.GENDA ITEM REQUEST FORM. DOC ORDINANCE NO. 03-Oq 2,. AN ORDINANCE OF THE CITY OF BOY'NTON BEACH, FLORIDA, REGARDING PROPERTY LOCATED APPROXIMATELY ONE-QUARTER MILE WEST OF CONGRESS AVENUE, NORTH OF THE L- 28 CANAL, SOUTH OF GOLF ROAD (SERRANO AT BOYNTON); AMENDING ORDINANCE 89-38 BY AMENDING THE FUTUR~ LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY FOR THE PROPERTY MORE PARTICULAi:~LY DESCRIBED HEREIN; THE LAND USE DESIGNATION IS BEING CHANGED FROM MR-5 (PALM BEACH COUNTY) TO LOW DENSITY RESIDENTIAL (LDR); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTWE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element by Ordinance No. 89-38 in accordance with the Local Government Comprehensive Planning Act; and WHEREAS, the procedure for amendment of a Future Land Use Element of a Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and WHEREAS, after public hearing and study, the City Commission deems it in the best interest of the inhabitants of said City to a mend t he aforesaid Element o f the Comprehensive Plan as adopted by the City herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1;. The foregoing WHEREAS clauses are incorporated herein by this reference. Section 2: true and correct and Ordinance No. 89-38 of the City is hereby amended to reflect the $:\CA\Ordinancee\~lanning\Land Use\$errano Land Use.doc following: That the Future Land Use of the following described land shall be designated as Low Density Residential (LDR). Said land is more particularly described as follows: The Southeast quarter (S.E. 1/4) of the Southwest quarter (S.W. 1/4) of the Southeast quarter (S.E. 1/4) of Section 31, Township 45 South, Range 43 East, Palm Beach County, Florida. LESS the South 40 feet thereof. AREA OF SITE: 424,377 Square Feet or 9.742 Acres, more or less. Containing approximately +9.74 acres of land Section 2: That any maps adopted in accordance with the Future Land Use Element shall be amended accordingly. Section 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4: Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 5: This Ordinance shall take effect on adoption, subject to the review, challenge, or appeal provisions provided by the Florida Local Government Comprehensive Planning and Land Development Regulation Act. No party shall be vested of any right by virtue of the adoption of this Ordinance until all statutory required review is complete and all legal challenges, including appeals, are exhausted. In the event that the effective date is ~lished by state law or special act, the provisions of state act shall control. FIRST READING this Iq day of i~a{$_,,q' ,2003. SECOND, FINAL READING and PASSAGE this ~ day of ,2003. ;=\CA\Ordin&nces\~anning\Land Use\$errano Land CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner T: Commissioner City Clerk (Corporate Seal) ! S:\CA\Ordin&ncea\pl&nning\r.&nd Uee\$erzano hand Uae.doc DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 03-168 THROUGH: DATE: PROJECT NAME/NUMBER: REQUEST: Chairman and .',.amblers P!anninc and 3e,,'e!oomen; Boar: ann ?layor and Ci?/Commission Dick Senior PlanSer Michael W. Rumpf Director of Planning and Zoning July il, 200.3 Serrano Beach ,Annexation (ANEX 03-00!) and Land Use Amendment/Rezoning (LUAR 03-005) To annex ~, ,~ suojec': properS/; to reclassify from MR-5 Hedium Density Residentiai (Palm Beach County) to Low Der, si;.-'/Residential (Cib,/), and to rezone from AR-Agricultural Residential to PUD Planned Unit Development .4~plican[/'Agenr: Size: Existing Land Use; Existing Zoning: Prcocsed _--,,d Use: ?roc~osed Zoning' Prooosed Use' P RO.] ECT DESCRIPTION Se:n F--scl-.. Chip Bwan/Sulian Brian and Assocla[as, inc. 1,300 feet wes~ of Congress Avenue on the no~h side of tPe La;<e Wo~h Drainage District Lateral Canal 2-8 (L-28) (see Exhibit "A'? PCN # 00-43-45-3!-00-000-5020 _-9.7~ acres hlR-5 (Palm Bean.-, CounT,/) (3-5 d,,ve!ling units ?,er acre AR-USA, Agriculturai-Resi~en~iai in the Urban Sen,'ices Area {Pal,- Beach Count'y) Low Densib/ ?,esicentlai (~-.8~ du/ac) PUD Planned Unit Deve!opmen[ ~7 zero lot line single family homes South: East: -~-- ...... =-== sincie familv homes in ¢ii,,'=~ak= Es;a~es To the .,~ :.:,==~.. ...... ~ ...... zoned PUD ~[a:ned Un~ Deve[opmen[. Ac;ua! bui[[Censi~/ _ , PUD ~s 2.~'' ~c...'ac. ,o ~ne no~hwesL ur,[ncorpor~e~., develooed wi;h one, ~.,vo story single-family residence des~gna;ed ~1R-5 ('Hed~um Oens~W Residen[ial a~ 5 du/'ac) and zonec mm-U.~¢.. Agricultural Residential im ~ne Urban Sen/ices Area. Immediately south are the rights-of-way of the Lake Wo~h Drainage Districc L-28 Lateral Canal and Palmland Drive, ~hen developed residential (Chanteclair Villas Condominiums) designa~e~ H,DR CHigh Densiqz Residential ac 10.8 Cu/'ac) and zoned R-3 ~u!ti-family Residential (~0.8 du/ac). Actual built density of the Cuplex unit development is 7.42 du/ac. To the west of Chantec!air Villas is ~he Palmland Villas development with a built densiL'y of 8.57 du/ac. Developed Elementary (Crosspointe) School designated PPGT- (Public & Priva[e Governmeni:ai/'i'.ns~it:u~ionai) and zoned PU ?uPiic Use. West: Prooert¥ within the Village of Golf designated single family resi'dential and built at a density of 0.3 du/ac. The properO/ · s,~. consists of one sin~le- immediate[,/adiacent to ~= subject. family home on a L.6 acre parcel and a portion of a vacant parcel of 4.5 ac~es. MASTER/SITE PLAN ANALYSIS Alt applications for a. rezoning to a PUD Planned Unit Development must be accompanied by a master/site plan. in this instance, a site plan has been submi~ed and is being reviewed simultaneously with this application. The plan shows thir~/-nine (39) of the homes arranged backing up to the periphery of the property. A ten (!0) Foot landscape buffer tra~ surrouncs these buildings, and a loop road provides access. ,An additional eight (8) residences are cositioned inside the loop road on the north of the propers/. A lake, aimost an acre in size, ' ~O~-tOE shown at .... occuoies the cenEer of the property and a small ' ' ' is ~_he southwest corner of road. Lot sizes are b/oically !!S feet by 45 feet. Fron[: Side Rear to Buffer o,~llc~,,~ se~gac. S = : fO/lOWS' 25 fee'. to road/drive edge ~0 fee,', one side Z0 feet (20 feet separation) (Rear Set. back adjacent to Silver',ake !S feet [2_5 fee[ separation]) Page 3 Fiie NumPer: LUAR 03-005/AI"iEX 03-001. Designs shown for the residences are a derivative cf F1ed[terranean arch. ired:ute ',','f:n s~uc:: walls, S-tile roofs and decorative moldings, aDptiGu~sand coiumns. Proposed mrde!srange from single-story/three-bedroom unit to ~ ~,,,'o-s~ow/five bedroom ~'~ _ u, ,~, with air concir. Joned i[ving areas ranging from 2,210 sc:unto fee~. :o 2,9.3~, souare fee~. The maximum densi~/ allowed by the Low DensiL--y Residential land use classification is du/ac, which would provide l;he developer a maximum of ~.7 units. Maximum height, in ail , ad~tuo,,, PUD residential zoning distriC-~s except R-3 Plul~i-family Residentia! is 30 feet. in regular!ohs require that perimeter buffers and setbacks within PUDs must mirror those in abusing deve!opmenl: to ensure adequate separation beb~zeen buildings. The proposed landscape Puffer of Z0 feet combined with the proposed rear setback of 15 feet equals the required setbacks and buffer of the Silverlake development. Both the elementary schooi building to the east, and the Chanted!air deve!opment to the sout,h are more t,han adequa~e[y separated from building sites in the proposed de,/e!opment. The site does not provide direct access to a major roadway or transportation system, which ~s a requirement for major planned unit developments (Land Development Regulai:ions, Chaor. er 2.5, Section 8, A). This requirement was placed in the code primarily to address impacts of larger developments that otherwise might: in[roduce large amounts of traffic onto local n,e!ghborhood s[reets, and to properly distribute traffic onto the adjacent roadway syscom. Since .'.he impacts from the proposed development are exposed to be minor as compared to the average PUD, due to the facts that there are'slightly less than ~.0 acres in the development and only ~7 dwelling units, staff does not consider the requirement ~o have the impotence that would usually be given to it. PROJECT ANALYSIS T;!s :;c:e"7,' :s ~ess than ~_0 ~_::es !n s:ze, 3nd therefore ~nis proposed amencJment To the comprehensive plan is considered a "small-scale" amendment and !s no". subje~ to "compliance review" by ~.he Fiorida Depa~ment of Communit"/Affairs (DCA). This means that the proposed amendment, if approved by the cie/, wilt be adop[ed, then fonwarded to the DCA for records ~"large-scale" amendments cannot be adopted un~il reviewed for consistency 2y DCA). State annexation law allows the annexation of enclaves that are less than 10 acres without consent of property owners; however, in this ins:anco, the annexation is at the request of ~he 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 leve!-of-ser~*ices s~andards, and incrementally annexing enclave properties with the intent to reduce them below the !0-acre threshold. Pursuant to Section 9.C.2(2) of ~he Land Development Regulations, s~aff is required to review the petition against ~he eight (8) criteria by which rezonings are :o be reviewed as indicated in Section 9.C.7., as this petition is consistent with the ciP/'s Comcrehensive P!an Future Land Use Map designation for properties to be annexed within this vicinib/. Zns~ead, staff analysis will relate to consistency with other relevant portions of it:he Comprehensive Plan, the ci~"s annexation program and sera, ice capabiti~. Page 4 File Number: L~JAR 03-O05/ANEX 03-001 Serrano Beach ~ne requested land use and zoning is consiscen~ Use Problems and Oooortunities; found in ~ =~n Ccmorehensive Plan. Sub-se~ion 8.c. of '~ ' ' ~e_~, ,, ,a~ doc~men~ s~a~es t~ t,~e south and t~e sm~/e-Fam//y subd/v/~/~n /y~ ~o t~e no~,~." 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 annexado of enclaves. These opinions have been based on the following l) 2) 3) The enclaves are ail' ~ ~mm~ately adjacent ~o areas within the c',:./~at curren~,v receive urban services; Ample service capacity exists to serve adjacent unincorporated properties; and Host enclaves currently receive service from the city via the mural agreement (Police and Fire/EHS onlyl. ~ne Palm Beach County Traffqc Engineering Department has reviewed the applicant's traff'~c study and verified that capacity exists on Congress Avenue to accommodate ~his proposed amendment. ]:n addition, the City's Director of Public Works has determined that no improvements to Palmland Drive will be necessitated by the impacts of proposed development. The Palm Beach County Planning Division has also reviewed the application and has determined tJnaI: Eno deve!opment: will no1: result in a negative impact on the area roadway neUCVork in the ,~=_ar With resoect to solid waste, in a let%er dated December ~8, 2001_ the Palm Beach County Solid Waste A'uthori~' ',nas stated tha~ adequate capacity exists to accommodate the county's municipalEies ~hroughout the :[O-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. CO N CLUS]:O NS / RECOH HEN DAT~O N S As indicated herein, this request is consisten~ with the in~ent of the Comprehensive Plan; will not: creat:e additional impacts on infrastructure that have no~ been anticipated in the Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staff recommends that: the subje~ request beappro~ed. Tf conditions of approval are recommended by the Planning and Development Board or required by the City Commission, they wilt be included as Exhibit "B". ; ,$H.~CATA\p~ann,nq\S~,~RED\w~P~OJE~\Se~"ano ~.~ch\LUAR 03-'~0~'~5TA,~.~ ;~EPcRT NL Location Map ]SITE PU REC PU 800 ~ee~ $ XII. - LEGAL CITY OF BOYNTON BEAC ITEM A.4 AGENDA ITEM REQUEST FO..,.. Requested City Commission Meeting Dates [] August 5, 2003 [] August 19, 2003 [] September 2, 2003 [] September 16, 2003 Date Final Form Must be Turned in to City Clerk's Office July 14, 2003 (Noon.) August 4, 2003 (Noon) August 18, 2003 (Noon) September 2, 2003 (Noon) Requested City Commission Mcetimt Dates [] October 7, 2003 [] October 21, 2003 [] November 5, 2003 [] November 18, 2003 Date Final Form Must be Turned in to City Clerk's Office September 15, 2003 (Noon) October 6, 2003 (Noon) October 20, 2003 (Noon) November 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Legal [] Announcement [] New Busmess [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfimshed Business RECOMMENDATION: Please place this request on the September 2, 2003 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission approved this request under Legal, Ordinance First Reading on August 19, 2003. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-168. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Serrano at Boynton (LUAR 03-005) Chip Bryan, Julian Bryan & Associates, Inc. Beth Peschl Approximately one-quarter mile west of Congxess Avenue, north of the L-28 canal, South of Golf Road Request to rezone a 9.74-acre parcel from AR (Palm Beach County) to Planned Unit Development (PUD) in preparation for the site plarmmg of 47-single family, zero-lot line homes. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A D eve l~sf~me'nt ~D~'parlment [~ector Ctty Manager's Signature Planning and Zoni~ ~)trector City Attorney / Finance / Human Resources S:XPlanning~SHARED\WPXPROJECTSXSerrano BeachXLUAR 03-O05'~A. genda Item Request Serrano at Boynton -Rezone-LUAR 03-005 2nd reading 9-2- 03.dot S:~BULLETIN~ORMS~,AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 03- OOt~} AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF SERRANO AT BOYNTON, AMENDING ORDINANCE 02-013 OF SAID CITY BY REZONING A PARCEL OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM AR (PALM BEACH COUNTY) TO PLANNED UNIT DEVELOPMENT (PUD); PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and WHEREAS, Beth Peschl, as owner of the property more particularly described hereinafter, for the project known as Serrano at Boynton., has filed a Petition, through its agent, Chip Bryan, Julian Bryan & Associates, Inc., pursuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of rezoning a parcel of land consisting of approximately + 9.74 acres, said land being more particularly described hereinafter, from AR Development (PUD); and WHEREAS, the City Commission (Palm Beach County) to Planned Unit conducted a public hearing and heard testimony and received evidence which the Commission finds supports a rezoning for the property hereinafter described; and WHEREAS, the City Commission finds that the proposed rezoning is consistent with an amendment to the Land Use which was contemporaneously considered and approved at the public hearing heretofore referenced; and WHEREAS, the City Commission deems it in the best interests of the S:\CA\Ordinances\~lanning\Rezoning\Rezoning - Serrano.doc inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter set NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section l. The foregoing Whereas clauses are true and correct and incorporated by this reference. ;ection 2. The following described land, located in the City of Boynton Beach, as set forth as follows: The Southeast quarter (S.E. 1/4) of the Southwest quarter (S.W. 1/4) of the Southeast quarter (S.E. 1/4) of Section 31, Township 45 South, Range 43 East, Palm Beach County, Florida. LESS the South 40 feet thereof. AREA OF SITE: 424,377 Square Feet or 9.742 Acres, more or less. Containing approximately +9.74 acres of land and the same is hereby rezoned fi.om AR (Palm Beach County) to Planned Unit )evelopment (PUD). A location map is attached hereto as Exhibit "A" and made a part of Ordinance by reference. Section 3: That the aforesaid Revised Zoning Map of the City shall be amended Section 4: All ordinances or parts of ordinances in conflict herewith are hereby Section 6: Should any section or provision of this Ordinance or any portion thereof declared by a court of competent jurisdiction to be invalid, such decision shall not affect the of this Ordinance. Section 7. This ordinance shall become effective immediately upon passage. :IRST READING this Iq day of iqelflua'r ,2003. S: \CA\Ordinances\Planning\Rezoning\Rezonin~- Serrano.doc ECOND, FINAL READING and PASSAGE this __ day of ,2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ;T: Commissioner Clerk Corporate Seal) S:\CA\Ordinances\Planning\Rezoning\Rez°ning - Serrano.doc Location Map Serrano at Boynton Beach / I / 1_2L P I ,i PU REC t I~ PU DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ03-168 THROUGH' DATE: PRO.1ECT MAi'fiE/NUMBER: REQUEST: Chairman arc u=,-_..opmen: Pdayor and Cb/Com~ss',on Dick HuCso~~ Senior Planner ~ichael W, ~umpr Oirec?or of Planning and Zoning July il, 2003 Serrano Beach .Annexation (ANEX 0'~-n0~) and Land Use AmendmenC/Rezoning (LUAR 03-©05) To annex the subject pro¢~em.;'; 1:o reclassify from NIR-S Medium DensitY/ Resicen..-ial (Palm Beac:h Count'/) to Low Densib/Resident. iai (CiTy), and · '~ ~.es,c=n~,a~ to PUD Planned Ur, i: to rezone fromAR-Agr~cu~ural ~' ;'- : ' Development ,' ican~,"Agen:: LOC~on. Size; _x,s .... g Land Use : ' -' ~ Zoninc: Proposed Land Use' Proposed Zoning' Proposed Use: P RO.] ECT DESCRIPT]:ON E.e[n Pescni Chip Bryan/julian Brian and Associates, inc. i,300 feet ,,ves; of Congress Avenue on [ne nor'{~ sloe of :ne Wo~h Drainage Distr~c: La~erai Canal 25 ('_-28) (see Exni~i: PCN ~ 00-~3-A5-31-00-000-5020 :9.7~ acres ~1R-5 (Palm Beach CounT/) (3-5 d,,ve!!in~ uni:s per acre AR-USA, .~gricuJturai-Residentiat in ~he Ur3an Set/cas Area (Sa~m Beach Count) Low Oensi~ Residential ~" 84 du/'ac) PUD Planned Unit Deve~opmen[ ~7 zero Io~ line single family homes ~a~e 2 File Number-: ~,,.,,-.,R 03-,305/ANEX 03-00! Serrano Beach Adjaca,nt Uses: zoned PUD '-~ =' , PUD is 2.04 alu/ac. To ~he no~nwest, unincorporated dave!teed wi~h one, U,vo stow single-family residence designa[ea HR-5 (Heaium Oensiu/ Residential at 5 du,/ac) and zoned AR-USA, Agricultural Residential in (he Urban Sen/ices 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 (Chan~eclair Villas Condominiums) designated HDR (High DensiuW Residential au 3.0.8 du/'ac) and zoned R-3 Nulti-family Residential (10.8 du/ac). Actual built density of the duplex unit develobment is 7.42 du/ac. To t:he west of Chantectair Villas is the Palmland Villas deve!opmenc with a built density of 8.57 du/ac. East: Developed Elementary (Crosspointe) School designated P~GI (Public & Private Governmenc=l/.Tnsd~uuonal) and zoned ?U ~ubiic Use. West: Prope~/within the Village of Golf designated single family resident:iai and built at a densib/of 0.3 du/ac. The prope,~Y im-.=.~=~=I,,~ ........ / a~=~=.-~ ..... r.o ~he sueje~ ~,~= .... consis~ of one sinale-_ family home on a 1.6 acre parcel and a potion of a vacant parcel of 4.5 acres. MASTER/SITE PLAN ANALYSIS All applications for a. rezoning to a PUD Planned Unit Development must be accompanied by a mascer/si[epian. In this instance, a site plan has been submi~ed and is being reviewed simultaneously with this application. The pian shows r. hirty-nine (39) of the homes arranged backing up to the periphery of the property. A ten (!0) foot: landscape buffer tract., surrounds ~hese buildings, and a loop road provides access. An additional eight (8) residences are oosidoned inside the loop road on the no~h of the proce..~3/. A lake, almos: an acre in size, 'occupies the center of ~he prope..~cy and a sinai[ :pt-lo[ is s~.own al [he southwest c. 3rner of the !pop road. Loc sizes are ~'pical!y 1!_5 feet by 4_5 feet. Building sea-backs are as follows: Front: 25 fee~ to road/drive edge Side !0 feet one side Rear to Buffer l0 fee*. (20 fee~. separation) (Rear Setback adjacent to Silverlake 15 feet [25 feet separation]) Page ] F!ie ~Jumber: LUAP, O3-005/ANEX 03-001 ~er--:no ~each 2esicns shown for the residences are a Cer:,va~ive of ?!ed[~erranean architecture ',,X~n ~ _~ol~u~s and columns. Proposed mcde!s fence ..,.,a',!s, S-t~ie roofs and decorative moltings, ~ '~ . from si~gle-ston//three-bedroom un~c ?3 a T,,;o-s~on//'~,',e bedroom un,c, ~i;,h air ~ "~: ::.,'ing areas ranging from o,~ Z0 seuare fee: -~ ~ CR~ square The maximum densib/ allowed by ~he Low Densib/ Residential land use classification is ou/ac, whichwould provide~hedeveiopera maximum of~7units. Flaximum height in all residential zoning distri~ except R-3 Plulti-family Residential is 30 fee~. in addition, PUD ferule[ions require that perimeter buffers and seCDacks within PUDs must mirror those aeu~ing devetopmen~ to ensure adequate separation be~4zeen buildings. The proposed - landscape buffer of Z0 feet combined with ~he proposed rear setback of Z5 feeC equals ~he required so,backs and buffer of the Silverlake development. Bo~h the elementa~ school ~uilding to the east, and the Chanteclair developmen~ to the sou[h are more than adequately segarated from building sites in ~he proposed development. The si~e does not provide dire~ access to a major roadway or transpo~a~ion system, wmcn ~s a requiremen~ for major planned uni~ developmen~ (Land Development Regulations, Chapter 2.5, Section 8, A). This requiremen~ was placed in the code primarily to address impa~ of larger ~eve!opments that o~he~ise migh~ introduce large amoun~ of trafffic onto local neighborhood s~ree~, and to properly distribute trafffic onto ~he adjacen~ roadway system. Since the impa~ from the proposed developmen~ are expe~ed to be minor as compared to the average PUD, due tothe fa~ ~hat there are'slightly tess than l0 acres in the development and only ~7 dwelling uni~, staff does not consider the requirement to have the impotence that usually be given ~o it. PROJECT ANALYSZ~ ~:-:.s :,-:;e~ ~s :::: ~an ~ ~ =~,=s in ¢~:= ~.~ '~='=~'= this ero~osed amendment ~o ~he comprehensive plan is considered a small-sca~e amendmen~ and is not subje~ to"compliance t~ ,_ Drooosed ,' w" by the Florida Depa~men~ of Communi~ Affairs (D~). This means that ~=, re Jla amendment, if approved by the ci~, will be adop[ed, then fonwarded to ~he DCA for their records ('large-scale" amendmen~ canno~ be adopted until reviewed for consistency by ~CA). Sta~e annexation law allows ~he annexation of enclaves that are less than Z0 acres without the consen~ of prope~ owners; however, in this instance, the annexation is ac ~he request of ~e .prope~ owner. Currently, obje~ives of the annexation program include annexing all enclaves iess ~han l0 acres in all areas of the Ci~ thaC mee[ adooted leve!-of-se~ices standards, and incrementally annexing enclave prope~ies wi~h the intent ~o reduce them below the Z0-acre ~hreshold. Pursuant ~o So,ion 9.C.2(2) of ~he Land Development Regulations, staff is required Co review the petition against ~he eight (8) criteria by which rezonings are ~o be "': n consis~en~ with the ci~'s reviewed as indicated in So,ion 9.C.7., as chis peuuo is Comorehensive ~an Future Land Use Hap designation for prope~ies to be annexed within this vicin~/, instead, staff analysis will relate to consistorial with oCmer relevant potions of the Comprehensive Plan, ~he ci~,'s annexation program and se~ice capabili~. P~ge 4 ~rraro ~eac~ The requested land use and zoning is ccnsisten; with [.~e ;ecommenca~ions of Sec:ion Viil Land Use Problems and Oooortunities; found in the suppom~ documents for the ~989 Cib/of 8ovnton ~each Comerehensive Plan. Sub-so.ion 8.d. oftna~documen~s~a~es: "~ff~se ~c~./s s,~ould ~e annexed ~C ~i~c~d ,,~ ~ffe Low Den5,"~ ~e~,"de.~,'~l de~ac~ed dwe/ling~, so as to be com~a~/ble w/~,~ t~e one-sro~ condomin/~m~ w,~/off //e ~o t~e ~our~ and t~e ~/n~/e-fam//y ~u~d/w~/on /y/n~ to t~e no~. in connection with previous annexation studies, departments most affected by annexations (e.g. Police, Fire, and Public Work.s), have been surveyed for issues related to service capabiii~,/ and costs. All opinions previously collected from these departments supported the incremental annexation of enclaves. These opinions have been based on the following' 2) The enclaves are alt immediately adjacen[ [o areas within the cie/thai curren[i'f receive urban services; Ample service capacity exists to serve adjacent unincorporated properties; and Host enclaves currently receive service from the city via the mutual aid agreement (Police and Fire/EHS 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 necessitated by The impacts of proposed development. The Palm Beach County Planning Division has also reviewed the application and has determined that the development will not result in a negative impact on the area roadway network in the year 2020. With re£pe~ to solid waste, in a leper dated December 18, 2001 the Palm Beach County Solid Waste Authorit/has stated that adequate capacity exists to accommodate the counq/s municipalities throughout the 10-year planning period. The School District of Palm Beach Count,/ has reviewed the application and has determined that adequate capacity exists to accommodate the resident population. Lastly, drainage will also be reviewed in detaq as part of the review of ~h~ conditional use application, and must satis~ all requirements of the city and local drainaoe permitting authorities. CONCLUSIONS [ RECOMM EN DA'i-lO NS As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staff.' recommends that the subject, request be approved. !f conditions of approval are recommended by the Planning and Development Board or required by the City Commission, Ehey will be included as Exhibit "B". Location Map PU REG PU 800 F'eet XII. - LEGAL ITEM A.5 CITY OF BOYNTON BEAC[ AGENDA ITEM REQUEST FOI vl Requested City Commission Meeting Dates [] August 5, 2003 [] August 19, 2003 [] September 2, 2003 [] September 16, 2003 Date Final Form Must be Turned in to City Clerk's Office July 14, 2003 (Noon.) August 4, 2003 (Noon) August 18, 2003 (Noon) September 2, 2003 (Noon) Requested City Commission Meeting Dates [] October 7, 2003 [] October 21,2003 [] November 5, 2003 [] November 18, 2003 Date Final Form Must be Turned in to CiW Clerk's Office September 15, 2003 (Noon) October 6, 2003 (Noon) October 20, 2003 (Noon) November 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Heating [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the September 2, 2003 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission approved this request subject to staff comments, under Legal, Ordinance - First Reading on August 19, 2003. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-173. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Boynton Commerce Center (ABAN 03-005) Winston Lee, Winston Lee & Associates, Inc. Nayrot Realty, Inc. Southwest comer of 1-95 and Woolbright Road Request for an abandonment of an existing ingress/egress easement. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES:,,.,~ N/A Developn~t iSep~rt~ne-nt Dire[tor //C~f~ M4~an~igna~e P]anmn-g an~ Zorfi~gtDirector City Attorney / Finance / Human Resources SSPIanning~SHARED\WPXPROJECTS~Boynton Commerce Ctr~Boynton Commerce Ctr, Lot 3BXABAN 03-005XAgenda Item Request Boynton Commerce Ctr ABAN 03-005 2nd reading 9-2-03.dot SSBULLETIN~FORMSX.&GENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 03 - Gu{ q AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ABANDONMENT OF AN EXISTING INGRESS/EGRESS EASEMENT WITHIN A PORTION OF PARCEL 3B & 3C (NO. 03-005) MORE PARTICULARLY DESCRIBED HEREIN, SUBJECT TO STAFF COMMENTS; AUTHORIZING EXECUTION O F A DISCLAIMER, WHICH SHALL BE RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the agent for Boynton Commerce Center Lot 3B, Winston Lee of Winston Lee and Associates, Inc., is requesting to abandon the 65 foot wide ingress/egress easement located within a portion of Parcel #B & 3C, subject to staff comments; and WHEREAS, comments have been solicited from the appropriate City Departments, and public hearings have been held before the City's Planning and Development Board, and the City Commission on the proposed abandonment; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby abandon a 65 foot wide ingress/egress easement located within a portion of Parcel 3B & 3C, subject to staff comments, and more particularly described as follows: A portion of Parcel 3B & 3C, BOYNTON COMMERCE CENTER according to the Plat thereof, as recorded in Plat Book 46, Pages 126 and 127, in the Public Records of Palm Beach County, Florida. Section 3. The City Manager is hereby authorized and directed to execute and deliver the attached Disclaimer and cause the same to be filed in the Public Records of Palm Beach County, Florida. Section 4. This Ordinance shall take effect immediately upon passage. FIRST READING this Iq day of_~.&~J~, 2003 S:\CA\Ordinances',Abandonments\Boynton Commerce Center Abd - 65 foot ~ngress-egress.doc SECOND, FINAL READING AND PASSAGE THIS ,2003. day of CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk S:\CA\On:iinances~ADandonments~oynton Commerce Cenle~' AIXI - 65 foot regress-egress.doc DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City of Boynton Beach, Florida, a municipal corporation, under the laws of the State of Florida, does hereby abandon a 65 foot wide ingress/egress easement, subject to staff comments, and more particularly described as follows: A portion of Parcel 3B & 3C, BOYNTON COMMERCE CENTER according to the Plat thereof, as recorded in Plat Book 46, Pages 126 and 127, in the Public Records of Palm Beach County, Florida. IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this __ day of August, 2003. ATTEST: CITY OF BOYNTON BEACH, FLORIDA Janet Prainito City Clerk Kurt Bressner, City Manager STATE OF FLORIDA ) )SS' COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and Janet Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach, Florida, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the execution thereof to be their flee hand and deed as such officers, for the uses and purposes mentioned therein; that they affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this ~ day of August, 2003. NOTARY PUBLIC, State of Florida My Commission Expires: S:\CA\Orclinances'~Abandonments\Boynton Commerce Center Abd .PlO - utdity easement.doc DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-173 TO: THRU FROM DATE: SUBJECT: ~, ~.,, m~,, a Members Planning and ©evelobment Board Michael W. Rumpf ' Planning and Zoning Director Maxime Ducoste-Am~d~e Planner Ju!y 16, 2003 BOYNTON COMMERCE CENTER Lot 3B (ABAN 03-005). Abandonment of an existing Ingress / Egress Easement within a portion of Parcel 3B & 3C. NATURE OF REQUEST The agent for Boynton Commerce Center Lot 3B, Winston Lee of Winston Lee and Associates, Inc., is requesting to abandon the 65-foot wide ingress/egress easement located within a portion of Parcel 3B & 3C. This request to abandon the ingress/egress easement was submitted on May 5, 2003. It is described as follows: ,-, the, eo~, as "por-don of Parcel 3B & 3C, BOYNTON COMMERCE CENTER acccrding to the Plat' , ~ recorded in Plat Bcok46, Pages 126 and 127, in the Public Records of Palm Beach County, Florida. The location map attached as Exhibit "A" shows the general vicinity of the ingress/egress easement to be =,~=: :_..~,.e_.-~' ..... ~ T'-e a:tache~ Exhibit "~'".~ - shows ~=.,.~ [ccaticn of the propose~ abandonment on the subject, prcpem.~' 'and includes a detailed location of the easement to be abandoned and its legal description. 'the, foiiowing is a descripiion of the zoning districts and land uses of :ine properties '~',,,~ surround ,'.ne' susle.c:'' North Deveioped retail commercial use (Lcwe's) zoned C-3 and faF, her north is right-of-wa'/fcr Woolbright Road and developed commercial properties zoned C-3; South - Parcel3-CofBoynton Commerce Center, PlD, industrialuses, zoned PID; East Right-of-way for S.A.L. Railway and father east is right-of-way for Interstate 95' and West Right-of-way for Corporate Drive then ~ ~= ~_r~.~, 3-H of Bcynion Commence Center, PID, used for parking and zoned PID, and farther west is right-of-,,vay for L.W.D.D. E-4 Canal. BACKGROUND ,On June 2, 1998, ~he City approved the master plan for the Boynton Commerce Center Planned Industrial D~st,~.~ .O.). A 65-foot wide easement, which runs east to west, currently functions as a means of ingress / egress to . _,'ce~ SC anc :ne suojec: parcel (Parcei 3B). The ap,clicant ,".as :he in:eh;ich of recucmg and relocating t~e 66-fcc: ingress/egress easement to facilitate the development of tlne last remaining lot in this PID (see Exhibit "C"- Boynton Commerce Center Lot 3B Site Plan). Once this easement is vacated, a new ingress / egress easement not less than 50-foot wide is proposed as a replacement (See Exhibit "D" - Conditions of Approval). Page 2 'Memoraadum No. PZ 03-173 · =, x ANALYSIS Pursuant t,s Chacter 22, A~Jcle III, Section 4 ~, t~'~, (~' "'~C~-:ce ~ '~ ~,;m~n~s have ~' ""';~::~ and ;ha recues~ has been adve~sec ',n t,'n,e ne,,vszazer. ~. ~o be a~andcned, all utiiitv,"" '"- '~ summer/cf me responses from ~he utilit"/comoanias and ci~.7 staff is as follows: CITY DEPARTMENTS/DIVISIONS Engineering Public Works/Utilities Planning and Zoning PUBLIC UTILIT-Y COMPANIES Florida Power and Light - Bell South - Florida Public Utilities Company Cable Company (Adelphia) - Cable Company (Comcast) No o~jecticn Approval with conditions (See Exhibit "D") h~o object, ion No objection No objection No objection No objection RECOMMENDATION Staff recommends that this request to abandon the existing 65-foot wide Ingress/Egress easement as describeC above, be approved, subject to the comments included in Exhibit "D" - Conditions of Approval. Any conditions required by the Planning and Development Board and the City Commission will be placed in Exhibit "D" - Conditions of Approval. Location Map BOYNTON BEACH COMMERCE CE~x-rER LOT 3 B EXHIBIT "A" R3 1' PCD C3 SKETCH ?_:. DESCRIPTION INGRESS & EGRESS EASEMENT ~CYNTON C, .... d--'': ~ ~ .=L>,- ECQK -'6 sC ' ?= &: 'l- >/~2 '2' '52 "-2 '. 25 '2 ' : * = ,.-? = 2,9.0 ~' / ,~:~ . L = 37. 8~c ' x~,,7 / =A~CEL 35 ~-.~ /' '-'"I'-.-.. ¥ m-- ?~ ~-~' ?:_' :,~ /-- __ ,,---...: .... .......... "-' A~I~OM~ASSOGIATES. l~O. '-':-" .4/,o,,.~-7'~ ./' SURVEYING &: MAPPING '"///E' ' 50 S.W. 2NO AVENUE. SUITE IBOCA RATON. P"L. OI::IlOA 334,32 EXHIBIT "B" JOB ,-r'-' DATE: 1.%, LEVf'TT COMMERCIAL EXHIBIT "D" Co~dkions of Auuuoval Projec: name: Bo~on Commerce Center Lo~ 3B File number: ABAN 03-005 DEPARTMENTS FNCLU-D E PUBLIC WORKS- General Comments: 1. The proposed replacement easement to the 65-foot wide in.ess / e~ess X easement shall be replaced w-ith a 50-foot utility easement. PUBLIC XVOR_KS- Traffic Comments: None X UTILITIES Cow=-r, ents: %'one X FIRE Comments: None X POLICE Corrkm..ents: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X ., PARKS AxND RECREATION Cow.met.ts: None X FORESTER/ENVIRONMENTALIST Comments: None X , _ PLANNING AND ZONING Comments: None X ~} Conditions of Approval DEPARTMENTS fNCLL"DE REJECT PRIVATE UTILITIES Comments: [ 2. Adelphia: None X 3. Florida Power & Light: None X 4. Florida Public Utilities Company: None X 5. Bellsouth: None X ADDITION.aL PLANNING AND DEVELOPMENT BOAR_D CONDITIONS Comments: , 1. None ADDITIONA_L CITY COMMISSION CONDITIONS 1. To be determined. 1 S.,P~annm~,.~HAREC\WP'pRCjE,~TS'~oynt~.~ C~rr,."r, er,~_~ Ctrk floyntcn C,.3rr'~,erce Cfr Lz; ~5~,A~AN C3-C~5~COA.~CC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Boynton Commerce Center Lot 3B ABAN 03-005 APPLICANT'S AGENT: Winston Lee-Winston Lee &Associates, Inc. APPLICANT'S ADDRESS: 1532OIdOkeechobeeRoad#106WestPatmBeacn, FL 33409 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 2, 2003 TYPE OF RELIEF SOUGHT: Request abandonment of an existing Ingress/Egress Easement. LOCATION OF PROPERTY: Boynton Commerce Center PID between Woolbright Road & Gold Road 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: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 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". 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. 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\Boynton Commerce Ctr\Boynton Commerce Cir. Lot 3BbABAN 03-005\DO.doc XII. - LEGAL ITEM A.6 CITY OF BOYNTON BEAC] AGENDA ITEM REQUEST Requested City Commission Meeting Dates [] August 5, 2003 [] August 19, 2003 [] September 2, 2003 [] September 16, 2003 Date Final Form Must be Turned in to City Clerk's Office July 14, 2003 (Noon.) August 4, 2003 (Noon) August 18, 2003 (Noon) September 2, 2003 (Noon) Requested City Commission Meeting Dates [] October 7, 2003 [] October 21,2003 [] November 5, 2003 [] November 18, 2003 Date Final Form Must be Turned in to Ci~ Clerk's Office September 15, 2003 (Noon) October 6, 2003 (Noon) October 20, 2003 (Noon) November 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the September 2, 2003 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission approved this request subject to staff comments, under Legal, Ordinance - First Reading on August 19, 2003. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-175. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Boynton Commerce Center (ABAN 03-007) Winston Lee, Winston Lee & Associates, Inc. Nayrot Realty, Inc. Southwest comer of 1-95 and Woolbright Road Request for an abandonment of a Florida Power and Light easement. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A D e v e 1 op~'g;t 4~ el~a~rl~nt Dir'/~ctor City Manager's Signature Planning and Zoxjifibg~irector City Attorney / Finance / Human Resources S:~lanning~SHARED\WP~PROJECTS~Boynton Commerce Ctr~Boynton Commerce Ctr, Lot 3BLa~BAN 03-007XAgenda Item Request Boynton Commerce Ctr ABAN 03-007 2nd reading 9-2-03.dot SSBULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 03-Oq~' AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ABANDONMENT OF A FLORIDA POWER AND LIGHT EASEMENT, (NO. 03 -007) MORE PARTICULARLY DESCRIBED HEREIN, SUBJECT TO STAFF COMMENTS; AUTHORIZING EXECUTION O F A DISCLAIMER, WHICH SHALL BE RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND PROVIDING AN EFFECTWE DATE. WHEREAS, the agent for Boynton Commerce Center Lot 3B, Winston Lee of Winston Lee and Associates, Inc., is requesting the abandonment of a Florida Power and Light easement that runs through the north V2 of Section 32, Township 45 South, Range 43 West, lying West of the Seaboard Airline Railroad right-of-way and East of the Lake Worth Drainage District Canal E-4, subject to staff comments; and WHEREAS, comments have been solicited from the appropriate City Departments, and public hearings have been held before the City's Planning and Development Board, and the City Commission on the proposed abandonment; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby abandon a Florida Power and Light easement, subject to staff comments, and more particularly described as follows: The north ¥2 of Section 32, Township 45 South, Range 43 West, lying West of the Seaboard Airline Railroad right-of-way and East of the Lake Worth Drainage District E-4 Canal SUBJECT to restrictions, reservations and easements of record, Palm Beach County, Florida. Section 3. The City Manager is hereby authorized and directed to execute and deliver the attached Disclaimer and cause the same to be filed in the Public Records of Palm Beach County, Florida. Section 4. This Ordinance shall take effect immediately upon passage. FIRST READING this Iq day of ~,u.-~T ,2003 S:\CA\Ordinances~Abanclonme~ts\FP&L - Boynton Commerce Center Al~andonme~t.doc SECOND, FINAL READING AND PASSAGE THIS ,2003. day of CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk S::CA\Ordinances~Abandonments\FP&L - Boynton Commeme Center Abandonment.doc DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City of Boynton Beach, Florida, a municipal corporation, under the laws of the State of Florida, does hereby abandon a Florida Power and Light easement, subject to staff comments, and more particularly described as follows: The north 72 of Section 32, Township 45 South, Range 43 West, lying West of the Seaboard Airline Railroad right-of-way and East of the Lake Worth Drainage District E-4 Canal SUBJECT to restrictions, reservations and easements of record, Palm Beach County, Florida. IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this __ day of August, 2003. ATTEST: CITY OF BOYNTON BEACH, FLORIDA Janet Prainito City Clerk Kurt Bressr.:r, City Manager STATE OF FLORIDA ) )SS: COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and Janet Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach, Florida, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the execution thereof to be their free hand and deed as such officers, for the uses and purposes mentioned therein; that they affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. ~rITNESS my hand and official seal in the said State and County this ~ day of August, 2003. NOTARY PUBLIC, State of Florida My Commission Expires: S:\CA\OrdinancesVkbandonment$~P&L ' Bo'ynton Commerce Center Abandonment dOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-174 THRU' FROM: DATE: SUBJECT: Chairman and Members Planning and Development Board Michael W. Rumpf Planning and Zoning Director Maximeplanner Duc°ste-AmBd~ek'~~'~'~ July 15, 2003 BOYNTON COMMERCE CENTER Lot 38 (ABAN 03-007) Abandonment of a Florida Power and Light easement that runs through the north ~xS of Section 32, Township 45 South, Range 43 West, lying West of the Seaboard Airline Railroad right-of-way and East of the Lake Worth Drainage District Canal E-4. NATURE OF REQUEST The agent for Boynton Commerce Center Lot 3B, Winston Lee of Winston Lee and Associates, inc., is requesting :o abandon a Flonda Power and Light easement that runs tnrouoh the no.'th !.~ of Section ~2, Township 45 S~,u~,,. Range ~o West, lying West of the Seaboard Airline Railroad right-of-way and East of the Lake Worth Drainage - -ict Canal E-4. This request was submitted on May 5. 2003. It is described as follows: The north '/~ of Section 32, Township 45 South Ronco 43 W_s,, lying West of the Seaboard Airline Railroad right-of-way and East of the Lake Worth Drainage District E-4 Canal SUBJECT to restrictions, reserzafions and easements cf record, Palm Beach Count,/, Florida. -~he location map attached as Exhibit "A" shows the general vicinit'7 of the easement to be abandoned. The a.-tached Exhibit "B"- shows the location of the proposed abandonment on the subject prcpem./and includes a detailed location of the easement to be abandoned and its legal description. The following is a descriptibn of the zoning districts and land uses of the probables that surround ,h~ subject :equest. North Developed retail commercial use (Lowe's) zoned C-3 and farther north is right-of-way for Woolbright Road and developed commercial properties zoned C-3; South Parcel 3-C of Boynton Commerce Gen,,r, PID, industrial uses, zoned PID' East Right-of-way for S.A.L. Railway and father east is right-of-way for Interstate 95; and West Right-of-way for Corporate Drive then Parcel 3-H of Boynton Commerce Center. PlO. used for parking and zoned PID, and farther west is right-of-way for LW.D.D. E-a. Canal. BACKGROUND L,,, June 2, 1998, the City approved the master plan for the Boynton Commerce Center Planned Industrial District P.I.D.). A Florida Power and Light easement, which runs through the Boynton Commerce Center from Woolbright Road ~o Gotf Road. This easement, which has no width, was intended to support an overhead FP&L transmission ine. FP&L has indicated this easement affects no existing FP&L facilities. The applicant has the intention of ~age 2 A,~A;,I ,J3-.207 ,,'sca:~nc ;~ne easem, ent r.o facilitate ,:he deveiocmen:, cf :he :as; -e.ma:n~ng ;.c~ :n :cio PiO (..see E;<z',c;: 'C'- Bo'? ~.:.;~ Comma;ce Center Lot 3B Site Plan). Stair un,"=rstancs :nat ;his ;rans,m~ssicn line has been re-rrCU;eC caraiIei :o :he L'zVDO E-~z Canal rignt-oflway along the ,,*zest side c~ ~ne Bcyn[on Beach Ccmmerce Con:er. ANALYSIS Pursuant' to Chapter 22, A~icle Ill, Section ,,," oubtic notice ,,,;as given to the .orooe¢/. owners that abut the easemec, t t.3 i3e abandoned, ail utilib/companies have been nodfied and the request has been advertised in ~he newspafer. A summa¢/of the responses from the utili~ companies and cit-,/staff is as follows' CITY © EPARTMENTS/DIVISIONS Engineering Public Works,"Utiiities Planning and Zoning PUBLIC UTILITY COMPANIES Fiorida Power and Light Bell South Florida Public Utilities Company Cable Company (Adelphia) Cable Company (Comcast) No objection No o0jection bio objection No objection No objection No objection No objection N/A RECOMMENDATION Staff,' recommends ;;nat this request to abandon the exisdng Fiorida Power and Light easement as described above, be approved, subiect to the comments included in Exhibit "D" - Conditions of Approval. Any conditions required b,/ the Planning and ©eve!opment Board and the Commission ,,*,'ill be piaced in Exhibit "D" - Conditions of Approval. xc: Centrai File Location Map R3 ~ - POD /PU'D EXHIBIT "C" ,j, EXHIBIT "D" :roject name: Boston Commerce Center Lot 3B number: ?d~AN 03-007 DEPARTMENTS ~'CLL '-DE ?~EJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE X Comz~nents: None POLICE ,7. z .-._-..~:.t:: .x': ns X ENGI~'EE1RING DIVISION' Comments: None X BUILDING DIVISION Comments: None X PAR.KS AND RECREATION Comments' None X FORESTERfEN¥IRONME NTALIST X Corrtment5: PLANNING AND ZONING Comments: None X Condkions of ApprovM CoFP~nents: 1. Adetphia: None. DEPARTMENTS PRIVATE UTILITIES 2. Florida Power & Light: None. FNCLU'DE X X KEJECT 3. Florida Public Utilities Company: None. 4. Bellsouth: None. X X ADDITIONAL PLANNING gaN"D DEVELOPMENT BOARD CONDITIONS Comments: !. None X ADDITIONAL CITY COMMISSION CONDITIONS C or::~.er, rs: ~,. To be dete,wn/ned. S.,P~annmg\SNAREG\W~PROJECTSX~o,intcn Camrr~er~e C~'X goyntan C~,m,'r~rce C:r Lzt 28~ABAN DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME 'Boynton Commerce Center Lot 3B ABAN 03-007 APPL!CAFIT'S AGENT: Winston Lee -Winston Lee & Associates, Inc. A?PLICANT'SADDRESS: 1532 OId Okeechcbee Road #106 West Palm Beach, FL33409 DATE OF HEARING RATIFICATION BEFORE CIT~ COMMISSION: September 2, 2003 TYPE OF RELIEF SOUGHT: Request abandonment of a Florida Power & Light Easement. LOCATION OF PROPERTY: Boynton Commerce Center PID between Woolbright Road & Golf Road 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 Cib/of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimcny from the applicant, members of city administrative staff and- the public ~inds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 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". 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. 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:,p~anmng~S~AF(ED~,W~Pm(OJECTS;8oynlorl Commerce Ctr',8~ynlon Corrrnerce C:t. Lot 3~..~N 0~)-~0Tt00 ~OC XlI. - LEGAL TrEt4 A.7 CITY OF BOYNTON BEA( AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] August 5,2003 [] August 19, 2003 [] September 2, 2003 [] September 16, 2003 Date Final Form Must be Turned in to City Clerk's Office July 14, 2003 (Noon.) August 4, 2003 (Noon) August 18, 2003 (Noon) September 2, 2003 (Noon) Requested City Commission Meeting Dates [] October 7, 2003 [] October21, 2003 [] November 5, 2003 [] November 18, 2003 Date Final Form Must be Turned in to City Clerk's Office September 15, 2003 (Noon) October 6, 2003 (Noon) October 20, 2003 (Noon) November 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the September 2, 2003 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission approved this request subject to staff comments, under Legal, Ordinance - First Reading on August 19, 2003. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-175. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Boynton Commerce Center (ABAN 03-008) Winston Lee, Winston Lee & Associates, Inc. Nayrot Realty, Inc. Southwest comer of 1-95 and Woolbright Road Request for an abandonment of a portion of a utility (water) easement. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: ~ N/A Develo~f[~t D~-~ent Dir~ector City Manager's Signature Planning and ~othing Director City Attorney / Finance / Human Resources SSPlanning~SHARED\WP\PROJECTS~Boynton Commerce CtrXBoynton Commerce Ctr, Lot 3BXABAN 03-008~Agenda Item Request Boynton Commerce Ctr ABAN 03-008 2nd reading 9-2-03.dot SSBULLETINX, FORMS~AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 03 - AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ABANDONMENT OF A PORTION OF A UTILITY (WATER) EASEMENT LOCATED ON THE SW CORNER OF 1-95 AND WOOLBRIGHT ROAD (NO. 03-008) MORE PARTICULARLY DESCRIBED HEREIN, SUBJECT TO STAFF COMMENTS; AUTHORIZING EXECUTION OF A DISCLAIMER, WHICH SHALL BE RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the agent for Boynton Commerce Center Lot 3B, Winston Lee of Winston Lee and Associates, Inc., is requesting to abandon a portion of a utility easement, which lies on a portion of Parcle 3B in the Boynton Commerce Center PID, subject to staff comments; and WHEREAS, comments have been solicited from the appropriate City Departments, and public hearings have been held before the City's Planning and Development Board, and the City Commission on the proposed abandonment; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby abandon a portion of a Utility easement, which lies on a portion of Parcel 3B in the Boynton Commerce Center PID, subject to staff comments, and more particularly described as follows: A portion of Parcel 3B, BOYNTON COMMERCE CENTER according to the Plat thereof, as recorded in Plat Book 46, Pages 126 and 127, in the Public Records of Palm Beach County, Florida. Section 3. The City Manager is hereby authorized and directed to execute and deliver the attached Disclaimer and cause the same to be filed in the Public Records of Palm Beach County, Florida. Section 4. This Ordinance shall take effect immediately upon passage. FIRST READING this I~ day of ~t~tt~'r ., 2003 S:\CA~Ordinances'~Abandonn',ents\Boynton Commerce Center Abd -PID - utility easement.doc SECOND, FINAL READING AND PASSAGE THIS __ ,2003. day of CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner Clerk k\CA\Orclinances'~,banclonments~oynton Coo'rnerce Center Abd .PID - utility easement.doc DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City of Boynton Beach, Florida, a municipal corporation, under the laws of the State of Florida, does hereby abandon a portion of a Utility easement, which lies on a portion of Parcel 3B in the Boynton Commerce Center PID, subject to staff comments, and more particularly described as follows: A portion of Parcel 3B, BOYNTON COMMERCE CENTER according to the Plat thereof, as recorded in Plat Book 46, Pages 126 and 127, in the Public Records of Palm Beach County, Florida. IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this __ day of August, 2003. ATTEST: CITY OF BOYNTON BEACH, FLORIDA Janet Prainito City Clerk Kurt Bressner, City Manager STATE OF FLORIDA ) )SSi COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and Janet Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach, Florida, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the execution thereof to be their free hand and deed as such officers, for the uses and purposes mentioned therein; that they affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this ~ day of August, 2003. NOTARY PUBLIC, State of Florida My Commission Expires: S:\CA\Ordinancesg, Abandonments\Boynton Con'w~rce Center Abd -PlO - utility easement.cloc DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ03-175 TO: THRU: FROM' DATE: SUBJECT: Chairman and Members P!anning and De,/elopmen~ Bcarc Micnae! W. Rumpf t'~L-? Planning and Zoning Director Maxime Ducoste-Am6d~e ~.,~, Planner July 15, 2003 BOYNTON COMMERCE CENTER Lct 3B (ABAN 03-008). Abandonment of a portion of a Utility (water) Easement. A portion of Parcel 3B, BOYNTON COMMERCE CENTER. NATURE OF REQUEST The agent for Boynton Commerce Center Lot 3B, Winston Lee of Winston Lee and Associates, Inc., is requesting cc abandon a portion of a Utiii~/easement, which lies on a cortion cf Parcel 38 in the Boynton Commerce Center p~.,'h. This request was submitted on May 5, 2003. It is cescri0ed as follows' A portion of Parcel 3B, BOYNTON COMrv1ERCE CENTER according to the Plat thereof, as recorded in Plat Book 46, Pages 126 and 127, in the Public Records of Palm Beach County, Florida. The location map attached as Exhibit "A" shows the general vicinitY of the easement to be abandoned. The a~ached Exhibit "B"- shows the location of the proposed abandonment on the subject property and includes a detailed iocation of the easement to be abandoned and its legal description. The following is a description of the zoning districts and land uses of ,h~ orooerties that surround the suojec: 'equest. North South East West E)evetoped retail commercial use (Lowe's) zoned C-3 and farther north is right-of-way for Woolbright Road and developed commercial properties zoned C-3; Parcel 3-C of Boynton Commerce Center, PID, industrial uses, zoned PID; Right-of-way for S.A.L. Railway and father east is right-of-way for Interstate 95; and Right-of-way for Corporate Drive then is Parcel 3-H of Boynton Commerce Center, PID, used for parking and zoned PlO, and then farther ,,vest is right-of-way for L.W.O.O. Canal. BACKGROUND _ .une 2, 1998, the Cib/approved the master plan for the Boynton Commerce Center Planned Industrial District P.l.O.). An existing utilib/easement is located on Lot OB. This easement supports a monitoring well for the supply .veil I=ield located around the perimeter of the Boyntcn Commerce Center PIE). There currently exist a fire hydrant :cared within this easement. The applicant has the intention of vacating the easement relocating the fire hydrant as :a~ of the concurrent site plan (see Exhibit "C"- Boynton Commerce Center Lot 3B Site Plan). The relocation wiil '.~=mcr~n,dt.;m .No. PZ 03-i 7:5 A~'qALYSIS Pursuant to ""'~-""'= ¢'p Ar;icle 111, Section ~, '-,u~iic ~c;:ce ,,,.'as given :c 'he :rccer:'./3,,,¢ners :~a'. a:u; '.he easemer; :o be abandoned ali utility ccmoanies have been ~ ';¢:*~ and ~ho recues; has ,oeen ~v=~sec ~ :ne ,ne .... ~ ...... summar,/of the resconses ;rom the utili~/comcan~es =,,-~ c;~'/ StaT: S as rc~ic',','s: CiTY DEPAFTblENTS/DIVISIONS Engineering Public Works/Ud,Ia=s Ptanning aad Zoaing PUBLIC UTILITY COMPANIES Florida Power and Light Be!l South Florida Public Utitities Company Cable Company (Adelphia) Ca'c',e '-' u~:: ,,.-': ,y (Comcast) bio cbjecticn A2oroval with condificns (c~¢ Exhibit ..... ~ L/ / :oorcval ,,,,,~th condltiocs ,See Exhibit "D") No objection No obiection No objection No objecticn RECOMMENDATION Staff recommends that this request to abandon the existing utility/ (water) easement as descrlced above, be approved, subject to the comments included in Exhibit "D"' - Concitions cf Approval. Any condidc, ns required by tr-,e Planning and Development Board and the Commission will be placed in Exhibit"O" - Conditions of Approval. xc: Cemral File Location Map 1 -R1AA / x ,/PU EXHIBIT SKETCH & DESCRIPTION WATER EASE,MEN T z7 z~rv ~5 :~. '~= ~ i27 ~©.C. · ,, ./ / - 2'2. - ,-T = 525 '~'?' L --_?E ?S' l, ,-,z z~_- 5_ ~,,, sm:-; .]? AVIROM&:ASSOCIATES, lNG. SURVEYING &: MAPPING ~0 8.w. 2ND AVENL/~. 81JITE 102 TEL. (~81) 392-2594. FAX (~81) 394-7125 JOB SH EET_~_!~,, _ E..~HIBtT C" LEVFI-F COMMERCIAL. EXHIBIT "D" ......... Bc,,n:on Com~merce Cen:er Loc ]B number: AJBAN 03-1008 DEPARTMENTS DSCLL~E PUBLIC WORKS- General C orpz'nents: This division approves this application, subject to the proviso that the Utilities Department concurs. The applicant sk, ould contac~, the Utilities Devar~menr regarding ~he supply' ,,vetl field and obtain approval. .:LEJECT PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Com~,ents: None X POLICE Corrw,,,ents: None X _ ENGINEERING DIVISION' Comments: None X ,,, BUILDING DIVISION Comments: None X PARKS AND RECREATION Corra'nents: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING DEPARTMENTS L'>. ;CLUDE P,.~.JE CT C 0 ru~'T.e p. t s: , 2. This approval is contingent upon obtaining approval of this abandonment recuest from. the Utilities Department. PRIVATE UTILITIES Comments: 4. Adelphia: None. 5. Florida Power & Light: None. 6. Florida Public Utilities Company: None. X 7. Bellsouth: None. X ADDITIONAL PLANNING AND DE'vTLOP.MENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSIO~N CONDITIONS Comments: I. To be determined. $.~P~anmng~$HAREC\WP~PROJECTS~8oyntOn Commerce C~ BOynton Commerce Ca' k~t 28~,8AN 03-O08'tCOA.~cc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Boynton Commerce Center LotSBABAN 03-008 APPLICANT'S AGENT: Winston Lee-Winston Lee&Associates, Inc. APPLICANT'SADORESS' 1532Oid Okeechobee Rd #106 West Patm Beach, FL 33409 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 2, ~003 TYPE OF RELIEF SOUGHT: Request abandonment of a portion of a Utility (water) Easement. LOCATION OF PROPERTY: Boynton Commerce Center PID between Woolbright Road & Golf Road. 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 ~.he puPlic finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 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". The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk .f:,SHR~ATA~,Pi~nntn~,SHAR~DVW?,FOR.~4S',Blanks Forrr~ FoldcP. Dcv¢lo~.Ordcr Form-ZOOt-Rcviscd.doc XlI. - LEGAL CITY OF BOYNTON BEAC ITEM A.8 AGENDA ITEM REQUEST Requested Ci~ Commmss)on Date Final Form Must be Turned Requested Ct~' Commission Mcclint; Date~ m to ~i~ (~lcrk's Office Mect~n~ Dates August 5. 2003 July 14. 2003 ~N~n.t ~ October 7. 2003 ~ October 2t. 2003 August 19, 2003 August 4. 2003 {N~n) Se~tem~r 2. 2003 August 18. 2003 ~N~n) ~ Novem~r 5. 2003 Se~tcm~r 16. 2003 Sc~tem~r 2, 2003 (N~n) ~ Nov~m~r [8. 2003 Date F~nal Form Must be Tumc~l in t9 C~t', q. lerk s Office September 15. 2003 October 6. 2003 ~Noon October 20. 2003 INoon~ No;ember 3. 2003 NATURE OF AGENDA ITEM [] Admmistxative [] Legal [] Announcement [] New Busmess [] City Manager's Report [] Presentation ~n -. [] Consent Agenda [] Public Hearing ,,.,. ~-~ RECOMMENDATION: Approval of ali revisions to the Personnel Policy Manual EXPLANATION: Manual has been revised to ensure compliance with current FMLA guidelines and regulations, to more clearly del'me the City's existing leave policies, to revise the guidelines for the calculation of sick leave to coincide ~th current work schedules, and to remove reference to the Pay Plan. The revisions also address needed modifications to the Disciplinary Process, focusing on the issues and demands of the current environment, as well as providing a procedure which incorporates a clearly defined process to ensure each employee is given every opportunity to address performance issues. Additional revisions are to eliminate redundant language and cover other general grammatical maintenance. These changes also eliminate the need for seven (7) existing APM's that deal specifically with personnel policies and are outdated PROGRAM IMPACT: The proposed changes potentially tmpact all City employees. From the changes in FMLA to the modifications in the disciplinary process, the proposed changes will help to ensure that the City provides it's emplo?ees .,~lth a safe and professional working environment while helping to provide for their well-being and the weU-being of their famtIies FISCAL IMPACT: No dh'ecl or specific impact. ALTERNATIVES: · Approval of only the policy maintenance items. · Approval of the modifications to specific sections ancL.'or subjects. · ~R. ec~mmend no modifications to the existing manual. /~,1~: ~,,'~...~ /~..: :;¥', .; , ~., Department Name ~gnature City Attorney / Finance, Human Resources S BULLETIN'~FORMSXAGENDA ITEM REQUEST FORM DOC ORDINANCE 03- Oq "'! AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE PERSONNEL POLICY MANUAL OF THE CITY OF BOYNTON BEACH; PROVYDING FOR CONFLICTS, SEVERABILITY, CODIYICATION AND AN EFFECTIVE DATE. WItEREAS, on February 2, 1998, by Ordinance 098-06, the City Commission of City of Boynton Beach, adopted a Personnel Policy Manual for the City of Boynton which document was further amended by Ordinance No. 098-34 dated September 3, [998, Ordinance 098-44, dated December 1, 1998 and Ordinance 02-031, dated August 6, ~,002; and WHEREAS, the Human Resources Director is charged with the responsibility of the document on a continual basis and making recommendations for amendments the policies from time to time, to correctly reflect the intent and purposes of the City's program; WHEREAS, t he Human Resource Director with the assistance of administrative has undertaken a comprehensive review of the PPM and has recommended numerous . as delineated on the Summary of Changes, which is attached hereto as Exhibit "A". NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. That the Personnel Policy Manual (PPM) is hereby amended to all of the amendments as reflected on the Summary of Changes, which is hereto as Exhibit "A" and made a part hereof. Section 2. That the PPM, which is attached hereto as Exhibit "B" and made a ~art hereof, has been reorganized and recodified for easier access to information. Section 3. Should any section or provision of this ordinance or portion hereof, paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 4. All Ordinances or parts of Ordinances, Resolutions or parts of dutions in conflict herewith be and the same are hereby repealed to the extent of such onflict. 1 lS:\CA\Ordinances~Adminisb'~ative\PPM Amendments Rev081103.doc Section 5. Section 6. ~ccurred: Authority is hereby granted to codify said ordinance. This Ordinance shall become effective when the following has (a) Immediately upon passage for all employees not covered by a collective bargaimng unit; and (la) For those employees covered under a collective bargaining agreement, when a collective bargaining agreement ratifying the foregoing changes to the Personnel Policy Manual has been ratified by the City Commission and the bargaining unit, or their successor organization. FIRST READING this Ia] dayofAugust, 2003 SECOND, FINAL READING and PASSAGE this~ ., 2003. day of CITY OF BOYNTON BEACH, FLORIDA Mawr Vice Mayor Commissioner ATTEST: Commissioner City Clerk Commissioner S:\CA\Ordinances~,dministratJve\PPM Amendments Rev081103.doc Orct~ 03- o~'~ PERSONNEL POL]:CY MANUAL CTrY OF BOYNTON BEACH _TMD~DTANT NnTT~F 1 2 TAm ~: r~ CoN'r~N'r~ 3 Page 4 [. GENERAL PROV[S[ONS ................................................................................................... 4 $ 01. Purpose of These Policies .......................................................................................................... 6 Positions covered by these policies ............................................................................................... 7 Approval of Policies ..................................................................................................................... 8 Amendment of Policies ................................................................................................................ 9 Codification ................................................................................................................................. 10 02. Organization for Personnel Administration .................................................................................. 11 City Commission: ........................................................................................................................ 12 City Manager .............................................................................................................................. 5 13 Human Resources Director: ......................................................................................................... 5 14 03. Equal Employment Opportunity Statement ................................................................................. 6 15 04. Harassment ............................................................................................................................. 6 16 Provisions ................................................................................................................................... 7 17 Procedures ................................................................................................................................. 7 18 05. Violence in the Workplace ......................................................................................................... 8 19 06. Drug and Alcohol Use ............................................................................................................... 8 20 07. Americans with Disabilities Act (ADA) ........................................................................................ 9 21 08. Effective Date of Policies ........................................................................................................... 9 22 1~[. EMPLOYMENT ............................................................................................................ 10 23 01. Types of Employees ................................................................................................................ 10 24 02. Recruitment and Selection ...................................................................................................... 25 Procedures ............................................................................................................................... 11 26 03. Employment of Relatives ......................................................................................................... 13 27 04. Hours of Work ........................................................................................................................ 13 28 05. Personnel Information / Employee Files .................................................................................... 13 29 06. Probationary Period ............................................................................................................ 14 30 New Hire (Full-time): ................................................................................................................. 14 31 Promotion from Part-Time to Full-Time: ...................................................................................... 14 32 Promotion to a Higher Graded Position: ...................................................................................... 14 33 Transfer to a different position, whether in the same or a lower grade: ........................................ 14 34 ]:1~]:. £OMPENSA'I'ZON ........................................................................................................ 15 35 01. Overtime ............................................................................................................................... 15 36 0;2. Callback and On Call .............................................................................................................. 15 37 03. Compensatory Time ................................................................................................................ 15 38 04. Demotions / Transfers ............................................................................................................ 16 39 Demotions ................................................................................................................................ 16 40 Transfer ............................................................................................................................... 41 05. Incentive Pay System ............................................................................................................. 42 Eligibility ................................................................................................................................... 16 43 06. Bonus Awards ....................................................................................................................... 44 07. City Manager Incentive Program .............................................................................................. 17 45 iV. BENEFTr$ .................................................................................................................. 18 46 01. Legal Holidays ........................................................................................................................ 18 47 02. Vacation Leave ....................................................................................................................... 18 City of Boynton Beac~ 2 Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 08/01/03 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 45 46 47 48 03. Sick Leave with Pay ....................................................................................................... 19 04. Bonus Days ............................................................................................................................ 7.0 Accrual ..................................................................................................................................... 7.0 05. Leave With Pay ...................................................................................................................... 7.1 .lury Duty/Witness Fees: ............................................................................................................ Military Leave: .......................................................................................................................... 21 Disability: ......................................................................................................... Workers' Compensation: ............................................................................................................ 7.;7_ Compassionate Leave: ............................................................................................................... 27. Management Authorized Leave: ...................................................................... 7.3 Authorized Training Leave: ........................................................................................................ 7.3 06. Leave Without Pay ................................................................................................................. 07. Family and Medical Leave Act .................................................................................................. A. EntiUement ........................................................................................................................... B. Continuation of Benefits ........................................................................................................ 7.4 C Definitions .................................................................................................. 25 D Requirements ................................................................................................. ...................... 7.6 E. Notice .................................................................................................................................. 08. Longevity Benefits .................................................................................................................. ~27 E,g b ,ty .................... , .............................................................................................................. ~nefit ..................................................................................................................................... Procedures ............................................................................................................................... DROP Plan Partidpants .............................................................................................................. 00. Retirement ~enefit ................................................................................................................. V. PROFESSIONAL DI~tFLOpMFNT ................................................................................... 29 01. In Service Training ................................................................................ 29 02. Tuition ~sist~nce ................................................................................................................... 03. Fmployee Technical Certification ............................................................................................. ........ 31 VI. DIS£IPt. INF ....................................................................................................... ................................................................................................................. ~xamples of Mi~onduct .............................................................................................................. Mi.~:onduct ............................................................................................................................... 32 Se.o s Mi :on0 ct .................................................................................................................... ~xtreme Mi.~:onduct .................................................................................................................... Procedure for Di~:iplinarg A~on ................................................................................................ Types of Di~iplinarg Actio : ...................................................................................................... Fm¢loyee Aphis ..................................................................................................................... 02. ~rmal Gfiev~nce~ .............................................................................................. VII. RESIGNATION ! TEP, MIN~TION ................................................................................. 39 01 Resign~tion/'Termination ........................................................... TerminaUon Pay ...................................................... 02. ~g-Off ................................................................................................... 4O VIII. ~PPfiNDIX ............................................................................................................ 01. DFFiNITION$ .......................................................................................................................... 40 02. INDfiX .................................................................................................................................... 47. City of Ooynton 8eacin 3 Effective Date: 03/01/98 Revised Date: 08/01/03 Personnel Policy Manual 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 2O 2~ 22 23 24 25 2~ 27 28 2~ 3O 3~ 32 33 34 35 3~ 37 38 3~ 40 41 42 43 44 45 45 47 48 4~ I. GENERAL PROVISIONS 01. Purpose of These Policies These policies are to provide guidance for the administration of the City's Personnel program, It is the intent of these policies that City employees will be dealt with on an equitable basis, so that the citizens of the City may derive the benefits and advantages that can be expected to result from a competent staff of City employees, Positions covered by these policies A. These policies shall apply to all non-contract employees. These policies apply to union employees only when they are incorporated or referenced (in whole or in part) in the union employees' collective bargaining agreement These policies apply to employees with individual contracts only to the extent they are incorporated by reference in the employee's contract. B. An employee who is promoted or reclassified from positions previously covered by bargaining unit agreements or by any previous rules or regulations into positions affected by these policies, shall be considered covered by these policies effective as of the date of the promotion or reclassification. Approval of Policies These policies shall be in force and effect when approved by Ordinance of the City Commission. In the event of any conflict between these rules and any other existing policies, rules or regulations which are in conflict with these policies, these policies shall prevail. Amendment of Policies These policies may be amended from time to time by Ordinance of the City Commission, unless another means of amendment is specified in this document. Codification The City Administration, from time to time, reserves the dght to re-codify the Personnel Policy Manual to facilitate its use. 02. Organization for Personnel Administration City Commission: The City Commission shall: A. Have the power to approve or amend the Policies on its own initiative or on after receiving a recommendation from the City I~lanager. B. Ratify letters of appointment when required by the City Charter. City of Boynton Beac~ 4 Personnel Policy Manual Effective Date: 03/01/98 Revised Date: 08/01/03 1 2 7 8 9 10 11 12 13: 16 17 20 21 22 29 32 35 38 41 44 47 52 55 56 57 58 City Manager The City A. B. Manager shall: Be responsible to the City Commission for the administration of the personnel system. Appoint, promote, transfer, remove, demote, suspend, or discipline all subordinate employees. The City Manager may, in his/her discretion, delegate administrative authority to the Human Resources Director or Assistant City Manager to approve personnel actions. The Manager may enter into letters of appointment to hire or retain exempt status management employees under such terms and conditions as the Qty Manager deems necessary to hire or retain competent management personnel. Ratification of letters of appointment by the Qty Commission is not required unless otherwise required by the Gty Charter. Perform such other duties and have and exercise such other powers in personnel administration as is vested in the City Manager by the provisions of the City Charter, applicable law and these policies. Appoint a Human Resources Director who shall be responsible to the Qb/Manager for the of the City's Personnel program. Human Resources Director: The Human Resources Director shall: A. Administer the provisions of these policies. B. Develop and administer recruitment and examination program to source competent applicants to meet the needs of the City, C. Develop, administer and maintain job descriptions that reflect the duties being performed by each employee. D. Perform a periodic review of compensation levels in the area to the extent that such levels affect City employment. E. Provide forms and/or procedures as necessary, appropriate or desirable to carry out the personnel program. F. ~[n cooperation with the City Manager and vadous department heads, develop and establish training and educational programs for employees as conditions warrant. G. Perform Human Resources administration activities consistent with the City Charter or these policies, as the City Manager may direct, or as may be required by Ordinance. H. Prepare and recommend policies or amendments to the policies as necessary or advisable to carry out the intent and purposes of the City personnel program. Administer Benefit Programs .1. Review the Human Resources Policy Manual not less than bi-annually and file a written report with the City Clerk. K. Administer the Performance Appraisal Program. City of Boynton Beaoh 5 Effective Date: 03/01/98 Revised Date: 08/01/03 Personnel Policy Manual 6 7 8 9 10 11 12 13 14 15 16 '17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 1 03. Equal Employment Opportunity Statement 2 3 The City of Boynton Beach is an Equal Opportunity Employer and prohibits discrimination because 4 of race, color, creed, religion, national odgin, sex, age, political affiliation, disability (except where 5 such factor is a bona fide occupational qualification or is required by State and/or Federal law), sexual orientation, marital status, veteran status and/or other protected class status in all aspects of its personnel policies, programs, practices, recruitment, examination, appointment, training, promotion, retention or any other actions and operations. 04. Harassment The City of Boynton Beach is committed to providing a work environment that is free of unlawful harassment and discrimination. Harassment (both overt and subUe) is a form of discrimination where a person is subjected to a hostile or offensive work environment because of threatening, intimidating, embarrassing, or other offensive behavior based on race, religion, age, disability, sex, national odgin, sexual orientation, or other protected class status. Unlawful harassment is a sedous offense. Any employee who engages in such conduct or encourages such behavior by others shall be subject to disciplinary action up to and including dismissal. By way of illustration, but not limitation, the following shall constitute inappropriate workplace behavior: 1. Disparaging remarks (wdtten or verbal) of a discriminatory nature. Includes slurs toward a protected group; 2. Jokes targeting a protected group, as well as jokes or comments or a sexual nature; 3. Posters, flyers, personal attire, etc., designed to promote discrimination or harassment of a protected group; 4. Disparate treatment of individuals in the protected categories involving recruitment, promotional opportunities and application of policies, procedures and regulations; 5. Acts of violence, threats of violence, or other harmful or offensive behavior intended to promote a hostile work environment because of an individual(s) membership in a protected group; 6. Sexual harassment can include unwelcome sexual advances, request for sexual favors, and other verbal or physical conduct of a sexual nature that creates a hostile or intimidating environment. The policy prohibits behavior that is not welcomed by the employee and is personally offensive such as, but not limited to: · Sexual flirtations, advances or propositions. · Verbal abuse of a sexual nature, sexually related comments and joking, graphic, or degrading comments about an employee's appearance, or the display of sexual objects or pictures. · Any uninvited physical contact or touching, such as patting, pinching or intentionally brushing against another's body. City of Boynton Beaoh 6 Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 08~01/03 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Provisions All levels of supervisors are responsible for communicating this policy, and for recognizing, responding, taking corrective actions, and/or preventing the harassment of City employees. Employees who feel they are a victim of harassment have an obligation and a duty to advise the individual instigating the harassment that the conduct or behavior is unwelcome and offensive. If the behavior continues, the ernrnlOy~e- i$ req"ir_~vt ~n immediately report the behavior to their own supervisor or to Human Resources. The individual instigating the harassment may not necessarily be another employee, co-worker, or supervisor, but may also be any other person conducting business for or with City employees. Procedures 1. Employees should report their I harassment complaint immediately. The employee has the option of reporting the complaint as follows: a. to their supervisor or department director, or b. to the Director of Human Resources or a Human Resources department designee. 2. :If the supervisor or department director is the person accepting the complaint, he or she will notify the Director of Human Resources of the complaint. 3. Human Resources will begin coordinating and conducting the investigation process in a timely manner. A written statement will be requested of the complainant. 4. The City will provide an administrative response in a timely and reasonable. The response will indicate corrective actions, if any, to the employee filing the complaint and to the individual(s) involved in the harassment. 5. If the employee perceives the situation to be threatening, that employee may request authorization to use accrued Annual Leave, Leave Without Pay or a job transfer. Approvals will be determined on a case-by-case basis. 6. Disciplinary and/or corrective actions shall be imposed based upon the severity of confirmed harassment. 7. Confidentiality, to the extent permitted by law, shall be maintained to the extent allowed by law to the persons involved in any investigation of a complaint. 8. Employees exerdsing their dghts by filing a complaint in good faith will not be retaliated against by the Qty regardless of the findings of the investigation; however, any employee found to have provided false or misleading information or does not fully cooperate with an investigation when filing a complaint may be subject to disciplinary action. 9. Administrative operating procedures as determined by the Director of Human Resources for this policy shall be applicable. City of Boynton Beach 7 Effective Date: 03/01/98 Revised Date: 08101/03 Personnel Policy Manual 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 05. Violence in the Workplace The City of Boynton Beach maintains a zero tolerance policy toward workplace violence. It is the intent of the City to provide a workplace flee from intimidation, threats, or violent acts. l. Violence, or the threat of violence, by or against any employee of the City of Boynton Beach is unacceptable and violates City policy, and will subject the perpetrator to serious disciplinary action up to and including termination, and criminal charges. 2. Possession, use, or threat of use, of a weapon, including any type of firearm, is not permitted at work, or on City property, including City vehicle, unless such possession or use of a weapon is a necessary and approved job requirement. 3. Any person who exhibits unusual behavior or makes threats, exhibits threatening behavior, or engages in violent acts on City property shall be removed from the premises as quickly as safety permits, and shall remain off the City's premises pending the outcome of an investigation. 4. All City personnel are responsible for notifying a supervisor of any threats, which they have witnessed, received, or have been told that another person has witnessed or received. a. Even without an actual threat, personnel should report any behavior they have witnessed which they regard as threatening or violent. b. Failure to notify a supervisor of such activity will subject the employee to sedous disciplinary action up to and including termination, and criminal charges. 5. No employee acting in good faith, who reports real or implied violent behavior will be subject to retaliation or harassment based upon their report. 6. The actions of a supervisor, manager, or other employee will be dependent upon the seriousness of the situation. However, consistent with personal safety, managers and supervisors have a responsibility to make a good faith effort to defuse violent or potentially violent situations as quickly as possible in order to prevent their escalation and creating a threat to others. 06. Drug and Alcohol Use The City of Beynton Beach does not tolerate illegal drug usage and drug or alcohol abuse. This prohibition includes the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in or away from the workplace. Any employee who violates this policy is subject to disciplinary action up to and including dismissal. (See Chapter V~.01 Disciplinary Actions.) The City recognizes drug dependency as an illness and a major health problem. Consequently, it provides an Employee Assistance Program (EAP) that offers short-term counseling and assessment and referral services to an employee or an employee's immediate family members. Drug and alcohol testing for employees will be performed in accordance with City policy and as required to meet Department of Transportation requirements. City of Boynton Beac~ 8 Personnel Policy Manual Effective Date: 03101/98 Revised Date: 08/01/03 1 2 3 4 5 6 7 8 9 10 11 12 07. Americans with Disabilities Act (ADA) The City of Boynton Beach as an employer has a responsibility to ensure that all applicants and employees are treated fairly in all aspects of employment, l;t is the policy of The City of Boynton Beach to provide a workplace free from unlawful discrimination in which all applicants and employees have equal opportunity in all areas of employment. To this end, it is the policy of the City to fully comply with the Americans with Disabilities Act (ADA). 08. Effective Date of Policies The original effective date of the PPM is March 30, 1998, as amended. City of Boynton Beacl~ 9 Effective Date: 03/01/98 Revised Date: 08/01/03 Personnel Policy Manual 1 2 3 4 5 6 7 8 9 10 11. 12 13 14 ~.5 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 EMPLOYMENT 01. Types of Employees City employees are divided into two groups: contract employees and non-contract employees. 1. Contract employees means either individuals hired by direct, Letter of Appointment, or individuals who are covered by a collective bargaining agreement. Senior management positions shall be hired by the City Manager by Letters of Appointment. Salary, benefits and other terms and conditions of employment shall be negotiated on an individual basis. The Letter of Appointment shall specify which provisions of the PPM apply to the employee. 2. Non-contract employees means employees who are not otherwise designated as contract employees. 02. Recruitment and Selection In order for the Oty to be operationally competitive with other governmental entities as well as the private sector, the recruitment and retention of qualified employees is of paramount importance. To achieve maximum efficiency the City must have the flexibility to fill vacancies through either promotion or outside hiring. Vacant positions shall be filled in the best interests of the City through recruitment, selection, and promotion of employees on the basis of their qualifications and relative knowledge, abilities, and skills. Basic Requirements 1. Human Resources is responsible for the nondiscriminatory implementation of this policy. Each department is responsible for assisting the Human Resources Department with recruitment, interviews, tentative selections, and recommendations for appointment. Departments have no authority to modify or waive the provisions of the PPM. Human Resources has pdmary responsibility for hiring employees. All employment discussions are to be considered non-obligatory, exploratory, and tentative in nature and should be indicated as such to the applicant. Any offers of employment made to an individual prior to obtaining all necessary authorizations shall not be binding on the City. City of 8oynton Beach 10 Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 08/01/03 1 2 5 6 7 ~0 ~2 ~3 ~7 2~ 24 27 28 3~ 32 35 38 3~ 4O 4~ 42 43 44 45 46 47 4~ 4@ 5O 5~ 52 53 54 Pro~dur~ Applications and Znterviews 1. Once Human Resources has officially announced a job vacancy through the posting of an Employment Opportunity notice, the official recruitment process has begun. The recruitment process may be withdrawn for any position by the Director of Human Resources. 2. ~[ndividuals desidng consideration for employment must submit an Application for Employment, or a resume to Human Resources. Employees are encouraged to submit applications for promotional opportunities. All applicants submitting a resume and granted further consideration shall complete an Application for Employment. Veterans preference will be given in compliance with current legislation. 3. Applications must be signed by the applicant. Falsification of any part of the Application for Employment or any related documents may-upon discovery, lead to the denial of an application, withdrawal of an offer of employment, or dismissal of the employee. 4. All applications and resumes received by departments must be forwarded to Human Resources. 5. Applications for employment may be accepted by the Human Resources Department when there are current vacancies for a specified position. 6. When a vacancy occurs, previously submitted applications and resumes on file in Human Resources may be considered in addition to all new applications and resumes received until the established closing date or until the vacancy is filled. 7. Certain classifications may require applicable testing prior to being given consideration. Human Resources will administer tests required and ensure that passing scores are attained prior to forwarding an application to a department for consideration. 8. Human Resources shall advise the appropriate Department Head of the eligible applications. 9. Upon receipt of the eligible applications, the department should: a. Review and evaluate all applications and resumes based on, but not limited to relative qualifications, knowledge, abilities, skills, education, experience, and certifications or licenses required in accordance with current class specifications. b. Prepare an interview schedule and conduct interviews. Human Resources may assist in scheduling, contacting, or co-interviewing of applicants at the request of the department. c. Determine which candidate is most suitable for further consideration and proceed with additional interviews, if necessary. d. Determine that the applicant pool was sufficient pdor to recommendation for employment. City of Boynton Beact~ 11 Effective Date: 03101198 Revised Date: 08/01103 Personnel Policy Manual 1 2 3 4 14 15 16 2O 2~ 22 23 2a 25 28 2~ 32 33 34 35 38 3~ 40 4~ 44 45 4~ 5~ 52 53 54 B. Selection, Reference Checks and the Recommendation Process 1. Once the interview process has determined suitable applicants, the department shall be responsible for checking references. No inquiry regarding cdminal records, credit history or medical conditions shall be made at this step of the evaluation. 2. Human Resources may also conduct verifications regarding academic degrees, previous employers, character references. All information provided on the Application for Employment will be subject to verification as needed. 3. Once the results of reference checks and other verifications appear satisfactory, the department will be notified in order that processing may continue. 4. The department may then recommend an applicant for employment and submit the proper forms to Human Resources for processing. If the Department Director proposes a salary that exceeds the minimum of the position's pay range, wdtten justification must be included for consideration of the salary. 5. Upon receipt of a recommendation for employment and in conjunction with a tentative offer of employment, a pre-employment physical, which may include a drug test, for the applicant is then scheduled. Medical examinations must be satisf'actodly passed to determine fitness to perform the duties of the position. At this step of the hidng process, Human Resource, with the assistance of the Florida Department of Law Enforcement (FDLE) shall check the prospective employee for a criminal record and may obtain, following the requirements of the Fair Credit Reporting Act, the prospective employee's credit. 6. After acceptance of an applicant's physical examination and drug test results, cdminal background check and credit check, if required, the Human Resources Director may authorize proceeding with the hidng process. 7. It is the City's intent to employ the most qualified applicant best suited for the position. Current employment with the City is a factor, but is not, in and of itself, determinative or controlling. C. Employment Acceptance 1. Employment acceptance must be made by the applicant within three (3) workdays of the department's employment offer, unless otherwise extended by Human Resources. If employment acceptance is declined, the department may consider another applicant from the recruitment's applicant pool, or the department may choose to begin a new recruitment. Employment Procedures shall be followed in either case. 2. The department must notify Human Resources of the tentative hire date. New employees must provide proof of work eligibility and verification of identity to the City. Human Resources will forward the necessary employee paperwork to the Finance Department for payroll purposes. D. Orientaaon Human Resources shall schedule and conduct a general orientation program for all new employees to explain the City's history and organization, to complete benefit program enrollments, and to stress the use of safe work practices. City of Boynton Beach 12 Personnel Policy Manual Effective Date: 03/01/98 Revised Date: 08/01/03 t 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 23 24 25 26 27 28 29 3O 33 34 35 36 37 38 39 4O 41 42 43 45 46 47 48 49 5O 03. Employment of Relatives An employment derision that results in the hiring of a relative of another City employee must be in compliance with the Rodda state law on nepotism. This policy is intended to eliminate hiring prances that result in conflicts of interest, favoritism or the appearance of impropriety. A. No person may be hired into the same department in which he/she has an "immediate family" member working if one supervises or evaluates the other. B. No person may be transferred into a depar~ent in which he/she has an "immediate family" member working, if one supervises or evaluates the other. Provisions of this Policy will not affect persons employed and assigned at the time this Policy goes into effect. C. Persons becoming husband and wife while working within the same department may not both continue their employment in the same depar~ent, if one supervises or evaluates the other. D. The provisions of Flodda Statute 13.2.33.35, regarding nepotism shall control over any provision of this Policy. 04. Hours of Work Hours of work will be determined by Department Heads, subject to the approval of the City Manager and shall: A. be determined in accordance with the needs of the City, and B. take into account the reasonable needs of the public who may be required to do business with vadous City departments. 05. Personnel Information / Employee Files The official personnel file of each employee is maintained in Human Resources. All documents in the file, with certain exceptions, are subject to the Florida Public Records Law that requires information in the file be made available for review upon request. Documents/information exempted by this Law (with some exceptions, such as a Court Order) are: · Sodal Security Number · Medical information · Benefit Information · Home Address and telephone number of swom Police and Fire employees, inspectors, other employees designated in F.S. 13.9.07 and Human Resources employees. Spouse's work and children's school addresses and telephone numbers of these employees Employees must notify Human Resources in writing, within twenW (20) days, whenever they have a change of address or telephone number, or a change in the name, address or telephone number for their emergency contact. City of Boynton Beact~ 13 Effective Date: 03101/98 Revised Date: 08/01/03 Personnel Policy Manual ~, 06. Probationary Period 3 Tn order to determine that each employee is placed in a position most likely to result in a 4 successful career at the Cib/, all newly hired or promoted employees shall be required t:o ~ complete a probationary period. ~ New Hire (Full-time): 9 Each new fuji-time employee must successfully complete a probationary period of b/velve t~) months from the date of hire. t ~ Promotion from Part-Time to Full-Time: 14 Each promoted employee must successfully complete a probationary period of b~elve months t~ from the date of promotion. 17 Upon successful completion of the probationary period, the probationary employee will be t ~ considered a regular employee. ~ PromoUon to a Higher Graded Position: 22 Each promoted employee must successfully complete a probationary pedod of six months from 23 the date of promotion./Vo,*~ Applicants for promotion must have been in their current position ~ for a minimum of six months and have a Meets Standards or higher performance rating. ~ Transfer to a different .position, whether in the same or a lower grade: 28 Each transferred employee must successfully complete a probationary period of six months 29 from the date of transfer. Probationary employees, whether in their first year as an employee or 30 in their six-month promotional probationary period have no property entitlement to their 31 position. 32 City of Boynton Beach 14 Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 08/01/03 1 2 5 6 7 8 9 10 11 16 18 19 20 21 22 23 24 27 30 31 34 35 36 37 38 39 42 43 44 45 46 47 48 49 50 51 III. COMPENSATION 01. Overtime Overtime pay for non-exempt employees may be given only for authorized or directed time worked in excess of 40 hours. Some sworn positions in the Police and Fire Departments may differ. Overtime will not be granted for less than a fifteen (15) minute period. In calculating overtime, only actual hours worked shall be counted. Provisions of the Fair Labor Standards Act shall be applied to resolve all overtime issues. 02. Callback and On Call Callback is an unscheduled or emergency return to work outside of offidally scheduled work hours or on a holiday or day off at the request of a Department Head. This is not overtime or holiday work scheduled in advance and regularly recurring call to duty. Any employee who has physically left work (punched out, etc.) and is called back to work by his/her Department Head or the Department Head's designated representative for an L!nra'h~d/!l ~¢~'{ or ~m~rn~n~z. assignment, shall be compensated for two (2.) hours of call back pay, plus the time worked in excess of the first fifteen (15) minutes. On Call To provide for after-hour service needs, some operations within the City may designate non- exempt employees to be on-call. Restricted on-calh time spent on or away from City premises under conditions which prevent the employee from using the time for personal activities. All such time in readiness is considered time worked. Unrestricted on-call: all time after regularly scheduled working hours when an employee is designated to be available for call-back. The employee is free to pursue personal activities but must respond to pager or cellular phone contact within designated guidelines set by the department head. This is not considered time worked. If called back, however, call-back compensation will be paid. 03. Compensatory Time An employee eligible for overtime may be granted compensatory time off at the same rate it was earned (i.e., straight time for straight time, time and one- half for time and one-hal0. Compensatory time can be earned, accumulated, and used, with the Department Head's approval or direction, in accordance with the Fair Labor Standards Act. The choice of whether to grant overtime pay or compensatory time rests solely with management and depends on the most efficient and economical delivery of services. City of Boynton Beaoh 15 Effective Date: 03101/98 Revised Date: 08/01/03 Personnel Policy Manual 1 2 5 6 11 12 13 20 2~ 22 23 24 25 2~ 2@ 30 3~ 34 35 3~ 37 38 3~ 40 4~ 42 43 44 45 4~ 47 48 04. Demotions / Transfers DemoUons Transfer of an employee from a higher graded position to a lower graded position may be initiated by the employee or by the City as part of a departmental restructuring or realignment of responsibilities for failing to meet standards of performance. Transfer Employees transferring from one position to another in the same pay grade, whether in the same for in a different department will maintain the same pay rate. 05. ZncenUve Pay System The City of Boynton Beach has established the Tncentive Pay System to motivate and reward employees according to their job performance and contributions toward the accomplishment of major objectives. The purpose of the system is to promote continuous improvement and quality performance through individual and cooperative effort, assist in career development and advancement, identify individual training needs, determine suitability for assignment, effectiveness in the assigned position and ability for absorbing more responsibility. All employees should be continually working towards the mission, goals, and objectives of the City. Incentive pay and bonuses may not be included in the employee's base pay and may not be carded forward in subsequent years. See F.S. 166.021(7). Eligibility Regular budgeted employees, both full-time and part-time, who have successfully passed their probationary pedod are eligible for this program. 06. Bonus Awards In addition to any other monetary benefit, the City Manager is authorized to approve a bonus of $500.00 when such a bonus is justified, in writing, by the Department Head. This bonus will not affect the employees pay grade or pay rate. Funds for the bonus will be budgeted as a separate allowance and administered under the direct control of the City Manager. Employees are not automatically entiUed to bonus money and only one bonus will be allowed to an employee in a fiscal year. This approach is a system where the immediate supervisor and Department Head can recognize top performance and reward the employee promptly. Incentive pay and bonuses may not be included in the employee's base pay and may not be carded forward in subsequent years. See F.S. 166.021(7). City of 8oynton Beach 16 Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 08/01103 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 07. City Hanager [ncentive Program All submittals for incentives must be done as part of a team and the submittal must be approved by the team's supervisor. The pool for funding this program will be limited to $15,000.00 per fiscal year and the amount of any single program will be limited to $:~,000.00. Employees are encouraged to be as creative as possible, while at the same time keeping the effort simple. Incentive payments will be considered for the following type of activities (although they are not limited to just these type of activities): · Customer service improvements. · Cost efficiencies (savings). · Improvements in operations. · Productivity enhancements. · Expanding hours of operations. · Doing work in-house rather than engaging a consultant. Incentive applications will be accepted by the City Manager's office, commencing September 30~ of each year, for award at the last City Commission meeting in December. Incentive pay and bonuses may not be included in the employee's base pay and may not be carded forward in subsequent years. See F.S. 166.021(7). City of Boynton Beach 17 Effective Date: 03/01/98 Revised Date: 08/01/03 Personnel Policy Manual 1 2 5 6 7 8 9 10 11 12 13 14 15 16 17 18 21 22 23 24 25 2~ 27 28 29 3O 3~ 32 33 34 35 36 37 38 39 4O 41 ZV. BENEFI'rS 01. Legal Holidays Unless required to be on regular duty, Legal Holidays to be observed by the City's employees are New Year's Day, Martin Luther King, .Ir. Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve, and Christmas Day and other days as specifically designated from time-to-time by the City Commission. The City Manager and City Commission reserve the right to declare these and any other holidays on a date designated by them. The declared date does not necessarily have to be on the traditional holiday, but on a date that meets the best interest of the City. Full-time employees shall be compensated for legal holidays. Hourly rate employees must work their regular workdays immediately before the after the holiday in order to receive pay for the holiday, or be in an authorized with pay status immediately before and after the holiday. Part- time, temporary, and emergency appointed employees are not eligible for holidays with pay. 02. Vacation Leave Each full time employee shall earn vacation leave at the rates shown in the scheduled outlined below. The number of day/hours credited per year will not increase after the 20u' year of service unless the schedule is amended, l~n computing vacation leave, no vacation leave will accrue for any week in which the employee is not in a paid status for 24 or more hours. A regular employee shall, upon termination of employment with the City, be paid for unused accumulated vacation leave. Employees on their initial one-year probation are not eligible to take vacation for the first six months of employment. Employees who end their employment with the City within the first six (6) months of employment, are not eligible to be paid for any accrued vacation time. (Based on 40 hour work week) Years of Service Vacation Hours 1 Year 2 but less than 5 5 years but less than :LO :LO years but less than 20 20 years and aflcer 48 96 120 136 160 Employees may accrue vacation leave to a maximum of the leave earned in the most recent two employment years. Vacation leave accrued during October 1 - September 30 may exceed this stated policy, however, any amount over the allowable maximum that has not been used during that October 1 - September 30 will be forfeited as of September 30 of that fiscal year. Employees who were covered by the vacation accrual and sick leave payout policies in effect prior to 1991 will continue to be covered by those schedules. City of aoynton 8eact~ 18 Effective Date: 03101/98 Personnel Policy Manual Revised Date: 08~01/03 3 4 5 6 7 8 9 10 11 12 13 14 15 16 .17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 03. Sick Leave with Pay Sick leave with pay shall be granted to regularly employed full time employees, including employees serving a probationary pedod on an original appointment, at the rate of one workday for each completed month of service (96 hours/year). Such leave shall be computed on an employment year basis. Sick leave pay will be paid at the same rate as a regular workday. Unlimited accumulation of sick leave is authorized. Sick leave shall not be considered as rather as a privilege which shall be quarantine because of exposure to taken for the illness of an immediate a right which an employee may use at his/her discretion, but allowed only in case of personal sickness or disability, legal contagious disease'. The following hours per year may be family member(spouse, child, parent): · Up to 40 hours per year may be taken for regular 40 hour weekly employees · Up to 72 hours over year for Fire shift employees · Up to 57.5 hours for regular Police 11.5 hour shift employees In the case of a prolonged, catastrophic illness within the family, an employee may take additional family sick time only if approved by the Department Head, the Human Resources Director and the City Manager and a doctors letter must be submitted, zf the reason for the leave is covered by the Family and Medical Leave Act policy, family sick leave my be extended, but not to exceed twelve weeks in a rolling twelve month pedod. See PPM 1V.07. Sick leave will not be granted if it falls on regular days off or on a holiday. In order to be granted sick leave with pay an employee must meet the following conditions: A. Notify his/her immediate supervisor at least one (1) hour before the beginning of the scheduled workday of the reason for his/her absence. B. For medical examination, treatment or evaluation of non-elective, necessary medical procedures. C. File a wdtten request for sick leave on the form and in the manner to be prescribed. D. For absences of more than three (3) consecutive workdays, sick leave must be documented by a doctors certificate explaining the absence and/or unfitness for duty. the case of extended absences, four days or more, it is the duty of the employee to contact their Supervisor or Department Manager on a weekly basis until they are cleared for return to work. The City reserves the dght to require an intedm ~octor's certificate/report during the employee's extended absence. E. If excessive sick leave is taken in such a way as to indicate a pattern, random or otherwise, the employee will be placed on restricted sick leave and a doctor's certificate will be required for a one-day absence. F. No sick leave will accrue for any week in which the employee is not in a paid status for 24 or more hours. G. In computing sick leave taken, all employees shall be charged one-hour sick leave for each hour not work~l because of illnes-~, Cib/of Boynton Beach 19 Effective Date: 03/01/98 Revised Date: 08/01/03 Personnel Policy Manual 1 2 3 4 5 6 7 8 9 10 11 12. 13' 14 15 16 18 19 20 21 22 23 24 25 26 27 3O 3~ 32 33 34 35 38 3~ 4O 4~ 42 43 45 4~ 47 48 4~ Regular employees that have exhausted their accumulated sick leave and are still unable to return to work may draw against their annual leave account. Requests must be made to the Department Head by the employee, who in turn must notify the Human Resources Director on the prescribed form. Claiming sick leave when physically fit shall be cause for discharge. All regular employees (or their beneficiaries in the case of death) will have payment made for unused sick leave at the rate specified in the table below, upon resigning, retirement or death. (Retirement shall include normal retirement, disability retirement or early retirement as defined in the appropriate Pension Plan.) Continuous Years of Service Percent of Accumulated Sick Leave Less than 5 full years More than 5 full years, but less than 10 full years More than 10 full years, but less than 15 full years More than 15 full years, but less than 20 full years Upon retirement from the City 0% 10% 15% 2O% 30% Employees may retum to work with a Light Duty Certificate and/or letter from their physician provided there is work available within the City that would comply with the doctor's requirements. If there is no such work available the employee will remain on sick leave or workers' compensation status until receiving a full release to return to work from his/her doctor. 04. Bonus Days This policy establishes a wellness program designed to minimize time lost on the job and to help reduce the City's overall health insurance expenses. The City recognizes that employees occasionally suffer from injuries or illness necessitating the use of paid sick leave time off. However, this program provides incentive to reward those employees who use sick time responsibly. A. NI full time aty employees covered by this policy are eligible to receive one bonus day for continuous attendance at work at the completion of each calendar quarter that the employee has not used sick time (including family sick) dudng the previous quarter, nor has been absent from work or on leave other than those paid leave categories recognized in this document. B. Bonus days shall be counted as vacation leave and subject to the provision set forth for use of vacation. City of Boynton Beac~ 20 Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 08/01/03 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 45 46 47 48 49 50 05. Leave With PaY ]ury Duty/Witness Fees: All pay granted under this section must be approved by the Department Director. Leave with pay may be authorized in order that regular employees may serve required jury duty or a subpoena issued by a court of law to appear as a witness on cases relevant to the City, provided that such leave is reported in advance to the Department Director. In order for the employee to receive their regular pay for such leave the employee must deposit the money which he/she receives for jury duty or as a witness with the City Finance Department for those days that coincide with his/her regular work schedule, unless otherwise provided by law. Employees can keep only travel expense monies. Employees subpoenaed as witnesses in cases unrelated to City business may take vacation leave in order to receive pay. Hilitary Leave: Reserve Training: All employees in the City service who are members of military reserve units and who must attend annual training sessions are entiUed, pursuant to Florida Statute 115.07-to seventeen (17) calendar days with pay each year in order bhat these employees may fulfill their military obligations. Fire department shift personnel will be granted a maximum of nine (9) shift days. Active Duty: All employees who are reservists and are ordered to active military duty shall continue to receive full Qty pay for the first thirty (30) days of active duty and thereafter shall receive supplemental pay from the City, in an amount necessary to bdng their total compensation, inclusive of their base military pay, to the level earned at the time they were called to active military duty. The City will continue to pay the eligible employee's portion of health, dental and life insurance premiums and the City's pension contribution. ]~f an employee has dependent insurance coverage, the Finance Department will consider this in determining the amount of supplemental pay so that the dependent insurance premiums can be paid pdor to the supplemental check calculation. The employee's pension contribution will also be made prior to the supplemental check calculation. If the supplemental pay is not sufficient to pay the dependent coverage, the employee will be responsible for sending the City a check to cover the dependent premium. The employee will also be responsible for making arrangements for any other benefit premium or other deduction. Continued Service: Unless the person provides the City with written notice that they do not plan to return to employment with the City, no break in service will occur during the pedod of active duty and the employee with continue to accrue service for purposes of seniority and pension eligibility Disability: Employees who are in a disability status will have their positions held for a maximum of six months from the date of injury or illness. If the employee cannot return at the end of the six months, they will be placed on a re-employment list for a maximum of two years. If they are able to return to work after they have been placed on a re-employment list, they may apply for a comparable position subject to availability, for which the employee meets the qualifications. City of Boynton Beach 21 Effective Date: 03/01/98 Revised Date: 08/01/03 Personnel Policy Manual 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 Workers' Compensation: Whenever an employee is totally disabled from duty for a period of no more than seven (7) calendar days because of an injury determined to be compensated under the provisions of the Worker's Compensation Act, he/she shall be entitled to full regular pay. If the period of disability is greater than seven (7) calendar days, the employee will be eligible to receive a sum of money up to an amount equal to the difference between his/her worker's compensation check and his normal net take home pay. The injured employee will be eligible to receive the salary supplement for a pedod not to exceed three (3) months from date of injury. 'At the end of the three months, or sooner, the City Manager, Department Head, and Human Resources Director will review the case for a determination of pay status. If continuation of the salary supplement is granted it can be at any rate determined equitable by the reviewing committee, but not to exceed an amount equal to the net take home pay. In no case will the salary supplement be greater than six (6) months withi~ an 18-month period commencing with the date of injury or illness. After six (6) months of supplemental pay within an 18 month period, the injured employee may elect to receive accrued sick leave and after exhausted, vacation leave, in accordance with his/her regular houdy wage, to the extent that his/her combined sick leave or vacation leave, City supplement (if less than the full amount authorized) and workers' compensation benefits equal his/her regular weekly net take home salary. The employee must contact the payroll clerk to quality for the combined check. It is incumbent on the employee to make application for disability in accordance with the pension plan they are members of, or the insurance plan they are covered under. Failure to do this automatically cancels the additional City benefits. If the appropriate disability plan denies the claim, the additional City salary supplement benefit will be canceled. If the appropriate disability plan accepts the claim, the salary supplement will be canceled after issuance of the disability pension check or at the end of the time duration ouUined above, which ever comes first. If an employee who is receiving Worker's Compensation payment along with City supplement, sick or vacation leave, is found to be working, or receiving compensation for his/her services elsewhere during this pedod, he/she will be required to reimburse the City for all medical expenses and supplement sick or vacation pay taken and be subject to dismissal. Compassionate Leave: In the event of the death of the mother, father, child, foster parent, foster child, brother, sister, husband, wife, son, daughter, son-in-law, daughter-in-law, grandparent, grandchild, mother-in-law, or father-in-law of a regular employee, the employee shall be entitled to paid compassionate leave not to exceed three (3) consecutive workdays for any one death. However, if it is necessary for the employee to leave the State in connection with the interment of the deceased, five (5) consecutive workdays shall be allowed. Employees must submit proof of death in order to be eligible for this article. The City Manager may grant additional leave under this section when he/she deems it appropriate. City of Boynton Beaoh 22 Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 08/01/03 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Hanagement Authorized Leave: With the approval of the City Manager, a department head may grant an employee authorized leave with pay where that employee is going to represent the City while attending an event, meeting or seminar. Attendance at the event, meeting or seminar shall be determined to be an activity that serves the best interest of the City. Authorized Training Leave: Any employee may be accorded leave with pay to attend an authorized program, provided that such training will considerably improve the employee's job knowledge and substantially increase his/her efficiency. (Reference: V. PROFESSIONAL DEVELOPMENT, 01. In-Service Training) A. Leave is requested by the employee's department head and approved by the City Manager. When leave is granted, the Human Resources Director shall be promptly notified of the reason for the leave, the course work to be completed, and the probable date of the employee's return to duty. B. Leave shall be for time required to complete the course. In no event shall any leave be approved or granted under this rule except where them are adequate, unencumbered funds available in the departmental budget which are sufficient to cover the cost of such training. 06, Leave Without Pay A regular employee may be granted leave of absence without pay for a pedod not to exceed six months for sickness, disability or other good and sufficient reasons that are considered to be in the best interest of the Qty. Requests must be in writing. A leave of absence without pay of up to 30 calendar days can be approved by the employee's Department Head and the Human Resources Director. A leave of absence in excess of 30 calendar days must be approved by_the Qty Manager. Employees that are on approved leave of absence without pay will be responsible for paying all their benefit premiums, e.g., insurance, etc. Leave of absence without pay will not be granted in order to accept employment with another employer. If granted, leave of absence without pay may subsequently be withdrawn and the employee recalled to service. All employees on leave of absence without pay are subject to applicable provisions of these rules. There will be no accrual of sick leave, vacation leave or seniodW during a leave of absence without pay exceeding 30 days City of Boynton Beach 23 Effective Date: 03101/98 Revised Date: 08/01/03 Personnel Policy Manual 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2~ 3O 3~ 32 33 34 35 38 4~ 42 45 4~ 47 48 4~ 50 07. Family and Hedical Leave Act Family and Medical Leave Act (Federal Government Family and Medical Leave Act of 1993). A. Entitlement Employees of the City, including key employees except where expressly excluded, who have worked for the City for at least ].2 months and have worked at least ].250 hours during that time may be entitled to a total of 12 weeks of unpaid medical leave during any 12 month period, commencing from the first date of the leave period, when leave is taken for one or more of the following: · Birth of a child of an employee and to care for the child: · The placement of a child with an employee for adoption or foster care. (Foster care requires state a~on.) · To care for the spouse, child or parent of an employee, but not a parent "in-law", if the family member has a serious condition; or · The employee is unable to perform the ~unctions of the position, because of the employee's own serious health condition. The employee's entitlement to leave for birth, adoption or foster care. expires at the end of the 12-month period beginning on the date of the birth or placement. Employees granted FMLA leave are required to use all accrued paid leave and sick time while on FMLA leave. Employees are entitled to use vacation time dudng an FMLA leave for days not covered by accrued leave or sick time. B. Continuation of Benefits The City shall continue group health plan coverage for employees on FMLA leave for the duration of the eligible employee's leave. Coverage shall be provided on the same level and under the same conditions that coverage would have been provided if no leave ad been taken. An employee on FMLA leave without pay shall pay any dependent coverage and other premiums normally paid. Such payment is due in Human Resources by the 25th of each month. In the event that an employee fails to return to work after the period of leave expires, the City may recover any premiums the City paid for coverage during the leave period. Such recovery can be taken from any benefits or wages owned by the city to the employee. Should the employee fail to return due to the following circumstances the City will not attempt to recover such premiums: · Continuation, reoccurrence or onset of an employee's own serious health condition or that of a family member. · Due to circumstances beyond the control of the employee. The employee is required to provide the personnel department with written certification, from the employee's or family member's health care provider, substantiating ]. and/or 2 above. Failure to return within 30 calendar days of the agreed upon date and provide the above certification may result in termination and the City may recover premiums paid. City of Boynton Bea~ 24 Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 08/01/03 ~ C. Definitions ~ ~_? EMm__nv~_F~: Saladed employees who are among the highest paid 10% of all employees. 5 FAM_TEY M_FMRFi~: Includes spouse, parents, son and daughter. The term spouse means current 6 husband or wife as recognized under state law for purpose of marriage. The term parent means 7 the biological parent or individual who stands or stood in Ioco parentis (in the place of a parent) 8 to an employees when the employee was a child. This term does not include parent "in law". The 9 term son or daughter means biological, adopted or foster child, stepchild, legal ward, or a child of 10 a person standing in Ioco parentis, who either under age 18, or age 18 or older and incapable of t ~ self care because of a mental or physical disability. 13. qr~3USF~: employed by the Qty are jointly entiUed to a combined total of 12 weeks of family 14' ~ea~/e for the birth, adoption or foster care of a child or the care of a child or parent who has a t ~ sedous health condition. 17 _~ C;Fl~Tt31_l¢, HFAI TH rnNnrrrn_ N: is an illness, injury, impairment, physical or mental condition t~] that involves: 20 * Incapacity or treatment connected with inpatient care at a hospital, hospice or residential 21 medical care facility involving an overnight stay. 22 · In capacity requiring the absence of three calendar days from work that involves 23 continuing treatment or supervision of a health care provider. 24 · Continuing treatment by a health care provider for a chronic long term health condition 25 that if not treated would likely result in a pedod of incapacity of more than 3 calendar D. Requirements 30 An employee requesting FMLA leave shall explain, in writing, to Human Resources the reasons for 31 the need for such leave. The employee shall give, when foreseeable, 30 days advance notice of 32 the need for FMLA leave. The City may request as much substantiating documentation from the 33 employee as it feels necessary to make a determination as to whether the reason for the request 34 qualifies under the act. The Human Resources Director and the Department Director, after careful review, shall forward a recommendation to the Qty Manager. 37 WHFN I FAVF to, ~_F_QI_IFC;I'I~_r3 the employee must provide, in wdting, a medical certification 38 ~-b3tJng the condition and the need for leave from the employee's or family member's health care 39 provider within ten (10) days of the wdtten request for leave. A CERTIFICATE OF PHYSIC]AN OR 40 PRACTZT[ONER FORM WH-380 shall be required from a qualified health care provider for any 41 medical reason dted by the employee. The Qty may not request additional information from such 42 provider but may require the employee to obtain, at the City's expense, a second opinion. The 43 City shall designate the health care provider to furnish such second opinion. If the two opinions 44 conflict, the Qty may require the employee, at the city's expense, to obtain certification from a 45 mutually agreed upon third health care provider who's opinion will be final. This certification will 46 be treated as a confidential medical record and the information will be disclosed only as required 49 _TN'I'FI~MT'I-I'FNT ~1~ I~Fr311cFr3 _c.~_HFr31 II F I FAVF: When medically necessary, intermittent or 50 reduced schedule leave may be taken due to an employee's own sedous health condition or that 51 of a family member. Intermittent or reduced schedule leave is not available for the birth or 52 placement of a child. City of Boynton Beac~ 25 Effective Date: 03/01/98 Revised Date: 08/01/03 Personnel Policy Manual 1 Employees seeldng intermittent or reduced schedule leave based on planned medical treatment 2 are required to produce certification ouUining the dates on which treatment is expected and the 3 duration of the treatment. Employees are expected to make a reasonable effort, subject to the 4 health care provider's approval, to schedule treatment so as to not unduly disrupt the City's 5 operations. Employees are required to give the City, through the personnel department thirty (30) days notice or as much notice as is practicable of their intentions. 8 In the event an employee requests intermittent or reduced scheduled leave due to a family 9 member's or the employee's own serious health condition, the City may elect to temporarily 10 transfer the employee to an available alternative position, with equivalent pay and benefits for 11 which the employee is qualified and which better accommodates the City's needs and that of the employee. 16 r~OT~_CF F~OM FI T~TRI F fiN_r3 i<'[=M F_MPl ~¥FF¢,: A minimum of thirty (30) days advance notice of t ~ an employee's intent to take leave is required when it is foreseeable due to: .19 · The expected birth of a child. 20 · The expected placement of a child for adoption or foster care. 21 · Planned medical treatment for child, spouse or parent with a sedous health condition. ;~ · Planned medical treatment in the case of the employee's own sedous health condition. 24 If leave has to begin in less than thirty (30) days as a result of one of the above referenced 25 circumstances, the employee must provide the City, through Human Resources, with as mush 26 advance notice as is practicable. Notice must be provided in wdting to Human Resources. In the 27 event notice is NOT given in these circumstances, the employee will be considered to have taken ~ "unauthorized leave" and will be subject to appropriate disciplinary action. 30 NOTTCE ;~OM THF CT'fY TO ~F-Y F_MpLnyEF~;: The City shall notify a key employee before leave ~;~ is taken if economic injury is foreseen at the time. 33 RFC;~TmTCATrnN: An employee who has taken leave because of the employee's own serious 34 health condition or that of a family members is required by the City to obtain subsequent wdtten 35 re-certification of that medical conditions every five (5) weeks during the duration of the 36 condition. In addition, employees on FMLA leave are required to report every 2 weeks, in wdting 37 on their status and the intention of the employee to return to work. Failure to report as stated ~{~ above may subject the employee to disciplinary action for unexcused absence. 40 I~FTN_C;TAI'I~_MI=NT: Eligible employees other than key employees, who comply with all provisions 41 of this policy and who return from FMLA leave will be returned to the job position held prior to the 42 leave, or may be placed, at the discretion of the City, in an equivalent position with equivalent ~[,~ benefits. ~[~ THE ~ MAY I"II=NY I~I=_c;'r'oI:~A'I~_ON TO b k'k"'Y FMPI_OY_F_F TI::'. ~[~ 1. Denial is necessary to prevent "substantial and grievous economic injury" to the employer; 49 2. The Qty notifies employee of its intent to deny restoration on that basis at the time the City 50 determines that such injury would occur and after being notified, the employee elects not to 51 return. The City shall not deny the employee the opportunity to take leave (i.e., must notify 52 the employee after the leave is requested but before the leave is taken, if economic injury is 53 foreseen at that time) and, if the employee already is on leave when the notice is given, the 54 city shall give the employee an opportunity to return to work. 55 City of Boynton Beach 26 Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 08J01/03 1 2 3 4 7 8 9 10 13 14 15 18 19 20 21 22 25 26 27 28 29 3O 31 32 33 34 35 38 39 40 41 42 43 44 45 46 47 5O 51 52 While on leave eligible employees will retain all accrued benefits. An employee will not accrue any additional benefits dudng FMLA leave (vacation, longevity, seniority, sick, etc.). Reinstated employees are not entitled to any right, benefit or position of employment other than any to which they would have been entitled had they not taken ~he leave. Prior to reinstatement an employee whose leave was based on the employee's own sedous health condition is required to provide, in writing, to the personnel department a certification from the employee's health care provider that ~he employee is able to retum to work. 08. Longevity Benefits The City provides benefit incentives to long-term employees, to give recognition for continuous and meritorious service. Longevity benefits are available within these guidelines. EligibilKy Employees eligible are those employees who: A. Have been employed wi~h the City on a regular full-time and continuous basis for a minimum of five (5) years, B, Have an overall 'Meets Standards' or above rating on the previous employee evaluation, Benefit Employees will receive a Lump Sum Bonus as follows: On the employees fifth (5~) anniversary a lump sum payment of $500.00. On the employees tenth (10~h) anniversary a lump sum payment of $1,000.00. On the employees fifteenth (15~) anniversary a lump sum payment of $1,500.00. On the employees bNentieth (20~) anniversary a lump sum payment of $2,000.00. On the employees bNenty-fifl~ (25~) anniversary a lump sum payment of $2,500. On ~he employees t~irtieth (30m) anniversary a lump sum payment of $3,000. On ~he employees thirty-fifth (35~) anniversary a lump sum payment of $3,500. On the employees fortieth (40m) anniversary a lump sum payment of $4,000. Procedures 1. Any pay eamed for Longevity Benefits is subject to pension plan cont3'ibution and required federal deductions. 2. Each Depart~nent DireCtor is responsible for projecting the number of employees eligible for Longevity Benefits in their department and budget accordingly for each fiscal year. 3. Benefits shall not be paid beyond termination payouts. Employees who terminate from City employment prior to their hire anniversary date will not be enLi~led to IongeviW benefits. - DROP Plan Participants Participants in any of the Deferred Retirement Option Plans (DROP) are considered to have retired, do not add to the total years of service they had accrued upon entering the DROP plan, and are not eligible for a longevity bonus. City of Boynton Beac~ 27 Effective Date: 03/01/98 Revised Date: 08/01i03 Personnel Policy Manual 3 4 5 09. ReUrement Benefit Procedures for retirement and the benefits available to employees in conjunction with retirement are as set forth in the pension plan applicable at the time of retirement. City of Boynton Beac~ 28 Personnel Policy Manual Effective Date: 03/01/98 Revised Date: 08/01/03 1 2 6 7 8 9 10 11 12 13 14 15 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 37 38 39 40 41 42 45 46 47 48 49 5O V. PROFESSI~ONAL DEVELOPMENT 0:~. ~n-Service Training Any employee may be accorded leave with pay to attend an authorized program, provided that such training will considerably improve the employee's job knowledge and substantially increase his/her efficiency. (Reference: IV. Benefits, 05. Leave With Pay, G. Authorize Training Leave) :[. In the event the course is not successfully completed, employees granted leave under this rule shall reimburse the City for one-half the cost of such training course. 2. If the employee leaves the City service within one (1) full year after completion of such training, he/she shall reimburse the City for the total cost of such training course if the City Manager requires. 02. Tuition Assistance Full time employees who have completed their one-year probation and who are not-union members are eligible to apply for tuition reimbursement. Part-time and temporary employees are not eligible to receive tuition assistance. Employees must maintain a minimum rating of "meets requirements" or comparable rating in overall performance reviews in order to remain eligible for tuition assistance. Bargaining Unit contract articles covedng tuition reimbursement may or may not have the same benefits as this policy. Employees may receive full details of the program and apply for reimbursement through the Organizational and Strategic. Development Department. Employees who voluntarily leave their employment with the City or are terminated "for cause" will be required to reimburse the City :t00% of the tuition assistance received dudng the 12-month pedod pdor to their termination date, and 50% of the tuition assistance received during the 24 month pedod pdor to their termination date. 03. Employee Technical CertificaUon Employees may apply to attend training classes in a program leading to a technical certification by completing the appropriate application form and by obtaining the approval of their supervisor and department director. Acceptable programs must relate to the department's goals and objectives. Approval will be subject to Department Director discretion and funding availability. Application to attend classes, workshops or seminars leading to a technical certification must be submitted at least 60 days before the start of the program. Employees may take classes at an accredited college, university, approved training center, seminar, conference, vocational school, and/or approved on-line course or through an approved distance learning institution. Employees who voluntarily leave their employment or are terminated for cause will be required to reimburse the City for tuition paid in the preceding 24 months at 100°/o for the most recent City of Boynton Beact~ Personnel Policy Manual 29 Effective Date: 03/01/98 Revised Date: 08J01/03 1 12 months and 50% of tuition paid in the second 12 months for any classes resulting in a 2 technical or vocational certification. If not reimbursed by the employee, funds will be deducted from any final payout due the employee at time of termination. 5 Specific requirements regarding expenses, forms, written reports, testing and time limits are detailed in Administrative Policy 04.01.0~. 8 This policy applies to employees who are not members of a collective bargaining unit who g acquire technical certification in any area that exceeds the sum of $500.00 tuition cost per year. 10 Employees who are bound by a union contract will follow the provisions laid out in their 11 contract. 12 City of Boynton Beach 30 Personnel Policy Manual Effective Date: 03/01/98 Revised Date: 08/01/03 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 25 26 29 30 31 32 33 36 37 38 39 40 41 42 43 46 47 48 49 50 51 52 V~. D~SC~PL/NE 01. Disciplinary Actions The City of Boynton Beach is committed to recruit, train, and retain, qualified employees who will contribute to the City's mission. The success of City government in providing quality and efficient public services directly correlates with appropriate employee conduct and performance. Employee behavior that is positive and supportive of the goals of effective municipal management is fully encouraged. When an employee's conduct or performance is inconsistent with the needs and goals of the City, disciplinary actions up to and including dismissal can occur. Progressive discipline is suggested when circumstances support its use. In prober cases, dismissal may immediately occur. No employee shall be disciplined or discharged without reasonable cause. 1. Counseling and wdtten reprimands should be utilized as an element to motivate employees to choose behavior conducive to an individual's growth, development and most importantly, to insure the successful operation of the City and its services. However, in certain circumstances, punitive discipline actions will be necessary. There is no "fixed formula" for discipline, management reserves the dght and prerogative to make disciplinary decisions based on repeated occurrences of varying incidents, past performance, or severity of the inddent. 2. Although progressive disciplinary actions are encouraged when circumstances support such use, the severity of misconduct and the circumstances shall determine the nature of the discipline. 3. The level of misconduct may differ in individual cases from apparently similar incidents. The City retains the dght to treat each occurrence on an individual basis without creating a precedent for situations that may adse in the future. This case-by-case method is designed to take individual circumstances and/or mitigating factors into account. These provisions are not to be construed as a limitation upon the retained rights of the City, but are to be used as a guide. 4. The failure of immediate supervisors to document and/or take disciplinary actions for misconduct, or the failure to forward the completed disciplinary documents to Human Resources, shall serve as grounds for disciplinary action. Examples of Misconduct The following represents employee noncompliance with rules, regulations, policies, practices or procedures of the City or are prohibited by law. Each incident shall be considered on a case-by- case basis. City of Boynton Beact~ Personnel Policy Manual 31 Effective Date: 03~01/98 Revised Date: 08t01/03 1 7 8 9 10 11 ~4 ~7 20 2'1 22 23 24 25 2~ 27 30 3~ 32 33 34 35 36 37 3~ 40 4'1 42 45 4~ 47 48 4~ 50 5~ Misconduct Infractions for Misconduct require corrective action. The discipline for Misconduct infractions is normally: 1 "~ infraction - Written Counseling 2 "~ Tnfraction - Written Reprimand 3 '0 ~[nfracUon - Written Reprimand and Suspension Without Pay 4 ~ InfracUon - Dismissal Examples of Misconduct include, but are not limited to: · Conduct unbecoming of a City employee · Abuse of sick leave privileges, sick leave policy or excessive absenteeism · Failure to notify Department and/or Human P, esources of current address and telephone number within ten (10) calendar days of change · Failure to report any outside employment · Poor quality of work · Failure to provide name and official title to any person requesting same when performing work related duties · Abuse of personal privileges, including the extension of lunch or break periods · Abuse of attendance policy, including late for work without reason or not c~lling in as required, one (1) hour prior to an absence · Smoking in prohibited areas · Unauthorized solicitation, po~ng of material, or non-productive behavior · Loitering · Inattention to job duties All types of Misconduct will be cumulative to determine the appropriate disciplinary steps. Once a Misconduct infraction has occurred, any subsequent Misconduct infraction will result in the next level of disciplinary action. Misconduct 1~ and 2"~ infractions will expire, with regard to the progressive nature of this policy, 12 months from the date of issue, but will remain in the employee's file. Once an employee has progressed to a 3~ Misconduct infraction - Suspension Without Pay, another Misconduct infraction within 12 months of the date of issue for the 3~ infraction will normally result in dismissal. If serious misconduct or extreme misconduct has occurred previously, there will be faster progressive action. Performance Improvement Plan Employees who receive a Wdtten Reprimand with a Suspension and employees who receive a performance evaluation rating that falls below a "Meets Expectations" (rating of less than 2) shall be placed on a Performance Improvement Plan. The purpose of Performance Improvement Plan is to monitor employee performance, with an evaluation of performance being made every 30 days. The employee must demonstrate immediate and sustained improvement in their performance throughout the 90-day evaluation period or face dismissal. It is the responsibility of each employee to perform at a minimum level of "Meets Standards". City of Boynton Beac~ 32 Personnel Policy Manual Effective Date: 03/01/g8 Revised Date: 08J01/03 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 3~ 4O 4~ 42 43 44 45 4~ Serious Misconduct Infractions for Sedous Misconduct are serious in nature, but the first infraction, by itself, may not be grounds for termination. The discipline for Serious Misconduct is normally: Infraction - Written Reprimand and Suspension Without Pay Infraction - Dismissal Examples of Serious Misconduct include, but are not limited to: · Disregard of safe work procedures · Inappropriate use of City resources, time or equipment · Znappropdate or disorderly conduct · Making offensive remarks; use of abusive, profane or sexually graphic language · Failure to work required overtime assignments, special hours, special unavailability dudng stand-by status shifts or All types of Sedous Misconduct will be cumulative to determine the appropriate disciplinary steps. Once a Serious Misconduct infraction has occurred, any subsequent Serious Misconduct infraction will result in the next level of disciplinary action. Once an employee is issued a Wdtten Reprimand for Sedous Misconduct, they are ineligible to receive a salary increase (including lump sum payments), promotion, or to apply for jobs within the City for a pedod of 12 months. Sedous Misconduct infractions will remain active, with regard to the progressive nature of this policy, for the duration of employment with the City. If misconduct or sedous misconduct has occurred previously, there will be faster progressive action. Extreme Misconduct Infractions for Extreme Misconduct are very serious in nature and normally result in immediate dismissal without prior warning. Examples of Extreme Misconduct include (but are not limited to): · Failure to report an on-the-job injury or accident within ;)4 hours to immediate supervisor · Supervisor's failure to report an employee's on the job injury to Risk Hanagement within 24 hours and/or completion of necessary documentation · Violent act~ or threats of violence · Operating a City vehicle or equipment without a proper and valid driver's license. · .]ob Abandonment City of Boynton Beac~h 33 Effective Date: 03101/98 Revised Date: 08/01/03 Personnel Policy Manual 1 · Insubordination 2 · Possession of a firearm or concealed weapon on City property or while performing official 3 City duties, (excluding law enforcement officers) 4 · Gambling during work hours 5 · Suspension or revocation of any required job-related licenses or certifications. 6 · Disruption of the workplace 7 · Willful spoilage, destruction or waste of city property or resources 8 · Unauthorized personal use of City equipment or funds 9 · Conducting personal and/or private business on City time; improper use of City time for 10 such activity 11 · Violation of City secudty regulations and policies 12 · Theft or removal of City property without proper authorization 13 · Falsifying documentation 14 · Soliciting or accepting an unauthorized fee or gift or failure to comply with Chapter 112, 15 Rodda Statutes 16 · Giving false information, or failure to fully cooperate or provide full, truthful information in 17 City initiated investigations 18 · Possession, use or sale of illegal drugs, alcohol or prescription medication which alters the 19 employee's performance on the job; or any confirmed positive drug test 20 · Possession or use of alcohol while on duty; or reporting to work under the influence 21 · Refusal to submit to a City required drug or alcohol test 22 · Falsifying or attempting to falsify a City-ordered drug test 23 · Violation of the City's Harassment policy 24 · Conviction of a felony (including non-work related) ~ · Unauthorized disclosure of confidential information 2g 1. When an immediate supervisor becomes aware of evidence of the need for employee 30 discipline, they become responsible and shall investigate the circumstances, prior to 31 deciding upon the type of disciplinary action to be recommended or taken. 32 Documentation of the discipline investigation or of the conduct shall be required on the 33 part of the immediate supervisor in order to establish appropriate records. Human 34 Resources will be available to assist in such investigations. In cases where investigations 35 of a more substantial nature are required, the following types of administrative review 36 shall be administered. 37 38 a. Ad_rnini__c~_~ve II'view' Investigations of non-criminal violations conducted in the 39 absence of immediate or conclusive evidence involving any City employee, with the 40 exception of Police Department employees. These investigations shall be 41 conducted by the Department Director and Human Resources, who shall obtain all 42 sufficient information, including documentation and/or sworn statements, in order 43 to determine the necessity or level of disciplinary addon. Human Resources shall 44 assume responsibility for acquiring any necessary sworn statements. 45 46 City of Boynton Beac~ 34 Personnel Policy Manual Effective Date: 03/01/98 Revised Date: 08/01/03 1 2 3 4 5 7 8 9 10 11 12' 13 14 15 .t6 17 18 19 2O 21 22 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 45 46 47 48 b. Cdminnl Tnv~_cH~nt'inn? Investigations conducted when cdminal violations are reportedly committed by any employee of the City. These investigations shall be conducted by the Police Department, in collaboration with the Department Director of the involved employee. In instances where an investigation of sedous, unlawful or other extreme misconduct is necessary, administrative and/or criminal investigations shall be conducted prior to the effective date of the disciplinary action. The immediate supervisor may initiate up to a three-day suspension with pay to afford a supervisor the opportunity to investigate an alleged incident or misconduct in the absence of the employee. Suspensions of more than three days require the approval of the Human Resources Director. This practice may also be used in the event that alleged misconduct is severe but unproven. The immediate supervisor shall immediately notify the Department Director and Human Resources after the suspension is issued;, so that the matter can be investigated at once. A recommendation for disciplinary action may result from the findings of an investigation. If disciplinary measures are not recommended after the investigation, the suspension with pay pedod shall not be construed as disciplinary in nature. A document confirming a favorable determination as to the matter should be made a part of the employee's record. T~. [L,~' hf Iqila'i.nlln:~f~. A~,fl~n' 1. ~un~ling - Consi~ of ~e immolate su~i~r warning ~e employ~ to co~ or improve ~ffo~ance, wo~ habit, or behavior, and coun~ling ~e employ~ on improvemen~ ~~. A Court,ling ~emomndum mu~ ~ completed by the su~i~r, and ~e employ~ is r~uir~ to sign ~e Counseling Hemorandum signi~ing ~at · ey have read and di~u~ ~e conten~ wi~ ~e su~i~r. ~e signed Counseling Hemo~ndum mu~ ~ fo~ard~ to Human R~urc~ for reten~on in ~e employee's r~ords, wi~ a copy provid~ to ~e employs. ~e su~i~r may r~ue~ ~at ~e employee complete a wd~en a~on plan to coff~ ~e behavior. Employes may submit commen~ for inclusion in ~e r~ord. 2. WHen Reprimand - Consi~ of an immediate supe~isor issuing a wri~en notice of reprimand, including a complete d~fip~on of the incident(s) of miscondu~ and a warning ~at ~re viola~ons will r~ult in ~er disciplina~ a~ons up to and including dismis~l. Wd~en reprimands mu~ ~ sign~ by ~e employ~ to ac~owl~ge r~eipt and fo~arded to Human R~rc~ for reten~on in ~e employ~'s records, wi~ a copy provid~ to the employs. Empl~ may submit commen~ for inclusion in ~e r~ord. ~e employ~ may ~ r~ui~ to complete a Peffo~ance ~mprovement Plan for coff~on of the behavior. Wd~en reprimands should ~ refl~ on ~e employ~'s ~ffo~ance evalua~on along wi~ any not~ improvement. City of Boynton Oeac~ Personnel Policy Manual 35 Effective Date: 03/01/98 Revised Date: 08/01103 1 2 3. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 '17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 45 46 47 48 49 50 Suspension Without Pay - Consists of an employee being prohibited from returning to work until the specified pedod of suspension has passed or the forfeiture of vacation time, if agreed to by the employee. Suspensions without pay shall be used when an employee is removed from the job due to misconduct or unlawful behavior, or when instances of progressive discipline support a suspension without pay for a specified period of time. Any time an employee is suspended for discipline, the suspension shall be without pay. With the wdtten authorization of the Department Director and Human Resources, immediate supervisors have the authority to issue a suspension without pay for three working days or less. be Suspensions without pay beyond three working days require prior concurrence by Human Resources, review by the City Attorney's Office and authorization by the City Managefs Office. Employees being suspended without pay shall be notified in wdting by the immediate supervisor. The wdtten notification shall consist of the reason for the action and the duration of the suspension without pay. ]:t shall also include a statement that future violations will result in further disciplinary actions up to and including dismissal. Employees may submit comments for inclusion in the record. Wdtten notification of a suspension shall be signed by the suspended employee acknowledging receipt of the wdtten notification, and forwarded to Human Resources for inclusion in the employee's records, with a copy provided to the employee, the Department Director, and one to the Finance Department for payroll purposes. Dismissal - Dismissal is a result of an employee's involuntary termination which severs the employment relationship. At such time all employee benefits cease, except as otherwise provided by law. ]~mmediate supervisors must supply thorough documentation and discuss recommendations for an employee's dismissal with their chain of command and Human Resources. Upon receiving a wdtten recommendation from the supervisor, the Department Director shall submit the documentation to Human Resources. Dismissals shall be effected only with the concurrence of Human Resources, review by the City Attorney's Office and authorization by the Qty Manager. A written notice of recommended termination shall be given to the employee in person. However, after two unsuccessful attempts to deliver the notification, then the notice shall be sent via U.S. mail to the most recent address on record in the Human Resources file. The recommendation shall include the following information: a) The underlying reasons for the recommended termination. b) Documentation upon which the Department Director relied in formulating said recommendation. c) An explanation of the employee's rights to request a Predetermination Hearing prior to termination taking effect and the fact that the decision of the City Manager shall be final. City of Boynton Beaoh 36 Effective Date: 03101/98 Personnel Policy Manual Revised Date: 08/01/03 1 2 3 4 5 6 7 8 9 10 11 12 13 ~7 20 2~ 22 23 24 25 2~ 27 28 2~ 32 33 34 35 3~ 37 3~ 3~ 40 4~ 42 43 45 46 47 48 The dismissal recommendation and the City Manager's final decision shall be placed in the employee's Human Resources file, and a copy shall be forwarded to the employee and his/her Department Director. Employees may submit comments for inclusion in their Human Resources file. Probationary employees who have not successfully completed the established probationary period shall be subject to dismissal without cause, after review by Human Resources. At the time of dismissal, employees are required to surrender to their Department Director or designee, all City property that may be in their possession or custody and all other conditions for termination must be complied with pdor to issuance of final check. Rinht ~ DrGr4,~,~rn~in_~ ~fi~n Prior to the effective date of any suspension without pay, or a termination, the City shall conduct a predetermination headng. The predetermination headng shall be conducted by the Human Resources Oirector and the City Manager's designee. The employee shall be provided with reasonable notice of the predetermination headng date and of the charges which are the grounds for the disciplinary action. The employee may be accompanied and assisted at the predetermination headng by a representative or his or her choice. Prior to or at the inception of the heating the CiW shall disclose or explain the City's evidence. The employee shall be afforded the opportunity to present information in defense or mitigation to the charges brought against the employee. Following the predetermination headng and any further investigation into issues raised by the employee in defense or mitigation of the charges, the Human Resources Director and the City Manager's designee shall sustain, reverse, or modify the disciplinary action and give the employee written notice of their action and at the same time establish the suspension or termination date(s)if appropriate. 1. Probationary employees shall not have the dght to appeal any type of disciplinary action. 2. Regular employees may respond to discipline actions of counseling, written reprimand and suspensions with or without pay, of less than four (4) workdays, by requesting administrative review by the Human Resources Director. Such request shall be made within ten (~.0) calendar days of the imposition of the discipline. The Human Resources Director shall review the disciplinary action in question and shall either sustain, reverse, or modify the disciplinary action. The Human Resources Director's disposition shall be made within thirty (30) days of the employee's request for review. The Human Resources Director's disposition is final and not subject to further review. 3. Regular employees have the right to binding arbitration of any suspensions without pay of, five days or greater, or dismissals by requesting binding arbitration within ten (10) business days of the employee's receipt of formal notification of recommended suspension or dismissal. City of Boynton Beach 37 Effective Date: 03101/98 Revised Date: 08'01103 Personnel Policy Manual 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2~ 27 28 2g 3O 3~ 32 33 34 35 3~ 37 38 3~ 40 4~ 42 43 44 45 4~ 47 50 The Qb/and the employee may waive the selection process by mutually agreeing to the appointment of an arbitrator. If there is no waiver the City shall request a panel of five arbitrators from the American Arbitration Association or the Federal Mediation and Reconciliation Association within ten (].0) days of a request for arbitration. The City and the employee shall alternately strike one name, until one name remains and that individual shall be designated as the arbitrator. The arbitration shall be scheduled within forb/-five (45) days of the date of appointment of the arbitrator. Continuances shall not be granted except for good cause and in any event, not more than one continuance shall be granted to either the employee or the City. The decision of the arbitrator shall be made within twenty (20) days following the close of the arbitration or submission of written briefs, whichever occurs last. 7. The decision of the arbitrator is binding and final. o The arbitrator may not modify the discipline but shall either sustain or reverse the discipline. The arbitrator's charges, including fees and costs shall be divided and paid equally by the parties to the arbitration. Each party shall be responsible for their own attorney fees. 02. Formal Grievances The City shall strive to anticipate and avoid occurrence of valid complaints or grievances, and to deal prompUy with any that may arise. Except where there is an acceptable reason for not doing so, all matters of this nature will be handled and transmitted through supervisors in the following order, according to the department's chain of command: · Immediate Supervisor · Department Director · Human Resources Director or his/her designee The primary purpose of this grievance procedure is to determine what is dght rather than who is dght. Free discussion between employees and supervisors will lead to better understanding of practices, polities and procedures that affect employees. Discussion will serve to identify and help eliminate conditions that may cause misunderstandings and grievances. This purpose is defeated if a spirit of conflict enters into the consideration of a grievance. Supervisors and employees alike must recognize the true purpose of the grievance procedure if it is to be of value in promoting the well being of the Qb/. The Human Resources Director shall establish rules for the processing of grievances. Rules may be amended from time to time, but should have as their objective the prompt and efficient disposition of a grievance. Grievances are to be initiated by employee within ten (10) days of the event giving dse to the grievance, or the grievance is waived. Once initiated the time sequence for review and response to the employee should not exceed twenty (20) working days. The decision of the Human Resources Director regarding disposition of the grievance is binding and not subject to further review. City of Boynton Beactt 38 Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 0W01/03 1 2 5 6 7 8 9 10 11 12 13 14 15 18 19 2o 21 22 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 V~. RESZGNAT]~ON / TERMTNAT~ON OZ. ResignaUon/Termination Any employee wishing to leave a Qty position in good standing, must file with his/her Department head, at least two weeks before leaving, a wdtten resignation stating the date the resignation is to be effective and the reason for leaving. Department Heads shall forward the notice of resignation and a completed Personnel Authorization form to the Human Resources Director immediately upon receiving the resignation. Unauthorized absence from work (failure to meet the assigned schedule and/or failure to notify the department as required) for a period of three (3) consecutive working days may be considered by the Qty as a resignation. There is no termination or severance pay, except payment for accumulated sick and vacation time as otherwise provided herein. Some individual letters of appointment may include termination pay provisions. 02. Lay-Off The City Manager may lay off any regular employee whenever such action is made necessary by reason of shortage of work or funds, the abolishment of a position or because of changes in organization; however, no regular employee shall be laid off while there are temporary, or probationary employees serving in the same position for which the regular employee is eligible and available. Whenever the layoff of one or more employees shall become necessary the City Manager shall notify the Human Resources Director, at least ten (3.0) days in advance of the intended a~ion and the reasons therefore. The Human Resource Director shall furnish the City Manager with the names of the employees to be laid off in the order in which such layoff shall occur. The order of layoff shall be in reverse order of total continuous time served. TemporarY and probationarY employees shall be laid off, in that order prior to layoff of regular employees. City of Boynton Beac~ 39 Effective Date: 03/01/98 Revised Date: 08/01/03 Personnel Policy Manual 1 2 V['~. APPENDIX 01. DEF[NTr~ONS 5 The following words and terms shall have the meaning indicated unless the context cleady ~) indicates otherwise: 8 ADMINISTRATIVE REVIEW means review of a minor Human Resources action by the Human 9 Resources Director. Minor Human Resources action includes verbal counseling, wdtten counseling 10 memos, reprimands, suspensions with pay, demotions, and suspension without pay of less than t:~ five (5) days. t ~ ALLOCATE shall mean the act of assigning each position to its proper class. t ~ ANNIVERSARY DATE shall mean an employee's date of hire or re-hire, whichever is later. t~ APPEAL shall mean a request for binding arbitration. -19 ARBI'rRATOR shall mean a neutral individual appointed using the procedure set forth in these ,icie . 22 BINDING ARBTI'RAT[ON shall mean a process that ends with a decision of the arbitrator which is ~ final and binding on the employee, management and the City Commission. 25 CER'I'[FY shall mean the act of the Human Resources Director in supplying a department head ~ with the names of applicants who are eligible for appointment to a position. 28 CLASS shall mean a position or group of positions having similar duties and responsibilities, 29 requiring similar qualifications, which can be properly designated by a title indicative of the nature ~(~ of work and which carry the same range. 32 COMPENSATORY 'I-[ME shall mean time taken off in lieu of overtime pay for hours worked in ~ excess of the maximum for the (non-exempt) employee's work pedod as set forth in the FLSA. ~ CON'I'[NUOUS SERVICE shall mean employment which is uninterrupted. 37 CONTRACT EMPLOYEE shall mean an employee under an individual employment contract or a ~ collective bargaining agreement. 40 DEMO'I'[ON shall mean the assignment of an employee to a position in a lower class having a :~:~ lower maximum salary than the position from which the assignment is made. 43 DEPARTMENT shall mean Operating Department, unless specifically referred to as Human ~ Resources Department. 46 DISMISSAL shall mean the discharge of an employee from his/her or her position with the City. ~ The terms termination and dismissal are interchangeable. ~8 E! TGIBLE shall mean a person listed on the active employment list. 51 EMPLOYMENT ITST shall mean a list of persons who have been found qualified for appointment ~ to a position in a particular class. ~ EEOC shall mean the Equal Employment Opportunity Commission. 56 EXAMINA'I'[ON shall mean any selection instrument used to measure the relative knowledge, 57 skills, and abilities for candidates competing for positions which may include evaluations of 58 training and experience, performance tests, oral interview, written tests, evaluations of 59 performance appraisals, etc. City of Boynton Beact~ 40 Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 08J01/03 1 2 FULL-'I-[ME EMPLOYEE shall mean an employee who is scheduled to work a minimum of 36 hours ~ per week. 5 G~EVANCE shall mean formal notice of dissatisfaction by an employee with permanent: status ~ who feels they have been unjustly treated in cases involving employment: conditions. ~ 3OB 'rTI'LE shall mean a definite descriptive designation for a job classification. 10 LAYOFF shall mean the dismissal from employment because of short3ge of work or funds, or t ~' because of changes in the organization. 13 NON-¢ON33~CT' EMPLOYEE means any employee who is not employed under an individual t~ employment con,act: or covered by a colle~ve bargaining agreement. t ~ OVEP,~ME PAY shall mean pay for ove~me worked in excess of employees normal work week. 18 PAY RANGE shall mean a salary range established by the City £ommission with a minimum and ;~ maximum base salary. 21 PAP, T-~ME EMPLOYEE shall mean an employee who is scheduled t:o work less than 36 hours per ;~ POSTI'[ON shall mean a group of duties assigned t:o one person or job. 26 PP, OBA'I'[ONAP, Y EMPLOYEES shall mean any employee who is serving in a new position either by 27 appoinl3'nent, promotion, demotion, or reclassification, and has been advised, in writing, that ~ he/she has successfully completed his/her probationary period. 30 PROBATIONARY PEI~OD shall mean a period of ~welve (~.2) months. An employee who fails to 31 meet: standards during the probationary period is subje¢l: to discharge, demotion, or suspension ~ without warning or stat:ement of cause. 34 PP, OMO~ON shall mean the assignment of an employee l:o a position in a higher class having a ~ higher maximum salary than the position from which assignment is made. 37 REGULAR EMPLOYEE shall mean an employee who has achieved permanent: status after ~ completing a probationary pedod. ~[~ SUSPENSZON shall mean the separation with or without pay of an employee for a period of ~ime. 42 TEMPORARY EMPLOYEE shall mean an employee holding a position.other than regular full-time or ~[;~ part-time for a specified pedod of time. ~ TEMPORARY POsTrzON shall mean all positions that are not designated regular. 47 TERM[NAT[ON shall mean the discharge of an employee from his or her position with the Cib/. ~[~ The ~erms ~ermination and dismissal are interchangeable. 50 UN[ON EMPLOYEE shall mean an employee within a certified bargaining unit and covered by a ~;~ colleCdve bargaining agreement. 53 VACANCY shall mean a position existing or newly created, which is not occupied. 54 City of Boynton 8eac~ 41 Effective Date: 03101/98 Personnel Policy Manual Revised Date: 08/01/03 1 22 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 02. XNDEX ADA, 9 Administ33tive Review, 34, 40 Americans with Disabilities Act, 9 Anniversary Date, 40 Appeal, 40 Application for Employment, 11 Arbit~tor, 38, 40 Bargaining Unit, 4, 41 Benefit Information, 13 Binding Arbitration, 37, 40 Bonus Awards, 16 Bonus Days, 20 Callback. 15 CerUfy, 40 OW Commission. 4 City Manager. 5 City Manager Incentive Program. 17 Class, 40 Compassionate Leave, 22 Compenaatory Time. 15.40 Continuous Service. 40 Contract Employee. 4.10.40 Counseling, 35 Counseling Memorandum, 35 Criminal investigation, 35 Demotion, 40 Demotions, 16 Department, 40 Disability, 21 Disciplinary Action, 8, 31, 34 Dismissal, 36, 40 DROP Plan Participants, 27 Drug and Alcohol, 8 EAP. 8 EEO(:. 40 Effective Date of Policies. 9 Eligible. 40 Emergency Contact. 13 Employee Appeals. 37 Employee Assistance Program. 8 Employee Files. 13 Employee Technical Certification, 29 Employee Types, 10 Employment. 6.11 Employment List. 40 Employment of Relatives. 13 Employment Opportunity. 11 Equal Employment Opportunity. 6 Examination. 41 Extreme Misconduct. 33 Fair Labor Standards Act. 15 Family and Medical Leave. 24 Finance Department. 12.21 Rodda Public Records Law. 13 Full-Time Employee. 41 Grievance. 41 58 Grievances. 38 59 Harassment. 6.34 60 Holiday. 19 61 Holidays. 18 62 Hours of Work. 13 63 Human Resources Director. 5 64 Immediate Family. 8.13 65 Incentive. 17 66 Incentive Pay System. 16 67 Job T'~de. 41 68 Jury Duty. 21 69 Layoff, 41 70 Lay-~ff. 39 71 Leave With Pay. 21 72 Leave Without Pay, 7, 23 73 Letter of Appointi~ent,. 10 74 Longevity. 27 75 Longevity Benefits. 27 76 Medical Information. 13 77 Military Leave. 21 78 Misconduct. 31.32.33.35 79 Non-Contract Employee. 10.41 80 On-Call. 15 81 Open Enrollment. 9 82 Orientation Program. 12 83 Overtime. 15.41 84 Part-Time Employee. 41 85 Pay Range. 12.41 86 Personnel Administration. 4 87 Personnel Information. 13 88 Position, 41 89 Predetermination Headng, 37 90 Probation, 29 91 Probationary Employees, 37, 41 92 Probationary Period, 14, 16, 37, 41 93 Professional Development, 29 94 Promotion, 41 95 Public Records Law, 13 96 Recruitment and Selection. 10 97 Regular Employee; 37.41 98 Resignation. 39 99 Rastncted Sick Leave. 19 100 Retirement. 28 101 Sedous Misconduct. 33 102 Severance Pay. 39 103 Sick Leave. 19.20 104 Social Security Number, 13 105 Suspension. 35.36.37.41 106 Temporary Employee. 41 107 Temporary Position. 41 108 Termination. 36.39.41 109 Termination Pay. 39 1 10 Training. 5.6.29.41 1 1 1 Transfers. 16 112 Tuition Assistance. 29 113 Union Employee, 41 City of Boynton Beach 42 E~fec~ve Date: 03/01/98 Revised Date: 08/01/03 Personnel Policy Manual 8 1 Vacancy, 41 2 Vacation, 18 3 Violence in the Workplace, 8 4 Witness Fees, 21 5 Workers' Compensation, 22 6 Written Rel:)nmand, 35 7 Years of Service, 18, 20 43 City of Boynton Beac~ Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 08/01/03 ~ .-~ .go ~> ~'~ ~,~'- ~ ~ ~ I ~o~c ~ O~-u~ ~:~=~8 80-~~ '=:,-~ :~: '~ 0 ~ 0~ . t /~:~.~ ~ ~ ,o 0 '" '~'~ · -" ,~ '~(" ' ._,, ,, , "'~ ;iii~r ",,..'..- ,-, ,. -" "' ~ " "'"~ .' '-'I '~ .ii '"t ,,~ - ..,, "~ '~ 'I" "'~ .' . .~ "~ ~'~ i.~ ~ . ;'~ ~ '~._ XZI. - LEGAL TI'EH B.1 CITY OF BOYNTON BEAC! AGENDA ITEM REQUEST FORtvl Requested City Commission Meeting Dates [] August 5, 2003 [] August 19, 2003 [] September 2, 2003 · [] September 16, 2003 NATURE OF AGENDA ITEM Date Final Form Must be Turned in to City Clerk's Office July 14, 2003 (Noon.) August 4, 2003 (Noon) August 18, 2003 (Noon) September 2, 2003 (Noon) Requested City Commission Meeting Dates [] October 7,2003 [] October 21, 2003 [] November 5, 2003 [] November 18, 2003 Date Final Form Must be Turned in to City Clerk's Office September 15, 2003 (Noon) October 6, 2003 (Noon) October 20, 2003 (~n) '~ c.~ November 3, 2003 ~:~n) [] Administrative [] Legal ~' ~- [] Announcement [] New Business -~' ~'~ [] City Manager's Report [] Presentation c~ t~ o [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the September 2, 2003 City Commission Agenda under Legal, Ordinance - First Reading. The Planning and Development Board with a unanimous vote, recommended that the subject request be approved. The Community Redevelopment Agency Board reviewed this item on August 12, 2003 and also forwarded it with a recommendation to approve. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-03-144. EXPLANATION: PROJECT: AGENT: DESCRIPTION: Docks Extending into Waterway City Initiated Request to amend Chapter 2, Zoning, Section 4.! limiting the distance a dock can extend into the canal to one-third (1/3) of the canal width, to reduce the percentage to one-quarter (1/4) to coincide with regulations of other agencies. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVE~,S~~ Develo~efi't Department Di],ector ~ty Manager's Signature Planning hnd Zonmg~ir~ctor City Attorney / Finance / Human Resources S:~Planning~SHARED\WP\SPECPROJ~CODE REVIEW~Docks~a, genda Item Request Docks amend to code 9-2-03.dot S :~I3ULLETINX, FORMS~AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 03- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING LAND DEVELOPMENT REGULATIONS, CHAPTER 2, ENTITLED "ZONING," SECTION 4.J, "OTHER STRUCTURES," PROVIDING THAT DOCKS MAY NOT EXTEND FURTHER INTO THE WATERWAY THAN 25% THE WIDTH OF THE WATERWAY; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the federal rules and regulations limit the construction of docks, pilings, other structures in navigable waterways to no further than 25% the width of the and WHEREAS, the City Commission of the City of Boynton Beach has determined that to the increase of boat traffic, larger vessels, and more vessels utilizing the waterways in City, it is necessary to reduce how far into the waterway a dock, mooring pile, seawall or imilar structure may extend from 33% the width of the waterway to 25% the width of the which is consistent with federal rules and regulations and with Section 104.1.1 of Boynton Beach Amendments to the 2001 Florida Building Code; and WHEREAS, at its meeting of August 26, 2003, the City of Boynton Beach Planning Development Board recommended that the City Commission amend Chapter 2, Section 5 of the Land Development Regulations of the City of Boynton Beach to provide that mooring piles, groins, seawalls, jetties, revetments, or similar structures and facilities not extend more than 25% into the waterway; and WHEREAS, the City Commission of the City of Boynton Beach concurs with the findings of the Planning and Development Board and finds that amending Chapter 2, Section 4.J.15 of the Land Development Regulations is in the best interests of health, safety, and S:\CA\OrdinancesXLDR ChangesXDocks Ordinance Final 071003.doc Rev. 07-10-03 1 welfare of the citizens and residents of the City of Boynton Beach. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF rilE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clauses are tree and correct and are now ratified and confirmed by the City Commission. Section2. That Chapter 2, entitled "Zoning," Section 4, entitled "General ~rovisions, Subsection J, entitled "Other Structures," is hereby amended by adding the words md figures in underlined type and by deleting the words and figures in struck-through type, ~s follows: Section 4. General provisions. me. OTHER STRUCTURES. 15. Open terraces, including walkways, unenclosed decks and slabs, natural plant landscaping and docks, with or without canopy. Docks projecting into waterway owned by a different property owner than the owner of the dock shall require prior approval at time of permitting from the owner of the walkway. In addition, the dock, all mooring piles, groins, seawalls, jetties, revetments, or similar structures and facilities related thereto, shall not extend further into the waterway than I,/2 1/4 of the width of the waterway fo__.rr private or commercial docking and mooring facilities. Section 3. 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 4. All laws and ordinances applying to the City of Boynton Beach in 5:\CA\OrdinancesXLDR ChangesXDocks Ordinance Final 071003.doc kev. 07-10-03 2 :onflict with any provisions of this ordinance are hereby repealed. Section 5. 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 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 SECOND, FINAL READING AND PASSAGE this ,2003. day of ,2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner Clerk S:\CA\Ordinances\LDR Changes\Docks Ordinance Final 071003.doc Rev. 07-10-03 3 DEPARTMENT OF DEVELOPMENT'~ BUILDING DMSION MEMORANDUM NO. 03-144 TO: FROM: DATE: SUBJECT: Quintus Greene, Director of Developm_ ent Don Johnson, Building Official July 7, 2003 CITY MANAGER'S REQUEST FOR STAFF ANALYSIS OF IMPACT OF PROPOSED CHANGES TO ORDINANCE CONCERNING DOCKS Pursuant to the City Manager's request, I have consulted with Permitting staff and the City Attorney's office to discuss revising Chapter 2, Section 4.J.15 of the Land Development Regulation to limit encroachment by docks into City waterways. Currently Section 4.J. 15 allows docks to project into a waterway up to one-third of the navigable width of the waterway. To remain consistent with the Army Corp. of Engineers, the Department of Environmental Protection, South Florida Water Management District, and the Lake Worth Drainage District, we are proposing to change the encroachments of the current ordinance from one-third of the waterway to one-fourth of the width of the waterway. The philosophy behind the proposed change is to remain consistent with the other regulatory bodies. The second reason for the change-is to ensure that two neighbors on opposite sides of the waterway would each encroach only twenty-five percent of the waterway, leaving fifty percent of the total waterway open for navigable purposes. We have analyzed the affect that the proposed change to this ordinance will have on the citizens of Boynton Beach and offer the following: Legal Non-Conforming Docks/Marine Facilities - These will be docks/marine facilities that were previously permitted to be up to a maximum of thirty-three percent of the canal width. These docks/mahne facilities would be able to remain and be maintained as legally permitted. Legal Non-Conforming docks/marine facilities would not be able to be increased in size that would add to the non-conformity. The existing docks/marine facilities could be added to only in compliance with the new ordinance requirement of twenty-five percent maximum encroachment into the width of the canal. Approval from any other regulatory authority would be necessary pr/or to application for permit to the City Of Boynton Beach. These new docks/marine facilities would have to meet all applicable building codes. Memo to Quintus Greene July 7, 2003 RE: CITY MANAGER'S REQUEST FOR STAFF ANALYSIS OF IMPACT OF 'PROPOSED CHANGES TO ORDINANCE CONCERNING DOCKS Page 2 of 2 Pages New Permitted Docks/Marine Facilities - Upon approval of the changes to the proposed ordinance, these docks/marine facilities would not be allowed to encroach more than twenty-five percent maximum into the canal as per the proposed ordinance. These new docks/marine facilities would have to receive approval fi.om any other regulatory authority prior to application for pen'nit to the City Of Boynton Beach and must meet all applicable building codes. e Unpermitted Docks/Marine Facilities - These are docks/marine facilities that have been installed without benefit of permits and would be in violation of Section 104.1. I of the Boynton Beach Amendments to the 2001 Florida Building Code. These docks/marine facilities would have to meet all current permitting requirements for docks/marine facilities. These docks/marine facilities would be required to meet the maximum encroachment of twenty-five percent of the waterway. If the docks/marine facilities' encroachment exceeds the maximum twenty-five percent of the canal width, it would be necessary to remove any portion that encroaches over the maximum twenty-five percent limit. Approval of any other regulatory authority prior to application for permit City Of Boynton Beach would be necessary and the unpermitted dock/marine facility would have to meet all applicable building code requirements. The Permitting staff also conducted a random sampling of the ten most recent docks/marine facilities permits that we have issued. It was determined that all ten of these docks meet the twenty-five percent maximum encroachment of the waterway. DJ:rs XC: Attachment Nancy Byme, Assistant Development Director Timothy Large, Building Code Administrator Mike Rumpf, Director of Planning & Zoning Mike Pawelczyk, Assistant City Attorney S:~Dev¢loprnent~BUILDrNGLMemosLMernos to Development Admin - 2003LStaff Analysis of Lmpact of Proposed Ordinance Change Concerning Docks.doc DEPARTMENT OF DEVELOPMENT BUILDING DIVISION MEMORANDUM NO. 03-143 TO: FROM: DATE: 'SUBJECT: Mike Pawelczyk, Assistant City Attorney Johnson, Building Official, Don July 7, 2003 PROPOSED ORDINANCE - DOCKS EXTENDING INTO WATERWAY You have asked us to supply any suggested changes to Section 4.J. 15 - OTHER STRUCTURES, of the above referenced ordinance. I would like to propose that the following wording be added in order to remain consistent with Section 104.1.1. of the Boynton Beach Amendments to the 2001 Florida Building Code - Marine Facilities: 15. Open terraces, including walkways, unenclosed decks and slabs, natural plant landscaping and docks, with or without canopy. Docks projecting into waterway owned by a different property owner than the owner of the dock shall require prior approval at time of penuitting from the owner of the walkway. In addition, the dock, all mooring piles, groins, seawalls, ietties, revetments, or similar structures and facilities related thereto, shall not extend further into the waterway than ~ of the width of the waterway for private or commercial docking and mooring facilities. Thank you for your consideration. DJ:rs XC: Quintus Greene, Director of Development Nancy Byme, Assistant Development Director Timothy Large, Building Code Administrator Mike Rumpf, Director of Planning & Zoning Rosemarie LaManna, Paralegal S:kDevelopment~BUILDINGhMemoskMemos to City Attorney - 2003kProposed Ordinance - Docks Extending into Waterway.doc XII.- LEGAL ITEM B.2 CITY OF BOYNTON BEACI AGENDA ITEM REQUEST Requested City Commission Meeting Dates [] August 5, 2003 [] August 19, 2003 [] September 2, 2003 [] September 16, 2003 Date Final Form Must be Turned in to Ci~ Clerk's Office July 14, 2003 (Noon.) August 4, 2003 (Noon) August 18, 2003 (Noon) September 2, 2003 (Noon) Requested City Commission Meeting Dates [] October 7, 2003 [] October 21, 2003 [] November 5, 2003 [] November 18, 2003 Date Final Form Must be Turned in to Ci~ Clerk's Office September 15, 2003 (Noon) October 6, 2003 (Noon) October 20, 2003 (Noon) November 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to approve an Ordinance deleting Sec. 2-l 5 Travel Reimbursement from the Code of Ordinances, in its entirety, and approving an Ordinance transferring the section to the Personnel Policy Manual. EXPLANATION: Staffhas determined that this Section should more properly be addressed as policy and is recommending that it be stricken fi.om the Code of Ordinances and transferred, in its entirety, to the Personnel Policy Manual. This is accomplished by the First Ordinance deleting the Section fi.om the Code of Ordinances, and the Second Ordinance, which transfers the policy into the Personnel Policy Manual. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: Leave the travel reimbursement procedure/policy in the City Code. Department Head's Signature City Attorney Department Name City Manager's Signature City Attome0 / Finance / Human Resources S:\BULLETIN~ORMS~GENDA ITEM REQUEST FORM.DOC ORDINANCE 03- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER III COMPENSATION. OF THE PERSONNEL POLICY MANUAL BY CREATING A NEW SUBSECTION 09. ENTITLED "TRAVEL REIMBURSEMENT"; PROVIDING FOR CONFLICTS, SEVERABILITY, COD~ICATION AND AN EFFECTIVE DATE. WHEREAS, the Florida Legislature has enacted Chapter 2003-125, Laws of Florida to :larify that municipalities have Home Rule authority to enact per diem and travel allowances; WHEREAS, the City administration has recommended transfer of the City's and procedures regarding travel and expense reimbursement for City employees the Code of Ordinances of the City of Boynton Beach to the Personnel Policy Manual; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. That the Personnel Policy Manual (PPM) Chapter Ill is hereby amended creating a new subsection in Chapter III. Compensation entitled "09. Travel providing for per diem and travel expense policies and schedules, as follows: IlL Compensation A (1) (2) Travel Reimbursement - Per Diem and travel expense schedule. Definitions. The following; words shall have the meaning indicated: Officer or public officer: A member of the City Commission. Employee: A n i ndividua! o n t he city p awoll whether commissioned o r not, other than an officer, who is filling a regular or full time authorized position and is responsible to the city. ~:,,CA\OrdinancesVkdministrafive\PPM Amendments - Travel Reimbursement.doc (3) a. Authorized person: A person other than a public officer or employee as defined herein, whether elected or commissioned or not, who is authorized by the city to incur travel expenses in the performance of his official duties. A person who is called upon by the city to contribute time and services as consultant or advisor. A person who is a candidate for an executive or professional position with the city. (4) Traveler: A public officer, public employee, or authorized person, when ~erforming authorized travel. (5) Travel expense, traveling expenses, necessary expenses while traveling, actual ~enses while traveling, convention or conference registration, or words of similar nature: usual ordinary and incidental expenditures necessarily incurred by a traveler. (6) Common carder: Train~ bus, commercial airline operating scheduled flights, or of an established rental car firm. (7) Travel day: A period of twenty-four (24) hours consisting of four (4) quarters of hours each. (8) Travel period: A period of time between the time of departure and time of (9) Class A travel: Continuous travel of twenty-four (24) hours or more away from ffficial headquarters. (10) Class B travel: Continuous travel of less than twenty-four (24) hours which overnight absence from official headquarters. (11) Class C travel: Travel for short or day trips where the traveler is not away from official headquarters overnight. Expense Allowance for Public Officials Official shall receive, in lieu of reimbursements, a monthly expense allocation to travel and expense expenditures. The amount of expense allocation shall be t be amended, by resolution of the City Commission. Reimbursement for Employees and Authorized Persons All travel by an employee or authorized person must be authorized and or his/her desimaee, prior to the time of travel. Such requests fid not be authorized unless it is accompanied, prior to the time of travel, by a signed S:\CA\OrdinancesV~,dministrative\PPM Amendments - Travel Reimbursement.doc by the traveler's supervisor stating that such travel is on the official business of the and also stating the purpose of such travel. (2) Traveling expenses of travelers shall be limited to those expenses necessarily by them in the performance of a public purpose authorized by law to be performed the city and must be within the limitations prescribed by this section. (3) Travel by public officers or employees serving temporarily in behalf of another in behalf of more than one agency at the same time, or authorized persons are called upon to contribute time and services as consultants or advisors, may be by the city. Complete explanation and justification must be shown on the travel voucher or attached thereto. (4) Traveling expenses of public employees for the sole purpose of taking merit or job placement examinations, written or oral, shall not be allowed under any that written approval of the city manager, candidates for or professional positions with the city may be allowed traveling expenses as by the ci_ty manager and available in the budget. headquarters. The official headquarters of an officer or employee assigned to office shall be the City of Boynton Beach. Computation of travel time _for reimbursement. For purposes of reimbursement and of calculating fractional days of travel, the following principles are prescribed: (1) The travel for Class A travel shall be a calendar day (midnight to midnight). travel day for Class B travel shall be~n at the same time as the travel period. For Class 13 Class C travel, the traveler shall be reimbursed one-fourth of the authorized rate of per for each quarter, or fraction thereof, of the travel day included within his travel period. lass A and Class B travel shall include any assignment on official business outside of office hours and away from regular places of employment when it is considered and necessary to stay overnight and for which travel expenses are approved. (2) A traveler shall not be reimbursed on a per diem basis for Class C travel, but receive subsistence as provided in this section, which allowance for meals shall be on the following schedule: a. Breakfast, when travel begins before 6:00 a.m. and extends beyond 8:00 a.m. b. Lunch, when travel beans before 11:30 a.m. and extends beyond 2:00 p.m. c. Dinner, when travel begins before 6:00 p.m. and extends beyond 8:00 p.m., or when travel occurs during nighttime hours due to special assignment. No allowance shall be made for meals when travel is confined to the city or town of the official headquarters for immediate vicinity; except assignments of official business outside of the traveler's regular place of employment if travel expenses are a~roved. S:\CA\Ordinances~Administrative\PPM Amendments - Travel Reimbursement.doc Rates of per diem and subsistence allowance. For purposes of reimbursement rates and of calculation, per diem and subsistence allowances are divided into the following and maximum rates to be determined by the city: (1) All travelers may be allowed for subsistence when traveling to a convention, or trainin or when traveling outside the state in order to conduct bona business, which convention, conference, or business serves a direct and lawful with relation to the city, in either of the following: a. Up to fifty dollars ($50.00) per diem for travel in Florida. b. Up to the amounts permitted in paragraph (4) below of this subsection for meals, plus actual expenses for lodging at a single occupancy rate to be substantiated by paid bills therefor. (2) All other travelers may be allowed same as subsection (1) hereof. (3) When lodging or meals are provided at a state institution, the traveler shall be mbursed only for the actual expenses of lodging or meals, not to exceed the maximum for in this subsection. (4) Meals only. All travelers may be allowed an amount for meals, while on ,fficial business, up to the following amounts: a. Breakfast, five dollars ($5.00). b. Lunch, eight dollars ($8.00). c. Dinner, fifteen dollars ($15.00). d. Total for twenty-four hour period, twenty eight dollars ($28.00). e. Additional amounts where special circumstances are appropriate as approved by ~rtation. (1) All travel must be by a usually traveled route. In case a person travels by an route for his own convenience any extra costs shall be borne by the traveler and ~ursement for expenses shall be based only on such charges as would have been incurred a usually traveled route. The most economical method of travel for each trip shall be in mind the following conditions: a. The nature of the business. b. The most efficient and economical means of travel (considering time of the cost of transportation and per diem or subsistence required). c. The number of persons making the trip, and the amount of equipment or material to be transported. (2) Transportation by common carrier when traveling on official business and paid for personally by the traveler, shall be substantiated by a receipt therefor. In the event transportation other than the most economical class approved is provided by a common career on a flight check or credit card, the charges in excess of the approved class shall be refunded by the traveler to the city. S:\CA\Ordinances~.dministrative\PPM Amendments - Travel Reimbursement.doc (3) a. The use of privately owned vehicles for official travel in lieu of publicly owned or common carriers may be authorized by the ci_ty if a publicly owned vehicle, the shall be entitled to a mileage allowance at a rate based upon the current allowable of the United States Internal Revenue Service. As the mileage rate allowed by the Revenue Service is subject to change, the city manager may conduct an annual of the mileage rate. The mileage allowance shall be at a rate not to exceed twenty-nine ~er mile or the common carrier fare for such travel, to be determined by the city Reimbursement for expenditures related to the operation, maintenance, and of a vehicle shall not be allowed when privately owned vehicles are used on public ~ss and reimbursement is made pursuant to this paragraph, except as provided for ;ewhere in this subsection. b. All mileage shall be shown from point of origin to point of destination and when ible shall be computed on the basis of the current map of the State of Florida Department Vicinity mileage necessary for the conduct of official business is but must be shown as a separate item on the expense voucher. (4) Transportation by chartered vehicles when traveling on official business may be by the city manager when necessary or where it is to the advantage of the city, ,rovided the cost of such transportation does not exceed the cost of transportation by owned vehicle pursuant to paragraph (3) of this subsection. (5) The city may grant monthly allowances in fixed amounts for use of privately automobiles on official business in lieu of the mileage rate provided for in paragraph of this subsection. Allowances granted pursuant to this paragraph shall be reasonable and into account the customary use of the automobile, the roads customadly raveled, and whether any of the expenses incident to the operation, maintenance, and ~wnership of the automobile are paid from funds of the city or other public funds. Such allowance may be changed at any time. (6) No traveler shall be allowed either mileage or transportation expense when he is 'gratuitously transported by another person or when he is transported by another traveler who les entitled to mileage or transportation expense. However, atraveler on a private aircraft shall [be reimbursed the actual amount charged and paid for his fare for such transportation up to t~ae cost of a commercial airline ticket for the same flight, even though the owner or pilot of such aircraft is also entitled to transportation expense for the same flight under this ;ubsection. H. Other expenses. The following incidental traveling expenses of the traveler may be reimbursed: (1) Taxi fare. (2) Ferry fares; and bridge, road and tunnel tolls. (3) Storage or parking fees. 5:\CA\Ordinances\Administrative\PPM Amendments - Travel Reimbursement.doc (4) Communication expense. (5) Convention registration fee while attending a convention or conference which 0rill serve a direct public purpose with relation to the city. A traveler may be reimbursed for actual and necessary fees for attending events which are not included in the basic registration tee t hat directly enhance p m'pose o f public participation in the conference. Such expenses may include, but are not limited to, banquets and other meal functions. It shall be the responsibility of the traveler to substantiate that the charges were proper and necessary. However, any meals or lodging included in the registration fee will be deducted in accordance with the allowances provided above. (6) Advancements. Notwithstanding any of the foregoing restrictions and imitations, the city manager may make, or authorize the making of, advances to cover mticipated costs of travel to travelers. Such advancements include the costs of subsistence md travel of any person transported in the care or custody of the traveler in the performance his duties. Final report and reimbursement, if any, shall be made within five (5) days of :etum from travel. (7) Payment directly to vendor and lodging. When approved by the city manager, ~uch employee may request the city to pay his expenses for meals and lodging directly to the vendor and lod~ng during the travel period, limited to an amount in accordance with this ~chedule. (8) All claims for reimbursement shall be on a form authorized by the City which shall confirm the following statement followed by the signature of the employee or authorized person. I verify t hat t he expenses 1 isted above were incurred by me as necessary travel expenses in the performance of official City business and that my request for reimbursement is tree and correct as to every material matter Section 2. Should any section or provision of this ordinance or portion hereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section3. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith be and the same are hereby repealed to the extent of such :onflict. Section 4. Authority is hereby granted to codify said ordinance. Section 5. This Ordinance shall become effective when the following has occurred: (a) Immediately upon passage for all employees not covered by a collective bargaining unit; and S:\CA\Ordinances~Administrative\PPM Amendments - Travel Reimbursement.doc (b) For those employees covered under a collective bargaining agreement, when a collective bargaining agreement ratifying the foregoing changes to the Personnel Policy Manual has been ratified by the City Commission and the bargaining umt, or their successor organization. FIRST READING this __day of ,2003 SECOND, FINAL READING and PASSAGE this ~ day of ,2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner T: Commissioner Clerk Commissioner :\CA\Ordinances~Administrative\PPM Amendments - Travel Reimbursement.doc XII. - LEGAL CITY OF BOYNTON BEACH ITEM B.3 AGENDA ITEM REQUEST Requested City Commission Mectin~ Dates [] August 5, 2003 [] August 19, 2003 [] September 2, 2003 · [] September 16, 2003 Date Final Form Must be Turned in tO City Clerk's Office July 14, 2003 (Noon.) August 4, 2003 (Noon) August 18, 2003 (Noon) September 2, 2003 (Noon) Requested City Commission Mcetin~ Dates [] October 7, 2003 [] October 21,2003 [] November 5, 2003 [] November 18, 2003 Date Final Form Must be Turned in to CiW Clerk's Office September 15, 2003 (Noon) October 6, 2003 (Noon) October 20, 2003 (Noon) November 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to approve an Ordinance deleting Sec. 2-15 Travel Reimbursement from the Code of Ordinances, in its entirety, and approving an Ordinance transferring the section to the Personnel Policy Manual. EXPLANATION: Staffhas determined that this Section should more properly be addressed as policy and is recommending that it be stricken from the Code of Ordinances and transferred, in its entirety, to the Personnel Policy Manual. This is accomplished by the First Ordinance deleting the Section from the Code of Ordinances, and the Second Ordinance, which transfers the policy into the Personnel Policy Manual. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: Leave the travel reimbursement procedure/policy in the City Code. Department Head's Signature City Attorney Department Name City Manager's Signature City Attorn¢O / Fin~ance / Human Resources ./ S:~BULLETIN'~FORMS~AGENDA ITEM REQUEST FORM.DOC ORDINANCE 03- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER II ADMINISTRATION, BY DELETING SECTION 2-15. PER DIEM AND TRAVEL EXPENSE SCHEDULE. IN ITS ENTIRETY; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, upon recommendation of staff, the City Commission has determined per diem and travel expense matters are issues more correctly addressed in the Policy Manual, rather than the Code of Ordinances; and WHEREAS, the City Commission deems it appropriate to delete this section fi.om Code of Ordinances and insert the language into the Personnel Policy Manual by separate Ordinance; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. That Chapter II, Section 2-15 of the Code of Ordinances of the City Beach, Florida is hereby deleted in its entirety. Section 2. Should any section or provision of this ordinance or portion hereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 3. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section 4. Authority is hereby granted to codify said ordinance. Section 5. This Ordinance shall become effective immediately upon passage. FIRST READING this day of ,2003 S:\CA\Ordinances~Administrative\Delete Travel Reimbursement Policy - Sec 2-15.doc SECOND, FINAL READING and PASSAGE this ,2003. day of CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner ATTEST: Commissioner City Clerk Commissioner S:\CA\Ordinances~Administrative\Oelete Travel Reimbursement Policy - Sec 2-15.doc