The URL can be used to link to this page

Agenda 01-06-04 The City of Boynton Beach 100 E. Boynton Beach Boulevard · (561) 742-6000 City Commission AGENDA JANUARY 6, 2004 Jerry Taylor Mayor At Large Bob Ensler "" Commissioner ,, ~_iDISTr:ICTIV ~L"II District, Mack McCray CommissionerDistrictl, F ; ~ :)lS~"cl'l ~/ MikeFerguson --~ ...... ~=..~7.I ~-"J~.' !~_~ Vice Mayor Carl McKoy Commissioner Ku~ Bressner City Manager www.boynton-beach.org We're Reinventing City Living for the Mi//enniurn WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT CITY OF BOYNTON BEACH COMMISSION MEETINGS ,~E AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. · Consent Agenda Items= These are items which the Commission does not need to discuss individually and which are voted on as a group. · Regular Agenda Items; These are items which the Commission will discuss individually in the order listed on the agenda. · Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item. City Commission meetings are business meetings and, as such, the Commission retains the right to limit discussion on an issue. · 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. · Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded. · ADDRESSING THE COMMISSION: When addressing the Commission, please step up to either podium and state, for the record, your name and address. DECORUM: Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission will be barred from further audience before the Commission by the presiding officer, unless permission to continue or again address the Commission is granted by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to Holidays/Election Day). CITY OF BO YNTON BEA CH REGULAR CITY COMMISSION MEETING AGENDA .lanuary 6, 2004 6:30 P.M. I. OPENINGS: A. Call to Order- Mayor Jem/Taylor B. Invocation - Commissioner McCray C. Pledge of Allegiance to the Flag led by Mayor Taylor D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption II, OTHER: A. Informational Items by Members of the City Commission III. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS, & PRESENTATIONS: A. Announcements: B. Community and Special Events: 1. Oceanfront Concert - January 9, 2004 (Gold Coast Band) C. Presentations: 1. Proclamations: None 2. Present awards to winners of the 4m Annual Holiday Decorating with Lights Contest 3. Heart Walk Presentation IV. PUBLIC AUDIENCE: INDMDUAL SPEAKERS WILL BE LIMITED TO 3-f4INUTE PRESENTATIONS (at the discretion of the Chair, this 3-minute allowance may need to be adjusted depending on the level of business coming before the City Commission) Agenda Regular City Commission Meeting Boynton Beach, Florida 3anuary 6, 2004 V. ADI~XNZSTRA'F'~/E: A. Appointments to be made: Appointment Length of Term To Be Made Board Expiration Date I Ensler Advisory Bd on Children & Youth Alt I yr term to 4/04 Tabled (3) II McCray Advisory Bd on Children & Youth Stu/NonVoting 1 yr term to 4/04 Tabled (3) III Ferguson Advisory Bd on Children & Youth Stu/Voting 1 yr term to 4/04 III Ferguson Community Redevelopment Agency Reg 4 yr term to 1/08 II McCray Community Relations Board Reg 3 yr term to 4/06 IV McKoy Nuisance Abatement Board Reg 2 yr term to 4/05 Mayor Taylor Nuisance Abatement Board Reg 2 yr term to 4/05 III Ferguson Nuisance Abatement Board Reg 2 yr term to 4/05 Tabled (3) II McCray Planning & Development Board Alt i yr term to 4/04 VX. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: 1. Agenda Preview Conference of December 12, 2003 2. Regular City Commission Meeting of December 16, 2003 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2003-200~t Adopted Budget 1. Approve piggyback of Village of Tequesta Bid for Water Meter Replacement Program with Line-Tec to complete the replacement of water meters with touch read meters with an estimated expenditure of $200,000 over 2 years 2. Approve the installation of two 110 hp pumps at Master Lift Station 356 by W. Jackson and Sons Construction Company, utilizing Broward County Bid #P Y 02 275 B1, Emergency installation/repair services water/sewer systems in the amount of $36,548 (Proposed Resolution No, R04- OOZ) 2 Agenda Regular City Commission Meeting Boynton Beach, Florida 3anuary 6~ 2004 3. Approve piggyback of the Miami-Dade County, Bid #6819-2/06 to Ellis K. Phelps & Company for the purchase of submersible pumps at an estimated annual expenditure of $150,000 C. Resolutions: 1. Proposed ResoluUon No. R04-002 Re: Agreement for Water Service Outside the City Limits with Terence C. Rowe and Diena M. Neville for the property at 1093 Florence Road, Lantana, Florida (Lots q8 and '~9, Hypoluxo Ridge) 2. Proposed Resolution No. R04-003 Re: Agreement for Water Service Outside the City Limits with Garrett M. Bender for a ~,.84-acre parcel of land located along Barwick Road 3. Proposed Resolution No. R04-004 Re: Agreement for Water Service Outside the City Limits with Mitch and Teri Gevinson for a 3.16- acre parcel of land located along Barwick Road a,. Proposed Resolution No. R04-005 Re: ]:nterlocal Agreement for Municipal Recycling between the Solid Waste Authority and the City of Boynton Beach 5. Proposed ResoluUon No. R04-006 Re: Agreement for Water Service Outside the City Limits with Carlos Valencia for the property at 1200 Ridge Road, Lantana, Florida (Lots 128 and 129, Ridge Grove) 6. Proposed Resolution No. R04-007 Re: Release of Unity of ~qtle for Southern Homes of Palm Beach :[]:~[, LLC. (Murano Bay) D. Ratification of Planning & Development Board Action: 1. Clear Copy (ZNCV 03-027), 660 West Boynton Beach Boulevard - Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11,H.16.d. (19) to allow 13 parking spaces in lieu of the 19 required by code, a variance of 6 spaces for a medical office use in a C-2 zoning district 2. Olen ]:ndustrial (NWSP 03-018) - (~uantum Park Lot 50A, ~,875 Park Ridge Road -- Request for new site plan approval for a 17,726 square foot warehouse on a 1?,l-acre parcel in The Quantum Park P]:D 3. Olen Office (NWSP O3-019) - (~uantum Park Lots 21 and 21B, 1~,25 Gateway Boulevard - Request for new site plan approval for a 28,266 square foot office building on a 2.13-acre parcel in The Quantum Park PIeD 3 Agenda Regular City Commission Meeting Boynton Beach, Florida January 6, 2004 4. Venetian Villas (NWSP 03-021), South side of Southwest 23rd Avenue (Golf Road), approximately 600 feet east of Congress Avenue - Request for new site plan approval for 50 fee-simple townhomes on a 4.69-acre parcel in a R-3 zoning district 5. Krispy Kreme (MSPM 03-012), 6q0 West Boynton Beach Boulevard - Request for Major Site Plan Modification approval for a 20-foot tall "pole sign" on a 1.04-acre parcel in a C-2 zoning district 6. Bethesda Memorial Hospital Parking Garage (MSPM 03-010), 2815 South Seacrest Boulevard - Request for Major Site Plan Modification approval for a 82,500 square foot parking structure on an existing surface parking lot in a Public Usage (PU) zoning district 7. Bethesda Memorial Hospital Parking Garage (HTEX 03-008), 2815 South Seacrest Boulevard - Request for a height exception of approximately 11 feet to allow elevator and stair towers associated with a proposed parking garage to extend above the 45-foot maximum height provision in the Public Usage (PU) zoning district 8. High Ridge Commerce Center !! (CDRV 03-005), City-wide - Request for amendment to the Land Development Regulations, Chapter 2, Zoning, Section 8.A.l.d.(9) to include dance instruction as a permitted use in the M-1 zoning district E. Ratification of CRA Action: None F. Approve transfer of $22,205 from the Contingency Account to the Development Department for the installation of Interactive Voice Response Software and Land Base System Software G. Support for expansion of the membership of the Palm Beach Metropolitan Planning Organization to include voting representaUves for the Town of Greenacres, Village of Royal Palm Beach and Village of Wellington (Proposed Resolution No. R04-008) VTT. CODE COMPLTANCE & LEGAL SEI-rLEMENTS: None V[TT. PUBLTC HEAR]:NG: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMTTS A. Project: Boynton Delray Academy (COUS 03-008) (TABLED BY COMM!SS!ON - 12/16/03) Agent: Marry Madura 4 Agenda Regular CityCommission MeeUng Boynton Beach, Florida 3anuary~ 2004 Owner: Keith D. Kern Location: Northwest corner of Martin Luther King, -ir. Boulevard and Railroad Avenue Description: Request Conditional Use approval for a primary/secondary Charter School B. Project: Mixed Use Core Addition Land Use Amendment (LUAR 03-008) Agent: City of Boynton Beach Location: Area bounded by NE 4m Avenue on the north, NE 2"d Avenue on the south, the Intracoastal Waterway on the east and the parcel fronting North Federal Highway on the west Description: Request to reclassify multiple properties totaling _+15.036 acres from Mixed Use (MX) to Mixed Use-Core (MX-C), retaining the existing Conservation Overlay C. Project: Bermuda Bay (ANEX 03-002) Agent: Michael .1. Corelli, Caulfield & Wheeler, ]:nc. Owner: National Land Company, ]:nc. Location: East of ]:-95, north of Lake ]:da Road and south of Diane Drive Description: Request to annex 17.12 acres of unincorporated land to be concurrently reclassified and rezoned for 17 single-family homes D. Project: Bermuda Bay (LUAR 03-007) Agent: Michael .1. Corelli, Caulfield & Wheeler, ]:nc. Owner: National Land Company, ]:nc. Location: East of ]:-95, north of Lake ]:da Road and south of Diane Ddve Description: Request to amend the Comprehensive Plan Future Land Use Map to reclassify 17.12 acres from MR-5 Residential (Palm Beach County) to Low Density Residential (4.84 du/ac) E. Project: Bermuda Bay (LUAR 03-007) Agent: Michael .1. Covelli, Caulfield & Wheeler, ]:nc. Owner: National Land Company, ]:nc. Location: East of ]:-95, north of Lake ]:da Road and south of Diane Drive Description: Request to rezone :[7.12 acres from CG-General Commercial, AR- Agricultural Residential, RS-Residential (Palm Beach County) to R:t-AAB Single Family Residential F. Project: Anderson PUD (LUAR 03-006) Agent: .1ulian Bryan & Associates, ]~nc. Owner: D.R. Horton Homes Location: West side of Lawrence Road, approximately 1,500 feet south of Hypoluxo Road Description: Request to amend the Comprehensive Plan Future Land Use Map to reclassify 18.32 acres from Agriculture (A) to Low Density Residential ('k84 du/ac) 5 Agenda Regular City Commission Meeting Boynton Beach, Florida 3anuary 6, 2004 G. Project: Anderson PUD (LUAR 03-006) Agent: Julian Bryan & Associates, Inc. Owner: D.R. Horton Homes Location: West side of Lawrence Road, approximately 1,500 feet south of Hypoluxo Road Description: Request to rezone 18.32 acres from AG-Agriculture to PUD- Planned Unit Development (Proposed use is for 88 single-family detached residences) H. Project: Urban Central Business District (CPTA 04-001) Text Amendments to Comprehensive Plan Agent: City-]~nitiated Description: Request to amend the Comprehensive Plan to add 1 objective and 3 policies to the Future Land Use Element of the Comprehensive Plan, to add development thresholds applicable to the Urban Central District ZX. cTrY f4ANAGER'S REPORT: A. Report on Capital Improvement Workshop of December 19, 2003 X. FUTURE AGENDA l'rEf4S: A Strategic Planning Session (.lanuary 200~) B. Workshop Regarding Cemetery Options and Proposal by Cemetery Board to Expand Cemetery West into Little League Park (February 200~,) C. Additional Property Tax Assessment Exemption for Income Eligible Senior Citizens per FSS 196.075 (May 2004) D. Proposed Ordinance regarding granting to Florida Power & Light Company an electric franchise agreement for the period of thirty years from the date of acceptance (TBA) E. Workshop regarding City Hall/Public Safety Space Needs Report (TBA) F. Proposed Lease Agreement with Boynton Woman's Club ('rBA) NEW BUS:ZNESS: None 6 Agenda Regular City Commission MeeUng Boynton Beach, Florida January 6, 2004 XII. LEGAL: A. Ordinances -- 2nd Reading -PUBL[C HEARING 1. Proposed Ordinance No. 03-066 Re: Abandonment of a 15-foot wide alley within the Lake Addition to Boynton subdivision (Mangrove Walk Alley) 2. Proposed Ordinance No. 03-067 Re: Designation of an official Municipal Seal B. Ordinances - 1~ Reading 1. Proposed Ordinance No, 04-001 Re: Abandonment of a segment of a 5-foot east/west alley (right-of-way) extending west from Railroad Avenue (Boynton Delray Academy) C. Resolutions: None D. Other: 1. City Attorney request for closed door: City of Boynton Beach, Petitioner, vs. Frank Janots, et. al, Respondents 2. Private meeting to discuss: a. City of Boynton 8each vs. Barcelona Pre-Cast, Inc. etc. - Case No. CA 02-13558 AN b. Vincent Molle & Alene Molle vs. City of Boynton [leach & FDOT - Case No. CA 01-07267 c. Boynton Beach Alliance and Desiderio Corporation, etc. vs. City of Boynton Beach - Case No. CA 02-0170,l AN XETI. UNFINISHED BUSINESS: None 7 Agenda Regular City Commission Heeting Boynton Beach, Florida 3anuary 6, 2004 XZV. AD3OURNMENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE ClrTy COMMISSION WITH RESPECT TO ANY MA'I-I'ER CONSIDERED AT THIS MEETING~ HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND~ FOR SUCH PURPOSE~ HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE~ WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDMDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND EI~OY THE BENEFITS OF A SERVICE~. PROGRAHt OR ACT]Vi'P/CONDUCTED BY THE CITY. PLEASE CONTACT .]OYCE COSTELLO, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAH OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOI"'IHODATE YOUR REQUEST. bg Ft'NAL AGENDA- 1/2/2004 12:15 PM S:\CC\WP~CCAGENDA~,GENDAS\YEAR 2004\010604 FINAL AGENDA.DOC 8 I[I.-ANNOUNCEIqENTS & PRESENTAT/ONS Item C.2 CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FOR Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1, 2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unf'mished Business RECOMMENDATION: Present awards to winners of the 4th Annual Holiday Decorating with Lights Contest. EXPLANATION: A Citywide program to promote community spirit and to recognize those homeowners and businesses that contribute to community spirit through holiday decorations. Homes I st Place Mark Scozzafava, 815 Chapel Hill Blvd. ~ --<o 2na Place Trento Abbruciati, 1082 NW 6th Ave. 3ra Place Lisa Ports, 1225 NW 8m St. ~ f-riO Honorable Mention Patricia Washington, 1971 NW 1st St. Businesses 1 st Place Historic Andrews House, 306 SE 1 st Ave. ~ ~,~ 2nd Place Hudson Realty of the Palm Beaches, Inc., 300 S. Federal Hwy. 3~ Place The Dolphin Restaurant and Lounge, 115 S. Federal Hwy. Community Association l't Place Colonial Club Condominium Association Section 2, 26 Colonial Club Dr. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: To not present the awards ~/'~ ~~ - v Cit~ Mana~ger's Signature Public Affairs Department Name City Attorney / Finance / Human Resources S:~BULLETIN~ORMSL&GENDA ITEM REQUEST FORM.DOC ~'1~I.-ANNOUNCEHENTS & PRESENTATt'ONS CITY OF BOYNTON BEACItem c.3 AGENDA ITEM REQUEST FC Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1, 2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1,2004 (Noon) [] Administrative [] Legal ,',~ ...~-< NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business ~ r'rt RECOMMENDATION: Acknowledgment of donation of $39,908 by the employees of the City of BoyhfSn to the American Heart Association via the 2003 American Heart Walk, November 1, 2003. EXPLANATION: The City of Boynton Beach has participated in the American Heart Association's Heartwalk for many years. In 2003, the City team was the Number 1 Team in the Palm Beach and Treasure Coast Heartwalk. There were three walks conducted on November 1 st by the American Heart Association. The City of Boynton Beach participated in the walk held at the campus of FAU in Boca Raton. In addition several employees and depamnent teams were recognized by the American Heart Association as being among the top five individual and department teams as follows: Individual Contributions: Terry Corcoran, Police Department $7,221 #1 of all individual Marshall Gage, Police Department $4,130 g4 of all individuals Department Teams: Police Department Roadrunners $8,935 #2 of all department teams Boynton Police Heartthrobs $7,221 #4 of all department teams Fire-Rescue $5,964 Glenda Hall $3,489 Code Compliance $3,364 The City team had a combined total contribution of $39.908 and fielded a total of 123 walkers on November 1, 2003. Special thanks and acknowledgement goes to Joyce Costello of the City Manager's Office for being the City's team manager and coordinator. Her leadership and the direct involvement of the City Manager were important elements in the success of Boynton Beach in 2003. PROGRAM IMPACT: The contributions from the City team and other participants totaled $649,781 '. The funds are used by the American Heart Association for research to combat heart disease and strokes. FISCAL IMPACT: The cost of"in kind" logistical support. The estimated cost of this logistical support to the American Heart Association was $7,600. Staff time for non-public safety personnel at the Heartwalk (radio network personnel) was donated by the City employees. ALTERNATIVES: Do not participate in this event. S :~BULLETINLFORMS~AGENDA ITEM REQUEST FORM.DOC O CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Department Head's Signature City Manager's Signature Department Name City Attorney / Finance / Human Resources S:'d3ULLET1N~ORMS~AGENDA ITEM REQUEST FORM.DOC VI.-CONSENT AGENDA CITY OF BOYNTON BEACI ITEM B. 1 AGENDA ITEM REQUEST FOlx ,. Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meetine Dates in to City Clerk's Office [] December2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 Ja/~uary 19, 2004 (Noon) [] December 16, 2003 December 1, 2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business :~:' ''~ AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing :~c::~ [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to approve piggyback of Village of Tequesta Bid for Water Met Replacement Program with Line-Tec to complete the replacement of water meters with touch r~:: meters with an estimated expenditure of $200,000.00 over two (2) years EXPLANATION: The City has over 32,139 water meters installed. These meters are replaced constantly on a ten-year cycle. Additionally, in 1998 the City started modifying the meters so that they can be read automatically with hand-held scanners and drive by radio receivers. To date we have converted 7,623 to touch read, and 16,096 to radio read. This leaves 8,420 meters to change out, plus new accounts to add. We have performed this change-out in house, and, after five years in a ten-year program, we are approximately 73 % completed. We would like to expedite this success and further reduce costs by contracting the change out of the %" meters. The Tequesta bid amount is $18.50 per % inch meter. Typically, it takes our crew of two people with a pick-up truck 40 - 45 minutes per meter so that if this work is done at straight time, we are very competitive. But, it will take us four to five years to complete the migration. By awarding this contract, .we will be fully automated in less than two years. Our staff would continue to change out meters larger than 3A inch, and our staff will continue the installation of radio transmitters on all units. Our goal is to expedite and complete the meter change out program and to have all meters within our utilities system either touch or radio read. This program will: 1. Allow reduction of staff and city vehicles. 2. Reduce misreads. 3. Reduce risk of injuries. 4. Increase revenues by replacing worn out meters. S:~BULLETIN~FORMSLa~GENDA lTEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PROGRAM IMPACT: The meter replacement program is currently scheduled over the next four to five years. We can accomplish this in less than two years by approving this bid. This program will improve overall customer service by increasing speed and accuracy and provide more time to check on high consumptions. FISCAL IMPACT: The cost is estimated at $200,000.00 over a two-year period. The contractual labor cost in this bid for replacement of 3A inch meters is $18.50 per unit. Funds are available in Utilities account 401-5000-590-96-02 WTR 060 for this work. ALTERNATIVES: 1. Hire additional people to perform this work with City employees. 2. Perform this work on weekends at an overtime rate. 3. Continue reading manually; replace at slower rate 4. Write specs and bid ourselves. We recommend awarding this contract to supplement staff to con}plete this project in less than two (2) Department Head'~JSignature ~ '~' ~2'ity Manager's Signature Utilities Department Department Name City Attorney / Finance / Human Resources Copy of original bid documents from Village of Tequesta is on file in the Office of the City Clerk - too X¢: B0bKcny0n voluminous to copy. Dale Sugerman Barb Conboy S:~BULLETINWORMSX, AGENDA ITEM REQUEST FORM.DOC Meters to be Cycle Total Meters Replaced 4 2339 1282 5 2005 1288 6 1672 679 7 2473 450 8 2019 768 9 1354 485 11 2054 519 12 2278 895 15 1895 1025 16 2269 550 Total: 7941 V '.-CONSENT AGENDA ITEM B.2 CITY OF BOYNTON BEAC} AGENDA ITEM REQUEST FOil,. Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1, 2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January20,2004 January 5, 2004 (Noon) [] March 16,2004 March 1, 2004 (Noon) [] Adminish-ative [] Legal crt .,~..< NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation u:> -tn [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to approve the installation of two (2) 110 hp pumps at Master Lil~ Station 356 by W. Jackson and Sons Construction Company utilizing Broward County Bid #P Y 02 275 B 1, Emergency installation/repair services water/sewer systems in the amount of $36,548.00. EXPLANATION: As part of our planned replacement program, Commission authorized the purchase of two (2) 110 hp Flygt pumps from Ellis K. Phelps at the April 15, 2003, Commission meeting. Purchase Order g40468 was issued in the amount of $85,504.00, and the pumps have now been delivered. This current request for approval will allow for the demolition and removal of the existing pumps and pump bases. The contractor will form and pour new pump bases and install the new pump systems that have been delivered. PROGRAM IMPACT: This program is part of our continuing pump replacement plan of the six (6) master pump stations in the wastewater system. In this plan we replace at least two pumps each year that allows for a total replacement every nine to ten years. FISCAL IMPACT: Funds for the planned replacement are available in account ~401-5000-590-96-04, SWR091, Renewal and Replacement in the amount of $36,548.00. S:~BULLETIN'ff:ORMS',AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ALTERNATIVES: 1. Discontinue the planned replacement program that will eventually result in failure of critical equipment and increase possible wastewater spill situations. 2. Develop bid specifications and proceed with bid procedures to receive proposal for the required task. ~ Department Head's ~gnature City Manager's Signature Department Name City Attorney / Finance / Human Resources cc: Dale Sugerman Barb Conboy Mark Law Jim Hart S:~BULLETIN~FORMS~GENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R- 04 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE "PIGGY-BACK" BID OF BROWARD COUNTY, FLORIDA BID #PY02275B1, WITH W. JACKSON AND SONS CONSTRUCTION COMPANY, FOR THE EMERGENCY INSTALLATION/REPAIR SERVICES FOR WATER AND SEWER SYSTEMS IN THE AMOUNT OF $36,548.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it is the City's desire to enter into an agreement with W. Jackson Sons Construction Company for the installation of two (2) 110 hp pumps at Master Station 356, utilizing Broward County Bid #PY02275B1; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION THE CITY OF BOYNTON BEACH, FLOR/DA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, approves the "piggyback" of Broward County, Florida to W. Jackson & Sons an Company, for the installation of two (2) 110 hp pumps at Master Lift 356. Section 2. The City Manager is hereby authorized and directed to execute said between the City of Boynton Beach and W. Jackson & Sons Construction said Agreement being attached hereto as Exhibit "A". Section 3. That this Resolution shall become effective immediately. ;:\CA\RESO~Agreements\Bid Awards~Piggy-Back Broward County - W.Jackson Construction.doc PASSED AND ADOPTED this __ day of January, 2004. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ~TTEST: 2ity Clerk Corporate Seal) ;:\CA~RESO'~Agreemenls\Bid Awards\Piggy-Back Broward County - W.Jackson Construction.doc CITY OF BOYNTON BEACH, FLORIDA CONTRACT FOR CONSTRUCTION SERVICES BID TITLE: EMERGENCY INSTALLATION AND REPAIR SERVICE FOR WATER AND SEWER SYSTEMS BID NUMBER: PY02275B1 THIS CONTRACT, made and entered into this 6th day of January 2004, by and between the CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter called the "CITY" or "OWNER" and W. JACKSON & SONS CONSTRUCTION COMPANY a Florida Corporation ~ Check One a Florida General Partnership ( ) a Florida Limited Partnership ( ) a Sole Proprietor ( ) hereinafter called "CONTRACTOR". WITNESSETH: WHEREAS, the CITY desires to enter into this Agreement with CONTRACTOR in order to provide for the installation of two (2) 110 hp pumps at Master Lift Station 356 (the "Project"); and WHEREAS, the CITY and CONTRACTOR hereby acknowledge that CONTRACTOR shall perform the services required pursuant to this Agreement in accordance with the cost proposal attached hereto as Exhibit "A". WItERE~S, the CONTRACTOR previously submitted a bid to Broward County, Florida for the provision of Emergency Installation and Repair Service for Water and Sewer Systems, a copy of such bid is attached hereto as Exhibit "B", and is incorporated herein by reference, and the CITY desires to "piggy-back" this Agreement on the Broward County bid, in order to provide for the performance of the Project. NOW, THEREFORE, in consideration of these premises and the mutual conditions and covenants contained herein, the parties agree as follows: 1. SCOPE OF SERVICES 1.1. The Parties agree that: 1.1.1. The foregoing "Whereas" clauses are true and correct, and incorporated herein by this reference. 1.1.2. The CITY does hire and employ the CONTRACTOR to provide construction services for completion of the Project as described herein. 1.1.3. The CONTRACTOR does accept this Contract and does agree to furnish the necessary labor, tools, equipment, materials and supplies, etc., and to complete the Project by performing all the work as set forth in the this Contract for the price and amounts set forth in CONTRACTOR's cost proposal of $36,548.00, which is attached hereto as Exhibit "A", and incorporated herein by reference, and in conformance with the bid submitted to the Broward County Purchasing Department on or about February 18, 2003, which is attached hereto as Exhibit "B", and incorporated herein by reference. 1.1.4. Unless otherwise provided, all time frames referenced shall be calendar days. 2. DESCRIPTION OF PROJECT 2.1 The Project consists of the installation of two (2) 110 hp pumps at Master Lift Station #356 at a cost of $36,548.00. Installation will include the demolition and removal of the existing pumps and pump bases, and the CONTRACTOR will form and pour new pump bases and install the new pump systems. 3. OBLIGATIONS OF CONTRACTOR 3.1. CONTRACTOR shall: 3.1.1. Furnish all materials, supplies, machines, equipment, tools, superintendents, labor, insurance, and other accessories and services necessary to complete said project in accordance with the conditions and prices as stated in the CONTRACTOR's cost proposal provided to the CITY, which is attached hereto as Exhibit "A". 3.1.2. Perform all the work and labor pursuant to this contract. All materials furnished by CONTRACTOR shall also be in strict conformity with the provisions of the Broward County bid, which is attached hereto as Exhibit "B". 3.1.3. Furnish all tools, equipment, materials and supplies and to do all the work associated with the Project in a first-class, substantial and workmanlike manner. 3.1.4. Guarantee all work and materials for a period of one (1) year from the date of final acceptance by the CITY. Upon receipt of written notification from the CITY, CONTRACTOR shall correct any defective or faulty work or materials which may appear within one (1) year after completion of the Contract and receipt of final payment. CONTRACTOR shall make the necessary corrections within ten (10) days of receipt of the written notice. 3.1.5. Comply with the provisions of Section 255.05, Florida Statutes, if applicable. Pay promptly, before final settlement, any and all claims or liens by subcontractors or 2 material suppliers, incurred in and about this work. Fumish release of liens forms from all subcontractors and suppliers of materials. Release of lien forms to be utilized shall be suppliedby CITY. 3.1.6. Remove and clean up all rubbish, debris, excess material, tools and equipment from streets, alleys, parkways and adjacent property that may have been used or worked on by the CONTRACTOR in connection with the Project. 3.1.7. Observe and comply with the provisions of the charter, ordinances, codes and regulations of the City of Boynton Beach, Florida. 3.1.8. Obtain written approval from the CITY of all subcontractors. 3.1.9. Shall provide all required bonds, insurance certificates and any other required security for performance of the Project within ten (10) days of the Award of this Project. 3.1.10. For purposes of this Contract, CONTRACTOR is an independent contractor. 3.2 The CONTRACTOR will be held responsible for the care, protection and condition of all work until final completion and acceptance thereof, and will be required to make good at his own cost any damage or injury occurring from any cause resulting from their acts or omissions or the acts or omissions of their subcontracts or suppliers. 4. CITY'S OBLIGATIONS 4.1. CITY shall provide CONTRACTOR a written "Notice to Proceed" not later than ten (10) days from the execution of this Contract. 4.2. Make timely payments for the work completed and approved by the CITY. 4.3. On satisfactory completion of the Project, provide a written final acceptance and payment for the entire project. - 5. COMMENCEMENT OF WORK 5.1. CONTRACTOR hereby agrees to commence work trader this contract on or before a date to be specified in the written "Notice to Proceed" provided to CONTRACTOR by CITY, and to fully complete the project within ~ calendar days following the commencement date as specified in the "Notice to Proceed". 5.2. Time is of the essence of the contract. In the event the CONTRACTOR shall fail to timely commence the work associated with the Project following "Notice to Proceed" or fail in the performance of the work specified and required to be performed within the time limit set forth in the contract, after due allowance for any extension or extensions of time. The CONTRACTOR shall be liable to the CITY, as liquidated damages and not as penalty, the amount stipulated in Section 6.0 herein below for each and every calendar day that the CONTRACTOR shall be in default of completion. 5.3 CONTRACTOR shall notify the CITY in writing of any change in the names and addresses of each subcontractor proposed for principal parts of work associated with the Project. 6. LIQUIDATED DAMAGES 6.1. The CONTRACTOR further agrees to pay $ per day as liquidated damages, for failure to begin within ten (10) days of CITY's issuance of the "Notice to Proceed" or failure to complete the work within calendar days from the commencement date as indicated in the written "Notice to Proceed". The CITY shall have the right to deduct said liquidated damages from any amount due, or that may become due the CONTRACTOR, or to collect such liquidated damages from the CONTRACTOR or his Surety. 7. PROTECTION OF EXISTING FACILITIES AND WORK IN PROGRESS 7.1. The CONTRACTOR warrants that prices contained in both the cost proposal and the bid submitted to Broward County include the protection and continuous use of all existing work in process, property or operations of the CITY. 8. INDEMNIFICATION 8.1. The CONTRACTOR shall indemnify, defend, and save harmless the CITY, its agents, servants, and employees from and against any claim, demand, or cause of action of whatsoever kind or nature arising out of error, omission or negligent act of CONTRACTOR, its agents, servants, or employees in the performance of services under this Agreement. 8.2. CONTRACTOR shall indemnify, defend, and save harmless CITY, its agents, servants and employees from and against any kind and all causes, claims, demands, actions, losses, liabilities, settlements, judgments, damages, costs, expenses, and fees (including without limitation reasonable attomey's and paralegal expenses at both the trial and appellate levels) of whatsoever kind or nature for damages to persons or property caused in whole or in part by any act, omission, or default of the CITY, its agents, servants or employees arising from this contract or its performance. The CONTRACTOR and the CITY hereby agree and covenant that the CONTRACTOR has incorporated in the original cost proposal, which constitutes the Contract sum payable by the CITY to the CONTRACTOR, specific additional consideration in the amount of ten dollars ($10.00) sufficient to support this obligation of indemnification provided for in this paragraph. The indemnification required pursuant to the Contract shall in no event be less than $1 million per occurrence or no more than the limits of insurance required of the CONTRACTOR by the Contract, whichever is greater. It is the CITY'S and CONTRACTOR'S full intention that this provision shall be enforceable and said provision shall be in compliance with Section 725.06, Florida Statute. 8.3. The execution of this Agreement by the CONTRACTOR shall obligate CONTRACTOR to comply with the foregoing indemnification provision, as well as the insurance provisions which are set forth in Section 12 of this Contract. However, the 4 indemnification provision, and the insurance provision are not interdependent of each other, but rather each one is separate and distinct from the other. 8.4. The obligation of the CONTRACTOR to indemnify the CITY is not subject to any offset, limitation or defense as a result of any insurance proceeds available to either the CITY or the CONTRACTOR. 9. PAYMENT BY CITY 9.1 The CITY agrees to pay the CONTRACTOR in current funds for the performance of the contract, subject to any additions and deductions required to complete the Project. 10. CHANGES IN THE WORK 10.1 The CITY, without invalidating the Contract, may order extra work or make changes by altering, adding to or deducting from the work, the Contract sum being adjusted accordingly. All such work shall be executed under the conditions of the original Contract. Any claim for extension of time caused thereby shall be made in writing at the time such change is ordered. 10.2 All change orders and adjustments shall be in writing and approved by the CITY, otherwise, no claim for extras will be allowed. 10.2 Claim of payment for extra work shall be submitted by the CONTRACTOR upon certified statement supported by receipted bills. Such statements shall be submitted for the current contract payment for the month in which the work was done. No claim for extra work shall be allowed unless same was ordered, in writing, as aforesaid and the claim presented at the time of the first estimate after the work is completed. 11. INSURANCE 11.1 The CONTRACTOR shall obtain and maintain insurance as set forth in Exhibit "C", naming the City of Boynton Beach as an additional insured. A certificate of insurance evidencing such coverage shall be provided to the CITY prior to commencement of any work associated with the Project. 12. CONTRACT CONTROLs 12. ! In the event of a conflict between the requirements or specifications set forth in this Contract and the performance of CONTRACTOR's obligations pursuant to this Contract, the conflict shall be resolved by written interpretation by the CITY. 13. TIME OF ESSENCE 13.1 Inasmuch as the provisions of this Contract relating to the times of performance and completion of the Project are for the purpose of enabling the CITY to complete the construction of a public improvement in accordance with a predetermined program, all such time limits are of the essence &the Contract. 14. REMEDY FOR DELAY 14.1 In the event of any delay in the Project caused by any act or omission of the CITY, its agents or employees, by the act or omission of any other party other than the CONTRACTOR, his agents, employees or subcontractors, or delay caused by weather conditions or unavailability of materials, the sole remedy available to CONTRACTOR shall be by extension of the time allocated to complete the project. 14.2 NO MONETARY DAMAGES SHALL BE CLAIMED OR AWARDED TO CONTRACTOR IN ASSOCIATION WITH ANY DELAY IN THE PROJECT CAUSED BY AN ACT OR OMISSION OF THE CITY, ITS AGENTS OR EMPLOYEES. CONTRACTOR ACKNOWLEDGES THIS LIMITATION ON RECOVERY AND ASSUMES ALL MONETARY RISK ASSOCIATED WITH THIS LIMITATION. 14.3 Failure on the part of CONTRACTOR to timely process a request for an extension of time to complete the work shall constitute a waiver by CONTRACTOR and CONTRACTOR shall be held responsible for completing the work within the time allocated by this contract. 14.4 All requests for extension of time to complete the work shall be made in writing to the CITY. 14.5 For the purpose of this section, the phrase "the CITY, its agents and employees" shall include but shall not be limited to the Project Engineer and Project Manager. 15. DISPUTES 15.1 Disputes shall be resolved through good faith efforts upon the part of the CONTRACTOR and the CITY, or its representatives. At all times, CONTRACTOR shall carry on the work and maintain his progress schedule in accordance with the requirements of the Contract and the determination of the CITY, or its representatives, pending resolution of any dispute. The CITY, or its representatives, who shall reduce such decision to writing shall decide any dispute that is not disposed of by mutual agreement. The decision of the CITY, or its representatives shall be final and conclusive. IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its City Manager, attested to by the City Clerk with the Corporate Seal of the said CITY and the CONTRACTOR has executed these presence the day and year herein before written. Signed, sealed and witnessed CITY OF BOYNTON BEACH, FLORIDA in the presence of: Kurt Bressner, City Manager Attest: Approved as to Form: City Clerk City Attorney Signed, sealed and witnessed W. Jackson & Sons Construction Company in the presence off President or Vice President Attest as to CONTRACTOR State of Florida ) ) SS: County of Palm Beach ) On this ~ day of ,20 , personally appeared before me, duly authorized to administer oaths, known to be the persons described herein or who has produced as identification and who executed the foregoing instrument and has acknowledged before me that they have executed same. Notary Public My CommissiOn Expires: \~JGCDE_FSkLIBRARY~1990L000182.BB~kGMT~Contract for Pump Installation l.doc Dec OS 03 O1:24p TRIO DEVELOPMENT 854 871 0030 p.2 COUN p~R~ING DIV~ION ~y q 3, 2003 W. Ja~ & S~s C~st~ion C~pany 1~8 NW 2~ St~t p~ ~ FL 33~ A~ention: ~am A Ja~son, Se~./Treasurer Reference: Bid # P Y 02 27'5 B1 for Emergency Install:/Repair Services Water/Sewer Systems Dear Mr. Jackson: This is to cor~finn that Board of County Commissioners at its meeting held on April 29, 2001 under Agenda Item No. 15 accepted your Bid on the above-referenced solicitation. A Bid tabulation of all Bids received is enclosed, with items(s) awarded to your finn as noted. The Contract is in effect for the period beginning May 9, 2003 and ending May 8, 2004. Purchase Order(s) will be placed as and when required. A copy of this Notice, with a copy of your Bid, including all ten'ns and conditions, is being forwarded to all Using Agencies. Thank you for your interest in doing business with Broward County. Sincerely, GLENN R. CUMMINGS, CPPO, Director of Purchasing Purchasing Divis,.s. Lofl Ann Potter, CPPB, Purchasing Agent II Construction Specialist cc: Office_of EI3vimnme~tal ServiceS. Aritho.ny Livlo Using Ager~y GRC:spg TOTAL P. BI Dec 06 03 01:24p TRIO DEVELOPMEMT 854 871 0030 p.1 LETTER OF TRANSMITTAL DEVELOPMENT 1701 N.W. 22nd Court CORPORATION Pompano Beach, Rorida 33069 - Phone (954) 971-2288 Fax (954) 971~030 CITY OF BOYNTON BEACfl DATE: ~ember ~24 E~ Woolbright Road ~yn~n B~ch, FL 3~25 A~N: Mr. Tony Lomba~i RE: Bmwa~ Coun~ Con~ WE ~E SE~G YOU T~ ~L~W~G ~: ~er ~Subml~ls co~s ~a~ ~o. ~P~o~ 1 121~/o3 Con~ Awa~ Le~er THESE ARE TRANSMITTED a~ checked below: For approval !Approved as submitted Resubmit__ copies for approval '" For your use i Approved as noted Submit __ copies for distribution X As requested Returned for corrections i Return corrected prints For revie~ and comment Other: R~um __ set~ for I~oduct-ion FOR B[DS DUEi ! Prints returned after loan to us R~HARI~: ' ' OYNTONB CH; OF' .FLORIDA PROOUREMENT 8ERVlOE8 100 ~ST BOYNTON B~CH BOULEVARD P.O. BoX'~IO ' BOYNTON BEAOH, FLORIDA 3~25-~10 ': ~QUISITION NO. ~ 6 G q ~ ORDERIN6 DEPARTMENT U 'r ~ L E T ?' ~ D ~ ~ N ,TE WANTED B I ~ BID NO. ~COMMISSION APPROVED CCOUHT HO, ~ ~ ,~ . ,,~ . ORIDA STATE SALES T~ EXEMPTION IM~RTANT INSTRUCTIONS 1. RENDER SEPARATE INVOICE FOR ORDER OR FOR EACH SHIPMENT THEREON CERTIFICATE NO. 60-04-116~1-54C OUR PURCHASE ORDER NUMBER MUST APP~R ON IMMEDIATELY FOLLOWING SHIPMENT. ALL PAC~GES, TICK~S, INVOICES, STATEMENTS, 2. PREPAID FREIGHT CHARGEABLE TO ~E CI~ OF BOYNTON BEACH IS ~EMPT FROM AND CORRESPONDENCE. DERAL EXCISE T~ES: ~ERE TAX APPLIES THE CITY OF BOYNTON BEACH MUST BE tOICE MUST SHOW GROSS PR~E. AM~NT OF M~L I~OICES TO: SUPPORTED BY CARRIER'S RECEIPT. ~E DEPAR~ E TAX, N~ PRICE. EXEMPTION CERTIFICATE 1~E. BOY~ONB~CH~VD.P.O. BOX310 3. INVOICES AND STATEMENTS SUBJECT LL BE FURNISHED UPON REQUEST. BOY~ BEACH, ~ 2~2~210 TO CASH DISCOUNT SPECIFIED HEREON. · LETTER OF TRANSMITTAL DEVELOPMENT 1701 N.W. 22nd Court CORPORATION Pompano Beach, Florida 33069 Phone (954) 971-2288 Fax {954) 971-0030 CITY OF BOYNTON BEACH Date: OCTOBER 15, 2003 124 EAST WOOLBRIGHT ROAD BOYNTON BEACH, FL 33425 Attn: MIL TONY LOMBARDI Re: PUMP STATION # 356 WE ARE SENDING YOU THE FOLLOWING ITEMS: Change Order Plans Shop ~Drawings Contract Prints ,, Sketches Estimates Samples Specifications Othe~ ~ X Via'FAx (561)'742-6298 .. -~ Photographs ' . . ' COPIES DATE NO. DESCRIPTION COPY oF BROWARO COUNTY. Bm/cONTRACT # r_Y_0~-275_Bl 1 SCOPE OF WORK, PUMP STATION.# 356 I COST ESTIMATE? PUMP sTATIoN # 356, 2 PAGES THESE ARE TRANSMITTED as checked below: For Approval ' Appr°ved As Submitted Resubmit Copies For Approval X For Your use . ,Approved As Noted Submit 'Copies For Distribution As Requested Returned For COrrections Return Corrected Pt inks For Review And Comment Other:' Return Two .Sets For Production ' FOR BIDS DUE: Prints Returned After Loan To Us :.S: -- ~: File ] [SIGNED: Larry Shortz~ BOYNTON BEACH LIFT STATION # 356 SCOPE OF WORK 1. Install two (2) 110HP Flygt Pumps 2. ,Connect to existing suction and discharge Valves; fabricate fitting(s) as required. 3. Remove and, reconstruct, as required,-concrete pump bases. Furnished by City: 1. Pumps and stands. 2. Electrical hook-ups. Furnished by Contractor: 1. Fabricated Fittings. 2. ConCrete and concrete pumper. 3. Imbedded items. 4. Flanged reducers and isolation couplings. W~r JAcKSoN & SONS'CONSTRUCTION CO~ 1888 N.W. 21st S_~'eet, Pompano Beach, Florida 33069 · Broward (954) 973-3060 / 24 Hour Emergency '(954) 973-3405 / Fax (954) -960-1679 BOYNTON BEACH LIFT STATION # 356 Su.bcOntract Items Welding Fabrications $ 3,300.00 Concrete Pumper 300.00 Total Subcontract $' 3,600.00 Materials Flanged reducers and isolation couplings $ .5,008.00 Flanges, steel pipe end bends 1,500.00 Embedded items 820.00 MisCellaneous and paint 2,420.00 Total Materials $ 9,748.00 W. JACKSON & SONS CONSTRUCTION CO. 1888 N.W. 21 st street, Pompano Beach, Florida 33069 · Broward (954) 973-3060 / 24 Hour Emergency (954) 973-3405 ! Fax (954) 960-1679 V]'.-CONSENT AGENDA ITEM B.3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR ,. Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) CA) [] December 16, 2003 December 1, 2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) ~-'~ [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) 2r~, [] January20,2004 January 5, 2004 (Noon) [] March 16,2004 March 1,2004(Noon) ~ [] Administrative [] Legal crl NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent A, genda [] Public Hearing [] Code compliance/Legal Settlements [] Un£mished Business RECOMMENDATION: A motion to "piggy-back" the MIAMI-DADE COUNTY, BID //6819-2/06 to ELLIS K. PHELPS & COMPANY for the PURCHASE OF SUBMERSIBLE PUMPS at an estimated annual expenditure of $150,000.00. EXPLANATION: On December 12, 2003 Procurement Services received a written request from Warehouse Division (copy attached) to utilize the Miami-Dade County, Bid #6819-2/06 to Ellis K. Phelps & Company for the purpose of purchasing submersible pumps. Utilities Department Staff have reviewed and approved the use of this bid for the purchase of the submersible pumps. Based on provisions within Section 2.4 of the Miami-Dade County bid documents the contract period for the bid award is 01/01/02 through 12/31/04 with an added provision in Section 2.5 allowing the option to renew the bid for an additional two (2) years consecutively. PROGRAM IMPACT: The Utilities Department has two on-going programs, annual replacement of submersible pumps and conversion of can stations to submersible pumps. The pump replacements are on a ten (10) year change out due to life cycle costs and maintenance design. FISCAL IMPACT: The annual costs for estimated expenditures will be provided from the following allocations: Account Description Account Number Allocation CIP R&R Sewer 401-5000-590-96-04 $125,000.00 Equipment Parts/Supplies 401-2816-536-52-75 25,000.00 ALTERNATIVES: Delay the conversion program which is a design change f~'om dual wells, one dry and one wet, to one wet well where the pumps are submersed. Deputy Director of Financial Services City Manager's Signature Procurement Services Department Name City Attorney / Finance / Human Resources SSBULLET1N~ORMSLa, GENDA ITEM REQUEST FORM.DOC cc: Dominic DeMauro - Warehouse Manager File The City of Boynton Beach Finance Department WAREHOUSE DIVISION TO: Bill Atkins, Deputy Director of Financial Services FROM: Dominic DeMauro, Warehouse Manager DATE: December 11, 2003 SUBJECT: E.K. Phelps Submersible Pumps Enclosed is a copy of the Miami-Dade County bid for submersible pumps. Mark Law and Barb Conboy have approved the bid for us to piggy-back for purchasing submersible pumps. Please go to commission for estimated expenditures of $150,000.00. The purchases will cover various pumps for all lift stations and Warehouse inventory, in addition to special orders for pumps that we do not stock. If you should have any questions, please feel free to contact me at 742-6324. CC: Diane Reese - Finance Director Barb Conboy - Manager of Utilities Administration Mark Law - Deputy Director of Utilities MANUFACTURER'S REPRESENTATIVE O WATER AND WASTE WATER TREATMENT EQUIPMENT 2003 PRICING MIAMI WASA BID #6819-2/06 MODEL IMPELLERS HP CABLE PRICE EA 4"CP-3085 434,436 3 40' $2,920 . 00 438,440 4"CP-3102 432,433 5 40' 3,644 . 00 435,441 4"CP-3127 483,484 10 40' 4,920 . 00 485 4"/6"CP-3127 432,433 10 40' 4,964.00 434,436 4"CP-3140 481 15 40' 6,602 . 00 6"CP-3140 436 15 40' 6,669.00 4"CP-3152 454 20 40' 8, 415.00 6"CP-3152 454,432 20 40' 8,415.00 434 4"CP-3170 464 30 40' 12,248 . 00 6"CP-3170 442,443 30 40' 12,828.00 6"CP-3201 '452,457 47 40' 16,042.00 · 460VOLT 458 6"CP-3201 454 29 ·40' 14,215.00 460VOLT 8"CP-3201 636,637 35 40' 15,244.00 460VOL T 638 8"CP-3300 454,461 88 40' 28,504.00 462,463 464,465 466 8"CP-3300 467,468 60 40' 24,260.00 2152 SPRINT RLVD. · APOPKA. FLORIDA 32703 ' 407-880-2900 ' FAX 407-880-2962 A P0 P K A O FT'. MYERS O WEST PALM BEACH O SAVAN N A H . Page 2 2003 PRICING MIAMI WASA BID ~ 6819-2/06 uP C~___L~ PRICE E~ IMPELLERS -- M__ODEL_ *12"CP-3300 636,642 75 40' $27,362 . 00 644 *12"CP-330'0 638,640 60 40' 24,218.00 646,648 NOTE: PUMP pRICE INCLUDES PUMP, 40' MOTOR CABLE NOTE: PRICES FOR 2004 4% HIGHER · HIGH VOLUME PUMP MANUFACTURER'S REPRESENTATIVE O WATER AND WASTE WATER TREATMENT EQU PM£NT .~.. .. ,..~,. . co,,^-~ 2003 PRICING MIAMI WASA BID #6819-2/06 HP CABLE PRICE EA MODEL IMPELLERS _ . 4"NP-3085 462,463 3 40' $2,920.00 4"NP-3102 462,463 5 40' 3,644 . 00 464,465 4"NP-3127 438,439 10 40' 4,964.00 487,488 4"/6"NP-3127 421,422 10 40' 4,964.00 4"NP-3127 489,422 7.5 40' 4,690.00 439 6"NP-3140 445,447 15 40' 6,639.00 6"NP-3152 4.42 23 40' 8,72 6.'00 6"NP-3152 443,445 20 40' 8,445.00 6"NP-3152 445 15 40' 7,905.00 4"NP-3153 452,453 18 40' 8,331.00 454,455 456,457 4"NP-3153 '456,457 15 40' 7,905.00 4"NP-3153 457 12 40' 7,735.00 6"NP-3153 432,433 18 40' 8,331 . 00 434,435 436 6"NP-3153 434,435 15 40' 7,905.00 436 6"NP-3153 435,436 12 40' 7,843.00 6"NP-3170 637,638 25 40' 12,621.00 639 2152 SPRINT BLVO. ° APOPKA, FLORIDA 32703 ° 407-880-2900 ° FAX 407-880-2962 APOP KA O FT' MYERS O WEST PALM REACH O S AVAN NAH . Page 2 2003 PRICING MIAMI WASA BID ~6819-2/06 HP CABLE_ PRICE EA IMPELLERS -- MODEL_ - 4"NP-3171 452,453 30 40' 12,451.00 454,455 4"NP-3171 455 25 40' 11,299.00 6"NP-3171 433,434 30 40' 12,686.00 435,436 437 6"NP-3171 435,436 25 40' 11,299.00 437 6"NP-3171 437 20 40' 10,332.00 8 ,,NP-3201 640,641 40 40' 15, 7 60.00 460VOLT 642,643 8,'NP-3201 641,642 35 40' 15,070.00 460VOLT 643 8"NP-3300 671,672 75 40' 26,722.00 673 8"NP-3300 673- .60 40' 23,622.00 *12"NP-3300 623,624 75 40' 27,067.00 *12"NP-3300 624 60 40' 23,968 . 00 NOTE: PUMP pRICE INCLUDES PUMP, 40' MOTOR C~BLE NOTE: PRICES FOR 2004 4% HIGHER · HIGH VOLUME PUMP VI.-CONSENT AGENDA ITEM C.1 CITY OF BOYNTON BEAC1 AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1,2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to approve and authorize signing of an Agreement for Water Service Outside the City Limits with Terence C. Rowe and Diena M. Neville for the property at 1093 Florence Road, Lantana, Florida {Lots 48 and 49, Hypoluxo Ridge). EXPLANATION: The parcel covered by this agreement includes a single-family home located in the San Castle project area. Only potable water is available for connection to the property at this time due to recent water main improvements constructed by the City of Boynton Beach as part of a water distribution 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 ~~E~RNAT~: Np~. This parcel is within the Utilities service . ~ area~~.~7 Department He~'s Signature City Manager's Signature UTILITIES Department Name City Attorney / Finance / Human Resources XC: Dale Sugerman (w/copy of attachments) Peter Mazzella " Michael Rumpf, Planning & Zoning. " File " S:X, BULLETINWORMS'~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R04- A RESOLUTION 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 TERENCE C. ROWE AND DIENA M. NEVILLE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the subject property is located outside of the City Limits, but within our and sewer service area, for the property located at 1093 Florence Road, Lantana, (Lots 48 and 49, Hypoluxo Ridge); and WHEREAS, the subject parcel is a single family home located in the San Castle ect area; and WHEREAS, City policy requires annexation of the property to be serviced at the practicable time, as a condition of the granting of water services outside its urisdictional limits; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as true and correct and are hereby made a specific part of this Resolution upon adoption Section 2. The City Manager is hereby authorized and directed to execute a Water ;ervice Agreement between the City of Boynton Beach, Florida and Terence C. Rowe and Neville, said Agreement being attached hereto as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. ;:\CAXRESO~Agreements\Water ServiceXRowe-Neville Water Service.doc PASSED AND ADOPTED this __ day of January, 2004. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner Clerk ;:\CAXRESOXAgreements\Water Service~Rowe-Neville Water Service.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 OUTSDE THE CITY LIMITS AND COVENANT FOR ANNEXATION ~ THIS~GREE~E, NT made on this ~ dayof be. e. be(,200 by and between /e.A'f0.lloe C ~We~ieno. ~ D~.0,[[e.. 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 serv/ce 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 fi.om 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 ar~ 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 conform~ce with all codes, roles and regulations applicable to the installation and maintenance ofwater 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 requiting 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 0fBoynton Beach. 5. Title to all mains, extensions and other facilities extended fi.om 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. Annexation is intended to be and is hereby made a covenant nmning 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, employe~es 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 including disputes for breach of warranty of title. 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. 13. The Customer warrants to the City that Customer holds legal and beneficial title to the property which is the subject of this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this ~ day of [5 ex na hex' ,200 . WITNESS: - ,// INDIVIDUAL(S) AS · Mtness Signatm-~-"~-~ (~vner S,j,l~atute tnes~'~_ Printed Owner Name Witness Signature Printed Witness Name 3 itness Signature ' Ownert~gnature ~N ~~.~ 0. Printed Owner Narne ~h~ss Signature ~ Printed Wimess 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 '~'erre,~.. C/~ow¢ aori 7)~e,~a, icl ~f~q, [k 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 know]a, to me or provided the following proof of identification: WITNESS my hand and official seal in the County and State last aforesaid this ff ~[ day of eea~m ~e~ ,200~ ~.%%~['~ ~ ~ N~'tary Public WITNESS: CITY OF BOYNTON BEACH, FLORIDA Mayor ATTEST: City,.,.C, lerk 4 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 wimesses 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 tree 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: City Attorney THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Joslas & Gomn, P.A. 3099 East Commercial Blvd. Suite 200 FL Lauderdale, FL 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) make, constitute, and appoint THE CI~ OF BOYNTON BEACH, FLORIDA, tree and la~ul a~omey in fact for Grantee and in Grantee's name, place and stead, for the sole pu~se of executing on behalf of Grantee the power to initiate, maintain, and complete a voluntaw petition for annexation of the real pmpe~ de~fibed hemin into the CI~ OF BOYNTON B~CH. This power shall e~end to the CI~ OF BOYNTON B~CH full a~ ~mplete a~hoHW to a~ on Grantee's behalf to ac~mplish annexation by any , available means. The mai pmpe~ whibh is the subje~ of this power is described as The powem and authofi~ of my a~omey, THE CI~OF BOYNTON B~CH, FLORIDA, shall ~mmence and be in full rome and effe~ on the ~ day of ~ ~e~~ 20~ and the powem and authoH~ shall be i~evocable by Grantee. ~ ,~ IN WITNESS WHEREOF, we have hereunto set our hands and seals the day of .~0_.~ _~'~_~..~ , in the year two thousand and Sealed and delivered in the presence of W~tn~ss~;ignature .... v w,,er Owner Sf~nature/~ Pri Witness N e ' - - ,- Printed Owner Name '~W~l~es s Signatur¥ ~- Printed Witness Name Owr{er Signature - .~~~i,trless Ni(l~ e~ ' Printed Owner Name W,i~ess S'gnature - Printed Witness Name STATE OF FLORIDA ) ) SS: cOuNTY OF PALM BEACH ) ...THE FOREGOING INSTRUMENT was acknowledged before me this ~ day I')~.~ /'1. /]/~,,llc , who are known fn rn~. or who have produced /4,~,,.~ '~ , as identification and who did/did not.take an oath. .~~ ~organne R. Barden ..?,~"' ~ ,,~.~,,~ Type or '-~.~ame' commissi°n NO. My Commission Expires: /.:/.,3o/,~-~'' POA.IND 1 in. = 250.0 feet L 00t0 ! ~070 I 5180 5170 0020 0010 i t 7010 HYP{'31 IlXO Rn HYP~I IJ~l(O RD o:, 014 1010 3070 0000 Road 00t0 0000 Palm Beach County Property Appraiser Property Search System Page 1 of 2 Gary R. Nikolits, CFA Palm Beach County Appraiser Public Access System Property Information Location Address: 1093 FLORENCE RD ~ lshow .ap..I Municipality: COUNTY OF PALM BEACH Parcel Control Number: 00-43-45-09-03-000-0480 Subdivision: HYPOLUXO RIDGE IN Official Records Book: 12709 Page: 1136 Sale Date: Jun-2001 Legal Description: HYPOLUXO RIDGE LTS 48 & 49 - Owner Information_- Owner~.. Name: ROWE TERRENCE C & Mailing Address: 1093 FLORENCE RD LANTANA FL 33462 5338 -2003 Certified Appraisal Improvement Value: $93,893 Number of Units: 1 Land Value: $19,200 Total Sq. Ft: 2468 Market Value: $113,093 Acres: .00 [ Land... Use Code: 0100 Description: SINGLE FAMILY -2003 Certified Tax Ad Valorem: $1,509.35 ~ ~aX Calculator~ Non ad valorem: $192.00 Total: $1,701.35 I Detail... I -2003 Certified Assessed & Taxable Values Assessed Value: $102,201 Exemption amount: $25,000 (2003 Exemption) Taxable: $77,201 2004 Exemption(s) Homestead Receipt~: 0142006 Exemption Address: Regular Homestead: $25,000 TOTAL: $25,000 [ Detail... Sales Information Sales Date Book Page Prj~_e Instrument Owner Jun-2001 12709 1136 $100,000 WD ROWE TERRENCE C & Jan-1975 02400 1639 $100 00 Jan-1966 01415 0000 $11,000 WE) Palm Beach County Property Appraiser Property Search System Page 1 of 1 Show Drawing / Map [ ~ ii Subareas for Building 1 .~ubarea So. Footag~ _Ar_r~ ~r~gn~ Effectiv~e Area Area Under Air AS BASE AREA 1,928 00 00 00 OP FINISHED OPEN PORCH 52 00 00 00 OP UNFINISHED OPEN PORCH 392 00 00 00 ST UNFINISHED STORAGE 96 00 O0 00 Total 2,468 Structural Elements for Building 1 EXTERIOR WALL-1 CB STUCCO EXTERIOR WALL-2 N/A ROOF STRUCTURE GABLE/HIP ROOF COVER ASPH/COMP. SHG.=I.00 INTERIOR WALL-1 PLYWOOD PNL.=I.00 INTERIOR WALL-2 DRYWALL FLOOR TYPE-1 TERRAZZO MONOLITHIC=.99 FLOOR TYPE-2 N/A YEAR BUILT 1958 EFECTIVE YEAR 1978 TOTAL ROOMS BED ROOMS 3 FULL BATH 2 HALF BATH 0 BLDG USE 0100 STORIES 1 [ Show Drawing/Map I Print Information Palm Beach County Property Appraiser Property Search System Page 1 of 2 Gary R. Nikolits, CFA Palm Beach County Appraiser Public Access System - Property Information Location Address: 1093 FLORENCE RD ~ I~how --aP..I Municipality: COUNTY OF PALM BEACH Parcel Control Number: 00-43-45-09-03-00043480 Subdivision: HYPOLUXO RIDGE IN Official Records Book: 12709 Page: 1136 Sale Date: Jun*2001 Legal Description: HYPOLUXO RIDGE LTS 48 & 49 Owner Information ! I Name: ROWE TERRENCE C & Mailing Address: 1093 FLORENCE RD LANTANA FL 33462 5338 JAil Owners.. 2003 Certified Appraisal Improvement Value: $93,893 Number of Units: I 1StrucllJIral'"i Land Value: $19,200 Total Sq. Ft: 2468 I Extra... Market Value: $113,093 Acres: .00 I IJnd... '1 Use Code: 0100 Description: SINGLE FAMILY - 2003 Certified Tax ri 1 Ad Valorem: $1,509.35 ~ pax Calculate I Non ad valorem: $192.00 Total: $1,701.35 ID'tail'" II 2003 Certified Assessed & Taxable Values I Assessed Value: $102,201 Exemption amount: $25,000 (2003 Exemption) Taxable: $77,201 -2004 Exemption(s) Homestead Receipt#: 0142006 Exemption Address: Regular Homestead: $25,000 TOTAL: $25,000 I Detail... Sales Information ', Sales Dale Book ~ price I_nstrumeott Owner Jun-2001 12709 1136 $100,000 WD ROWE TERRENCE C & Jan-1975 02400 1639 $100 00 Jan-1966 01415 0000 $11,000 WD Palm Beach County Property Appraiser Property Search System Page 2 of 2 Print Information I Home I I Back I I Search I ( Search Result I · ,'-',f~:-.--...-~ Please send us y~our feedback Copyright © 2002 by Palm Beach County Property Appraiser All Rights Reserved VI.-CONSENT AGENDA ITEM C. 2 CITY OF BOYNTON BE AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1, 2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January20,2004 January 5, 2004 (Noon) [] March l6, 2004 March l, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to approve and authorize signing of an Agreement for Water Service Outside the City Limits with Garrett M. Bender, for a 4.84-acre parcel of land located along Barwick road. EXPLANATION: The parcel covered by this agreement (identified as parcel 2 on the attached survey) is intended to be redeveloped as part of a single-family home subdivision containing approximately 21 units with a gross density of 2.63 dwelling units/acre. Water and sanitary sewer facilities do not currently exist on the parcel, and will be constructed by the developer. PROGRAM IMPACT: None. The service demands of this parcel were included in the City's master plan and water use projections. PROGRAM IMPACT: None FISCAL IMPACT: None ,~~ERNATIVES: N~. Tllf~ parcel is within the Utilities ~ ~ ~~ service areay~~ ~ Department Head's Si4ture ~ C~Ty Manager's Signature UTILITIES Department Name City Attorney / Finance / Human Resources XC: Dale Sugerman (w/copy of attachments) Peter Mazzella " Michael Rumpf, Planning & Zoning. " File " SSBULLETINLFORMS',,AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R04- A RESOLUTION 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 GARRETT M. BENDER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the subject property is located outside of the City Limits, but within our and sewer service area, for a 4.84 parcel of land located along Barwick Road; and WHEREAS, the subject parcel is intended to be redeveloped as part of a single- home subdivision containing approximately 21 units with gross density of 2.63 units/acre. WHEREAS, City policy requires annexation of the property to be serviced at the practicable time, as a condition of the granting of water services outside its urisdictional limits; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 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 lervice Agreement between the City of Boynton Beach, Florida and Garrett M. Bender, said being attached hereto as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. ;:\CA~RESOXAgreements\Water ServiceXBender Water Service.doc PASSED AND ADOPTED this __ day of January, 2004. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner Clerk ;:\CAhRESOXAgreements\Water Service~Bender Water Service.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 18th day of November, 2003, by and between Garrett M. Bender 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 her, eby agree that there are 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 I above. This Agreement and the power of attorney referenced Nov 20 03 09:25a Land Desicn South SSI 4?8 5012 p.3 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. ].2. 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 he.~eto have set their hands and seals this ~'~ day of //IJo~l~-~~'"'-' ,200?. WITNESS: .~ INDIVIDUAL(S) AS.~)WN ER(S): 7~ss Sisnature Own~¢ Signature -- // Printed Witness Name 6arre~ M. Printed Witness Name Witness Signature Owner Signature Printed Witness Name Prin~ed 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 a~,~,.~~,Co/~ty a~ke acknowledgments, personally appeared to me known to be the per~escribed in and who executed the foregoing "Fnstrbment that he~cknowledged before me that h_b..g/she executed the same; that the iq.dividual was ~ersonally Knov~n to mc er provided the following proof of identification: .~/,~NESS my .h~n,d an;I official seal in th_.,e County and State last aforesaid this. ~-4./'"day of /dOv/'t-~ , ~..,~~~~;c.,Z,,~~ (N ota ry .,~J~ Finn MYCOMMISS~N~ DD2~49 EX,RES ~y Public ~ ~;~ ~tem~r 20, ~07 ,~,~,,~,, WITNESS: 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 arid 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 Palm Beach I/We, Garrett M. Bender, 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 18th day of November, 2003 and the powers and authority shall be irrevocable by Grantee. Hov 20 03 0S:25a Land Design South 561 4?8 5012 p.5 ~)~y of ![/~//"~)l~//J~,~,uM'""'--, in the year two thousand and .~ . ~~~~d a:d delivered in the presence of ~t~, S,,na,ure Owner Sisnature ~N' ' ' ~m' Pdnted Owner Name Witness Signature STATE OF FLORIDA ) ) ss: /,THE FOREGOING LNSTRUMENT was acknowledged before me thi day of · by ~:~'~[-/,d/~/ tH.. ~ ~ ., .who are known to me or who have produced , as identifica~ did/did not t1~e an oath. ,"'"~'"'"', Fran ]ohnson ~ ~ :.: :.:. mYCOMMI~ION # D0246449 EXI~tRES BOHDED I~RU TI~Y FAIN INSURANCe, iN~ "~ Type or Print Name Commission No. My Commission Expires: POA.IND STATE OF FLORIDA ) SS: COUNTY OF PALM BEACH ) THE FOREGOING INSTRUMENT was acknowledged before me this . day of ,20___, by and . , who are known to me or who have produced , as identification and who did/did not take an oath. NOTARY PUBLIC Type or Print Name Commission No. My Commission Expires: POA.JND ENDORSEMENT Attomey ' Title Insm'ance Fund, Inc. ORLANDO, FLORIDA OPM-2339214 Endorseme~t No. to Policy No.: Name of Ch [ginal Insured: Garrett M. Bender !I December 16, 2002 at 9:34 a.m. Original F~ecl~ve Original~°unt~ of Insurance: $ 1,150,000.00 Agent's File Reference: 02-720 Current ~ount of Insurance: $ 1,150,000.00 The policy ~ hereby amended as follows: Schedule A, ii~he Effective Date is hereby amended as follows: July 31,200} at 11:00 p.m. (Continue tea o/endorsement on separate cont/nuat/on she~ ~necessa~.) but in all o~ ~r respects remains unchanged. Geor e W. Mathews llI, P.A. October 7, 2003 7587 i Fund Agent Agent No. Attorneys' Title Insura~xe Fund, Inc. By ',. Charles J. Kovaleski E~t~.~n~tr~.~!~lgna President ;:"~' COCONUT LANE " ;.~) 40 SO 120 ' -" ill I :" '? c ale = Z3r O L.W.D.D. LATERAL CANAL NO. .'.;:,:..';;'.i..~ (.';ii ,i.~ LEGAL DESCRIPTION , :)!.,;; PARCEL I · - THE NORTH 2S0.2 FEET, LESS THE WEST 1:50 FEET (MEASURED AT RIGHT · '.' " ~"::~ ANGLES) OF THE SOUTHEAST QUARTER (SE I/4) OF THE SOUTHEAST :F;L-/ . QUARTER (SE I/4) OF THE SOUTHWEST QUARTER (SW I/4) OF SECTION I, ":!i'ii'ii; TOW.S.,P 4G SOUTH. RANGE 42 EAST. OF T.E PUBL,C RECORDS OF PALM .':';': : ?;,... BEACH COUNTY, FLORIDA. . ~:, ', ;...: .:.' .~ '? ':.~ ' ' ..... .'-:. THE WEST 130 FEET (MEASURED AT RIGHT ANGLES) OF THE SOUTHEAST QUARTER (SE I/4) OF THE SOUTHEAST QUARTER (SE I/4) OF THE SOUTHWEST :~.:'...'.i;..'. . QUARTER (SW I/4) OF SECTION I, TOWNSHIP 46 SOUTH, RANGE 42 EAST, · PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS RIGHTS-OF-WAY ' ' - :- AND EASEMENTS OF RECORD.' THE WEST HALF (W I/2) OF THE SOUTHEAST QUARTER (SE I/4) OF THE ' . .~'!- "- SOUTHEAST QUARTER (SE I/4) OF THE SOUTHWEST QUARTER (SW I/4) OF - - SECTION I, TOWNSHIP 46 SOUTH, RANGE 42 EAST, LESS THE SOUTH 115 FEET .. : AND THE WEST 130 FEET AND PART OF THE NORTH 280.2 FEET LYING EAST OF ' . THE WEST 130 FEET. '" i~' ::i.:'" AND THE EAST HALF (E I/2) OF THE SOUTHEAST QUARTER (SE I/4) OF THE ' SOUTHEAST QUARTER (SE I/4) OF THE SOUTHWEST QUARTER (SW I/4) OF SECTION I, TOWNSHIP 46 SOUTH,. RANGE 42 EAST, LESS AND EXCEPTING THEREFROM THE SOUTH 115 FEET AND LESS THE NORTH 2SO.Z FEET AND THE ' EAST 40 FEET. ,. .. . :i..~~ :' "" ' -"~' DESCRIPTION: ( OVERALL PARCEL ) THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER . . '' ' :.i OF SECTION I, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, . · . LESS THE EAST 40.00 FEET AND LESS THE SOUTH 115.00 FEET THEREOF. ".· CONTAINING 8.00 ACRES MORE OR LESS. VI.-CONSENT AGENDA CITY OF BOYNTON BEA~ ITEM C.3 AGENDA ITEM REQUEST Fi_ Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetin£ Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1, 2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unf'mished Business RECOMMENDATION: Motion to approve and authorize signing of an Agreement for Water Service Outside the City Limits with Mitch and Teri Gevinson, for a 3.16-acre parcel of land located along Barwick road. EXPLANATION: The parcel covered by this agreement (identified as parcel 1 on the attached survey) is intended to be redeveloped as part of a single-family home subdivision containing approximately 21 units. Water and sanitary sewer facilities do not currently exist on the parcel, and will be constructed by the developer. PROGRAM IMPACT: None. The service demands of this parcel were included in the City's master plan and water use projections. PROGRAM IMPACT: None FISCAL IMPACT: None ~ATIVES:~) ~[ ~01N°~'~-~~Th~arcel is within the Utilities service area.~ C~~_~S De~arl~nent Head's Signature " ~gnature UTILITIES Department Name City Attorney / Finance / Human Resources XC: Dale Sugerman (w/copy of attachments) Peter Mazzella " Michael Rumpf, Planning & Zoning. " File " SABULLETINN~ORMSL~GENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R04- A RESOLUTION 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 MITCH AND TERI GEVINSON; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the subject property is located outside of the City Limits, but within our sewer service area, for a 3.16 acre parcel of land located along Barwick Road; and WHEREAS, the subject parcel is intended to be redeveloped as part of a single- home subdivision containing approximately 21 units, and WHEREAS, City policy requires annexation of the property to be serviced at the practicable time, as a condition of the granting of water services outside its arisdictional limits; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as true and correct and are hereby made a specific part of this Resolution upon adoption Section 2. The City Manager is hereby authorized and directed to execute a Water Agreement between the City of Boynton Beach, Florida and Mitch and Teri said Agreement being attached hereto as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. \CA'~LESOL4~greements\Water Service\Gevinson Water Service Agreemen[doc PASSED AND ADOPTED this ~ day of January, 2004. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner Clerk Serviee\Gevinson 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 18th day of November, 2003, by and between Mitch and Teri Gevinson 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 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 I above. This Agreement and the power of attorney referenced Nov 20 03 09:25a Land Design South 561 4?8 5012 p.2 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 iocal, 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 jud§ment 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. ,JN WITNESS WJ-J~REOF, the parties hereto have set their hands and seals this ~;~('~day of /~/~ 200_,~ /n~._.~ss Signature '' - -~i~ Signature N~.~~.~, Mitch Gevinson Witness Signature Printed Witness Name ?~n~ss Signature - Teri Gevinson Witness Signatur~ 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 Cou~nty a(o, resaid to take acknowledgments, personally appeared ./~/~_ ~- '~ ,~,~/2~~ to me known to be the p_e~rson(s) described in and who executed ~ '~n-strument that he/she a~knowledged before me that he/s'l~e executed the same. L~_ ~'hat the indi'~'id~ersonally known to me or provided the ~ollow n r(~of Of identification: _WITNESS my hand and official seal in th_e County an~[ State last aforesaid this 2-~ dal of ~OV'~,~- ,20.~ ~ iNotary Sea I~;~ ~:,,, Fron ]ohnson ' ~ ' ~ MYC~M~SDN" ~4~49 ~ES ~ary Publi~ ~:~{~ ~pmm~r 20, 2~7 WITNESS: 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 Palm Beach I/We, Mitch and Terri Gevinson, 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 18th day of November, 2003 and the powers and authority shall be irrevocable by Grantee. Hov 20 03, 09:2r5a Land Design South 581 4?8 5012 p.4 IN WITNESS WHEREOF, we have hereu:to set our hands and the~_.-P'day seals of ...-.. , in the year two thousand and Sealed and delivered in the presence of ~~/~" 'OWner Si'~ t~e MJtch Gevinsep Pr' te Witness Nam Printed Owner Name WitneSs Signature Printed Witness Name O~er~,S~nature Printed Witness Name Printed Owner Name Wit~s5 Signature ~nI~ ~tnoss ~ame STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH ) ~J-IE FO RE(?3OI N(,.~ I I~ISTRU ~IENT w~) ac~nowledge~ ~efore me this ~ay of ,,__' ", , 20~ by~ e~[ ~~ ~ , who are known to me or who have produced as identification and~ ~id/did' not take an oath. ~'"' ~ ~*:~= ::~ MYC~M~ ~ptem~r~2~t2~ 2~7 ~S ~ or Print Name .~2/12/2003 13:49 5619644638 TITLE EVIDENCE OF SF PAGE 01 t Title Evidence of South Florida, Ina 3900 Woodlake Blvd, Suite 314 Greenacres, FI. $3463 (561) 964-5707 OWNERSmP & ENCUMBRANCE REPORT ORDER NO. ]3 2125 EFFECTIVE DATE: 6/03/03 to 12/03/03 ~ 8:00 ~m. 1) LEGAL (as per last deed of record): (SE . 2) TITLE VE~TE[YlN ( as per last deed of record): Miwh Gevinson and Tcri Gevinsoa, his wife 3) OPEN MORTGAGES: a) Mortgage in favor of Wachovia Bank filed 2/14/03 in Offiotal Reoorda Book 14802, Page 111 in the amount of $487,500.00 4) OTHER LIENS OF RECORD: a) Power of Attorney filed 3/18/2003 in Official Records Book 14939, Page 1842 b) Order filed 5/14/03 in Official Rcc, o~d~ Book 13701, Page 857 5) TAXES: Taxes for the year 2003 are NOT PAID, in the gross amount of$4,02g.41 Property C°ntrol # 00-42-46-01-00-000-7370 NOTE: The Company makes no representations as to whether judgments reported above, ffany, creates a lien against the subject property, or that the judgment debtor Is one and the sine as the grantee listed above In item #2 above. Any refexence to Official Rooord Book and Page on this report would be found in the Public Records of PALM BEACH County, Florida.~ ~2/12/2003 13:49 5619644630 TITLE EVIDENCE OF SF PAGE 02 This report is not an opinion of title, a title insurance guarantee, title insurance commitment or policy of any kind. The Company assUmes'no liability grtater than tho actual amount paid for this report. Thankyou for your request. If you have any questions or comments or should be in need of any additional nervicet please do z~ot hesitato to contact our office. COCONUT LANE 40 80 120 RIDGEWOOD ROAD e III '- 4 0 1 L.W.D.D. LATERAL CANAL NO. 30 NOT TO SCALE THE NORTH 280.2 FEET, LESS THE WEST 130 FEET (MEASURED AT RIGHT ANGLES) OF THE SOUTHEAST QUARTER (SE I/4) OF THE sOUTHEAST QUARTER (SE I/4) OF THE SOUTHWEST QUARTER (SW I/4) OF SECTION I, TOWNSHIP 46 SOUTH, RANGE 42 EAST, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: PARCEL 2 THE WEST 1:30 FEET (MEASURED AT RIGHT ANGLES) OF THE SOUTHEAST QUARTER (SE I/4) OF THE SOUTHEAST QUARTER (SE I/4) OF THE SOUTHWEST QUARTER (SW I/4) OF SECTION I, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS RIGHTS-OF-WAY AND EASEMENTS OF RECORD. ,. ND " THE WEST HALF (W I/2) OF THE SOUTHEAST QUARTER (SE I/4) OF THE SOUTHEAST QUARTER (SE I/4) OF THE SOUTHWEST QUARTER (SW I/4) OF SECTION I, TOWNSHIP 46 SOUTH, RANGE 42 EAST, LESS THE SOUTH 115 FEET AND THE WEST 130 FEET AND PART OF THE NORTH :::'80.2 FEET 'LYING EAST OF VI.-CONSENT AGENDA ITEM C.4 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1, 2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to approve Resolution # to approve the Interlocal Agreement For Municipal Recycling between the Solid Waste Authority and the City of Boynton Beach. EXPLANATION: The City currently has an Interlocal Agreement in place for Municipal Recycling. This is a renewal of said agreement allowing the City to operate a Municipal Recycling Program in cooperation with the Solid Waste Authority to achieve and maintain the State recycling goal and requirements of Chapter 403, Part IV, Florida Statutes. The Solid Waste Authority will continue to allow the following recyclables: RESIDENTIAL Commingled Recyclable Materials (blue bin) = aluminum cans, foil and pans; aseptic containers; gable-topped containers; glass bottles and jars (green, brown and clear); and plastic containers #1 - #7 (except stryofoam). Fiber Recyclable Materials (yellow bin)= Newspapers (including inserts); magazines and catalogs; phone books; corrugated cardboard; and kraft bags. COMMERCIAL Individual businesses shall be encouraged by the City to separate their solid waste into two categories, recyclable and non- recyclable. Acceptable materials for commercial recycling include the following: Commingled recycling materials, corrugated cardboard, sorted white ledger, mixed paper and sorted office paper and any other material PROGRAM IMPACT: By signing into this agreement the Solid Waste Authority works with the City in providing educational material and setting standards for recycling collection for all recycling programs. FISCAL IMPACT: N/A ALTERNATIVES:~N/A ~ (] ~' / ~2~p~ment e~s~ignature ~ City Manager's Signature Jeffrey Liverl~ood, Public Works Director ~k~ ~ ~Y~/.,~o ~ Department Name ff City Attorn~/~in-~ce / Human Resources S:LBULLETINMCORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION R04- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING EXECUTION OF AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND SOLID WASTE AUTHORITY OF PALM BEACH COUNTY FOR MUNICIPAL RECYCLING; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Of Boynton Beach currently has an Interlocal Agreement for Municipal Recycling with the Solid Waste Authority of Palm Beach County, and; WHEREAS, the renewal of said Agreement will allow the City to operate a Municipal Recycling Program in cooperation with the Solid Waste Authority to achieve and maintain the State recycling goal and requirements of Chapter 403, Part IV, Florida Statutes. WHEREAS, staff has reviewed the Interlocal Agreement, a 'copy of which is attached hereto and made a part hereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. Upon recommendation of staff, this Commission does hereby authorize execution of this Interlocal Agreement between the City of Boynton Beach and Solid Waste Authority of Palm Beach County, which Agreement is )terlocal Agreement for Municipal Recycling.doc attached hereto and made a part here. Section 2 That this Resolution shall become effective (mmediately upon passage. PASSED AND ADOPTED this __ day of January, 2004. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) ca/reso/agreements/interlocal/Municipal Recycling Solid Waste Authority Agreement for Municipal Recycling.doc INTERLOCAL AGREEMENT FOR MUNICIPAL RECYCLING THIS AGREEMENT, made and entered into this __ day of ., 2003 by and between the SOLID WASTE AUTHORITY OF PALM BEACH COUNTY, a dependent special district created pursuant to Chapter 75-473, Laws of Florida, as amended, hereinafter called "Authority", and the CITY OF BOYNTON BEACH, a municipal corporation, chartered and organized in accordance with the laws of the State of Florida, hereinafter called "City", to enter into an Intedocal Agreement for Municipal Recycling and Grant Management in accordance with Chapter 403, Part IV, Florida Statutes. WITNESSETH: WHEREAS, the Authority has been empowered by law to carry out the powers, obligations and requirements in Palm Beach County, Florida, prescribed to a "county" pursuant to the provisions of Chapter 403, Part IV, Florida Statutes; and WHEREAS, Chapter 403, Part IV, Florida Statutes encourages counties to enter into Interlocal Agreements with municipalities to establish recycling programs and carry out recycling activities; and WHEREAS, the City desires to work in cooperation with the Authority to continue a municipal recycling program toward achievement and maintenance of the State recycling goal and the requirements of Chapter 403, Part IV, Florida Statutes. NOW, THEREFORE, for and in consideration of the mutual covenants and promises hereinafter contained to be kept and performed by the parties hereto, and for the mutual benefit of the City and the Authority, it is agreed as follows: 1. City agrees to collect or to enter into a contract for the collection of Recyclable Materials as defined in Section 7. 2. City agrees to cooperate with the Authority to provide all necessary and required information to the Authority so that the City and the Authority can determine if the City's recycling program is meeting the requirements of the Authority's countywide recycling program and other applicable state and local laws. 3 Rec¥clable Collection Service A. Residential Curbside and Containerized Service This provision applies to residential units receiving curbside or contaLnerized solid waste collection service. Municipal or contract crews shall collect all Recyclable Materials (defined in Section 7) from designated residential units within the City. Authority provided promotional materials may be distributed, informing the residents as to when and how the Recyclable Materials will be collected. No residents will be deleted from collection because of infrequent participation, unless it is determined by the City and the Authority that the recycling collection i s not feasible in a particular solid waste collection service 1 area. Before deleting any residents fi.om participation, the City will notify the Authority why it believes such residents should be deleted and give the Authority a reasonable time (at least (60) sixty days) to evaluate the circumstances and make a recommendation to the City. B. Commercial Service This provision applies to commercial establishments located within the City's limits. Municipal or contract crews shall collect Recyclable Materials (defined in Section 7) from designated commercial units within the City. The Authority is available to provide informational/educational material and conduct waste audits when requested by the City. No business w ill b e prevented from participating unless it is determined by the City and the Authority that the recycling collection is not feasible in a particular solid waste collection area. Before deleting any commercial establishments from participation, the City will notify the Authority why it believes such commercial establishments should be deleted and give the Authority a reasonable time (at least (60) sixty days) to evaluate the circumstances and make a recommendation to the City. The City is expected to develop a plan which provides direct recycling collection services to the majority of the businesses within the City's limits, and will endeavor to include all commercial businesses. The Authority is available to assist in developing the plan or programs to achieve this goal, or to provide direct collection services on a cost basis when requested by the City. 4 Collection Schedule The collection schedule shall have a minimm frequency of once per week for each Residential and Commercial Unit and shall be made on a day as determined by the City or Collector. 5 Point of Collection Collection shall be at curbside, or within the public right-of-way adjacent to the paved roadway, or adjacent to/in the same location as designated for garbage/refuse collection 6 . Data Collection The City or its collector shall provide the Authority the following data each month for each route and collection crew: A. Total number of households or businesses on each route. B. Number of households setting out any or all materials for the month. C. Total weight of residential materials and total weight of commercial material collected for the month. D. Residential and Commercial Material disposition, including date, type, and quantity of material discharged at each Authority designated facility. 2 E. Collection hours. This data shall be submitted in a monthly report to the Authority's Recycling Department by the 15th day of the month following t he e nd o f e ach month. Data sheets s hall b e available from the Authority on request. All data and program information shall be retained for the period of the Agreement. The Authority has the right to request any additional collection or contract-related information from the Village as may be required for the program The Village has the right to request quarterly progress reports from the countywide program. 7 Collection of Source-Separated Recyclable Material A. Residential Individual residents/homeowners shall be encouraged by the Village to separate their solid waste into recyclables and nonrecyclables. Each residential trait or combination of units will receive the appropriate type and number of reusable containers, in accordance with the countywide recycling program, into which Recyclable Materials will be deposited. Commingled Recyclable Materials shall mean: aluminum cans, foil and pans; aseptic containers; gable-topped containers; glass bottles and jars (green, brown and clear); and plastic containers # 1 - #7 (except Styrofoam). Commingled recyclables will be deposited into one of the appropriately designated reusable containers. Fiber Recyclable Materials shall mean: newspapers (including inserts); magazines and catalogs; phone books; cormgated cardboard; and kraft bags. Fiber Recyclable Materials shall be placed loose in the other appropriately designated reusable container . Corrugated cardboard shall be cut to an acceptable size and flattened, and for curbside residents, shall be set beside or in the same reusable container as the Fiber Recyclable Material . Residents receiving containerized service may receive a separate container to be used for the collection of Corrugated cardboard. The Authority retains the right to modify the manner in which materials are set out for collection with proper notice to the Village. Notice for a substantial change in collection method shall be no less than one year. B. Commercial Individual businesses s hall b e encouraged b y the Village to separate their solid waste into two categories, recyclable and non-recyclable. Businesses contracting for services will arrange with service provider to receive one or more containers into which recyclable material may be deposited. Acceptable materials for commercial recycling shall include Commingled Recyclable Materials, Corrugated Cardboard, Sorted White Ledger, Mixed Paper and Sorted Office Paper and any other materials agreed to in writing by the Village and the Authority. Commercial r ecyclable materials s hall b e sorted b y t he business b y type and placed in separate containers. Corrugated Cardboard, Sorted White Ledger, Mixed Paper and Sorted Office Paper are more specifically defined as (1) Sorted White Ledger - white ledger or computer printout paper. Dry and free of contaminants. (2) Sorted O ~ce Paper - office paper including letterhead, computer paper, legal paper, loose-leaf paper, copy and typing paper. (3) Corrugated Cardboard - containers having liners of either test liner, jute, or kraft. (4) Mixed Paper - a mixture of various types and grades of paper including but not limited to: all office paper, colored paper, corrugated cardboard, envelopes (excluding envelopes with cellophane windows), junk mail, kraft bags, magazines, and catalogs. Mixed Paper does not include tissue or towel type paper. 8 Commercial Recycling Revenue Share As a further incentive for the City to actively pursue commercial recycling, the Authority and the City may enter into a separate agreement to provide for payment to the City for all acceptable loads of agreed upon commercial Recyclable Materials. Types of commercial Recyclable Materials eligible for payment shall be determined by the Authority. 9 Transportation and Equipment The City shall be responsible for having collected Recyclable Materials transported to an Authority designated facility, including, but not limited to, the Authority's Residential Materials Recycling Facility (RMRF), the Authority's Commercial Materials Recycling Facility (CMRF), one of five transfer stations, a Private Commercial Materials Recycling Facility (PCMRF) or any other sites designated by the Authority for recycling. The Authority or its contractor shall receive, process, dispose and/or recover all Recyclable Materials delivered by or on behalf of the City, at no charge to the City, except for unacceptable loads as described below. Collection equipment must be of a type to provide for rear, side or front unloading and may be compartmentalized or in separate vehicles. 10 Improperly Prepared Recyclable Materials When a collector's crew encounters improperly prepared materials or nonrecyclable items, they must follow this procedure: A. The collector shall pickup all Recyclable Materials except those contaminated by putrescible waste or those which cannot be safely retrieved from the reusable containers. Improperly sorted materials or contaminated materials will be left in the reusable containers or temporarily removed and returned to the reusable containers. The collector shall leave an Authority and/or City approved form on the material or in the container. The form will notify the resident or business that material has not been properly sorted, and will provide information on how to contact the City or Authority recycling coordinator for further information. Upon request of the City, the Authority will provide rejection procedure training for the route drivers. The Authority and the. City will consult and evaluate the extent of the need for such training, which shall be provided by the Authority. As a means of strengthening the City's ability to have the collector fulfill the City's recycling needs, the City may consult with the Authority when preparing the City's future request for collection franchise bids. B. It shall be the responsibility of the City or collector to contact residents or businesses who repeatedly place improperly sorted materials in their designated container and inform and encourage them to properly sort materials. If the problem persists, the City shall notify the Authority, who shall then assist the City in resolving the Problem. 11 Compliance with Zoning Ordinances Any transfer and/or storage of the Recyclable Materials shall be undertaken in a location suitable and adequate for such activity and shall comply with all local zoning ordinances and any other applicable local and state statutes, ordinances and regulations. The City further agrees to use its best efforts to amend or modify its appropriate zoning, building, or land development code to require new multi-family or commercial developments to provide adequate space for recycling containers. 12 Unacceptable Materials Criteria has been established for acceptance of loads deemed suitable for processing at the Authority designated facilities. If the load contains in excess of 3.5% non-recyclable materials by weight, or if there is more than 3.5% paper products within the other Commingled Recyclable Material or visa versa, the receiving facility will either reject the load for recycling or process the load, segregating contaminants. It will be the responsibility of the City to dispose of any rejected loads in a suitable manner and/or pay the Authority for processing and/or disposal of contaminants in excess of 3.5%. If the problem persists, future loads will be inspected before dumping and, if unacceptable, will be rejected. If this occurs too frequently (e.g. more than two times in a month), the Authority may elect to monitor the route for proper sorting and tagging procedures, and/or make recommendations to the City. 13 Promotion and Education Responsibilities The Authority and the City shall participate in promotion and educational efforts as outlined below: A. The City shall be responsible to at least once a year advertise or distribute notices of service to each targeted business and/or household, and for the development, priming and supplying of promotional and educational materials as needed. " B. The City or Collector shall distribute notices of improperly prepared materials, of collection schedule changes, of unacceptable materials or any other pertinent information to residents and businesses as required. C The City or Collector shall require employees to deal courteously with customers on the telephone and on the route to promote the collection service and explain proper material preparation. D Throughout the term of this Agreement, the Authority shall be available to participate in promoting the collection service at area fairs, neighborhood association programs, or other community events, and the Authority shall be available to give advice to the City on promotional and educational materials' content and presentation, at no cost to the City. 14 Delivery of Collected Material The City agrees that it shall require that all Recyclable Materials separated from the normal waste stream that are collected by or on behalf of the City shall be delivered to Authority designated facilities. The Authority may, from time to time, undesignate a facility. The City will take such action as is necessary to ensure against and prevent scavenging and unauthorized removal of such recyclables within the jurisdiction of the City. 15 Changes in the Law Should the State of Florida or the Authority determine any of the items described in Section 8 to be non-recyclable or designates new Recyclable Materials during the term of this Agreement, the Authority and the City will negotiate a method for modifying or terminating this Agreement, as appropriate. 16 Term This Agreernent s hall begin t he d ate herein above and continue through and including September 30, 2008. Notwithstanding termination, any fights or duties imposed by law shall remain in effect. This Agreement may be terminated by the mutual written consent of both parties. 17. This Agreement may be modified only by the mutual written consent of both parties. 18 In the event of any changes in law that abrogates or modifies any provisions or applications of this Agreement, the parties hereto agree to enter into good faith negotiations and use their best efforts to reach a mutually acceptable modification of this Agreement. 19 All formal notices affecting the provisions of this Agreement shall be delivered in person or be sent by registered or certified mail or by facsimile to the individual designated '- below, until such time as either party furnishes the other party written instructions to contact another individual: For the Authority: Solid Waste Authority of palm Beach County 7501 North Jog Road West Palm Beach, Florida 33412 Attention: Executive Director Facsimile Number 561-683-4067 For the City: City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33426 Attention: City Manager Facsimile Number: 561- 375-6090 20 Designation of Recycling Coordinator The City and the Authority shall each designate an individual in its regular employ to be the recycling coordinator. Such individual will be the contact person for the Authority or the City to contact each other and for residents participating in the program to contact. Such individual will also be available to participate in/or coordinate jointly sponsored educational, promotional, and related presentations. 21 If any clause, section or provision of this Agreement shall be declared to be unconstitutional, invalid or unenforceable for any cause or reason, or is abrogated or negated by a change in law, the same shall be eliminated from this Agreement, and the remaining portion of this Agreement shall be in full force and effect and be valid as if such portions thereof had not been incorporated herein. (The remainder of this page intentionally lef~ blank.) IN WITNESS WHEREOF, the parties hereto have entered into this Agreement effective as of the day and year first above written: WITNESSES: SOLID WASTE AUTHORITY OF PALM BEACH COUNTY John Booth Executive Director APPROVED AS TO LEGAL FORM AND SUFFICIENCY: By: Maureen Cullen, Solid Waste Authority MUNICIPALITY: WITNESSES: City of Boynton Beach By: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: PUBLIC WORKS DEPARTMENT, DSC MEMORANDUM #03-168 o~ 2003 TO: Jim Cherof, City Attorney THRU: Jeffrey Livergood, Public Works Director ~// FROM: Christine Roberts, Assistant Public Works Director~ SUB J: Interlocal Agreement For Municipal Recycling DATE: December 5, 2003 Attached is an Interlocal Agreement for Municipal Recycling between the Solid Waste Authority and the City of Boynton Beach. The current Agreement expired on September 30, 2003. Staff has reviewed the Agreement and has no problems with the proposed changes to the agreement. Included in the attachment are two new original agreements for execution and a strike-out version of a basic format indicating the proposed changes. An Agenda Item Request Form is also attached. Please review and prepare a Resolution for the January 6th Commission Meeting. If you have any questions please give me a call at ext. 6203. Thank you. .[_ CR/cr Attachments Cc: City Clerks Office NOV 17,2003 PUBLIC WORKS DEPT, YOUR PARTNER FOR SOLID WASTE SOLUTIONS November 17, 2003 Ms. Chris Roberts, Public Works Dir. City of Boynton Beach Public Works Department PO Box 310 Boynton Beach, FL 33425-0310 Re: Interlocal Agreement for Municipal Recycling Dear~ The above referenced Interlocal Agreement between the City of Boynton Beach and the Solid Waste Authority expired on September 30, 2003. Please find enclosed one (.1) new draft and two (2) new original agreements for execution by your municipality. Please execute the two original agreements and return to me as soon as possible. The draft is for your files. As soon as the Authority's Executive Director has signed the agreements, I will return one odginal to you. Changes in this new agreement are as follows: · As the Recycling and Education Grant from the Florida Department of Environmental Protection no longer exists, the section pertaining to grant management by the Authority has been removed. · The section pertaining to the collection of source-separated recyclable material, which lists the current items that are acceptable in the county-wide recycling program, has been simplified. · Mixed Paper has been added to the acceptable recyclables in the county- wide commercial Program. · Mixing of paper products with commingled recyclables (glass, plastics, aluminum, etc.) by more than 3.5% has been added to the definition of unacceptable materials. This contamination factor has always existed in the service agreement we have with our MRF operator. It's inclusion in the ILA was an oversight on our part. This contamination primarily occurs when there is a mechanical failure of the recycling collection vehicle. 7501 North Jog Road, West Palm Beach, Florida 33412 (561) 640-4000 FAX (561) 640-3400 Recycled paper Interlocal Recycling Agreement November 17, 2003 Page 2 I have also included a strike-out version of a "basic format" agreement which indicates the above changes, minus individual municipal variations. Please note however, any minor variations that your municipality may have requested when this agreement was originally executed have been kept in the new agreement. If you need further clarification or have any questions relating to this Interlocal Agreement, please contact me immediately at 561-640-4000, ext. 4330 or via email at SLees~.swa.org. Thank you for your immediate attention to this matter. Recycling Administrative Manager Solid Waste Authority of Palm Beach County Enc: One Draft Agreement Two Original Agreements One Strike-out ~Format Agreement c: Robin Ennis, Director V!.-CONSENT AGENDA ZTEM C.5 CITY OF BOYNTON BEA( AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December l, 2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noo~) 7-~'~ January 20, 2004 January 5, 2004 (Noon) [] March ! 6, 2004 March 1, 2004 (Noon) ~ ~ [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to approve and authorize signing of an Agreement for Water Service Outside the City Limits with Carlos Valencia for the property at 1200 Ridge Road, Lantana, Florida (Lots 128 and 129, Ridge Grove). EXPLANATION: The parcel covered by this agreement includes a single-family home and other detached unit 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 ~ATIVES: ~one./~his parcel is within the Utilities service area.. ] ~ ~ -I)~'-artment Head's~ignature Ci'ty ~lanager's Signature UTILITIES Department Name City Attorney / Finance / Human Resources XC: Dale Sugerman (w/copy of attachments) Peter Mazzella " Michael Rumpf, Planning & Zoning. " File " S:~BULLETINLFORMS~GENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R04- A RESOLUTION 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 CARLOS VALENCIA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the subject property is located outside of the City Limits, but within our and sewer service area, at 1200 Ridge Road, Lantana, Florida (Lot 128 and 129, Ridge which is located in the San Castle/Ridge Grove project area; and WItEREAS, the subject parcel contains a single-family home, and only potable water s available for connection to the property at this time, due to water main improvements by Palm Beach County as part of a neighborhood improvement project; and WHEREAS, City policy requires annexation of the property to be serviced at the ;arliest practicable time, as a condition of the granting of water services outside its urisdictional limits; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as true and correct and are hereby made a specific part of this Resolution upon adoption Section 2. The City Manager is hereby authorized and directed to execute a Water gervice Agreement between the City of Boynton Beach, Florida and Carlos Valencia, said being attached hereto as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. :\CAX~RESOXAgreements\Water Service\Valencia Water Service Agreementdo~: PASSED AND ADOPTED this ~ day of December, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner Clerk Service\Valencia Water Service Agreement. doc THIS INSTRUMENT PREPARED BY: James A. Chemf, Esquire Josias & Goren, P.A. 3099 East Commemial Blvd. Suite 200 Ft. Lauderdaie, FL 33308 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AGRE~EMEI~IT mad~eton ~this . day of ,20 , by and between (.L.c.z~/~.~ t./m._,/?.~o__i'o.., hereinafter called the "Customer", and the CITY OF §OYNTON 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 ~.,. ./// 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 ~xtension 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 I 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 terminatioh 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. Aisc, 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 WITNESSWHEREOF, the parties hereto have set their hands and seals this /? ~/~"day of J~3 c~.-~.- ,200~. Witness Signat~'~ ~ Owner Signature I~r~-nted Witness 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 afores~aj,d and in ~hre ~:oun~ aforesaid to take acknowledgments, personally appeared L_~',/~ V~/~ c_/"~--~ to me known to be the person(s) describe~d..~in and who executed the foregoing instrument that he/she acknowledged before me that he/she executed the same; that the individual~,~a~ pA~.-__~., ,..~,~,,,.~ ,,~ ,~,.~ cr provided _the following proof of identification: /?c. .WITNESS my/hand and official seal in the County and State last aforesaid this / ~ ./.4. day of//I,/~) ~ ,200~ WITNESS: 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 3,3,308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By IndividUals) STATE OF FLORIDA OOUN O I/We, ,:~ ~.~ c ~ ~ ., 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 t° 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 The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the ~/ ~ ~day of ~b~,~ b/~ , 20 ~.~ and the powers and authority shall be irrevocable by Grantee. IN WITNESS WHEREOF, we have hereunto set our hands and seals the /~ ~- day of j~ ~ J. , in the year two thousand and "/~"~-- ¢ Sealed and delivered in the presence of~f~~ ~ -Witness Signa. t.~ ' . .; - Owne~' Signature Printed witness Name Printed Owner Name "'-Witness Signature"'" - Printed Witness Name Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature Printed Witness Name STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH ) T E F RE I IN TR MENT s nowl ed before me th~s ///~7'~'''~ I;I O GONG S U wa ack ecIg., ' __uay of J~10 ~), z , 200~, by ~ ~o~ '~/~zc/~ L _ . and "~/~ , ~ ~'e ~r,~w~ ,. ,,,~ or who .~ produced ~Z. ~ ~;~ ~ ~.//~- ~F~ , as identification and who diWdid not take an oath. NOTARY PUBLIC Type or Print Name No commission My Commission Expi res: POA. IND 1 in. = 182.2 feet Location Map ,' Exhibit A S.H. CJ~OI~T~, ZZZ, C3~0~TA G G0ff, 1040 ~ ~, ~. ~~, ~ 33304 h~m~mh~ 00-43--45--09-08-000-1280 Special Warran~ Deed ~ ~. ~O~r a e~le ~ V~ T-~ of ~ C~u~ of Pa~ Bea~ , .......................... ~ b~d ~ sold m ~ ~ ~ =~oo=~d ~ 9~a~ Book 22, B~H C~, FLorida. and *:axes suboocluen~: 'e.o 2002. · Palm Beach County PrOperty Appraiser Property Search System Page 1 of 2 Gary R. Nikolits, CFA Palm Beach County Appraiser Public Access System Property Information Location Addres'~: 1200 RIDGE RD Municipality: COUNTY OF PALM BEACH Parcel Control Number: 00-43-45-09-08-000-1280 Subdivision: RIDGE GROVE IN Official Records Book: 16076 Page: 1427 Sale Date: Oct-2003 Legal Description: RIDGE GROVE LTS 128 & 129 - Owner Information Name: VALENCIA CARLOS Mailing Address: 1091 SUMMIT PLACE CIR #A WEST PALM BEACH FL 33415 - 2003 Proposed Appraisal Improvement Value: $15,456 Number of Units: 2 Land Value: $14,976 Total Sq. Ft: 1250 Market Value: $30,432 Acres: .00 Use Code: 0100 Description: SINGLE FAMILY -2003 Proposed Tax Ad Valorem: $595.03 Non ad valorem: $333.00 Total: $928.03 -2003 Proposed Assessed & Taxable Values Assessed Value: $30,432.00 Exemption amount: $0 (2003 Exemption) Taxable: $30,432.00 Exemption Information Unavailable. -Sales Information Sales Date Book Pa_~e Price Instrument Owner Oct-2003 16076 1427 55000 WD VALENCIA CARLOS Sep-2003 16029 1665 35000 WD LOUKtNEN RAYMOND Sep-2003 16029 1663 29000 QC TRI COUNTY INVESTORS LLC Jan-1980 03280 0850 38000 00 Print Information I httn'//~ cn nalrn-h~ach fl n~/nana/mMn/cletail infn a~ngn entitv=00434509080001280 11/19/2003 Palm Beach County Property Appraiser Property Search System Page 1 of 1 -Subareas for Building 1 Subarea So_. Footage Area Percent_ Effective Area Area Under Air BAS BASE AREA 800 00 00 00 BAS BASE AREA 450 00 00 00 Total I, 250 -Structural Elements for Building 1 EXTERIOR WALL-1 V!NLY / ALUMINUM SIDING EXTERIOR WALL-2 N/A ROOF STRUCTURE GABLE/HIP ROOF COVER ASPH/COMP: SHG.=I.00 INTERIOR WALL-1 WALL BD. OR WOOD=.88 INTERIOR WALL-2 N/A FLOOR TYPE-1 HARDWOOD/PARQUET=I FLOOR TYPE-2 N/A YEAR BUILT 1948 EFECTIVE YEAR 1950 TOTAL ROOMS BED ROOMS 2 FULL BATH 1 HALF BATH 0 BLDG USE 0100 STORIES 1 -Structural Elements for Building 2 EXTERIOR WALL-1 CB STUCCO EXTERIOR WALL-2 N/A ROOF STRUCTURE FLAT ROOF COVER BUILT-UP T/G=1.00 INTERIOR WALL-1 WALL BD. OR WOOD=.88 INTERIOR WALL-2 N/A FLOOR TYPE-1 CONC. FINISH=.97 FLOOR TYPE-2 N/A YEAR BUILT 1952 EFECTIVE YEAR 1952 TOTAL ROOMS BED ROOMS 1 FULL BATH 1 HALF BATH 0 BLDG USE 0100 STORIES 1 [ Show Drawing / Map l Print Information , VI.-CONSENT AGENDA CITY OF BOYNTON BEAC} ITEM C.6 AGENDA ITEM REQUEST FO1 Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December I, 2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January 20, 2004 Januaty 5, 2004 (Noon) [] March16, 2004 March l, 2004(Noon) [] Administrative [] Legal co NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation ,~0 [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Staffrecommends approval of the Release of Unity of Title for Southern Homes of Palm Beach III, LLC., (Murano Bay). EXPLANATION: The developer of this property, through his attorney, has requested the release of this Unity of Title so that closing on completed units will not be delayed once construction has been completed. The City Attorney and staffhave reviewed this matter and recommend execution and recording of this document. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: ~ Department Head's Signature ~ City Manager's Signature Department Name '~] ' City Attornej/J/Fin~ince / Human Resources SABULLETINWORMSXAGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R03- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE A RELEASE OF UNITY OF TITLE FOR SOUTHERN HOMES OF PALM BEACH m, LLC., (MURANO BAY); AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City has approved the unified development of multiple parcels a single development ordered Murano Bay; and WHEREAS, this will release the Unity of Title encumbered to all of the out-parcels allow each of them to develop independently. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing Whereas clauses are tmc and correct and arc now ratified confirmed by thc City Commission. Section 2. Thc Mayor and City Clerk are hereby authorized and directed to execute a of Unity of Title for Southern Homes of Palm Beach m, LLC, (Murano Bay), and is hereto as Exhibit "A". Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~ day of January, 2004. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner Clerk Prepared by/return to: SCOTT WEISBURD, ESQ. Weisburd, Eisen & Possenti, P.A. 7700 N. Kendall Dr., #707 Miami, FL 33156 RELEASE OF UNITY OF TITLE THIS RELEASE is made and entered into on the __ day of , 2003, by the City of Boynton Beach, Florida, a political subdivision of the State of Florida. WITNESSETH: WHEREAS, SOUTHERN HOMES OF PALM BEACH III, LLC., a Florida limited liability company, owns the following described parcel of real property described on Exhibit "A" attached hereto and made a part hereof (the "Property"): WHEREAS, the City of Boynton Beach has approved a site plan for the development of twenty (20) residential townhomes on the Property and, as a part of said approval, agreed to release the Property from the operation and effect of the Unity of Title encumbering the Property recorded in Official Records Books 9989, Page 828, of the public records of Palm Beach County, Florida (the "Unity of Title''). NOW THEREFORE, for a valuable consideration, the sufficiency of which is acknowledged by the execution and acceptance of this Release, the City of Boynton Beach hereby releases the Property from the Unity of Title and declares the Property free and clear of the operation and effect of same. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year below written. THE CITY OF BOYNTON BEACH, a political Subdivision of the State of Florida BY: Jerry Taylor, Mayor ATTEST: BY: Janet M. Prainito, City Clerk S:\CA'ut;ORMSXDevelopmenthRelease of Unity of Title - Murano Bay.rff STATE OF FLORIDA COUNTY OF PALM BEACH: The foregoing instrument was acknowledged before me this day of January, 2004 by Jerry Taylor, as the Mayor of the City of Boynton Beach, Florida, who did not take an oath. Notary Public commission No. (Notary Seal) My Commission Expires: S:\CAkFORMS\DevelopmentLRelease of Unity of Title - Murano Bay.rtf EXHIBIT "A" The South 138.75 feet of Coquina Cove Section 2, Less the east 30 feet and less road right-of-way as recorded in Plat Book 24, at Page 14, of the Public Records of Palm Beach County, Florida, Coquina Cove Section 2, Less the south 138 feet and less the east 30 feet and less road right-of-way. S:\CA\FORMS'ff)evelopment'uRelease of Unity of Title - Murano Bay.rtl V]:.-CONSENT AGENDA ITEl4 D. 1. CITY OF BOYNTON BEA AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1, 2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1,2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the January 6, 2004 City Commission Agenda under Consent Agenda. The Planning and Development Board with a unanimous vote, recommended that the subject request be denied. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-03-298. EXPLANATION: PROJECT: Clear Copy (ZNCV 03-027) AGENT: Laura Segura,, Blue Chip Lending Services OWNER: Bob Feldman LOCATION: 660 West Boynton Beach Boulevard DESCRIPTION: Request for relief fxom the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, H.16.d. (19) to allow thirteen (13) parking spaces in lieu of the nineteen (19) required by code, a variance of six (6) spaces for a medical office use in a C-2 zoning District. PROGRAM IMPACT: FIALSC~ALRNAI~IPATivEC~: ~']L/ ~ Developdlt~ISepa~a~'~FD~ir~t"~ -' Cit~ Manager's Signature Plannihg and Zo~n~ ~kector City Attorney / Finance / Human Resources S:\Planning\SHARED\WPXPROJECTS\CLEAR COP'~ZNCV 03-027XAgenda Item Request Clear Copy ZNCV 03-027 1-6-04.dot S:\BIJLLETIN~FORMS~G~DA ITEM REQLIEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNZNG AND ZON]~NG DZVZStON MEMORANDUM NO. PZ 03-298 STAFF REPORT TO: Chairman and Members Planning and Development Board and City Commission THRU: Michael W. Rumpf Planning and Zoning Director FROM: Maxime Ducoste-A. ~. Planner ,~.- DATE: December 9, 2003 PROJECT NAME/NO: Clear Copy/ZNCV 03-027 REQUEST: Request for relief from the City of Boynton Beach Land Development RegulaUons, Chapter 2, Zoning, Section 11, H. 16. d. (19), to allow thirteen (13) parking spaces in lieu of the nineteen (19) required by code, a variance of six (6) spaces for a medical office use in a C-2 zoning district. PRO,1ECT DE$CI~FI'~ON Property Owner: Bob Feldman Applicant/Agent: Laura Segura - Blue Chip Lending Services LocaUon: 660 West Boynton Beach Boulevard Existing Land Use/Zoning: Local Retail Commercial (LRC)/C-2 Proposed Land Use/Zoning: No changes are proposed Existing/Proposed Use: Print shop/Medical Offices Acreage: 0.225 Acre (9,788 square feet) AdJacent Uses: North: West Boynton Beach Boulevard right-of-way and farther north is Wendy's restaurant, zoned C-2; South: N.W. is~ Avenue right-of-way and farther south are single-family residences, zoned R-lA; Page 2 Memorandum No PZ-03-298 Clear Copy zNcv 03-027 East: Medical office building zoned C-2; and West: N.W. 7m Street right-of-way and farther west is Gateway Center, zoned C-2. BACKGROUND The site is located at the southeast corner of Boynton Beach Boulevard and S.W. 7m Street on the south side of West Boynton Beach Boulevard (see Exhibit "A" - Location Map). The subject property was developed in 1996 with one, two-story pdnt shop building totaling 3,780 square feet (see Exhibit "B"- Survey/Site Plan). This property was developed, using the parking space ratio for a printing use, which requires one (1) parking space per 300 square feet of gross floor area. A total of 13 parking spaces were required, and provided. [t should be noted that due to site constraints, the parking spaces provided constitute the maximum number of spaces the site can accommodate while complying with the Land Development Regulations. The owner of the property, Mr. Bob Feldman, is in the process of Selling the property, and it will be used as a chiropractor's office. The parking requirement for a chiropractor's office (medical office) is based on the parking space ratio of one (1) parking space per 200 square feet of gross floor area; the proposed project generates the need for a minimum of 19 parking spaces. The Land Development Regulations require that paridng requirements be brought into compliance with present-day code when a use change is proposed that would generate the need for additional parking spaces. As the minimum number of spaces cannot be provided on-site, relief is requested to allow the proposed use to proceed. The existing plan as submitted indicates that the building is 3,780 square feet. Based on the parking space ratio for medical office uses of one (1) parking space per 200 square feet of gross floor area, the proposed use generates the need for a minimum of 19 parking spaces. However, the applicant has sufficient land to provide only 13 spaces. Therefore, a variance is necessary to obtain relief from the zoning regulations to reduce the parking requirements from one (1) space per 200 square feet of gross floor area to one (1) space per 291. square feet of gross floor area. The proposed reduction and variance request represents a difference of six (6) parking spaces. ANALY_y.~.[~ The code states that the zoning code variance cannot be approved unless the board finds the following: a. That spec/a/conditions and circumstances ex/st which are pecu//ar to the/and, structure, or bu//ding /nvo/ved and which are not app//cab/e to other/ands, structures or bu//d/ng$ in the same zoning d/strict. b. That the spec/a/cond/b'ons and circumstances do not result from the ada'ohs of the app//cant. c That granb'ng the variance requested w/ii no~ confer on the app//cant any spec/a/priv//ege that is den/ed by this ordinance to other/ands, bu//d/ngs, or structures in the same zoning d/sbT'cL d. That//tera//nterpretaEon of the provisions of this ordinance wou/d deprive the app//cant o£ rights common/y enjoyed by other properties in the same zoning d/s~n'ct under the terms of the ordinance and wou/d work unnecessary and undue hardship on the app//cant. e. That the variance granted /$ the m/n/mum variance that w/ll make poss/b/e the reasonab/e use of Page 3 Memorandum No PZ-03-298 Clear Copy ZNCV 03-027 the/and, bu//d/ng, or structure. That the granting of the variance w//I be/n harmony w/th the genera//ntent and purpose of th/s chapter [ord/nance] and that such variance w/// not be/njur/ous to the area/nvo/ved or otherw/se detr/menta/ to the pub//c we/fare. g. Variances to m/n/mum lot area or lot frontage requ/rements, that property/s not ava//ab/e from adjacent properties/n order to meet these requ/rements, or that the acqu/s/b'on of such property wou/d cause the adjacent property or structures to become nonconform/ng. App//cant sha// provide an af/idav/t w/th the appl/cation for variance stating that the above menb'oned cond/tions ex/st w/th respect to the acqu/s/tion of add/t/ona/ property. Staff conducted this analysis with emphasis on the applicant's response to the above criteria contained in the Exhibit"C'; and a review of the current site layout and capacity. It is the position of staff that when the site plan was originally approved, the improvements were tailored to best balance site constraints and project needs. At the time of site plan approval, the project was designed to accommodate a print shop. Staff believes that the resulting deficiency in parking is attributed, in part, by the proposed intensification of the property. The current situation is also intensified by the preposed change to a medical use, which increases the minimum-parking requirement to one (1) space for every 200 square feet. l~n contrast, the previous use licensed for the preperty requires no more than one (1) space per 300 square feet and is applied to the entire building. The applicant is seeking a variance that represents one of the most intensive uses and parking scenarios. A variance based on the medical use parking ratio would grant the property owner the greatest flexibility in terms of uses. Nearly all retail uses would be accommodated by this parking ratio if the variance is approved, except for restaurants, which requires a ratio of one (1) space per 100 square feet. Further, variance approvals are attached with the property, therefore the approval will allow this property to accommodate most retail uses permitted in the C-2 zoning district, some of which may have greater customer turn-over and would generate more traffic. The applicant believes there will be sufficient parking given that the majority of his patrons are either drepped-off or utilize a shuttle service offered by the business, which would limit, to some extent, the number of cars parked on the site. Staff acknowledges the challenges presented by this property, and has considered if site constraints from the built environment equate with "hardship". Using this viewpoint, one could construe that special conditions and circumstances exist which are peculiar to the built-out property. However these special conditions and circumstances were caused by the application of a lesser parking ratio when the property was originally improved. Current parking regulations applicable to medical or even retail uses could not be accomodated on this site without a reduction in building square footage. As for whether the subject request represents the minimum variance necessary to make possible the reasonable use of the land, it should be noted that the proposed use (medical) has a higher minimum- parking ratio (1 per 200 square feet) than that required for printing uses. Applying this lower parking ratio to the first floor of the building, and the professional office ratio to the second floor, would resulting a minimum of 17 spaces required for the entire building, or a variance of 2 parking spaces. This scenario would reduce the variance request by ,t parking spaces. However, separating the building into two different uses would also limit the uses allowed on the first and second floors and likely require substantial building modifications; a scenario that would be difficult to monitor and may lead to inconsistency. Lastly, the Land Development Regulations allow several uses, which the site can accommodate as designed and approved. The following uses are an example of those requiring a parking ratio similar to or less than what Page 4 Hemorandum No PZ-03-298 Clear Copy ZNCV 03-027 the site was approved for: Persona/, professional and bus/ness serv/ces including tes~7'ng, repa/tfng, and servicing, which include rea/ estate oflYce, architecture, design, intetfor decorators, enginee#ng, surveyor, and consulting firms/Animal hospitals; Arts, crafts, graph/cs, and photographic stud/os/Nursery schools, day care centers, and other pre-school facilities~,· Dental laboratories~. In summary, staff believes that the applicant does not meet any of the hardship criteria A-G listed under the analysis portion of this staff report. CONCLUSZON$/RECOMMENDATION Staff recommends that this variance request to allow the reduction in the required parking spaces to 13 spaces for a medical office in lieu of the 19 required for the subject project be denied due to the lack of a hardship. No condiUons of approval are recommended, however, any condiUons recommended by the Board, or required by the City Commission, shall be included in Exhibit "D" - CondiUons of Approval. HWR/mda .S:I~Plannlng~SHARED\WP\PRO.1ECTS~CLEAR COPY~..NCV 03-027~STAFF REP.doc I in. = 200.0 feet ,Cl C¸2 Location Map CLEAR COPY EXHIBIT "A" '.'. '... EXHIBIT "C" EXHIBIT "D" Conditions of Approval Project name: Clear Copy File number: ZNCV 03-027 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S APIanning~SHARED\WPWROJECTS\CLEAR COPY~ZNCV 03-027~COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Clear Copy APPLICANT'S AGENT: Laura Segura - Blue Chip Lending Services APPLICANT'S ADDRESS: 114-116 E. Ocean Avenue Lantana, FL 33462 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 6, 2004 TYPE OF RELIEF SOUGHT: Relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, H. 16. d. (19), to allow thirteen (13) parking spaces in lieu of the nineteen (19) required by code, a variance of six (6) spaces for a medical office use in a C-2 zoning district. LOCATION OF PROPERTY: 660 W. Boynton Beach Blvd. 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\CLEAR COPY~ZNCV 03-027\DO.doc VI'.-CONSENT AGENDA ITEM D.2. CITY OF BOYNTON BEA AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1, 2003 (Noon) [] February 17, 2004 Februa~2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1,2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcemem [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code cornpliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the January 6, 2004 City Commission Agenda under Consent Agenda. The Planning and Development Board with a 4 to 0 vote (one recusal), recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-297. EXPLANATION: PROJECT: Olen Industrial (NWSP 03-018) Quantum Park Lot 50A AGENT: Steve Fike, Olen Properties OWNER: Olen Properties LOCATION: 4875 Park Ridge Road DESCRIPTION: Request for new site plan approval for a 17,726 square foot warehouse on a 1.41-acre parcel in The quantum Park PID. PROGRAM IMPACT: FISCAL IMPACT: 1~ ! ~ ALTERNATIVES: ,~ DeveloI~t ~ep~a~n-i Director Ci~y-M~tnager's Signature Planning and Z~91~Director City Attorney / Finance / Human Resources S:\PlanningXSHARED\WPXPROJECTS\Quantum Lot 50~SP 03-018 Olen Indus~al~genda Item Request Olen lnd.Pk NWSP 03-018 QP Lot 50A l-6- 04.dot S:~BULLETIi~FORMSXAGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNI'NG AND ZONI'NG DI¥[SI'ON MEMORANDUM NO, PZ 03 - 297 STAFF REPORT TO: Chairman and Members Planning and Development Board and City Commission THRU: Michael Rumpf Planning and Zoning Director FROM: Ed Breese ~ Principal Planner' DATE: December 8, 2003 PROJECT NAME/NO: Olen Industrial Warehouse Building / NWSP 03 - 018 REQUEST: New Site Plan PRO.]ECT DESCR/P'I~0N Property Owner: Olen Properties Applicant: Olen Properties Agent: Steve Fike of Olen Properties Location: 4875 Park Ridge Boulevard (see Exhibit "A" - LocaUon Map) Existing Land Use/Zoning: ]Industrial (:[) / Planned ]~ndustrial District (P]~D) Proposed Land Use/Zoning: No change proposed Proposed Use: Request site plan approval for a 17,726 square foot industrial warehouse building on a 1.41-acre parcel. Acreage: 1.41 acres Adjacent Uses: North: Right-of-way of Park Ridge Boulevard, then farther north the Publix Distribution complex with an ]industrial (:[) land use designation, and zoned Planned ]:ndustrial Development (PiD); South: Florida Power and Light (FPL) substaUon with an :Industrial (:[) land use designaUon, and zoned Planned :Industrial Development East: Gevas North America Headquarters with an ]:ndustrial (]:) land use designaUon, and zoned Planned ]:ndustdal Development (PI:D); and Staff Report - Olen Industrial Warehouse Building (NWSP 03-018) Memorandum No PZ 03-297 Page 2 West: Gale Insulation with an Industrial (1) land use designation, and zoned Planned Industrial Development (PID). Project size: The project consists of a one-story, 17,726 square foot industrial warehouse building with 53 parking spaces. Site Characteristic: The subject parcel is comprised of Lot 50-A of the Quantum Park PZD and is a faidy rectangular shaped piece of land approximately 357 feet long and approximately 195 feet wide. The parcel is vacant and situated between the developed Gale Znsulation property on the west and the developed Gevas North America property on the east. The survey shows that the highest elevation is 23.5 feet above sea level, located near the southeast property line. Proposal: Olen Properties proposes to construct a one-story, 17,726 square foot industrial warehouse building. The project as proposed consists of 10 individual bays and 53 parking spaces. Concurrency: ~ Traffic: A traffic concurrency approval letter from Palm Beach County Traffic Engineering will be required prior to issuance of a building permit. No permit will be issued prior to determination that the project meets the Traffic Performance Standards of Palm Beach County. Drainage: Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information for the subject property 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: This project is exempt from the school concurrency requirements of Palm Beach County. Driveways.' The subject property fronts on Park Ridge Boulevard. Proposed on-site circulation consists of two driveways from Park Ridge Boulevard, affording complete traffic circulation around the building. The westemmost driveway is an"entrance only"to better accommodate larger vehicles associated with this type of facility and access to the overhead bay doors. Parking Facility: Parking required for this type of facility is based on one (1) parking space per 500 square feet of industrial manufacturing/warehouse space, for a total of 36 parking spaces. The plan as designed accommodates 53 parking spaces, induding 3 handicap spaces. The typical parking spaces are dimensioned 9.5 feet x 18.5 feet, with the handicap spaces shown as 12 feet x 18.5 feet with the associated 5 foot striped aisle. Nso, the applicant proposes to stripe the area at the rear (west side) of the building as a loading zone, in an effort to eliminate any potential congestion Staff Report- Olen Industrial Warehouse Building (NWSP 03-018) Memorandum No PZ 03-297 Page 3 or conflicts with regular vehicular traffic. Landscaping: The proposed pervious or "green" area of the lot would be 13,029 square feet or 31% of the total site. The landscape plan tabular data (Sheet L-2) indicates that 39 trees, 8 palms and 1,538 shrubs and groundcover are being provided. Typical trees being utilized in the planting scheme include Uve Oak, Pigeon Plum and Silver Buttonwood, along with Royal and Sabal palms. Shrub materials selected for the site include Cocoplum, Wax 3asmine, Hibiscus and Allamanda. Three Tibouchina trees are proposed to be planted at the entrances as signature trees. The landscape plan (Sheet L-2) also depicts the removal of six (6) Live Oak trees and two (2) Black Olive trees currently on the site. These trees must be accounted for and trees of comparable caliper and condition must be replanted on the site (see Exhibit "C" - Conditions of Approval). Building and Site: Building and site regulations will be fully met when staff comments are incorporated into the permit drawings. The proposed one-story industrial warehouse building would have a typical roof height of between 20 feet and 23 feet - 3 inches measured to the top of the parapet wall as it varies with the different architectural treatments. The decorative arches at various entries of the building reach a maximum height of approximately 25 feet - 2 inches. The maximum allowed height in the PID zoning district is ~t5 feet. The floor plan (Sheet Al.0) indicates ten (10) individual warehouse bays. Sheet A3.0 provides an illustration of the building facades, including concrete tilt-wall panels, three-quarter inch deep reveals, decorative arches and glazed ceramic accent tiles. Design: The elevation drawing (Sheet A3.0) shows that the building would be designed as a standard industrial warehouse building with the fa~;ade improvements discussed above, The body of the building would be painted a tan color (1CZ Paints -"Sandy Cove" ZCZ 144), The accent body color is proposed to be painted a brown color (ZCZ Paints - "Woodhaven" ZCZ 262). The accent trim areas are all proposed to be painted a putty color (ZC! Paints - "Obelisk" ZC! 533), The decorative cap is proposed to be painted a yellowish tan (SW Paints -"Yellow Stone" SW 2197), The doors and accents are proposed as an earthy tan (ZCZ Paints -"Copper" ZC[ 320). $ignage: The signage, according to Sheet A3.0, will be a monument sign typically 4 feet- 2 inches tall by 12 feet in width, arched to follow the design of the building. The plans indicate the colors are to match the building. A condition of approval, is the requirement that the sign comply with the Quantum Park signage program (see Exhibit "C"- Conditions of Approval). Additionally, the tenant signage is proposed on the north end of the building and defined as bronze reverse channel aluminum letters, five (5) inches high, which is within the allotted signage allowed by code. RECOMMENDATZON: The Technical Review Committee ('rRC) has reviewed this request for new site plan approval. Staff recommends approval, contingent upon all comments indicated in Exhibit "C"- Conditions of Approval. Staff Report - Olen Industrial Warehouse Building (NWSP 03-018) Memorandum No PZ 03-297 Page 4 The Technical Review Committee (TRC) 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. I in. = 484.5 feet HIGH RIDG P ID OLEN INDUSTRIAL BUILDING EXHIBIT "A" , ' " " EXHIBIT "B" ' ' / '\~ /\ / o t ':11~ ;:.,.-~;'11..¥..~.:?~11 ~o~ ~o~ t11~I~ J JJ 8! -JJJ ~ JJJ ' QUANTUM CORPORATE PARK EXHIBIT "B" ~' i,,~ it ~ ~ / · 1~i :!il ',' ,' ,,, ,!,,..i / !il" I "Ii Ii 'I I I / , .j .1 ltJ , ii! """'"' "- -"' ' ,,~,~!, h~1,~r,,,l..,.. ,,- ~l~j I I ~j lil~Jit~ l~iJilt~l ~J,lhltd ---- ~t '" . Il 1' f "' ' '?~i ~' ..,,,,,, .. ..,,,,. , ~sl lliJJ , ...,.-.. ,,, .- t' ' ' il ~j'~ ' ~I'I 'I', ' 'l "~ EXHIBIT "C" Conditions of Approval Project name: Olen Industrial File number: NWSP 03-018 Reference: 2na review plans identified as a New Site Plan with a November 18, 2003 Planning and Zoning date stamp marking. 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. The minimum dumpster gate opening required is 10 feet wide (inside X dimension). (LDR, Chapter 7.5, Article II, Section 5.J. and Article ffl, section 9.A.9.a.) Revise dumpster details to reflect this measurement. PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: 3. Palm Beach County Health Department permits will be required for the X water and sewer systems serving this project (CODE, Section 26-12). A building permit for this project shall not be issued until this Department has approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 4. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m, as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (CODE, Section 26-16(b)). 5. The CODE, Section 26-34(E) requires that a capacity reservation fee be X paid for this project either upon the request for the Department's signature on the Health Department application forms or within 30 days of site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. 6. This office will not require surety for installation of the water and sewer X utilities, on condition that the systems be fully completed, and given to the City Utilities Department before the first permanent meter is set. Note that setting of a permanent water meter is a prerequisite to obtaining the Certificate of Occupancy. 7. All utility construction details shall be in accordance with the Utilities X Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates); they will be reviewed at the time of construction permit application. Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT FIRE Comments: 8. In addition to domestic requirements and at a residual pressure of not less X than 20 psi, a fire flow of at least 1500 gpm is required fi:om hydrants. 9. City Ordinance Section 9-6, 3./7-11 requires approved automatic fire X sprinkler systems throughout all buildings or structures regardless of the type of construction that are in excess of 12,000 square feet per floor. POLICE Comments: None X ENGINEERING DIVISION Comments: 10. Add a general note to the Site Plan that all plans submitted for specific X permits shall meet the City's Code requirements at time of application. These permits include, but are not limited to, the following: paving, drainage, curbing, site lighting, landscaping and irrigation. Permits required fi:om other permitting agencies such as Florida Department of Transportation (FDOT), South Florida Water Management District (SFWMD), Lake Worth Drainage District (LWDD), Florida Department of Environmental Protection (FDEP), Palm Beach County Health Department (PBCHD), Palm Beach County Engineering Department (PBCED), Palm Beach County Department of Environmental Resource Management (PBCDERM) and any others, shall be included with the permit request. 11. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the TRC process does not ensure that additional comments may not be generated by the Commission and at permit review. 12. Show sight triangles on the landscape plans (LDR, Chapter 7.5, Article II, X Section 5.H.). Reference FDOT Standard Index 546 for the sight triangles along all collector and arterial roadways. 13. There is an existing drainage easement that runs along the east property line X for a distance of approximately 200 feet. Please adjust any landscaping to fall outside the drainage easement. 14. Full drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article IV, Section 5 will be required at the time of permitting. 15. Provide a copy of the modified SFWMD permit no later than the time of X permitting. 16. Paving, Drainage and Site details will not be reviewed for construction X accel~tabiliW at this time. All engineering construction details shall be in DEPARTMENTS INCLUDE REJECT accordance with the applicable City of Boynton Beach Standard Drawings and will be reviewed for constmctability at the time of construction permit application. BUILDING DIVISION Comments: 17. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 18. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may X not, therefore, be used for landscape irrigation where other sources are readily available. 19. A water-use permit for the irrigation system is required from the SFWMD. X A copy of the permit shall be submitted at the time of permit application, F.S. 373.216. 20. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: ~ The full name of the project as it appears on the Development Order and the Commission-approved site plan. > The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34) 21. Sheet SP2.0 - The light poles shall be designed to withstand 140 mph wind. X The light poles shall comply with 2001 FBC, Section 1606. Signed and sealed wind load calculations shall be submitted at the time of permit application. 22. Sheet SP2.0 - Detail #11 - Indicate the size (LXW) of the footing for the X light poles. The bottom of the foundation shall be no less than 12 inches below finish grade per 2001 FBC, Section 1804.1.3. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: 23. The applicant must show on a landscape plan the existing trees (24 inch X cluster of Oaks, additional four (4) inch diameter tree, additional ten (10) inch diameter tree, additional nine (9) inch diameter trees) that will be preserved, relocated, and removed / replaced on the site. A separate symbol should be used on the landscape plan to identify these trees. Landscape Plan 24. All canopy trees shown on the Plant List must include in the size X specifications a minimum of 12-14 feet in heir,bt, and three (3) inch calil>er Conditions of Approval 4 DEPARTMENTS INCLUDE REJECT ~ DBH, (Grades and Standards) [Environmental Regulations, Chapter 7.5, Article II Sec. 5.C. 2.] 25. The applicant should add a note that all utility boxes or structures (not X currently known or shown on the plan) should be screened with Coco plum hedge plants on three sides. 26. Trees should have separate irrigation bubblers to provide water directly to X the root ball. [Environmental Regulations, Chapter 7.5, Article II Sec. 5. C.2.] PLANNING AND ZONING Comments: 27. Amend Tabular Data on Sheet SP-1 to reflect the Land Use category as (I) ] X Industrial. 28. A letter of approval from Palm Beach County Traffic Engineering Division X regarding the submittal of a traffic statement will be required prior to issuing a permit for this project. 29. Stripe out a loading zone at the rear of the building outside the required X travel lane. No parking other than loading/unloading shall be allowed at the rear of the building and it shall be so signed. 30. A tree removal mitigation plan has not been submitted. Any non-invasive X trees may be relocated on-site or, if removed, replaced with comparable quality and caliper material. 31' All shrubs' disc°unting gr°undc°vers' must be at least 24" x 24" at time °f I XI planting. 32. Submit a letter of approval from the Quantum Park Architectural Review ] X ] Committee (ARC) for the building and signage. 33. Provide an updated inventory of committed Land Uses within Quantum X Park depicting the lot number(s), owner, Master Plan Designation, Actual Development, Gross Floor area, Trip Generation rate and daily trips. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: DEPARTMENTS I ~CL~E I R-EJECT 1. To be,~ete~'mned. I I S:\Planning\SHARED\WP\PROJECTS\Quantum Lot 50\NWSP 03-018 Olen Industrial\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Olen Industrial APPLICANT'S AGENT: Steven Fike - Olen Properties APPLICANT'S ADDRESS: 1062 Coral Ridge Drive Coral Springs, FL 33071 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 6, 2004 TYPE OF RELIEF SOUGHT: New Site Plan approval for a ...... LOCATION OF PROPERTY: 4875 Park Ridge Road 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:~Dlanning\SHARED\WP~ROJECTS\Quantum Lot 50\NWSP 03-018 Olen Industrial~DO.doc VI.-CONSENT AGENDA ITEM D.3 CITY OF BOYNTON BEA( AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1, 2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the January 6, 2004 City Commission Agenda under Consent Agenda. The Planning and Development Board with a 4 to 0 vote (one recusal), recommended that the subject request be approved. For fitrther details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-296. EXPLANATION: PROJECT: Olen Office (NWSP 03-019) Quantum Park Lots 21 and 2lB AGENT: Steve Fike, Olen Properties OWNER: Olen Properties LOCATION: 1425 Gateway Boulevard DESCRIPTION: Request for new site plan approval for a 28,266 square foot office building on a 2.13-acre parcel in The Quantum Park PID. PROGRAM IMPACT: FISCAL IMPACT: Developn~t 1~ ep]ir[m;n~-l~ire~tor ' ' City Manager's Signature Planning and Zo~ector City Attorney / Finance / Human Resources G:~Iolding folder to transfer\Agenda Item Request Olen Office NWSP 03-019 QP 21 -2lB l~6-04.dot S:XBULLETINWORMSL~kGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNI'NG AND ZONI'NG DZVI[SI'ON MEMORANDUM NO. PZ 03 - 296 STAFF REPORT TO: Chairman and Members Planning and Development Board and City Commission THRU: Michael Rumpf~~ Planning and Zoning Director FROM: Ed Breese ~ Principal Planner DATE: December 6, 2003 PRO.1ECT NAME/NO: Olen Office Building / NWSP 03 - 019 REQUEST: New Site Plan PR03ECT DESCR~PI'~ON Property Owner: Olen Properties Applicant: Olen Properties Agent: Steve Fike of Olen Properties Location: 1425 Gateway Boulevard (see Exhibit "A'- Location Map) Existing Land Use/Zoning: Industrial (I) / Planned Industrial Distdct (PTD) Proposed Land Use/Zoning: No change proposed Proposed Use: Request site plan approval for a two-story, 28,266 square foot office building on a 2.13-acre parcel. Acreage: 2.13 acres Adjacent Uses: North: A Quantum Park Water Management Tract, then farther north the United Way Office Building with an Industrial (I) land use designation, and zoned Planned :Industrial Development (P:[D); South: Right-of-way for Gateway Boulevard, then farther south is Boynton Beach Community High School with an :Industrial (I) land use designaUon, and zoned Planned ]:ndustdal Development (PiD); East: Allstate Office Building with an Tndustrial (:[) land use designation, and zoned Planned Industrial Development (PI:D); and Staff Report- Olen Office Building (NWSP 03-019) Memorandum No PZ 03-296 Page 2 West: Right-of-way of the Lake Worth Drainage District (LWDD) E- 4 Canal, then farther west the Original Pancake House and the Hampton Inn & Suites with an Industrial (I) land use designation, and zoned Planned Industrial Development (PID). Project size: The project consists of a two-story, 28,266 square foot office building. Site Characteristic: The subject parcel is comprised of Lots 21 and 21-B of the Quantum Park P[D and is a fairly rectangular shaped piece of land approximately 470 feet long and approximately 188 feet wide. The parcel is vacant and situated between the eastem edge of the Lake Worth Drainage District E-~ Canal right-of-way and Lot 20 ('l'he Allstate Building). The survey shows that the highest elevation is 14.07 feet above sea level, located near the south property line, along Gateway Boulevard. The rear (north side) of the property abuts one of the Quantum Park lakes. BACKGROUND Proposal: Olen Properties proposes to construct a two story, 28,266 square foot office building. The project consists of two floors of 14,133 square feet each and 96 parking spaces. Concurrency: ~ Traffic: A traffic concurrency approval letter from Palm Beach County Traffic Engineering will be required prior to issuance of a building permiL No permit will be issued pdor to determination that the project meets the Traffic Performance Standards of Palm Beach County. Drainage: Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information for the subject property 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: This project is exempt from the school concurrency requirements of Palm Beach County. Driveways: The subject property fronts on Gateway Boulevard. Proposed on-site circulation consists of a single driveway entrance/exit from Gateway Boulevard affording unobstructed traffic circulation throughout the proposed parking area. Parking Fad#tv: Parking required for this type of facility is based on one (1) parking space per 300 square feet of office space, for a total of 94 parking spaces. The plan as designed accommodates 96 parking spaces, including 4 handicap spaces. The typical parking spaces are dimensioned 9.5 feet x 18.5 feet, with the handicap spaces shown as 12 feet x 18.5 feet with the associated 5 foot striped aisle. Also, the applicant has provided 8 motorcycle/bicycle spaces, which are in addition to the 96 vehicular parking spaces provided. Staff Report- Olen Office Building (NWSP 03-019) Memorandum No PZ 03-296 Page 3 Landscaping: The proposed pervious or "green" area of the lot would be 39,424 square feet or 42% of the total site. The landscape plan tabular data (Sheet L-2) indicates that 40 trees, 14 palms and 1,634 shrubs and groundcover are being provided. Typical trees being utilized in the planting scheme include Live Oak, Pigeon Plum and Wild Tamarind, along with Royal, Sabal and Montgomery palms. Shrub materials selected for the site include Cocoplum, Ixora, Dwarf Yaupon Holley and Allamanda. Two Tibouchina trees are proposed to be planted at the entrance as signature trees and a triple Robeleni palm is proposed as the background for the monument sign. The landscape plan (Sheet L-2) also depicts the preservation of four (4) Uve Oak trees on site as well as the relocation of three (3) others to a more suitable location on the property, out of the way of the construction. Additionally, five (5) Royal Palm trees are being relocated out of the construction area and moved to the northeast and northwest corner of the building at the conclusion of the construction. Building and Site: Building and site regulations will be fully met when staff comments are incorporated into the permit drawings. The proposed two-story office building would have a typical roof height of 34 feet- 8 inches, measured to the top of the average parapet wall. The decorative parapet and cornices at the entry and the corners of the building reach a maximum height of approximately 43 feet. The maximum allowed height in the PID zoning district is 45 feet. The floor plan (Sheets A2.1 & A2.2) shows both floors with a lobby area and flexible layout for a variety of office needs. Sheets A3.1 & A3.2 provide an illustration of the building facades, with concrete tilt-wall panels, panel recess score lines, decorative trims and mouldings, stone diamond medallions and spandrel panel widow sections. Design: The elevation drawing (Sheets A3.1) shows that the building would be designed as a classic office building with the fa~;ade improvements discussed above. The body of the building would be painted a creamy tan color (SW Paints - "Golden Gate" SW 2201). The accent body color is proposed to be painted a slightly darker tan/earth tone color (1C1 Paints -"Copper" ICI 320). The accent trim areas are all proposed to be painted a cream color (SW Paints - "Devon Cream" SW 2447). The decorative cap is proposed to be painted a true tan (SW Paints -"Oakledge" SW 2204). The marble/granite accents are proposed as gray-brown tone (SW Paints- "Foothills" SW 2033). Signage: The signage, according to Sheet SP1.0, will be a monument sign typically six (6) feet tall by seven (7) feet in width, arched to follow the design of the building. The arch will extend the sign height to seven (7) feet- six (6) inches. The sign also has wing walls to provide visibility to the motoring public on three sides. These wing walls are approximately six (6) feet high by seven (7) feet - seven (7) Inches in width and will act as a planter box for the entire sign. The plans indicate, and a condition of approval, is the requirement that the sign comply with the Quantum Park signage program (see Exhibit "C" - Conditions of Approval). Staff Report -Olen Office Building (NWSP 03-019) Memorandum No PZ 03-296 Page 4 RECOMMENDA]'~ON: The Technical Review Committee (TRC) 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 (TRC) 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. 1 in. = 300.0 feet T'ORO~LA PID / LWDD. E -4. C ANAL*-------._ ) OLEN OFFICE BUILDING EXHIBIT "A" EXHIBIT "B" ' ' ' Cl- O--q 0 · ' EXHIBIT "B" ' /~ /~ ...... 'li,',*,'~-ill Jill I I! J JJJJJJJJ[',',l I'~1 ® ~ IIItlllllllll I / EXHIBIT "B .... I I I I I' t QUANTUM PARK AT BOYNTON BEACH, III ' P.I.D. PLAT NO. 2 "''U IllllIhlL.. I" Iql' ] , ..57 PG184 ,ili ,q 8 ,1,,!,! [, 11~ - ,,,,~, d,,,,l~ ~ ',' / ~'~ h I,:'" Tlr,' I IIQ[iI~ ~ ~ ~.-/ - ~ [xis~NG L~ ~ PB 57 PG 184 ~ t..I-I 1t -- ' , i[e -P " QUANTUM PARK AT ~YNTON BEACH, I ~ P.I.D. PLAT NO. 2 g~ ,, il! ', ~ ~ , EXHIBIT "B" QOANTUM PARK AT BOYNTON BEACH, - P.I.D. PLAT NO. 2 P~D. PLAT NO 2 ~ ~ ~ , ~, ~ · PARK AT ~O~TON DEACH, P.I.D. PLAT NO. 2 PB 57 PC 184 ~o* ~, - i ~ I .-'t~'''~ QUANTUM PARK AT BOYN~ BEACHI ~, .~ ~, i~ !, [~ i I' ~]l] h . , i. i~l. Jl J v · r r r r r ~ r ~ · · r EXHIBIT "C" Conditions of Approval Project name: Olen Office File number: NWSP 03-019 Reference: 2nd review plans identified as a New Site Plan with a Planning and Zoning date stamp marking of November 18, 2003. 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. PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: 2. Palm Beach County Health Department permits will be required for the X water and sewer systems serving this project (CODE, Section 26-12). A building permit for this project shall not be issued until this Department has approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 3. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m, as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (CODE, Section 26-16(b)). 4. This office will not require surety for installation of the water and sewer X utilities, on condition that the systems be fully completed, and given to the City Utilities Department before the first permanent meter is set. Note that setting of a permanent water meter is a prerequisite to obtaining the Certificate of Occupancy. 5. All utility construction details shall be in accordance with the Utilities X Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates); they will be reviewed at the time of construction permit application. FIRE Comments: 6. In addition to domestic requirements and at a residual pressure of not less X than 20 psi, a fire flow of at least 1500 gpm is required from hydrants. 7. City Ordinance Section 9-6, 3. /7-11 requires approved automatic fire X sl~rinkler systems throu~ltout all buildings or structures regardless of the Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT type of construction that are in excess of 12,000 square feet per floor. POLICE Comments: None X ENGINEERING DIVISION Comments: "8. Add a general note to the Site Plan that all plans submitted for specific X permits shall meet the City's Code requirements at time of application. These permits include, but are not limited to, the following: paving, drainage, curbing, site lighting, landscaping and irrigation. Permits required from other permitting agencies such as Florida Department of Transportation (FDOT), South Florida Water Management District (SFWMD), Lake Worth Drainage District (LWDD), Florida Department of Environmental Protection (FDEP), Palm Beach County Health Department (PBCHD), Palm Beach County Engineering Department (PBCED), Palm Beach County Department of Environmental Resource Management (PBCDERM) and any others, shall be included with the permit request. 9. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the TRC process does not ensure that additional comments may not be generated by the Commission and at permit review. 10. Show sight triangles on the landscape plans (LDR, Chapter 7.5, Article H, X Section 5.H.). Reference FDOT Standard Index 546 for the sight triangles along Gateway Blvd. 11. Full drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article IV, Section 5 will be required at the time of permitting. 12. A Fill Permit may be required to obtain the finished floor elevation. X 13. All engineering construction details shall be in accordance with the X applicable City of Boynton Beach Standard Drawings and the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction permit application. BUILDING DIVISION Comments: 14. 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 l~rovisions of Section 1606 (Wind Loads) of the 2001 FBC. Calculations DEPARTMENTS INCLUDE REJECT 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. 15. 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 (psi) on the plans for the buildin~ design. 16. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 17. A water-use permit for the irrigation system is required from the SFWMD. X A copy of the permit shall be submitted at the time of permit application, F.S. 373.216. 18. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, thc following information shall be provided at the time of building permit application: a) The full name of the project as it appears on the Development Order and the Commission-approved site plan. b) The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO), Chapter 26, Article II, Sections 26-34) 19. Indicate the percent of openings of the exterior walls in accordance with X 2001 FBC, Table 600 for the Type of Construction. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: The applicant has indicated all of the existing trees to be preserved in place, relocated, or removed / replaced on the site. Landscape Plan 20. All canopy trees shown on the Plant List must include in the size X specifications a minimum of 12 -14 feet in height, and three (3) inch caliper ~ DBH, (Grades and Standards) [Environmental Regulations, Chapter 7.5, Article II Sec. 5.C. 2.] 21. The applicant should add a note that no Cypress mulch can be used on the X site. 22. Trees should have separate irrigation bubblers to provide water directly to X the root ball. [Environmental Regulations, Chapter 7.5, Article II See. 5. C.2.] Conditions of Approval DEPARTMENTS INCLUDE REJECT Sheet c-3 of 14 23. The applicant must receive written permission from the Quantum X Community Development District (QCDD) to allow for the one (1) drainage structures access shown through tract "H" Lot 21-B. 24. This existing lake edge contains mature native trees and vegetation that X must be restored with the same size and quality of native vegetation upon removal for the installation of the drainage structure. 25. The environmentalist representative from the QCDD must meet with the X applicant and provide for the written removal and replacement plan for the drainage access to tract "H". 26. The native trees / vegetation replacement must be completed by the QCDD X representative. PLANNING AND ZONING Comments: 27. Amend Tabular Data on Sheet SP-I to reflect the Land Use category as (I) 1 X Industrial. 28. A letter of approval from Palm Beach County Traffic Engineering Division X regarding the submittal of a traffic statement will be required prior to issuing a permit for this project. 29' AIl shrubs' disc°unting gr°undc°vers' must be at least 24" x 24" at time °f I XI planting. 30' Subrnit a letter °f appr°val fr°m the Quantum Park Architectural ReviewI X [ Committee (ARC) for the building and signage. 31. Provide an updated inventory of committed Land Uses within Quantum Park X depicting the lot number(s), owner, Master Plan Designation, Actual Development, Gross Floor Area, Trip Generation Rate and Daily Trips. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. SAPIanning~SHARED\WP~ROJECTS\Quantum Park - Lot 21 & 21B~NWSP 03-019\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Olen Office APPLICANT'S AGENT: Steve Fike - Olen Properties APPLICANT'S ADDRESS: 1062 Coral Ridge Drive Coral Springs, FL 33071 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 6, 2004 TYPE OF RELIEF SOUGHT: Request for New Site Plan approval for ... LOCATION OF PROPERTY: 1425 Gateway Blvd. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida ~ppearing 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\Quantum Park - Lot 21 & 21B\NWSP 03-019\DO.doc VL-CONSENT AGENDA CITY OF BOYNTON BEA( ]'TEM D.4 AGENDA ITEM REQUEST Ft ..... Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1,2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the January 6, 2004 City Commission Agenda under Consem Agenda. The Planning and Development Board with a unanimous vote, recommended that the subject request be approved, subject to modification of condition #37 to allow staff and applicant to collaborate to modify the landscape plan, if necessary to provide adequate buffering along the south property line in lieu of a buffer wall. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-295. EXPLANATION: PROJECT: Venetian Villas (NWSP 03-021) AGENT: Michael Hoeflinger, Atlantis Development Group LLC - _ OWNER: RSPB, LLC LOCATION: South side of Southwest 23ra Avenue (Golf Road) approximately 600 feet east of Congress Avenue DESCRIPTION: Request for new site plan approval for 50 fee-simple townhomes on a 4.69-acre parcel in a R-3 zoning district. PROGRAM IMPACT: /'~ t FI2C~ALRNAI~IPAT~CsT:~~OD/~.~Z/JJ ~ Developmen~~e~t D~t~r-~ Ci~ M~ager s Si~e Pla ' g ~d Zo~g Dkec~r~ Ci~ ARomey / F~ce / Hmn Resomces S:~l~ning~DX~ROJECTSWmefla~g~da Itm Request V~eti~ Vill~ NWSP 03~21 1-6-04.dot S:~E~O~S~GENDA I~M ~Q~ST FO~.D~ DEVELOPMENT DEPARTMENT PLANNTNG AND ZONTNG DI'VZSI'ON MEMORANDUM NO. PZ 03-295 STAFF REPORT TO: Chairman and Members Planning and Development Board and City Commission THRU: Michael Rumpf Planning and Zoning Director FROM: Eric Lee .]ohnson, AICP Planner DATE: December 11, 2003 PROJECT NAME/NO: Venetian Villas / NWSP 03-021 REQUEST: New Site Plan PROJECT DESCR~PI~ON Property Owner: RSPB, LLC Applicant: Venetian Villas, LLC in care of Mr. Michael Hoeflinger Agent: Mr. Michael Hoeflinger with AUantis Development Corporation Location: South side of Southwest 23"~ Avenue (Golf Road), west of Southwest 13~ Street, approximately 600 feet east of Congress Avenue (see Exhibit "A"- Location Map) Existing Land Use/Zoning: High Density Residential (HDR) / MulU-family ResidenUal (R-3) Proposed Land Use/Zoning: No change proposed Proposed Use: 50 fee-simple townhouse units at 10.64 du/ acre Acreage: 4.699 acres (200,376 square feet) Adjacent Uses: North: Right-of-way for Southwest 23rd Avenue (Golf Road), then developed single-family residenUal homes (Leisureville) with a Moderate Density ResidenUal (MDR) land use designation, zoned Single-family ResidenUal (R1-AA) and developed as a Planned Unit Development; South: Right-of-way for the Lake Worth Drainage District L-27 Canal, also known as the Staff Report- Venetian Villas (NWSP 03-021) Memorandum No PZ 03-295 Page 2 Lazy Lake Waterway, then farther south are single-family residential homes with a Low Density Residential (LDR) land use designation, zoned Single-family Residential (R1-AA); East: Right-of-way for Southwest 13m Street, then farther east are developed single- family homes with a Low Density Residential (LDR) land use designation, zoned Single-family Residential (R1-AA); and West: Developed residential (Homewood Residence) with a High Density Residential (HDR) land use designation, zoned Multi-family Residential (R-3), then farther west is the right-of-way for Congress Avenue. BACKGROUND Proposal: Mr. Michael Hoeflinger proposes to construct 50 fee-simple townhomes on a ~t.699- acre parcel in the R-3 zoning district. The project would be a gated community. The subject site is a portion of properties located on both the northeast and southeast comers of Southwest 23rd Avenue (Golf Road) and Congress Avenue. These properties (known as Alhambra Square South and Alhambra Square ACLF) were the subject of a 1989 "Stipulation and Settlement Agreement" (see Exhibit "D'3. This Agreement was forged between the property owners and the Ob/of Boynton Beach. While the Agreement allowed the property owner to rezone to the R-3 zoning district in order to allow for a higher density, it restricted the use of the property to an Adult Congregate Living Facility (ACLF) with at most, 248 beds. in September of 2002, Mr. Bob Bentz of Land Design South submitted a request to rezone the property from R-3 to Planned Unit Development (PUD) in order to construct 66 townhouse units. In August of 2000, a 3oint Motion and Agreed Order was authorized by the Court that allowed the review of an altemative development plan. If supported by the Planning & Development Board, the Court could be petitioned to amend the Agreement. The Board unanimously denied the request for site plan approval. Unable to review the plan, the City Commission on February 18, 2003, moved to request another court order to allow the Commission to review the proposed project. The desired court order was granted. Any new or substantial change to the existing application would need full review by staff, the Planning & Development Board, and the City Commission. This project is not a request to rezone to PUD and is a site plan only, wholly separate from the previous applicant. If this site plan were approved as proposed (with townhouses), the settlement agreement would have to be amended accordingly to lift the use restriction of the property to that of only an ACLF (see Exhibit "C"- Conditions of Approval). Additionally, the Agreement also currently govems building height, roof pitch, parking lot lighting, dumpster placement, use of the LWDD Canal right-of-way, buffering, and landscaping. Staff reviewed the proposed site plan to ensure compliance with the design guidelines of the Agreement (see Exhibit "C" - Conditions of Approval). Aside from the Agreement, townhouses are permitted uses in the R-3 zoning district. All proposed development would occur in one (1) phase. Staff Report- Venetian Villas (NWSP 03-021 ) Memorandum No PZ 03-295 Page 3 Site Characteristic: As previously mentioned, the subject property is a rectangular-shaped lot located on the south side of Southwest 23rd Avenue, east of Congress Avenue. According to the previous site plan staff report for Hampton Court (NWSP 02-023), the January 14, 2003 Environmental Assessment (submitted with Mr. Bentz request) indicated that the majority of the subject parcel had been previously cleared. The Assessment reports that the vegetation remaining on the parcel consists of a scattered slash pines and exotic trees and shrubs. The open areas on the site are comprised of disturbed open field over-grown with native and non-native weedy herbaceous plants. No endangered, threatened, or species of special concern as listed by the US Fish and Wildlife Service (USFWS) and Florida Fish Wildlife Conservation Commission (FFWCC) were observed on the project site. No unique or endangered habitat, migratory bird rookeries, wading bird habitat or colonial bird nesting / roosting areas are located on the subject site. Evidence of Osprey utilizing Australian and Slash pine trees as feeding perches was observed. However, the Osprey is not listed as a species of special concern in the State of Florida, except for in Monroe County. Also, no wetlands or other surface waters are located on this parcel. The survey shows that an asphalt path runs within the interior of the site starting at the terminus of the Southwest 13th Street right-of- way. The survey also shows that an abandoned 10-foot wide utility easement was located near the center of the property. ANALYSZS Concurrency: Traffic: A traffic statement for this project was submitted and sent to the Palm Beach County Traffic Division for their review and approval. The Palm Beach County Traffic Division determined that the project meets the Traffic Performance Standards of Palm Beach County. The anticipated build-out year is 2005. Drainage: Conceptual drainage information was provided for the City's review. The City's concurrency ordinance requires drainage certification at time of site plan approval. The Engineering Division is recommending that the review of specific drainage solutions be deferred until time of permit review, when more complete engineering documents are required. The on-site drainage system shall be accomplished via a combination of green swales, exfiltration trenches, and dry retention. The drainage design shall conform to the requirements of the City of Boynton Beach, South Florida Water Management District, and the Lake Worth Drainage District (LWDD). The paving, grading, and drainage plan shows an outfall into the LWDD canal. This point of outfall will require permits from the LWDD. According to the LWDD, when improving a piece of property that abuts an LWDD right-of-way, the developer is typically required to dredge or improve that portion of the right-of-way (canal) that directly abuts said property in case of an emergency (i.e. hurricane). If possible, City staff respectfully requests the applicant petition the LWDD to dredge the right-of-way adjacent to the subject property, to the minimal extent possible (to the satisfaction of the District) so as to not impact the flora and fauna that may be found in the LWDD right-of-way and providing additional buffer to adjacent single family residential (see Exhibit "C" - Conditions of Approval). Staff Report- Venetian Villas (NWSP 03-021 ) Memorandum No PZ 03-295 Page 4 School= The School District of Palm Beach County is currently reviewing the project for school concurrency purposes. As of today's date, no determination has been received from the District. Therefore, no building permits shall be issued unit the District approves the project (see Exhibit"C~ - Conditions of Approval). Driveways-' The site plan (sheet AS-Z) shows that the development's main driveway is proposed on Southwest 23r~ Avenue (Golf Road). This point of access would allow for both vehicular and pedestrian ingress / egress. ]t would be a gated entry. Two (2) vehicular ingress lanes and one (:[) vehicular egress lane is proposed at this driveway opening. A vehicle turn-around area would be provided as well. The Engineering Division of Public Works reviewed the vehicle turn-around area and determined that the queuing area would be adequate. A subordinate driveway opening is also proposed on Southwest 23rd Avenue, just west of the proposed main entry drive. This driveway would only allow for vehicular egress and for pedestrian ingress / egress. Similarly, it would also be gated. One emergency point of access is proposed at the southeast comer of the property, near the terminus of Southwest :[3th Street. This entrance / exit would be only be used for emergency vehicles if all other points of access were obstructed. It would remain as a fenced portion of the property but equipped with a Knox Box so that in case of emergency, vehicles could enter or exit the site without complication. Staff recommends Improving the unimproved portion of Southwest 13~ Street so that it would connect to the project's proposed point of emergency ingress / egress (see Exhibit "C" - Conditions of Approval). Parking Facility.' Two and three bedroom townhouse units would require two (2) parking spaces for each unit. The recreation area would require five (5) parking spaces. Based on the above-referenced methodologies, 105 parking spaces would be required for the proposed project. The site plan (sheet AS-l) shows that 115 parking spaces or an excess of 10 spaces would be provided. The project proposes several types of models, namely Unit "A" through Unit "D". Each type of unit would have two-car garages, except for Unit"A'; which would have a one-car garage. The driveways in front of Unit"A" however, would be large enough to accommodate one (:[) parked vehicle. Therefore, each unit would be able to comply with their off-street parking requirement regardless of the on-street parking that would be provided. The site plan (sheet AS-l) shows several parallel and 90-degree parking stalls. The detail of the parking spaces (as shown on sheet AS-Z) Indicates that the 90-degree parking stalls would be dimensioned 10 feet in width by 20 feet in length. The 90-degree handicap space would be 12 feet in width with five (5) feet of striping by 20 feet in length. The dimensions of the proposed parallel parking spaces would have to comply with Engineering Drawing K-1 (see Exhibit "C" - Conditions of Approval). The parking lot lighting is shown on the photometric plan (sheet ES-:[). The proposed outdoor freestanding lighting structures would be 25 feet in height and made of a concrete pole. The proposed lighting levels near the perimeter of the property would be minimal because the lighting poles would be located Internal to parcel, away from the abutting residential properties. This would comply with the lighting pole location restriction of the Agreement. However, a note on the plans Staff Report - Venetian Villas (NWSP 03-021) Memorandum No PZ 03-295 Page 5 indicates that the lights would comply with Chapter 23, Article I1.A. 1 of the Land Development RegulaUons, meaning that they will remain illuminated until 2:00 a.m. Therefore, the plans are in violaUon of this stipulation. Staff recommends the Agreement be amended to allow for code required lighting, illuminating the project similar to lighting levels on public streets (see Exhibit"C"- Conditions of Approval). Landscaping: The proposed pervious area of the parcel equals 1.645 acres or 35% of the total site. The Planting Data Table (sheet L-2) indicates that 56% of the shade / palm trees would be native. Over 67% of the shrubs and accents would be native. Rnally, 80% of the groundcover plant material would be native. The Table indicates that the plan would provide a total of 121 shade and palm trees, 1,837 shrubs and accents, and 485 groundcover plants. The width of the north (front) landscape buffer along Southwest 23"d Avenue (Golf Road) varies but would be at minimum, 15 feet in width and contain Brazalian Beauty Leaf, Simpson's Stopper and Purple Glory trees with a row of Redtip Cocoplum hedges installed at the base. An extra row of colorful Iow-growing groundcover would be required on the north side of the proposed row of Redtip Cocoplum hedges in order to comply with Chapter 7.5, Article 11, Section 5.D of the Land Development Regulations (see Exhibit"C"- Conditions of Approval). The west (side) landscape buffer width would vary but be at least 20 feet wide and contain 11 Gumbo Limbo shade trees. A row of Fakahatchee grass is also proposed along the perimeter of the western property line. The width of the south (rear) landscape buffer (adjacent to the Canal) varies but would be at minimum, 40 feet in width and contain a mixture of Live Oak and Sweet Mahogany trees with a row of Fakahatchee Grass installed along the southem perimeter. The trees within this buffer would be installed at varying heights (12 feet, 14 feet, and 16 feet). The developer wants to ensure that the views of the townhouse project would be screened at the upper (2"d story) levels so as to not impact the single-family neighborhood across the canal. However, on the subject property, direct visual access of the canal would be maintained at ground level just above the height of the Fakahatchee Grass. According to th'e developer, these units would be sold at a premium rate because of the "waterfront" characteristic. The Court Agreement also stipulates that "no parking spaces or improvements except landscaping shall be constructed or installed in the Lake Worth Drainage District "right-of-way" south of the Alhambra Square South and Alhambra Square ACLF parcels". The proposed plans comply with the Agreement. The width of the east (side) landscape buffer adjacent to Southwest 13u~ Street vades but would be at minimum, nine (9) feet wide. Similarly, this buffer would contain Uve Oak and Sweet Mahogany trees and a row Redtip Cocoplum hedges installed along the base. An extra row of Iow-growing groundcover plants would be required along the street side of the Redtip Cocoplum hedges. Within this buffer and similar to the southern buffer, staff recommends varying the heights of the proposed Uve Oak and Sweet Mahogany trees between 12 feet and 16 feet (see Exhibit "C"- Conditions of Approval). The Landscape Elevations (as shown on Staff Report -Venetian Villas (NWSP 03-021) Memorandum No PZ 03-295 Page 6 Sheet L-3) depict how the proposed landscape material would screen and soften the proposed development as viewed from the public rights-of-way. Buildings and Site: The proposed buildings and site design would generally meet code requirements when staff comments are incorporated into the permit drawings. According to the site plan (sheet AS-l), a six (6) foot high green aluminum picket fence would surround the entire property, except for along the southern property line adjacent to the LWDD canal. The fence is shown on the"Entry Gates Elevation" on sheet A- F-1. No other fence, except the require one around the pool area, are proposed now or in the future. No "buffer wall'; as required by the Agreement, is proposed along the south property line. The omission of the wall along the south property line violates this stipulation. Staff recommends a combination of wall / landscaping similar to the Homewood Residence be placed along the southem property line of the subject property (see Exhibit"C"- Conditions of Approval). This would require amending the Agreement. To avoid future confusion, staff is requesting the architect place a note on the site plan indicating that no provisions are made for future outdoor patios, internal fences, screen-roof, or solid-roof enclosures other than what is shown on the plan (see Exhibit "C"- Conditions of Approval). This note would be separate and apart from the limitations imposed by the Agreement. The 50 dwelling units are proposed within 10 separate buildings (Buildings "A" through ".1'7 on the 4.699-acre site. The proposed density is 10.64 units per acre, which would comply with the maximum allowed density of 10.8 dwelling units per acre of the High Density Residential (HDR) future land use designation. However, as previously mentioned, the Agreement would have to be amended to allow for a use other than an ACLF (or detached single family homes). All buildings combined would account for 29.15% lot coverage and are proposed as two (2) story structures. This would comply with the Agreement's limitation on the maximum number of stories. It would also comply with the maximum number of stories allowed in the R-3 zoning district. The tallest building would be 26 feet - five (5) inches in height. This needs to be itemized on the site plan tabular data (see Exhibit"C"- Conditions of Approval). The units would have either two (2) or three (3) bedrooms. The overall living area (from 1,560 square feet to 2,059 square feet) would vary between each unit type. The townhouse buildings would be setback as follows: 40 feet from Southwest 23~ Avenue (Golf Road); 20 feet from the west (side) property line; 20 feet from the east (side) property line along Southwest 13a Street; and 40 feet from the south (rear) property line along the LWDD Lazy Lake Canal. The project complies with the setback requirements of the R-3 zoning district. All buildings would be separated from each other by at least 13 feet. No dumpster enclosure is proposed. The developer proposed rollout container service for each unit. The Public Works Department has reviewed the plans and determined that rollout containers would work for the community. However, Public Works requests that future owners residing in the building labeled as Building (as shown on sheet AS-l) locate their containers across the street on the east side of Building "C" on trash pickup days due to their "right side pickup" equipment. Staff assumes that the rollout containers would be stored inside the garages during Staff Report- Venetian Villas (NWSP 03-021) Memorandum No PZ 03-295 Page 7 non-trash pickup days. The rollout containers would meet the intent of the dumps/er enclosure restriction of the Agreement. One (1) mail kiosk is proposed west of the building labeled as Building "E". This mail kiosk would serve the entire community. A handicap parking space would be provided near the mail kiosk. The project proposes a pool and cabana for its recreation area. To supplement the limited recreation and accessible green space proposed for the project, s/afl recommends incorporating a meandering pedestrian trail into the design of the southern landscape buffer, which would link to the internal walkway system (see Exhibit"C"- Conditions of Approval). The Fire Department and the Engineering Division of Public Works reviewed the entire site and determined the vehicular circulation and location of fire hydrants would be adequate. However, it should be noted that the 'q'" turn-around areas (also known as the Hammerhead), as proposed, would be insufficient for emergency and service vehicles. The "T" portion of the turn-around areas would have to be increased in length to comply with National Fire Protection Association (NFPA) standards. According to the Engineering Division, only minor changes are required in order to comply with NFPA standards. Nonetheless, the applicant will be required to submit a rectified set of plans that comply with NFPA standards pdor to the issuance of any building permits (see Exhibit"C"- Conditions of Approval). Design: The proposed project would be described as a "new urbanism" type of development. As previously mentioned, the buildings would be two (2) s/odes tall. The slope of the roof would be four and one-half ('tl/2) to 12, which would comply with the Agreement. The proposed buildings would pdmadly be comprised of earth tone colors. The building colors for Unit Type "A" and "D" are itemized as the following Benjamin Moore paints: Nugget (AC-9) and Yosemite Sand (AC-4). The columns, railings, and stucco bands would be painted off-white (Glacier White AC- 40) while the accent stucco at porches and balconies would be dark brown (Arroyo Red 2085-10). The front entry and garage doors would be dark green (Cushing Green HC-125). This would be the same color of the perimeter fencing. The building colors for Unit Type "B' and "C" are itemized as the following Benjamin Moore paints: Summerdale Gold (HC-17), Waterbury Cream (HC-31), and Windham Cream (HC-6). The columns, railings, and stucco bands would be painted white (Brilliant White) while the accent stucco at porches and balconies would be dark brown. Again, the front entry and garage doors would be the same (Cushing Green HC-125). All roofs would be made of S-tiles. The color palette for the pool cabana is different than from the townhomes. The roof would be standing seam metal and the building would be painted light pink (Benjamin Moore Light Mocha 29096-60). The stucco bands would be off-white (Glacier White AC-~t0). Signage: The elevations show that no building wall signs are proposed. An "entry wall" sign is proposed on each side of the project's main entrance. According to the Signage Wall Elevation (sheet A-F-l), the brass sign letters would read "Venetian Villas". The sign would be almost 32 square feet in area, which would comply with Chapter 21, Article ZV, Section 1.D of the Land Development Regulations. Staff Report - Venetian Villas (NWSP 03-021) Memorandum No PZ 03-295 Page 8 RECOMMENDA'I'~ON: The Technical Review Committee (TRC) has reviewed this request for new site plan approval. Staff recommends approval, contingent upon successfully 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:\Planning\SHARED\WP\PRO.1EC'I-SWenetian Villas\Staff Report. doc Location Map ~x.,~,~.^. 'VENETIAN VILLAS PUD C1 'R3 EXHIBIT "B" EXHIBIT "B" ...... VENETIAN VIL~S BOYNTON BEACH - FLORIDA EXHIBIT F-XHIBiT "B" · , . EXHIBIT "B" SW 23rd Ave. (GOLF ROAD) VENETIAN VILLAS JFS Design In BOYNTON BEACH, FL. S L~OSCAPEARCI~'EC?URE I Miami. FI., 331~ EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" 'lit EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" *'::::'*'*' '" ""' :iii ' ': ~ ~ ii~ffi;~1~I Ii: = ~. , . ~' -- ~, ':-"' :'¥ ': ;Iq ~i.: :: i ...... " "~ : '~ "' 1 ................. ~_-i---* ......... .;F~;c----: ..................... ~ EXHIBIT'"B" -~ ~ '"' ' l'-~s'~-' I~ I ' ~ ~ .~ . ~ r ~l il..... I .- : , · ~ -5% ~ - ~:~ ~' '~ ~ ' ExHIBIT"B" .., , ,., TI , , , , , , , : ~ ~%'~'"~'~'~ ~-?'~:~.~[;~'~"~'r~'~'~'~ r'~ ~ si i i i ~ i i ~ i ' ' i i ~ ~ i i ~ ~ ! i i I ~~-~ S.W. 13~ S~EET PROJECT: VENETIAN VILLA~ TEl. EXHIBIT "B" , ~ ' :;,.; ~ I~~lJe~N '~ ......................................... I~. vim ~s 0~.~= ~ ~~ ~ ~ E~nee~. ,_~ ~. 51 S.W. ll$ ~, UNff 637 ?' ~ ~ ~ ............. ' MIAMI, EORIDA 3~ , EXHIBIT"B- ' ' ' ' I _ ,~, MIA~, ~ ~ i ~, II I--i .~lll F~. -t ~-' r-~-~ ':. - S.W. 13~ STRE~ VENETIAN VlL~S '..JF s JFS_~.Design~lm SW 2~ Ave. (~F RO~) BOYNTON B~CH, FL A~NTIS D~ELOPMENT LLC ~.%~- Miami, FI., ~1~ ,' · ' ,' EXHIBIT "B" .' ,, EXHIBIT "B" '., .', EXHIBIT "B" EXHIBIT "B" '"x · VENETIAN VlLmS ml~i [u~ml:~t ~ :II ~ l ................................................... :~;~'.~._ )) .... ~ .... ~ .......... /1__ _J EXHIBIT "B" EXHIBIT "B" EXHIBIT 'B" = =: ,= .... .. ii ................... I il!, ~.,, ~"1i VENETIAN VILUS ::], ,~. , .... , . ....... z EXHIBIT "B" EXHIBIT "B" EXHIBIT "B' EXHIBIT 'B" ~ -?~. ~ ..... , ....... ,~-~~~:~-.. ...... ...... ~ ~ ~ ........... . .... ....................................................... *_~:: _. ]L.._~.. '__ ]1 ............ ~, ...... EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" EXHIBIT "C" Conditions of Approval Project name: Venetian Villas File number: NWSP 03-021 Reference: 2nd review plans identified as a New site Plan with an December 2, 2003 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: 1. Public Works requests that future owners residing in the building labeled as X Building "C" (as shown on sheet AS-l) would locate their containers across the street on the east side of Building "C" on trash pickup days. PUBLIC WORKS - Traffic Comments: 2. Permits will be required from Palm Beach County for driveways proposed X onto Southwest 23ra Avenue (Golf Road). 3. The proposed shunt tumarounds do not meet minimum City standards (City X Standard Drawing P-10). The design of the tumarounds can be addressed at the time of permitting. 4. Improve (with an acceptable surface material) that portion of the Southwest X 13th Street cul-de-sac so that it connects with the project's proposed point of emergency vehicle ingress / egress, located at the southeast comer of the subject property (Chapter 6, Article IV, Section 1.A.4.). The site plan (sheet AS-l) shows that the "connected" portion of Southwest 13th Street would be approximately 18 feet in width. ENGINEERING DIVISION Comments: 5. At the time of permitting, the dimensions of the proposed parallel parking X spaces would have to comply with Engineering Drawing K-1. 6. At the time of permitting, all comments requiring changes and/or corrections X to the plans shall be reflected on all appropriate sheets. 7. All engineering construction details shall be in accordance with the applicable X City of Boynton Beach Standard Drawings and the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction permit application. COA 12/19/03 2 DEPARTMENTS INCLUDE REJECT UTILITIES Comments: 8. All utility easements shall be shown on the site plan and landscape plans (as X well as the water and sewer plans) so that we may determine which appurtenances, trees or shrubbery may interfere with utilities. In general, palm trees will be the only tree species allowed within utility easements. Canopy trees may be planted outside of the easement so that roots and branches will not impact those utilities within the easement in the foreseeable future. The LDR, Chapter 7.5, Article I, Section 18.1 gives public utilities the authority to remove any trees that interfere with utility services, either in utility easements or public rights-of-way. 9. Water and sewer lines to be owned and operated by the City shall be included X within utility easements. Please show all proposed easements on the drawings, using a minimum width of 12 feet. Wider easement widths may be required based on depth of sanitary sewer. 10. Palm Beach County Health Department permits will be required for the water X and sewer systems servin~ this project (CODE, Section 26-12). 11. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m, as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (CODE, Section 26-16(b)). 12. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid X for this project either upon the request for the Department's signature on the Health Department application forms or within 30 days of site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. 13. A building permit for this project shall not be issued until this Depamnent has X approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. Comments: 14. Prior to Fire Department approval of a building permit, new construction X projects must provide the results of a hydrant flow test indicating a fire flow not less than 1500 gpm ~ 20 psi above domestic use. This applies to new or existing hydrants within the required 200 feet of the facility. COA 12/19/03 3 DEPARTMENTS INCLUDE REJECT 15. The Fire Department will require a Knox or key activated lock at the alternate X points of emergency access. POLICE Comments: None X BUILDING DIVISION Comments: 16. 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 ASCE 7, Chapter 6, and the provisions of 2001 FBC, Section 1606 (Wind Loads). 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. 17. At time of permit review, submit signed and sealed working drawings of the proposed construction. 18. Identify within the site data the finish floor elevation (lowest floor elevation) X that is proposed for the building. Verify that the proposed elevation is in compliance with regulations of the code by adding specifications to the site data that address the following issues: The design professional-of-record for the project shall add the following text to the site data. "The proposed finish floor elevation __ NGVD is above the highest 100-year base flood elevation applicable to the building site, as determined by the SFWMD's surface water management construction development regulations." 19. A water-use permit from SFWMD is required for an irrigation system that X utilizes water from a well or body of water as its source. A copy of the permit shall be submitted at the time of permit application, F.S. 373.216. 20. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: · The full name of the project as it appears on the Development Order and the Commission-approved site plan; · If the project is a multi-family project, the building number/s must be provided. The building numbers must be the same as noted on the Commission-approved site plans; · The number of dwelling units in each building; · The number of bedrooms in each dwelling unit; COA 12/19/03 4 DEPARTMENTS INCLUDE REJECT · The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34). 21. At time of building permit application, submit verification that the City of X Boynton Beach Parks and Recreation Impact Fee requirements have been satisfied by a paid fee or conveyance of property. The following information shall be provided: · A legal description of the land; · The full name of the project as it appears on the Development Order and the Commission-approved site plan; · If the project is a multi-family project, the building number/s must be provided. The building numbers must be the same as noted on the Commission-approved site plans; · The number of dwelling units in each building; · The total amount being paid; (CBBCO, Chapter 1, Article V, Section 3(0). 22. Light poles shall be designed to withstand 140 mph wind loads per 2001 X FBC, Section 1606. 23. Site lighting shall comply with CBBCO, Chapter 23, Article II (A)(1)(a). A X minimum average light level of one-foot candle shall be provided, with no more than 10 percent of the spot readings below one-foot candle and none below one-half foot candle. PARKS AND RECREATION Comments: 24. Recreation Facilities Impact Fee: X · 50 single Family attached Units X $770 ea = $38,500; · Fee is due at the time of the first applicable building permit. FORESTER/ENVIRONMENTALIST Comments: 25. The Landscape Architect should review the tabular mitigation for the 408- X caliper inches of existing trees proposed to be removed and show all 408- caliper inches of replacement trees as Quercus virginiana, and / or Swetenia mahogany. These replacement trees should be of the height, canopy spread and caliper to visually buffer the proposed structures between the top of beam and top of ridge building heights. These replacement trees should be located along the South and East property areas and shown by a separate symbol on COA 12/19/03 5 DEPARTMENTS INCLUDE REJECT the landscape plan. The replacement trees should be placed along the outside perimeter of the buildings to visually screen the structures from the surrounding residential neighborhoods. 26. The Tree & Palm Planting Detail should include a line on the drawing X indicating where the: · diameter at breast height (4.5 feet off ground) of the trees are to be measured for a minimum of three (3) inches caliper at time of planting; · overall height of the tree or palm is to be measured at time of planting; · clear trunk, clear wood, gray wood or trunk is to be measured at time of planting. 27. The applicant should show an elevation cross-section detail indicating how X the height of the proposed landscape material will visually buffer the proposed driveway areas from the Golf Road and S.W. 13th Street rights-of- way. PLANNING AND ZONING Comments: 28. The project must obtain approval from the School District of Palm Beach X County regarding school concurrency prior to the issuance of a building permit. It would be preferable to have this approval prior to the Planning & Development Board meeting (December 18, 2003). 29. The site plan should indicate the FLU and the Official zoning districts for the X abutting properties. 30. Place a note on the site plan: No provisions for outdoor patios, interior X fencing, screen enclosures, or solid-roof enclosures. Any future request would require a major site plan. This note will help to avoid confusion in the furore when project is built out. 31. On the landscape plan, ensure that the plant quantities match between the X tabular data and the graphic illustration. 32. An extra row of colorful low-growing groundcover would be required within X the north and east landscape buffers (on the street side of the Cocoplum hedges) in order to comply with Chapter 7.5, Article II, Section 5.D of the Land Development Regulations. 33. The Stipulation and Settlement Agreement requires that the Alhambra Square X South and Alhambra Square ACLF: Building height shall not exceed two (2) stories. The plans comply and therefore, staff has no recommendation. Plans must remain consistent with agreement or amend agreement as necessary. The site plan (sheet AS-l) must be corrected to indicate that two (2) stories and 26 feet - five (5) inches are proposed rather than three (3) stories / 29 COA 12/19/03 6 DEPARTMENTS INCLUDE REJECT feet. 34. The Stipulation and Settlement Agreement requires that the Alhambra Square X South and Alhambra Square ACLF: Roof pitch not steeper than 4:12. The plans comply and therefore, staff has no recommendation. Plans must remain consistent with agreement or amend agreement as necessary. 35. The Stipulation and Settlement Agreement requires that the Alhambra Square X South and Alhambra Square ACLF: All dumpsters to be located away from adjacent residential areas, and at least one hundred feet from the south property line of the Alhambra Square South and Alhambra Square ACLF Parcels. The plans comply since no dumpster enclosure is proposed and therefore, staff has no recommendation. Plans must remain consistent with agreement or amend agreement as necessary. 36. The Stipulation and Settlement Agreement requires that the Alhambra Square X South and Alhambra Square ACLF: Use of the property shall be limited to an Adult Congregate Living Facility. The proposed use violates this stipulation. Staff recommends amending the Agreement so that there is no violation. The Agreement must be amended to allow the proposed unit (townhouse) types. If not amended, the plans must be modified to comply with the stipulation. 37. The Stipulation and Settlement Agreement requires that the Alhambra Square X South and Alhambra Square ACLF: A combination of landscaping and wall (the "Wall") shall be constructed on the south property line of the Alhambra Square South and Alhambra Square ACLF parcels. The plan and design of the Wall shall be coordinated with and approved by the governing Associations of the adjacent residential property. Approval of the Wall shall not be unreasonably withheld by the governing associations, the Wall shall be constructed at no cost or expense to the governing associations. The lack of the wall along the south property line violates this stipulation. Staff recommends a combination of wall / landscaping similar to the Homewood Residence to be placed along the southern property line of the subject property. This would require amending the Agreement. 38. The Stipulation and Settlement Agreement requires that the Alhambra Square X South and Alhambra Square ACLF: Parking lot lighting shall be shaded and shielded so as to not shine directly into adjacent residential areas; parking lot lighting shall not be illuminated after 11:00 p.m.; parking lot lighting poles shall be at the minimum height permitted or allowable by BOYNTON BEACH. A note on the plans indicates that the lights would comply with Chapter 23, Article II.A. 1 of the Land Development Regulations, meaning that they will remain illuminated until 2:00 a.m. Therefore, the plans are in violation of this stipulation. Staff recommends amending the Agreement so that there is no violation, however, if restrictions are placed on project lighting, the lighting should not be below the typical lighting levels of public streets. COA 12/19/03 7 DEPARTMENTS INCLUDE REJECT 39. The Stipulation and Settlement Agreement requires that the Alhambra Square X South and Alhambra Square ACLF: At such time as building plans are presented to BOYNTON BEACH for permit, copies of the Wall plan and site plan shall be submitted to the governing associations. Staffhas no opinion on this requirement. 40. The Stipulation and Settlement Agreement requires that the Alhambra Square X South and Alhambra Square ACLF: No parking spaces or improvements except landscaping shall be constructed or installed in the Lake Worth Drainage District "right-of-way" south of the Alhambra Square South and Alhambra Square ACLF parcels. The plans comply and therefore, staff has no recommendation. 41. The Stipulation and Settlement Agreement requires that the Alhambra Square X South and Alhambra Square ACLF: Deceleration entry lanes shall be provided at each entrance if deemed necessary by BOYNTON BEACH. The plans comply and therefore, staffhas no recommendation. 42. Due to the limited amount of dedicated recreation / open space, staff X recommends incorporating a meandering trail into the design of the southern landscape buffer. 43. Staff recommends varying the heights of the proposed Live Oak and Sweet X Mahogany trees proposed within the east landscape buffer (between 12 feet and 16 feet). 44. If possible, City staff respectfully requests the applicant petition the LWDD X to dredge the right-of-way adjacent to the subject property, to the minimal extent possible (to the satisfaction of the District) so as to not impact the flora and fauna that may be found in the LWDD right-of-way. ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS: Comments: 45. To allow the applicant and staff to work together (prior to the City X Commission meeting) to re-examine conditions #24 and #25 for completeness and accuracy. If the conditions are in fact correct as it relates to the proposed site plan, the applicant agrees to the conditions. 46. Regarding condition of approval #37: In lieu of a buffer wall, the developer X will provide adequate landscaping (shrubs) along the southern property line adjacent to the LWDD canal, in order to provide screening and security. The omission of a buffer wall would require amending the Stipulation and Settlement Agreement. ADDITIONAL CITY COMMISSION COMMENTS: COA 12/19/03 DEPARTMENTS INCLUDE REJECT Comments: 46. To be determined. MWR/elj S:\Planning\SHARED\W P\PROJECTS\Vonotian Villas\COA.doc VI.-CONSENT AGENDA ITEM D.5 CITY OF BOYNTON BEA£ AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must bc Turned Requested City Commission Date Final Form Must bc Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1, 2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the January 6, 2004 City Commission Agenda under Consent Agenda. The Planning and Development Board with a 4 to lvote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-300. EXPLANATION: PROJECT: Krispy Kreme (MSPM 03-012) AGENT: Michelle Hoyland, Jason Mankoff with Weiner & Aronson, P.A. OWNER: Dynamic Doughnuts, Inc. LOCATION: 640 West Boynton Beach Boulevard DESCRIPTION: Request for Major Site Plan Modification approval for a 20 foot tall "pole sign" on a 1.04-acre parcel in a C-2 zoning district. PROGRAM IMPACT: FISCAL IMPACT: ~ Developn~ar~n"~n"i'~c~oorX City Manager's Signature Planning and Zo ector City Attorney / Finance / Human Resources S:~Ianning~SHARED\WPXPROJECTS~xispy k~cmeWISPM 03-012XAgenda Item Request Krispy lr~eme MSPM 03-012 1-6-04.dot S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNZNG AND ZONZNG DI¥/SZON MEMORANDUM NO. PZ 03-300 STAFF REPORT TO: Chairman and Members Planning & Development Board and City Commission THRU: Michael Rumpf~~)~ Planning and Zoning Director FROM: Eric Lee Johnson, AICP Planner 7 DATE: December 10, 2003 PROJECT NAME/NO: Krispy Kreme / MSPM 03-012 REQUEST: Major Site Plan Modification PRO3ECT DESCP~P'I'ZQN Property Owner: Dynamic Donuts, Incorporated ApPlicant: DYnamic Donuts, Incorporated Agent: Ms. Michelle Hoyland with Weiner & Aronson, P.A. Location: Northwest 1st Avenue (between NWIm Avenue and Boynton Beach Boulevard (SR804) east of NW 7th Street). West Industrial Avenue intersects with Boynton Beach Boulevard immediately north of the subject property (see Exhibit"A"- Location Map) Existing Land Use/Zoning: Local Retail Commercial (LRC) / Neighborhood Commercial (C-2) Proposed Land Use/Zoning: No change Proposed Use: Request major site plan modification to construct a 20-foot tall pole sign, which would replace an existing eight (8) foot tall monument sign on a 1.04-acre parcel in the C-2 zoning district Acreage: 1.04 acres (45,470 square feet) Adjacent Uses: North: Right-of-way of West Boynton Beach Boulevard (SR 804), then property classified Local Retail Commercial (LRC), zoned Neighborhood Commercial (C-2), and developed with a service station (Texaco) to the northwest; to the northeast the Staff Report- Krispy Kreme (MSPM 03-012) Memorandum No PZ 03-300 Page 2 intersection of Boynton 8each Boulevard and West Industrial Avenue and farther east, right-of-way of Industrial Avenue then developed property classified Industrial (I) and zoned Light Industrial (M-l) (the locations of Uoyds Auto Electric and Foster Oil); South: Right-of-way of NW 1~t Avenue, then property classified Low Density Residential, zoned Single family Residential (R-l-A) and developed with single family homes; East: Property classified Medium Density Residential (MeDR), zoned Duplex Residential (R-2) and developed with duplex (two-family) homes; and West: Developed property classified Local Retail Commercial (LR¢), zoned Neighborhood Commercial (C-2) and occupied by a dental/medical office building. BACKGROUND Proposal: Ms. Michelle Hoyland, agent for Dynamic Donunts, Incorporated is requesting a major site plan modification to replace an existing eight (8) foot tall monument sign with a 20-foot tall aluminum pole sign for the Krispy Kreme donut shop, located at 640 West 8oynton Beach Boulevard. Site Characteristic-- Originally, the Kdspy Kreme parcel consisted of three (3) separate lots with different zoning districts. The eastern portion (0.26-acres) was zoned R-2 and the westem portion (0.78-acres) was zoned C-2. The project included the approval of a concurrent rezoning application (LUAR 01-008) that changed the underlying land use from R-2 to C-2. The developer razed the two family dwelling units that were built on the eastern lot and combined it with the commercially-zoned lot. The drive through facility for the restaurant required conditional use approval. The City Commission approved the Kdspy Kreme project (COUS 01-005) on .lanuary 15, 2002. The site plan (sheet S1) shows the location of the existing monument sign. The structure was approved at eight (8) feet in height and sits 10 feet away from both the west and north property lines. The abutting Boynton Beach Boulevard right-of-way varies in width. In fact, the abutting right-of-way is much wider along the eastem portion of the property than it is on the western portion of the property. However, the entire portion of the right-of-way that abuts the subject property is a grassy swale area and is to remain free from visible obstruction. ANALYSIS Concurrency: Traffic: The proposed 20-foot tall pole sign would have no impact on traffic and therefore, the project meets the Traffic Performance Standards of Palm Beach County; Drainage: The proposed 20-foot tall pole sign would replace the existing monument sign. This would have little or no impact on drainage; School: School concurrency would not be applicable to this type of project of modification. Staff Report- Krispy Kreme (MSPM 03-012) Memorandum No PZ 03-300 Page 3 Driveways: The site plan (sheet S1) shows an existing ddveway opening on Boynton Beach Boulevard. It would not be altered as a result of this request for major site plan modification. Parking Facility: Restaurants require one (1) parking space per 100 square feet of gross floor area. Therefore, a total of 47 parking spaces are required. The site plan (sheet S1) shows that 53 spaces have been provided. No parking lot changes are proposed as a result of this request for major site plan modification. Landscaping: The existing pervious or"green" area is 8,280 square feet or 18% of the total site. Much of the perimeter of the site is constrained with overhead power lines. Most tall growing palm and shade trees would conflict with the guidelines of Florida Power & Light's"Right Tree, Right Place" publication. However, when the project was originally site planned, an attempt was made to buffer the subject commercial property from the adjacent residential properties. The developer installed seven (7) :Ironwood shade trees spaced every 20 feet along the east property line and eleven (11) Cassia shade trees were installed every 25 feet along the southern property line. Chapter 7.5 of the Land Development Code only required one (1) tree spaced every 30 feet along these properly lines. The aforementioned trees were placed in such a way as to create a continuous upper level canopy, serving as a formidable uninterrupted buffer along the east and south property lines. The landscape plan (sheet L1) that was approved with the original application showed Cassia trees installed along the north property line within the front landscape buffer. These trees, installed at 12 feet in height, will eventually grow up to 25 feet in height. The IocaUon of the existing freestanding sign, if allowed at 20 feet in height, would conflict with the canopy of the existing shade trees. This conflict is the reason why staff recommended that the freestanding sign be eight (8) feet in height. Also, staff acknowledges that properLy owners want the freestanding signs to as close to the roadways as possible for higher degree of visibility. Staff has no objection to this need. However, the problem arises when a conflict occurs between the visibility of a sign and the mature canopy of a tree. The intent of the Land Development Regulations is often circumvented when, after installation and maturity, a property owner "hatracks' or removes the trees because it obstructs views to project signage. Installing a 20-foot tall pole sign now is really just a short-term solution for the property owner that would lead to conflict in the future. Staff analyzed the status quo and made some recommendations to the Land Development Regulations that were approved by the Community Redevelopment Agency, Planning & Development Board and City Commission. This is discussed in the "Signage' section below. Building and Site: The building and overall site design would not be altered as a result of the proposed major site plan modification. Design: The building and overall design of the site would not be altered as a result of the proposed major site plan modification. Signage: The current Land Development Regulations regarding commercial and industrial signage allows freestanding pole, pylon and monument signs up to 20 feet in Staff Report - Krispy Kreme (MSPM 03-012) Memorandum No PZ 03-300 Page 4 height. Staff has been successful in negotiating with developers for lower monument signs (ground signs) limited to correspond with project scale and city direction. Increasingly, developers of smaller sites have been more resistant to staff's overtures, instead looking to increase their visibility and marketability by proposing pylon signs at the maximum 20-foot limit. This project would represent such an example of a developer who wants a taller sign. However, with keeping the sign heights at bay, the more recently approved projects have gone a long way to improve the visual Image of the city. Still, by code, all of the commercial projects and industrial projects approved within the last few years could have had a 20-foot tall pylon sign in front of their respective businesses which, if approved, would likely have conflicted with the vision held for the City as well as with the stated purpose of the City's sign regulations. The purpose of the City's sign regulations is, in part, to "...promote the ...aesthetics of the City". In October of 2003, staff analyzed the Land Development Regulations with special emphasis on the maximum allowable sign height and allowable type of freestanding structures. Staff proposed several amendments to the code (PS~Z Memo No. 03-246). Proposed amendments to the code that would directly impact this project include the following recommendations: 1. Eliminate pylon sign as an allowable sign type in the sign code. Pylon signs are defined as signs that are on a freestanding pole(s) or other freestanding support so that the bottom edge of the sign face is 6-feet or more above grade. Currently these signs are allowed up to a height of 20- feet; 2. Amend the definition of freestanding sign to read: a monument or ground- mounted sign identifying the use of the property upon which it is located. Ground-mounted signs may be supported by one or more poles, provided that the bottom of the sign or cabinet is no more than two (2) feet above grade and that the poles and complete length of the sign or cabinet are dad in the same or like material, completely to the ground. Alternatives to the cladding requirement may be considered if the design of the sign follows the architectural design of the building(s); 3. Add a requirement of all new freestanding signs, that the numerical address be an integral and prominent part of the sign; and 4. For all single tenant sites and all multiple tenant sites under four (4) acres, monument signs shall be the only type of freestanding sign allowed. On roadways of 6 travel lanes or greater, a monument sign may not exceed 12~feet in height. On roadways consisting of 4 travel lanes, a monument sign may not exceed 8-feet in height. Other criteria such as surrounding properties, spccd limit and scale of the project may be justification for the further reduction in maximum height to a 6-foot limitation. On roadways consisting of 2 travel lanes, a monument sign may not exceed 6-feet in height. Again, special circumstances (such as those noted above) may justify a further reduction in sign height. Staff Report - Krispy Kreme (MSPM 03-012) Memorandum No PZ 03-300 Page 5 It is obvious that the proposed 20-foot pole sign would be in violation of all proposed amendments to the Land Development Regulations. The proposed structure is a"pole" style sign. The changes to the Land Development Regulations would only allow a "monument" style sign, which is defined above. Also, the Wesco Sign elevation shows no site address. This would be in violation of #3. Finally, under the new code, this property would be eligible for only a 12 foot tall monument sign, not a 20-foot tall sign, as proposed. Therefore, the proposed project would be in direct violation of a majority of the proposed text amendments. The Planning & Development Board on October 29, 2003, the Community Redevelopment Agency on October 30, 2003, and the City Commission on December 2, 2003 approved the above-referenced text amendments. The second reading of the ordinance adopting the amendments is scheduled for December 16, 2003. The proposed project resembles the type of sign products that represent inconsistent sign patterns throughout major arterials such as Okeechobee Boulevard in West Palm Beach or International Drive in Orlando. It is the opinion of staff that this is not the desired image of Boynton Beach Boulevard or the City of Boynton Beach. The subject request for major site plan modification was filed prior to the second reading of the above-referenced ordinance, and therefore, is eligible for processing. The applicant maintains that there is little visibility from the west to the east for the sign where it is currently placed, in part, because of the presence of another tall project sign, which is located on the abutting property directly to the west. The originallexisting sign location was apparently selected as a factor of adjacent right-of-way width. At its current location, the width of the right-of-way is the narrowest. Although it is typically preferable to locate a project sign at the project entrance, that location would maximize its distance from the improved right-of-way, and has limited space due to the location of the hydrant, parking spaces, and adjacent landscape buffer. Alternatively, due to the limited space and setback requirements, staff would support the elimination of a parking space (the project was approved with a surplus of 7 spaces), adjustments to the landscaping to maximize visibility while maintaining compliance with code, and a setback variance which may be justified by the unique, unimproved right-of-way adjacent to the project. This all may be necessary to accommodate the sign at the preferred location, the project entrance, which would also separate the sign from the larger, adjacent sign that is currently impacting views to the subject sign (see Exhibit"C"- Conditions of Approval). RECOMMENDA'I'~ON: The Technical Review Committee (TRC) has reviewed this request for major site plan modification and is recommending that the request be denied, based on the pending sign code changes, and as further justified above. If the application is supported by the Commission, staff recommends that the approval be subject to the conditions Indicated in Exhibit"C". This list indudes the condition that the sign be located near the project entrance Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S:\PlannJng~SHARED\WP\PRO.1ECTS~krispy kreme\l~lSPM 03-012\Staff Report.doc ~1~ EXHIBIT "A" I in. = 130.0 feet KRISPY KREME ' EXHI BIT "B" l EXHBIT "C" Maior Site Plan Modification Project name: Krispy Kreme File number: MSPM 03-012 Reference: lStreview plans identified as a Maior Site Plan Modification with an October 22, 2003 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: None X ENGINEERING DIVISION Comments: None X UTILITIES Comments: 1. At the time of permitting, provide a plan that shows all easements so that it X may be verified that the monument sign is a minimum of 10 feet away from any utility main or service lateral. 2. The provided plans should reflect existing conditions. Work is shown on the X provided site plan that indicates proposed work. At the time of permitting, please revise the plans accordingly. FIRE Comments: None X POLICE Comments: None X BUILDING DIVISION Comments: 3. 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 ASCE 7, Chapter 6, and the provisions of 2001 FBC, Section 1606 (Wind Loads). 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. Clearly show the location and height of the existing sign on the drawings. New wind load COA 12/19/03 2 DEPARTMENTS INCLUDE REJECT calculations shall be submitted at the time of permit application. 2001 FBC 1606.1. 4. At time of permit review, submit signed and sealed working drawings of the X proposed construction. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: 5. The owner shall replace all of the dead trees on the site. There are two (2) X dead trees on the north side of the site next to the Cassia trees. There are also six (6) to eight (8) dead trees along the outside (south) landscape buffer next to the other Cassia trees. PLANNING AND ZONING Comments: 6. Staff recommends that the applicant relocate the existing sign structure to the X east rather than erecting a 20-foot tall pole sign. A possible solution would be for the monument sign to be located near the main entrance. A variance request should be explored with staff (for a sign closer than 10 feet from the property line as normally required by code) due to the possibility of a hardship of such a wide Boynton Beach Boulevard ri~rht-of-wa7. ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS: Comments: 7. None X ADDITIONAL CITY COMMISSION COMMENTS: Comments: 8. To be determined. S:\Planning\SHARED\WP~PROdECTS\kfispy kreme\MSPM 03-012\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Krispy Kreme APPLICANT'S AGENT: Ms. Michelle Hoyland with Weiner & Aronson, P.A. APPLICANT'S ADDRESS: 102 North Swinton Avenue Delray Beach, FL 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 6, 2004 TYPE OF RELIEF SOUGHT: Major site plan modification to construct a 20-foot tall pole sign in place of an existing eight (8) foot tall monument sign on a 1.04 acre pamel in the C- 2 zoning district LOCATION OF PROPERTY: 640 West Boynton Beach 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 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~krispy kreme\MSPM 03-012\DO.doc VI. 'CONSENT AGENDA ITEM D.6 CITY OF BOYNTON BEA AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be 'Fumed Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1, 2003 (Noon) [] February 17, 2004 Febma~ 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the January 6, 2004 City Commission Agenda under Consent Agenda. The Planning and Development Board with a 4 to 1 vote, recommended that the subject request be approved, subject to modification of staff comments (#17 and #20) to require a minimum tree height of 35 feet along the north side of the project, place plantings closer to adjacent residences and provide a method of addressing issues the residents raise following approval of the project involving line of sight and screening. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-299. EXPLANATION: PROJECT: Bethesda Memorial Hospital Parking Garage (MSPM 03-010) AGENT: Shayne Conover and Kieran Kilday, Kilday & Associates, Inc. OWNER: Bethesda Memorial Hospital, Inc. LOCATION: 2815 South Seacrest Boulevard DESCRIPTION: Request for Major Site Plan Modification approval for a 82,500 square foot parking structure on an existing surface parking lot in a Public Usage (PU) zoning district. PROGRAM IMPACT: ~_ FISCAL IMPACT: ALTERNATIVES:~ ~ yL~L~?~O~ Developm~D~partnlent Director 'r %L~ty l~/Ianager's Signature ~' lanning and Zoning DirectgX'/ City Attorney / Finance / Human Resources J:\SHRDATAWLANNING\SHARED\WP'xPROJE~I'S~BETHESDA'uMSPM 03-010',Bethesda Mem. Hosp. Pk Garage MSPM 03-010 1-6-04.doc S :~BULLETIi~FORMSLa~GENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNt'NG AND ZONt'NG DZVZS~'ON MEMORANDUM NO. PZ 03-299 STAFF REPORT TO: Chairman and Members Planning and Development Board and City Commission THRU: Michael Rumpf"~(',~'~-'~ Planning and Zoning Director FROM: Ed Breese ~ Principal Planner DATE: December 9, 2003 PRO3ECT NAME/NO: Bethesda Memorial Hospital Parking Garage / MSPM 03-010 REQUEST: Major Site Plan Modification PRO3ECT DESCRZP'I~ON Property Owner: Bethesda Memorial Hospital, Thc. Applicant: Shayne Conover/Kieran Kilday, Kilday & Associates, ]nc. LocaUon: 2815 South Seacrest Boulevard (see Exhibit "A'- LocaUon Map) Existing Land Use/Zoning: Public & Private, Governmental/TnsUtutional (PPG]:) / Public Use (PU) Proposed Land Use/Zoning: No change Proposed Use: Construction of an 82,500 square foot / 4 level parking garage for employees and visitors Acreage: 24.22 acres (total hospital site) / 3.2 acres (garage site) Adjacent Uses: North: SW 23~d Avenue right-of-way, and then farther north RidgePointe Woods residenUal development; South: The 4 story Hospital complex, and then farther south Boulevard Manor Nursing Center; East: Single-family residential and a medical office building; and West: Bethesda Memorial Hospital parking, and then farther west single-family residenUal. Staff Report- Bethesda Memorial Hospital (MSPM 03-010) Memorandum No PZ 03-299 Page 2 Site Characteristic: The Site Data prepared by Kilday & Associates indicates that the site has been developed with a 587,536 square foot hospital facility containing 300 beds, a daycare center, a total of 1,035 on-site parking spaces (148 off-site) and approximately 23% landscape area. Proposal: Bethesda Memorial Hospital is requesting to construct an 82,500 square foot / 4 level parking garage for employees and visitors that will accommodate 883 vehicles. Concurrency: Traffic: No additional traffic is anticipated, as parking structures themselves do not inherently generate traffic. Palm Beach County Traffic Engineering has confirmed a traffic study is not required for this structure. Drainage: A preliminary drainage plan has been submitted and reviewed by the Engineering Division and found to be adequate. A more detailed analysis will be submitted at time of permitting (see Exhibit "C" - Conditions of Approval). School: School concurrency is not required for this type of project. Driveways: The proposal to construct this new parking structure over an existing parking lot does not modify any of the existing driveways entering or exiting the Bethesda Memorial Hospital grounds. Some internal drculation roadways will be slightly modified for access to the structure and to improve circulation on the site. Parking Facility: The Site Plan prepared by Kilday & Associates provides a list of the different uses and parking requirements of each. in accordance with City parking codes, the plan indicates 300 hospital beds @ 2.5 parking spaces required per bed for a total of 750 parking spaces. Additionally, the daycare center comprises 7,500 square feet with a parking requirement of I parking space per every 300 square feet, for a total of 25 parking spaces. Lastly, the utility building totals 8,968 square feet with a parking requirement of I parking space per every 500 square feet, for a total of 18 parking spaces. The sum total of required parking, based on the number of beds and andllary structures, is indicated on the plans as 793 parking spaces. Based upon the Site Plan and a Parking Planning Study prepared in May, 2002, the Hospital provides 1,183 parking spaces (1,035 on-site and 148 off). By the numbers, the Hospital meets City parking codes and provides 390 excess parking spaces. According to the May, 2002 Parking Planning Study conducted for Bethescla Memorial Hospital, only 1,000 on-site parking spaces were available at the time of the study due to Staff Report- Bethesda Memorial Hospital (MSPM 03-010) Memorandum No PZ 03-299 Page 3 construction trailers and lay-down areas for on-going work on the Hospital, reducing the number of excess parking spaces to 355. The Site Plan depicts the addition of 23 handicap parking spaces with this project for a total of 52, with a code requirement for only 28. The 2002 Parking Planning Study also reviewed the parking demand in present day and a 2010 planning horizon. The current planning deficit was determined to be 198 parking spaces, with a shortfall of 693 by the year 2010. Since the time of the study, the Hospital received approval for two physician parking structures totaling 85 parking spaces. As a part of that approval, 12 parking spaces will be eliminated with the new construction, resulting in a net addition of 73 spaces. With the construction of the parking structure proposed in this application, 661 new parking spaces will be added to the site (883 spaces within the garage + 9 spaces added by realignment of an intemal circulaUon road, minus 231 spaces eliminated for construction of the garage). The consultant has indicated that the Hospital will operate a shuttle bus for their employee parking (2,~7 spaces) that will be disrupted during the construction of the parking garage. They intend to utilize their satellite parking approximately 1.5 miles away. Landscaping: The proposed pervious or "green" area of the property with the construction of the parking structure, according to the Site Plan (Sheet S-1.1), would be 23.1%. The Plant List (Sheet LP-1.5) indicates that 266 trees, 2,716 shrubs and ground cover in the amount of 2,062 specimens are being provided. Typical trees being uUIized in the planting scheme include Live Oak, Cattley Guava and Slash Pine trees and Royal, Sabal, Washington and Solitaire palms. Shrub material selected for the site include Sea Grape, Cocoplum, Ixora Nora Grant, Firebush and Beauty Berry. Four Tibouchina trees are proposed to be planted at the entrances as signature trees. The landscape plan (Sheet LP-4.5) also depicts the relocaUon and preservaUon of 57 trees on-site, including Oaks, Mahoganies, Black Olives, Tabebuias and palms. The Landscape Architect appears to have done a credible job in designing a landscape plan that provides good screening and understory plant materials that appropriately address the first two (2) and a portion of the third level of the parking structure, through the use of trees ranging in height from 12-30 feet. The average height of the parking structure however is a,2 feet, with elevator and stair towers above that. Staff has requested additional height be provided with certain Royal Palm and Washington Palm tree canopies, to create a greater visual screening of the third and fourth levels of the garage (see Exhibit"C"-Conditions of Approval). Additionally, staff has requested greater density in the landscaping of those line-of- sight areas from the adjacent neighborhoods and walked the site and neighborhoods with the applicant and the Landscape Architect to point out many of these areas. Again, staff is recommending as a condition of approval, that the applicant note on the plans that it will address any complaints from neighbors regarding the line-of-sight (unobstructed view from residential properties) during the installation of the landscaping, to the satisfaction of the City Forester (see Staff Report - Bethesda Memorial Hospital (MSPM 03-010) Memorandum No PZ 03-299 Page 4 Exhibit "C" - Conditions of Approval). Building and Site: The proposed parking structure as designed, consists of a ground level and three (3) supported levels, for a total of four (4) tiers of parking. The average height of ~he parking structure, according to Sheet A-3.1, ranges between 40'-9" and '12'-9' due to grade changes on the site. The elevator and stair towers will exceed the allowable ~15 foot limit, with the ~allest appurtenance indicated as the elevator tower at 55'-3'; by approximately eleven (11) feet. The City Commission has the authority to grant a Height Exception for these types of structures and appurtenances. The applicant has made a separate application for the Height Exception (HTEX 03-008) and approval of the same is listed as a condition of approval for this Major Site Plan Ivlodification (see Exhibit "C' - Conditions of Approval). Design: The parking garage is proposed to be as compatible as this type of structure can be with the existing building elements of the Hospital. The proposal utilizes matching color schemes with the Hospital, with the body color proposed as Peach Vail (Sonnebom Acrylic Elastomedc 63 - 803). The accent color proposed is White (Sonneborn Acrylic Elastomeric 64 - 235). Signage: No new signs are proposed in conjunction with this request for major site plan modification. The exisUng ground signs at the entrance off of 23~d Avenue (Golf Road) and at the parking lot entrance of the day care will now be landscaped with this project. RECOMHENDAT/ON: The Technical Review Committee (TRC) has reviewed this request for major site plan modiflcaUon approval. Staff recommends approval, contingent upon 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. MWR / eb S:\Planning~Shared\Wp\Projects\Bethesda Memodal Hospital\HSPH 03-O08\Staff Report.doc Location Map ~x,,~,~.^. BETHESDA HOSPITAL // [TIIIIIIIIIIIIIIIIIIIIIIIIIIIIlllllllllll / / I I C1 N " ""'- W~E EXHIBIT "C" Conditions of Approval Project name: Bethesda Parking Garage File number: MSPM 03-010 Reference: 2na review plans identified as a Major Site Plan Modification with an October 28, 2003 Planning & Zoning date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: 1. Boynton Beach Utility Department will and Palm Beach County Health X Department permits may be required for any water and sewer improvements (CODE, Section 26-12). FIRE Comments: 2. Design documents where underground water mains and hydrants are to be X provided, must demonstrate that they will be installed, completed, and in service prior to construction work per the Florida Fire Prevention Code, (2000) Section 29-2.3.2. 3. City Ordinance Section 9-6, 3. /7-11 requires approved automatic fire X sprinkler systems throughout all buildings or structures regardless of the type of construction which are three (3) stories or more in height or all buildings or structures in excess of 30 feet in height as measured from finish ground floor grade to the underside of the topmost roof assembly. POLICE Comments: None X ENGINEERING DIVISION Comments: 4. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the TRC process does not ensure that additional comments may not be generated by the Commission and at permit review. 5. Photometrics for each covered floor of the structure will be required at the X time of permitting. Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT 6. Show sight triangles on the Landscape plans (LDR, Chapter 7.5, Article II, X Section 5.H.) 7. Indicate, by note on the Landscape Plan, that within the sight triangles there X shall be an unobstructed cross-visibihty at a level between 2.5' and 8' above the pavement (LDR, Chapter 7.5, Article II, Section 5.H.). BUILDING DIVISION Comments: 8. Indicate within the site data the type of construction of the building as X defined in Chapter 6 of the 2001 FBC. 9. Indicate within the site data the occupancy type of the building as defined in X Chapter 3 of the 2001 FBC. 10. 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. 11. 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 (psf) on the plans for the building design. 12. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 13. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may X not, therefore, be used for landscape irrigation where other sources are readily available. 14. A water-use permit for the irrigation system is required from the SFWMD. X A copy of the permit shall be submitted at the time of permit application, F.S. 373.216. 15. Sheet E-l, "Lighting Requirements" - Per Chapter 23, Article II (A)(1)(a), X no more than 10% of the spot readings below one foot candle and none below one-half foot candle. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: Landscape Plan-Plant List Sheet LP-1 16. The applicant should show a four-side elevation detail indicating how the X height and width of the parking garage structure will be visually screened with the proposed trees at time of planting. 17. The proposed Washington Palm trees should be changed to Royal Palm X (Florida or Cuban) trees installed at a minimum gray wood height that will have the tree canoo¥ at the 35'-45' height level. These Royal Palm trees DEPARTMENTS INCLUDE REJECT should be installed in an effort to break up the large expanse of the garage structure. This design should visually obstruct the third and fourth levels of the facility from view of the surrounding neighborhoods. The applicant should evaluate a combination of these steps to create a more immediate visual tree buffer to the facility North, South, East, and West elevations shown on sheet LP-2.5. 18. The Landscape Plan / Elevations shown on sheet LP-2.5 should be changed X to show the canopy height of the Sabal, Washington and Royal Palms at the time of planting. This should be done in conjunction with the proceeding condition for the North, South, East and West elevations shown on this sheet. 19. The applicant is requested to make all agreed to landscape changes on these X sheets that are the results of the Planning and Development Board and City Commission approval meetings. 20. The applicant is requested to place a note on these sheets requiring X additional Sabal, Washington and Royal Palms along any side of the parking structure to address any of the surrounding residents requests that may result after City permit approval of the landscape plans. 21. The applicant should show an elevation cross-section detail indicating how X the height of the proposed landscape material will visually buffer the proposed parking lot facilities from the Golf Road right-of-way. 22. Irri~ation Plan There is no irrigation system design included with the site plans. The X irrigation design should be designed for water conservation and tree health. All shade and palm trees should receive irrigation from a bubbler source. [Environmental Regulations, Chapter 7.5, Article II Sec. 5A.] 23. Turf areas should be limited in size. Landscape (bedding plants) areas X should be designed on separate zones with proper time duration for water conservation. [Environmental Regulations, Chapter 7.5, Article II Sec. 5. C.2.] 24. The irrigation system design should be low volume water conservation X using non-portable water. PLANNING AND ZONING Comments: I 25' Pr°vide detail drawing °f traffic circulati°n during the realignment °fthe I Xlabandoned portion of SW 26th Avenue. 26. Consider landscape treatment at exterior walls for each level of parking X through use of planter boxes or other acceptable methods of softening and screening. 27. Approval of this Master Plan Modification is contingent upon approval by X the City Commission of the Height Exception Request (HTEX 03-008). ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS ] Conditions of Approval 4 DEPARTMENTS INCLUDE REJECT Comments: 28. Modification of staff comments on item # 17. The proposed Washington X Palm trees should be changed to Royal Palm (Florida or Cuban) trees installed at a minimum gray wood height that will have the tree canopy at 35' height level. These Royal Palm trees should be installed on the north side in an effort to break up the large expanse of the garage structure. This design should visually obstruct the third and fourth levels of the facility from view on Golf Road. On the other three (3) sides the applicant shall address the visual screening of the parking structure through the use of perimeter landscaping, to block the view from the surrounding residents. 29. Modification of staff comments on item #20. The applicant is requested to X place a note on these sheets requiring additional landscape along any side of the parking structure in response to any of the surrounding residents requests regarding line-of-sight issues that may result after City permit approval of the landscape plan. This shall be coordinated through the City Forester and such screening shall be installed to the satisfaction of the City Forester. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S APlanning\SHARED\WP~PRO JECTS~BethesdahMSPM 03-010\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Bethesda Memorial Hospital, Inc. APPLICANT'S AGENT: Shayne Conover/Kieran Kilday, Kilday & Associates, Inc. APPLICANT'S ADDRESS: 1551 Forum Place, Suite 100A, West Palm Beach, FI 33401 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 6, 2004 TYPE OF RELIEF SOUGHT: Request major site plan modification approval for construction of a 82,500 square foot / 4 level parking garage to accommodate 883 parking spaces for employees and visitors, LOCATION OF PROPERTY: 2815 South Seacrest 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 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 VT.-CONSENT AGENDA I'TEM D.7 CITY OF BOYNTON BEAC] AGENDA ITEM REQUEST FO x w Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1, 2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the January 6, 2004 City Commission Agenda under Consent Agenda. The Planning and Development Board with a 4 to 1 vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-264. EXPLANATION: PROJECT: Bethesda Memorial Hospital Parking Garage (HTEX 03-008) AGENT: Shayne Conover and Kieran Kilday, Kilday & Associates, Inc. OWNER: Bethesda Memorial Hospital, Inc. LOCATION: 2815 South Seacrest Boulevard DESCRIPTION: Request for a height exception of approximately 11 feet to allow elevator and stair towers to extend above the 45 foot maximum height provision in the Public Usage (PU) zoning district. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES:~ Develop~aaeq~t ~epar~h-ne~ ~irecidr . ' ~ity Manager's Signature J Planning and Zomg Director// City Attorney / Finance / Human Resources S:XPlanning~SHARED\WP~PROJECTS~Bethesda~IT. EX 03_008X~.genda Item Request Bethesda Mem. Hosp Pking Garage HTEX 03-008 1-6-04.dot S :x,BULLETIN~FORMSL~GENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-264 TO: Chairman and Members Planning & Development Board and City Commission THRU: Michael Rumpf~~ Director of Planning and Zoning FROM: Ed Breese ~ Principal Planner DATE: November 4, 2003 PRO.1ECT: Bethesda Memorial Hospital Parking Garage / HTEX 03 - 008 REC~UEST: Height Exception PRO3ECT DESCR]:P'FZON Property Owner: Bethesda Memorial Hospital, Inc. Applicant: Ms. Shayne Conover, Kilday & Associates, ThC. Agent: Ms. Shayne Conover, Kilday & Associates, ]~nc. Location: 28:[5 South Seacrest Boulevard (see Exhibit "A"- Location Map) Existing Land Use / Zoning: Public-Private, Government, 1Institutional (PPG[) / Public Use (PU) Proposed Land Use/Zoning: No change proposed Proposed Use: Construction of an 82,500 square foot / 4 level parking garage for employees and visitors. Acreage: 24.22 acres (total hospital site) AdJacent Uses: North: SW 23~ Avenue right-of-way, and then farther north Ridgepointe Woods residential development; South: The 4 story Hospital complex, and then farther south Boulevard Manor Nursing Center; East: Single-family residential and a medical office building; and West: Bethesda Memorial Hospital parking, and then farther west single-family residential. Page 2 Memorandum No. PZ 03-264 BACKGROUND The consultants for Bethesda Memorial Hospital have submitted a request for Major Site Plan Modification approval for the construction of an 82,500 square foot / 4 level parking garage for the existing 530,542 square foot hospital. This application for a height exception accompanies the above-mentioned site plan request (MSPM 03-010). The subject property is located at 2815 South Seacrest Boulevard, on the west side, south of SW 23~ Avenue/Golf Road (see Exhibit "A"- Location Map). The maximum building height in the PU zoning district is 45 feet. The site plan (see Exhibit "B" - Sheet S-1.1) shows that the parking structure would be constructed to the north of the Early Learning Center @ Bethesda, on top of an existing, large parking lot. According to Sheet A-3.1, the only portion of the parking structure that would exceed the 45 foot height limitation is mechanical space for the elevator and stair towers, which extend to a height of approximately 56 feet. According to the site plan (Sheet S-1.1), there are stair towers at the northwest corner of the structure, on the east side around the midpoint and at the southeast corner in conjunction with the elevator tower. The elevations on Sheet A-3.1 depict the square footage of these towers as approximately 12 foot x 20 foot. These mechanical spaces exceed the maximum allowable height of the PU zoning district by approximately 11 feet and would require approval as a height exception. ANALYSTS Except for within the Central Business District (CBD), Mixed-Use Low (MU-L), and Mixed-Use High (HU-H) zoning districts, the citywide maximum building height is 45 feet. According to Chapter 2, Section ~,.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 a,5 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. According to Chapter 2, Section 4.F.2, electrical and mechanical support systems and their necessary mechanical appurtenances may be erected within a structure or on top of a structure, above the district height limitations, and are eligible for consideration for approval by the City Commission on a case - by - case basis. According to the elevations (see Exhibit "B" - Sheet A-3.1), the elevator and stair towers are proposed at a height of 55.25 feet and ~,9.5 feet respectively, approximately 11 feet above the maximum building height of ,~5 feet allowed in the PU zoning district. Staff has determined that the project meets the intent of all criteda itemized in Chapter 2, Section 4.F.3. ~e .!arge footptint of the parking garage would appear to dwarf these towers on the roof and create minimal adverse visual impact, while architecturally enhancing the look of an otherwise square box. The closest residential structure is approximately 215 feet away from the nearest stair tower, in an easterly direction. In reviewing the standards for granting approval, staff agreed with the applicant that the exception is necessary to provide the required access to the roof, that there should be no adverse effect and that the requested waiver would not severely reduce light and air in adjacent areas. The applicant notes that there are no occupied spaces within the proposed towers and that there should be no perception of the project as a deterrent to the improvement or development of adjacent property or as a special privilege granted to the hospital. Page 3 Memorandum No. PZ 03-264 RECOMMENDA'i'~ON Based on the analysis contained herein, staff recommends that this request for a height exception of approximately 11 feet be approved for the elevator and stair towers for the Bethesda Memorial Hospital parking garage project. 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~hareuAWp~Projects~Belhesda Memorial Hospltal\HTEX 03-006~Staff Report.doc Location Map EXHIBIT"A" BETHESDA HOSPITAL / I-rlllllllllllllllllllllllll[~____ / / C1 C1 N EXHIB. IT "B" ! , % % % i % ,~ " % ~I1~ llllll '""" f~ ~I1 i, I - ',1~1 ~Jl~ I!1 I ~ , I'1 '1 ~" ~l,~.,,,~lt,~l iilt~ , 1 I q '8 i llllllllll r EXHIBIT "B" T O · . O · · _~,"n [ / ~Z S89'59'1 ~OLF ~OAO 5.~. 2~ AVENUE ' '" '"' "",'".",' ,Ill IIIIIII1' I.i fi,,I,~~ t I 1111111111' 1 . . .FXH, IRIT "B" q,,.:J [!J !itltt!llJlti iii ,... '..'-" '"""'" m,. ,,,...,.,, l~lj~]li~ JJ~J iJJ~J ~1 ',~il!q ,lt'i. iCt~],~m~l., tit hli?,~,,j ~'" ,' ~"~"' '"' lJijl ........... ' ' 'J .... J . Iii l~ ~,il, ~,l~p ! ~ ~;:; ;~ lid ,,, Il 1,.~, , .i-.[., ql J ,,~!~ ~, ~Bd, t I.,., ,.. t ~ I,i. - 41 , ,~,,'"' ,.,.,..:, , ,,,., ,,..,,,.,'" . ,'"".,. .,,., ,--, , 131:llJl] ' ;d, ttt h,.~ t.~t ,[~ , i 1i .i · il; ; Il I '[1 "1[[1 i! Il t I I i[I i:1 j,} ,,i, :::iii ~:::: ,:,, ,, ~::,.,i.l!t ,.,,.,Il :.:," t:ij" , ,,, fi, dill ,, ,~,:]... l,,,:lil ~Jt, L ',d.~. ~,i ,,,,,,,,,.,,..,..,,, .....,..,.,,.,. j,,::: :ji.l] i: l ,. ,,,,. :, t:'i]~:[;, ,ill :" ' ..' .b. ,, i , .,, -t tl~lJJJ] I1[t11'1 ii '!~ Ii il - I [JJ[JJ [[ Il 11. l.l-. Lll .l t Ii : , ,, --I:[,: ' IJ: t li ~! J J . t t, dt t:1 ~ il,l:- [1:'. ,' ' ~'~:', .I I 1, ~ jitl[ It i Il, i J i . Jill, l [tj ~i J:i: il,,, :,,:,,:: ~,~ ",,:' ', ~:t[I I! ltl j,. : ..,,. ,,: Hq l ~I il,.,tl ~]~ J~ ~t"~~' ' 'l"l J 1' .... .... ........ .,t ~. ' .... , ..... ]Ih I~ ~. ~,~, ill i,I, Jj'li ~,~1 ~..i,.~ d. ,.J9 II, , .~, , .J,. "I.,.~,~. ,.I. !.. ~., ~'[I~~ L ,, ~. ,, .~,, ,.. i I,r J '-[ il l[lll ' , ! ii ~ [ ~. I I.., ,,., .fl itll, t-t ~ ,.I is,, I .I. E.XHI.BIT "B" ,~ ,,,,,,, . '" ~"!"" ~[l H'l'l'l'l'l'l'l'l'l'l'l'Jtl~l~ ;~ I.'ilitll t !l 'i!1 IIII~I L, ~II1~I~I~ I ! Ii I !i I ' I Il l I Ii l l l l l EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" ~0 EXHIBIT "C" Conditions of Approval Project name: Bethesda Memorial Hospital Parking Garage File number: HTEX 03-008 Reference: Application received October 28, 2003 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. SAPlanning~Planning Templates\Condition of Approval 2 page revised 2003 form.doc S:\Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Bethesda Memorial Hospital, Inc. APPLICANT'S AGENT: Shayne Conover, Kilday & Associates, Inc. APPLICANT'S ADDRESS: 1551 Forum Place, Suite 100A, West Palm Beach, FI 33401 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 6, 2004 TYPE OF RELIEF SOUGHT: Request height exception approval to allow a height of approximately 56 feet for the stair and elevator towers, an exception of approximately 11 feet. LOCATION OF PROPERTY: 2815 South Seacrest 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 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 VI.-CONSENT AGENDA ITEM D.8 CITY OF BOYNTON BEA( AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1, 2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1,2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the January 6, 2004 City Commission Agenda under Consent Agenda. The Planning and Development Board with a 5 to 0 vote, reconn~ended that the subject request be approved with the Commtmity Redevelopment Agency Board approving this request on December 9, 2003. Both the Planning & Development Board and the Community Redevelopment Agency Board forward this item with recommendation for approval. Staff continues to oppose the request due to incompatibility in land uses and safety, discrepancy in parking requirements between industrial uses and the proposed use, and to minimize competition with industrial uses. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-301. EXPLANATION: PROJECT: High Ridge Commerce Center II (CDRV 03-005) AGENT: Penni Greenly, Southern Dance Studio LOCATION: City-wide DESCRIPTION: Request to amend Chapter 2, Zoning, Section 8.A. 1.d.(9) to include dance instruction as a permitted use in the M-1 zoning district. PROGRAM IMPACT: FISCAL IMPACT: ~~~ ~ ALTERNATIVES: Developmen~Dep~an~nt Directo~-x City Manager's Signature .... lanning and Zoning D~v6flAor City Attorney / Finance / Human Resources ~:uqanmng\SHARED\WP\PROJECTS\SoutheS, n Dance 'I~neatre\CDRV 03-005~Agenda Item Request High Ridge Comm. Ctr II CDRV 03-005 1-6-04.dot S:~BULLETIN~ORMSXa~GENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-301 TO: Chairman and Members Planning and Development Board THROUGH: Michael W. Rumpf ~ ~ Director of Planning and Zoning FROM: Maxime Ducoste-A. Planner DATE: December 10, 2003 SUBJECT: CODE REVIEW CDRV 03-005 Dance Instruction added to the list of permitted uses in the M-1 zoning district. NATURE OF REQUEST Mrs. Penni Greenly, owner and representative for Southern Dance Studio, is requesting that dance instruction be added to the list of permitted uses in the M-l, Industrial zoning district. Specifically, the applicant is requesting that the code be amended to add a new permitted use to the M-1 zoning district (Chapter 2, Zoning, Section 8. A. 1. d. (9) to read as follows: "(9). Gymnastic centers, Dance lnstruction." It should be noted that the effects of the subject request, if approved, would be citywide (e.g. all M-1 districts). BACKGROUND The City's Land Development Regulations Chapter 2, Section 8. A. 1., limits the M-1 zoning district to industrial uses; however the current list has included gymnastic centers since November, 2001 to accommodate the same.-.The C-2, Neighborhood Commercial zoning district, Chapter 2 Section 6. B. 1. (hh) permits: "hh. Art or recreational instruction." Also, Section 6. C. 1. (m) and consequently Section 6. D. 1, which correspond to the C-2 and C-3 zoning districts, respectively, permit: "Recreational facilities, including bowling lanes, billiard halls, health clubs, gymnasiums, tennis clubs, golf courses, miniature golf courses, shooting ranges (indoor only), skating rinks, and amusement halls. Recreation facilities other than. those which are listed above shall be conditional uses (*). Racetracks, go-cart tracks, and water slides shall be prohibited. " in the C-3 zoning district. With respect to standard classification of the subject use, the North American Industrial Classification Page 2 CDRV 03-005 System (NAICS), identifies "dance schools, dance studios, and dance instruction" under the Fine Arts Schools category. Furthermore, the Standard Industrial Classification Manual identifies "dance studios and schools" under the Dance Studio, Schools, and Halls category (see Exhibit "A"). ANALYSIS The applicant has stated in the documents supporting this request (see Exhibit "B") that: "dance schools require high ceilings (min. 16fl.)for lift work and hanging of fans, and relatively large open rooms': Through several conversations with the applicant, it appears that with these requirements it is not feasible to operate such a facility in most commercial areas. The ceiling height in most commercial centers is in the 12-14 ft range. Operating a dance studio in commercial areas would be expensive and possibly cost prohibitive, if a customized facility had to be built. Furthermore, in support of this request, the applicant submitted a sample of similar establishments conducting business from neighboring municipalities (see Exhibit "Bl"). This information indicates that of the five (5) dance studio establishments operating in the area, they all operate in industrial zones. Staff understands 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 public welfare and the allowance of such use. Furthermore, staff researched several establishments similar to that of the applicant throughout Palm Beach County to obtain the age group of their clientele. The findings indicated a similarity in age groups (4 years old to adulO among the sample~ Although this is not a surprising fact, the student ages are included to emphasize that children would be exposed to the industrial areas that are typically kept separate from the general public. It should be noted that this use functions somewhat similar to gymnastic centers, which was added to the. M-1 zoning district following a code amendment in November 2001. Safe ,ty and purpose For comparative purposes, staff surveyed local governments to obtain their respective regulations on dance studio/dance in.qrucfion (see Exhibit "C"). Of the eight (8)jurisdictions considered, five (5) of them including Palm Beach County, the City of Boca Raton, the City of Lake Worth and the City of West Palm Beach, define "dance studio" as a fitness center and permit dance studios in most of their industrial districts. The City of Delray Beach permits them in their General Commercial and Central Business districts. Finally, the Village of Royal Palm Beach regulates them as fitness centers, and the Village of Wellington regulates them under the broader category of Educational or Institutional services, and both jurisdictions allow them in their respective industrial zoning category where such institutions are permitted. Although all zoning regulations vary among other cities and Palm Beach County, the industrial districts described by other codes does not' appear comparable to Boynton Beach's single industrial district (M-l). For example, the zoning regulations of neighboring municipalities have different' levels of industrial classifications, which may separate heavy from light industrial uses thereby creating a "light" industrial district more comparable to the city's Planned Industrial Development District (PID). Parkin~ intensffication With respect to comparative parking requirements, Chapter 2, Section 11. H. Provision of off-street parking spaces, Secfionl6.(e)(8) requires for gymnasiums and health clubs: one (1)parking space per Page 3 CDRV 03-005 three hundred (300) square feet of gross floor area. Parking space requirements may be computed separately for floor area occupied by athletic courts, swimming pools, or other principal uses for which parking space requirements are listed in this ordinance. Section 11.16(0 requires one (1) parking space per five hundred (500) square feet of gross floor area for industrial, research and development, trades uses, and one (1) parking space per eight hundred (800) square feet of gross floor area for wholesale, and warehouse uses. The general intent and purpose of the M-1 zoning district is to provide adequate space for more intense commercial and industrial uses. Staff has acknowledged that over time buildings that were designed and approved for less intensive uses to minimize parking obligations, are often subsequently converted to more intense uses that generate an increase in off-street parking demands. The minimum lot size for any property in an M-l, Industrial district to be developed is 10,000 square feet. In contrast, the minimum lot sizes within the C-2 and C-3 zoning districts are 5,000 square feet and 15,000 square feet, respectively, and these zoning districts generate more activity and traffic, and consequently, require more parking spaces to meet the intent and purpose of the zoning districts. If the proposed use (dance studio) were to be permitted in the M-1 district, with a minimum lot area of 10,000 square feet and maximum lot coverage of 60%, and based on one (1) parking space per three hundred 000) square feet of gross floor area, the parking requirement would be 20 spaces. However, using this same scenario for industrial and warehouse uses, the parking requirement woUld be 12 spaces and 7.5 spaces, respectively, based on one (1) space per five hundred square feet and one (1) space per eight hundred (800) square feet of gross floor area. Therefore, 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. Also, the use of an undersized building for recreational purposes, with a higher parking requirement, could increase the need for code variances if existing sites cannot be retrofitted for the greater standards. Generating need for variances requests Lastly, the city, aside from the PID (Planned Industrial District), has only one industrial zoning district, containing a variety of uses. Although the city prohibits heavy industrial uses such as the manufacturing/processing of cement, fertilizers and asbestos or paints, all industrial uses are consolidated into the single, M-1 zoning district, which includes uses involving processes or chemicals with distant separation requirements (from residential areas). In contrast, other jurisdictions that have two (2) or more different industrial zones, which vary in intensity, could accommodate certain uses within the lowest intensity districts without jeopardizing compatibility and safety. In Boynton Beach, the subject use could bring children/youth in close proximity to moderately intense industrial uses and their respective characteristics (e.g. track traffic, chemicals, other hazards, etc.). Competition with industrial land If a need for the subject use is substantiated, and if the typical industrial buildings do offer the ideal environment/structure for the training needs or characteristics, then one option could be to allow them conditionally, and with additional restrictions such as distance separations fi.om selected uses or prohibiting them from multiple use buildings. However, depending on the restrictions placed on such uses, the affect may be to reduce the location opportunities of certain industrial uses and represent an Page 4 CDRV 03-005 "opportunity cost". For example, if there is a distance separation requirement between a dance instruction establishment and a use that processes plastic products, the existence of such an establishment within an industrial area could then limit future location options for the plastics use. Industrial zoned lands have been rezoned to alternative districts over the past several years, which trend could continue through redevelopment in the downtown area. What land remains will be even more important to support growth of industrial and related service uses. RECOMMENDATION Based on this analysis, staff recommends that this request to amend the city's code to include dance instruction establishments in the M-1 zoning district be denied. It is the opinion of staffthat this code revision, if approved as requested by the applicant, would have a certain level of impact on the citywide distribution of uses and the public welfare within the industrial zoning districts. Staff further believes that the subject use would modify the industrial fabric and its performance characteristics. Furthermore, when the city's zoning regulations are comprehensively reviewed and rewritten as planned, the establishment of more than one industrial zone could be considered to provide for an office/industrial light district that would allow for less intense industrial (i.e. "cleaner") uses. This type of industrial zone could be written to be more compatible with the subject dance instruction establishment. However, it is unknown how long it would take to implement such regulations to actually create such a district wherein these types of recreational uses could be compatible. Further, if the Board and City Commission choose to grant this request, to minimize the impacts on the public safety and welfare, staff recomfi~ends that this use be subject to conditional use approval to allow for a case-by-case review for compatibility with other uses and site capacity. Staff would also recommend that this conditional use requirement also apply to "gymnastic center" for the same reason as stated herein. Exhibits MR/mda S :~Planning~HARED\WP~PROJF. CTS~ouihem Dancx Thea~re~RV 03-005~Statf Report.doc · EXHIBIT "A'"'" 624 NORTH ~CAN INDUSTRY CLASSIFICATION SYSTEM · Offeldng professional and m~nngenlent devdopm~t trnining .-..,are. classified.in Industry 611430, Professional nad Manngen~mt Dewlopnment.Trninlng; , Offering registered nursing {Fnining wiih ac,~ldG, mi¢ d~i'~. (e,g~,'associnte baccalatu~ are classifi ed in Industry 611210, Junior College~ or lndus~ 611310, Colleges, Univ ersities and Professional Schools; · Offering aviation and flight trnining~are ¢lnssified in. U~{. indHstry 611512, l~]ight Tfninin~ ~ .Offering cosmetology and barber training--are classified inU.S. Indusuy 61151'1, Cosme- ~olo~ ~ Barber Schools; · Offeri~ academio courses that may also offer ~bnlcal and Irade course,s~are classified .ac~Xaff~ ~o ~ ~ of school; and Seeindust~ description for 611610 below. An (except commercial and sraphic) Made inmuc~on (eS, piano, guitar) insUuction Music scho~ (except _-c~-___mic) Drama ,choots.(except academic) ~y).. Fine am schools (except academic) · Establishments offering high school .diplomas or academio degrees (i.e., even if they .spe~slize in fine arts) are classified elsewhere in this subsec~or.~g to lhe type of. school; and '. · F_~tablishments primarily ensased'{- offering courses in commercial and Sraphi¢ am and commercial photography are. classified in U.S. Industry 611519, Oth~ Technical and Trade Schools. " When nei~e~ US nor ~ appears, Canadian~ Mexi~. and, United States tndusutes are comparable. I'~p:/Avww. ntls.goVhmle~ EXHtBI.T "A" - 880 Major Group ?9.--AMUSEMENT AND RECREATION SERVICES ~ M~lor ~ ~f a .. ---.~ THn~TRIC~L PRODUCERS (BX(3~T MOTION 7022 ~Produceru (Rr~pt Motion Pidure) nd .Mbcdimmo. u Theatrical meat mwtce~ mi ~ 'tid~ eeeaci~ Abo induded, k thb iadmtry / iEXHt~'T "B" October 17', 2003 Mr. Michael Rumpf Zoning Director City of Boynton Beach 100 E. Boyn[on Beach Blvd. Boyn~on Beach, FL ~10 This ~ ~nd accompanying documentation are concurrent.requesta for M-1 zoning code ~wtew and PID conditional ~se approvaL Specifically requesting an amendment ~o M-~ code ~o add dance instruction ~o the following:. .c~, _~ 2Zonin~ ,,Section ~ I~em (9) Gymnastic centaurs, Dance lnsirucflon For PID, conditional use approval request for Dance Instruction ~o operate in High Ridge Commerce Cen~w, Phase L Included wi~hthts ~quest are the following i~ms .which support the A · Let~ from applicant highlighting community involvement L~ '~ Operational comparison be~w~ gymnastics cenh~rs and dance .instruction ~, · Dance Ius~ction businesses curremly operating in localindusU~ areas allowed operaUn~ or who plan -~ · Performance s~udards addressed · Greenly 0 2 2 · Soufl~rn Dance Theatre · 1~0 N. Congress, Sui~ 8B b.~//~;n Beacli, FL 33426 HtBNT B Boy-nton Beach, FL Code of Ordina~ Zoning Code l~nriew It~luest Chap~r 2 Zoning ~ection 4. General Provisions N. Per/ormance Standards The applicant is submitting a request for conditional use approval for dance instruction ~o be allowed at High Ridge Commerce Center, Phase 1. or ~ Chap~ 2, Section 4. N. o/the Soynton Vead~'H, Code o/Ordinances requir~ that all uses conform to pedomance standards outi/ned thereh~ These standards are addressed below. Ordinances. ..a~u~,,~ ~.~,..o o~ me I..lty ot tr, oynton Beach Code of · ua~ o~ proauct sound in violation of Section 158. uu~enuy aha recurrently genemk~lund ' percepUble without ~-.--.---,- -- ........ gl~.~ ~_~FaUons which are meproperty on which ltle use is located. ' --~ .... -; l,-,,l~rV/unes ot t,~,~,,a,,~ v~y~nu me property lines of the subject lot. enjoyment ot property and rights-of-way, at or beyond the rm,,,,a,~. ~--~_~,_~ · l~,aau~ guvernmg .me emi~. on of such substances. · p y with all federal, state, c~unty, or city laws or EXHIBIT ,B" 4. Od°rs and fumes. No use shall be carried out in any industrial district so as to allow the emission of o~onable or offensive odors or fumes in such concentration as ~ be readily perceptible at any point at or beyond the boundary of industrial districts. For all nonindustrial districts, the standards contained in this paragraph shall apply where the district abuts any residential district. Response.. The. proposed use does not product any objectionable or offensive odors or fumes. $. Toxic or noxious matter. No .use shah be carried out in any zoning district so as to allow the disclmrge of any Ioxic or noxious matter in such Concentrations as to cause damage to property or vegetation, discomfort or harm · ~p~u~ .way, at or oeyoncl me property line of the property on which ~ use is locabM; or fo coniamina~ any public wafers or any groundwai~r. Response: 'The proposed use does not product any toxic or noxious matter. hflo.Oway,6. Fire and explosion hazards. No use shah be carried out in any zoning. as to creat~ a fire or explosion hazard to adjacent or nearby property or or any persons or property thereon. Furthermore, the s~orage, use or production of flammable or explosive.materials shall be in conformance with the provisions of Clmpt~r 9 of the City of Boynton Beach Code of Ordinances, Response: The proposed use does not creai~ a fire or explosion hazard. There will be no s~orage of flammable or explosive malmials unless in conformance ?. Iteat h .mnidi , or-Dam No use shall be carried out tn any zoning any point or veyona me property line of tim property on which the Use is ~_~___,t~.,ting which is used to --uminain any property or use shall · ,,~ ~nm~ regumuons, so as nm ~o crea~e a nuisance ~o such residential uses. adP, ed~t~flo~n~_:, ,,_T~e,..pro..po~. use does not produce heat~ humkli. 'ty ;r glare. No. · ~._ ~,o,__mu___u?un~. ~.. o~ng. p ,r~..p~ for the buil~ and the si~e complies with L~ ~t;~'s,m plan wl~ich required that lighting be dtrect~ away from .y flal ~,~. . 8. Liquid waste. No use shah be carried out in any zoning district, so as in dispose of liquid wastn of any type, quantity or manner which is not in ~'-' '~- EXH$1T "B Code of Ord/nan. ces, or any appl/cable.federal, sta~e or county laws or permfls. Response: Any. appticable prov/sions of Cha~ 26 of the City of Boyn~on Code COutl~U~-~u wlLrt. ~. ,.~ ............ r~---- wna,~= wt'uC[i IS llOt --,ut ~.~mpmr ~u O! ttm (~it~ of Bovn~on ~-~- -~-~ .... woma cause solid was~ · - .....~'~' propert~ or r]ghts-of-wayf be transferred in any, manner ~ adjacent or nearby 10. __,__ ,,se o.t del~adnf/~n ~ ~ ..... i~-' .v,~ w,u~t ~u~es al~torntal proper desl~11 as defined by the ~r/nd les and s .. P P tandards ad,, I~! the ~- Iml/tu~e of Electr/cal and Eleclronics ~----~- ..... P by -: to cause electromam~et/c -~-- ..... ,.,_,. _,_ . y. ning trktso as ._, _ o--- .,.,..,,.x,., wm~n ooes not ¢omvlw o1~,o~,~.~-~=~_ ....... j-o---~--, u,- wmcn causes objectionable ----.-~=~--=-~ -m~ce w~m normal radio or television reception in a~ " Response: The proposed use shaH not creat~ electromagnetic radtatio~ I:L Hazardous malertals and hazardous was~ lt~ns ~ through d. Respons~ The proposed .se does not use. hand~ $~ore or display hazardous AHlstlc Dlreclor: Penni Greenly ~~ ~ ~ ~y or ov~ ~w. ~o~ ~m ~ve · - ~ ~ . ~on~e~ ": SrUDVOF ....Esc, ooLS EXHIBIT Cefl~ height_ 16" & up for appamlmes 16" & uP for li/t work and hang/ng of fans Classroom space - w/de open moms wide open moms' Equipment - sprung wood floors, minm~ m,_~ spru~ wood floors, mirrors, mats. buila Boys& Oirb of all races, ~oaomic ~ BoY~ & Oirb or'all rac~ Ages2& up ASea4& up 60%- Age 2-10 5m.~ - Ages- 4-10 5%- Or= the age of 18 15%- Students train for professional Private lessons - 1 - 2 students Private lessons- 1 - 2 dancers Group lessons - 8 - 20 students 12 week .,~iom Oroup k~- 8-15 daae~ (Age. 4-] D 1 ho.r classes 8 -20 dancers (Ages 12 & up) 6 week sessions * . 10 month sessions - 90% of students 1 hour- 2 ½ hour classes TIMES OF OPERATION 2:00 - 9.'00 p.m. (Moa - Fri) 4:00 - 9:00 p.m. (Mort - Fsi) 9:00- 5:00 p,m. (Satm'day) . Closed ~unday 9:00 - 2.'00 p.nL (Saturday) Close! Stmday TRANSPORTATION TRAFFIC FLOW Highest hltffic flow uitcr 5:00 p.m. (l~lon. Fn*). Highest Iraftic flow after 5:00 p.m. (Mon__ Parrots drop off'and pick up · Fn*) Some wait (Small pea~e) Patents'drop Some staY, if/t/s a mommy & me class offancl picic up No mommy & me classes NUMBER OF EMPLOYEES 5 - 10 pert ~ime Instructors 1 -full lime ~- 10 pm time Instructors 2 -4 lnstm~ on any given day S -4 ~ on any given day PAmON~ As needed, depending on parents that stay, As needed, depending on pattmts that stay, F_~ 8 - I$ at any given hour, more likely after 5:00 P.m. Estlmm.__~l 8-15 atany given lmur, more likely after 5:00 pan. CLASS PAYMENT ontldy Installments Monthly Installments Week Sessions Annual Payment Pay by the class EXHIBIT "BI' Dance Lnstructlon Boca Rain MI Light Industrial. Permitl~ uses: Athletics {raining facilities within enclosed M2 General Industrial. PermiU~ uses: Any use permRied in MI Dance Academy of Boca Rain 10,50 NW 1st Avenue Boca Raton. t,azam§. ~ne leasin§ contact not~! that Dance a~-~---- ---- -- - ~ .... ~ operates later mn ~ day when other businesses are either dosed or cus~mer 1141 Holland Dr/ye, #11- Boca Ra~on Zoning Dtstr~ce M1, M2 Uon, Furnitureflnis~. · Creative Dance Centre has been operating in this location for 6+ years. No issues · involving safety or parking. Opera~ later in ~ day. Twislers Gymnastics of Boca 3100 NW Boca Raton Blvd. - Boca Design Cen~ · . E. XH IT "B1 Boca Ra~on 'ldno C~~ ;~.~':~_ ~n or ~s compl~ No ~su~ avol~ ~ of ~~' ~~ ~' m me aay. - g Boca Ballet Theatre. 7630 NW 6th Avenue Boca Raton · ~v~wormng, t~re ~~ ~ - ~;;~ ~~~~t no ~ ~p~ or c~e ~~t ~ Peggy Brown Dance Academy Wemng n Management Company~ Shapiro Tertnow P~ _c~_ ,.Bro .wn .Datum Academy has been opemlinR at this location t__ __ .z~ccomu~ ~o ttm management comuanv no ........... · - Y ~ Issues tnvolvin~ safi~r or n~.~.,.. ~ .... pprovm ~ NO Neighboring Cities and County Regulations Dance Studios References / PermiU~ Uses Palm Beach County IL, Light Industrial District Dance Studio falls within the cat~gory of Fitness Cen~er and is a specifically allowed permit~xl use. (Attachment A) Boca Ra~on M-l, M-2 Dance Studio falls wittdn fl~e cat~gory of Athletic training fa _a~!ties and is a specifically'allowed permiU~ use. (Attachment B) Lake Worih LTl Low Traffic Generating Industrial Dance Studio falls within the calegory o[ Fitness Center and is a ~cally allowed permiU~i use under the Ufle of Indoor commercial recreation uses. (Attachment C) West Palm Beach Industrial · - Dance Studio is listed as a category and is a speci_ 6cally allowed use in industrial zones, (Attachment D) EXHIBIT" C' Survey on Dance instruction/Dance studio Commercial Industrial Resort/Tourism Community District District Facilities - p _ P P _ - p . - p _ P P*, special - _ exception P . p P C-2, C-3, C-4 _ and POD 2 S:~Planning~HARBI~WP~ROJBCTb-,~Sou~em Dane~ Theatr~CDRV 03.00S~Sm.v~ Results.doe VI.-CONSENT AGENDA ITEM F CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1,2003 (Noon) [] February 17, 2004 February2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1, 2004 (Noon) [] Administrative [] Legal ~:~ ~-<c:~ NATURE OF [] Announcement [] New Business ! AGENDA ITEM [] City Manager's Report [] Presentation o:> [] Consent Agenda [] Public Hearing ~ [] Code compliance/Legal Settlements [] Unfinished Business ? RECOMMENDATION: Approve transfer of $22,205.00 from the Contingency Account to the Development Department for the installation of Interactive Voice Response Software and Land Base System Software. EXPLANATION: In the 2002/2003 FY Development budgeted funds for the purchase and installation of sottware that would improve the ability for residents to schedule pen'nit inspections and to check on status of permits. It was anticipated the software would be purchased and installed by September 30, 2003 and funds were not re-budgeted in 2003/2004 budget. However there was a delay by the Vendor and installation and training was not complete by year-end at 9-30-03. The funds that were budgeted in 2002/2003 FY lapsed into Fund Balance. PROGRAM IMPACT: The Interactive Voice Response Software allows residents to schedule permit inspections and to check on permit status over the phone. The Tele-works sofhvare ties in the Building, Code Compliance, Fire Inspection, Engineering, Planning & Occupational License Divisions and allows residents to view, over the City's web site, any changes in property status, current zoning and/or violations & f'mes on any property in the City. FISCAL IMPACT: Contingency Account- 001-1211-512-99-01 $150,000. Transfer to Development - 001-2411-524-64-14 $(22,205.) Balance in Contingency $127,795. ALTERNATIVES: None - Hardware has already been purchased and delivered. Department Head's Signature City Manager's Signature Finance Department Name City Attorney / Finance / Human Resources S:~BULLETIN~ORMSEAGENDA ITEM REQUEST FORM.DOC ,,Reese, Diane From: Byrne, Nancy Sent: Monday, December 01, 2003 10:39 AM To: Reese, Diane Subject: Amounts for Agenda Item Diane, As we discussed this morning, the two items which need funding for completion are: old PO # 21560 - Vendor - GTR (Government Technology Resources)"- remaining balance $6,240.00 old PO #21805 -Vendor - Teieworks - remaining balance $15,965.00 We are scheduled to complete the installation process with both companies in January, 2004. Both items were funded previously in account 001-2411-524-64-14 & 15, but since only the final software installation and user training are remaining, the remaining balance can be funded in just 001-2411-524-64-14. Thanks for your help, Nancy VI.-CONSENT AGENDA PALM BEAC] ITEM G METROPOLITAN PLANNING .......... 160 Australian Avenue, Suite 201, West Palm Beach, Florida 33406 Phone 561.684.4170' Fax 561.233.5664 www. pbcgov, com/mpo December 18, 2003 · ::~ , The Honorable Jerry Taylor,-Mayor City.of B0Ynton: Beach --o P. O. Box 310 Boynton Beach, FI" 33425-0310 RE: ADDITIONAL MPo VOTING MEMBERS Dear Mayor Taylor: On October 30, 2003 the. MPO wrote a letter to former Mayor Broening requesting a Resolution supporting the additional MPO voting members be submitted to our office. A sample Resolution was included. (Copies attached) To date we have not received that information. In order to execute the Agreement, we must have the full support (by Resolution) of all MPO members for submittal to the Governor. Please submit your Resolution to our office as soon as possible so we may complete the necessary process. If you have any questions, please let me know. Sincerely, Director Attachments (2) PALM BEACH METROPOLITAN PLANNING ORGANIZATION 160 Australian Avenue, Suite 201, West Palm Beach; Florida 33406 Phone 561.684.4170 Fax 561.233.5664 www. pbcgov, com/mpo October 30, 2003 The Honorable Gerald Broening Mayor City of Boynton Beach .' P.O. Box 310 .Bo)~nton Beach, Florida 33425-0310 RE: Additional MPO Voting Members Dear Mayor Broening: Following the 2000 Census, the Palm Beach Metropolitan Planning Organization (iMPO), in cooperation with the G0vemor, is reviewing its membership. The membership currently cOnsists of five County Commissioners, two elected officials each from Boca Raton and West Palm Beach,' one elected official each. from Delray Beach, BOynton Beach, Lake Worth, Riviera Beach, Palm Beach Gardens, Jupiter and Belle Glade, one elected Port of Palm Beach Commissioner, and one statutOrily authorized planning board member appointed by the County Commission for a total of 18 members. Chapter 339.175, Florida Statutes, establishes a maximum of 19 members for the MPO. The MPO Board has approved a Reapportionment Plan that will expand the total · membership to the maximum number. The Village of Wellington wOuld be added to the MPO Board. In addition, the Town of Greenacres and the Village of Royal Palm Beach would annually altemate~membership in the seat Currently designated for the planning board member. This Plan will be submitted to the Governor for approval with documentation which includes supporting resolutions from the MPO Board member agencies. Attached is a sample resolution for your consideration. The adopted resolution should be forwarded to the MPO office. Following apprOval of the Reapportionment Plan by the Governor, the MPO will distribute an interlocal Agreement to all member agencies for approval and execution; When all parties have executed the Agreement, the new members will be seated on the expanded MPO. Your support is appreciated. If you have any questions, please do not hesitate to contact me. Sincerely, M. ~ 'tfield,XP..E..) Director Attachment SAMPLE RESOLUTION A RESOLUTION OF THE MUNICIPALITY, FLORIDA, SUPPORTING EXPANSION OF THE MEMBERSHIP OF THE PALM BEACH METROPOLITAN PLANNING ORGANZIATION TO INCLUDE VOTING REPRESENTATIVES FOR THE TOWN OF GREENACRES, VILLAGE OF ROYAL PALM BEACH AND VILLAGE OF'WELLINGTON. WHEREAS, the Transportation Equity Act of the 21st Century (TEA 21) and Chapter 339.175, Flodda Statutes, call for metropolitan planning Organizations to perform transportation planning in urban areas; and WHEREAS, Chapter 339.175, F.S., sets forth the requirements for creation of the MPO through an InterlocalAgreement and identified the membership and designation process by the Governor's Office; and. WHEREAS, the Palm Beach Metropolitan Planning Organization (MPO) has agreed to request the Governor expand its membership to provide voting representatives for the Town of Greenacres, the Village of Royal'Palm Beach and the Village of Wellington; and WHEREAS, Greenacres and Royal Palm Beach will annually aitemate membership on- the MPO; and WHEREAS, the Governor must approve the addition of voting members for the Palm Beach Metropolitan Planning Organization. NOW THEREFORE, BE IT RESOLVED BY THE MUNICIPALITY THAT: 1. .The MUNICIPALITY supports the expansion of the membership of the Palm Beach Metropolitan Planning Organization to include voting representatives for Greenacres, Royal Palm Beach and Wellington. 2. The Governor approve the expanded MPO membership. · The foregoing Resolution was offered by. . who moved its adoption. The motion was seconded by , and upon being put to a vote, the motion passed. The Chairman thereupon declared the Resolution duly adopted this ~ day of ,2003. MUNICIPALITY, FLORIDA By:.. Mayor ATTEST: 'By: Municipal Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By:. Municipal Attorney VI.-CONSENT AGENDA ITEM G. _ RgVI$1gD RESOLUTION NO. R04- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, SUPPORTING EXPANSION OF THE MEMBERSHIP OF THE PALM BEACH METROPOLITAN PLANNING ORGANIZATION TO INCLUDE VOTING REPRESENTATIVES FOR THE TOWN OF GREENACRES, VILLAGE OF ROYAL PALM BEACH AND VILLAGE OF WELLINGTON. WHEREAS, the Transportation Equity Act of the 21 st Century (TEA 21) and Chapter 39.175, Florida Statutes, call for metropolitan planning organizations to perform planning in urban areas; and W}IEREAS, Chapter 339.175, F.S., sets forth the requirements for creation of the Planning Organization (MPO) through an Interlocal Agreement and identified and designation process by the Governor's Office; and WIIEREAS, the Palm Beach Metropolitan Planning Organization (MPO) has agreed request the Governor expand its membership to provide voting representatives for the of Greenacres, the Village of Royal Palm Beach and the Village of Wellington; and WItEREAS, Greenacres and Royal Palm Beach will annually alternate membership the MPO; and WItEREAS, the Governor must approve the addition of voting members for the Beach County Metropolitan Planning Organization. NOW, TIIEREFORE, BE IT RESOLVED BY TIlE CITY COMMISSION OF CITY OF BOYNTON BEACIt, FLORIDA TRAT: Section l~ The "WHEREAS" clauses above are hereby ratified and confirmed as tree and correct and incorporated herein by reference. ~g Organization.doc Section 2. The City of Boynton Beach supports the expansion of the membership the Palm Beach Metropolitan Planning Organization to include voting representatives for Royal Palm Beach and Wellington. Section 3. The Governor must approve the addition of voting members for the 'alm Beach County Metropolitan Planning Organization Section4. That this Resolution shall become effective immediately upon ~assage. PASSED AND ADOPTED this __ day of ,2004. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner aTTEST: t Clerk Seal) ; :\CALRESOXaS, ppointmentsXExpansion of Metropolitlm Planning Organization.doc VIII.-PUBLIC HEAR1'NG CITY OF BOYNTON BEAC ITEM B. AGENDA ITEM REQUEST FG Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1,2003 (Noon) [] February 17, 2004 February2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January20,2004 JanuaryS, 2004(Noon) [] March 16,2004 March 1, 2004 (Noon) CD C~-.~ [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing ~ ~'~'~ [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the January 6, 2003 City Commission Agenda under Public Hearing. The Community Redevelopment Agency Board with a unanimous vote on December 9, 2003, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-260. EXPLANATION: PROJECT: Mixed Use Core Addition Land Use Amendment (LUAR 03-008) AGENT: City of Boynton Beach LOCATION: Area bounded by NE 4th Avenue on the north, NE 2nd Avenue on the south, the Intracoastal Waterway on the east and the parcel fronting North Federal Highway on the west. DESCRIPTION: Request to reclassify multiple properties totaling +15.036 acres from Mixed use (MX) to Mixed Use-Core (MX-C), retaining the existing Conservation Overlay. PROGRAM IMPACT: FISCAL IMPACT: .,t~J Dev~me~t De~-tment D~-e&or ' M~ager's Si~e / ' Piannin~ ~d Zo~ector CiW Aflomey / V~ce / H~ Reso~ces S:~I~ning~DX~ROJECTS~D USE CO~ ADDI~O~g~da Item Request Mixed Use Corn ~nd Use ~d LU~ 03-~8 1-6- 04.dot S:~LET~O~S~GENDA ~M ~QUEST FO~.~C DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 03-260 TO: Chairman and Members, Community Redevelopment Agency Board FROM: Hanna Matras, Economic Planner THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: November 19, 2003 PROJECT DESCRIPTION Project: Mixed Use Core Addition Land Use Amendment (LUAR 03-008) Agent: City of Boynton Beach Location: Area bounded by NE 4th Avenue on the north, NE 2nd Avenue on the south, the Intracoastal Waterway on the east and the parcel fronting North Federal Highway on the west. File No: Land Use Amendment (LUAR 03-008) Property Description: Six parcels totaling +15.036 acres shown on the accompanying location map (see Exhibit A), classified Mixed Use (MX). Most of the property is subject to requirements of the Conservation Overlay, which extends east from the city's retention pond (the Mangrove Park at the Marina) through the Mangrove Nature Park to the Intracoastal Waterway. Proposed change/use: To reclassify the subject properties described above from Mixed Use (MX) to Mixed Use-Core {MX-C), retaining the existing Conservation Overlay. Adjacent Land Uses and Zoning: North: Right-of-way of NE 4th Avenue, then developed property (St. Mark's Church and Campus) designat:bd Mixed Use (MX) and zoned Central Business District (CBD). The eastern part of the property is subject to the Conservation Overlay. South: Right-of-way for the proposed Boynton Beach Promenade, further south vacant properties designated Mixed Use-Core (MX-C) and zoned, from east to west, Mixed Use-High Intensity (MU-H) and then Central Business District (CBD). East: The Intracoastal Waterway West: Developed property (the Boynton Beach Plaza commercial center) designated Mixed Use- Core (MX-C) and zoned Central Business District (CBD). Page 2 Mixed Use Core Addition Land Use Amendment File Number: LUAR 03-008 BACKGROUND In January 2001, the City adopted text amendments to the Comprehensive Plan to enable the preparation of redevelopment plans as recommended by the BoYnton Beach 20/20 Redevelopment Master Plan. The City Commission adopted the first of those redevelopment plans, the Federal Highway Corridor Community Redevelopment Plan, on May 15, 2001. The implementation process of this plan was initiated by the City Commission approval, in June 2002, of the addition of two Mixed Use zoning districts, Mixed Use-High and Mixed Use-Low, to Part 1II of the City's Code of Ordinances. This amendment made the Mixed Use-High and Mixed Use-Low zoning districts available per request to developers who want to take advantage of benefits offered by the new regulations. The Mixed Use-High district, which allows residential densities up to 80 units per acre, necessitated the addition of a new land use category, the Mixed Use-Core (MX-C), to accommodate the higher density. The objective was to strengthen the incentives for redevelopment and infill development in the downtown area by creating a possibility for a higher "critical mass" in terms of use synergies. In June 2003, the City Commission approved a Comprehensive Plan text amendment creating the said MX-C land use designation. The concurrently approved land use amendment reclassified the area of Federal Highway Corridor segment bounded by NE 4th Avenue, East Ocean Avenue, Federal Highway and the Intracoastal Waterway fi.om "Mixed Use" to "Mixed Use-Core". The Conservation Overlay area (mangroves) and the city-owned property lying between NE 2nd Street and NE 4th Street (Mangrove Park at the Marina) were excluded fi'om the amendment. In a separate land use amendment, The Arches development was approved under the MX-C designation. To allow for the more intensive development within the MX-C district, the Floor Area Ratio (FAR) ceiling has been set at 4.0 (exclusive of parking structures) for all uses, with the residential density up to 80 units per acre, as compared to the FAR of 1.5 to 2.0 (depending on location) and the residential density of 40 units per acre in the Mixed Use (MX) category. However, the Comprehensive Plan makes different provisions for residential densities in the Mixed Use-Core areas located east and west of Federal Highway. Developments in both areas may reach densities up to 80 units per acre, but the overall densi _ty in the Mixed Use-Core area east of Federal Highway must not exceed 40 units per acre, since it is within the Hurdcam: Evacuation Zone (Coastal High Hazard Area (CHHA)). The Comprehensive Plan language explicitly limits the overall density within the CHHA to 40 units per acre. However, in its review of the Mixed Use-Core amendment, the Department of Community Affairs (DCA) expressed an ongoing concern about the increased density within the CHHA. After discussions with staff, DCA communicated requirements regarding the addition of certain properties to the Mixed Use-Core land use category. This amendment is proposed in response to the DCA requirements. It will add six (6) properties to that area under the Mixed Use-Core land use designation. Due to the requirements of the Conservation Overlay, potential development of subject properties is severely curtailed. Page 3 Mixed Use Core Addition Land Use Amendment File Number: LUAR 03-008 Consequently, even though individual lots within the entire MX-C-designated area can develop with the density of 80 units per acre, given the restrictions within the Conservation Overlay, and the density of the approved and proposed projects, the development of the MX-C area lying in the Coastal High Hazard Area will maintain the overall density of 40 units per acre as required by the Comprehensive Plan. The proposed land use change qualifies as a large-scale amendment pursuant to Chapter 163 F.S.. Following local board review and City Commission public hearing, a "large-scale" amendment is transmitted to the Florida Department of Community Affairs for review for compliance with the state, regional and local comprehensive plans prior to adoption. Following the review period of approximately 60 days, DCA provides the City with a report of their findings in an "Objections, Recommendations and Comments (ORC) Report". The City then has 60 days to either (1) adopt the amendment as transmitted, (2) adopt the amendment with changes in response to the ORC report, or (3) determine not to adopt the amendment and inform DCA of that decision. According to Florida Statutes Chapter 163, large-scale amendments may only be adopted during two amendment cycles each calendar year. This amendment request is a part of the 1st round of amendments for the 2004 calendar year. This proposed amendment is being reviewed for transmittal to the Florida Department of Community Affairs (DCA). After transmittal and DCA review, the proposed amendment will be scheduled for adoption in May of 2004. CONCLUSIONS/RECOMMENDATIONS As indicated herein, this request is in response to the requirement put forth by DCA. Therefore, staff recommends that the subject request be approved. ATTACHMENTS G:~,JAR~,_ixed Use Corc AdditionL~xed Us~ Core Addition staff~-port.doc EXHIBIT "A" LOCATION MAP " · MX Conservation Oveday THE MIXED USE-CORE AREA VIIX.-PUBLIC HEARING CITY OF BOYNTON BEAC ITEM C. AGENDA ITEM REQUEST FG Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1, 2003 (Noon) [] February 17, 2004 February2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the January 6, 2004 City Commission Agenda under Public Hearing. The Planning and Development Board with a unanimous vote, recommended that the subject request be APPROVED. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-302. EXPLANATION: PROJECT: Bermuda Bay (ANEX 03-002) AGENT: Michael J. Covelli, Caulfield & Wheeler, Inc. OWNER: National Land Company, Inc. LOCATION: East ofi-95, north of Lake Ida Road and south of Diane Drive DESCRIPTION: Request to annex 17.2-acres of unincorporated land to be concurrently reclassified and rezoned for 17 single-family homes. PROGRAM IMPACT: FISCAL IMPACT: ~ ~ ~ ALTERNATIVES: ~~ i_~Q~) Developn~ D~art~'[nt Direct~)r City Manager's Signature Planning and 7~nt~Director City Attorney / Finance / Human Resources S:XPlanningXSHARED\WP\PROJECTS\Bermuda Bay~MqEX 03-002La, genda Item Request Bermuda Bay ANEX 03-002 1-6-04.dot S:'~BULLETIlC, FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNTNG &ZONtNG DI'V]~S:[ON MEMORANDUM NO. PZ 03-302 TO: Chairman and Members Planning and Development Board and City~~_ssion FROM: Dick Hu~I~AZCP Senior Planner THROUGH: Michael W. Rumpf'~~ Director of Planning and Zoning DATE: December 2, 2003 PRO3ECT NAME/NUMBER: Bermuda Bay/ANEX 03-002, LUAR 03-007 REQUEST: To annex the property, reclassify from MR-5 Residential and Industrial (Palm Beach County) to Low Density Residential (4.84 du/ac) and rezone from IL-Industrial, CG-General Commercial and RS-Residential (Palm Beach County) to R-1-AAB. PRO3ECT DESCR/P'I/ON Property Owner: National Land Company, Inc. Applicant/Agent: Caulfield & Wheeler, Inc./Michael 3. Covelli Location: Adjacent to the east side of 1-95, south of Diane Drive and west of Lake Drive. (Exhibits "A & B'~ Parcel Size: _+17.121 acres (including +8.595 acres of submerged land) Existing Land Use: MR-5 Residential and Tndustrial (Palm Beach County) Existing Zoning: CG-Commercial, [L-Industrial and RS-Residential (Palm Beach County) Proposed Land Use: Low Density Residential (4.8q du/ac) Proposed Zoning: R-1AAB-Single Family Residential Proposed Use: 17 single family residential lots Page 2 File Number: ANEX 03-002, LUAR 03-007 Bermuda Bay Adjacent Uses: North: Northwest, single family homes (Lake View Haven) designated Low Density Residential (4.8~t du/ac) and zoned R-1-AAB Single Family Residential; northeast, right-of-way of Diane Drive. South: Industrial building (formerly B E Aerospace) remaining in unincorporated Palm Beach County, designated 1ND-Industrial and zoned IL-Light Industrial East: Single family residential (Lake Eden) designated Low Density Residential (4.84 du/ac) and zoned R-1-AAB Single Family Residential West: Right-of-way of 1-95 PRO3ECT ANALYSZS The parcel, which is the subject of this annexation, land use amendment and rezoning, totals +17.121 acres; therefore, the proposed land use change qualifies as a large-scale amendment pursuant to Chapter 163 F.S. Following local board review and City Commission public headng, a "large-scale" amendment is transmitted to the Flodda Department of Community Affairs for review for compliance with the state, regional and local comprehensive plans pdor to adoption. Following the review pedod of approximately 60 days, DCA provides the City with a report of their findings in an "ObJections, Recommendations and Comments (ORC) Report". The City then has 60 days to either (1) adopt the amendment as transmitted, (2) adopt the amendment with changes in response to the ORC report, or (3) determine not to adopt the amendment and inform DCA of that decision. According to Florida Statutes Chapter 163, large-scale amendments may only be adopted during two amendment cycles each calendar year. This amendment request is a part of the 1~ round of amendments for the 2004 calendar year. This proposed amendment is being reviewed for transmittal to the Fiodda Department of Community Affairs (DCA). After transmittal and DCA review, the proposed amendment will be scheduled for adoption in May of 2004. Subsequent to approval of the annexation, land use amendment and rezoning, the property will be platted for a conventional subdivision, and subjecting only common areas, recreation areas or signage to the site plan review process. Pursuant to Section 9.C.2(2) of the Land Development Regulations, staff is not required to review the petition against the eight (8) criteria by which rezonings are to 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 properties to be annexed within this vicinity. Instead, staff analysis will relate to consistency with other relevant portions of the Comprehensive Plan, the city's annexation program and service capability consistent with Policy 8.10.5 of the Intergovernmental Coordination Element of the Comprehensive Plan. Page 3 File Number: ANEX 03-002, LUAR 03-007 Bermuda Bay Policy 1.16.3 of the Future Land Use Element states: "The City shall continue to enforce and implement the policies that regulate the use and intensity, and other characteristics for the development of specific areas, as set forth in the Land Use Problems and Opportunities section of the support documents for this element. Those recommendations contained in the Land Use Problems and Opportunities are hereby incorporated by reference into the Goals, Objectives, and Policies of this Plan. By 200~, the Problems and Opportunities section shall be revised and updated to reflect current conditions in each of the planning areas. Until the revisions are adopted, the recommendations shall be considered as advisory." The relevant portions of the Problems and Opportunities section are, as follows: "4.1. Unincorporated Parcels in Vidnity of Lake Ida Those parcels on the west side of Lake Ida, north of the L.W.D.D. L-30 Canal and the adjacent right-of-way for Interstate 95 should be annexed. The existing industrial parcel along Interstate 95 should be annexed as a nonconforming use in a Low Density Residential land use category and an R-1AAB zoning district, since this is an inappropriate location for industrial uses. Those parcels to the north and south of the existing industrial parcel should also be placed in a Iow-density residential category and developed for single-family detached housing. The small parcel abutting the east side of the Lake Eden subdivision should also be annexed and placed in the same land use and zoning categories as the adjacent incorporated properties." The requested annexation will reduce the existing enclave by approximately one-half, leaving approximately 19.37 acres, including 7 acres owned by Palm Beach County. Staff will continue to encourage the property owner to annex the remaining portion, consistent with the cited directionsfrom the Problems and Opportunities section. Zn connection with previous annexation studies, departments most affected by annexations (e.g. Police, Rre, and Public Works), have been surveyed for issues related to service capability and costs. All opinions previously collected from these departments supported the incremental annexation of enclaves. These opinions have been based on the following: 1) The enclaves are all immediately adjacent to areas within the city that currently receive urban services; 2) Ample service capacity exists to serve adjacent unincorporated properties; and 3) Most enclaves currently receive service from the city via the mutual aid agreement (Police and Fire/EMS only). With respect to impact upon roadways, the Palm Beach County Traffic Division has reviewed the project and determined that no Traffic Study was warranted due to the dern/n/mus nature of the land use and zoning changes. While the continued presence of the existing industrial use on adjacent lands, coupled with the development of the property for residential use could be viewed as intensifying the traffic impacts on local streets, the incompatibility of the two uses will encourage the demise of the industrial use. Additionally, since the proposed development of the property is consistent with recommendations of the Comprehensive Plan, it should be considered as incremental implementation of the plan, which will lead ultimately to the similar conversion of the industrial use, as well. Page 4 File Number: ANEX 03-002, LUAR 03-007 Bermuda Bay The Palm Beach County School District has provided a concurrency determination for the project for 17 single-family homes. Since there are no existing potable water demands for the property, and the proposed 17 units are estimated to require 522 Gallons per Day (GPD) per unit, the increased demand is estimated at 8,875 GPD. Likewise, wastewater discharge will increase by an estimated 235 GPD per unit, or a total of 3,995 GPD. CONCLUSZONS / RECOMMENDAT~ON$ As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staff recommends that the subject request be approved. If the Planning and Development Board or the City Commission recommends conditions, they will be included as an additional attachment (Exhibit "C'~. AITACHMENTS I in. = 500.0 feet BERMUDA BAY EXHIBIT "A" VIII.-PUBLIC HEARING CITY OF BOYNTON BEA£ ITEM D. AGENDA ITEM REQUEST F( Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1,2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1,2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the January 6, 2004 City Commission Agenda under Public Hearing. The Planning and Development Board with a unanimous vote, recommended that the subject request be APPROVED. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-302. EXPLANATION: PROJECT: Bermuda Bay (LUAR 03-007) AGENT: Michael J. Covelli, Caulfield & Wheeler, Inc. OWNER: National Land Company, Inc. LOCATION: East ofi-95, north of Lake Ida Road and south of Diane Drive DESCRIPTION: Request to amend the Comprehensive Plan Future Land Use Map to reclassify 17.12- acres from MR-5 Residential (Palm Beach County) to Low Density Residential (4.84 du/ac). Proposed use is for 17 single-family residential lots. PROGRAM IMPACT: FISCAL IMPACT: ~ 1 ALTERNATIVE S "t~~ ~ j PI~ ~eYelop~t ~epa~e~t b~ec~or ~ ¢i~ ~a~e'~'s signa~tu~e ' Plan~i~and~ Dffector CiW AEomey / F~ance / H~ Reso~ces S:~lanning~D~ROJEC~uda Bay~UAR 03-007~g~da Item Request B~uda Bay LUAR 03~07 Amid 1-6-04.dot S:~LE~O~S~GENDA ~EM ~Q~T FO~.~ DEVELOPMENT DEPARTMENT PLANNTNG & ZONTNG DI'V~SI'ON MEMORANDUM NO. PZ 03-302 TO: Chairman and Members Planning and Development Board and Ci~~ssion FROM: Dick Hu~I~AICP Senior Planner THROUGH: Michael W. Rumpf~l~~- Director of Planning and Zoning DATE: December 2, 2003 PRO]ECl' NAME/NUMBER: Bermuda Bay/ANEX 03-002, LUAR 03-007 REQUEST: To annex the property, reclassify from MR-5 Residential and Industrial (Palm Beach County) to Low Density Residential (4.84 du/ac) and rezone from IL-Industrial, CG-General Commercial and RS-Residential (Palm Beach County) to R-1-AAB. PRO3ECT DESCRZPTZON Property Owner: National Land Company, Inc. Applicant/Agent: Caulfield & Wheeler, l~nc./Michael .1. Covelli Location: Adjacent to the east side of 1~-95, south of Diane Drive and west of Lake Drive. (Exhibits "A & B'~ Parcel Size: +17.121 acres (including +8.595 acres of submerged land) Existing Land Use: MR-5 Residential and Industrial (Palm Beach County) Existing Zoning: CG-Commercial, [l.-llndustfial and RS-ResidenUal (Palm Beach County) Proposed Land Use: Low Density Residential (4.84 du/ac) Proposed Zoning: R-1AAB-Single Family Residential Proposed Use: 17 single family residential lots Page 2 File Number: ANEX 03-002, LUAR 03-007 Bermuda Bay Adjacent Uses: North: Northwest, single family homes (Lake View Haven) designated Low Density Residential (4.8,t du/ac) and zoned R-l-AA8 Single Family Residential; northeast, right-of-way of Diane Drive. South: Industrial building (formerly B E Aerospace) remaining in unincorporated Palm Beach County, designated 1ND-Industrial and zoned ]~L-Ught Industrial East: Single family residential (Lake Eden) designated Low Density Residential (4.84 du/ac) and zoned R-I-AAB Single Family Residential West: Right-of-way of 1-95 PRO3ECT ANALYSZS The parcel, which is the subject of this annexaUon, land use amendment and rezoning, totals +17.121 acres; therefore, the proposed land use change qualifies as a large-scale amendment pursuant to Chapter 163 F.S. Following local board review and City Commission public hearing, a "large-scale" amendment is transmitted to the Florida Department of Community Affairs for review for compliance with the state, regional and local comprehensive plans prior to adopUon. Following the review period of approximately 60 days, DCA provides the City with a report of their findings in an "Objections, RecommendaUons and Comments (ORC) Report". The City then has 60 days to either (1) adopt the amendment as transmitted, (2) adopt the amendment with changes in response to the ORC report, or (3) determine not to adopt the amendment and inform DCA of that decision. According to Florida Statutes Chapter 163, large-scale amendments may only be adopted during two amendment cycles each calendar year. This amendment request is a part of the is~ round of amendments for the 2004 calendar year. This proposed amendment is being reviewed for transmittal to the Rodda Department of Community Affairs (DCA). After transmittal and DCA review, the proposed amendment will be scheduled for adoption in May of 2004. Subsequent to approval of the annexaUon, land use amendment and rezoning, the property will be platted for a conventional subdivision, and subjecting only common areas, recreaUon areas or signage to the site plan review process. Pursuant to Section 9.C.2(2) of the Land Development RegulaUons, staff is not required to review the peUtion against the eight (8) criteria by which rezonings are to be reviewed as indicated in Section 9.C.7., as this peUUon is consistent with the dty's Comprehensive Plan Future Land Use Hap designaUon for properties to be annexed within this vicinity. Instead, staff analysis will relate to consistency with other relevant porUons of the Comprehensive Plan, the city's annexaUon program and service capability consistent with Policy 8.10.5 of the Intergovernmental Coordination Element of the Comprehensive Plan. Page 3 File Number: ANEX 03-002, LUAR 03-007 Bermuda Bay Policy 1.16.3 of the Future Land Use Element states: "The City shall continue to enforce and implement the policies that regulate the use and intensity, and other characteristics for the development of specific areas, as set forth in the Land Use Problems and Opportunities section of the support documents for this element. Those recommendations contained in the Land Use Problems and Opportunities are hereby incorporated by reference into the Goals, ObJectives, and Policies of this Plan. By 2004, the Problems and Opportunities section shall be revised and updated to reflect current conditions in each of the planning areas. Until the revisions are adopted, the recommendations shall be considered as advisory." The relevant portions of the Problems and Opportunities section are, as follows: "4.1. Unincorporated Parcels in Vicinity of Lake Tda Those parcels on the west side of Lake l~da, north of the L.W.D.D. L-30 Canal and the adjacent right-of-way for Tnterstate 95 should be annexed. The existing industrial parcel along Tnterstate 95 should be annexed as a nonconforming use in a Low Density Residential land use category and an R-1AAB zoning district, since this is an inappropriate location for industrial uses. Those parcels to the north and south of the existing industrial parcel should also be placed in a Iow-density residential category and developed for single-family detached housing. The small parcel abutting the east side of the Lake Eden subdivision should also be annexed and placed in the same land use and zoning categories as the adjacent incorporated properties." The requested annexation will reduce the existing enclave by approximately one-half, leaving approximately 19.37 acres, including 7 acres owned by Palm Beach County. Staff will continue to encourage the property owner to annex the remaining portion, consistent with the cited directions from the Problems and Opportunities section. In connection with previous annexation studies, departments most affected by annexations (e.g. Police, Fire, and Public Works), have been surveyed for issues related to service capability and costs. All opinions previously collected from these departments supported the incremental annexation of enclaves. These opinions have been based on the following: 1) The enclaves are all immediately adjacent to areas within the city that currently receive urban services; 2) Ample service capacity exists to serve adjacent unincorporated properties; and 3) Most enclaves currently receive service from the city via the mutual aid agreement (Police and Rre/EMS only). With respect to impact upon roadways, the Palm Beach County Traffic Division has reviewed the project and determined that no Traffic Study was warranted due to the dern/n/mus nature of the land use and zoning changes. While the continued presence of the existing industrial use on adjacent lands, coupled with the development of the property for residential use could be viewed as intensifYing the traffic impacts on local streets, the incompatibility of the two uses will encourage the demise of the industrial use. Additionally, since the proposed development of the property is consistent with recommendations of the Comprehensive Plan, it should be considered as incremental implementation of the plan, which will lead ultimately to the similar conversion of the industrial use, as well. Page 4 File Number: ANEX03-002, LUAR 03-007 Bermuda Bay The Palm Beach County School District has provided a concurrency determination for the project for 17 single-family homes. Since there are no existing potable water demands for the property, and the proposed 17 units are estimated to require 522 Gallons per Day (GPD) per unit, the increased demand is estimated at 8,875 GPD. Ukewise, wastewater discharge will increase by an estimated 235 GPD per unit, or a total of 3,995 GPD. CONCLUSZONS I RECQMHENDA I'ZON~ As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staff recommends that the subject request be approved. If the Planning and Development Board or the City Commission recommends conditions, they will be included as an additional attachment (Exhibit "C'~. AI-I'ACHMENTS S:\Pla~SHARED\WI~PRO..1ECIS~Bermuda Bay~LUAR 03-007~AFF REPORT NEW.doc I in. = 500.0 feet '" BERMUDA BAY EXHIBIT "A" VIII.-PUBLIC HEARING CITY OF BOYNTON BEA( ITEM E. AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1, 2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1,2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the January 6, 2004 City Commission Agenda under Public Hearing. The Planning and Development Board with a unanimous vote, recommended that the subject request be APPROVED. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-302. EXPLANATION: PROJECT: Bermuda Bay (LUAR 03-00'f) AGENT: Michael J. Covelli, Caulfield & Wheeler, Inc. OWNER: National Land Company, Inc. LOCATION: East ofi-95, north of Lake Ida Road and south of Diane Drive DESCRIPTION: Request to rezone 17.12-acres from GC-General Commerce, AR-Agricultural Residential, RS-Residential (Palm Beach County) to R1-AAB Single Family Residential. Proposed use is for 17 single-family residential lots. PROGRAM IMPACT: FISCAL IMPACT: /ffl ALTERNATIVES~I' _ . City Manager s S~gnamre Plannin~ and~L~ro'~t{mg Director City Attorney / Finance / Human Resources S:LPlanningXSHARED\WPXPRIJJECTS~Bermuda Bay~LUAR 03-007XAgenda Item Request Bermuda Bay Rezone LUAR 03-007 1-6-04.dot S:X, BULLETIN~ORMS'~AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANN?NG & ZONTNG DZVZSZON MEMORANDUM NO. PZ 03-302 TO: Chairman and Members Planning and Development Board and City~ssion FROM: Dick Hu~I'~AICP Senior Planner THROUGH: Michael W. Rumpf'~I'xl~- Director of Planning and Zoning DATE: December 2, 2003 PROJECT NAME/NUMBER: Bermuda Bay/ANEX 03-002, LUAR 03-007 REQUEST: To annex the property, reclassify from MR-5 Residential and Industrial (Palm Beach County) to Low Density Residential (4.84 du/ac) and rezone from IL-Industrial, CG-General Commercial and RS-Residential (Palm Beach County) to R-i-AAB. PRO3ECT DESCR/P'I/ON Property Owner: National Land Company, Inc. Applicant/Agent: Caulfield & Wheeler, Inc./Michael 3. Covelli Location: Adjacent to the east side of 1-95, south of Diane Drive and west of Lake Drive. (Exhibits "A & B") Parcel Size: +17.121 acres (including +8.595 acres of submerged land) Existing Land Use: MR-5 Residential and Industrial (Palm Beach County) Existing Zoning: CG-Commercial, IL-Industrial and RS-Residential (Palm Beach County) Proposed Land Use: Low Density Residential (4.84 du/ac) Proposed Zoning: R-1AAB-Single Family Residential Proposed Use: 17 single family residential lots Page 2 File Number: ANEX 03-002, LUAR 03-007 Bermuda Bay Adjacent Uses: North: Northwest, single family homes (Lake View Haven) designated Low Density Residential (4.84 du/ac) and zoned R-1-AAB Single Family Residential; northeast, right-of-way of Diane Drive. South: Industrial building (formerly 8 E Aerospace) remaining in unincorporated Palm 8each County, designated 1ND-Industrial and zoned IL-Light Industrial East: Single family residential (Lake Eden) designated Low Density Residential (4.84 du/ac) and zoned R-1-AAB Single Family Residential West: Right-of-way of 1-95 PRO3ECT ANALYS]~.~ The parcel, which is the subject of this annexation, land use amendment and rezoning, totals +17.121 acres; therefore, the proposed land use change qualifies as a large-scale amendment pursuant to Chapter 163 F.S. Following local board review and City Commission public headng, a "large-scale" amendment is transmitted to the Florida Department of Community Affairs for review for compliance with the state, regional and local comprehensive plans prior to adoption. Following the review pedod of approximately 60 days, DCA provides the City with a report of their findings in an "Objections, RecommendaUons and Comments (ORC) Report". The City then has 60 days to either (1) adopt the amendment as transmitted, (2) adopt the amendment with changes in response to the ORC report, or (3) determine not to adopt the amendment and inform DCA of that decision. According to Flodda Statutes Chapter 163, large-scale amendments may only be adopted during two amendment cycles each calendar year. This amendment request is a part of the 1~ round of amendments for the 2004 calendar year. This proposed amendment is being reviewed for transmittal to the Florida Department of Community Affairs (DCA). After transmittal and DCA review, the proposed amendment will be scheduled for adoption in May of 2004. Subsequent to approval of the annexation, land use amendment and rezoning, the property will be platted for a conventional subdivision, and subjecting only common areas, recreaUon areas or signage to the site plan review process. Pursuant to Section 9.C.2(2) of the Land Development RegulaUons, staff is not required to review the pefiUon against the eight (8) criteria by which rezonings are to 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 properties to be annexed within this vicinity. Instead, staff analysis will relate to consistency with other relevant portions of the Comprehensive Plan, the city's annexaUon program and service capability consistent with Policy 8.10.5 of the [ntergovernmental CoordinaUon Element of the Comprehensive Plan. I in. = 500.0 feet BERMUDA BAY EXHIBIT "A" VIII.-PUBLIC HEARING ITEM F. CITY OF BOYNTON BEACt AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December I, 2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December t5, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1,2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consem Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the January 6, 2004 City Commission Agenda under Public Hearing. The Planning and Development Board with a unanimous vote, recommended that the subject request be APPROVED. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-303. EXPLANATION: PROJECT: Anderson PUD (LUAR 03-006) AGENT: Julian Bryan & Associates, Inc. OWNER: D.R. Horton Homes LOCATION: West side of Lawrence Road approximately 1,500 feet south of Hypoluxo Road DESCRIPTION: Request to amend the Comprehensive Plan Future Land Use Map to reclassify 18.32-acres from Agriculture (A) to Low Density Residential (4.84 du/ac). Proposed use is for 88 single-family detached residences. PROGRAM IMPACT: AL t AXIVES: / _ Develop~t ]Sephrt~ent Director ~i~ Manager s Silage PlUg ~Zo~eetor CiW A~omey / F~oe / H~n Reso~ces S:~lanning~D~ROJECTS~dmon P~UAR 03-006~genda Item Request ~dmon P~ Amid LU~ 03-~6 1-6-~.dot S:~ULLE~O~S~GE~A I~M ~Q~ST FO~.~C DEVELOPMENT DEPARTMENT PLANNI'NG & ZONZNG DZVZSI'ON MEMORANDUM NO. PZ 03-303 TO: Chairman and Members Planning~D..evelopment Board and City Commission FROM: Dick Huc~r~,-ATCP Senior Planner THROUGH: Michael W, Rumpf-~~' Director of Planning and Zoning DATE: December 2, 2003 PRO3ECT NAME/NUMBER: Anderson PUD (LUAR 03-006) REC~UEST: To amend the future land use designation from Agriculture (A) to Low Density Residential (LDR) and rezone from Agriculture (AG) to Planned Unit Development (PUD) PR03ECT DESCRZPTZON Property Owner: H. Loy Anderson Applicant/Agent: D.R. Horton Homes/3ulian Bryan & Associates, Inc. Location: West side of Lawrence Road approximately 1,500 feet south of Hypoluxo Road (Exhibit "A'~ Parcel Size: +18.32 acres Existing Land Use: Agriculture (A) Existing Zoning: Agriculture (AG) Proposed Land Use: Low Density Residential (LDR) at 4.84 dwelling units per acre (du/ac) Proposed Zoning: Planned Unit Development (PUD) Proposed Use: 88 single family detached homes AdjaCent Uses: North: Property located in unincorporated Palm Beach County designated MR5 Residential (5 du/ac) and zoned PUD (Palmyra), currently being developed by the applicant, Page 2 File Number: LUAR 03-006 Anderson PUD South: Developed property (Manor Forest) in unincorporated Palm Beach County designated MR-5 (5 du/ac) and zoned RS single family residential. East: Right-of-way of Lawrence Road, then developed property (Nautica Sound) within the City of Boynton Beach designated Low Density Residential (LDR-5 du/ac) and zoned PUD-Planned Unit Development. West: Developed property (Homes at Lawrence) in unincorporated Palm Beach County designated MR-5 (5 du/ac) and zoned RS single family residential. PRO3ECT ANALY$!~ The parcel, which is the subject of this land use amendment, is 18,32 acres in size; therefore, the proposed land use change qualifies as a large-scale amendment pursuant to Chapter 163 F.S. Following local board review and City Commission public headng, a "large-scale" amendment is transmitted to the Florida Department of Community Affairs for review for compliance with the state, regional and local comprehensive plans pdor to adoption. Following the review pedod of approximately 60 days, DCA provides the City with a report of their findings in an "Objections, Recommendations and Comments (ORC) Report". The City then has 60 days to either (1) adopt the amendment as transmitted, (2) adopt the amendment with changes in response to the ORC report, or (3) determine not to adopt the amendment and inform DCA of that decision. According to Flodda Statutes Chapter 163, large-scale amendments may only be adopted during two amendment cycles each calendar year. This amendment request is a part of the Is~ round of amendments for the 2004 calendar year. This proposed amendment is being reviewed for transmittal to the Florida Department of Community Affairs (DCA). Affcer transmittal and DCA review, the proposed amendment will be scheduled for adoption in May of 2004. The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Section 9, Adm/n/$trab'on and Enforcement, Item C. Comprehens/ve P/an Amendments: Rezon/ngs. These criteda are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. In this instance, however, the requested land use is consistent with an annexaUon agreement between the City of Boynton Beach and the property owner, H. Loy Anderson and referenced in the annexaUon ordinance (0094-32) dated October 18, 1994 and quoted as follows: ·.. a certa/n C/b/ zon/ng deS/.qnab'on and Land Use category/s be/nE adored, prov/ded however, the C/b/ has detenn/ned that/t is/n the best interes~ of the pub#c, that upon rece/pt of wr/tten nob'ce from the property owner, the C/b/ w/// /mmed/ate/y proceed to process a/and use p/an amendment for ~ow dens/ty res/denb'a/ and a rezon/ng to RIAAB a// as contemp/atec/ /n Secb'on !71.062(2) F/or/da Statutes. N (Exhibit "B'~ Page 3 File Number: LUAR 03-006 Anderson PUD Prior to annexation in the City, the land use designation for this property was MR-5. The Palm Beach County land use category has a maximum density of 5 du/ac for land developed as a Planned Unit Development (PUD) and 4 du/ac for regular subdivision development and the zoning was AR-SE Agricultural residenUal with a special exception for citrus. Tt would be assumed that the future demands on city services were considered at the time the annexation agreement was approved by the City. The Palm Beach County Traffic Division has reviewed the traffic study for the plan amendment and "has determined that the proposed change in land use meets the traffic-related cdteda established in the Palm Beach County Land Development Code." Staff has not received notice of School Concurrency from the Palm Beach County School District. The applicant is requesting a rezoning to PUD Planned Unit Development with a density of 4.80 alu/ac, rather than the R-I-AAB Single-Family Residential stated in the annexaUon agreement. The maximum density allowed by the R-I-AAB zoning is 4.84 du/ac; however, the setback requirements for this district do not consider a zero lot line residenUal development pattern, which would be possible with PUD zoning. Zero lot line development on this site is consistent with the development pattern found in the Nautica Sound PUD to the east and the Palmyra PUD to the north. For this reason, staff considers the request for PUD zoning to be reasonable. Because of the time required for the large-scale amendment process, compared to the time required for site plan approval, the applicant has submitted only a "bubble diagram" (Exhibit "C'3 as a master plan. This master plan is sufficient only as a show of intended development and for transmittal of the application to DCA. Simultaneous to approval of the requested land use amendment and rezoning to PUD, the applicant will be required obtain site plan approval, as required by the Land Development Regulations, and which will also be reviewed for fulfillment of the master plan requirements of the PUD. CONCLUSZONS/RECOHHENDATZONS As indicated herein, this request is consistent with an agreement between the City and the property owner as stated in Ordinance 094-32 by which the property was annexed into the City. Tn addition, approval of the request will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staff recommends that the subject request be approved. If the Planning and Development Board or the City Commission recommends conditions, they will be attached as Exhibit "D". A'I-I'ACHMENTS S:\Plaonlng~SHARED\WP\PRO.1E~ PUD\LUAR 03-006~STAFF REPORT NEW.doc in. = 765.6 feet N lC !NCE ANDERSON PUD EXHIBIT "A" ; ' " EXHIBIT"B" I " ".~,'. the' Co~z~s~Ve plan ff-Or the Cit~ off B~ton .'- BeaCh re~ires the deve!opm~t of ~ ~.~at.ion ~' ' . '~',. the City off ..B~on · 'Beach, ~h=ough.. t-he ~ ~. " ~a~ion ~=OgZ~, 'has .identified ad~acen~ prope=ties ~- - are the s~j'ects .of agre~ents for Water se~.ice. With the se~:ce are also ~' .... :~01~ta~ Detit'ions. fOr a~eXation Dursuant to -'- according to Flori'~a. S.tat.ut~s~ -- ~, the 'City of Boston Beach here~ exercises, its' . -ogtion to.'~ex th~. follo~ng tract °f.'land'.as. hereinafter . ' :: deScri~,. ~ a~cor~ce with .~ti'cle -I, 'Section 7 '(32) of the "-. Charter of the City. ~d S'eCtion 'i7!.. 0~,. and 17.1. 062 (2) " FlOrida 'Statutes.= ~d -" =' ~,' said tract of land lying ~d being within Palm and being in' the county'of pal~':Beach,. F10rida, t° wit: · - ~e 'East 6~3.18 feet, as' meaSUred"a~. ri~ht'.~les tO the 'East :line 'thereOf, of' ~acLs 9. ~d ;16, Northeast 1/~- of Section ~2, ~ To--shiP 45 So~th,' '.Range . ~2 . 'East,~.. -. ~ ~, .L~ et al, as reCOrded in:'Plat' BO~k 9~...at .pa~e 74 -acCordin~ ~o the 'P~l:ic.. Records" of Pa~ Beach. Co~ty, ~ F~0rida'. ' .~ceDt any ' and. ail legal . Way; Eas~en~s or Res~a~ions ~ of Record. '. '- - Conta~nin~ 19~'77 acres ~re or .less. '.' Together with .L.W.D.D. L-!9 Canal .:'. ... adjacent Sout. h of Property. ~' :' '. .'.PC~f 00-42-45-i2-02_009_002O. ---. . ... ': is 'here~ .-a~ed to'-the City of B~ton..Beach, Fl'ori~.~ ? such- l~d .so ~ed s~ll' be ~d bec~e, part 'of ~he' 'Ci~ :~ the S~e .force and'. effect~. as '~hoUg~'. the s~ 'had .'be~ 'f- originat~y-inCo~orated in the territoriat".~~ries .thereOf. ;. ~t Section 6 ~d 6(a) of' the '~rter of the : . . city of 'B~ton Beach, 'Florida, is here~'.~nde'd t0 'reflect ~ the '.a~tion of said" 'tract .of ...!~d ~re Particularly ~ described in'.S.ection'l. 'of this. Ordin~Ce.. [ .... herewith," Li,~[' ~9=~' Ci~ .~u~i,~ "'-'-- ' "'" · ' : ' -' -~L~i~. ~= L=~-~,~ '" ; ...... " " " . . ~=uu.~u~ '.- 171.S.~2~; ~I~ mu~uu.u=~, a ce~aln City Cit~. ha=. d~te~{ned .that it .~s ~n th~' [B~s.~. int'~r~st, of th.~ ~r.. . the' C~tv. w~.i/ ~%~iately DrOc~adl· t-0 Droc~' a. use. DI~ am~n~,,.t..-:f0r iow d~sitv'. 'reSidential'and. a reZom~n~' "!' t-o' Ri~ all am .Cont~.l'~ted..in,. s,ct.lon..~71.062 (2 . . or [nantes or par~s of nantes .neWsPaper' :-cjeneral c r'culat±on - con e ch, Fi0ri~ as re~i.red"~ the City Cha-r~er .and. SectiOn 17.1.0~, Florida StmtUt~~. ,., ~~ ,,'~e effective date of" this Ordin~ce s~l,1 ~ ,,the date a final order,, is iSsued".'~ the DePartment of C°~unity Affairs findinG, the COrresPondinG' ~en~ent' to the' Comprehensive Plan to-be, in c°~ii~.ce in accordance· With Chapter 163'.,3t84, F.S.,; or the date a' fina!~ order is isSUed. ~ 'the A~nistration Co~%~mission finding the .corresponding ~en~ent to be in co~liance in accordance with ~,~apter. 163.3184~ F.S. ~e notice of c~li~ce ~comes a final order- 21 days-following the issu~ce of the .notice' of .co~liance if durihG the 2!-day period no petitions are"filed c~,itenginG the CorrespOn~nG 'Pt~ "~t. ~de 'issued,. the',Notice of Intent s~ll be attach~ hereto as'~ibit ~ "A" ~d. ~de a part of this ordin~ce ~ reference. ~ Specific authority is here~ Given to codify this Ordinance. filed with the Clerk~ of ~he. Circuit' Co~t of pa~ Beach Co~tY', Flori~, F~sT~ ~~G this .~ day of OCtober, .1994. SECO~-v F~. ~IN~ and PASSAGE. this- /~'~, day-of VIII.-PUBLIC HEARING ITEM G. CITY OF BOYNTON BEA AGENDA ITEM REQUEST Fc, Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be 'Fumed Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1,2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1,2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the January 6, 2004 City Commission Agenda under Public Hearing. The Planning and Development Board with a unanimous vote, recommended that the subject request be APPROVED. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-303. EXPLANATION: PROJECT: Anderson PUD (LUAR 03-006) AGENT: Julian Bryan & Associates, Inc. OWNER: D.R. Horton Homes LOCATION: West side of Lawrence Road approximately 1,500 feet south of Hypoluxo Road DESCRIPTION: Request to rezone 18.32-acres from AG-Agriculture to PUD-Planned Unit Development. Proposed use is for 88 single-family detached residences. PROGRAM IMPACT: FISCAL IMPACT: Developmeh{I~ar~ent I~k~ctor City Manager's Signature Planning and Zonin~Ifn:ector City Attorney / Finance / Human Resources S:XPlanningXSHARED\WP~ROJECTSLS. nderson PUD~LUAR 03-006~Agenda Item Request Anderson PUD Rezone LUAR 03-006 1-6-04.dot S :~BULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNTNG & ZONI'NG DI'V~StON MEMORANDUM NO. PZ 03-303 TO: Chairman and Members Planning~D~evelopment Board and City Commission FROM: Dick HucI~r~,-AICP Senior Planner THROUGH: Michael W. Rumpf~'b'~ Director of Planning and Zoning DATE: December 2, 2003 PROJECT NAME/NUMBER: Anderson PUD (LUAR 03-006) REQUEST: To amend the future land use designation from Agriculture (A) to Low Density Residential (LDR) and rezone from Agriculture (AG) to Planned Unit Development (PUD) PR03ECT DESCI~PT[ON Property Owner: H. Loy Anderson Applicant/Agent: D.R. Horton Homes/Julian Bryan & Associates, ]:nc. Location: West side of Lawrence Road approximately 1,500 feet south of Hypoluxo Road (Exhibit "A'3 Parcel Size: ±18.32 acres Existing Land Use: Agriculture (A) Existing Zoning: Agriculture (AG) Proposed Land Use: Low Density ResidenUal (LDR) at 4.84 dwelling units per acre (du/ac) Proposed Zoning: Planned Unit Development (PUD) Proposed Use: 88 single family detached homes Adjacent Uses: North: Property located in unincorporated Palm Beach County designated MR5 Residential (5 du/ac) and zoned PUD (Palmyra), currenUy being developed by the applicant. Page 2 File Number: LUAR 03-006 Anderson PUD South: Developed property (Manor Forest) in unincorporated Palm Beach County designated MR-5 (5 du/ac) and zoned RS single family residential. East: Right-of-way of Lawrence Road, then developed property (Nautica Sound) within the City of Boynton 8each designated Low Density Residential (LDR-5 du/ac) and zoned PUD-Planned Unit Development. West: Developed property (Homes at Lawrence) in unincorporated Palm Beach County designated MR-5 (5 du/ac) and zoned RS single family residential. PRO3ECT ANALY$~$ The parcel, which is the subject of this land use amendment, is 18,32 acres in size; therefore, the proposed land use change qualifies as a large-scale amendment pursuant to Chapter 163 F.S. Following local board review and City Commission public headng, a "large-scale" amendment is transmitted to the Florida Department of Community Affairs for review for compliance with the state, regional and local comprehensive plans prior to adoption. Following the review pedod of approximately 60 days, DCA provides the City with a report of their findings in an "Objections, Recommendations and Comments (ORC) Report". The City then has 60 days to either (1) adopt the amendment as transmitted, (2) adopt the amendment with changes in response to the ORC report, or (3) determine not to adopt the amendment and inform DCA of that decision. According to Florida Statutes Chapter 163, large-scale amendments may only be adopted dudng two amendment cycles each calendar year. This amendment request is a part of the 1~t round of amendments for the 2004 calendar year. This proposed amendment is being reviewed for transmittal to the Fiodda Department of Community Affairs (DCA). After transmittal and DCA review, the proposed amendment will be scheduled for adoption in May of 2004. The criteda used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Section 9, ,4dm/n/sfrab'on and £nforcemenf, Item C. Comprehens/ve P/an Amendments: Rezon/ngs. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. In this instance, however, the requested land use is consistent with an annexation agreement between the City of Boynton Beach and the property owner, H. Loy Anderson and referenced in the annexaUon ordinance (0094-32) dated October 18, 1994 and quoted as follows: "... a certa/n City zon/ng des/gnatlon and Land Use category/s be/ng adored, prov/ded however, the City has deterrn/ned that/t/s/n the be~t /nterest of the pub#c, that upon rece/pt of written not~'ce from the property owner, the City w/1/ /rnmed/ately proceed to process a land use plan amendment for Iow dens/ty res/denb'al and a rezon/ng to R1AAB · all as contemplated in Seddon 17~.062(2) Florida Statutes. "(Exhibit "B'~ page 3 File Number: LUAR 03-006 Anderson PUD Prior to annexaUon in the City, the land use designation for this property was MR-5. The Palm Beach County land use category has a maximum density of 5 du/ac for land developed as a Planned Unit Development {PUD} and 4 du/ac for regular subdivision development and the zoning was AR-SE Agricultural residenUal with a special excepUon for citrus. It would be assumed that the future demands on city services were considered at the Ume the annexaUon agreement was approved by the City. The Palm Beach County Traffic Division has reviewed the traffic study for the plan amendment and "has determined that the proposed change in land use meets the traffic-related criteria established in the Palm Beach County Land Development Code." Staff has not received noUce of School Concurrency from the Palm Beach County School District. The applicant is requesUng a rezoning to PUD Planned Unit Development with a density of 4.80 du/acF rather than the R-1-AAB Single-Family ResidenUal stated in the annexaUon agreement. The maximum density allowed by the R-1-AAB zoning is 4.84 du/ac; however, the setback requirements for this district do not consider a zero lot line residenUal development pattern, which would be possible with PUD zoning. Zero lot line development on this site is consistent with the development pattern found in the NauUca Sound PUD to the east and the Palmyra PUD to the north. For this reason, staff considers the request for PUD zoning to be reasonable. Because of the Ume required for the large-scale amendment process, compared to the time required for site plan approval, the applicant has submitted only a "bubble diagram" {Exhibit "C'3 as a master plan. This master plan is sufficient only as a show of intended development and for transmittal of the application to DCA. Simultaneous to approval of the requested land use amendment and rezoning to PUD, the applicant will be required obtain site plan approval, as required by the Land Development Regulations, and which will also be reviewed for fulfillment of the master plan requirements of the PUD. CONCLUS:ZONS/RECOHMENDA'I/ONS As indicated herein, this request is consistent with an agreement between the City and the property owner as stated in Ordinance 094-32 by which the property was annexed into the City. In addition, approval of the request will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staff recommends that the subject request be approved. If the Planning and Development Board or the City Commission recommends condiUons, they will be attached as Exhibit "D". ATTACHMENTS S:\Pla~nlng~.~HARED\WP\PRO.1EC~ PUD\LUAR 03-O06\~T'AFF REPORT NEW.doc 1 in. = 765.6 feet N lC NCE. ANDERSON PUD EXHIBIT "A" ., ~! ~ EXHIBIT "B" ;' '* ore as:t' ' 26;3 " - ~-o~~cs. 0F. ~E C~~ C0~sSION OF ~E ":CI~ OF '~~N B~CH,. FSORiDA,' ~~I~ ~ P~".B~CH GRO~S PROPER~. " (.~ST -.S~DE' OF.-.~~E [0~. BEGI~I.~ ' ''.. ' .:'1,30-0. 'FEET . SO~ ' OF.. : [~LU~O: .RO~) '~XING: 'A' ' C~TA~ ~0R~~ ~T 0~.'.~ ~T iS " CO~0~S ~. ~. CI~' L~TS .-WI~IN: P~ -:~. . .. ~ ~T. WILL, U~N . ITS ! [ CO~AC~ ~DITION'~ ~ CI~ TE~I~RY, ... ~-'~~ OF. ~ '.C[~..OF ~~N.. B~C~, .-. -. .. ~ "S~TIONS. [71. 044, ~?[.~'~.~ (2-)' ;..'F~ORIDA · STA~ES; PROVIDING ' . ~.. '~ USE DE~G~0N~ '~ . . ...ZON~G OF. ~ PROP~ S~L-BE" -. ~'.~; PRO~DING : .. , S~ILI~, CODIFICATION. .. " .. EFFECT[~." DA~; .PR~IDING 'FOR ; PROVIDING ~T " "- Q~'.' '.~,' CIRCUIT' CO~T OF. P~-' B~CH .. ~~,. FLORIDA, U~N ~PTION.- ".~,' the CoUrt--sire Plan for the citY-of B~ton.. BeaCh re~ires the developm~t o.f ~ ~.ezat.ion Progr~; '" ~' ~' '.'the 'City of .B~on 'Beach, through., the ~ ~ " ~~tion 'Progr~, 'has .identified adjacent properties. t~t' ~"J": are the s~j'ects .of agre~ents for Water se~ice ~ith the" City.';. . .. ~: ':~ :~.'~. ..-:':.'.~~.--said agre~ts for' Water. se~ice are also .' ..... .v01~ta~ Deti~ions. fOr ~eXation pursuant to .. .~:~ ,.-" . 3. ": .-. . . · .. . ... . . ~,.Statutes:; w~'ch c~-be-'~ecut~ ~ the City of ~ton .- .B~ch at.:~y .~..such Dr°De~ies· are 'eligible. f°r a~ation · .. according to Florida. s.[atutes; '~ .- ~~, the City of Boston 'Beach here~ ~ercises. its -option ~o '~ex ~he. follo~ng tract 0f.'l~d.'.as hereinafter .~ descri~,, in accor~ce with .Article -I, "Section 7 (32)' of' the charter of the City. ~d SeCtion 'i71.0~4,. and 17-1.062 FlOrida 'statutes.: ~d :' :' ~, said tract, of land lying ~d being within Palm z Beach Cowry is conti~us, t© the '~isting 'City'l~ts 'of the ~ City .of .B~tOn BeaCh,.. F10ri~ and will, 'Upon' its a~ati0n, and being in the County'of Pa.t~h:Beach,. ·Florida, t0 wit: · ~ The.' East 6'~.3,t8 feet, as' measured· at right ".angles t° the 'East :line thereof, of . Tracts 9. and :16-, Northeast 1/~. of Section · · -..1.-2, : T0wnshiD 45 South,. ·Range . 42 · "East ,... : ' - ..Ma.fy A~ Lyman e.t 'al, as recOrded in:' Plat' . . BOOk ' 9,... at..page 74. -acCording t'o 't.he ' ' "Publ:ic. ReCords" of Palm Beach. County, ~ FlOrida'.. -Exc.eDt any ~ and. ail legal' .' .. ~ights~of-Way;. . . Easements. or Reservations . i .of Record. '. Containing 19;77 aCres more 'or less · ... -.- Together · with . L.W.D.D. L-!9 canal a/w '. .. "ad~a.ce~t Sout. h of Property. " :'- . '" .PC~ 00-42-45-i2-02-009_0020. '.. ' :. '..'" is' 'hereby .'anneXed to'the 'i' such-, iand :'So annexed sB~all' Be and become., part 'of the City With -. :i: .- . the Same ..force "and-... effect' as though.. the same 'had' ..been... !:. "inCorD°rated in the territoriat".boundaries .thereof. ~. " ~'.. That Section 6 and 6(a) of' the 'Charter of the. ' i city o'f 'Boynt0n 'Beach,. Florida, is hereby'amended.t0 'reflect i " the '~annexation of said' tract .of '-.land more Particularly ; described 'in '-Section'l. of this. OrdinanCe: ~ ; i ' ~t- - .' -' 'That -by -Ordinances. 'adoDeed-; ~imuttaneouSly- ewi h; L ..... her t .... 'v,~v~ ClL2 ~-~i~ '' '. ,~ .... ' ' "~-'-"~' : TT ~ * "-c.-~u~z. 7 ~' . -." - ...... · . ', · ' . ~:~_,~ ' ,. . . , .... ." -'' ~'i .. : · "' ':31~ -. ' '. " .~ : Lnances or parts o.f ordinances in . .newspaPer. of general, circulation in the City of Boynton Beach, I:. F-l.or±da~ as reclui.red:b~ the City Charter .and.. SectiOn 17.1.0~4, |" [,. Fl.o.ri.da . : -.'.~e effective ~te of" this Ordin~ce sMll.~ " ..'.the date a 'final 'o~der. is issued. .'by the DePartment of Co--unity Affairs finding the COrresPonding .~en~ent' to the' :-~ ~ C'o~rehensive Plan to' be~ in co~li~ce in accordance~ with Chapter 163.3t84, F.S.,; or the date a final.' order is issued. -' .-- 'by 'the A~nistration Coi~6ission-finding the .corresponding "~en~ent to be in c°~liance in accordance with ~:~aPter :.' ' ' 163.3184, F.Si ~e nOtice.of c~li~Ce becomes a final order '::~ 21 dayS .foll~ing the issu~ce'~o'f the ~notiCe' of .cO, ii'ce if .~'. .. -during the 2'i.-day period no Petitions' are'~filed challenging ~.' the CorrespOn~ng.'"Pl~ '~~t. ~de issued,, the Notice. 0f Intent s~ll be .attach~ hereto as ~b.it.."A"'.~d ~de a part ' of this ~ reference. ' ~ ~ Specific authority is here~ given to Codi~.' this Ordinance. W.~' . . .' ~ '~iS 0rdin~Ce, .after'adoPti0n,~'..Shall' be '~ ..... filed with the Clerk:Of ~he. circuit '~Co~t .of pa~ Beach ... CoWry',. Fiori~. .. ~'~ .. : P~ST~'~~' this '~.~ day o'f octOber, .1994. S~O~-~ FI~. ~'~ING and PASSAGE. this - /~'. day .of-' ' '~" ~ .'CI~ OF B0~NB~,~ FSO~DA VIII.-PUBLIC HEARING CITY OF BOYNTON BEAC ITEM H. AGENDA ITEM REQUEST Fig Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1, 2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the January 6, 2004 City Commission Agenda under Public Hearing. Both the Community Redevelopment Agency Board and The Planning and Development Board with tmanimous votes, recommended that the subject request be APPROVED. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-291. EXPLANATION: PROJECT: Urban Central Business District (CPTA 04-001) Text Amendments to Comprehensive Plan AGENT: City-Initiated DESCRIPTION: Request to amend the Comprehensive Plan to add one (1) objective and three (3) policies to the Future Land Use Element of the Comprehensive Plan, to add development thresholds applicable to the Urban Central District. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES:i Developmciai'D~art~en~ l~recto~ * ~ M~ager's Silage Pla 'rig ~d Zom~tor Ci~ A~omey / F~ce / H~n Reso~ces S:~I~ning~D~PECPRO~CPTAXUrb~ CBD 04-~l~g~da Itm Request ~b~ C~I Bus. ~st. CPTA 04~1 l-6-04.dot S:~LET~O~S~GENDA ITEM ~QUEST FO~.~C DEVELOPf4ENT DEPARTHENT PLANNZNG & ZONZNG DZVZSTON HEMORANDUH NO. PZ 03-291 TO: Chairman and Members Planning and Development Board Community I~ede~y.velopment Agency Board FROM: Dick H~~Senior Planner THROUGH: Michael W. Rumpf~t~[~''~ Director of Planning and Zoning DATE: December 1, 2003 SUB.1ECT: Urban Central Business District (CPTA 04-001) Comprehensive Plan Text Amendment INTRODUCTION It has become very evident that a single mixed-use project in the downtown could easily cross the intensity and density thresholds to be classified as a Development of Regional Impact (DRI). While there are certain advantages of a project developing as a DRI, often the amount of time required for final approval at all levels overshadows those advantages. Both Chapter 380 of the Florida Statutes (FS) and Rule 28-24 of the Florida Administrative Code (FAC) make provisions for increasing those DRI thresholds, under certain specific circumstances. One such increase is reserved for a recognized Urban Central Business District wherein, for certain single use projects the thresholds increase by 50% and for multi-use projects with residential components the thresholds increase by 100%. PROCEDURE The procedure for designation of an Urban CBD is outlined in subsection 28-24.014(10)(a), FAC: ~In order to expedite the use of these guidelines and standards, a local government may submit to the Department of Community Affairs, a proposed ordinance specifically delineating the boundaries of an urban central business district or a regional activity center encompassing the development, consistent with the criteria of this rule. Within thirty (30) days of receipt of the proposed ordinance, the Department of Community Affairs shall determine whether or not the proposed ordinance is consistent with the criteria of this rule. If the proposed ordinance is determined by the Department of Community Affairs to be consistent with the criteda of this rule, then the guidelines and standards for developments within the designated urban central business district or regional activity center shall take effect upon adoption of the ordinance by the local government. The local government shall Page 2 File Number: CPTA 04-001 Urban CBD subsequently adopt the ordinance designation by an amendment to the local govemment comprehensive plan at the next opportunity for amendment." On September 16, 2003 the City Commission passed, on first reading, a proposed ordinance establishing an Urban Central Business District (UCBD) for the downtown of the City of Boynton Beach. Pursuant to the requirements of Rule 28-24.014(10)(a), FAC, the proposed ordinance was reviewed by the Florida Department of Community Affairs (DCA) for sufficiency prior to final adoption by the City Commission. In addition, the Rule requires the City to "subsequently adopt the UCBD ordinance by an amendment to the Comprehensive Plan at the next opportunity for amendment." The proposed amendment will add one objective and three policies to the existing Future Land Use Element and include a location map with the text. All text amendments to the Comprehensive Plan are considered "Large-Scale" and therefore are limited to adoption in only two cycles annually. This proposed amendment is a part of the first amendment cycle for the 2004 calendar year. Following approval by the City Commission, the amendment will be transmitted to DCA for review. Final adoption by the City is tentatively scheduled for May 2004. PROPOSED TEXT (with proposed changes shown in underlined text) Objective 1.23 As a Dart of Urban Infill and redevelonment strate,~c-~, hiQhei densiUes and intensities will be encouraQed in the Urban Cpre Pursuant to Rule 28-24.014¢1). F. A. C., the Urban Central District, as depicted on the Future Land Use MaD, is herelT_' established to increase the develooment of reoional impac~ euidelines and standards. Th__e~e incr~_*_~.ed thre~.~holds shall aD_~l~' only to those develor~ments aDDroved after the eff__~z~dve date of th,.-. imr~lemenUnq ordinance (Ordinance 03-039). Policy 1.23.1 For residential, hotel, office or retail developments, the applicable guideline~ and standards shall increase by 50 percent. Policy 1.23.2 The applicable multi-use guidelines and standards shall increase by 100%, provided that one land use of the multi-use development is residenUal, and that residenUal development amounts to not leto than 35 percent of the city'c applicable residential threshold. Policy 1.23.3 If any portion of a proposed development is located outside the delineated Urban Central Business District, the increased guidelines and standards of Rule 28-2a,.014(10), F. A. C., shall not apply Page 3 File Number: CPTA 04-001 Urban CBD RECONNENDATJ:ON The proposed text amendments to the Comprehensive Plan designating the downtown as an Urban Central Business District for the purpose of increasing DR1 thresholds, are consistent with the requirements of Rule 28-24.014(10), FAC; will enable projects of a scale that will make a positive impact on the central business district, and will further implement redevelopment recommendations of the adopted Federal/-//_qhway Corridor Community Redevelopment Plan. Therefore, staff recommends approval of the amendments. ATTACHMENTS S:\Planning\HUDSON\RAC-UH~an CBD~I'AFF REPORT CPTA.doc EXHIBIT "A" CITY OF BOYNTON BEACH URBAN CENTRAL BUSINESS DISTRICT NE 4TH AVE N IX. - CITY MANAGER'S REPORT ITEM A REVISED CITY OF BOYNTON BEAC[, AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates jn to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1,2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1,2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfufished Business RECOMMENDATION: Review and approve final capital project listing as developed by City Commission at a workshop on December 19, 2003. Approval will allow staffto commence project planning and construction of selected projects. EXPLANATION: FOllowing the November 2003 bond issue referendum, the City Commission met on DeCember 19, 2003 to review and revise priorities for non-utility capital construction projects. A total of 12 projects were selected by the City Commission ftr construction over the next two years. These projects are in addition to a number of smaller maintenance and repair capital projects in the approved 2003-04 Budget. Also, the staffhas included costs for a Civic Center/City Hall Planning Study at an estimated cost of $85,000. The purpose of this study is to facilitate ideas associated with the Civic Campus area and to assess where parking and a Public Safety Building should be constructed. The summary of the projects and their expected total cost is included on the attached summary sheet. The total cost of the selected projects is $19.5 M, which represents the total cost of the projects less anticipated grants and intergovernmental funds. The net amount is projected at $11.7 M after expected grants and intergovernmental funds are included. In some cases, these revenues will not be received until late fiscal 2004-05 or in 2005-06. In order to fund these projects it is estimated that a total of $8.6M will need to be borrowed as Public Service Tax Bonds. The estimated total cost of borrowing based on a projected interest rate of 4 O - · . .5 ~ (based on a bond issue m late 2003-04) Is interest payments of $3.4M over a 15- year bond issue. By comparison, .waiting to borrow $8.6M in FiScal 2004-05 will probably result in greater interest rates of at least 1% which translate into interest payments of approximately $4.2 M over the a 15 year period. The annual principal and interest payment for the $8.6 M bond issue at 4.5% interest (FY 2003-04) is $800,780 versus waiting a year and paying 5.5% interest yields an estimated P&I payment of $856,780. Based on this, staffis recommending a bond issue this fiscal year. Attached please see a five-year projection for capital projects plan based on borrowing $8.6M this fiscal year. PROGRAM IMPACT: The construction of these projects and maintenance of other City capital assets will result in an enhancement and improvement of cultural, recreational and educational programs. FISCAL IMPACT: Based on projections prepared by City staff, the projected borrowing is within the City's bonding capacity, which is estimated to be a total of $17.0 M. The use of $8.6 M will preserve $8.4 M for other projects or to cover project shortfalls in the event the City does not receive projected grants or intergovernmental revenues. Caution is urged to not exceed a total of $8.6 M borrowing at this time until these outside revenue streams are confixmed. In many cases, the grants and intergovernmental funds are on a reimbursement basis meaning that revenues may not be received up to 12 months after conclusion of a cOnstruction project. Attached please see a projection of revenues from these sources. S:~BULLETIN~ORMSLa-GENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ALTERNATIVES: Do not proceed with the projects as selected on December 19t~ and re-address the project priority list. Department Head's Signature City Manager's Signature Department Name City Attorney / Finance / Human Resources S:kBULLETIN~ORMS'~.GENDA ITEM REQUEST FORM.DOC XII. - LEGAL CITY OF BOYNTON BEA( ITEM A.1 AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1, 2003 (Noon) [] February 17, 2004 February 2, 2004 (NoonF I/NJ January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (N°°nC'/ CD [] January20,2004 January 5, 2004 (Noon) [] March l6, 2004 March l' 2004 (N°°n) "O [] Administrative [] Legal NATURE OF [] Announcement [] New Business cr~ AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this re~luest on the January 6, 2004 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission unanimously approved this item on First Reading on December 16, 2003. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-226. EXPLANATION: PROJECT: Mangrove Walk Alley (ABAN 01-004) AGENT/OWNER City Initiated LOCATION: 600 & 700 block of NE 8' Avenue and NE 9' Avenue DESCRIPTION: Request for abandonment of a 15-foot wide alley within the Lake Addition to Boynton subdivision. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: ~/// Develop~a( epam~ -'- v City Manager's Signature J Planning and Zoning I~ctor City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS~vlangrove Alley Abandoument%genda Item Request Mangrove Walk Alley ABAN 01-004 2nd reading 1-6-04.dot SABULLETINWORMS~S, GENDA ITEM REQUEST FORM.DOC ORDINANCE NO. O3- ~{o AN ORDINANCE OF THE CItY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ABANDONMENT OF AN UNIMPROVED 15-FOOt WIDE ALLEY RUNNING EAST-WEST IN BLOCK 4, LAKE ADDITION TO BOYNTON SUBDIVISION (ABAN 01- 004); CONVERTING AND RESERVING A 15-FOOT WIDE UTILITY EASEMENT EQUIVALENT IN WIDTH AND LOCATION TO THE EXISTING ALLEY BEING ABANDONED; AUTHORIZING THE CITY MANAGER TO EXECUTE A DISCLAIMER, WHICH SHALL BE RECORDED WITH THIS ORDINANCE IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach is requesting abandonment of an animproved 15-foot wide alley right-of-way located between N.E. 8th Avenue and N.E. 9th Avenue, subject to staff comments and the reservation of a utility easement equal in size and location to the alley right-of-way being abandoned; 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 Ihe City Commission on the proposed abandonment; and WItEREAS, the properties located on the north and south sides of the alley segment ~o be abandoned are developed with single-family residences, and it is the City's intention to kacate the 15-foot wide alley as the adjacent properties were not improved to utilize the alley and therefore, the alley right-of-way provides no public service for access purposes; and WltEREAS, the 15-foot wide alley will be converted to a utility easement equivalent m width and location to the existing alley; 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 thc City of Boynton Beach, Florida, does hereby abandon a 1 S-foot wide alley located between N.E. 8th Avenue and N.E 9th Avenue, Boynton Beach, Palm Beach County, Florida, subject to staff comments and any easements of record, and more particularly described in the attached Exhibit "A." A location map is attached hereto as Exhibit "B." S:\CA\OrclinancesV~,bandonments~Abandon - Mangrove Walk Alley.doc Section 3. A perpetual utility easement equivalent in width and location to the being abandoned is hereby reserved, granted, and conveyed to the City of Boynton and any public or private utility for purposes of the placement, installation, removal, and repair of utilities, such as water, wastewater, stormwater, electric, itions, and cable television, over, along, through, in, above, and under that parcel of land situated, lying, and being in Boynton Beach, Palm Beach County, as more particularly described in Exhibit "A" and as depicted on Exhibit "B" hereto Section 4. The City Manager is hereby authorized and directed to execute the Disclaimer and cause the same to be filed, with this Ordinance, in the Public of Palm Beach County, Florida. Section 5. This Ordinance shall take effect immediately upon passage. FIRST READING this Ilo day of ~e_c..~~,, 2003 SECOND, FINAL READING AND PASSAGE THIS day of ,2004. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner CommissiOner City Clerk S:\CA/OrdinancesU~ba~donments~bando~. Mangrove Walk Alley.doc EXHIBIT "A" A 15-foot alley lying in Block 4 of Lake Addition to Boynton, as recorded in Plat Book 11, Page 71, of the Public Records of Palm Beach County, Florida, being more particularly described as follows: A 15-foot wide alley running east-west in said Block 4, being bounded on the east by the west right-of-way line ofN.E. 7th Street, on the west side by the northerly projection of lot 27 of said Block 4. ~,:'~\Ordinances~AbandonmentsV~bandon - Mangrove Walk Alley.doc '1 in.= 175.0 fee! Mangrove Walk Alley EXHI. BI'T"~,- DISCLAIMER KNOW ALL MEN BY TItESE PRESENTS that the City of Boynton Beach, a municipal corporation, under the laws of the State of Florida, does hereby abandon 15-foot wide alley, located between N.E. 8th Avenue and N.E. 9th Avenue, and more ~ described in the attached Exhibit "A". IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Florida, have hereunto set their hands and affixed the seal of the City this __ r of January, 2004. '. CITY OF BOYNTON BEACH, FLORIDA Prainito Kurt Bressner, City Manager Clerk ;TATE OF FLORIDA ) )SS: ~OUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and Ianet Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach, known to me to be the persons described in and who executed the foregoing and acknowledged the execution thereof to be their free hand and deed as officers, for the uses and purposes mentioned therein; that they affixed thereto the )fficial seal of said corporation; and that said instrument is the act and deed of said WITNESS my hand and official seal in the said State and COunty this __ day of 2004. NOTARY PUBLIC, State of Florida My Commission Expires: S:~CA\Ordinances~Abandonrnents~Abandon - Mangrove Walk Alley.doc EXHIBIT "A" A 15-foot alley lying in Block 4 of Lake Addition to Boynton, as recorded in Plat Book 11, Page 71, of the Public Records of Palm Beach County, Florida, being more particularly described as follows: A 15-foot wide alley running east-west in said Block 4, being bounded on the east by the west right-of-way line ofN. E. 7th Street, on the west side by the northerly projection of lot 27 of said Block 4. S:~CA\Ordinances~bandonmeflts~Abandon - Mangrove Walk AJley.doc DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-226 TO: Chairman and Members .Community Redevelopment Agency Board THRU: : Michael W. Rumpft~~ Planning and Zoning Director FROM: Maxime Ducoste-Arm~&e ~. Planner DATE: November 12, 2003 8UBJECT: Abandonment of a 15-foot wide alley running east-west in Block 4, Lake Addition to Boynton (AeAN 01-004). NATURE OF REClIUE8T The City of Boy[t_ton Beach is requesting: abandonment of an unimproved 15-foot wide alley right-of-way located belween N.E. 8a Avenue and N.E. 9~h,Avenue. This abandonment is for the following unimproved alley Public Records of Palm Beach ~,oumy, rmn(]a, being more pamculany described as follows: A 15-foot wide alley runnirig east-west in said Block 4, being bounded on the east by the west ri ht-of- ~ of N.E. 7~n Street, on the west side by the northerly projection of lot 27 of said Block 4. g way The location map attached as Exhibit 'A' shows the general vicinity of the alley right-of'way to be .abandoned. The attached F_xhiblt 'B'- 'Proposed Abandonment IS a survey of the subject property, which indicates its proximity to adjacent properties. The following is a description of the zoning dislricis and land uses of the properties that sUrround the subject request. North - A single-family neighborhood, zoned R-l-A, and farther north, IS N.E. 9e Avenue right-of- 8outh - A single-family neighborhood, zoned R-I-A, and farther south, is N.E. 8~ Avenue right-of- way;, East - A single-family neighborhood, zoned R-l-A; and West - An auto repair business (ND Auto Repair shop), zoned C-4; , ,eACKeROUNO 1 March of 1925, the Plat of Lake Addition to Boynton was approved. It Included several alleys dedicated to the eq3ettml use of the public, reserving unto the developers or successors the right of reversion if not used as u~. Memorandum No. PZ 03-226 · AaAN 01-O04 slag.pm. Pe..rtlas .l~?ted onthe north and south sides of the alley segment to be abandoned are develo m-mmlb, ras~encas, i ne applicant (City of Bovnton Bea,,r,~ k~.. ,.- ,..,-_, ...... . ped with .-. ,.,./.~,~ u,.= ..~u.uon O! vaca,ng me 15-foot wide alley because adjacent properties were not impmvad to utilize the alley and it therefore mvtdes no access purposes. The 15-foot wide alleyas shown on the surve will P public sewi. c~. for y be converted to a utility easement equwalent In width to the existing alley. When abandoned the alley segment will revert to the adjacent property owners. It etmuld be noted that the City had previously abandoned an alley segment running north and south within the same block, which connects to the alley segment subject to this request. Pursuant to Chapter 22, Article III, Section 4, public notice was given to the property owners that abut the Hght-of- way to be abandoned, all utility companies have been notified and the request has been advertised in the newspaper. A summary of the responses from the utility companies and city staff is as follows: ' CITY DEPARTMENTS/DIVISIONS Engi .neering - No objection Public Works/Utilities - Approval with conditions (see Exhibit 'C') Planning and Zoning - No obJeclion PUBMC UTILITY COMPANIES Florida Power and Light - Approval with conditions (see Exhibit 'C') Bell South - Approval with conditions (see Exhibit 'C') Florida Public Utilities Company - Approval with condillons (see Exhibit 'C") Cable'Company (Adelphla) - Approval with conditions (see Exhibit Cable Company (Comcast) - N/A _RECOMMENDATION I~e~l~ ab'~an~r~lt~Jee~ts~ p.m~..,,es_.n, o_~ ~~ e~pt for ~1~, and ~~ ~ ~ ~ ~-~.~__~ .... n~'~X ~ ~ ~, ~ a~v~, ~ ~ ~ ~n~ ~~~ ~ ~ ~~ot~~.~y~~ ui ................ "~"' ~ ~,__, ............ ~ ~ by~ ~mun~R~tA~~ .~ xc: Central File Mangrove Walk Alley EXHIBIT"A" EXHIBIT "C" Conditions of Approval Proje~ name: Man~v© Walk Alley File number: ABAN 01-004 DEPARTMENTS INCLUDE RFJF.,CT PUBLIC WORKS- General 1. The proposed replacement casement shall be no less in width than the X existing alley. The fifteen (1~) foot wide alley shall be replaced with a PUBLIC WORKg- Traffic Comments: None X UTII JTIE$ Comments: None X Comm~'nts: None X POLICE Commits: None X ENGINEERING DIVISION ~: None X BUILDING DMSION Commits: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALLqT ~: None X Conditions of Approval 2 DEPARTMENTS INCLUDE ' REJEC~ Comments: 2. No structures shall be constructed or landscaping placed within the utility X easement without express written consent of aH legal entities oc~nlpying said casement PRI~AT~ UTtt,ITLES :3. Adelphla has no objections to the abandonn~nt as long as Adelphia X 4. Florida Power & Light has no objections to the abandonment as long as X Florida.Power & Light fa~lities are granted the proper easement. A minimum ten-foot wide utility easement shall be required. 5. Florida Public Utilities Company has no objections to the abandon __ment X as long as F~'.U.C. facilities are granted the proper easement F_o.U.C. has underground gas distn'oution located within the limits of rite proposed 6. Bellsouth has no objections to the abandonment of the alley right-of-way. X Bellsouth shall require a utility easement. ADDITIONAL COMMUNITY. REDEVELOPMENT AGENCY BOARD CONDmONS 1. None X ADDITIONAL CITY COMMISSION CONDITIONS 1. To be determh~ed. DEVELOPMENT ORDER OF THE CITY COMMI881ON OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Mangrove Walk Alley Abandonment APPLICANT'S AGENT: Dale Sugerman, Assistant City Manager - City of Boynton Beach APPLICANT'S ADDRESS: 100 E. Boynton Beach Blvd, Boynton Beach, FL 33425 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 2, 2003 TYPE OF RELIEF SOUGHT: Request abandonment of that 15-foot alley lying in Block 4 of Lake Addition to Boynton, as recorded in Plat Book 11, Page 71, of the Public Records of Palm Beach County, Florida, being more particularly described as follows: A 15-foot wide alley running east-west in said Block 4, being bounded on the east by the west right-of-way line of N.E. 7"~ Street, on the west side by the northerly projection of lot 27 of said Block 4. LOCATION OF PROPERTY: Block 4 of Lake Addition to Boynton DRAWING(S): SEE EXHIBIT 'B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. -.Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit 'C' with notation 'Included'. 4. The Applicant's application for relief is hereby .,. GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms' and conditions of this order. 7. Other DATED: ~ w,~ ~ ~ City Clerk CITY OF BOYNTON BEi ITEM A.2 ' AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office .Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1, 2003 (Noon) ' [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1, 2004 (Noon) [] Administrative [] Legal NATUREOF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to pass an Ordinance designating the City Seal as the official seal of the City, pursuant to Chapter 165.043, Florida Statutes. EXPLANATION: Chapter 165.043, Florida Statutes allows the governing body of a municipality, by ordinance, to designate an official municipal seal, and regulates the manufacture, use, display or other employment of any facsimile or reproduction of the municipal seal, except by municipal officials or employees in the performance of their official duties, without the express approval of the governing body to be a second degree misdemeanor, punishable as provided in s. 775.082 and 775.083, Florida Statutes. The City Commission is presented with two options: Option 1 is the City logo (Sailfish) which is currently being used on City letterhead and on various advertising documents, and Option 2 is the corporate seal which is currently being used on official city documents. The Commission may choose to continue using the corporate seal and so designate that as the official seal, or designate Option 1 (Sailfish) as the official city seal. PROGRAM IMPACT: FISCAL IMPACT: If option 1 (the Sailfish) is designated as the official City seal, a new seal will have to be purchased and will be affixed to all official City documents. ALTERNATIVES: Designate Option 2 as the Official Seal of the City and continue to 'use that seal on all official City documents. Department Head's Signature '~ City Manager's SiguaturJ Department Name 0 City Attorney6~ ~iI~ce / Human Resources S:~BLILLETIN~O~S~G~A ITEM REQUEST FORM.DOC 1 ORDINANCE NO. 0~- ~'-] 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, DESIGNATING THE CITY SEAL AS THE 5 OFFICIAL SEAL OF THE CITY OF BOYNTON BEACH; 6 PROVIDING FOR CONFLICTS, SEVERABILITY, 7 CODIFICATION AND AN EFFECTIVE DATE. 8 9 10 WHEREAS, Chapter 165.043, Florida Statutes allows the governing body of 11 municipality, by ordinance, to designate an official municipal seal; and 12 13 WHEREAS, the City Commission of the City of Boynton Beach, Florida, 14 esires to designate it's seal as the official seal of the City of Boynton Beach; and 15 16 WHEREAS, pursuant to Chapter 165.043, Florida Statutes, the manufacture, 17 display or other employment of any facsimile or reproduction of the municipal seal, 18 by municipal officials or employees in the performance of their official duties, 19 the express approval of the governing body is a second degree misdemeanor, 20 as provided in s. 775.082 and 775.083; 21 22 WHEREAS, the City Commission of the City of Boynton Beach has 23 that the adoption of an ordinance designating the City Seal as the official seal is 24 the best interests of the citizens of the City of Boynton Beach, and protects the integrity of 25 ; 26 27 NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of 28 Florida, as follows: 29 30 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 31 tree and correct and are hereby made a specific part of this Ordinance upon adoption 32 33 34 SECTION2. That pursuant to Chapter 165.043, Florida Statutes, the City of 35 does hereby designate the City seal as the official seal of the City of Boynton 36 and that the manufacture, use, display or other employment of any facsimile or 37 of the county of municipal seal, except by county or municipal officials or 38 in the performance of their official duties, without the express approval of the 39 body is a second degree misdemeanor, punishable as provided in s. 775.082 and 40 )83. A copy of the official seal for the City of Boynton Beach is attached as Exhibit 41 ;'A". 42 43 SECTION 3. Should any section, provision, paragraph, sentence, clause of word of 44 ~s Ordinance or portion hereof be held or declared by any court of competent jurisdiction to be 45 mconstitutional or invalid, in part or .application, it shall be considered as eliminated and shall 46 ~ot affect the validity of the remaining portions or applications of this Ordinance. 1 ;:\CA\Ordinanc esLa. dministrative~Seal Ordinance.doc 1 ~ SECTION 4. That all Ordinances or parts of Ordinances, Resolutions or parts thereof 3 conflict herewith, be and the same are hereby repealed to the extent of such conflict. 4 5 SECTION 5. It is the intention of the City Commission of the City of Boynton Beach, 6 the provisions of this Ordinance shall become and made a part of the Code of Ordinances of 7 Beach, Florida, and that the Sections of this Ordinance may be renumbered, 8 and the word "ordinance" may be changed to "Section," "Article" or other word or 9 in order to accomplish such intention. 10 11 SECTION 6. This Ordinance shall become effective immediately upon its passage 12 adoption. 13 14 FIRST READING this IL dayof ~l)~[~ ,2003. 15 SECOND, FINAL READING AND PASSAGE this __ day of , 16 17 ~.004. 18 CITY OF BOYNTON BEACH, FLORIDA 19 2O 21 Mayor 22 ~4 Vice Mayor 25 26 27 Commissioner 28 29 30 Commissioner 31 32 33 Commissioner 34 '. 35 36 37 ~ Clerk 38 39 4O 41 42 2 Ordinance.doc EXHIBIT XII. - LEGAL ITEH B.1 CITY OF BOYNTON BEAC} AGENDA ITEM REQUEST FOl~a Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1,2003 (Noon) [] February 17, 2004 February 2, 2004 (Noonr~.~l [] January6,2004 December l5, 2003 (Noon) [] March2,2004 Februaryl6,2004(Noo~.).. [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1,2004 (Noon) NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] UraCmished Business RECOMMENDATION: Please place tiffs request on the January 6, 2004 City Commission Agenda under Legal, Ordinance - First Reading. The City Commission with a unanimous vote, approved the subject request under Public Hearing on December 16, 2003. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-288. EXPLANATION: PROJECT: Boynton Delray Academy (ABAN 03-012) AGENT: Marty Madura OWNER: Keith D. Kern LOCATION: West of Railroad Avenue between NE 11z Avenue and NE 10z Avenue DESCRIPTION: Request for an abandonment of a segment of a 5-foot east/west alley (right-of-way) extending west from Railroad Avenue in conjunction with the assembly and development of adjacent parcels. PROGRAM IMPACT: FISCAL IMPACT: ~ ~ ~/~nd~, ALTEI~ATIV~:S~/ Devel°Ifeatefit~epa~e~e~r ~O M~ger s Sim~e / Plarmi~g ~d ~ D~ector ~~ Ci~ ~aomey / F~ce / H~ Resomces S:~I~ningB~DX~ROJECTS~o~m ~lmy Acad~~g~da Itm Request Boston ~lmy Acadmy ~ 1~ leal.dot S:~~O~S~G~DA ITEM ~QUEST FO~.~ ORDINANCE NO. 04- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ABANDONMENT OF AN UNIMPROVED 5-FOOT WIDE ALLEY RUNNING EAST-WEST IN BLOCK B, MEEKS AND ANDREWS ADDITION TO BOYNTON; AUTHORIZING THE CITY MANAGER TO EXECUTE A DISCLAIMER, WHICH SHALL BE RECORDED WITH THIS ORDINANCE IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. WItEREAS, the City of Boynton Beach desires to abandon the unimproved 5-foot wide alley right-of-way which runs west fi.om N. Railroad Avenue located between N.E. 10th Avenue and N.E. 1 lth Avenue, subject to staff comments; and WItEREAS, comments have been solicited from the appropriate City Departments, and public heatings have been held before the City's Planning and Development Board, and the City Commission on the proposed abandonment; and WltEREAS, the properties located on the north and south sides of the alley segment Io be abandoned have requested this abandonment in order to assist in the development of the Boynton Delray Acadamy; and WHEREAS, the City of Boynton Beach Commission finds that the abandonment of abe alley is in the best interest of the public health, safety and welfare of the citizens and residents of the City of Boynton Beach. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section l. · 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 5-foot wide alley which runs west from N. Railroad Avenue located between N.E. l0th Avenue and N.E l lth Avenue, Boynton Beach, Palm Beach County, Florida, subject to staff comments and any easements of record, and more particularly described in the attached Exhibit "A." A location map is attached hereto as Exhibit "B." S:~CA~OrdinancesV~,bandonments~Abandon -5 F! ROW NE 10th and NE 11th.doc Section 3. The City Manager is hereby authorized and directed to execute the Disclaimer and cause the same to be filed, with this Ordinance, in the Public of Palm Beach County, Florida. Section 4. This Ordinance shall take effect immediately upon passage. FIRST READING this __ day of ,2004. SECOND, FINAL READING AND PASSAGE THIS day of ,2004. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner iT: Clerk ROW NE loth and NE 11th.doc EXHIBIT "A" A 5-foot alley lying in Block B of Meeks and Andrews Addition to Boynton, as recorded in Plat Book 5, Page 84, of the Public Records of Palm Beach County, Florida, being more particularly described as follows: A 5-foot wide alley running which runs west from N. Raikoad Avenue between NE l0th Avenue and NE 11th Avenue in said Block B. S:~?,A~Ordinances~,bandonments~bandon -5 F! ROW NE 10th and NE 11th.doc (;2 "LC~ATION MAP-" EXHIBIT "'B' DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City of Boynton Beach, a municipal corporation, under the laws of the State of Florida, does hereby abandon 5-foot wide alley, which runs west of N. Railroad Avenue located between N.E. l0th and N.E. 1 lth Avenue, and more particularly described in the attached Exhibit "A". IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Florida, have hereunto set their hands and affixed the seal of the City this __ r of January, 2004. iT: CITY OF BOYNTON BEACH, FLORIDA Prainito Kurt Bressner, City Manager Clerk TATE OF FLORIDA ) )SS: ~OUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach, known to me to be the persons described in and who executed the foregoing and acknowledged the execution thereof to be their flee hand and deed as officers, for the uses and purposes mentioned therein; that they affixed thereto the seal of said corporation; and that said instrument is the act and deed of said WITNESS my hand and official seal in the said State and County this __ day of 2004. NOTARY PUBLIC, State of Florida My Commission Expires: S:\CA\Ordinances~Abandonments~J~andon -5 Ft ROW NE 10th and NE 11th.doc EXHIRIT "A" A 5-foot alley lying in Block B of Meeks and Andrews Addition to Boynton, as recorded in Plat Book 5, Page 84, of the Public Records of Palm Beach County, Florida, being more particularly described as follows: A 5-fOot wide alley running which runs west from N. Railroad Avenue between NE l0th Avenue and NE 11th Avenue in said Block B. DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-288 TO: Chairman and Members Community Redevelopment Agency Board THRU: Michael W. Rumpf Planning and Zoning Director FROI~I: Eric Lee Johnson, AICP Planner DATE: December 1, 2003 SUB3ECT: Boynton Delray Academy (ABAN 03-012). Abandonment of a five (5) foot wide right-of-way (alley) NATURE OF REQUEST Mr. Marry Madura, agent for the applicant is requesting to abandon the 5-foot wide alley located between the north and south parcels of the project known as Boynton Delray Academy (COUS 03-008). This request to abandon the alley was submitted on October 15, 2003. It is described as follows: A portion of the South 5 feet, less the F.E.C. Railway, MEEKS AND ANDREWS ADDITION TO BOYNTON, according to the Plat thereof; as recorded in Plat Book 5, Page 8,{ of the Public Records of PALM BEACH COUNTY, FLORIDA, being more particularly described as follows: Commencing at the Southwest corner of the East 300 feet of BIock"B"; thence East, along the South line of Block ~B", a distance of 116.50 feet to the POINT OF BEGINNING; thence East 116.90 feet to a point of Intersection of the Westerly right-of-way line of Railroad Avenue; thence South 07047'02'' West, along the said Westerly right-of-way line, a distance of 5.05 feet; thence West, along the Southerly line of said MEEKS AND ANDREWS ADD1T[ON TO BOYNTON, a distance of 116.49 feet to a point, thence North 03°09'23" East, a distance of 5.01 feet to the POINT OF BEGINNING. Said lands containing 583.481 square feet / 0.0134 acres + (more or less). The location map attached as Exhibit "A" shows the general vidnity of the alley and the subject property. The attached Exhibit "B'- shows the predse limit~ of the existing utility easement to be abandoned. The following is a description of the zoning districts and land uses of the properties that surround the subject North: Right-of-way for Northeast 11m Avenue, then farther north is vacant residential property zoned R-2; South: Right-of-way for Northeast 10m Avenue, then farther south is developed commercial property (King's Caf&) zoned C-2; East: Right-of-way for Railroad Avenue, then farther east is right-of-way for the Florida East Coast Railroad; and West: Vacant commercial and residential properties zoned C-2 and R-2. Page 2 Memorandum No. PZ 03-288 ABAN 03-012 BACKGROUND The two (2) parcels that comprise the Boyntofl Delray Academy project surround the subject alley on both of its sides (north and south). The proposed project (COUS 03-008) consists of a charter school and related site Improvements. As proposed, improvement of the lots would require the successful abandonment of the alley that dissects the middle of the property in an east / west direction. When a right-of-way, such as this alley, is abandoned, the ownership of the abandoned land is transferred from the City of Boynton Beach to the abutting property owner(s). Typically, two (2) or more property owners would be affected by the abandonment. This is because the right-of-way is divided in half; each half conveyed to the abutting property owners. Pursuant to Chapter 22, Article ][I[, Section 4, public notice was given to the property owners that abut the alley to be abandoned, all utility companies have been notified and the request has been advertised in the newspaper. In this case, the Boynton Delray Academy is the sole property owner of both lots (north and south) that abut the subject alley. Obviously then, the City has not received any letters of objection from the abutting owners. However, a summary of the responses from the utility companies and city staff is noted as follows: Cl-[Y DEPARTMENTS/DMSZONS Engineering No objection Public Works/Utilities - No objection Planning and Zoning - Approval with conditions (see Exhibit ~C"- Conditions of Approval) PUBLIC UTILITY COHPANIES Rodda Power and Light - No objection Bell South - No response (see Exhibit "C"- Conditions of Approval) Rodda Public Utilities Company - No response (see Exhibit"C"- Conditions of Approval) Cable Company (Adelphia) - No objection The Engineering Division of Public Works has preliminarily reviewed and approved this request for abandonment. No utilities have been found within this right-of-way. However, any Issues that arise in the future would typically be addressed during the time of platting. As of the date of this report, no response has been received yet from Bell South or the Rodda Public Utilities Company. RECOMMENDATION Staff is recommending approval of this request to abandon the 5-foot wide alley given the lack of Public necessity as determined by staff, conUngent upon saUsfying all comments in the condiUons of approval. Any addiUonal condiUons required by the Community Redevelopment Agency and / or the City Commission will be placed in Exhibit '~."- Conditions of Approval. xc: Central File (:;2 .'LOCATION MAP ..... BOYNTON DE.'LRAY AOADEMY EXHIBIT "B" SKETCH OF LEGAL LEGEND: GRAPHIC SC~r.~. P-O.C. = POINT OF COIdMENCEMENT ee~ P.O.B, --- POINT OF BEGINNING ~ N.E. 11th _AVENUE .... . (~ "~ //.11 c3 I BLOCK "a" 0 B (P.B. 5, PG. CERViCAl: (P.B. 1, PG. 123, P.B.C.R.) ~ ~Y ~ ~R~'S ~ ~. .-- . ~ /~ // 10-1~03 ~ ~T ~'~ ~' PAUL ~ DA~ - DAVIS & PURMORT, INC.0~,,,,~. ..~.. LB 1o0o7219 . DATE.. 10-14.--03 Land S~veTo~s · ~d D~opment Co~~ · p]~ ~ N~ 0~1197 ~ ~~ ~ A~Ue- O~ e~, ~ ~ F.B.~G. N/A ~ (s~) e2~0~ a (~) ~0~ ~ (~)~= Subdlvlelone ~ Condomlnlume Land ~ Site Planning ~ : EXH. IBIT "B" LEGAL DESCRIPTION: - THE FOLLOWING DESCRIBED PARCEL OF LAND IS FOR A .. VACATION OF RIGHT-OF-WAY, A PORTION OF THE SOUTH 5' FEET, LESS THE F.E.C. RAILWAY, MEEKS AND ANDREWS ADDITION TO BOYNTON, ACCORDING TO THE PLAT THEREOF; AS RECORDED. IN PLAT BOOK 5,. PAGE 84 OF THE PUBLIC RECORDS OF PALM BEACH. COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE EAST 500' FEET OF BLOCK "B"; THENCE EAST, ALONG THE SOUTH LINE OF BLOCK 'B", A DISTANCE OF 116.50' FEET TO THE POINT OF B.EGINNING; THENCE EAST 116.90' FEET TO A POINT OF INTERSECTION OF THE WESTERLY RIGHT-OF-WAY LINE OF RAILROAD AVENUE; THENCE' S07'47'02'W, ALONG THE SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 5,05' FEET; THENCE WEST, ALONG THE SOUTHERLY LINE OF SAID MEEKS AND ADDITION TO BOYNTON,- A DISTANCE OF 116.49' FEET TO A POINT; THENCE NOS'O9'25"E, A DISTANCE OF 5.01' FEET TO THE POINT OF BEGINNING.. SAID LANDS CONTAINING .583.481 SQUARE FEET/O. 0134 ACRES MORE OR LESS. SCALE' I" = 50' DA VIS & P URMORT, INC. ,,,? Le /~OTm0. DATE: 10--14--03 ~a~zd Stt~e~o~ · ~d Develol~3~e~t-Coam~tt~f~ o Pla~ne~' ~ N~ 03--1197 s~ ~~ ~ x~u~- o~ e~, ~ ~ F.B.~. N/A ~ (o~) ~21-9101 '~ (~) ~.~1Ol f~ (9~)~ Subdlvlslona ~ Condominiums Land ~ Site Planning ~*~~*~~*~~*~'*~~*~~ ~NO, I ~ ' 2 EXHIBIT "C" Conditions of Approval Project name: Boynton Delray Academy File number: ABAN 03-012 Application received October 15, 2003. DEPARTMENTS INCLUDE REJECT PUBLIC WORK~q- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTAl JST Comments: None X PLANNING AND ZONING Comments: 1. Approval of this abandonment request is contingent upon the approval of X Bellsouth and the Florida Public Utilities Company. Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT 2. Obtain a title opinion (ownership and encumbrance report) from a title X company that reflects public ownership. PRIVATE UTILITIES Comments: None X ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 3. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 4. To be determined. S:~:~Ianning~.~HARED\WP~PROJECTS~Boynton Delray Academy~ABAN~COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Boynton Delray Academy APPLICANT'S AGENT: Mr. Marty Madura with Advanced Modular Structures, Incorporated APPLICANT'S ADDRESS: 1911 Northwest 15th Street Pompano Beach, FL 33069 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 16, 2003 TYPE OF RELIEF SOUGHT: Abandon a five (5)-foot wide alley between the north and south parcels LOCATION OF PROPERTY: The northwest corner of Martin Luther King Jr., Boulevard and Railroad Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:~PlanningtSHARED\WP~ROJECTS\Boynton Delray AcademyV~BAN~DO.doc